12-22 Gunther

Permit Class Permit Number
NEW12-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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 Edward Gunther, 8124 Bald Eagle Lane, Wilmington, NC 28411
Authorizing development in New Hanover County at 8124 Bald Eagle Lane, on the AIWW in
Wilmington , 9/19/21,
including attached workplan drawings (2), Sheets 2-3 of 3 all dated 9/17.
This permit, issued on February 14, 2022 , 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 Facility

1) This permit authorizes only the floating docks, piers, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this 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.

(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.

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
Braxton C. Davis, 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, 2025

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

Edward Gunther Permit No. 12-22
Page 2 of 3
ADDITIONAL CONDITIONS

2) This permit authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at
this docking facility.
3) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts

4) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established pier-head line.

5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring 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.
6) 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.
Sedimentation and Erosion Control

7) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
8) 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.

General

9) 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.
10) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.
11) The permittee and/or his or her contractor shall meet 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: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 20211465.

Edward Gunther Permit No. 12-22
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE:
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 mean high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Edward Gunther (c1"a Debbie Wilson)
COUNTY: New Hanover
PROJECT NAME:. 81.24 Bald Eagle Lane
LOCATION OF PROJECT: 8124 Bald Eagle Lane, at#. to theAlWW in Wilininglon
DATE APPLICATION RECEIVED COMPLETE BY FIELD:
9-28-21 PREFILE DATE: n/a
FIELD RECOMMENDATION: Attached: Yes To Be
Forwarded: N/A
FIELD REPRESENTATIVE: Elks
DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
FEE REC'D: $290#510
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 10-13-21
END OF NOTICE; DATE. 11-3-21
ADJ. RIP. PROP NOTICES REC'D:
DEED REC'D: Yes
C) 75 DAY DEADLINE: 12-12-21
150 DAY DEADLINE:
1-IOLDS:
MAIL OUT DATE: 10-7-21
STATE DUE DATE: 11-3-21
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM -- Field. Rep
DCM LUP Consistency Determination
Local Permit Officer
Corps of Engineers - Regulatory Branch
DWR-.401 Section
DWIZ - Public Water Supply
DEM LR -- Stormwater
DEMLR — Sed and Erosion
DOA -- State: Property office
Wildlife Resources Commission
DMF - Shellfish Section,,
DMF - Habitat & Enhancement
DNCR - Archives & History
s
DNCR -- Natural Heritage Program
_.._
NCDOT
..... _.- _
_ ...... _ 1 `�. w
NC Dept of Commerce
V"1[1V10-MHD CITY

DM' Coordinator: Gregg Bodnar
Cam Luck
county:
Permit #: _�ft
WIRO E-MAIL DISTRIBUTION SHEET
Circle on : Bio Re rt / Permit for: JAY'wA
Oversize P01aenpt: k)lk
DCM Offices: OW
Morehead City: PT (if oversize) via Courier
*cc Gregg, Cam & A anda on group email w/ bio.narr.app.drawings, deed, comment sheet
*MHC documents (VAW& Arnand'
Wilmington: Original hard -copy '7
ONLY USAGE & DWR (wino):
Recommendations, PN, Letter wlSite Card, Fee Chart and Agent Authorization
USACE Wilmington:
"der & Carteret Co)- PN, CL, Reports, Split Sheet
use both
rmj"ngtronNCREG@usace. arm* y, mil (NHIBR): PN, CL, Reports, Split Sheet
v
a Currey
g Currey (NH/BR: PN, CL, Reports, Split Sheet
V/ Div of Water Resources:
mrolley Snider - 401 (BR/NH)PN, CL, Reports, Split Sheet V-11
jkA"=8ffiffW- 401 (PN/ON)-. PN, CL,, Reports, Split Sheet
/+ John Perry, (training) —401: PN, CL, Reports, Split Sheet
Div of Water Resources:
Aheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
----------------------- ----------- --------
— — -- — ---------- — — — — ----------- — — - — --------------
Marine Fisheries:
Wm Harding,
DGM Planner/WiRO:
-Mike Christenbury
Cultural Resources:
"Renee Gledhill -Earley E-nviroi7inentatReview@t)cqetiL._qov �o/
Natural Heritage Prog.
-1Rodney Butler
DCA-Rural Eco. Dev:
Vfark Ziegler V7
NC DOT:
pa/vid Harris
Wildlife Resources:
10(ana Dunn w/Reports
State Property Off Ice:
Z
%Ti Walton: DEED
Xke Moser
,Wanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
-Je/remy Humphrey (Rica) IS�hannon jenkins-0)
%8fiaron Gupton, Admin.
df�
DEMILR:
_ristine Hall - Stormwater Section
Dan Sams - Land Quality Section
Public Water Supply:
v4eidi Cox
City of Wilmington: wry �hur on
Enforcement: Field Rep., _
)-7
Co. LPO tV2
Agent: T 11,
DISTRIBUTED:
11­4#­4 nl4rfl)4 1AA0FA1Qhn­ m.i­ d—In,,if ..... 41^'A-­­ I ;,I

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 7, 2021
MEMORANDUM.
-
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax-, 252-247-3330 (Courier 11-12-09)
Cameron, [e-mail]
SUBJECT: CAMA
Applicant: Edward Gunther
Project Location: 8124 Bald Eagle Ln, adi, to the AIWWin Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8'x 20' floating platform,
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2021. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested,
REPLY: X This agency has no objection to the project as proposed.
*Additional comments may be attached"
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.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE �- &,,.,
DATE 10-7-21
ou 1 0 01,2021
MP SECTION
OCM - MHD CITY
North Carolina Department of Environmental Quality V Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
'Seca lal),
BRAXTON DAVIS
Director
October 7, 2021
MEMORANDUM.
NORTH CAROUNA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron-luckgNCPENR.gov
SUBJECT: CAMA
Applicant: Edward Gunther
Project Location: 8124 Bald Eagle Ln, adj. to the AIWW in Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8'x 20' floating platform
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2021, if you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested,
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
X 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.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/ Recreational Water Quality
SIGNATURE fia4w-e w �� for Shannon Jenkins
V
DATE 10/15/2021
I
OCT 15 2071
MP SECTION
DCM - MHD CITY
Mw I I i Cardin a Dept it limit of EilviWl Mlet, 1,11 Quo] ify Div kion of Coast itl Mw wooment
Q E Wilniint)ton Office 1 12/Coidiii;ilD6vCUXICn1,iwi ' WifinMqton. Not Ih Cwolina 28405

