171-03 Fleming, Doris

Permit Class Permit Number
NEW 171-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal.Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 -
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Doris Fleming,PO Box 592,Hatteras,NC 27943
Authorizing development in Dare County at adi. Pamlico Sound,Lot 434, Treasure Ct.,
Brigands Bay S/D. Frisco , as requested in the permittee's application dated 7/29/03 (NIP-1) &7/30/03
(MP-2), including attached workplan drawing (1), dated 7/22/03.
This permit,issued on November 20,2003 , 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.
Shoreline Stabilization
1) The alignment of the permitted bulkhead will not extend waterward more than 2 feet from the existing
bulkhead at any point along its alignment.
2) The alignment of the permitted bulkhead must be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of any construction. Failure to initiate
construction within 30-days, or erosion,of the shoreline by adverse weather conditions,.•will require the
alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of
construction.
3) The bulkhead must be constructed prior to any backfilling activities.
(See attached sheets for Additional Conditions)
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
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered Donna D. Moffitt,Director
hereunder requires further Division approval. Division Of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31,2006
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

Doris Fleming Permit#171-03
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Quality,has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 031139), which was issued on 10/6/03.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200310919.

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
November 20,2003
Ms. Doris Fleming
P.O.Box 592
Hatteras,NC 27943
Dear Ms.Fleming:
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. The original (buff-colored form) is retained by you
and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and
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.
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 pen-nit carefully prior to starting work and review all project plans, as approved. If you are having the work
done by a contractor,it would be 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,
Al�
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper

.i4
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Doris Fleming
2 LOCATION OF PROJECT SITE: Lot 434, 50178 Treasure Court,.Brigands Bay Subdivision,
Frisco, Dare County, Pamlico Sound
Photo Index - 2000: 173-2024, R-10; 1995: 172-1763, J-11; Photo Index : 5770 & 5771
State Plane Coordinates, X: 3015800;Y: 568000 GPS C081314A
3. INVESTIGATION TYPE: CAMA/D & F
4. INVESTIGATIVE PROCEDURE:. Dates of Site Visit- August 8, 2003
Was Applicant Present - yes
5.PROCESSING PROCEDURE: Application Received Complete - .August 4, 2003;
Office - Elizabeth City
6. SITE DESCRIPTION.-
(A) Local Land Use Plan - Dare County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: Public Trust Area, Estuarine Waters, Estuarine Shoreline, Coastal Wetlands
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - septic tank; Planned - none
(F) Type of Structures: Existing = Single family residence & bulkhead
Planned-replacement of 70-ft of bulkhead
(G) Estimated Annual Rate of Erosion: none however, bulkhead is on verge of collapse
Source.- Applicant's agent &visual from site inspection
7. HABITAT IMPACT DESCRIPTION [AREA]:
EXCAVATED FILLED(&/or GRADED) SHADING
(A) Coastal Wetlands
(B) Estuarine Waters 700 sf(0.016A)
(C) Upland / Coastal Shoreline 350 sf (0.008 A)*
(D) Total Area Disturbed: 1,050 sf (0.024 A)
(E) Primary Nursery Area: No
(F) Water Classification: SA; Open: no
8.PROJECT SUMMARY: This project involves the replacement of an existing bulkhead structure along the
shoreline of the Pamlico Sound where the existing bulkhead structure is in imminent danger of collapse
and the existing residence is within 12 feet of the shoreline. The property is located in Brigands Bay
Subdivision, Frisco, Dare County.

Doris Fleming, Dare County
FIELD INVESTIGATION REPORT Page 3
Anticipated Impacts
The proposed bulkhead alignment will result in the filling of approximately 700-sf of Estuarine
Waters. The bulkhead structure, associated backfill, and grading activity associated with the
bulkhead installation will result in approximately 1,050-sf of land disturbance within the Coastal
Shoreline buffer.
The proposed shoreline stabilization and filling activity will result in an increase in turbidity
levels, at least temporarily during construction, along this shoreline. The existing residence is an
average of 12-ft from the shoreline, and is considered to be in danger from the possible collapse of
the existing bulkhead structure. The proposed bulkhead and associated filling activity will increase
this distance in most areas to a distance greater than 20-ft from the NWL, and will add protection
to both the residence and the shoreline property. The proposed alignment, I believe is warranted
and I believe consistent with or rules concerning bulkhead alignments beyond the normal water
level. Once the bulkhead has been constructed and the backfill area has been vegetated and
stabilized, turbidity that might have been associated with the erosion of this shoreline area may be
reduced.
The proposed bulkhead structure will not interfere with any adjacent riparian access or navigation
concerns associated with the use of these waters. No other development located within any
Estuarine Shoreline, Estuarine Waters, or Public Trust Areas are proposed in this permit
application.
An inspection of mapping data on cultural resources revealed that several archaeological, or
cultural resource findings had been recorded on the available maps in the vicinity of this project.
A review of archaeological site data for this portion of Hatteras Island indicates that there are
several cultural resource sites in the immediate vicinity of Brigands Bay Subdivision, and are
identified near or perhaps, on this property. It is important to note that these maps have not been
updated in at least 10 years, and Hatteras Island has a rich heritage in cultural resources. The
discovery of additional cultural or historical resources is possible.
Submitted by: Dennis W. Hawthorn
Date: September 2003
j

