140-21 Rayburn, Charles R

Permit Class
NEW_
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V r r m t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A- l l 8
X Excavation and/or filling pursuant to NCGS 1 13-229
Permit Number
140-21
Issued to Charles R. Rayburn Jr., 1604 Myers Park Dr., Charlotte, NC 28207
Authorizing development in New Hanover County at adi. to Middle Sound. at 301 Beach Rd.
North, on Figure Eight Island as requested in the permittee's application dated 7/l/21,
including attached workplan drawings (3), Drawings 1-3 of 3 all dated 7/1/21.
This permit, issued on October 19, 2021 , is subject to compliance with the application (where
consistent with the pen -nit), all applicable regulations, special conditions and notes set forth.below. Any violation
a inese terms may De subject to lines, imprisonment or ctvu action; or may cause ine permit to oe nuu ana voia.
Shoreline Stabilization - Bulkhead
I) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the
existing bulkhead at any point along its alignment at the time of construction.
2) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
3) 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.
(See attached sheets 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.
3 gnature of Permittee

Charles R. Rayburn Jr. Permit No. 140-21
Page 2 of 3
ADDITIONAL CONDITIONS
4) 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.
5) The bulkhead shall be constructed prior to any backfilling activities.
6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
7) This permit does not authorize any excavation waterward of the approved alignment.
8) The fill material shall be clean and free of any pollutants except in trace quantities.
9) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
10) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
11) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
12) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
13) 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.
14) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
USACE Conditions
15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
General
16) 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.
17) 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.

Charles R. Rayburn Jr.
ADDITIONAL CONDITIONS
Permit No. 140-21
Page 3 of 3
18) 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 U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3
(Action ID SAW-2021-01819).
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. 2021-1262.
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.

DCM Coordinator: So /T 1`
Permit #: ! qV 'Z
Permittee:
DCM Field Offices
Elizabeth City
Morehead City
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Wilmington:
Wildlife Resources:
MAILING DISTRIBUTION SHEET
lea/
A(C z-'�z07
Washington (with revised work plan drawings)
of�tuj.K (OBJECTIONS )
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger— 401
Tina Martin - 401
Clif Whitfield (WARD)
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
John Perry — 401 (TBD)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARO) ,,
Natural Heritage Program Rodney Butler
(NCDOT) Travis Wilson

YEM Mr-1
APPLICATION for
Major Development Permit F
(last revised 12127105)
North Carolina DIVISION OF COASTAL MANAGEMENT
r #,,,FUR y nppncanu LanU0Wner InfOrn)9tlOn
_
Business Name
Pro Name If _---
lecl ( applicaple)
Applicant 1: Firm Name Ml
1 Ca O t,rn v� ti Gedc I rb Qc..'I"
C(1ar12 k
Last Name
RA a
AppllcaM 2: First Name MI
Last Name
if addlfhnal appdgnra, pbess aftach an addfdonal page(s) with names dated.
Melling Address
1(ov /l9 Park �
PO Box
City,
tier/Pflc
State
ers
L
Nc
ZIP
2 8 2-7
Country
L)5
Phone No.
boy- f77 167Naxt.
FAX No
SUM Address (Adifferentfrom above)
city
Slate ZIP
Email
RRa ern %tGDLK„J. nit
2. AgenWontraotor lnformadon
Business Name
/iPiQ ✓1'Ia! rate �ac�O�S LLL
Agem/ Comractor 1: Flrst Neme
Last Name
Agent/ Contractor 2: First NameEiMEI
LealNaMs
Mailing Address 2. ��`� ��
PO lox
city ,L
shoe
ZIP
02 Sqq3qlo
Phone No. 1
- d6? a2ls�d.
Phone No. 2
eta
FAX No. Contractor 0
6og��
Street Address (if different from above)
City
She
zip
Email �
/l41— 4mc( c4arki, o1�f
<Form continues on baclo RECEIVED
AUG 19 2021
JUL 12 201"?
DCM-MHD CITY "' li`DL"WWILMINGTON, NC