ACCCIveti: 1U/Vl/zUz1
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 7, 2021
MEMORANDUM:
NORTH CAROUNA
Environmental Quality
ER 21-2439 Due: 10/22/2021
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron,lucKP_NC.DENR,-qov
SUBJECT: CAMA
Applicant: Edward Gunther
10/18/2021
No comment — SBA
Project Location: 8124 Bald Eagle Ln, adi. to the AIWWin Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8'x 20'floating platform,
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2021. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*Additional comments may be attached"
X 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.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
SIGNATURE,
DATE 10/19/2021
RECEIVED
OCT 19 2021
MP SEC110N
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9101963215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 7, 2021
7FAMT17-Niffiol Mi
NOR,rH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28657
Fax. [phone] (Courier,11-12-09)
cameron,luck@NCDENR,gov
SUBJECT: CAMA
Applicant: Edward Gunther
Project Location: 8124 Bald Eagle Ln, adj. to the AlWWin Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8'x 20'floating platform,
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2021. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: L, This agency has no objection to the project as proposed.
**Additional comments may be attached"
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.
PRINT NAME
AGENCY A) If j 211
- RE
SIGNATURE tq V VCEIVED
DATE
M13 SECTION
11CM - MHD C17Y
111111111F -----------
North Carolina Department of Environmental Qk�alllty ' Division of Coastal Management
Wilmington Office 1 127 Cardinal Di ive Extension I Wilm4iqtnji, North Carolina 28405
910196.7215

ROY COOPER
Governor
2LOABETlH3.0SER
Secretary
S. DANlELS&4{TH
umecm,
DATE: October 29, 2021
Environmental Quality
wonnic^nouwx
��
FROM: Holley ',u�y�nlder
NCDEQ-DivisinnWater Resources
401Buffer Permitting Branch
SUBJECT: DVVR#202114G5
No Written Approval Required
PROJECT LOCATION: 8I24Bald Eagle Lane, Wilmington, New Hanover County
Gunther Docking Facility
PROPOSED PROJECT: Reconfiguration of an existing private residential docking facility to
provide mooring for four (4) vessels
The Division of Water Resources (DVVp) has received a copy Of your C4KHA Major permit
application request dated received by this office on October 7, 2021
The waters of the Middle Sound are classified as SA;[]0VV by the Division of Water Resources
(DVVR). In accordance with the attached General Certification #4175 (GC 4175),the impacts
described in your application do not require written authorization to utilize G[ 4175. However,
you are required tufollow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements
including (but not limited to erosion and sedimentation Onn1noV regulations and state
------------stormwater -requirements before you proceed withyour project), Also, the -approval -to—'-----�
proceed with your proposed impacts to waters a depicted |myour application shall expire
upon expiration ofthe 4O4 orC4K0APermit.
This Certification can becontested 85 provided in 4rddex 3 and 4OfGeneral Statute 15013 by
filing a written petition for en administrative hearing t0the Office ofAdministrative Hearings
(hereby kBVm/n as QAH). A petition form may be obtained from the L)AH at
r by calling the OAH Clerk's Office at (919) 431'3000 for
information. RECENEID
MEM
MP SF-0,fJON
North Carolina Department ofEnvironmental Quality |Division of Water Resource,
Wilmington Regional Office 1 127 Cardinal Drive Extension | Wilmington, North Carolina 28405
5ss�a��""° 910.796z215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 7, 2021
r1941T11*JTT-1T,V&1 "i,
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.1uck0.NCDENR.cIov
SUBJECT: CAMA
Applicant., Edward Gunther
Project Location: 8124 Bald Eagle Ln, adj. to the, AIWW in Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8'x 20'floating platform,
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2021. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X 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.
Four proposed sips two currently under construction
PRINT NAME Wanda Hilliard
AGENCY State Prody Office
SIGNATURE
DATE November 1, 2021
NOV 0 1
MP Sc-c-rm
DCM - MHr) crry
North Carolina Department of Environmental Qualtty I Diviston of Coastal Management
Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
9la796.7215

Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
November 1, 2021
'ro: Cameron Luck, Assistant Major Pen -nits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
cameron.luekC .NC QEN1It9qV
FROM: Wanda Hilliard I Lo l� "
Real Property Agent
Department of Administration
SUBJECT Edward Gunter
Pamela B. Cashwell
Secretary
Tim Walton
Director
Proposed Location: 8124 Bald Eagle Ln. adjacent to the AIWW in Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8' x 20' floating platform, adding two
(2) slips for a total of four (4) slips,
Please confirm that the facilities are not located within the 1000TSACE AIWW easement area. If not, then the
State Property Office has no comment on the proposed project.
MAE=
NOV 0 1 yp'il
MP SEC'I'loh,
State of North Carolina I State Property office DCM- MHr)
116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Ralelgh, NC 27699
984 236 0270 T I W& http://www.ncspo.com

IZOY C00f1ER
Govrrnor
[11ZABETH S. BISER
Secretary
BRAXTON DAVIS
Dilecror
October 7, 2021
NORTH CAROLINA
E nVironmental Quality
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28567
Fax-, 252-247-3330 (Courier 11-12-09)
r carnerodu
_Lk&NQ -.NR.gpy
SUBJECT: LAMA
Applicant; Edward Gunther
Project Location- 6 124 Bald Eagle Ln, adj. to the A IWW in Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8x 20' floating platform,
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2021. Ifyou have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY- This agency has no objection to the project as proposed,
"Additional comments may be attached"
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
PRINT NAME M c " k f, V ", ­,_C%" n d�
AGENCY N ('� vc. .
SIGNATURE
RECEIVEL)
DATE
OCT 15 202,
O
MP MHD
CIN
Ty
fiC
()m./96.72.15

ROY COOPEP,
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 7, 2021
MEMORANDUM."
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28567
Fax: [phone] (Courier 11-12-09)
[e-mail]
SUBJECT: CAMA
Applicant: Edward' Gunther
Project Location: 8124 Bald Eagle Ln, adj. to the AIKIWin Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8'x 20'floating platform,
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or, viewpoint on the proposed project and
return this farm to Cameron Luck at the address above by November 3, 2021. if you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
**Additional comments may be attached"
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.
PRINT NAME m.
AGENCY RECEIVED
SIGNATURE NOV 0 8 20211:
MP SEqrphl
1
DATE MI - MHD 0TY
0, V a[ Management
North C ... fin. Department of Environmental Quality Uv15lon of Coast
Wilmington Office 1 127 Cardinal Drive Fxtension I Wilmington, North Carolina 28405
910,796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 7, 2021
r, 714IT116TIT-1 L111401411.1
NORTH CAROUNA
Environmental Qivallty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.gov
SUBJECT: CAMA
Applicant: Edward Gunther
Project Location: 8124 Bald Eagle Ln, adj, to the AIWW in Wilmington, New Hanover County
Proposed Project: Proposal to install a second access ramp with an 8'x 20'floating platform,
adding two (2) slips for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2,021. if you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X 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.
PRINT NAME Kimberlee, Harding
AGENCY NCDMF
SIGNATURE /S "Ale,
DATE 11/3/2021
NOV 0 3 ?071
AAP SECTIC)IN
DCM - MHD CIT"
North Carolina Department of Environmental Quality d Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

MEMORANDUM
To: Cam Luck
From: Mike Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application Ed Gunther, New
Hanover County
Date: November 5, 2021
'This project appears to be consistent with the New Hanover County Comprehensive
Land Use Plan Update
The applicant proposes to install a second access ramp with an 8' x 20' floating platform,
adding 2 slips for a total 4 slips, The project is located at 8124 Bald Eagle I.,ane, New
Hanover County.
Areas of Environmental Concern (GEC's) impacted by the proposal are EW and PTA.
Waters at the project site are classified as SA-ORW and are open to the harvesting of
shellfish. 'The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the New Ilanover County
Comprehensive COMA Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, Wilmington -New Hanover County allows development in Conservation
classified AECs, which is consistent with the State's minimum use standards. The New
Hanover County Comprehensive Land Use Plan contains some policies, which exceed
the State's minimum use standards. However, none of these policies appear to be
applicable to this project.
Provided all local, state and federal requirements can be met, this project appears to
be consistent with the New Hanover County Comprehensive Land Use Plan.
NOV 0 5 2021
. MP SECTION
DCM - MHD CITY