Form DCM-MP-1
w APPLI ' TI ITT
(To be completed by all applicants)
b. City, town, community or landmark
1. APPLICANT
c. Street address or second road number
_ 5D17P T�E4S[��Gr. _
a. Landowner:
1�DRIS' �L 1/rU6 d. Is proposed work within city limits or planning
Name jurisdiction? ✓ Yes No.
Address PDT ID� .552 e. Name of body of water nearest project (e.g. river,
City H2TTFR4S State
NC creek, sound, bay) Pa�LfL/L'Q -yXJ,Ud
zip 2MY Day Phone \
3. DESCRIPTION AND PLANNED USE
Fax OF PROPOSED PROJECT
b. Authorized Agent:
Name 6dRY PRIG a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address P671BOX 5-9/
City AYLOVV State Af
Zip 27��.� Day Phone ZSZ-99S-�4�1�5 b, Is the proposed activity maintenance of an existing
project, new work, or both? M,61N7F—iUaNC6'
Fax 15Z-99S-SSBD
c. Will the project be for.public, private or commercial
lV/d use?
c. Project name (if any) -
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
' project. If more space is needed, please attach
N07E: Pn,►al will be issued in narru oJlandowner(s), and/or additional pages.
projccr name. M . /04/ L'UU . —b>;LDDD-,e STDZYI
• �YIEC�1.4i(/lG4L �ti1Q�flU,f1 L !_.,d BU2
2. LOCATION OF PROPOSED
PROJECT -
a. County U�R� ni it T,! 7r;
COASTAL MANAGP-MEN,
ELi_AB4TH CITY
P<4r.,+ nvas

i
Form DCh1-h1[P-1
site. Include highway _ or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
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 this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts .as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained iri 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 proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name J09N T. KYL.e I certify that I am authorized to grant, and do in fact,
Address P0.BOX 56(0 grant permission to representatives of state and federal
Phone ELIXM
Ab Ain Z`)9•ZD review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address 2037 DR. project,
Phone T1L1L e1A1/,A1n Z7G1 S
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
_ ,
• A list of previous state or federal permits issued for This is the � day of `W ZeZ3
work on the project tract. Include permit numbers, Print Name G4.KY 7'2iCE
permitte-e, and issuing dates.
PERMIT N• 2UOZ—/176 Signature
Lm%downer ✓ whorized Agent
PER/N/T #3 2 793 4
• A check for $250 made payable to the Department of Please indicate attachments pertaining to your proposed
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
DCM W-4 Structures Information
• A signed AEC hazard notice for projects in
DCM MP-5 Bridges and Culvert_
oceanfront and inlet areas. DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE: Please sign and date each artachm.ew in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
PX­
funds or use *of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act. Mr
AUG
CGAST"' CITY t,nAIvC� Nl'
C1TY
ReYised 03/95

Form DCM-MEP-2
e. Does the disposal area include any coastal wetlands if yes,
(marsh), SAVs or other wetlands? (1) Amount of material to be placed in the
Yes No water
(2) Dimensions of fill area
f. Does the disposal include any area in the water? (3) Purpose of fill
Yes No
b. Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands?
I Yes No
If yes, of fill area
a. T f horeline stabilization (1) Dimensions
Bulkhead _ Riprap (2) Purpose of fill
b. Length
c. Average distance waterward of MHW or NWL
5. GENERAL
d. Maximum distance waterward of MHW or NWL
Y
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled? -07-6- P"dSJ
(Source of information)
f. Type of bulkhead or riprap material b. What type of construction equipment will be used
WOOD (for example, dragline, backhoe, or hydraulic
9. Amount of fill in cubic yards to be placed below dredge)?
water level DUMP'I Pe
(1) Riprap --------
(2) Bulkhead backfift — 52 c. Will wetlands be cr3ssed in transporting equipment
h.— Type of fill material AND to project site? — Yes t,-` No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material LbOKIJ910 4cF51Y
DDRI-5 D.4. OTHER FILL ACTIVITIES /V/A
Applicant or Project Name
(Excluding Shoreline Stabilization)
Signature
a. Will fill material be brought to site?
Yes No Date
Revised 03/95

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Doris Fleming County: Dare
LOCATION OF PROJECT: Lot 434, 50178 Treasure Court,Brigands Bay Subdivision, Frisco,Pamlico
Sound
DATE APPLICATION RECEIVED COMPLETE BY FIELD: August 4, 2003 VED„■�
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No . SEP 9 2003
CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES aW.()FC0A8rrALMRWA6
FIELD REPRESENTATIVE: Dennis Hawthorn DISTRICT OFFICE: Elizabeth City We"
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ f OU
PUBLIC NOTICE REC'D: END OF NOTICE DATE:
ADJ. RIP. PROP NOTICES REC'D: / DEED REC'D: t",
APPLICATION ASSIGNED TO: ON: 9./h Z03
C) 75 DAY DEADLINE: a/d3 150 DAY DEADLINE:
MAIL OUT DATE: �► 1 W STATE DUE DATE: .
FEDERAL DUE DATE: FED COMMENTS REC'D: gerb cj 11/t i/ 3
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Yin YI of
Coastal Management-Regional Representative l j(j�
Coastal Management- LUP Consistency 1cl3 ✓
Division of Community Assistance ►g l�3 /
Land Quality Section cl/n 3
Division of Water Quality'X� v3 \t 31' 1 o/q jd 3 ✓ A-o 1
Storm Water Management(DWQ) ✓ X 6wip}"
State Property Office t o -7 J g
Division of Archives&History g yt/03
Division of Environmental Health 1 o 12 ,/
Division of Highways to, A t/0-
Wildlife Resources Commission 1p 4,10
Division. of Water Resources I u/-o/J3
Division of Marine Fisheries
Submerged Lands (DM)F) Ell

