20231244 Ver 1_DCM Permit_20231215

Permit Class
NEW
Permit Number
146-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ertnt" t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Brett Halna Du Fretay, 1844 Sir Tyler Dr., Wilmington, NC 28405
Authorizing development in Brunswick County adj. to Lockwoods Folly River and Pamlico Creek; at
Parcel 20000030, along Oak Point Ln SW, in Supply, as requested in the permittee's application submitted
electronically (PA-1147) 9/8/23, incl att work plan drawings (5), Page 1 dtd 8/17/23 & Pages 2-5 dtd 12/1/23.
This permit, issued on December 15, 2023 , 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.
Docking Facilities
1) This permit authorizes the construction of two new docking facilities, including the docks, piers,
boatlift, tie piles, gazebos, kayak launch, and other structure and uses located in or over that 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)]
2) This permit authorizes a maximum of 4 formalized boat slips at the docking facility located on
Lockwoods Folly River. This permit does not authorize any new formalized boat slips at the docking
facility located on Pamlico Creek. [07J.0202(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
December 15, 2028
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 Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Brett Halna Du Fretay
ADDITIONAL CONDITIONS
Permit No. 146-23
Page 2 of 3
3) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the
PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not
authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
4) All portions of the authorized structures shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access. [07H.0208(b)(6)(I)]
5) No portion of the authorized docking facilities, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from the
normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive. [07H.0208(b)(6)(G)]
6) 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)]
7) The authorized gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization. [07H.0208(a)(2)(G)]
8) The roof of the gazebos shall not be designed for second story use. [07H.0208(b)(6)(F)]
9) 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)]
10) 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)]
11) 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)]
12) 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 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); G.S. 113A-229(a)]
Sedimentation and Erosion Control
13) 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); 113A-102(a); 07H.0207; 07H.0208]

Brett Halna Du Fretay
ADDITIONAL CONDITIONS
Permit No. 146-23
Page 3 of 3
14) 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); 113A-102(a); 07H.0207; 07H.0208]
USACE Conditions
15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
16) 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)]
17) 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)]
18) 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)]
19) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J.0209(a)]
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-02300). The Programmatic General Permit
198000291 used to authorize this project expires 12/31/2026.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20231244.
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 $250 was received by DCM for this project.

Permit Class
NEW
Permit Number
146-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ertnt" t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Brett Halna Du Fretay, 1844 Sir Tyler Dr., Wilmington, NC 28405
Authorizing development in Brunswick County adj. to Lockwoods Folly River and Pamlico Creek; at
Parcel 20000030, along Oak Point Ln SW, in Supply, as requested in the permittee's application submitted
electronically (PA-1147) 9/8/23, incl att work plan drawings (5), Page 1 dtd 8/17/23 & Pages 2-5 dtd 12/1/23.
This permit, issued on December 15, 2023 , 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.
Docking Facilities
1) This permit authorizes the construction of two new docking facilities, including the docks, piers,
boatlift, tie piles, gazebos, kayak launch, and other structure and uses located in or over that 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)]
2) This permit authorizes a maximum of 4 formalized boat slips at the docking facility located on
Lockwoods Folly River. This permit does not authorize any new formalized boat slips at the docking
facility located on Pamlico Creek. [07J.0202(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
December 15, 2028
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 Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Brett Halna Du Fretay
ADDITIONAL CONDITIONS
Permit No. 146-23
Page 2 of 3
3) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the
PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not
authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
4) All portions of the authorized structures shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access. [07H.0208(b)(6)(I)]
5) No portion of the authorized docking facilities, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from the
normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive. [07H.0208(b)(6)(G)]
6) 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)]
7) The authorized gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization. [07H.0208(a)(2)(G)]
8) The roof of the gazebos shall not be designed for second story use. [07H.0208(b)(6)(F)]
9) 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)]
10) 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)]
11) 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)]
12) 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 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); G.S. 113A-229(a)]
Sedimentation and Erosion Control
13) 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); 113A-102(a); 07H.0207; 07H.0208]

Brett Halna Du Fretay
ADDITIONAL CONDITIONS
Permit No. 146-23
Page 3 of 3
14) 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); 113A-102(a); 07H.0207; 07H.0208]
USACE Conditions
15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
16) 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)]
17) 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)]
18) 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)]
19) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J.0209(a)]
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-02300). The Programmatic General Permit
198000291 used to authorize this project expires 12/31/2026.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20231244.
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 $250 was received by DCM for this project.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Brett Halna Du Fretay
0 Oak Point Lane SW
Supply, NC 28462
[e-mail]
NORTH CAROLINA
Environmental Quality
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 subject to
the conditions shown on the permit. The original (buff -colored form) is retained by you and 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 by mail or email a scanned copy to dcm.mhc.adminskncdenr.gov.
Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or to any of its conditions, you may request a contested case hearing
pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
N.C.G.S. 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. Information
about this process can be found at: https://www.oah.nc.gov/hearings-division. You should also be aware
that an interested party may submit an objection to the issuance of this permit within twenty (20) days
pursuant to N.C.G.S. I I3A-121.1(b).
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 requires 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 would be to your
benefit to be sure that they fully understand all permit requirements. To facilitate this, we request that
you contact your DCM Field Representative via email just prior to work initiation. Your field
representative contact information is [e-mail].
Department personnel will visit the project site to ensure compliance with this permit. 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,
Gregory Bodnar
Major Permits Coordinator
N.C. Division of Coastal Management
D E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
NORTH CAROUNA -
Oepadment01EnWronmenmlQuality /� 252.808.2808