68-21Minor Mod Phillips, Lester

Permit Class
MODIFICATION/MINOR
Issued to
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
X Excavation and/or filling pursuant to NCGS 113-229
PO Box 1477. Dunn. NC 28345
Permit Number
68-21
Authorizing development in New Hanover County at adi. to Carolina Beach Yacht Basin, at 1213
Canal Dr.. in Carolina Beach
as requested in the permittee's letter dated 10/25/2 1, including
the attached workplan drawing dated "received by DCM 10/06/21".
This permit, issued on November 16, 2021 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) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration and
construction of structures and uses located in or over the water that are expressly and specifically set
forth in the permit application. No other structure, whether floating or stationary, shall become a
permanent part of this docking facility without permit modification. No non -water dependent uses of
structures shall be conducted on, in or over Public Trust waters without permit modification.
2) This pen -nit authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at
this docking facility.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are:hereby accepted.
Signature of Permittee

Lester Phillips
ADDITIONAL CONDITIONS
General
Permit No. 68-21
Page 2 of 2
3) All debris associated with the removal or construction of the permitted marina shall be contained within
the authorized project area and removed to an appropriate upland location.
4) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
5) This Minor Modification shall be attached to the original Permit No. 68-21, which was issued to the
permittee on 5/18/21, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
6) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
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 U.S. Army Corps of Engineers assigned the project Action ID SAW-2021-00362
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 202.1-0443.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

Luck, Cameron A
From: Jeremy Hardison <[e-mail]>
Sent: Thursday, November4, 2021 4:25 PM
To: Luck, Cameron A
Subject: [External] RE: CAMA Minor Modification Request: Lester Phillips
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Cameron,
The town does not have any issues with the modifications. The survey states that the house is going to remain. The
town has issued a minor permit to demo the existing house and to construct a new one. The house has been
demolished.
Thanks,
Jeremy Hardison
Planning Director
1121 N. Lake Park Blvd.
28428 Carolina Beach NC
910 458 2991
From: Luck, Cameron A <[e-mail]>
Sent: Thursday, November 4, 2021 11:47 AM
To: Jeremy Hardison <[e-mail]>
Subject: FW: CAMA Minor Modification Request: Lester Phillips
Be Advised: This email originated from outside of the Town of Carolina Beach, NC
Hi James,
Just checking in to see if you had the chance to look over this minor mod to a property in Carolina Beach. It involves
relocating and modifying a pier structure.
Thanks,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252 808 2808 ex.228 - office
Cameron. Luck(cancdenr.aov

Luck, Cameron A
From: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Sent: Wednesday, November 3, 2021 9:28 AM
To: Luck, Cameron A
Subject: [External] FW: CAMA Minor Modification Request: Lester Phillips
Attachments: Lester Phillips #68-21 NH Minor Modification NH.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Cameron, the applicant's proposal is consistent with and fits the currently active PGP-291 permit issued in June 2021.
This PGP-291 permit expires December 31, 2021. If the applicant begins construction, or is under contract for the
completion of this construction prior to this expiration date, they will have one year from the expiration date (12/31/22)
to complete this project.
Let me know if you have any questions.
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707
From: WilmingtonNCREG <[e-mail]>
Sent: Friday, October 29, 2021 7:00 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Subject: FW: CAMA Minor Modification Request: Lester Phillips
Greg, it looks like you were already working on this so I saved everything over to the file and entered a pre-
app in ORM. SAW-2021-00362.
Thanks
Kasey
From: Pietila, Tanya K <[e-mail]>
Sent: Thursday, October 28, 2021 2:29 PM
To: WilmingtonNCREG <[e-mail]>; Currey, Gregory E CIV USARMY CESAD (USA)
<[e-mail]>; Snider, Holley <[e-mail]>; Perry, John M
<[e-mail]>; Hardison, Jeremy <Jeremv.Hardison@carolinabeach. org>
Cc: Luck, Cameron A <Cameron. Luck@ ncde nr.gov>; Hall, Bryan L <[e-mail]>; MacPherson, Tara
<[e-mail]>; SVC_DCM.MHC.Admins <[e-mail]>
Subject: [Non-DoD Source] CAMA Minor Modification Request: Lester Phillips
Hello!

