77-24 Fulbright, Nicholas & Middle Point at Sloop Point Assoc.

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,V r r mit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
77-24
Issued to Nicholas Fulbright, 714 Hughes Rd. Hampstead, NC 28443, Middle Point at Sloop Point Association, PO Box 579, Hampstead, NC 28443
Authorizing development in Pender County at adj. to a man made canal off AIWW, at 224 Hickory Point
Extension , as requested in the permittee's application dated on 2/20/24 (MP-1, MP-2, MP-4), including
attached workplan drawings (13), Sheet 1-12 of 12 dated 5/24/24.
This permit, issued on July 19, 2024 , 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.
Maintenance Excavation — Access Channel/Upland Basin
1) No excavation shall take place outside of the area indicated on the workplan drawings. [07H
.0208(b)(1)]
2) Excavation shall not exceed -6 feet below the normal low water level in the access channel and -5.5
feet below the normal water level in the upland basin. In no case shall the depth of excavation exceed
the depth of connecting waters. [07H .0208(b)(1)]
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized. [07H .0208(b)(1)(B); 07H .0208(b)(1)(C)]
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
July 19, 2029
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Tancred Miller, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Nicholas Fulbright and Middle Point at Sloop Point Association Permit No. 77-24
Page 2 of 6
ADDITIONAL CONDITIONS
4) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the excavation area indicated on the workplan drawing(s). [07H
.0208(b)(1)(B); 07H .0208(b)(1)(C)]
5) The authorized project has an existing dredge footprint located within a primary nursery area (PNA) and
Coastal Wetlands. The permittee shall align the box cut to remain within the existing dredge footprint,
as depicted in the above attached workplan drawings. [07H .0208(b)(1)]
Maintenance Clause 107J .04071
6) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Dredge Material Disposal
7) No dredge material shall be placed within 30 feet of the normal high-water line, except that which will
be used to backfill the area behind the permitted bulkhead, once properly dried. [07H .0209 (d)(10)(G),
0711 .0208(b)(1)(B)]
8) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized. [07H. 0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208(b)(2)(A)]
9) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All
remaining backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead. [07H .0208(a)(2)(B) and (D); 07H .0209(d)(4)]
10) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities. [07H .0208(b)(1); 07H
.0208(b)(2)]
11) Because the dredge material is being removed from an area that is closed to the taking of shellfish,
discharges from the dewatering of dredge materials near any swimming areas between April 1 and
October 31, or any area that is open to shellfishing, may require a swimming advisory to be posted or a
shellfish closure to occur. The permittee shall contact the Division of Marine Fisheries — Shellfish
Sanitation and Recreational Water Quality Section [phone] prior to dredging any activity for this
determination. [07H .0209(d)]

Nicholas Fulbright and Middle Point at Sloop Point Association Permit No. 77-24
Page 3 of 6
ADDITIONAL CONDITIONS
Shoreline Stabilization — Bulkhead and Rip Rau
12) The bulkhead and riprap placements shall be constructed in accordance with the alignment depicted on
the attached workplan drawings. [07H .0208(b)(7)(D)]
13) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead and riprap alignments. [0711 .0208(b)(7)(B); 07H .0205(d)]
14) The alignments of the authorized bulkhead and rip rap shall be staked by the permittee and verified by a
representative of 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 re -staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction. [G.S. 113-229(cl)]
15) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel. [07H .0209(d)(4)]
16) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209
(d)(4)]
17) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)]
18) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A);
07H .0209(d)(3)]
19) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead. [0711 .0208(b)(7)(C)]
20) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead. [07H.0209 (d)(10)]
21) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)]
Upland Development — Rip Rap
22) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the rip rap structure, all as
expressly and specifically set forth in the attached permit application and workplan drawings. [07J
.0202(c); 07H .0209(d)
23) No vegetated wetlands shall be filled, even temporarily. [07H .0205(d)]

Nicholas Fulbright and Middle Point at Sloop Point Association Permit No. 77-24
Page 4 of 6
ADDITIONAL CONDITIONS
Marsh Sill
24) The permitted sill shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or other
suitable materials approved by Department personnel. [07H .0207(d)]
25) No backfill of the sill is authorized by this permit. [07H .0207(d)]
26) Perpendicular sections, return walls or sections which would enclose estuarine waters or public trust
areas shall not be allowed under this permit. [07H .0207(d)]
27) The alignment of the sill shall not exceed the alignment as depicted in the attached permit application and
workplan drawings. [07J .0202(c)]
28) The height of the permitted breakwater shall not exceed twelve (12) inches above the normal low water
level. [071-1 .0208(a)(2); G.S. 113-229(e)]
Docking Facility
29) This permit authorizes only the access walkway./pier, davit jet ski lift, boat lift, 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 docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification. [07J .0202(c); 07H .0208(a)(1)]
30) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure. [07H .0208(a)(2)(B)]
31) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking. [07H .0208(b)(6)(C)]
32) The permittee shall install and maintain at their expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather. [07H .0208(a)(2)(G); 07J .0209(a); G.S. 113-229(a)]
33) This permit authorizes 2 additional formalized boat slips for a maximum of 3 formalized boat slips at
this docking facility. [07J .0202(c)]
34) 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. [07H .0208(a)(2)(G)]

Nicholas Fulbright and Middle Point at Sloop Point Association Permit No. 77-24
Page 5 of 6
ADDITIONAL CONDITIONS
35) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings. [07H
.0208(a)(2)(G)]
USACE Conditions fG.S. 113A-107, G.S. 113-229(e))
36) In order to protect the endangered West Indian manatee (Trichechus manatus) the Permittee shall
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http:: `www.fws. ov nc-
esimammal/manatee guidelines.pdf.
Sedimentation and Erosion Control
37) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
38) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. [07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208]
39) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed
immediately landward of the bulkhead cap immediately following completion of backfilling activities.
[07H .0209(d)(3)]
General
40) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. [07H .0208(a)(2)(B)]
41) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management. [07J .0406(b)]
42) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location. [07J
.0209(a); G.S 113A-120(b)]
43) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J .0209(a)]
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

Nicholas Fulbright and Middle Point at Sloop Point Association Permit No. 77-24
Page 6 of 6
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 35 and
Regional General Permit 56 (Action ID SAW-2024-00784; SAW-1997-01275).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 6788 and assigned the project DWR Project No. 20240304.
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 high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.