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
-
County (can be multiple) Street Address
ii trer �vl Bea�ct
#
,
itated.
Subdivision Name C
�4stmt///
Phone No.
Lot No. s) Of many, attach additional page with list)
- - ext.
a. In which NC river basin is the project located?
Aar
b. Name of body o1 water nearest to proposed protect
12
Eree,1)c
c. Is the water body Identified in (b) above, natural or manmade?
tptnatural ❑Manmade ❑Unknown
d. Name the Closest major water body to the proposed project site.
(Fn'hL QGeN,/1
e. Is proposed work within city limits or planning Jurisdiction?
19Yes ❑No
I. If applicable, list the planning jurisdiction or city Emit the proposed
falls
work within.
4. 8 to Dbaoription
a. Total length of shoreline on the tract (tt,)
b. Size of entire tract (sq.R.)
I©q'
C20 00o sF
C. 8120 of individual lot(s) ICO+x 2 00 r
d. Approximate elevation of trail above NHW (mom al high water) or
(if many lot sizes, please attach additional page with a list)
NWL (normal water level)
5 r J)NH W or ❑NWL
e. Vegetation on tract
-r-re- 25�5���651 6')gti¢5) Q�a55 CDtt.Siaf1 uret(an�5
V
f. Man-made features and uses now on tract
Qe6i-denf"a.l Aoryte. / poCK 4LncQ li�llih2rc�
g. Identity and describe the existing land uses apt to the proposed project site.
Re-5Ue tfiat.( hDftlleti on �o1r. 6t'aQ2S
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
R- 2oS Qe51 It it (
(Attach zoning Compliance certificate, E applicable)
JQYes ❑No DNA
I. Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes IBivo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes PffNo DNA
If yes, by wham?
I. INational Register listed or eligible property? s the proposed project located in a National Registered Historic District or does it involve a ❑Yes I$No ❑NA
RECEIVED
<Form continues on next page>
RECEIVED
JUL 12 20
DCM-MHD CITY

APPLICATION for
Form DCM MP-1 (Page 3 of 4)
m. (1) Are there wetlands on the site?
(il) Am there coastal wetlands on the she?
(III) H yes to either (1) or (11) above, has a delineation been conducted?
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
6 _ 1 +rc.
o. Describe existing drinking water supply source.
fYl✓ni Lt, �A.L
p. Describe existing storm water management or treatment systems.
2
Major Development Permit
[Yes ONO
%Yes ❑No
Elves gIJNo
5. Activities and Impacts
a.
Will the project be for commercial. public, or private use? ❑Commercial Publiic/Governmerd
pprivate/communhy
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Rqtat2 �K-6" tnroocl( 6jil(k o�2 Wirt, m. vt"W one
j mwte&AJ-e a t�a�v�et2�
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where A is to be atoned.
Vi6ra1'ery kamn+er on Mr a-)e CO, f*.+of
d.
List all development activities you propose.
�Jtjcke,uQ rf,p'Q.ce-/tt8--d-
e.
Are the proposed activities maintenance of an existing project, new work, or both?
Ma(�%Mpetna of Gdct3
I.
Whet Is the approximate total disturbed land area resulting from the proposedProject? 3oe KSq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public acceasway or other area ❑Yee PqNo ❑NA
that the public has established use of?
It.
Describe location and type of existing and proposed discharges to waters of the slate.
i.
Will wastewater or stormwater be discharged Into a wetland? '-- !es ❑No WNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No X(NA
1.
Is them any mitigation proposed? ❑Yes ❑No 5JNA
It yes, attach a mitigation proposal.
RECEIVED
<Form continues on becb
HtGtivtU
JUL 12
A05 DCM WILMINGTON, NC,
DCM-MHD CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional information —
In addition to (his completed application form, (Mp-1) the following Items below, if applicable, must be submitted in order for the application
package to be complete. items (a) - (f) are always applicable to any major development application,
instruction booklet on how to property prepare the required items below. please consult the application
a. A Project narrative.
U. rut accurate, dated work plat (including plan view end cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. pl any and
already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
C. A she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy o1 the dead (with stele application only) or other inetremeM under which the applicant claims line to the affected properses.
e. The appropriate appl�ation tea. Check or money orcler made payable to DENR.
f. A list of the names and Complete addrasaes of the adjacent watedront (riparian) landowners and signed um receipts as proof that Such
owners have received a copy of the application and plats by certified mail. Such landowners must be edW$ad that they have 90 days in
which to submit comments on the proposed project to the DiWsion of Coes[el Management.
Name G reps-Ne5 CI-C,
Phone No.
Address 7.9 I o r . - n.
Name Ftwo CoA2frJr- Rev. %r✓4f-
r�r� 013 r-ran1Clfq Sf EF y L)--'304
Name
Address
Prone No.
Phone No.
g. A list of previous state or federal Permits Issued for work on the project Iract. Include permit numbers, permiaee, and issuing dates,
r I h. Signed consultant or agent authorization form, if applicable.
I. Wedand delineation, if necessary.
j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by properly owner)
k. A statement of compliance with the N.C. Environmental Polley Act (N.C.t3.S. 113A i-10), It necessary. If the project involves expent
of public funds or use of public lends, attach a statamem documenting compliance with the North Ca cline Env ronmental Policy en
� CenificaHon and Permission to Enter on Land
The --ro Iu `nab any permit issued in response to this application will allow only the development described in the application
p ject 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 informa
Date tion provided in this application is truthful to the best of my knowledge.
"r-/-� I
Print Name RM / gym/
Signature
Please indicate application attachments pertaining to your proposed project.
0QDCM MP-2 Excavalion and Fill Information
❑DCM MP-5 Bridges and Culverts
EIDCM MP-3 Upland Development
ODCM MP-4 Structures Information RECEIVED
AUG 19 2021
RECEIVED
JUL 12 20"
DCM WILMINGTON, NC