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Ed Gunther, c/o, Debbie Wilson
2. LOCATION OF PROJECT SITE: 8124 Bald Eagle Lane, New Hanover County,
Latitude: 340 28'31,48" N, Longitude: 77"75'39,03"W
3., INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 110/11/2021 Was Applicant Present — No
& PROCESSING PROCEDURE: Office — Wilmington
Application Received
9/28/20�21
DWR WQC Pre -film g date: ]—NlAk--
Application Complete
9/28/2021
Day 30 for WQC Pre -filing
NIA
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington -New Hanover County
Land Classification; From LUP - Conservation
(8) AEC(s) Involved: EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A Planned - NA
(F) Type of Structures:
Existing - Bulkhead and a 2-slip docking facility that includes a boatlift and gazebo.
Planned - A second access ramp and new 8'x 20' floating dock,
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7.
9
HABITAT DESCRIPTION:
[AREA]
nRFnr.Fn Pn i Pry, C)TWPP
(A) Vegetated Coastal Wetlands
(B) Non -Vegetated Wetlands (Open water)
160 ft2
(incorporated)
JKOther - High Ground
(D) Total Area Disturbed: 160 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to install a second access ramp With an 8' by 20'floating platform, adding 2
slips for a total of 4 slips.

8124 Bald Eagle Lane, Ed Gunther
Page Two
9. PROJECT DESCRIPTION
The project site is located at 8124 Bald Eagle Lane, on the Atlantic Intracoastal Waterway (AIWW), in New Hanover
County. To locate the project site from the Wilmington Regional Office (WiRO), travel north on Market Street (NC
Highway17), turn right onto Porters Neck Road and travel approximately 1 mile to the traffic circle, take the second exit to
stay on Porters Neck Road and travel another 1A miles and then turn right onto Bald Eagle Lane, Travel approximately
0.3 miles and the property of interest will be located on the left.
According to the applicant, the Gunther parcel located at 8124 Bald Eagle Lane has an elevation between 5'-17' above
NHW and is approximately 0.68 acres. 'The parcel is bordered to the north by a vacant lot, to the south is a single-family
home, to the west is Bald Eagle Lane, with the AIWW to the east. The parcel has approximately 105' of shoreline frontage,
currently stabilized by a vinyl bulkhead that approximates normal high water (NHW). The lot has an existing single-family
home with the high ground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses,
Waterward of the existing bulkhead is a strip of sand beach exposed at low tide which then transitions to the open waters
of the AIWW.
The bulkhead was recently replaced two feet waterward of the previous alignment through General Permit 7'7749-D
issued on January 14, 2021, General Permit 80182-D was recently issued on June 21, 2021 to reconfigure the existing
docking facility. The current configuration includes a 6' by 130'fixed pier with a 16' x 16' gazebo located in an 'L-head'
position on the south side of the access pier. A fixed 4' by 40' ':T-Head' is located at the end of the access pier directly
waterward of the gazebo in a position parallel to the shoreline. An access ramp extends from the 4' by 40' fixed pier
waterward onto an 8' by 20' floating dock positioned perpendicular to shore with a boatlift installed on the north side of
the floating dock within a slip,
The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the
adjacent high ground portion of the project area as Residential. The waters of the AIWW are classified SA-ORW by the
Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries, They are OPEN to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to install a second access ramp with an 8' by 20' floating platform, adding 2 slips for a total of 4
slips. The proposed second access ramp and 8' by 20' floating dock would extend from the southern end of the 4' by 40'
fixed 'T-head' to mirror the existing access on the north side of the 7-head'. An additional 160 ft2 of Public Trust Area
would be incorporated. The docking facility currently extends approximately 167' into the water past the'/ width of the
596' wide waterbody but would be within the existing pier headline. The new floating platform would not extend past the
existing permitted floating platform or pier headline as determined by the adjacent docking facilities to the north. The
docking facilities to the south are closer to the shoreline because they are served by a historically dredged access
channel. Water depths taken by the DCM on June 21, 2021 prior to issuing General Permit 80182-D are consistent with
the water depths on the application. No encroachment into either riparian setback is anticipated (see Sheet 2 or 3).
10. ANTICIPATED IMPACTS
The proposed project would result in incorporation of an additional 160 ft2 of Public Trust Areas and the addition of 2 boat
slips. No encroachment into the 15' riparian setback is proposed nor is encroachment past the pier head -line. Minor
increases in turbidity should be expected during project construction.
Submitted by: Katharine Elks Date: October 4, 2021 Office: Wilmington

Narrative
As acting agent for Ed Gunther who owns 8124 Bald Eagle Lane, adjacent to the
AIWW, New Hanover County, Wilmington, NC, I ara submitting the enclosed
CAMA Major Pen -nit application for modifications to his docking facility which is
currently under construction and was authorized by CAMA General Permit 480182
(copy included) on 6/21/2 1. This application is for the addition of a second access
ramp and 8' x 20' floating dock which will be located on the southwest end of the
4' x 40' fixed platform and extend perpendicular to the AIWW.
This floating dock will provide dockage for 2 additional vessels, creating a 4-slip
docking facility. As proposed, the structures will not encroach into either of the
adjacent 15' riparian corridor setbacks nor extend beyond the currently authorized
floating dock.
Please feel free to contact me if you need any additional infort-nation or have any
questions.
SEP 2 8 2021
DCM WILMINGTON, NC

L'-PPLICHION for
Major Development Permit
(lost revised 0I.
6)
North Carolina DIVISION OF COASTAL MANAGEMENT
Business Name Project Name (if applicable)
Applicant 1: First Name MI Last Name
Ed Gunther
Applicant 2First Name Ml Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
8124 Bald Ea Ile Lane Willmin ton NC
Z -1; �T I 'o
Country
ZIP Country Phone No. FAX No.
28411 USA 910- 318 -6000 ext-
Street Address (if different from, above) City State ZIP
Email
[e-mail]
I Business Name
,±g �nl ontractor I : First Name W Last Name
— Debbie D Wilson
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
16275 lmin ton NC
ZIP Phone No. I Phone No. 2
28408 910 - 612 0402 ext. ext.
FAX No. Contractor
-
Street Address (if different from above) city- -State Zi P
Email,
d ebbiew'75 @charter. net -IQI;c 2USM
<Form continues on back> S)[P 2 8 2021
"-5 w'vw. t 'I In s1 n aa q e r-in, c-- n t . n Y. 1"

