135-05 Albmarle Beach Farms

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Permit Class EW Permit Number
135-05
STATE OF NORTIi CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
COPY
for itore/7E?
X Major Development in an Area of Envirotm&tal Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Albemarle Beach Farms c/o Leonard C. Small, PO Box 148, Edenton,NC 27932
Authorizing development in Washington County at adi. Albemarle Sound SR 1316 Pea Ridge
Community , as requested in the permittee's application dated5/12/05, including the
attached workplan drawings (12) 3 dated 1/17/05 3 dated'5%12/05 and 6 dated revised 4/14/05
This permit, issued on Sentpmher 29. 2005 , is subject to compliance with the application(where consistent
with the permit), all applicable regulations, special conditions and notes set forth below.Any violation of these terms may
,. be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Y Shoreline Stabilization
1) The alignment of the permitted bulkhead and rip rap shall be staked by a surveyor and approved onsite
by a representative of the Division of Coastal Management.
2) The bulkhead shall be constructed prior to any backfilling activities
3) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
(See attached sheets for Additional Conditions)
t This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department l�
personnel when the project is inspected for compliance. /
Any maintenance work or project modification not covered Char es S. Jones, Director
gement Division of Coastal Mana hereunder requires further Division approval. o
All work must cease when the permit expires on This permit and its conditions are hereby accepte
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
(} Management Program. Signature of Permittee
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Albemarle Beach Farms Permit#135-05
Page 2 of 4
ADDITIONAL CONDITIONS
4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal sheet piles or other
suitable materials approved by Department personnel No excavation is permitted except for that which
may be required for the construction of the bulkhead wall, deadmen cables, etc. This permit does riot
authorize any excavation waterward of the approved alignment.
5) No backfill material shall be placed within 30 feet of the normal water line, except that which will be
used to backfill the area behind the permitted bulkhead.
6) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
/) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the site by wave or current action.
8) The riprap shall not extend waterward more than 10 feet from the normal water level at any point along
its alignment at the time of construction.
9) The riprap material shall consist of clean rock or masonry materials such as, but not limited to, granite,
marl, or broken concrete. Y
10) The fill material shall be clean and free of any pollutants except in trace quantities.
Boatramp Facility
11) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or
poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact
waters of the State or waters that will enter waters of the State.
12) This permit authorizes only the boatramp, access piers, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this boatramp facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
14) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
15) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of.this permit. .The permittee is not relieved of this requirement if he/she abandons the
permitted activity without having it transferred to a third party.
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¢ Albemarle Beach Farms Permit#135-05
Page 3 of 4
r
ADDITIONAL CONDITIONS
Groins
16) The permitted groins shall not extend more than 25 feet waterward of the normal water level.
17 The height of the permitted groins sha
ll not exceed 1 foot above the normal water level.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan''will be required for this project. This plan must be ;
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
18) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.). At a minimum, a silt fence shall be properly installed
immediately landward of all bulkhead caps immediately following completion of backfilling activities.
Stormwater Management
19) The N.C. Division of Water Quality approved this project under stormwater management rules of the
} Environmental Management Commission under Stormwater Permit No. SW7050515 on 9/9/05. Any
violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
General
20) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
,dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
050900.
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Albemarle Beach Farms Permit#135-05
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: 'The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
20051101fi.
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
September 29,2005
Albemarle Beach Farms
c/o Mr.Leonard C. Small
P.O. Box 148
Edenton,NC 27932
Dear Mr. Small:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas,you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
A7& -i"--1
1j
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Leonard Small—Phelps Farm Bulkheading
2. LOCATION OF PROJECT SITE: Washington County, off SR 1316, at Leonard's Point, on the south side
of Albemarle Sound, near Roper,North Carolina
Photo Index— 1989, 1-64 #20—K-3,K-4,K-5,L-5,N-12,N-13,N-14,N-15,N-16,0-17,0-18,0-10,0-20
1995-133-1409 - K-5,K-6,K-7,K-8,K-9,K-9,K-10,K-11, K-12
1995-133-1410—H-13,H-14,H-15,H-16,H-17,I-17,I-18,I-19,I-20,I-21,J-22,J-23,J-24
2000-133-1562—Q-1,Q-2,Q-3,Q-4,Q-5,Q-6,Q-7,Q-8,Q-9,Q-10,Q-11,Q-12,Q-13,Q-14,R-14,R-15,R-
16,R-17,R-18
State Plane Coordinates - X: 2,737,000 Y: 810,100
Roper North Quadrangle - Upper Right Corner
3. INVESTIGATION TYPE: CAMA & Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 17 May 2005
Was Applicant Present—No
5. PROCESSING PROCEDURE: Application Received— 17 May 2005
Office—Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan— 1994 Washington County Land Use Plan
Land Classification From LUP—Conservation (water), Rural (land)
(B) AEC(s) Involved: Estuarine Water, Public Trust Area and Coastal Shoreline
(C) Water Dependent: Yes
(D) Intended Use: private.
(E) Wastewater Treatment: Existing—N/A
Planned—N/A
(F) Type of Structures: Existing—bulkhead
Planned -bulkhead, rip rap,boat ramp and 2-groins and 2-piers
(G) Estimated Annual Rate of Erosion: ±3'
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED Q1HER
(A) Vegetated Wetlands
(404)
(B) Non-Vegetated Wetlands ±63,815 ft2 ±150 ft2
River Bottom Shaded
(C) Other (Uplands) t17 Acres
Slope/Grade/Seed
(D) Total Area Disturbed: ±18 Acres
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY:The applicant proposes to replace±4200 linear feet of bulkhead,install 12'
by±20' boat ramp, 2- 25' long wooden groins, 2- t3' by±25' long piers and install ±60 linear feet of rip rap 10'
waterward of proposed bulkhead.The highground landward of the proposed bulkhead will be cut and used as fill to
be placed behind the entire length of the bulkhead.

Leonard Small—Phelps Farm Bulkheading
Washington County
Proiect setting
The project site is located off SR 1316 at Leonard's Point on the south side of the Albemarle
Sound near Roper in Washington County,North Carolina.The site is±282 acres of agricultural land
adjacent the Albemarle Sound. Several lots have been sold adjacent the Sound, which breaks Mr.
Small's property into four distinct sections along the shoreline. The entire project site has been
previously bulkheaded. The project site is approximately 10 feet above normal water level. CAMA
Major Permit 78-94 was issued to Mr.Leonard Small on 1 June 1994 to construct f840'of bulkhead
along the natural shoreline and install bulkhead to repair six breaks in the existing bulkhead. These
six breaks totaled±390'in length and average washout areas were f29'from the bulkhead alignment
landward to the eroded shoreline. The work was completed and the permit expired on 31 July 2000.
Field verification in July of 1999 indicated that the bulkhead had been installed. Since that time the
existing bulkhead has been severely damaged by natural elements and has washed out in numerous
areas of the shoreline.
The area adjacent the existing damaged bulkheaded shoreline was recently logged. This
logged area averages±150' in width then gives way to agriculture fields. The greatest width of the
logged area is±400' on the downstream(east) end which narrows as you move upstream (west)to
the smallest width of±25'. The adjacent property downstream of the entire tract is a developed and
bulkheaded lot. The upstream portion of Mr. Small's property is not bulkhead and consists of
wooded wetlands, which is similar to the adjacent upstream property.
The Albemarle Sound is classified as SB by the Environmental Management Commission at
the project site. The Albemarle Sound is Coastal waters and is not open to shell fishing.
Proiect description
The applicant proposes to constrict a total of±4200' of bulkhead, which breaks down as
follows:
The applicant proposes to repair five breaks in an approximately 850' long section of
existing bulkhead located on the eastern most end of the project area. These breaks total±280' in
length and the average washout area is± 28' from the bulkhead alignment landward to the eroded
shoreline. The remaining ±570' of this section of bulkhead will be replaced ±2' waterward of the
existing bulkhead.
The remaining f3,350' of new proposed bulkhead to repair the washout areas will be an
average±15'and maximum of±40'from normal water level.This proposed alignment is an average
of ±25' landward of the previous bulkhead installed under CAMA Major Permit 78-94. The
highground landward of the proposed bulkhead will be cut and used as fill to be placed behind the
entire length of the bulkhead.