Permit#
DCM Coordinator: >/S'
MAILING DISTRIBUTION:
Permitee: f� r i s' ire irte�
Agent: ex ,/�`i G c�
DCM Field Offices:
Elizabeth City
Morehead City
WaswngwIL
Wffnftgtan
US Army Corps of Engineers(USACE):
Washington: )
B' OT)
Raleigh Bland
Wilming e Ti! py� T)
is r
Others:
Cultural Resources: Renee Gledhill-Early
Environmental Health: Beverly Sanders
Marine Fisheries: Mike Street
NCDOT: Roberto Canales
Shellfish Sanitation: Patti Fowler
State Property Office: Joseph Henderson
Water Quality: John Dorney
John Hennessy (N-2PQZ4
Water Resources: John Sutherland
Wildlife Resources: David McHenry
Bennet w
Tr-avis-� CDOT)
FAXING DISTRIBUTION:
Agent at
g
DCM Field Offices:
Elizabeth City
Morehead City
US Army Corps of Engineers (USAGE):
Washington: N Bell4 T r)n'Q
Blu Liuui..�me
Raleigh Bland
WilmlYrZ . ave Ti OT)
my ker
Updated as 2/28/03

Instructions to Word Processing: This is a card letter 31.
November 24, 2003
Regulatory Division
t�
,Action ID No. 200310919
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of:Environment
And Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
Reference the application of Doris Fleming for a Department of the Army permit to replace
an existing bulkhead, on property located at Lot 434 Treasure Court,in the Brigands Bay
Subdivision, adjacent to the Pamlico Sound, in Frisco, Dare 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. The bulkhead will not be positioned farther waterward than 2 feet from the existing
bulkhead alignment.
2. All backfill materials will be obtained from a highground source and confined landward
of the permitted bulkhead.
3. The temporary placement or double handling of excavated or fill materials within waters
or vegetated wetlands are not authorized.
Y
4. The fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials, or unsightly debris will not be used.
Questions or comments may be addressed to Mr. Raleigh Bland,Washington Field Office,

J�
North Carolina Division of Coastal Management
1367 US 17 South
Elizabeth City, North Carolina 27909

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
October 20, 2003
Doris Fleming , -
PO Box 592
Hatteras, NC 27943
Dear Ms. Fleming:
This letter is with reference to your application for a Coastal Area Management Act
Major Development and state dredge and fill permit to replace an existing bulkhead on your
property at 50178 Treasure Court, Brigands Bay Subdivision in Frisco, Dare County, 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 January 1, 2004 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 this office.
Very sincerely,
Jeff Schaffer
Asst. Major Permits/Consistency Coordinator
cc: Dennis Hawthorn—DCM, Elizabeth City
DCM, Morehead City
Gary Price,PO Box 591, Avon,NC 27915
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Michael F.Easley,Governor
William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P.E.,Director
Division of Water Quality
Coleen H.Sullins,Deputy Director
Division of Water Quality
October 6,2003
DWQ#03-1139
Dare County
Deris� ":Fle nml g
P.O. Box 592
Hatteras, NC,27943
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Ms. Fleming:
You have our approval,in accordance with the attached conditions,to place fill in 0.016 acre of estuarine waters in order to
replace an existing bulkhead on the Pamlico Sound at Lot 434 of the Brigands Bay Subdivision in Dare County, as described in your
application received by the Division of Water Quality on September 10,2003. After reviewing your application,we have determined that
this fill is covered by General Water Quality Certification Number 3400,which can be downloaded from our web site at
http:Hh2o.enr.state.nc.us/ncwetlands-. This Certification allows you to use your CAMA Permit when issued by the NC Division of Coastal
Management. In addition,you should get any other federal,state or local permits before you go ahead with your project including(but not
limited to)Sediment and Erosion Control, Non-Discharge,Water Supply Watershed and U.S.Coast Guard regulations. Also this approval
will expire when the accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project, you
must notify us in writing and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project(now or in the future)exceed one acre,compensatory mitigation may be required as described in 15A NCAC
2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional
conditions listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed;
If you do not accept any of the conditions of this certification,you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing,send a written petition conforming to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings,6714 Mail Service Center, Raleigh, N.C.27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions,please telephone Tom Steffens in our Washington Regional Office at(252)946-6481 or Cyndi Karoly in our Central Office in
Raleigh at(919)733-9721.
Sincerely,
Alan W.Klimek, P.E.
AW K/cbk
Attachments \�
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Central Files
File Copy
Doug Huggett, DCM
Gary Price, P.O. Box 591,Avon, NC,27915
031139
N.C.Division of Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center,Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd.,Raleigh,NC 27604-2260(Location)
[phone](phone),919-733-6893(fax),(http://h2o.enr.state.nc.us/ncwetiands)
Customer Service#: 1-877-623-6748