Major Development Permit
3. Project Locatio
County (can be multiple)
Street Address
State Rd. #
New Hanover
8124 Bald. Ea
1401
Subdivision Name
City
State
Zip
Porters Neck Plantation
W ilmington
NC
128411
Phone No.
—
Lot No.(s) (ifmany, attach additional page with list)
910- 318 -6000 ext.
2,
a. In which NC river basin is the project boated?
b. Name of body of water nearest to proposed project
—White Oak
Al
c. Is the water body Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site,
®Natural []Manmade DUnknown
Middle Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
NYes E]Nc
work falls within.
New Hanover County�
4. Site Descnptjon
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
— 105"
29863
c, Size of unclividual lot(s)
cl, Approximate elevation of tract above NHW (normal high water) or
0.68 acres,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
51 - 171 [KNHW or EINWL
e, Vegetation on tract
Ornamental landscaping, Oak trees and lawn grasses.
f. Man-made features and uses now on tract
Single family residence, bulkhead, private pier, boatlift and floating dock.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential R-20S
(Attach zoning compliance certificate, if applicable)
NYes EINO EINA
j, Is the proposed activity part of an urban waterfront redevelopment proposal? E]Yes NNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ElYes, XNo EINA
If yes, by whom?
l. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes ®No EINA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
SIEP 2 8 HZI
a - 12 Na 0 B I w, vv vv. n c' C 0a, 'n OCKWILMiNGTON, NC

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
Are there wetlands on the site? F]Yes ®No
(ii) Are there coastal wetlands on the site? RYes ®No
(M) If yes to either (i) or (it) above, has a delineation been conducted? r-lYes No
(Attach documentation, if available)
n. Describe existing wastewater treatment fa6lities.
Septic system
o. Describe existing drinking water supply source.
Municipal
p, Describe existing storm water management or treatment systems.
None
5. Act vities and Impacts
a. Will the project be for commercial, public, or private use?
FICommercial E]PubIic/Government
Wrivate/Community
b. Give a brief description of purpose, use, and daiiy operations of the project when complete.
Private residential docking facility
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Typical marine construction with a barge mounted pile driver.
d. List all development activities you propose.
Install a new access, ramp and floating dock
e. Are the proposed activities maintenance of an existing project, new work, or both?
New
f. What is the approximate total disturbed land area resulting from the proposed project?
ERSq.Ft or ElAcres
160
g. Will the proposed project encroach an any public easement, public accessway or other area
E]Yes NNo EINA
that the pubHo has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None proposed
l. Will wastewater or stormwater be discharged into a wetland?
FlYes EJNo NNA
If yes, will this discharged water be of the same salinity as the receiving water?
RYes EINo RNA
j, Is there any mitigation proposed?
E]Yes FlNo XNA
If yes, attach a mitigation proposal.
2
�E-P 2 8 2021
Dr, WL IPA ON, N
ON,
""�'�5 1& 0. 2 8 0, 19 1 - -51 8 8 - 4, R CZ C-14 P ; S , T �m'd W , n T"; e o a is t 'a "� �-n 'Yr a 1� n, �, e V., 0 C

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
a. A project narrative,
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail, Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management,
Name David & Ann Caudle Phone No.
Address 8120 Bald Eagle Lane, Wilmington, NC 28405-9305
g. A list of previous state or federal permits issued for work on the project tract, Include permit numbers, permiftee, and issuing dates,
CAMA GP #77749-D issued to Ed Gunther on 1/14/21 for new bulkhead
CAMA G:P #80182-D issued to Ed Gunther on 6121/21: for new docking facility
I h. Signed consultant or agent authorization form, if applicable.
I L Wetland delineation, K necessary. I
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 11 3A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Art.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit,
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 9/19/21 Print Name Debbie Wilson, Agent
Signature ,_Agent
Please indicate application attachments pertaining to your proposed project,
EJDCM MP-2 Excavation and Fill Information EIDCM MP-5 Bridges and Culverts RECEIVED
EIDCM MP-3 Upland Development
XDCM MP-4 Structures Information SIfs ­ P 2 8 202 j
DC M WILMINGTON, NC
x 2 8 `1 �,' � "�� - 4 8 a, - 4 P C' 0 % 4�7 c'o "2 'u�1' ri 'e, cn' e n n' It
3, - 83� G - ;r� �0' D t

A SkIllsil't ki
(Construction within Public Trust Areas)
Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information,
a. (1) Is the docking faeffity/marina:
ElCommerdial EIPuNic/Government XPrivate/Community
c. (i) Dock(s) and/or pier(s)
(J) Number
(iii) Length
(iv) Width
(v) Floating []Yes E]No
b, (I) WHI the facility be open to the general public?
[--]Yes ®'No
d. (i) Are Finger Piers included? E]Yes SNo
If Yes:
(ii) Number
(HI) Length
(iv) Width
(v) Floating F71Yes []No
e. (I) Are Platforms included? ®Yes [:]No
t (1) Are Soatlifts, included? E]Yes ®No
If Yes:
If Yes;
(ii) Number 1
(I!) Number
(Ili) Length 20'
00 Length
(iv) Width 8.
(iv) Width
(v) Floating XYas L]No
Note: Roofed areas are calculated from dripfine dimensions,
g. (i) Number of sHps proposed
h. Check all the types of services to be provided.
2
EJ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
2 authorized under GP #80182-D
E] Dockage, fuel', and marine supplies
and currently under construction
X Dockage ("wet slips") only, number of slips: 2
El Dry storage; number of boats:
El Boat ramp(s): number of boat ramps:
[I Other, please describe:
i. Check the proposed type of siting:
D Land cut and access channel
ElOpen water; dredging for basin and/or channel
CROpen water; no dredging required
E10ther; please describe:
k. Typical boat length: 16' - 26'
m. (i) Will the facility have tie pilings?
ElYes ®No
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open Runabout
I. (i) Will the facility be open to the generaft—thIVED
E]Yes IZNo
S�
P L , - 2 8 2 ['121
DCM WILMINGTON, NC

a. Check each of the foilowing sanitary facilities that will be included in the proposed project.
Office Toilets
Q Toilets for patrons; Number: ; Location:
® Showers
El Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish.. offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of"No Sewage Discharge'" signs proposed.
(ii) Give the location and number of Tumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants„ such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h• Give the number of channel markers and "No Wake" signs proposed..
1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing"?
i. If this project is an expansion of an existing marina, what types of services are currently provided?
ISEP 2 8 2021
na t%l, �H�`i �.„ease? .. ,� b� iVq ry sr, J,Gr+���'"',:-:"� rm:%gsWt!