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Jolm
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet.
Channel Olu
(NLW or I Canal I Boat Basin I Boat Ramp I Rock Groin I BreRock akwater I shorelns NWL)
Length
Width
Depth
Depth
Y. EXCAVATION
a. Amount rd material to cubic yards. be excavated from below NHW or
c. (i) Does the area to be excavated include coastal wetlandstmarsh
(CM, submerged aquatic vegetation (SAV), shell bottom (SS),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet stetted.
❑CW ❑SAV ❑SS _
OWL _ []None
(ip Describe the purpose of the excavation In these areas:
2.
a.
of disposal area.
MATERIAL
C. (i) Do you claim title to disposal area?
E]Yes ❑No [INA
III) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checketl, provid
number of square feet affected e the
CW ❑SAV
❑❑SB
❑None
0) Describe the purpose of disposal in these areas:
NA I NA
NA I NA
This section not appllcable
b. Type of material to be excavated.
d. High -ground excavation in cubic yards.
b.
area.
section not applicable
d (i) WIII a dis
j]Yes Nsal area be available for future maintenance?
o ❑NA
Di) If Yes, where?
f• (i) Does the disposal include any area in the water?
Oyes ❑No ❑NA
(li) If yes, how much water area is affected?
RECEIVED
AUG 19 2021
RECEIVFri
JUL 12 ; c : ;
DC" WILMINGTGiv, ,vC

I SHORELINE STABILIZATION
fit development is a wood groin. use A4P-4 - Structured ❑This section not applicable
a
11 — adelanarl-
MBunirread ❑R"ap ❑Bm"waeel iN ❑Other
c Average distance watenil of NHW or NWL.
e Type of staNuZation mMW8j g
Vttfi.i iIU1KIaeAA
b Length
width
o Maximum chmanca waferwaid of NHW a NWL
jr aw "
9 Number of square feet of fill to be placed bebw water level. If
Bulkhead backnll } 1 L Rq#ap _—
Breakwater5ia,_ qp�
I Source of Idl matanal
4. OTHER FILL ACTIVITIES
(Excluding Shoretrrie Stabilization)
a. Itl W!II NI malenal be proughl io the site? ❑Yes ❑No
II yes
fill Amount of matenai to be placed m the water _
hid DirnerWons of fin area _
ov) Purpose of fin
_._
5. GENERAL --
a HOW win excavateo o, fill matenai be kept on ad, -.no erosion
coMrosedn
rrr rI,___i rlrrtrl �f {, (yi+l LJwli,
c f9 Win navWlnonai aids oe requead Y a rams of the pmjW,
❑Yes ®No ❑NA
(ill If Yes explain whet type and how they will be rmpbmenwo
# Ad�Us+Vrvv,-1 s yr. aclr
ICEglta/al
p) Has lhefe been shoreline erosion dung preceaing 12
months?
(XYes ONO ONA
(d) ff year state ahrount Of erosion and source Of erosion amount
hltionnignio i ' )
:5 1'f� , 1 i.,i K IOrLF OSCEN1jy3+
Type ul fr mamedN. by IR5e^t
Saad
This section not appacable
b p) Will MI material be placed in coaatai Wet{andsfmaRh (CW).
submerged aquatc vegelalion ISAVI shell bottom (SB). or
other wetlands I WLI7 " any boxes are checkedprovide the
number of square feel affected
❑CW __ ❑SAV __ ❑SB _
OWL __ ONOne
w) Describe the purpose of the fill in these areas
What type of Construction sgwpmere will be uma (e.g.. drWM
backhoeor hydraub, dhol
i vtnVTfcr
d. Il Vein wetlands pa; crossed In ttensporhng equ,PmeM to prolecl
site' Oyes 004D ❑NA
lal If yes e.piam steps that will pe taken to a,,,a Or minlmiZe
environmental impacts
Dale
Applicanl Name V
1< AeA61 eL, ✓��1�--
PrgaCt Name Applicant Signature
APR 14 "1:'"1
RECEIVED OCM WILMINGTON, NC
AUG 19 2021
DCM-MHD CITY

