20131280 Ver 1_DCM Permit_20140324

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
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
Permit Number
26-14
Issued to.T.A. Newbold Miller, LLC., 270 Queens Lane, Palm Beach, FL 33480
Authorizing development in Perquimans County adj. the Perquimans River at the end of Bundy's
Road as requested in the permittee's application dated 11/26/13, including the
attached workfrlan drawings (11), all dated revised 11/26/13.
This permit, issued on March 24, 2014 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.
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1) Unless specifically altered herein, this permit authorizes only the construction of the docking
facilities with associated boat houses, gazebos, 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.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facilities.
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
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
hereunder requires further Division approval.
All work must cease when the permit expires on
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 DENR and the
Chairman of the Coastal Resources Commission.
AA­ Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

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5) 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
6) 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.
7) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9) This permit authorizes a maximum of twelve formalized boat slips.
10) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings.
11) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
12) 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 landward of the authorized
alignment is permitted except for that which may be required for the construction of the bulkhead wall
and deadmen cables, etc.
13) All backfill material shall be clean and free of any pollutants except in trace quantities.
14) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.

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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, Division of Energy, Mineral, and
Land Resources, 943 Washington Square Mall, Washington, NC 27889.
15) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
16) 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, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
17) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office, Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.
Archaeological Assessment
18) Prior to initiation of any ground disturbing activities, the permittee shall arrange for an archaeological
assessment of the project area within the 75 feet Estuarine Shoreline AEC. The purpose of the work will
be to relocate archaeological sites 31 PQ 15 8, 3 1PQI 59, 31 PQ 160, 3 IPQI 61, and 31 PQ 162 in order to
determine whether they will be impacted by the proposed undertaking. Those sites impacted will be
tested at a Phase 11 level of effort and assessed in terms of eligibility for the NRHP. If any of the sites
listed above are deemed eligible for inclusion on the NRHP; then the permittee shall determine whether
the site(s) will be adversely affected by the project activities. If so, the permittee will develop and
implement an appropriate mitigative plan for those sites adversely affected. This condition also includes
the relocation of site 3 1 PQ5 3 in order to determine if the site is located within the 75 feet Estuarine
Shoreline AEC. If so, this site will need to be assessed in the same manner as above in regards to
eligibility for the NRHP. All archeological background research and proposed field methods related to
this project will be conducted in consultation with the Office of State Archeology prior to
implementation in the field. Two copies of all resulting archaeological reports, as well as one copy of
revised North Carolina site forms, should be forwarded to the Office of State Archaeology for review
and comment as soon as they are available and in advance of any construction or ground disturbance.
NOTE: A list of archaeological consultants who have conducted or expressed an interest in contract
work in North Carolina is available at:
www.archaeology.ncdcr.gov/ncarch/resource/consultants.htm

IT.A. Newbold Miller, LLC.
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19) 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.
20) 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.
21) The permittee and/or contractor shall meet on site with a representative of the Division prior to project
initiation.
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 Resources has authorized the proposed project under Project No. 13-
1280.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-00306.