OCE',A, SW3il P,,4 ,t frilage ut 4
M. Is the marina/docking facility proposed within a primary or secondary nursery area?
OYes nNo
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes ®'No
0. Is the marinaldocking facility proposed within or adjacent to coastal wetiands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB)7 or other wetlands (WL)? V any boxes are checked, provide the number of square feet affected.
FCW _ CSAV [TSB
FWL — E]None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? nYes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
a. (i) is the boathouse structure(s);
ElCornmerdal []Public/Govemment ElPrivate/Community
(11) Number
(iii) Length
(iv) Width
Note,: Roofed areas are calculated from dripline dimensions,
a. () Number
(H) Length
(iii) Width
EA AMR grad, ire qeeta)-,
:a This s,eotjon notapplicable
a. Length b. Average distance from NHW, NWL, or wetlands
r— Maximum distance beyond NFIW, NWL or wetlands
a, is the structure(s):
ElCommercial E]Public/Government E]PrivatelComm unity
C. Distance to be placed beyond shoreline
Note: This Should be measured from marsh edge, if present.
e. Arc of the swing
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
DCM WILWINGTON, NC

a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
83' to the east & 16'to the west 88' to the east & 74' to the west
Note.- For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
596,
e. (i) Will navigational aids be reqWred as a result of the project?
®',Yes ®No r7NA
(ii) If yes, explain what type and how they will be implemented'.
a. Give complete clesonlotion:
d. Water depth at waterward end of structure at NLW or NWIL
_f_@ NLW
I nstalf a new access ramp and a new 8' x 20' floating, dock on the southwest end of the 4' x 40,
fixed atform -pL- rnas
authorized by CAMA GP #80182-D on 6/21/21
goffl=
S E F' 2, 6' � 1) 2 �
DCM MMINGTON, NC

ROY PER
Governor
ElLiZABETH S. BISER
seasrary
BRAXTON DAVIS
DirecTor
October 4, 2021
Dear Ms. Wilson:
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Ed
Gunther, for State approval for development of the subject property located at 8124 Bald Eagle Lane, adjacent to the
Atlantic Intracoastal Waterway (AIWW), in New Hanover County. It was received as complete on September 28,
2021 and appears to be adequate for processing at this time. The projected deadline for making a decision, is
December 12, 2021. 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.
If this agency does not render a permit decision within 70 days from September 28, 2021, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 11 3A-1 19(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,
Katharine Elks
Field Representative
cc: Cameron Luck, DCM John Perry, DWR
USACE Ed Gunther, Applicant.
Christine Bouffard, LPO
North Carolina Department of Environmental Quality � Division OfCoastal Management
Wilmington Office 1 127 Cardinal Drive Extension 9 Wilmington, North Carolina 28405
4gw 9101%-7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 7, 2021
GanLegPubNotices(&gannett.corn
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
0 Edward Gunther
Hello: Please publish the attached Notice in the Wednesday, October 13,2021 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice far payment to Tanya Piefila at the NC Division
of Coastal Management,127 Cardinal Drive Extension, Wilmington, NC" 28405,910-796-7226
(Customer No. 489895).
Thank you for your assistance in this
me at our Wilmington office.
CC' MHC Files
Cameron Luck — MHC
USAGE
you should have any questions, please contact
Tanya
Support & Customer Assistance
North Carolina Department of EnV`ironmenta� Quality I Division of Coastal Management
Wilmington Office � 127 Cardinat Drive Extension � Wilmington, North: CaroHna 28405
V.V.mt Gj— U1 Q.Wy%.-
910,7967215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT'
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-1 19(b), that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On October 4, 2021, Edward Gunther
proposed to install a second access ramp and floating platform, increasing slip count from two (2)
to four (4) at 8124 Bald Eagle Ln., adj. to the AIWW in Wilmington, New Hanover County. Copies
of these applications can be examined or copied at the office of Katharine Elks N.C. Dept. of
Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC
28405, [phone] during normal business hours,.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to November 3, 2021 will be
considered in making the permit decision. 1,ater comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review & comment by the
public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
No!rthCarotina Department ofEnvironmental Quafity � Div ision of Coastal Management
Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carufina28405
4�pw 910.796.7215

Name of Property Owner Requesting Permiti
MaiHng Addrm: 8124 Bald Eagle Ln.
Wilmington NC 284 11
Phone Number- [phone]
Ern i-I i Address: [e-mail]
Ed Gunther
1 Certify T11-1 at [ Have Authorized Debbie Wilson
' o Act On My Behalf, For The Purpose Of Applying and Obtaining All Permits Necessary For iTne
F I, ciflowing, Proposed Development'.
At My Property Located At:
LOUnty.
3
i . f'�:rMerrnore certify that I am, outhorized to grant, and do in fact grant permission to Divisiun 0-f
Coosta!,Vanagement staff, the Local Pe""it Officer and staff and their agents to enter- on the
oforementioned loads in conriection with evoluating informaVon related to this permit
application.
Print or tyjae name
G LU Pj FLU
Title
/
Octe
This Certification is Valid Through:
maim=,
SEP 2 8 2021
DCM WIll-MINGTON, NG

• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you,
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Chri�s and Kelly Buffalino
439 Whitebridge Road
Hampstead, NC 28443-2010
I :
�p:111 1� 1 111111 1 11111p:
0111011211111111 M-
mbe
7020 2450 0000 7529 1431
PS Form 3811, My 2020 PSN 7630-02-000-9M
• Complete items 1, 2, and 3.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to.
David and Ann Caudle
8120 Bald, Eale L
Wilmington,
x El Agent
0 Addressee
S. Received by (Pj"Wama) C" 1I ate of Delivery .,%101-1-0
D. Is delivery stern if 0 Yes
If 11==10w: [3 No
SEP 2 8 ?112-�
3. Service Type
0 Priority Mail ExpressO
El Adult Signature
13 Registered Mallr�
Signature Restricted Delivery
0 R Ir Mail Restricted
Cart i *d WHO
'fled
0 lfled Mail Restricted Delivery
el
D%
0 Vgnaturis Conlirmation'M
0 Collect on Delivery
0 Signature Gonfirmadon
❑ oTlect on Delivery Restricted Delivery
Restricted Delivery
0 Insured Mal
❑ insured Mart Restricted Delivery
Domestic Return Receipt
A. signature
x 4e
R.Received by (P#nt4
��Awjamm
I'm
C. Date of Delivery
D. Is delivery ad i;17 13 Yes
If YES, enter Iffits'Eme OMW-. LI No
SEP 2 8 2021
DCM WILMINGTON, NC
S. Service Type
0 Priority Mall ExpressO
• Adult Signature
0 Registered Mal
• Adult Signature Restricted Delivery
0 Re � Marl Restricted
0 Certified Mal[@
ej�
I
9590 9402 666:7 1060 1242 16
• Certified Mail ResWeted Delivery
0,Collect on Delivery
0 Signature Confirmartion"m
0 Signature Confirmation
2. Arti ransfer from sen
Cie U ber
El Collect on DeliveryRestdcled Delivery Restricted Delivery
----
0 Insured Mail
?020 2450 0000 7529 1448
0 Insured Mall Restricted Delivery
(over$500)
PS Form 3811, July 2020 PSN 7530-02-000-9053
Domestic Return Receipt

I
h
C-
............
li
A
C)
LU
>
—
Lu
Q0
2E

M&
Existing and Proposed Structures
AIWW
—15'---j 15' 1
Setback I Setback
i � I
M I❑
- n L1 �wm l
gg' o x
aow
13' x 13, 0
Boatlift - m
Under
Construction
O3' Proposed W,
4' x 40' Under Co s rudio
i 16 I
urwer � i
coos�,a�oe
7
O
\U t
� I
G\
O i
Existing Bulkhead I
V E'COVE:D
P
DC,M WILMINGTON, NCL
Chris & Kelly Buffalino
61211 Bald Eagle Lane
Wilmington, NC
c jI Existing
w 1{p{
W
105'
Ed Gunther
11
8124 Bald Eagle Lane
Wilmington, NC
Ed Gunther
8124 Bald Eagle Lane
Wilmington, New Hanover County
Drawn By: Debbie Wilson
9/17/21 Scale: 1" = 20'
Sheet 2 of 3
LEGEND:
0 = Water Depth
Relative to NLW
= Slip Numbers
® = Docking Facility
Under Construction
Authorized By
GP #80182-D
nel
Adjacent Pier
Line
NLW—�`
David &Ann Caudle
8120 Bald Eagle Lane
Wilmington, NC
0
W