f
AUG 19 2021
DCM-MHD CITY
Ravb'rn
8ult(;I d
Pr '
edf
Go�gi lo,v M9O
Dra vi rk
7_ / 21
10f 3
SLAt.r-
b AAI
Fo fe.v,a�
R
!JUL 12 20Z1
i
DCM WILMINGTON, NG

6 jrn
Bilkneal
hezt
f lem
v',-euJ
-
P�3v,
7 1-21
:
6q
Ni, I FvjIe
t � �{5k
�I1�
CreeK "-7
r
5� �z�3f
xr6ar i rt1.
ise
Kcal.,*Y Ij a
¢ t
ra a1Ceo�.is
7R9 ga..6 aAl
I sr,.rytP
Rc Prop I --ha
I k LJ b u
DCM-MIND CITY
o t �f4L r1
R,F nt.
Ray ljr^
3 O 3 $R*c (+ Rl N
CofQy
RECEIVED
AUG 1 1 ZOZI
DCM WILMINWON, NO

�4Ybur vn
6v1KAeaa1 Ff0 'ect
C ro ss-,f&-7r&n4 (
lira e.Jrn
re
3SDcfJar3le, : 7—(
ev�pq V"
L x, V/I
wooer
dJl wLeld
C.?
��aposeJl — c �Nj l.. j
Nevi Yrnyl
RECEIVED
JUL 12 2021
DCM WILMINGTON, NC
RECEIVED
AUG 19 2021
DCM-MHD CITY

DIVISION OF COASTAL MANAGEMENT RECEIVED
APPLICATION TRANSMITTAL AND PROCESSING RECORD
AUG 19 2021
APPLICANT: Charles Rayburn Jr. COUNTY: New Hanover
PROJECT NAME: Rioww Bulkhead DCM-MHD CITY
LOCATION OF PROJECT: 301 Beach Road North, adj to Middle/TopsaU Sound, Figure 8 Island, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-12-21 PREFILE DATE: 07-13-21
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: $400 (6W40)#10351
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 8-23-21 END OF NOTICE DATE: 9-13-21
ADJ. RIP. PROP NOTICES RECD: _ _ DEED RECD: Yes
C) 75 DAY DEADLINE: 10-;21 150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 9-19-21 STATE DUE DATE: 9-13-21
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
8 17Jy(�(��(
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
q H�
tt:>ZI —G/ $(q tJvPj l t�4o
DWR-401 Section
DWR— Public Water Supply
'17011A
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
g' L3
K
DMF — Shellfish Section
DMF — Habitat & Enhancement
q
DNCR — Archives & History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
�I31 7 1