Additionally the applicant proposes to install a±12'wide by±20' long boat ramp with a 25'
long wooden groin on each side of the boat ramp. A ±3' wide by t25' long pier will be located on
each of the proposed groins. Approximately 60' of rip rap is proposed to be installed 10'waterward
of the proposed bulkhead on the upstream end.
Anticipated impacts
The project as proposed will result in the filling of approximately 63,815 ftz of sound bottom.
The proposed project will also result of the cutting and grading of approximately 17 acres. The
project will result in localized turbidity as a result of the construction of the bulkhead,boat ramp and
groins.
Kelly Spivey— 18 May 2005

Farm DCM-MP 1
APPLICATION,
(To be completed by all applicants)
b. City, town, community or landmark
er+mM u N i zv
1. APPLICANT
c. Street address or secondary road number
a. Landowner:
d. U proposed work within city limits or plannin
Name L 177 s jurisdiction? Yes _ X No
C.
Address ©, 1-1 0 J 2 e. Name of body of water nearest project (e.g. rivet
City State " e- creek, sound, bay) At Sc.�»RcE �a tip,
Zip Z 7 9 3Z Day Phone 281- z 1 '
Fax -2 8Z- ILLS;—s 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name )qo e�a i r �.�/11rs;.,�-5 a. List all development activities you propose (e•1
building a home, motel,marina,bulkhead,pier,an
n excavation and/or filling activities.
Address_G �i�OcAc<�
rvbl ificf-l1 �3uLetfft"ivd� /�/57�4L 4
City -L/I A V L�i�I State /3oA-r 44,4^/CL/ An/i7 SLo PL' 1�dr7
G.4t� %
ono cv,�s t,+ a a75 'o r✓g�w
Zip Z-7 8 l 0 Day Phone b. Is the proposed activity maintenance of an a istin
project, new work, or both? f o7. 1
Fax
c. Will the project be for public,private or commerce
use? J'R/VfI7c
c. Project name (if any)
4'N,t-c-P.5 -1 0)'NC d. Give a brief descxiption of purpose,use,methods c
coon and daily operations of propose
project. N more space is needed, please attac
AVM- Pmdr wiu be iu+iad in ewe ottadowne►f=J,and/or project.
pages. •,rc j ,?%4 z,e WL4n T
pnojeananw. y,a�ic /zE: ��a.c��/',✓� �,P,�'as�drl
A/ �rA�c �o ui.iy
2. LOCATION OF PROPOSED
PROJECT
a. County /�A 5 1-4 /'1c��✓

Forin DCM-MP-1
m. Describe existing wastewater treatment facilities.
4. LAND AND WATER f✓d��
CHARACTERISTICS
a. Size of entire tract Z "/ A c s n. Describe location and type of discharges to wate
of the state. (For example, surface runoff, sanita
b. Size of individual lot(s)
wastewater, industrial/commercial effluent, "wa
qLo� u ��,,,, , Zcc �� down" and residential discharges.)
A
c. Approximate elevation of tract above MHW or �
NWL / ' 141of .-yi L
d. Soil types) and texture(s) of tract o. Describe existing drinking water supply source.
e. Vegetation on tract w' )n,D «cull--) -g
f. Man-made features now on tract 5. ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, t
classification of the site? /Co►suh the tom lid we P1mL 1 following items must be submitted:
Conservation Transitional _ _ l..
— A C°py of the deed ,(with state applicationoumy o )
Developed Community
Rural ether other instrument under which the applicant claims ti-
to the affected properties. If the applicant is in
h. How is the tract zoned by local government? claiming to be the owner of said property, th
forward a copy of the deed or other instrument and
which the owner claims title, plus written permissi,
i. Is the proposed project consistent with the plicable from the owner to carry out the project.
zoning? Yes No ' ,4
(dryads zoning compliance a►rif emu. 1 applicable) • An accurate, dated work plat (including plan vir
and cross-sectional drawings)drawn to scale in bla
j. Has a professional archaeological assessment been ink on an 8 1/2" by II" white paper. (Refer
done for the tract? Yes No Coastal Resources Cemmission Rule 7J.0203 for
If yes, by whom? detailed description.)
k. Is the project located in a National Registered Please note that original drawings are preferred a
Historic District or does it involve a National only high quality copies will be accepted. Blue-li
Register listed or eligible property? prints or other larger plats are acceptable only if
Yes _K No adequate number of quality copies are provided 1
applicant. (Contact the U.S. Army Corps
1. Are there wetlands on the site? ZYes No Engineers regarding that agency's use of larg
Coastal (marsh) Other drawings.) A site or location map is a part of pl
If yes, has a delineation been conducted? requirements and it must be sufficiently detailed
(dnadr&cwnentation, i'amilabk) guide agency personnel unfamiliar with the area to t

Foem DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PEPJV SSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to thh
adjacent waterfront (riparian) landowners and application will allow only the development described it
signed return receipts as proof that such owners the application. The project will be subject to condition
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments I certify that to the best of my knowledge,the proposes
on the proposed project to the Division of Coastal activity complies with the State of North Carolina':
Management. Upon signing this form, the applicant approved Coastal Management Program and will bf
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name I certify that I am authorized to grant, and do in fad.
Address G,���� �w�,r- 'a ,` grant permission to representatives of state and federa
Phone 7- review agencies to enter on the aforementioned lands in
connection with evaluating information related to thb
Name permit application and follow-up monitoring of the
Address project.
Phone
I further certify that the information provided in thi:
Name application is truthful to the best of my knowledge.
Address
Phone _
This is the /Z y of 1 Z �
• A fist of previous state or federal permits issued for
work on the project tract. Include permit numbers, Print Nam
permittee, and issuing dates.
Signature
Landowner or A,rdorizAd Agent
°r",/
• A check for$250 made payable to the Department of Please indicate attachments pertaining to your proposoc
Environment, Health, and Natural Resources Project.
(DEHNR) to cover the costs of processing the ✓ DCM MP-2 Excavation and Fill Information
application.
DCM MP-3 Upland Development
• A signed AEC hazard notice for projects in DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOT1~ Pkau sign and date each attachment m A
Environmental Policy Ad (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.

Form DCM-MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed project.
a. Amount of material to be excavated from below
Describe below the purpose of proposed excavation or MHW or NWL in cubic yards (�01 n 2
fill activities. All values to be given in feet.
b. Type of material to be excavated
A"rap FWW
c. Does the area to be excavated include coastal
� � � Depth wetlands (marsh), submerged aquatic vegetation
Access (SAVs) or other wetlands? Yes K No
channel
(MLW)a(NW-) d. Highground excavation in cubic yards
Canal
2. DISPOSAL OF EXCAVATED
Boat MATERIAL
basin
a. Location of disposal area
Boat n--, r�;"4-K/�n .-,"f, •//
ramp z f� Z' 3
b. Dimensions of disposal area
'�'L-' ef/9y6r -9 , DFr0
Rock _
groin
c. D_ o you claim title to disposal area.
Yes No
Rock If no, attach a letter granting permission from the
breakwater owner.
Other d. Will a disposal area be available for future
maintenance? ,," Yes No
(ExchWing
If yes, where. a� �.—� ����m�
slabiliut;on)
J�Gli7lmEi✓T�/id:v /��Ais/

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or other wetlands? (1) Amount of mater# to be placed in the
Yes _X No water AI ,q
(2) Dimensions o� area
f. Does the disposal include any area in the water'?Yes _,-No (3) Purpose of fill
�N LbG A iFA 1D
b. Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands?
Yes _- No
If yes,
a. Type of,shoreline stabilization (1) Dimensions of fill area A�/�
Bulkhead Riprap�7
V I i3v�V'fi c=�A /i,�Rq toH4 q')2.�; (2) Purpose of fill
b. Length/ Z�U' *� mod' +/ e�- L-..,D t34CKei�/rrJ
c. Average distance waterward of MHW or NWL
e- S. GENERAL
d. Maximum distance waterward of MHW or NWL - -
"- w 4ari7 = 10" i
49 o`" 6 r a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled?(Sour
cc ormodon) c9 u /V E/� bra-:t/ /�C.A.�/ `� �� :i�f /3r Ri✓1
r�ASS
f. Type of bulkhead or riprap material V'%_
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards to be placed below dredge)?
water level
(1) Riprap /o Cu YO
(2) Bulkhead backfill 873. Fi, cU. ,a,
c. Will wetlands be crossed in transporting equipment
h. Type of fill material --5-A�l C to project site? Yes X _ No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material U Pci n -� >� - �✓��
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
C-
a. Will fill material be brought to site? z z
Yes _ No Dude