Mi
39
"U
-"q
I
SEP 2 8 2021
DCM WILMINGTON, NC
Ed Gunther
8124 Bald Eagle Lane
Wilmington, New Hanover County
Drawn BY: Debbie Wilson
9117/21 Scale: 1 10'
Sheet 3 of 3

CAMA DREDGE& FILL 1114`9 80182
A B C C
GENER
LIPrevious permit #Modificon -��Ccimplete Reissue i-PartW Reissue Date previous permit issued
Asauthorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commscion rn an area of environmental concern Pursuant to I SA NCAC
AulesaIttach
ed
Applicant NamProject Location: County I
Address'
Street Address/ State Road/ Lot #(s)
C4 State ZlP
Phone # () 1� 1, IE-Mad
Authorized Agent
Aje'n"t-car "-Appk art' P-rurriedN' am: e
Signature Please read compliance staternenton track ofpermit
Pennit0ifficer"s Printed Narne
SEP-2S
Signature
DCM WILMINGTON, NC

RECEIVED
S EIre 2 8 2021
DCM WILMINGTON, NC
All 111 I �F�3R REErYTRATrQN RBEASfER OF i7EEG7S
mill l�' tA�&'N@Y TWEUSCW pE�65LE"K
NEW ElANO1+ER COUNTY, CrVC
2015017143 215 JUN 10 G4 37 53 PM
Bit 58% PG 1610-1612 FEE $26 00
1ORT I NIR743
r M
r l F t F Fr
OF NEW HANOVER Q_1A_JQ_LAIM DYED
DRIVE, PINEHURST, Ne 28374, GRANTOR, to GLORIA BONE GUNTHER, married, of
WITNESSF;TH;
That said motor, for and in consideration of the sum of 'Ten (10.00) Dollars to him in.
hand paid, the receipt of which is hereby acknowledged, has remised and released and by these
presents does rise, release, convey and forever quitclaim unto the Grantee .and his heirs and/or
successors and assigns the right, title, claim,, and all of his interest in and to a certain tract or parcel
of land lying and being in New Hanover Cory, State of North Carolina, and more particularly
described as follows:
Lot 2, Section I;, Porter's Nock Plantation as shown on a plat map thereof recorded ed in Map
Book 5 at Page 45 together with all right, title, and interest of Grantors, if any, in that
portion of land and water, lying between the Property and the Atlantic Intracoastal
Waterway within time lines extending the boundary fines of the Property as shown on the plat
map thereof recorded in Map Book S at Page 45 running at right angles to the road across,
inter arlara,, the land and water to the Atlantic Intracoastal Waterway and as acquired
pursuant to instrument recorded in Book 2429 at Page 340 of the New Hanover County
Registry subject to and together with of ty easements, restrictive covenants, and other
encumbrances of record that are enforceable against the property, if any, and the lien for ad
valorem taxes or other assessments for the current year, such matters, provisions and
IRETURNm

C
I)EP 2 8 2021
reservations as are shown on the hereinabove described plat map, ands&h *i0"bM**fijJg
or other ordinances.
The Designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required
by context.
IN WITNESS WHEREOF, the Grantor has heremto set his hand and seal, or if corporate
caused this instrument to be signed in its corporate name by its duly authorized officers and its s
to be hereunto affixed by authority of its Board of Directors, thedV and year first above written-
JUW416 M
2901 a z 16) :-4 1 86
COUNTY OF M C)c)<- -e—
I, � , a Notary Public of the State of North Carolina. and
County of a e -.i$ do hereby certify that IC EDWARD GUNTHER and wife,
GLORIA BONE GUNT1-1ER personally appeared before me this day and acknowledged due
execution of the foregoing instrument for the purposes therein expressed.
Witness my hand and official seat this q+V-) day of, Qn —1 2015.
My Commission Expires: q — I fl —;n 1'`
p On

RECEIVED
S E P 2
0CM WILMINGTON, NC
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration 06110/2015 04-37 53 PM
Book* RE 5895 Page 1610-1612
Document No.. 2015017143
3 PGS $26.00
Recorder: HUGHLEY, CAROL
State of North Carolina, County of Now Hanover
*2015017143*
2015017143

October 7, 2021

MEMORANDUM:

FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
[e-mail]

SUBJECT: CAMA

Applicant: Edward Gunther

Project Location: 8124 Bald Eagle Ln, adj. to the AIWW in Wilmington, New Hanover County

Proposed Project: Proposal to
adding two (2) slips for a total of four (4) slips.

Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by November 3, 2021. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.

REPLY: _____ This agency has no objection to the project as proposed.
**Additional comments may be attached**

_____ 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.
PRINT NAME______________________________________

AGENCY _____________________________________

SIGNATURE __________________________________

DATE _________________

DIVISION OF COASTAL MANAGEMENT
APPLICATION 'TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Edward Gunther (c1`o Debbie Wilson) COUNTY: New Hanover
PROJECT NAME: 8124 Bald Eagle Lane
LOCATION OF PROJECT: 8124 Bald Eagle Lane, ail, j. to the AI1€ V in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-28-21 PREFILE DATE: n/a
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: Ells
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luek
PUBLIC NOTICE REC'D: 10-13-21
ADJ. RIP, PROP NOTICES REC`D:
C) 75 .DAY DEADLINE: 12-12-21
HOLDS:
MAIL OUT DATE: 1.0-7-21
To Be Forwarded: N/A
PERMIT' FINAL ACTION: ISSUE DENY
DISTRICT OFFICE: VWILMINGTON
FEE REC'D: $250#510
END OF NOTICE DATE: 11-3-21
M"I2114IMW1',
150 DAY DEADLINE:
STATE DUE DATE: 11-3-21
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
DCM - LUP Consistency Determination
Local. Permit Officer
Carps of Engineers - Regulatory Branch
D WR - 401 Section
DWR - Public Water Supply
DEMLR - Storm Ater
DEMLR - Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF - Shellfish Scction
DMF - Habitat & Enhancement
DNCR --- Archives & History
DNCR .-- Natural Heritage Program.
NCDOT
NC Dept of Commerce