From: Snider, Holley
Sent: Tuesday, November 2, 20219:54 AM
To: Pietila, Tanya K <tanva.p![e-mail]>
Subject: RE: CAMA Minor Modification Request: Lester Phillips
Good morning,
The DWR has no objection and no written approval will be required for the minor modification request to expand the
authorized docking facility to provide mooring for four (4) vessels. The DWR has issued authorization DWR2021-0443
for the construction for the bulkhead and docking facility. The conditions of the attached general water quality
certification remain in effect. Please feel free to call or email me if you have any questions or I may be of assistance to
you in any way.
Sincerely,
Holley Snider .-' .><((((°>......_,..><(l((°>..
Environmental Specialist II
Division of Water Resourcel
North Carolina Department of Environmental Quality
Phone: [phone]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Pietila, Tanya K <[e-mail]>
Sent: Thursday, October 28, 2021 2:29 PM
To: WilmingtonNCREG<[e-mail]>; Currey, Gregory E CIV USARMY CESAD (USA)
<[e-mail]>; Snider, Holley <[e-mail]>; Perry, John M
<[e-mail]>; Hardison, Jeremy <[e-mail]>
Cc: Luck, Cameron A <[e-mail]>; Hall, Bryan L <Bryan.L.HalIto) ncdenr.gov>; MacPherson, Tara
<[e-mail]>; SVC_DCM.MHC.Admins <[e-mail]>
Subject: CAMA Minor Modification Request: Lester Phillips
Hello!
Please accept this request for a CAMA Minor Modification to Major Permit No. 68-21 from the above subject property in
Carolina Beach, New Hanover County.
Please reply to Cameron Luck before November 11, 2021 at [e-mail] or [phone] ext. 228 with
your questions, comments or concerns.
Thank you!
Tanya Pietila
Permit Support Specialist
NC Department of Environmental Quality

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Em, fonniental Quality
MEMORANDUM
TO: Cameron Luck, DCM Major Permit Assistant Coordinator, MHC
FROM: Bryan Hall, DCM Field Representative, Wilmington
THRU: Tara MacPherson, DCM District Manager, Wilmingto
DATE: October 25, 2021
SUBJECT Permit Modification Request to State Permit No. 68.21, Lester Phillips, Canal Drive, Wilmington, New
Hanover County
Stephen Conway, acting on behalf of Lester Phillips, is requesting a Minor Modification to State Permit No. 68-21.
This request was submitted on October 6, 2021. Along with the request for the minor modification, the agent
submitted a drawing dated October 6, 2021. State Permit No. 68-21 was issued to Lester Phillips at property located
at 1213 Canal Drive Carolina Beach, NC on May 18, 2021, for the installation of a bulkhead an average of 2' and a
maximum of 10' waterward of the existing bulkhead, relocation of an existing storrnwater pipe, addition of drop inlets
and replacement of the existing docking facility in the same footprint. State Permit No. 68-21 is due to expire on
December 31, 2024.
The applicant is requesting a minor modification to the permit to allow for a shift in the proposed location of the pier
and to reconfigure the docking facility to add an additional two slips, bringing the proposed total to four slips. The
applicant is requesting to shift the pier approximately 51' north to center the pier on the property. The applicant is
requesting to shorten the pier to 56' terminating at a 16wide by 24' long fixed L-head with 16' wide by 16' long
gazebo. Additionally, the applicant is requesting to construct a U-shaped docking facility extending waterward from
the pier. The facility will include two 6' wide by 36' long floating docks connected by a 6' wide by 28' long floating
dock. The facility will include three boat lifts, one on the northern side of the facility and two within the U-shape (See
Proposed Drawing). The applicant has notified the adjacent riparian property owners of the proposed modifications
via certified mail (see attached).
The proposed modification request appears to be consistent with NCAC 07H .0208(b)(6), which includes the specific
use standards for docking facilities. The applicant's property has 106 LF of shoreline. The authorized docking facility
is permitted for 324 SF of platform over open water, and the proposed reconfigured docking facility would have 768
SF of platform shading. The authorized docking facility accounts for two formalized boat slips, the proposed
reconfigured docking facility would add an additional two formalized slips for a total of four slips (see "Proposed
Drawing" dated received by DCM 8/6/21). The proposed reconfiguration will not exceed the pier headline. This office
has no objection to the modification of State Permit No. 68-21, provided it is consistent with all other local, state, and
federal regulations. Donnie Overby Construction has submitted a check (check No. 4037) in the fee amount of $100.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the Town of Carolina Beach LPO
provide any comments that your agency may have on the proposed project to Cameron Luck of DCM's MHC
office within 14 days of receipt of this memo.
Enclosures ✓ f✓ ✓ ✓ RECEIVE;:
cc: DCM-MHC USACE DWR Town of Carolina Beach
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DCM - MHD Ai^'
North Carolina Department of Environmental Quality I Dlvislon of Coastal Management
\ _'�� Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
ula. \ 910.796.7215