RECOMMENDATIONS FOR 301 Beach Road South Charles Rayburn Jr 8/17/2021
The applicant has an existing failing wooden bulkhead. 15A NCAC 07H.0208 requires that bulkhead alignment shall
approximate mean high water or normal water level and shall be landward of significant marshland or marshgrass fringes. It
also states that bulkheads shall be permitted below approximate mean high water or normal water level only when the
following standards are met:
(i) the property to be bulkheaded has an identifiable erosion problem, whether it results
from natural causes or adjacent bulkheads, or it has unusual geographic or geologic
features, e.g. steep grade bank, which will cause the applicant unreasonable hardship
under the other provisions of this Rule;
(ii) the bulkhead alignment extends no further below approximate mean high water or
normal water level than necessary to allow recovery of the area eroded in the year prior
to the date of application, to align with adjacent bulkheads, or to mitigate the
unreasonable hardship resulting from the unusual geographic or geologic features;
(iii) the bulkhead alignment will not result in significant adverse impacts to public trust
rights or to the property of adjacent riparian owners;
(iv) the need for a bulkhead below approximate mean high water or normal water level is documented
in the Field Investigation Report or other reports prepared by the Division of
Coastal Management; and
(v) the property to be bulkheaded is in a non -oceanfront area.
The proposed bulkhead will extend no further below NHW than necessary to construct a new bulkhead. The alignment
should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners
because the bulkhead will not extend greater than 24" waterward of the existing failing wall and because both adjacent
properties are already bulkheaded. Based on these factors, it is recommended that a permit be issued to authorize the
construction of bulkhead as proposed in the applicant's submittal.
As proposed, this office has no objections to the proposed project and any permit issued should include the standard
permit conditions for bulkheads. It is recommended that any permit issued should include standard permit conditions for
bulkheads and upland development.
RECEIVED
AUG 19 2021
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETF1 S. BISER
Secretary
BRAXTON DAVIS
Director
August 18, 2021
MEMORANDUM
NORTH CAROLINA
Ehvi onmental.Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnar(a)NCDENR.gov
SUBJECT: CAMA/D&F
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgft of Coastal Wetland fill within Middle/Topsall Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by September'13; 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
SIGNATURE
DATE
Public Water Supply
8-19-21
RECEIVE®
AUG 2 n 2021
PAP SECTION MHD
._X Q•North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Govemor
ELIZABETH S. BISER
Seererary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
August 18, 2021
C. 21 •O�. �. o �
MEMORANDUM.
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12.09)
gregg.bodnar(,NCDENR.gov
SUBJECT: CAMA/D&F
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgtt of Coastal Wetland fill within Middle/Topsail Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by September 13, 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"
V 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 1N (A-4 RC
SIGNATURE �l T+ tuvi �p L
DATE 2y - Yo21 j AUG 2 3 2021
f SECTION
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
a
mO��dm'a"� y� 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August lB, 2021
NORTH CAROLINA
EnvlronmentarQuaaty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, INC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnarCla NCDENR.cov
SUBJECT: CAMA/D&F
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgft of Coastal Welland fill within Middle/Topsail Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gretra Bodnar at the address above by September 13, 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: i1_ 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 a c I R f
AGENCY NG 1�e. tl)�. v7 i(m-nip-VCe RECEIVE®
SIGNATURE rn Gvw :� ?- 5 14,y-
AUG g 1 2021
DATE 0 SE
1' Z
North Carolina Department of Environmental Quality l Division or Coastal Management
Wilmington Office 1127Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 18, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
g regg. bodnar(gD, NCDEN R.gov
SUBJECT: CAMA/D&F
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgft of Coastal Wetland fill within Middle/%psail Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by September 13, 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 K Z44AffodeL, for Shannon Jenkins RECEIVED
DATE 08/24/2021 AUG 2 6 2021
FA? SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BtSER
Secretory
BRAXTON DAVIS
Mortar
August 18, 2021
MEMORANDUM:
NORTH CAROLINA
Ehvko enfalQualfy
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnsr(MNCDENR.g ov
SUBJECT: CAMA/D&F
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgR of Coastal Welland fill within Middle/Topsaif Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greco Bodnar at the address above by September 13, 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
ll .. '' comments. ,
PRINT NAME 'W aNXIO l�_a�
AGENCY
SIGNATURE WZ-Gi Nvi*_4 RECEIVED
I
DATE S E P 8 2021
PEP SECTION MHD
ID79Q� North Carolina Department ofEnvlronmentalQualityIDivision ofCoastal Managern"t
Nfilmington Office I IV Cardinal Drive Extension I Wildngton. North Carolina 28405
' o°*�� 910.796.7215

Received: 9/14/2021
Historic Preservation Office
ROY COOPER
Governor
ELIZABETHS. BISER
Secretary
BRAXTON DAVIS
Director
August 18, 2021
NORTH CAROLINA
Environmental. Quality
ER 21-2122 Due: 9/20/2021
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Cregg.bod nar(aNCDEN R.gov
SUBJECT: CAMA/D&F
9/20/2021
No comment —SBA
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgft of Coastal Wetland fill within Middle/7opsail Sound.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by September'13, 202.1,7 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.
E PRINT
-- - Renee Gledhill -Earley
NgM
AGENCY
Historic Preservation Office
RECEFIVIED
SIGNATURE
SEP 2 3 2021
bATE 09/23/2021
F&P SECTION MH®
North Carolina Department of Environmental quality I Division. of Coastal Management
Wilmington Office 1 127Cardinal Drive Extension I Wilmington, North Carolina 28408
w,.ei.'w =N / 910.796.7215