Ica, i r r
r .,.,,
€:�7�iCbiT C G Ck . ,, ,, /� ✓ ,, �/% / r� � r r„ � ////rG � r ri
/,//: i� / r of ✓ "
/
„ _/.. , „/. ( r ri ,,, /ri o /. / sir r, /vii. ,,,,
rr �" /✓ / . / / ,. , ,. r , r, , / ..,,,
ur �,, ./ / /�%/% / ;r ,, ;/, r,, l ,„ / /// ///r%i ,/� ✓ / // of // /�//ii /„r /�!„r / // / r r/
,
, f
,,„r r. <. r r. - ,� ,�� r
,. ri /i roil -,„ „ / ,,rur rr ,,,,
%r r / / /i/ . I/ it , �, rill r/Jr ,:.:%/ ri ,.,. rii ,,,,� o ;/ /
ro% / rii . /- /// /i/ %,r /ii/„ // /i ii a /
a{ / r/ r/ /, r / // r ri/ i '///
�„rr/ ✓c/ o
AP/
,,,-„ , , ,,,,,, , ";,w r, , .; ,, ,,
i „,,,r,..
�,IS, �VG / F� , Jai3O/17
, / „rrr
/i ri i ori/ ri /
rr,,,, /io
o ✓i rrr,"AM',
rr r, o -, /r
�� IU �
i 1 /
„
, . r�/!
„r r3#' SIR7d f Wfi�
r / � ter/ r r // rrr
i, r , , r,/ .. / ... li r , ,. ,. /i r r,
///�/// /r ///i /�/ // / �/o�//
ri/ ..... r//i✓ / rri//�// r///./ r/%rrr

RECOMMENDATIONS FOR 8124 Bald Eagle Lane, Ed Gunther 10/4/2021
Shoreline length = 105'x 8'= 840 ft2 (maximum allowable)
Existing pier = 6'x 130' = 780 ft2 (credit)
Existing gazebo 16'x 16' = 256 ft2
Existing platform = 4'x 40' =160 ft2
Existing floating dock = 8'x 20'=160 ft2
Existing boatlift = 13'x 13' = 169 ft2 (not counted)
Proposed floating dock = 8'x 20' = 160 ft2
TOTAL = 736 ft2
Additionally, it appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight -
square foot rule and the pier width rule. This office has no objection to the proposed work, provided it is consistent with all other local,
state, and federal permitting requirements, Any pen -nit issued should include standard conditions for excavation and private docking
facilities.

. I
DCM Coordinator: Gregg Bodnar County:
Cam Luck Permit #-.
Circle on : Bio Re rt / Permit for:
Oversize P=Iannt: L4k
DCM Offices: O�Vlv
Morehead City.- PT (if oversize) via Courier
*cc Gregg, Cam & Amanda on group email wl bio.narr.app.drawings, deed, comment sheet
*MHC documents (&AM& Amandp)
Wilmington: Original hard -copy I/
ONLY USACE & DWR (wiro): Recommendations, PN, Letter wlSite Card, Fee Chart and Agent Authorization
LISACE Wilmington:
der & Carteret Co): PN, CL, Reports, Split Sheet
[e-mail]
use both
(NH/BR): PN, CL, Reports, Split Sheet_
I Eg �Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources:
ol ey Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
401 (PNION): PN, CL, Reports, Split Sheet
+ John Perry (training) — 401: PN, CL, Reports, Split Sheet
A/h'eri
Div of Water Resources:
Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
---------------------------------------------------------------------------------------------------------------------------------
Marine Fisheries:
Wm Harding —
DCM Planner/WiRO:
-M/Ike Christenbury
Cultural Resources:
"'Renee Gledhill -Earley Environmental. Rqviqw(cDnqdenr.go
Natural Heritage Prog.
-1(odney Butler
DCA-Rural Eco. Derr:
,,ark Ziegler
NC DOT:
Ra/vid Harris
Wildlife Resources:
Maria Dunn wiReports
State Property Office:
-,Ti Walton: DEED
smi e Moser
ancla Hilliard, Real Property Agent (B,io Reports only)
Shellfish Sanitation;
1,1 remy Humphrey (Bio) /Shannon jenkins 6P-t)
,8�aron Gupton, Admin.
DEMLR:
ifiistine Hall - Stormwater Section
Dan Sams - Land Quality Section
Public Water Supply-,
,4eidi Cox
City of Wilmington:
katw'y'n �h,ur on
Enforcement:
Field' Rep: _
Co. LPG}
� - VM��O�
Agent:
DISTRIBUTED:
fAAAA1Q3,­­ —ni— I ief

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2021-02180 County: New Hanover County U.S.G.S. Quad: Scotts Hill

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Ed Gunther

Address: 8124 Bald Head Eagle Lane
Wilmington, NC 28411

Size (acres) Nearest Town Wilmington

Nearest Waterway AIWW River Basin Onslow Bay

USGS HUC 03020302 Coordinates Latitude: 34.283569; Longitude: -77.754655

Location description: The site is located in Waters adjacent to the AIWW at 8124 Bald Eagle
Lane, New Hanover County, NC.

Description of project area and activity: The proposal is to add a ramp and an 8' by 20 ' floating
dock to the docking facility, increasing the number of slips from two (2) to four (4). This
floating dock will be added to the west side of the dock, mirroring what has been constructed
on the east side and creating a "U Shaped" dock.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number: 197800056

Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must 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.gov/nc-es/mammal/manatee_guidelines.p

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated September 17, 2021. Any violation of the attached conditions
or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is

completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at [phone] or
[e-mail].

Corps Regulatory Official: ___________________________ Date: July 15, 2022
Expiration Date of Verification: December 31, 2026

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copies furnished by email:

Debbie Wilson
Cameron Luck (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2021-02180 County: New Hanover County