Form DCM-MP-3
A L D N
UP
DEVELOPM[ENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a CAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division of Environmental Management for review?
_Z Yes No
a. Type and number of buildings, facilities, units or If yes, date submitted -5
structures proposed Mv✓-
i. Describe proposed method of sewage disposal.
b. Number of lots or parcels d
j. Have the facilities described in Item i. above
c. Density(give the number of residential units and the received state or local approval? N
units per acre) 0 (Arad,approprrauc documentation)
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled r disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. c.- sanitary wastewater, industrial/commercial effluent,
"wash down" and residential discharges).
-!5A 4c� /icrN�
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well, community, public system, etc.)
control plan been s mitted to the Division of Land '��
Resources? Yes -N�
If yes, date submitted S/i7 a - m. Will water be impounded? Yes ✓ No
_T If yes, how many acres?
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when
C'o.ic��7� 30•f 7 ,��„� was the lot(s) platted and recorded?
g. Give the percentage of the tract within 75 feet of
MHW or NWL, or within 575 feet in the case of and
Outstanding Resource Water, to be covered by S*namm
impervious and/or built-upon surfaces, such as �z C,Ge
pavement, buildings, rooftops, or to be used for Date
vehicular driveways or parking. 7

Form DCM-MP4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major e. Mooring buoys /3
Permit, Form DCM-MP-1. Be sure to complete all (1) _Commerci _Community_Private
other sections of the Joint Application which relate to (2) Number
this proposed project. (3) Description of buoy
(Color, inscription ize, anchor, etc.)
a. Dock(s) and/or Pier(s) l�
(1) _ Commercial Community ✓ Private
(2) Number z
(3) Length Z-75-' (4) Width of water body
(4) Width 4' (5) Distance buoy(s) to be placed beyond
(5) Finger Piers Yes No shoreline
(i) Number
(ii) Length f. Mooring structure (boadift, mooring pilings, etc.)
(iii) Width (1) _ Commercial _ mmunity_Private
(6) Platform(s) Yes r/ No (2) Number
(i) Number (3) Length
(ii) Length (4) Width
(iii) Width
(7) Number of slips proposed d g. Other (GIw conplek descfiPfion)
(8) Proximity of structure to adjacent riparian
property lines 16 %SriF >3C w57 Z.`7 �rOst/ ;:t 4 -L/
(9) Width of water body 3 /;,S z
(10) Water depth at waterward end of pier at
MLW orb , % 3
b. Boathouse (including covered lifts)
(1) Commercial '' �' Private
(2) Length
(3) Width AppHaw°' ftoject NameL;
'
c. Groin (e.g. wood, sheetpile, etc.) sknatm
(1) Number Z /Z -'5—
(2) Length(s) Z ' Date
d. Breakwater (e.g. wood, sheetpile, etc.) 1 / iq
(1) Length
(2) Average distance from MHW, `NWL or
wetlands
(3) Maximum distance beyond MHW, YW L-or
wetlands

r
Leonard C. Small
Albemarle Beach Farms
"Phelps Farm Bulkheading"
5/12/2005
Project Location
Located by driving from Roper, NC on Hwy 64 east, 8.4 miles to NC 32
north. Turn onto NC 32 north go 0.6 miles to Arnold Loop road. Turn left onto
Loop Road go 0.1 mile to Leary Beach Road (private road) on the right. Follow
Leary Beach road to the waterfront and this begins the project area.
Project Overview
This is to replace the failed bulkhead from an earlier CAMA project (78-94).
Several areas have given way and created severe washouts and scalping on the
shoreline. The porpoise of the replacement bulkhead is to protect the farm from
more erosion and stop sedimentation from entering the Albemarle Sound.
The proposed new bulkheading will be installed in front of and run parallel
with the existing wood bulkheading, except in some of the severe washout areas
where the bulkhead will come inland to minimize fill needs. The new bulkhead
will use vinyl sheets 24" wide by 10' long. The Vinyl bulkheading interlocks and
is vibrated into the shore bottom a depth of 5'. The Vinyl bulkhead is secured by
4" by 6" treated lumber bolted across to top and capped by 2" by 12" treated
lumber. The bulkheading is stabilized by guy ties to 10" dia. by 10' poles inside
of bulkheading about 12' inland. This part of the project to by built by Hopkins
Marine Construction. The project includes a small boat launch 12' wide with
groins and piers 25' from shore on each side of the boat ramp. The west end of
the bulkhead project will have riprap place and fanned around the corner to harden
and protect from heavy wave action.
The landowner plans to back fill the washout areas where the old bulkhead
had broken with sand from the farm. The entire 288 acres of this tract are sandy
farmland allowing the upland area to be sloped moving the fill materials to build
up next to replacement bulkhead wall. The backfill to the new bulkheading will
stabilize the wall. Gentle slope of the fill should minimize runoff. But placing a
strip of sod grass along the edge of the bulkhead top and seeding the disturbed area
with winter grass will prevent runoff of soils.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Leonard Small, Phelps Farm Bulkheading County: Washington
LOCATION OF PROJECT: Washington County, off SR 1316, at Leonard's Point, on the
south side of Albemarle Sound, near Roper,North Carolina
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 17 May 2005
FIELD RECOMMENDATION: ATTACHED
CONSISTENCY DETERMINATION:
FIELD REPRESENTATIVE: R. Kelly S ive DISTRICT OFFICE: Washington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN SIGH: FEE REC'D:. 4j) •L)b
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TOGG::, / ,,, - ON:
C) 75 DAY DEADLINE: 0✓ 150 DAY DEADLINE:
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: Ii-��"�S FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE OBJECTIONS: NOTES
COMMENTS YES NO
RETURNED
Coastal Management - Regional representative 7
Coastal Management - LUP Consistency
Determination
Division of Community Assistance
Land Quality Section oS ✓ S t f q�c
Division of Water Quality
e
Storm Water Management (DWQ)
State Property Office 5-31-oS
Division of Archives & History �_31,ps'
Division of Environmental Health S_ as'
Division of Highways
Wildlife Resources Commission 6- $.os
Division. of Water Resources
Division of Marine Fisheries
Submerged Lands (DMF)

Permit# 13 S' OS
DCM Coordinator:
MAILING DISTRIBUTION-: /
Permitee:
Agent:
DCM Field Offices:
Eliza
Morehe�Ciz
%Ls.h to
Wilmington
US Army Corps of Engineers(USACE):.
Washington: Mike Bell(NCDOT)
B' CD T)
Raleigh Bland.
Wilmington: Dave Timpy(NCDOT) \J
Henry Wicker
Others:
Cultural Resources: ReneeC(N
Environmental Health:Marine Fisheries:NCDOT:
Shellfish Sanitation:
State Property Office:
Water Quality: . John He
Water Resources: John Sutherland
Wildlife Resources: ttria ri
Bennett Wynne
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399) -
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

Sep 28 05 10:43a Bryant Hardison 252-923-8541 p.2
OF W AT- '� Michael F.Easley,Governor
� H ,QG William G.Ross Jr.,Secretary
�` "�p North Carolina Department of Environment and I lava al Resources
�i
Alan W.Klimek,P.E.Director
Division of Water Quality
September 9, 2005
Mr. Leonard C. Small
Albemarle Beach Farms, Inc.
P.O. Box 148
Edenton, NC 27932
Subject: Stormwater Permit SW7050515
Phelps Farm Bulkheading Project
Washington County
Dear Mr. Small:
The Washington Regional Office received the Stormwater Application for the subject
project on May 17, 2005 and additional information on July 19, 2005. Staff review of the
plans and specifications has determined that the project, as proposed, will comply with
the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding
Permit No. SW7050515 dated September 9, 2005 to Albemarle Beach Farms, Inc. for
grassed buffers to serve the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
27699-5714. Unless such demands are made this permit shall be final and binding.
If you have any questions or need additional information concerning this matter, please
contact me at [phone].
Sincerely,
Roger K. Thorpe
Environmental Engineer
cc: Vyashington County Inspections
V8ryant Hardison, Jr. —Wood Duck Land Surveying
Washington Regional Office
Central Files No e tiCarolina
Viztur�r!!r,f
North Carolina Division of Water Quality Washingtoe Regional Office Phone{252;946-6481 FAX[phone] Customer Service
Intemet h2�.enr.state.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748

Sep 28 05 10:43a Bryant Hardison 252-923-8541 p.3
State Stormwater Management Systems Permit No. SW7050515
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Albemarle Beach Farms, Inc.
Washington County
FOR THE
construction, operation and maintenance of stormwater management systems in
compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred to as the
"stormwater rules') and the approved stormwater management plans and
specifications, and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit for grassed buffers to
serve the proposed bulkheading project located at Phelps Farm off SR 1316 in
Washington County.
The Permit shall- be effective from the date of issuance-until-rescinded and-shall be
subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. The following criteria are approved as meeting the stormwater rules for this
project:
a. The total area for this project is 17.17 acres-
b. There is no proposed impervious area at this time.
C. Total number of lots is 1.
d. Allowable built-upon area must be consistent with proposed plans and
restrictions submitted in the application by the permittee.