A&C
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries Preston P. Pate Jr.,Director
William G. Ross Jr., Secretary
MEMORANDUM:
TO: Doug Huggett, DCM Major Permits Processing Coordinator
THROUGH: Mike Street, Chief Habitat Section
FROM: Sara E. Winslow, Northern District Manager
o'
SUBJECT: Doris Fleming Proposal SEP 2 9 ,1,�'.3 i,. Q ' '
� � .
a i"
DATE: September 19, 2003
The NC Division of Marine Fisheries submits the following comments pursuant to
General Statute 113-131.
Pamlico Sound functions as a nursery area for spot, croaker, weakfish, red drum,
spotted seatrout, flounder, blue crabs and other commercially and recreationally
important species.
The proposal is to construct a new 70 ft wooden bulkhead and 15 ft long return
walls. The average distance of the proposed bulkhead is 10 ft waterward of the existing
bulkhead.
The property Js currently bulkheaded and the adjacent properties are also
bulkheaded; all in a straight alignment. The applicants bulkhead structure is still intact
and has not failed but most of the tiebacks are failing and the.backfill washing out.
The Division objects to this project as proposed due to the loss of 700 sq ft of
shallow water habitat. Approval of this proposal will establish precedence as well.
Since a current bulkhead alignment exists and currently the bulkhead has not failed,
what would stop the adjacent property owners from proposing to move their bulkheads
further offshore and result in the loss of additional shallow water habitat.
The agency approves of a new bulkhead being constructed waterward (2 ft) of
the existing bulkhead.
1367 US 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet:www.ncdmf.net

�F� p 2 '2003
aMOROAK
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September.12,2003
Iman- M-5—
MEMORANDUM - MM'��
TO: Ms. Renee Gledhill-Early,Director '8EP 15 a^nl A lQ 1�►`
Division of Cultural Resources ql wllpj
Archives &History Building HISTCOC 11REBER\/AIjC)N 0FFICE
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: DORIS-FLEMING
PROJECT LOCATION: LOT 434, 50178 TREASURE COURT, BRIGANDS BAY
SUBDIVISION, FRISCO, DARE COUNTY, PAMLICO SOUND.
PROPOSED PROJECT: REPLACE EXISTINIG BULHEAD STRUCTRUCE ALONG THE
SHORELINE OF THE PAMLICO SOUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
/ This agency has no objection to the project as proposed.
V This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us ��
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper I E P 1.

NCDENR ED.
� �- a 2 200- cb
North Carolina Department of Environment and Natural Resources yyOCOASTALMOOEMEF,
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003
MEMORANDUM
TO: Mike Kelly, Acting Director , ,
Division of Environmental Health tl SEP 2 2 2003
FROM: Doug Huggett L _ 1
Major Permits rrocessing Coordinator SHEi_t_FI�HSANITATIoo�I r
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: DORIS FLEMING
PROJECT LOCATION: LOT 434, 50178 TREASURE COURT, BRIGANDS BAY
SUBDIVISION, FRISCO, DARE COUNTY, PAMLICO SOUND.
PROPOSED PROJECT: REPLACE EXISTINIG BULHEAD STRUCTRUCE ALONG THE
SHORELINE OF THE PAMLICO SOUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
/ This agency has no objection to the project as proposed.
v This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNE G//�/� (L� DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
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�o
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003
MEMORANDUM
TO: David McHenry
Wildlife Resources Commission
ATTN: Habitat Conservation Program
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: DORIS FLEMING
PROJECT LOCATION: LOT 434, 50178 TREASURE COURT, BRIGANDS BAY
SUBDIVISION,FRISCO,DARE COUNTY,PAMLICO SOUND.
PROPOSED PROJECT: REPLACE EXISTINIG BULHEAD STRUCTRUCE ALONG THE
SHORELINE OF THE PAMLICO SOUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
✓This agency has no comment on the proposed project.
This agenc roves of the project, only if the recommended changes are incorporated.
T s agency obK cts to the pr ject for reasons described in the attached comments.
SI ED DATE A9 3r U 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
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RECEIVED
NCDENR SEP 1 5 2003
North Carolina Department of Environment and Natural Resources
Division of Coastal Management State Property Office
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003
MEMORANDUM
TO: Mr. Joseph H. Henderson,Director
iJ'�if it
State Property Office OCT 0 7 2003
Department of Administration
-)N OFCOA%Avr,.qAOERfrir
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: DORIS TFL'E7VIING
PROJECT LOCATION: LOT 434, 50178 TREASURE COURT, BRIGANDS BAY
SUBDIVISION, FRISCO, DARE COUNTY, PAMLICO SOUND.
PROPOSED PROJECT: REPLACE EXISTINIG BULHEAD STRUCTRUCE ALONG THE
SHORELINE OF THE PAMLICO SOUND.
Please indicate below your agency's position or viewpoint-on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
y This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to project for reasons described in the attached comments.
SIGNEDA�1�1 —DATE D Z 3
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: http://dcm2.enr,state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 12,2003 !II EF_
� U
I
SEP 2 5 2003
MEMORANDUM ;I�
u
TO: Mr. Roberto Canales %- 8 G')
State Construction/Materials Branch
Division of Highways
FROM: Doug Huggett
Major Permits Processing Coordinator
OCT 14 2003
SUBJECT: CAMA PERMIT APPLICATION REVIEW l
��QQ���AI�ppX'1 n?�9a g6AQPAI9,ro,n,�Rr
APPLICANT: DORIS-FLEMING
PROJECT LOCATION: LOT 434, 50178 TREASURE COURT, BRIGANDS BAY
SUBDIVISION, FRISCO, DARE COUNTY, PAMLICO SOUND.
PROPOSED PROJECT: REPLACE EXISTINIG BULHEAD STRUCTRUCE ALONG THE
SHORELINE OF THE PAMLICO SOUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLYZ�(
l�
This agency has no objection to the project as proposed. 'L�
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED 0" DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
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NCDENR CEP 15 2003
North Carolina Department of Environment and Natural Resources
Division of Coastal Management DIVISION OF
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ro'`sWhF,FFeR,(ff&i URCES
September 12,2003
MEMORANDUM RECEIVE®
TO: Mr. John Sutherland, Chief �rT 2-: 9 2003
Water Planning Section AV. n
®FG0AffALA#A*GE"E
Division of Water Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA PERMIT APPLICATION REVIEW
APPLICANT: DORIS FLEMING
PROJECT LOCATION: LOT 434, 50178 TREASURE COURT, BRIGANDS BAY
SUBDIVISION, FRISCO, DARE COUNTY, PAMLICO SOUND.
PROPOSED PROJECT: REPLACE EXISTINIG BULHEAD STRUCTRUCE ALONG THE
SHORELINE OF THE PAMLICO SOUND.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by October 3, 2003. If you have any questions regarding the proposed project, please contact Doug
Huggett at [phone], ext. 245. When appropriate, in-depth comments with supporting data is
requested.
REPLY
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project, only if the recommended changes are incorporated.
This agency objects to the project for reasons described in the attached comments.
SIGNED CJ' DATE
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\ Internet: http://dcm2.enr.state.nc.us
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 8, 2003
MEMORANDUM: e7i®
TO: Mr. William A. McNeil, Director - SEP v-$`.2003
Division of Community Assistance 3KOFOOM
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Doris_Eleming
Project Location: Lot 434, 50178 Treasure Court, Brigands Bay Subdivision, Frisco, Dare
County, Pamlico Sound
Proposed Project: The replacement of an existing bulkhead structure along the shoreline of the
Pamlico Sound where the existing bulkhead structure is in imminent danger
of collapse and the existing residence is within 12 feet of the shoreline.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by September 29, 2003. If you have any questions regarding the proposed project, please
contact Dennis Hawthorn at [phone]. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
his agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE �i'J, "y
ity, North Caroiirra-zr9o9
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