Permittee: Ed Gunther

Project Name: 8124 Bald Eagle Lane / Wilmington / New Hanover / Ed Gunther

Date Verification Issued: July 15, 2022

Project Manager: Gregory Currey

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the
U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the
Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses, and boat shelters will be pile-supported or
floating structures.
2. Pilings, dolphins, jetties, and breakwater structures may be constructed of
wood, metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete,
or rock riprap.
3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize dredging or excavation, or the discharge of dredged,
excavated, or fill material within waters of the U.S., except for the placement of
structures for jetty, breakwater, or groin construction. This RGP does not authorize any
work on Atlantic Ocean beaches.
The following definitions will be used for purposes of this RGP:
a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by
the plane of the mean (average) high water. The precise determination of the actual
location of the line can be established by survey with the reference to the available tidal
datum, preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the
Wilmington District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the
Federally Authorized Channel Setback, unless the activity is approved by the Corps. The
Permittee must submit the information described in General Condition "y" and obtain
approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the
construction of any structures within the Federally Authorized Channel Setback.
c. This RGP does not authorize construction across or into any natural or manmade
channel or waterbody in any manner that may adversely affect navigation by the general
public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be
extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHWM) elevation contour (tidal areas), or the Ordinary High Water Mark (OHWM)
elevation contour (non-tidal areas), or one-third (1/3) the width of a waterbody,
whichever is closer to the shoreline, except as otherwise governed by the presence of a
Federally maintained channel.
e. The width of any pier will not exceed six ( 6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
f. The total square footage of shaded impact for docks and mooring facilities
( excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 800 square feet. In calculating the shaded impact, uncovered open water
slips shall not be counted in the total. The maximum size of any individual component of
the docking facility (excluding the pier) authorized by this RGP shall not exceed 400
square feet unless the Corps determines, in writing, that a greater width is necessary for
safe use, to improve public access, or to support a water dependent use that cannot
otherwise occur.
g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square
feet. Boatlifts will be open and will not exceed 400 square feet.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. Docks and piers extending over wetlands will be elevated sufficiently (minimum
of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or
other elements of the aquatic environment.
j. Groins, jetties, or breakwater structures shall not be constructed in wetlands,
seagrasses, and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1) Water depth at the docking facility location is equal to or greater than two feet
at mean low water level: and
2) The pier and docking facility are located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located over submerged aquatic vegetation
shall be allowed if the water depth between the bottom of the proposed structure and the
substrate is at least 18 inches at mean low water level.
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas), or the OHWM elevation contours.
n. This RGP does not authorize the installation of fueling facilities on authorized
structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas.
s. No jetty shall be constructed during the period between April 1 and September 30
unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations in water
elevation, will be designed so that the structure will not rest on the bottom of the
water body at any time, and will be secured in such manner as to not break away.
u. Breakwater structures will be no longer than 500 feet. They will have a minimum
of one-inch openings between standard width (6 to 12-inch) sheathing boards and at least
one, five-foot wide opening for each 100 linear feet of structure.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. It is possible that the authorized structure may be damaged by wave wash from
passing vessels. The issuance of this permit does not relieve the Permittee from taking all
proper steps to ensure the integrity of the permitted structure and the safety of moored
boats. The Permittee will not hold the US liable for any such damage.
x. This RGP does not authorize habitable structures or any structure or associated
facility for non-water related use.
y. Structures and their attendant utilities, authorized by this RGP, located on lands
subject to an easement in favor of the US for the operation, maintenance, improvement,
and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the
expense of the Permittee, in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the US, the lands are needed at any time for any purpose
within the scope of the easement. Permanent buildings will not be constructed within the
easement.
z. This RGP does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
aa. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any of North Carolina's twenty coastal
counties be proposed by a Federal agency, a consistency determination pursuant to
Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the
North Carolina Division of Coastal Management before the onset of the proposed
activity.
General Conditions.
a. Except as authorized by this RGP or any Corps approved modification to this
RGP, no excavation, fill or mechanized land-clearing activities shall take place within
waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
b. Authorization under this RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of
the applicable Clean Water Act Section 401 Water Quality Certification for this RGP
issued by the North Carolina Division of Water Resources.
d. The Permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this RGP must not interfere with the public's right to
free navigation on all navigable waters of the U.S. No attempt will be made by the
Permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for a reason other than safety.
f. The Permittee understands and agrees that, if future operations by the US require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the US. No claim shall be made against the US on account of any such
removal or alteration.
g. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the US
and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
h. This RGP does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or
limit an agency's ability to conduct necessary operation and maintenance functions. Per
Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no
project that has the potential to take possession of or make use of for any purpose, or
build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work
or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow
areas, dredged material disposal sites, flood control projects, etc., shall be permitted
unless the project has been reviewed and approved by the appropriate Corps approval
authority. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Engineer prior to the initiation of any
activity that has the potential to modify or conflict with a federally authorized project.
i. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SA [e-mail].
j. The Permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this permit.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed
federal project.
n. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the US in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
o. Authorization provided by this RGP may be modified, suspended, or revoked in
whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this
RGP shall be five (5) years unless subject to modification, suspension, or revocation.
Any modification, suspension or revocation of this authorization will not be the basis for
any claim for damages against the US Government.
p. No activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic
designation or study status. Information on Wild and Scenic Rivers may be obtained
from the appropriate Federal land management agency responsible for the designated
Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service,
etc.)
q. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee
provides the Corps with a certification from the Secretary of Commerce that the proposed
activity is consistent with the purposes of Title III of the Marine Protection, Research and
Sanctuaries Act. Information on marine sanctuaries may be obtained at
http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the
Corps with a written certification from the Department of Commerce.
r. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit
the information described in General Condition "y" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The Permittee may not
begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this permit, you
must immediately notify the Wilmington District Engineer of what you have found, and
to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The
Wilmington District Engineer will initiate the Federal, tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
t. No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed*. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "y" to the Corps if any listed species or designated critical habitat may
be affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian Manatee and
if the activity may affect the manatee, the Permittee does not have to submit the
information in General Condition "y" to the District Engineer as long the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information described in
General Condition "y" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the US Fish and Wildlife Service (Service) in regard to the threatened Northern
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to federally-designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• The project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• The project is located in the 59 eastern counties of North Carolina and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a RGP must check to see if their project is located in the
range of the NLEB by using the following website:
http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the Permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• Is located in a 12-digit Hydrologic Unit Code area ("red HUC" -shown as
red areas on the map), AND/OR;
• Involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• Tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• Bridge removal or maintenance, unless the bridge has been inspected
and there is no evidence of bat use, ( applies anywhere in the range of the
NLEB), AND/OR:
• Percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable RGP
terms and general and special conditions, and if the Permittee's review under A.(l)
and A.(2) above shows that the project is:
• Located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located in a red HUC, but the activity will NOT include tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency -if that other federal
agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all RGP general and
special conditions are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHW A have
conducted programmatic Section 7(a)(2) consultation for a number of federally listed
species and habitat, and programmatic consultation concerning other federally listed
species and/or habitat may occur in the future. The result of completed programmatic
consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These
PBOs contain mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" of whichever species or critical
habitat is covered by a specific PBO. Authorization under this RGP is conditional upon
the permittee's compliance with all the mandatory terms and conditions associated with
incidental take of the applicable PBO (or PBOs), which are incorporated by reference in
this RGP. Failure to comply with the terms and conditions associated with incidental take
of an applicable PBO, where a take of the federally listed species occurs, would
constitute an unauthorized take by the permittee, and would also constitute permittee
non-compliance with the authorization under this RGP. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements
in any RGP verification that may be issued for a project. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its PBO, and with the
ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. If the Permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the Permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
y. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory
Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre-
Construction Notification Form.
1. Name, address, email and/or telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community,
and county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description must be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings must be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings must contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans).
z. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This RGP does not authorize any activity prohibited by the National Flood Insurance
Program.
aa. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the Permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
[e-mail].
bb. The Permittee must maintain any structure or work authorized by this permit in
good condition and in conformance with the terms and conditions of this permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or
work. Transfer in fee simple of the work authorized by this permit will automatically
transfer this permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The Permittee must inform any subsequent owner of all activities
undertaken under the authority of this permit and provide the subsequent owner with a
copy of the terms and conditions of this permit.
cc. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance
with 33 CFR 325 will be available.
dd. Except as authorized by this RGP or any Corps approved modification to this
RGP, all fill material placed in waters or wetlands shall be generated from an upland
source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials (including debris from land clearing activities), or unsightly
debris will not be used.
ee. Except as authorized by this RGP or any Corps approved modification to this
RGP, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this RGP will remain authorized provided the
activity is completed within twelve months of the date of the RGP's expiration,
modification, or revocation. Activities completed under the authorization of this RGP
that were in effect at the time the activity was completed continue to be authorized by the
RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
r_,---/ ·~ ~ ~~z,/ __ _ I .,,/ / ,·
---/~amirr 1. Be .·· ett --
co1one1, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
3

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.

Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.