Sep 28 05 10:44a Bryant Hardison 252-923-8541 p.4
2. The overall tract built-upon area percentage or lot sizes for the project must be
maintained at levels at least as stringent as the low-density levels specified in the
stormwater rules.
3. The development must demonstrate that no areas within the project site are of
such high density that stormwater runoff threatens water quality.
4. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
5. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) or curb outlet systems as
defined in the stormwater rules and approved by the Division.
6. No piping shall be allowed except:
a. That minimum amount necessary to direct runoff beneath an impervious
surface such as a road.
b. That minimum amount needed under driveways to provide access to lots.
7. Projects covered by this permit will maintain a minimum 30 foot wide vegetative
buffer between all impervious areas and surface waters.
8. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any
vegetative practices (such as swales) shown on the approved plans as part of
the stormwater management system without submitting a revision to the permit
and receiving approval from the Division.
9. Each of the lots in the subdivision will be limited to the amount of built-upon area
indicated in the approved plans and consistent with item 1 above.
10. The permittee is responsible for verifying that the proposed home plans do not
exceed the allowable built-upon area. Once the lot transfer is complete, the
home plan may not be revised without approval from the permittee, and
responsibility for meeting the built-upon area limit is transferred to the individual
homeowner.
11. The Engineer/Owner/Developer/Permittee must certify in writing that the project's
stormwater controls, and impervious surfaces have been constructed within
substantial intent of the approved plans and specifications.
12. Deed restrictions are incorporated into this permit by reference and must be
recorded with the Office of Register of Deeds. A copy of the recorded restrictions
must be received by this Office within 30 days of the date of recording.
Recorded deed restrictions must include, as a minimum, the following statements
related to stormwater mangement:

Sep 28 05 10:44a Bryant Hardison 252-923-8541 p.5
a. A statement of the allowable built-upon area per lot in the following form:
'The allowable built-upon area per tot shall not exceed 0.0 acres; inclusive of that
portion of the right-of-way between the front lot line and the edge of the
pavement, structures, pavement, walkways of brick, stone, slate, not including
wood decking."
b. Items related to stormwater management must remain in the deed
restriction, and this is to be indicated by including the following: "The covenants
pertaining to stormwater regulations may not be changed or deleted without
concurrence of the State."
G. To assure that vegetated conveyances are not piped (in accordance with
item 5) deed restrictions must indicate that:
"Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the development except for average driveway crossings, is
strictly prohibited by any persons."
13. The following items will require a mortification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
C. Transfer of ownership
d. Redesign or addition to the approved amount of built-upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions to the project should
require a modification to the permit.
14. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director-for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
ll. SCHEDULE OF COMPLIANCE
1. The permittee shall comply with the following schedule for construction and
maintenance of the Low Density Option stormwater systems:

Seep 28 05 10:45a Bryant Hardison 252-923-8541 p.6
a. Swales and other vegetated conveyances shall be constructed in their
entirety, vegetated, and be operational for their intended use prior to the
construction of any built-upon surface except roads.
b. During construction, erosion shall be kept to a minimum and any eroded
areas of the swales or other vegetated conveyances will be repaired
immediately.
2. The permittee shall at all times provide the operation and maintenance
necessary to operate the permitted stormwater management systems at optimum
efficiency to include:
a. Inspections
b. Sediment removal
C. Mowing, and revegetating of the side slopes
d. Immediate repair of eroded areas
e. Maintenance of side slopes in accordance with approved plans and
specifications.
3. The permittee shall submit recorded deed restrictions limiting built-upon area per
lot in accordance with Part 1, item 9, within 30 days of the date of recording.
4. The Permittee shall submit the Engineer/Owner/Designer/Permittee Certification
in accordance with Part I, item 12,within 30 days of completion of the project.
5. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or terminated.
3. The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and reissuance, or
termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Title 15A of the North
Carolina Administrative Code, Subchapter 2H.1000, and North Carolina General
Statute 143-215.1 et.al.

Sep 28 05 10:45a Bryant Hardison 252-923-8541 p.7
5. The permittee shall submit to the Director and shall have received approval for
revised plans, specificabons, and calculations prior to construction, for those
revisions under any of the following conditions:
a. Any additions, deletions or redesign of the previously permitted amount of
built-upon area proposed regardless of the size of the moditation.
b. Further subdivision of the project area.
5- The permit is not transferable to any person except after notice to and approval
by the Director. The Director may require modification or revocation and
reissuance of the permit to change the name and incorporate such other
requirements as may be necessary. A formal permit request must be submitted
to the Division of Water Quality accompanied by the appropriate fee,
documentation from both parties involved, and other supporting materials as may
be appropriate. The approval of this request will be considered on its merits, and
may or may not be approved.
7. The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state and federal)which have jurisdiction.
S. All stormwater discharged from this site shall be diffuse flow prior to entering the
Tar-Pamlico riparian buffer.
Permit issued this the 9 th day of September, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Zit .
; ,A an W. Klimek
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number SW7050515

Instructions to Word Processing: This is a card letter 31.
August 17, 2005
Regulatory Division
Action ID No. 200511016
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of Leonard Small for a Department of the Army permit to replace
4,200 linear feet of bulkhead and construct a boat ramp, piers, and groins, on property located off
State Road 1316, adjacent to the Albemarle Sound,near Roper, in Washington County, North
Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans,which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE)prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters,the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE

Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
4. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
5. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
6. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this permit.
7. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
8. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
9. 'Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division,telephone [phone], extension 23.

Sincerely,
Raleigh Bland, P.W.S.
Regulatory Project Manager
Copies Furnished:
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Ronald J. Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Terry Moore, District Manager
Washington Regional Office
North Carolina Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889

MEMORANDUM
TO: Doug Huggett
FROM: Kelly Spivey';;�)eS
THROUGH: Terry Moore Dwm �-
DATE: 28 July 2005
SUBJECT: Application for CAMA Major Permit
Leonard Small
PWps Farm Bulkheading
r
Washington County
C'•,
I have reviewed the application for a CAMA Major Permit submitted to this office
by Mr. Bryant E. Hardison, Jr. on behalf of Mr. Leonard Small for development located
off SR 1316 at Leonard's Point on the south side of the Albemarle Sound near Roper in
Washington County,North Carolina. The applicant is proposing to construct f4,200
linear feet of bulkhead. Additionally,the applicant proposes to install a±12' wide by
±20' long boat ramp with a 25' long wooden groin on each side of the boat ramp. A f3'
wide by±25' long pier will be located on each of the proposed groins. Approximately 60'
of rip rap is proposed to be installed 10' waterward of the proposed bulkhead on the
upstream end.
I have reviewed the proposed project with regard to rules found in Subchapter 7H
concerning development in a Public Trust Area,Coastal Shoreline and Estuarine Waters. If
the project is permitted I recommend the following conditions:
' 1 The bulkhead shall be constructed prior to any backfilling activities.
. 2 The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through
the structure.
3 The alignment of the authorized bulkhead and riprap shall be staked by a surveyor and
approved onsite by the Division of Coastal Management within a maximum of 30 days prior
to the start of construction. Failure to initiate construction within 30 days,or erosion of the
shoreline by adverse weather conditions shall require the alignment to be restaked and
approved by DCM within a maximum of 30 days prior to the new expected start of
construction.
4 All fill material to be placed below normal water level shall be confined behind the permitted
bulkhead.
5 The bulkhead shall be solid and constructed of treated wood,concrete slabs,metal sheet piles
or other suitable materials approved by department personnel. No excavation is permitted
except for that which may be required for the construction of the bulkhead wall, riprap,
deadmen cables, etc. This permit does not authorize any excavation waterward of the
approved alignment.

Mr. Leonard Small
Page 2
6 All backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead.
7 Appropriate sedimentation and erosion control devices, measures or structures shall be
implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses
and property(e.g. silt fence, diversion swales or berms, sand fence, etc.).