Name of PmPft Owner Regtmting i'elmiG
Ma171ng Address: P11 :dad 1 qT7
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I oerllfy that I have authorimd xis%
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necessary for the following Propaved development:
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September 22, 2021
Benjamin McHorney
1215 Canal Drive
Carolina Beach NC 28428
Dear Adjacent Property Owner:
18'Postal Service,aat:
�CERTIFIED°-M°AIL® RECEIPT ° .
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,to seam Benjamin McHorney
o 1215 Canal Drive
r` mVVW a Wr r---- Carolina Beach NC 28428
This letter is to inform you that I, Lester Phillips wish to modify our original CAMA
(Property Owner)
Major Permit #68-21 in reference to the pier design and pier location on my property at
1213 Canal Drive, Carolina Beach, in New Hanover County.
(Property Address)
As required by CAMA regulations, I have enclosed a copy of the original plan along with
the proposed drawing(s) as notification of my proposed project.
No action is required from you or you may sign and return the enclosed no objection
form. If you have any questions or comments about my proposed project, please contact
me at 910-443-0467 or by mail at the address listed below.
SincerQly,
CU1,�,o
(Property Owner Agent)
PO Box 189
Carolina Beach NC 28428
■ Complete items 1, 2, and 3. A.
■ .Print your name and address on the reverse X
sb that we can return the card to you.
■ Attach this card to the back of the mailplece, B.
or on the front If space permits.
1. Miele Addressed to: D.
Benjamin McHorney
1215 Canal Drive
Carolina Beach NC 28428
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DCM - MHD CITY
RECEIVED
OCT 06 202i
DOM WILMINGTON, NC

ADJACENT RIPARIAN ),,()APROPER/1TYOWNER STATEMENT
I hereby certify that I own property adjacent to _ Zl°.57�!<' "4,gs' Is
property located at -a��j�}� �r,,,,9�Name of Pro rly Owner)
The applicant has described to me, as shown below, the development proposed at the above location.
have no objection to this proposal.
1 have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must rill /n description below or attach a site drawing)
1"lamt�G�•�.�- 6CA i12ae1 tr�
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive
the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement..
I do not wish to waive the 1 U setback requirement.
(Proper owner Information)
(Adjacent Property Owner Information)
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�enjaminMcHorney
RECEIVE[?
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Lester Pl�illipa
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P1115 Drive
NOV 0 2 2021
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(Revlsed 611812012)
DCM WILMINGTON, NC