• AL �
WDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
September 8, 2003
MEMORANDUM:
TO: Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Doris Fleming
Project Location: Lot 434, 50178 Treasure Court, Brigands Bay Subdivision, Frisco, Dare
County, Pamlico Sound
Proposed Project: The replacement of an existing bulkhead structure along the shoreline of the
Pamlico Sound where the existing bulkhead structure is in imminent danger
of collapse and the existing residence is within 12 feet of the shoreline.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by(Segtemb� ?e_ r29;-2003 If you have any questions regarding the proposed project, please
contact Dennis Hawthorn at [phone]. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project.for reasons described in the attached
comments.
SIG DATE
r—Sbath, Elizabetnity, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

AL
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 8, 2003
MEMORANDUM:
TO: John A.Thayer, Jr., District Planner
Division of Coastal Management
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Doris Fleming
Project Location: Lot 434, 50178 Treasure Court, Brigands Bay Subdivision, Frisco, Dare
County, Pamlico Sound
Proposed Project: The replacement of an existing bulkhead structure along the shoreline of the
Pamlico Sound where the existing bulkhead structure is in imminent danger
of collapse and the existing residence is within 12 feet of the shoreline.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by eptember_29 2063`�If you have any questions regarding the proposed project, please
contact Dennis Hawthorn at [phone]. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This ffice has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached
comments.
NED DATE d D�
, iza a ity, North aro in
hone: 252-2 -39011 FAX: [phone] Internet: www.n7c(oastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

OCT-27-2003 MON 01 : 51 PM DON-DN F E. CITY FAX NO, 252 264 3723 P. 01
F,-,ix Note 7671 DIM J'�
13P,�1 1q,Els
7671 _J3
From
ron,
Co.
HC1 TF
of E Fax# T--7
of
fjorvis 1), WRI Director William 0, Ross Jr, Secretary
8, 003
A-TJA,1Y'--'1', h, District Planner
tidinn of QJM,111 NIPTILIgGlllcllt
pel-jjjjL,j processing (Toordinatur
C, j\4 A JZ I- & PlU Permit Applicatioll RL' i r
Lml 434, 50178 Court, 'BrigarlOq Ray SubdiViSiOn, Frisco, Dzue
(!ounly, Pilinlico 'Solwd
Pe"VVY of n)),existing bulklicad structure Wong the shoreline of the
w I wrcthe existing bulkhead structure is in imminent danger
or collymm pod the KNOng resWunce. Is within 12 f0ct Of the S110f0lille-
1)(AwN, vour -lgcnc.y's pmitioi-k or viewpoint on the proposed project and return MIS
Amm IV QhUyr A Ajoy lCyou linve Pny quostiolls 1-0g,11-cling the proposed project, please
t f 1mvIoni at (254 26=01, 'Alien appropriate, in-deptli comments with
..................
.1joctioll to the project as proposed, /11t/
'I'llis quin 1.9 no
co.jillyloilt on Q proposed ywoject•
lid, ofnee ulTroved of tj)G pj-oject only if the reconvuended changes are
"ItUlclied.
officc 01dects to the project for reasons doscribe(l Ill the attached
1
1)A I
-M'01ty, NollC r 11 7 79
ww,n aastalmanaqement,net
.�,clna: 21JT261190i NFAK 25?,-26073\1ntarAet w
An EquA
r;;,iiivo Actiuil F 60"/0 j:,,,QQyc1ed U 0%post Consumer Papor