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 28, 2005
Albemarle Beach Farms
C/o Mr. Leonard C. Small
P.O. Box 148
Edenton,NC 27932
Dear Mr. Small:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to replace 420OLF of bulkhead, install a 12' x 20' boat ramp, (2) 25'
wooden groins, (2) 3' x 25' piers, install 60LF of rip rap 10' waterward of proposed bulkhead,
and cutting the high ground landward of the proposed bulkhead and using it as fill to be placed
behind the entire length of the bulkhead in Washington County adjacent to Albemarle Sound off
SR 1316 at Leonard's Point, Roper, NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make October 14, 2005 the new deadline for reaching a decision on
your request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact me by phone[phone]) or e-mail ([e-mail]).
Very sincerely,
Dou& V, kW=_
Huggett
Major Permits & Consistency Coordinator
cc: DCM, Morehead City
DCM, Washington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

0Y �Q Michael F.Easley,Governor
Q
w0 G William G.Ross Jr.,Secretary
Cq ' North Carolina Department of Environment and Natural Resources
> DUG ,;
O Alan W.Klimek,P.E.Director
Division of Water Quality
June 22, 2005
Mr. Leonard C. Small
Albemarle Beach Farms, Inc. k
P.O. Box 148 ��(\
Edenton, NC 27932
Subject:Stormwater Review SW7050515
Phelps Farm Bulkheading
Washington County
Dear Mr. Small:
This office received a Coastal Stormwater permit application and plans for the subject project on
May 17, 2005. A preliminary review of your project indicates that before a State Stormwater permit can be
issued the following additional information is needed.
i. Your application indicates that there is no existing impervious area on this site and there
is no impervious area proposed. However, the plan submitted shows an existing road and
a proposed road. Please modify the application to include the amount of existing and
proposed impervious area. Any stormwater treatment or collection system for the road
should be shown on the plans.
2. This project appears to be a development for water front lots. Please advise if this is the
case. If it is and you wish to development it as low density please submit a low density
supplement and show the lots and any stormwater treatment and/or collection system on
the plans.
The above requested information must be received in this office prior to July 22, 2005 or your
application will be returned as incomplete. The return of this project will necessitate resubmittal of all
required items including the application fee. If you need additional time to submit the required information,
please mail or fax your request for time extension to this office at the Letterhead address.
You should also be aware that the Stormwater Rules require that the permit be issued prior to
any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North
Carolina General Statute 143-215.1 and may result in civil penalties of up to$10,000 per day.
If you have questions, please feel free to contact me at(252) 948-3923.
Sincerely,
Roger K.Thorpe
Environmental Engineer
Washington Regional Office
cc: Bryant Hardison, Jr. —Wood Duck Land Surveying
✓Doug Huggett-CAMA one
Washington Regional Office No Can
atirra
North Carolina Division of Water Quality Washington Regional Office Phone[phone] FAX[phone] Customer Service
Internet h2o.enrstate.nc.us 943 Washington Square Mall,Washington,NC 27889 1-877-623-6748
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- �5Eo
n"
State of North Carolina
Department of Environment and Natural Resources
Washington Regional Office
Michael F. Easley,Govemor William G. Ross,Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
May 25, 2005
Albemarle Beach Farms
ATTN: Mr. Leonard C. Small
Post Office Box 148
Edenton, North Carolina 27932
RE: Phelps Farm Bulkheading
Drainage Basin: Pasquotank
Washington County
Dear Sir:
As an agency involved in the Division of Coastal Management's major permit application
review process, we have determined that more than one acre will be disturbed by the activities as
described. Therefore, in addition to a permit from the Division of Coastal Management, an erosion
and sedimentation control plan must be submitted to and approved by this office before development
begins.
The requiring of an erosion and sedimentation control plan is based on a mandatory standard
for land-disturber ag ctivity of the Sedimentation Pollution Control Act of 1973 [NCGS 113A-57(4)
and 113A-54(d)(4)], which states:
No person shall initiate any land-disturbing activity, if at least one acre is to be uncovered,
unless an erosion and sedimentation control plan for the activity is filed with the agency
having jurisdiction and approved.
The plan must be submitted at least thirty(30) days prior to project commencement. The plan
must include, but is not limited to, the following:
1. A scaled plat plan of the site, showing the affected areas as well as adjacent properties
which may be affected. Include contours if available.
2. Indicate critical areas such as wetlands, creeks, streams, drainage ways, marsh, etc.
943 Washington Square Mall,Washington, North Carolina 27889 Telephone [phone],FAX [phone]
An Equal Opportunity Employeer 50%recycled/10%post-consumer paper

Albemarle Beach Farms
ATTN: Mr. Leonard C. Small
May 25, 2005
Page 2
3. Include a brief narrative describing the activities to be undertaken and a construction
schedule.
4. Indicate on the plat the measures to be utilized to prevent sediment from entering
adjacent properties, such as location of silt fences, silt basins, diversion ditches, areas
to be seeded, etc.
5. Include seeding and mulching specifications for both temporary and permanent
stabilization.
6. Include any other pertinent information directed at controlling offsite sedimentation,
slope degradation, and erosion.
Please be advised that the plan will be considered incomplete, and the statutory review period
will not begin,unless a non-refundable plan review processing fee, payable by check or money order
made out to the Department of Environment and Natural Resources, is included. The amount of the
fee is based on$50 for each whole or fractional acre of land to be disturbed (including offsite borrow
or waste areas).
To begin this project without the approval of an erosion/sedimentation control plan will be
considered a violation of the Act and may lead to the assessment of a civil penalty of up to $5000
initially plus $5000 per day for each day the project is deemed in violation.
For your convenience,we are enclosing a guideline for developing a plan. If you should have
any questions, feel free to contact me.
Sincerely,
Patrick H. McClain, P.E.
Regional Engineer
PHM:
Enclosures
cc: Doug Huggett, Division of Coastal Management

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
MEMORANDUM
To: Doug Huggett, Major Permits Processing Coordinator
From: Fred Landa, DCM Washington District Planner
Date: May 25, 2005
Subject: Major Permit Application,Requested by 1.40pard Small, Phelps Farm Bulkheading,
Robbie Hopkins, Agent to replace±4200 linear feet of bulkhead, install±12' by±20'
boat ramp, two (2) 25' long wooden groins, two (2) ±3'. by±25' long piers and install
±60 linear feet of rip rap 10' waterward of proposed bulkhead. The highground
landward of the proposed bulkhead will be cut and used as fill to be placed behind the
entire length of the bulkhead at property located off SR1316 at Leonard's Point
adjacent to and on the south side of Albemarle Sound, near Roper in Washington
County, North Carolina.
LUP Consistency Determination: The proposal is Consistent With &Not In Conflict with
the 1994 Washington County Land Use Plan certified by the CRC on July 29, 1994.
Overview:
Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Water,
Public Trust Area, and [Coastal Shoreline]. The Waters at the project site are classified as SB
and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area.
The Washington County Land Classification Map designates the subject property as `Community
Areas' and the AECs as "Conservation". Development within the designated AECs is limited by
CAMA regulations and development guidelines. Applicable or related policy includes the
following:
"2. Preserve and protect Areas of Environmental Concern (AECs) within Washington
County.
a. Support and complement Coastal Resource commission efforts to protect preserve
and manage Areas of Environmental concern (AECs)."
c. Support development in AECs only if such development meets the management
objectives in 15 [sic] NCAC 7H.0203 and use standards in 15 [sic] NCAC 7H.0208
and.0209" (Resource Protection goals, Objectives and Policies,pg. VIII-6)
Cc: John Thayer, Manager of Planning and Grants
400 Commerce Avenue Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
\\ P.O.Box 1890 6- 7�tl
Wilmington,North Carolina 28402-1890 J ,.s
IN REPLY REFER TO MAY' �005
V ?,DOG Moriane ed Glty ()CM
Regulatory Division
Action ID: Zoo 1 n I Applicant: 40yv d C • � �I i
Waterway:M6W-�Q (DDA�County: Work Type: gi�1
Mr. Ron Sechler Mr. Doug Huggett
National Marine Fisheries Svc,NOAA Division of Coastal Management
Pivers Island NC Department of Environment,Health
Beaufort, NC 28516 and Natural Resources
400 Commerce Avenue
Mr. Pete Benjamin Morehead City, NC 28557-3421
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Service �A
Post Office Box 33726 V(. I vu
Raleigh, North Carolina 27636-3726 WPt4i%�*M Regional Office
Division of Coastal Management
Mr. Ronald J. Mikaluk, Chief NC Department of Environment, Health
Wetlands Section-Region IV and Natulral Ifesources
Water Management Division qql wcLJAN v-t
U.S. Environmental Protection Agency -WCqmI6qy1 t4c,
61 Forsyth Street, SW
Atlanta, Georgia 30303
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps Programmatic Permit
agreement, a State Field Investigation Report is enclosed. Your co,lp�ments and/or
recommendations would be appreciated on or before -Your
Questions or comments may be addressed to Mr. Raleigh Bland,Washington
Regulatory Field Office, telephone [phone], extension 23.
Sincerely,
"4 %V)
Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Enclosure

apt 014141*t
ti
i
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Doug Huggett M Er
� Lryv�� kir
THROUGH: Terry Moore �;�� A/Iofehe�
FROM: Kelly Spivey' M
DATE: 19 May 2005
SUBJECT: Leonard Small, Phelps Farm Bulkheading Major Permit Application
Enclosed is a Major Permit application received from Mr. Leonard Small for development located
off SR 1316 at Leonard's Point on the South side of the Albemarle Sound near Roper in Washington
County, North Carolina. The applicant is proposing to construct±4200 linear feet of bulkhead, ±12'
wide by±20'long boat ramp,2-25'long wooden groins,2-t3'wide by±25' long piers and±60 linear feet
of riprap.
ne
NoOrthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nccoasta[management.nev
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