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Garland P. Sherrill Jr. r9
13779 NC 50 Hwy. N rr,
Willowspring NC 27592
Dear Adjacent Property Owner:
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— Garland P Sherrill Jr. -
ara 13779 NC 50 Hwy N.
•••... Willow Spring NC 27592
This letter is to inform you that I, Lester Phillips wish to modify our original CAMA
(Property Owner)
Major Permit #68-21 in reference to the pier design and pier location on my property at
1213 Canal Drive, Carolina Beach, in New Hanover County.
(Property Address)
As required by CAMA regulations, I have enclosed a copy of the original plan along with
the proposed drawing(s) as notification of my proposed project.
No action is required from you or you may sign and return the enclosed no objection
form. If you have any questions or comments about my proposed project, please contact
me at 910-443-0467 or by mail at the address listed below.
Sincerely,
(Property OwnerAgent)
Box 1 Ca RECEIVED
Carolina Beach NC 28428
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N 0 2 2021
■ Complete Items 1, 2, and a.
■ your name and address on the reverse
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Cl❑ Agent
SECTION
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so that we can return the card to you.
❑'Addressee
DCM - MHD CITY
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or on the front it space permits.
B. Received by (P nted Name) C. Date of Delivery
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D. Is delivery addresa dgferent from Item 17 ❑ Yes
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RECEIVED
Garla'4d P Sherrill Jr.
13779;,NC 50 Hwy N.
OCT 0 6 2621
Willow Spring NC 27592
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I hereby certify that I own property adjacent to deslW %01)i /jj 2S' s
property located
In
N.C.
The applicant has described to me, as shown below, the development proposed at the above location.
I have no objection to this proposal.
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
pnrtivldua/ proposing development must till /n description below or attach a site drawing)
I understand that a pier, dock, mooring pilings, bbreakwat err,, boathouse, Ilft, or groin must be set back a
minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive
the setback, you must Initial the appropriate blank below.)
I do wish to waive the 15' setback requirement..
I do not wish to waive the 16 setback requirement.
MailingAddresS
D/�wm IC1p17224
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Si a�crre
�'a=rland P Sherrill Jr.
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DCM - MHD CITV
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OCT 0 G 1021
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Permit Class Permit Number
NEW 68-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Jorrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Lester Phillips, PO Box 1477, Dunn, NC 28345
Authorizing development in New Hanover County at adi. to the Carolina Beach Yacht Basin, at
1213 Canal Dr., in Carolina Beach as requested in the permittee's application dated 10/2/20
including attached workplan drawings (3) Sheet 1 of 3 dated 2/1/21 and Sheets 2-3 of 3 both dated 10/2/20.
This permit, issued on May 18, 2021 , 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 docks, piers, gazebo, floating platform, boatlift, and other structures
and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
docking facility without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification.
2) 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.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permince 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
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2024
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
RECEIVED
Signatu o rmittee
DCM - MHD CITY

Lester Phillips Permit No. 68-21
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established Carolina Beach pier headline.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
5) This permit authorizes a maximum of 2 formalized boat slips.
6) Should the lot to the south be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian rights,
and submit it to the Division of Coastal Management prior to initiating construction of the docking
facility.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner to the north's area of riparian access.
8) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking.
9) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.
10) The roof of the gazebo shall not be designed for second story use.
Bulkhead
11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
12) The relocation of the existing stormwater outfall pipe shall be constructed in accordance with the
alignment depicted on the attached workplan drawings.
13) No backfill material shall be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
14) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
15) No vegetated wetlands or open water shall be excavated or filled, even temporarilR M(Re
approved bulkhead alignment.

Lester Phillips Permit No. 68-21
Page 3 of 3
ADDITIONAL CONDITIONS
1
16) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
17) The bulkhead shall be structurally tight so as to prevent seepage of backfil I materials through the structure.
18) The bulkhead shall be constructed prior to any backfilling activities.
19) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or
other suitable materials approved by Division personnel.
20) All backfill material shall be clean and free of any pollutants except in trace quantities.
21) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction.
General
22) 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.
23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
24) All debris associated with the removal or construction of the permitted bulkhead wall shall be contained
within the authorized project area and removed to an appropriate upland location.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the US Army Corps of Engineers.
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. 2021-0443.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
RECEIVED
NOV 0.2 2021
ASP SECTION
DCM - MHD CITY

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Proposed Drawing
RECEIVED
NOV 0. 2. 7021
MP SECTION
DCM - MHD CITY
RECEIVED
OCT 0 6 2021
I)CNI WILMINGTON, NC