A .wbp�
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01819 County: New Hanover County U.S.G.S. Quad: Hampstead
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Address:
Telephone Number:
Charles Rayburn Jr
1604 Myers Park Drive
Charlotte, NC 28405
RECEIVED
SEP 2 3 2021
Size (acres) Nearest Town Figure Eight Island
Nearest Waterway Middle/Tonsail Sound River Basin Onslow Bay 51 7 3 ' �"�"t ®� tll� li I
USGS HUC 03020302 Coordinates Latitude: 34.28234
Longitude:-77.73142
Location description: The site is located in coastal wetlands and open water adjacent to Middle/Topsail Sound at 301 Beach
Road North. Figure Eight Island, New Hanover County, North Carolina..
Description of project area and activity: The proposal is to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124 ft2 of coastal wetland and 94 ft2 of open water fill within Middle /Topsail Sound. The applicant
proposes to construct aonroximately 109' of bulkhead directly waterward of the current alignment stepping out an average of
18" and a maximum of 24".
Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North
Carolina Division of Coastal Management (DCM) prior to commencing any work on this project.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 3
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/ne-es/mammal/manatee_guidelines.pd
SEE ATTACHED NWP GENERAL AND REGIONAL 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, information and attached drawings dated July 1, 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 [phone]) 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 Greeorv.E.Currev(a usace.armv.mil.
Digitally signed by pip pq p
Greg Greg Currey REy _ @ 1tr E®
Curie _Date:2021.09.23 ttt����9' u F9
Corps Regulatory Official: y / 1s:1a:46-04'00' Date: September 23, 2021
Expiration Date of Verification: March 18, 2022 S E P 2 3 2021
MP SECTION MHD
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction,
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination:
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 1 OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Digitally signed by Greg Currey
Greg C u rre 'Date:2021.09.23 15:19:56
1100,
Corps Regulatory Official: G
Gregory Currey
Date of JD: Expiration Date of JD:
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
httn://cori)smai)u.usace.army.mil/cm apex/f9p=136:4:0.
Copies furnished by email:
Hal Fogleman (Allied Marine Contractors, LLC)
Katharine Elks (NC DCM)
Gregg Bodnar (NC DCM)
Holley Snider (NC DWR)
SEP 2 3 2021
AIP SECTION M D

Action ID Number: SAW-2021-01819 County: New Hanover County
Permittee: Charles Rayburn Jr
Project Name: 301 Beach Road North / Figure Eight Island / Wilmington / New Hanover
Date Verification Issued: September 23, 2021
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
114
SEP 2 3 2021
MP SECTION MHD

ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
BRAXTON:DAVIS
Director
August 18, 2021
NORTH.CAROLINA
£nvironnimtalQuallty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnar(a)NCD EN R.gov
SUBJECT: CAMA /D&F
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgft of Coastal Wetland fill within Middle/%psail Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greoa Bodnar at the address above by Septembef13, 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 kimberlee harding
AGENCY
NCDMF
SIGNATURE /���� S�"li
a. 1
S E P 2 8 2021,
DATE 09/27/21 MP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Offtce 1127Cardinal Drive Wenslon I Wilmington, North Carolina 28405
uauwcaaourw
mwti"n�mrr,�a�wam� /`� 910796.7215

MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, —Charles
Rayburn, Jr., New Hanover County
Date: October 4, 2021
This project is consistent and not in conflict with the Wilmington- New,Hanover
County Joint Land Use P1anUpdatea
The applicant proposes to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124 sq. ft. of coastal wetland fill within Middle/Topsail Sound. The
project is located at 301 Beach Road North (Figure Eight Island) in New Hanover
County.
Areas of Environmental Concern (AEC's) impacted by the proposal are PTA, CW and
EW. Waters at the project site are classified as SA- ORW and are temporarily closed to
the harvesting of shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The 2016 New Hanover
County Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
Cc: File
,..
OCT 4 2021