OF W ATFR RECEIVE® Michael F.Easley,Governor
William G.Ross Jr.,Secretary
SE P 12 2003 North Carolina Department of Environment and Natural Resources
r gyp�y�ya�B� �11®®p A Alan W.Klimek,P.E.Director
CO
—I NUFCOA®K�ALMANAGEMEM Division of Water Quality
'C RUN" Coleen H.Sullins,Deputy Director
Division of Water Quality
DIVISION OF WATER QUALITY
September 11, 2003
Ms.-.-Doris -Fleming
Pi.O. Box 592
Hatteras, NC 27943
Subject: CAMA/Stormwater Review SW7030906
Bulkhead Replacement
Dare County
Dear Ms. Fleming:
The Washington Regional Office received a copy of your CAMA
application for a proposed bulkhead replacement project located at
50178 Treasure Court in Frisco, NC on September 9, 2003. Staff
review of the plans and specifications has determined that the
project, as proposed, consists of activities that will not pose
surface water quality threats from stormwater runoff since no
significant new impervious area is proposed. The Director has
determined" that projects that are reviewed and approved- by the
Division as not posing water quality threats from stormwater runoff
should not be subject to the stormwater management permitting
requirements of 15A NCAC 2H.1000. For this reason, we are informing
you by way of this letter that your project will not require a
stormwater management permit..
Please keep in mind that this determination does not affect your
legal requirements to obtain other permits which may be required by
*the Division of Water Quality, the Division of Land Resources,
Coastal Area Management Act or any other Federal, State or Local
Government. In addition, any future modifications to the project
will require additional review from this office to assure that
stormwater impacts are not an issue.
If you have any questions or need additional information concerning
this matter, please contact Mr. Roger Thorpe at (252) 946-6481,
extension 214.
Sincerely,
J`-Jim l�Iul 1 i gan
Water Quality Regional Supervisor
Washington Regional Office
cc: ;Doug Huggett, DCM - Raleigh
Washington Regional Office
Central Files
rN—R
N.C.Division of Water Quality 943 Washington Square Mall Washington,N.C.27889 Telephone[phone] FAX[phone]

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G.Ross Jr.,Secretary
MEMORANDUM
RECEIVED
TO: Doug Huggett,Major Permits Coordinator SEP 9 20W
FROM: Ted Sampson, District Manger, NE Dist. OPOROAKALMANAGEMFM
RUNGH
DATE: 4 September 2003
SUBJECT: Doris Fleming, Dare County; CAMA Major Permit Recommendations
REFERENCE: (a) Dennis Hawthorn's Memo, dated 3 Sept. 2003, same subject
I have discussed Reference (a) with the Field Representative, and have been unable to persuade him
that his recommendations on this permit run contrary to the rules of the Coastal Resources
Commission. I am therefore sending this Memo to express the recommendations of this District that
I believe are in keeping with CRC rules as well as past practices of the Division.
The CRC rules applicable to this permit application are found in 07H.0208(b)(7), paragraphs (A)
through (E).
Paragraph (A) requires that the bulkhead alignment shall approximate high water or normal water
level. The bulkhead proposed by this application does not meet this requirement in that it would be
placed 10 feet beyond the existing normal water level.
Paragraph (B) relates to the placement of bulkheads landward of significant marsh and this is not a
consideration in this case.
Paragraph (C) relates to the source of backfill and this is not an issue in this application.
Paragraph (D) provides that a bulkhead can be permitted below the normal water level only when 5
listed standards are met:
i. The property must have an identifiable erosion problem — it does not; only some of
the backfill material is seeping past an existing bulkhead that is beginning to fail. Or,
unusual geographic or geologic features will cause the applicant unreasonable hardship
under the other provisions of this rule. For this bulkhead, nothing has been noted related
to either geographic or geologic features, and in fact there does not appear to be anything
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

s'` a
Doris Fleming
4 September 2003
Page 3
bulkhead structure. While the danger of the structure from possible collapse of the
existing bulkhead could be argued, even if such danger did exist, it could be remedied by
the careful replacement of the existing bulkhead in its present alignment, perhaps
requiring the temporary removal of some or all of the existing deck structure.
The Field Representative argues that proximity of the structure to the existing failing
bulkhead is a compelling reason to allow this permit request, and that such structures,
built before the current buffer rule proscriptions, were sometimes located so close to
shorelines that some additional accommodation for bulkhead replacement is warranted.
In this case, not all construction within the buffer area will have resulted from decisions
made prior to the buffer rules coming into effect. This property owner recently received a
variance to build an additional room within the buffer to allow for the care of an ailing
spouse.
V. The property to be bulkheaded must lie in a nonoceanfront area. This is true for this
property and does not represent an impediment to the proposed alignment.
Paragraph.(E) requires, where possible, the use of sloping rip-rap, gabions, or vegetation rather than
vertical seawalls. The existing presence of neighboring vertical bulkhead structures does not make
this a reasonable alternative.
Under the provisions of LAMA, 13A-120.(a)(8), an application for a permit should be denied upon
finding that the proposed development is inconsistent with the State guidelines. The evaluation of
the foregoing guidelines clearly establish this inconsistency, and I recommend the denial of this
permit application, if the applicant is unwilling to accept limiting conditions on the permit to be
granted.
I do not object to the issuance of this permit, provided that:
o The provisions of 15A NCAC 07H.1105(b)(1), (e), (f), (g), and 0) are met.
o An alignment of the proposed bulkhead is staked by the Field Representative prior to
the commencement of construction activities that is no more than a maximum of 5
feet, and no more than an average of 2 feet,beyond the existing bulkhead alignment.
cc: Raleigh Bland, U.S.Army Corps of Engineers, Washington, NC