A
PWft
JUN 2 g 200;
North Carolina Department of Environment and Natural ResourcesJ0 EL,,�*"A A"' T
Division of Coastal Management v�T
Michael F. Easley, Governor Charles S. Jones, Directs' William G. Ross, Jr., Secretary
MEMORANDLI � �
iX
TO: Jim McRi ht �i'1
NCDENR JUL 0 5 2005
Division of Environmental H
rehead citY ��M
FROM: Doug Huggett r) � � n
Major Permits Processing Coordinator
DATE: 19 May 2005 MAY 2 3 2005
SUBJECT: CAMA and Dredge & Fill Application Review
iYAI cn aurrt.Y SLO 1IUN
APPLICANT: Leonard Small, Phelps Farm Bulkheading
Robbie Hopkins, Agent
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace ±4200 linear feet of bulkhead, install
f 12' by ±20' boat ramp, 2- 25' long wooden groins, 2- t3' by ±25'
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed Date one
NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Natltrall f
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

OF WhST4�
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Mr. William McNeil 1
Director
Division of Community Assistance MAY 2 5 2005
FROM: Doug Huggett M01"IDau city dC
Major Permits Processing Coordinator M
DATE: 19 May 2005
SUBJECT: CAMA and Dredge & Fill Application Review
APPLICANT: Leonard Small.,Phelps Farm Bulkheading
Robbie Hopkins,Agent
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace+4200 linear feet of bulkhead, install
f 12' by ±20' boat ramp, 2- 25' long wooden groins, 2- t3' by ±25'
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
his office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed ��` Date S —a f v-S— one
NprthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Natitrally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

°` °sT� Pat McClain for: 01
James Simmons, P.G., P.E.,
Director
Division of Land Resources
North Carolina Department of Environment and Natural resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Mr. Jim D. Simons, P.G.,P.E.
State Geologist& Director MAY 2 7 2005
Division of Land Resources
FROM: Doug Huggett Morehead City DCM
Major Permits Processing Coordinator
DATE: 19 May 2005
SUBJECT: CAMA and Dredge &Fill Application Review
APPLICANT: Leonard Small, Phelps Farm Bulkheading
Robbie Hopkins, Agent
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace±4200 linear feet of bulkhead, install
f 12' by±20' boat ramp, 2- 25' long wooden groins, 2- f3' by ±25'
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
/This office approves of the proposed project only if the recommen ed
changes are incorporated. See attached _ Gtil
This office objects to the proposed project for reasons described in the
attac 4,e6inments.
C
Signed Date �Z S O S'— One
NpfthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Natmrally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

MAY 3 1 2005
Morehead City DU
VI
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Joe Henderson S
NC Department of Administration
State Property Office
M AY 2 3 2005
FROM: Doug Huggett
Major Permits Processing Coordinator DOA c,I rTc. PROPERTY OFF
DATE: 19 May 2005
SUBJECT: CAMA and Dredge &Fill Application Review
APPLICANT: Leonard Small, Phelps Farm Bulkheading
Robbie Hopkins,Agent
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace±4200 linear feet of bulkhead, install
f 12' by±20' boat ramp, 2- 25' long wooden groins, 2- f3' by ±25'
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed lbw Date one
NofthCarolina
a
943 Washington Square Mall,Washington,North Carolina 27889 � aft(rally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

COMM,
MAY 3 1 2005 MAY (0
-2005
23
6 ity D0V-W,,
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
METV,&,ANDUM
TO: NC Department of Cultural Resources
Archives &History Building
9 C, y/0
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 19 May 2005
SUBJECT: CAMA and Dredge &Fill Application Review
APPLICANT: Leonard Small, P4gloAarm Bulkheading
Robbie Hopkins, Agent
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace±4200 linear feet of bulkhead, install
±12' by ±20' boat ramp, 2- 25' long wooden groins, 2- ±3' by ±25'
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed V6 Date 5�ViA 0
One
N6fthCarofina
943 Washington Square Mail,Washington,North Carolina 27889 Natyralltl
Phone:[phone] \ FAX:[phone] \ Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Acton Employer—50%Recycled\10%Post Consumer Paper 44Y 4 605

OF COiS2q�� ( �
North Carolina Department of Environment and Natural Resources
Division of Coastal Management . �heat UAV 1)CM
Michael F. Easley, Governor Charles S. Jones, Director 140- Ililliam G. Ross, Jr., Secretary
MEMORANDUM
TO: Patti Fowler, Shellfish Sanitation Section J�`
NC Division of Environmental Health
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 19 May 2005 ?
SUBJECT: CAMA and Dredge & Fill Application Revie U+
APPLICANT: Le nard Small, Phelps Farm Bulkheading H SAfV/rAr/ON
Roie Hopkins, Agent
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace±4200 linear feet of bulkhead, install
f 12' by ±20' boat ramp, 2- 25' long wooden groins, 2- ±3' by±25'
1735 �
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
Y bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
sti7: ` `'qH SANITATION Sound,near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
/ attached comments.
Signed creme,i�� � Date S-,:yJ j�-
None hCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.netl
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

y 99�COASTq�
s�
a
i
MI A,Y 2 2 2005 North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Sara Winslow for Mr. Preston P. Pate, Jr.
Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 19 May 2005 FMAY
Q
SUBJECT: CAMA and Dredge & Fill Application Review
2 7 �0�5
APPLICANT: Leonard Small, Phelps Farm Bulkheading
Robbie Hopkins, Agent MF-HABITAT
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace±4200 linear feet of bulkhead, install
f 12' by ±20' boat ramp, 2- 25' long wooden groins, 2- f3' by ±25'
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
a ached comments.
S it d Date — 3
None hCarolina
943 Washington Square Mall,Washington,North Carolina 27889 NaA mallty
Phone:[phone] FAX:[phone] Internet:www.nocoastalmanagement.neU
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

OE COtSTq�� ,�
l�
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
TO: Ken Pace
NCDOT J
State Construction/Materials Branch
FROM: Doug Huggett
Major Permits Processing Coordinator
DATE: 19 May 2005
SUBJECT: CAMA and Dredge &Fill Application Review
APPLICANT: Ledfiard'9iff�t ' 'ipV4*,irm Bulkheading
Robbie Hopkins,Agent
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace±4200 linear feet of bulkhead, install
f 12' by ±20' boat ramp, 2- 25' long wooden groins, 2- f3' by±25'
long piers and install ±60 linear feet of rip rap 10' waterward-of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound,near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
X This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed Date co 9 0 S NorthCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Natura!!f
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