Pa-+y. igu Envelope ID: 7A880270-1637-4EIA-AFEO-1 BA63BFC2B57
ROY COOPER
Govemar
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Charles R. Rayburn, Jr.
1604 Myers Park Drive
Charlotte, NC 28207
NORTH CAROLINA
Environmental Quality
October 8, 2021
DW R # 20211262
New Hanover County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
301 Beach Road North —Topsail Sound
Dear Mr. Rayburn:
You have our approval for the impacts listed below for the purpose described in your application dated
July 1, 2021, received by the Division of Water Resources (Division) August 19, 2021. The application
proposes to construct a bulkhead with approximately 124 square feet of fill in coastal wetlands and 94
square feet of fill below high water. The proposed project is located adjacent to Topsail Sound which
are class SA;ORW waters by the DWR. These impacts are covered by the attached Water Quality General
Certification Number 4175 and the conditions listed below. This certification is associated with the use
of General Permit No. 198000291 once it is issued to you by the U.S. Army Corps of Engineers. Please
note that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and
Water Supply Watershed regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units)
Permanent
Plan Location or Reference
Stream
N/A
N/A
404/401 Wetlands
0.001 acres (+/-124 sq.ft.)
Narrative and sheets 1 thru 3
Open Water/Shallow Bottom
0.001 acres (+/-94 sq.ft.)
Narrative and sheets 1 thru 3
RECENED
OCT 1 3 2021
North Carolina Department of Environmental Quality I Division ofWater Resources @�p
Wilmington Regional Office 1127 Cardinal Drive, Extension 1. Wilmingt��gqya EO N MHD
910.796.7215

DocuSign Envelope ID: 7A880270-1637-4E1A-AFEO-1BA63BFC2B57 DWR20211262
Page 2 of 4
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Wilmington Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions [15A NCAC 02H .0507(c)]:
1. All backfill material shall be obtained from a high ground source and confined landward of the
permitted bulkhead.
Citation:15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506-(b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. All backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen
debris shall not be used.
Citation: 15A NCAC 02H .0506-(b)(1). (3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
Turbidity Standard- The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt
Water Quality Standards for Class SB Waters.(12) pH: shall be normal for waters in the area,
which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as
low as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving
water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background
conditions, the existing turbidity,level shall not be increased. [15A NCAC 02B .0222]
RECEIVE®
0 CT 1 3 2021
P SECTION MHD

DocuSign Envelope ID: 7A880270-16374E1A-AFEO-1BA63BFC2B57 DWR20211262
Page 3 of 4
Citation: 15A NCAC 02B .0211; 15A NCAC 02H .0506(b)(1); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
4. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5
This Certification can be contested as provided in Chapter 150B of the North CarolinaGeneral Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements forfiling a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
htto://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-160
RECEIVED
OCT 1 3 2021
F� P SECTION d ED

DocuSign Envelope ID: 7A880270-1637-4E1A-AFEO-1BA63BFC2B57 DWR20211262
Page 4 of 4
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Holley Snider at 910-796-7215, Holley.Snider(@ncdenr.gov if you have any
questions or concerns.
Sincerely,
CDocuSigned by:
To,ti Tl+wrl doti for
7F141E7356F3456.U.,
Morella Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
Enclosures: GC4175
cc: Hal Fogelman (via email)
Greg Currey, USACE Wilmington Regulatory Field Office (via email)
Maria Dunn, NCWRC (via email)
DWR 401 & Buffer Permitting Unit
R�PE_zC'EIV E D
OCT 1 3 2021
MP SECTION MHD

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles Rayburn Jr., c/o Hal Fogleman
2. LOCATION OF PROJECT SITE: 301 Beach Road North, Figure Eight Island, New Hanover County adjacent to
Middle / Topsail Sound.
Latitude: 34016'57.04" N Longitude: 77043'53.61" W
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/11/2021 Was Applicant Present - Yes
5. PROCESSING PROCEDURE:Office -Wilmington
DWR WQC
8/12/2021
6. SITE DESCRIPTION:
(A)
Local Land Use Plan - Wilmington -New Hanover County
Land Classification From LUP - Conservation
(B)
AEC(s) Involved: CW, EW, PTA
Water Dependent: Yes
(D)
Intended Use: Private
(E)
Wastewater Treatment: Existing -septic Planned - NA
(F)
Type of Structures:
Existing - Single-family residence, wooden bulkhead, pier
Planned - New vinyl bulkhead
(G)
Estimated Annual Rate of Erosion: N/A Source - N/A
3
HABITAT DESCRIPTION: [AREA]
DRE GED
7/1
2/2021
and floating dock for a total of 2 slips
FILLED OTHER
(A) Vegetated Wetlands
124 ft2
(B) Non -Vegetated Wetlands (Open water)
g4 ft2
(C) Other - High Ground
(D) Total Area Disturbed: 218 ft2
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Temporarily Closed
PROJECT SUMMARY: The applicant proposes to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124 ft2 of Coastal Wetland fill within Middle / Topsail Sound,
RECEIVED
AUG 19 2021
DCM-MHD CITY