A7001a
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
MEMORANDUM
TO: Doug Huggett
THROUGH: Ted Sampson RECEIML)
FROM: Dennis W. Hawthorn
DATE: September 3, 2003 $Ep 9 2003
SUBJECT: Doris Fleming,Dare County 0jVm0FG0 ALMANAGEM
00
CAMA Major Permit Recommendations Lg
This project will be located in the Village of Frisco, on Hatteras Island. An inspection of
mapping data on cultural resources revealed that archaeological, or cultural resource findings in
the vicinity of this project have been recorded on the available resource maps. It is important to
note that these maps have not been updated in at least 10 years, and Hatteras Island has a rich
heritage in cultural resources. There is potential for the discovery of cultural, or historical
resources in the project vicinity.
This permit application involves the construction of bulkhead shoreline stabilization. According
to standards referenced in Title 15A, N. C. Administrative Code (NCAC), Section 7H .0207,
bulkheads are considered water dependent structures, and their uses have been found to be
acceptable within Public Trust Areas. Shoreline stabilization structures have also been found to
be consistent with the Division's current buffer rules.
This proposal specifically concerns the construction of 70-1f of bulkhead, shoreline stabilization
along a previously bulkheaded portion of shoreline on the Pamlico Sound. A site visit confirmed
the existence of shoreline erosion concerns along portions of this shoreline. The current bulkhead
is within 12-ft of the existing residential structure, which is in danger of collapse. The proposed
alignment will extend an average and maximum of 10-ft beyond the existing bulkhead, and
NWL. This alignment will result in the filling of approximately 700-sf of Public Trust Area, and
a total area of approximately 1,050-sf of land disturbance along this shoreline.
Based upon 7H .0208(b)(7),bulkheads shall be permitted below the approximate normal water
level only when the five following conditions are met. These are summarized as follows.
[1] the property has an identifiable erosion problem;
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \FAX: [phone]\Internet: hfp://dcm2.enr.state.nc.us
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Doug Huggett Page 2
Doris Fleming CAMA Major Permit Recommendations
September 3, 2003
[2] the bulkhead alignment extends no farther below the NWL than is necessary to ....mitigate
the unreasonable hardship resulting from unusual geographic or geologic features;
[3] the bulkhead alignment will not result in any significant adverse impacts to public trust
rights or the property of adjacent riparian property owners;
[4] the need for the proposed alignment is documented by the Division of Coastal
Management;
[5] the property concerned is not located in an oceanfront area.
In considering the above, the existing bulkhead alignment or an alignment of only a few feet
waterward of the existing shoreline will still present a significant hardship to the property
owner. The proposed alignment will not present any hardships to the use of public trust waters
or to any adjacent riparian neighbors. The existing residential structure is close to the
shoreline, and this proposal is reasonable in this instance, and its need is supported in my
earlier field report concerning this permit application. The property is located along a portion
of the Pamlico Sound that frequently is exposed to high winds and wave energy.
In conclusion, I believe this proposal is consistent with the guidelines as set forth in the above
referenced rules.
In regard to these findings, I have no objection to the proposed development so long as the
following conditions and Note are incorporated in the subject permit.
1] Prior to the start of construction, the Permittee shall schedule and coordinate a pre-
construction conference which will include DCM staff. The approved bulkhead
alignment shall be staked within 30 days prior to the start of bulkhead
construction, and this alignment shall be consistent with the submitted application
platwork prepared by Gary Price.
2] No work, structures, excavation or fill materials will be placed at the work site or
in any waters or wetlands, other than that work indicated on the above referenced
application and associated platwork. The bulkhead structure will be constructed
prior to any filling activity, shall be structurally tight, and shall be consistent with the
approved,referenced platwork. Fill material must be free from debris or pollutants,
and obtained from an upland source.

Doug Huggett Page 3
Doris Fleming CAMA Major Permit Recommendations
September 3, 2003
3] This permit does not authorize any shallow water bottom excavation beyond the
approved bulkhead alignment, or within any Estuarine or Public Trust Area
Waters. Any excavation beyond the authorized bulkhead alignment will require
additional Division of Coastal Management authorization.
NOTE Any future development on the permittee's property, other than that work
authorized in this permit, may require modification of this permit or the
issuance of a separate CAMA Permit.
cc: Raleigh Bland, US Army Corps of Engineers

1 y
• r
owls
DCM% DWQ%
Development Type FE` f14300 1601�435100093 1625 6253) (24300 1502435100095 2341
1. Private,non-commercial
development that does not involve S250 100%(S250) 0%(SO)
the filling or excavation of any
wetlands or open water areas:
II. public Orr ommercial development
that does not involve the filling or S400 100%(S400) 0%(SO)
excavation of any wetlands or open
water areas:
Ill. For development that involves the
filling and/or excavation of up to 1
acre of wetlands and/or open water
areas,determine if A,B,C,or D
below applies:
Iil(A). For Private,non-commercial
development,if General water Quality S250 100%(S250) 0%(SO)
Certification No.3301 (see attached)
can be applied:
III(B): For public or commercial
development,if General water Quality $400 100%(S400) 0%(SO)
Certification No.3301 (See attached)
can be applied:—�
� 1
III(C). If General Water Quality
Certification No.3301 (see attached)
could be applied,but DCM staff
determined that additional reviewOand 540o 60%(S240) 40%(S160)
written DWQ concurrence is,ne%ded
because of concerns related to water
quality or aquatic-lif6i
III(D). if General Water Quality S240 60% 40% S160)
Certification No.3301 (see attached) S400 ( ) (
can not be applied:
IV. For development that involves
the filling and/or excavation of more 5475 60°0(S295) 40%(S190)
than one acre of wetlands and/or
open water areas:

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on August 4, 2003.
According to said application, Doris Fleming proposes to replace an existing bulkhead
structure along the shoreline of the Pamlico Sound where the existing bulkhead structure is in
imminent danger of collapse and the-existing residence is within 12 feet of the shoreline. The
property is located in Brigands Bay Subdivision, Frisco, Dare County.
A copy of the entire application may be examined or copied at the office of Dennis
Hawthorn, NC Division of Coastal Management, located at 1367 US 17 South, Elizabeth City,
NC, 27909, [phone] during normal business hours.
Comments mailed to Donna D. Moffitt, Director, Division of Coastal Management, 1638
Mail Service Center, Raleigh, NC, 27699-1638, prior to October 1, 2003,'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.
PUBLISHED ON: Thursday, September 11, 2003

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael R Easley, Governor Donna D. Moffitt, Director William G. Ross Jr.,Secretary
September 8, 2003
EC rvrD
Mr. Gary Price SEP 9 2003
P.O. Box 591
Avon, NC 27915 aft0FIGOASTALMANAGEMEN1
RALEGIN
Dear Mr. Price:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of Doris Fleming's property located at Lot 434, 50178 Treasure Court, Brigands
Bay Subdivision, Frisco, Dare County. It was received on August 4, 2003, and appears to be adequate for
processing at this time. The projected deadline for making a decision is October 18, 2003. 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 serve as your notice of an extended review. However,
an additional letter will be provided on or about the 75th day.
NCGS 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 your
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 your property; or at a point along the road
right-of-way where a private road would lead one into your 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.
Sincerely,
ok
Dennis Hawthorn
Coastal Management Representative
DWH/kh
Enclosure
cc: J)-ug-Huggetf Permit-Coordinator;DCM---
Ted Sampson- District Manager, DCM
Doris Fleming
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY
■"Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) e. Date of Deliver
. Item 4 if Restricted Delivery is desired. 7 2�-03
■ Print your name and address on the reverse
so that we can return the card to you. C. SMg ),re �.
■ Attach this card to the back of the mailpiece, XV ,�4 �tor on the front if space permits. k7� UU esse
1. Article Addressed to: D. Is delivery a6ress different from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
/►�i ,2-76 C(S— 3. �S,.e,r�vice Type
NYCiertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandis
❑ Insured'Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2.
PS F. !102595.00-M-0952
i
COMPLETE •N COMPLETE THIS SECTIONON
■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) TDat.of Deliver
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
'so that we can return the card to you. C. ature
■ Attach this card to the back of the mailpiece, X IUAAt �►'/ ❑Agent
or on the front if space permits. �r� ❑Address&
1. Article Addressed to:
D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
T j Y,�,C
v► R©�c 5'o�v
3. S�erv' e Type
I2/ L�lCertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandis(
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
7002 3150 0002 1580 2125
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952

STATE OF,
Real Estate
in .{ •.4gf
pyfC�A to Excise TaxBOOK
--
OPT HAY16'B4 � 5 3• Q
i o P.a.10if7 '
i FILED
11 191LIA'f_E - PM
j DORRIS A. FRY
''• Regis'er rs
Dare Cc•.... .. .
$53.00
Excise TaX Recording Time.Book and Page
Tax Lot No. Parcel Identifier No. .
............................................................................. ...........
Verified by....................................................................... County on the ................ day,of ...............................................:......................-
_ .......................................................... 19........... j
by ..........................................................................................................................................................................................................................-
Mall sitar recording to ......Aldzxdge....SP 3�?e.��...{..r%hg.ury.;... ..3.3.9.:.. nteo,,,-NC,•„27954
.................._.............................................................................................--..........................
This instrument was prepared by..........Christopher L. Seawell
.......................................................................................................................
Brief description for the Index Lot 434 Brigands' Bay
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this ....27th day of.......:.AR——-----------........................ ......84, by and between t
GRANTOR GRANTEE
1 •-FRED J. NEUMAN and wife ~
ti JOSEPH L. FLEMING and wife,
MY)tA S. NEUMAN DORIS D. FLEMING I
2511 Westmoreland Drive
Greensboro, NC 27408.
Enter in appropriate block for each party: name,address,and,if appropriate, character of entity,a q. corporation or partnership. 1
1 _ �
i The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular,
1 g r, plural, masculine, feminine or neuter as required by context. I
i WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that j
certain lot or parcel of land situated in the City of ......... ....... „--,Hatteras ... Township,
.........................................
.............. Da•-e I ..... County,North Carolina and more particularly described as follows:-
All that certain parcel of land together with improvements thereon lying and
being in Hatteras, Towaship,• Dare County, North Carolina, and more particularly
described as follows:
Being Lot No. 434 of the subdivision known'as Brigands' Bay, Amended Plat Lots
423 through 462, as shown ,on map o�, plat thereof made by John J. Duffy, Engineer,
dated March 14, 1972, and recorded yin Map Book 5, Page 59, Public Registry of i
Dare County, North Carolina.
CEDO
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