oa�F COMTgT4T
a--� Maria Tripp
NC Wildlife Resources Commission
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
MEMORANDUM
./
TO: Maria Tripp t-)� �a �► r�� a
NC Wildlife Resources Commission ,� MAY
RECLVI.'
FROM: Doug Huggett Lsn Habitat
Major Permits Processing Coordinator ConServatiaa
DATE: 19 May 2005 6 8 L g��° -
SUBJECT: CAMA and Dredge&Fill Application Review u 2005
APPLICANT: Leonard Small, Phelps Farm Bulkheading Morehead Lilt �'`-
Robbie Hopkins, Agent y
PROJECT LOCATION: Washington County
PROPOSED PROJECT: Applicant proposes to replace±4200 linear feet of bulkhead, install
t 12' by ±20' boat ramp, 2- 25' long wooden groins, 2- f3' by ±25'
long piers and install ±60 linear feet of rip rap 10' waterward of
proposed bulkhead. The highground landward of the proposed
bulkhead will be cut and used as fill to be placed behind the entire
length of the bulkhead at property located in Washington County,
off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina.
Please indicate below your position or viewpoint on the proposed project and return this form by
9 June 2005. Please contact R. Kelly Spivey, at 252-948-3853, if you have any questions
regarding the proposed project. When appropriate, in depth comments with supporting data are
requested.
REPLY This office has no objection to the project as proposed.
✓/ This office has no comment on the proposed project.
This office approves of the proposed project only if the recommended
changes are incorporated. See attached.
This office objects to the proposed project for reasons described in the
attached comments.
Signed Date 9 2DoS
None hCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Naturall f
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.netl
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DeveiopmentType FEE DCM% DWQ X
143D016014351 DOD931625 6253 430D 1602 4351 DD095 2341)
L Private,non-mmmenzal
development that does not mvolve S250 100°n' (S250)
the filing or e=wafron of any D°6(SO)
wetlands or open water areas
IL Pubac or commercial development
that does not involve the filing or SOD 100%(5400) 07,
a=avafion of arty wettands or open
water areas
Iq, For development that involves the
Ong ardor excavation of up to 1
acre of wetlands and/or open water
areas,detennine EA B.C.or D
below applies
lll(A} For Prrrate,non-commercial
development,If General water Quality S250 100%($250) 0%(SO)
Certification No.3301(see attached)
can be appied:
lll(Bk For pubic or commercial
development,if General water Quality 1 DO°�(5400) 0% SO
Certification No.3301(see attached) ( )
can be applied:
lll(C� If General Water Quality
Ceri fcalion No.3301(see attached)
could be appled,but DCM staff
determined that adddional review and S4DD 60%(S240) 40%(S160)
written DWQ concurrence is needed
because of concems related to water
qualfty or aquatic fife:
lll(D) If General Water Quality
Certification No.3301(see attached} 5400 6C°�b(S240) 40%(5160)
can not be applied:
M For development that involves
I. filing and/or excavation of more ,5 60;;(52P5) 4D%(5190)
than one a=of wetlands and/or
open waterareazz

COAfLQ[
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary
19 May 2005
ROANOKE-BEACON
Post Office Box 726
Plymouth, NC 27962
Attention: Legal Advertising Department
Please include the enclosed Notice of Filing in the Public Notice section of the 25 May 2005 edition
of your newspaper. If it will not be possible to include this notice in that edition, or if you should
have any questions about this notice, please call me as soon as possible at 948-3812.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notices, and an original invoice to:
JAYE POOLE
NCDENR
COASTAL MANAGEMENT DIVISION
1638 MAIL SERVICE CENTER
RALEIGH, NC 27699-1638
Thank you.
Sincerely,
Sandra Gordon
Secretary, Division of Coastal Management
c: Doug Huggett
Original faxed: V - QS
Original mailed: Z One e
NhCarolina
943 Washington Square Mall,Washington,North Carolina 27889 Natltrally
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 11o%Post Consumer Paper

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by
N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental
Concern as designated under the CAMA was received on 17 May 2005. According to the said
application,Leonard Small,Phelps Farm Bulkheading,Applicant,proposes to replace±4200 linear
feet of bulkhead,install f 12'by t20'boat ramp,2-25'long wooden groins,2-±3'by±25'long piers
and install±60 linear feet of rip rap 10'waterward of proposed bulkhead. The highground landward
of the proposed bulkhead will be cut and used as fill to be placed behind the entire length of the
bulkhead, at Washington County, off SR 1316, at Leonard's Point, on the south side of Albemarle
Sound, near Roper,North Carolina. A copy of the entire application maybe examined or copied at
the office of Terry Moore, 943 Washington Square Mall, Washington,NC during normal business
hours.
Comments mailed to CHARLES JONES, DIRECTOR, COASTAL MANAGEMENT DIVISION,
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES,
400 COMMERCE AVENUE, MOREHEAD CITY, NC 28557 prior to 19 June 2005 will be
considered in making the permit decision. Later comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review and comment by the
public and state and federal agencies. Notice of the permit decision in this matter will be provided
upon written request.
Please publish on 25 May 2005 in the ROANOKE BEACON for the NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, COASTAL
MANAGEMENT DIVISION.

s
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S.Jones, Director William G. Ross, Jr., Secretary
19 May 2005
Mr. Leonard Small
Phelps Farm Bulkheading
Post Office Box 148
Edenton,NC 27932
Dear Mr. Small:
The Division of Coastal. Management hereby acknowledges receipt of an application for State
approval for development of property located in Washington County, off SR 1316, at Leonard's
Point, on the south side of Albemarle Sound, near Roper, North Carolina. It was received on 17
May 2005 and appears to be adequate for processing at this time. The projected deadline for making
a decision is 31 July 2005. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those circumstances,
this letter will also serve as your notice of an extended review. However, an additional letter will be
provided on or about the 75th day. Should there be any questions on this procedural change, do not
hesitate to contact me.
N.C.G.S. 113A-119(b) requires that notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be
posted at the property of your proposed development. You should post this notice at a conspicuous
point along the property where; it can be observed from a public road. Some examples would be:
nailing the notice card to a telephone pole or tree along the road right-of-way fronting the property,
or at a point along the road right-of-way where a private road would lead one into the property.
Failure to post this notice could result in an incomplete application.
An onsite inspection will be made and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any questions
and notify me in writing if you wish to receive a copy of my field report and/or comments from
reviewing agencies.
Sincerel ,
R. Kelly Spivey, Field Representative
Division of Coastal Management
Washington Regional Office
ENCLOSURE
c: Doug Huggett
Terry Moore
One
No ethCarolina
943 Washington Square Mall,Washington,North Carolina 2788961tll1Yl��f
Phone:[phone] FAX:[phone] Internet:www.nccoastalmanagement.neV
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

r i41
Nol 1 1
CAMA MIT
APPLIE13 F OR
PROJECT: :' 2100 444­6900�Er AE-48 L,401Mb, A•=1M"- 18X &
- �Z.5�yYooDE,✓G,�i � Z-�x���/�i�.es /��r�� boo�•y�,eF'i D�
�rAvbc 001-C :ia b AeW Ae& C.
SLEGAL UT)CC 25 MAY 2")5
Ej>lT,oN , ir�N0KF_�BEAC_04
COMMENTS ACCEPTED THROUGH �_- /_8 �/yivE"2.00S
APPLICANT- FOR MORE DETAILS CONTACT
THE OCAL PERMIT OFFICER BELOW-
Co&7e_ � I'Ylt�
��/3 Li�,4/h��2s �r.�U��y�✓��'ZT�riD �3 ��
052- 9-��9-3Y$"3

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to
ALBEMARLE BEACH FARM their property is located at
(Name of Property Owner)
LEARY'S BEACH ROAD
(Lot, Block, Road, etc.)
on ALBEMARLE SOUND , in WASHINGTON
(Waterbody) (Town and/or County)
North Carolina.
The applicant has described to me, as shown below, the development proposed
at the above location. I understand that any construction, exchiding bulkheads,
must be set back a minimum distance of fifteen feet (15') from my area of
riparian access unless waived by me.
I have no objection to the project as proposed, but do not
wish to waive the (15') setback requirement.
_ I have no objection to the project as proposed and do wish
to waive the (15') setback requirement.
I object to the project as proposed.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT:
(To be filled in by individual proposing development)
PRINT OR TY 'I: NAM[: S1GN 'I U1L13
TELEPHONE NUMBER DATE

a60618 RGG FIB
PREPARED BY W. L. COOKE, POST OFFICE BOX 9, WIND;,__., NC 27983
WLC/jah STATE OF NORTH CAROLINA
COUNTY OF WASHINGTON
THIS DEED, made this the 28th day of January, ,1988, by and
between Leonard C. Small and wife, Helen Charlotte L. Small, parties of
the first part, and Albemarle Beach Farms, Inc., a corporation organized
under the laws of the State of North Carolina with one of its offices in
Edenton, North Carolina, party of the second part:
WITNESSETH: That for and in consideration of the sum of One
Dollar and other considerations in hand paid by the party of the second
part to the parties of the first part, receipt of which is hereby
acknowledged, the said parties of the first part have bargained, sold
and conveyed and by these presents do bargain, sell and convey unto the
said party of the second part and its successors and assigns, an
one-third undivided interest, in and to the following described land,
to-wit:
That certain tract or parcel of land, situate in Skinnersville
Township, Washington County, North Carolina, and more particularly
described as follows:
Tract No. 1: Bounded on the North by Albemarle Sound; on the
East by the William L. Smith land lately sold to E. 0. Arnold; bounded
on the South by the Friley Norman land, the Green land and the land
belonging to the late E. R. Spruill known as the "Cooper Land;" on the
West by the lane known as the Tar Landing Lane, it being the intention --%
of the above description to include and cover all of that land well
known as the "Home Place" of the late E. R. Spruill and also the land
well known as the "Norman Land" belonging to the late E. R. Spruill at
the time of his death. For further and more complete description of the
said property reference is hereby made to the following deeds of record
in the office of the Register of Deeds of Washington County, North
Carolina: Deed from M. J. Norman, Commissioner, to E. R. Spruill, dated
the 5th day of March, 1894, and recorded in said office in Book 34, page
70; Deed from Charles Latham, Commissioner to E. R. Spruill, dated
December 3, 1888, and recorded in said office in Book CC, page 107.
Excepting and reserving from the above property, however, about one acre
of the "Norman Land" heretofore conveyed to the Trustees of Christ
Church by deed recorded in Book 49, page 275, and about two acres of
said "Norman Land"heretofore conveyed to J. E. Pierce by deed recorded
in Book 104, page 433; also excepting a small tract thereof conveyed by
Pattie Spruill and others to Elwood Norman, by deed recorded in Book
127, page 428.
Tract No. IA: BEGINNING on the State Highway at an iron
marker at the corner of the land of W. T. Phelps and running South 81
degrees 25 minutes East 25.4 chains; thence South 9 degrees 20 minutes
East 2 chains; thence South 70 degrees West 35.81 chains to the Charity
Norman Southeast corner; thence North 9 degrees East 5.2 chains; thence
North 1 degree West 6.3 chains to the State Highway; thence with the
State Highway to the beginning, saving and excepting therefrom two small
tracts of said land heretofore conveyed by E. R. Spruill and wife, one
to Laura Ncraaa by deed recorded in Look 68, page 181, and the other to
Charity Norman by deed recorded in Book 53, page 259, it being well
known as the "Cooper Land" and being the same property described and
referred to in a mortgage deed aforesaid, same having been surveyed W.
W. Ange, Sr.
IITC.9T , COOK[
L suftc.
TORN[Y•AT LAW
MINOnOw, N. C.
t'

BOUKU8 kd' 26.5
The two tracts above described were conveyed to J. C. Leary
and R. W. Leary by a certain warranty deed dated December 9, 1948, and
duly recorded in the office of Register of Deeds, Washington County,
North Carolina, in Deed Book 151, page 561 and is the identical real
property conveyed to R. W. Leary, Jr. by a certain warranty deed dated
February 4, 1971, and duly recorded in said office in Book 229, page
669, and reference is expressly made to said deeds for further
description and chain of title.
Tract No. 2: Bounded on the North by Albemarle Sound; on the
South by the run of a branch; on the West by the run of Chapel Swamp;
and on the East by Tar Landing Lane, containing 124.5 acres, being well
known as "Sound Field" and being the same land designated as Lot No. 1
on a map made by W. W. Ange, Jr., Surveyor, which said map is recorded
in the Register of Deeds office in Washington County, North Carolina, in
Map Book 1 & 3, page 63, and also Map Book 4, page 18, and being the
.identical real property conveyed to J. Clarence Leary and R. W. Leary,
Jr. by a certain warranty deed from Joe H. Pritchard, dated March 11,
1950, and recorded in said office in Deed Book 156, page 414, and
reference is expressly made to said maps and deed for further
description and chain of title.
Tract No. 3: Beginning on the East side of Tar Landing Lane
at an iron marker approximately 70 yards from Albemarle Sound, and
running thence northwestwardly along said Tar Landing Lane to said
Sound; thence northeastwardly along said sound shore 140 yards to the
corner of the property owned by J. Clarence Leary and R. W. Leary, Jr.;
thence running southeastwardly along the line of said Learys 70 yards to
another corner of the Leary property; thence southwestwardly 140 yards
along the line of the said Learys and substantially parallel to
Albemarle Sound Shore to the beginning, containing 2 acres, and being
the identical real property conveyed to J. Clarence Leary and R. W.
Leary, Jr. , by a certain warranty deed dated September 14, 1950, and
duly recorded in the office of Register of Deeds, Washington County,
North Carolina, in Deed Book 156, page 622, and reference is expressly
made thereto for further description and chain of title.
Tract No. 4: Beginning at a gum stump, which said stump is
located at the southeast corner of the cleared land now owned by J. C.
Leary and R. W. Leary, Jr. and formerly known as the Cooper Tract and
running thence from said beginning point North 61 degrees East 1016 feet
to a marked pine; thence North 75 degrees East 528 feet to a marked gum;
thence South 78 degrees East 318 feet to a marked pine, a corner of
Harry Arnold; thence South 20 degrees West 69 feet to a blazed gum;
thence South 43 degrees West along the center of the ditch 619 feet to a
stake; thence along the center of the ditch South 54 degrees East 300
feet to a stake; thence South 27 degrees East 581 feet to a marked
lightwood pine stump; thence South 69 degrees West 1272 feet to a marked
gum; thence North along the center of a ditch North 4 degrees West 922
feet to a stake; thence along the center of a ditch, South 71 degrees 30
minutes West 479 feet to a marked oak; thence North 15 degrees West 200
feet to a marked oak; thence North 8 degrees West 155 feet to the gum
stump, the point of beginning, containing 38.0 acres. This is the
identical real property conveyed to J. Clarence Leary and R. W. Leary,
Jr. by a certain warranty deed dated January 7, 1957, and duly recorded
in the office of Register of Deeds, Washington County, North Carolina,
in Deed Book 182, page 634, and reference is expressly made to said deed
for further description and chain of title.
Tract No. 5: A certain tract or parcel of land, containing
two acres, bounded by Tar Landing Lane and Albemarle Sound, and is shown
on a map recorded in Map Book 1 and 3, page 63, and Map Book 4, page 18,
in the office of Register of Deeds, Washington County, North Carolina,
and is marked on the said map as the property of Mary Pharr and said map
is hereby referred to for purposes of description. Reference is
especially made to deed from Joe H. Pritchard anti others to J.
Clarence Leary and R. W. Leary, Jr. , dated March 11, 1950, and recorded
in said office in Book 156, page 414, and being the identical real
property conveyed to J. Clarence Leary and R. W. Leary, Jr. by a certain
quitclaim deed, dated September 18, 1968, and duly recorded in said
"""`"`^• cDQ" office in Deed Book 222, page 174, and reference is expressly made to
a 8U^C..
♦rron"aye^T L.w said deed for further description and chain of title.
wt..oson. N. c.
2

Bou318 Pad 266
EXCLUDED FROM THIS CONVEYANCE, HOWEVER, is that portion of one
or more of the hereinabove described tracts which was previously sold
and conveyed J. Clarence Leary and R. W. Leary, Jr. to E. 0. Arnold by
deed dated March 15, 1965, and now duly recorded in the office of
Register of Deeds, Washington County, North Carolina, in Deed Book 203,
page 232.
The above tracts of real property were conveyed to R. W.
Leary, Jr. by a certain warranty deed dated February 4, 1971, and duly
recorded in the office of Register of Deeds, Washington County, North
Carolina, in Book No. 229, page . 669, and reference is expressly made
thereto for further description and chain of title.
The above lands are the same lands conveyed to Helen Charlotte
Leary Small and others by deed recorded in Book 233, page 614,
Washington County Public Registry, subject however to the lots sold from
said land by R. W. Leary, Jr. pursuant to a Power of Attorney, including
but not limited to, deeds to Jimmy S. Davenport and wife, Deborah
Devenport; two lots to Ted Hill; two lots to Adrain J. Smith, Jr.; one
lot to Harold E. Sayles, Jr. and wife, Shirley R. Sayles; one lot to
Henry L. Livermon, Jr.; one lot to Henry L. Freeman and wife, Dora W.
Freeman, one lot to Philip W. Winslow and wife, Janice F. Winslow; one
lot to Adrain E. Smith, Jr.; one lot to Mitchell Norton; one lot to
Charles Haughf and wife, Linda Haughf and one lot to Douglas R.
Davenport and wife, Evelyn M. Davenport.
TO HAVE AND TO HOLD the aforesaid lands with all rights and
privileges thereunto belonging or in anywise appertaining unto the said
party of the second part and its successors and assigns, a one-third
undivided interest, in fee simple forever.
And the said parties of the first part for themselves, their
heirs and personal representatives covenant to and with the said party
of the second part and its successors and assigns, that they are seized of said lands in fee simple and have a good right to convey the same in
fee simple; that the said lands are free and clear of all encumbrances,
SAVE AND EXCEPTING rights of ways for highways and public utilities and
advalorem taxes for the year 1988 and subsequent years, and that they
will forever warrant and defend the title to the same against the lawful
claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals, this the day and year first above
written. /
Leonard C. Small
A6,L, IIIJSEAL)
Helen Charlotte L. Smal
ITC..19". COOK[
a sunc"
TOAN[T/AT LAW
3 e