301 Beach Road North, Charles Rayburn Jr.
Page Two
9. PROJECT DESCRIPTION
The project site is located at 301 Beach Road North, on Nixon Channel in Middle Sound 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 first exit toward Figure
Eight Island onto Edgewater Club Road and travel another 1.3 miles before Edgewater Club Road takes a slight right
and becomes Bridge Road travel another 1.2 miles over the Figure Eight Island Bridge and causeway then take a
slight left onto Beach Road North. Travel approximately 1.3 miles and the subject property will be on the left.
According to the applicant, the parcel located at 301 Beach Road North has a maximum elevation of approximately
5' above normal high water (NHW) and is approximately 0.47 acres. The lot has an existing single-family home with
the highground vegetation consisting primarily of natural coastal scrub vegetation with few ornamentals. The adjacent
riparian parcels both have single family homes with bulkheads. The project site has approximately 109' of shoreline
frontage, currently stabilized by a wooden bulkhead that approximates NHW. Patches of Coastal Wetlands are located
directly waterward of the existing bulkhead measuring approximately 2' to 5' wide comprised mostly of salt marsh cord
grass (Spartina afternaflora). The patchy growth of the coastal wetlands waterward of the bulkhead are a result of
shading from highground trees including juniper and ornamental Podocarpus. On the landward side of the existing
timber bulkhead are sinkholes in various locations as a result of sediment washing through rotting areas of the
bulkhead.
The original bulkhead and docking facility were permitted though General Permit 18144D issued on 6/1/1998 to the
current owner, Mr. Rayburn. From the highground a fixed access pier measuring approximately 6' by 24' extends
waterward perpendicular to the shoreline with a ramp onto a 8' by 16' Floating platform oriented parallel to the
shoreline (see Drawing 2 of 3). An exemption to repair a bulkhead failure was believed to be issued sometime
around 2018 however the issue date was not legible. No other permit history was found.
The 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 Middle / Topsail Sound in the project area are
classified SA-ORW by the Division of Water Resources and are designated as Primary Nursery Area (PNA) by the
N.C. Division of Marine Fisheries. They are temporarily CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to replace the existing failing wooden bulkhead with a new vinyl bulkhead resulting in 124
ft2 of Coastal Wetland fill within Middle / Topsail Sound. The applicant proposes to construct the approximately 109'
of bulkhead directly waterward of the current alignment stepping out an average of 18" and a maximum of 24" as
measured from the existing tongue and groove timber bulkhead to the waterward side of the proposed new vinyl
bulkhead. The estimated step out distance is conservative since the applicant's intent is to install the proposed wall
directly in front of the existing wall, likely positioned 12" to 18" waterward. The deterioration of the existing wall
might require the construction to step out a maximum of 24". The applicant proposes to fill a maximum of 124 ft2 of
Coastal Wetland and incorporate a maximum of 218 112 of Public Trust Area (see Drawing 2 of 3). No changes are
proposed to the existing docking facility. During the site visit with the applicant and agent on August 11, 2021 it was
noted that several areas behind the existing bulkhead are losing sediment and the wood at the waterline has
deteriorated. Additionally, the roots of several trees near the bulkhead are compromised from the sediment loss
and are falling over. According to the applicant maintaining the trees on the highground is a valuable part of the
proposed bulkhead replacement.
RECEIVED
AUG 19 2021
DCM-MHD CITY

301 Beach Road North, Charles Rayburn Jr.
Page Three
10. ANTICIPATED IMPACTS
The proposed new alignment would result in the incorporation of a maximum of 218 ft2 of Public Trust Area, 124 ft2
of which is Coastal Wetlands and 94 ftz would be open water. As proposed, the 109' of new bulkhead would be
constructed directly in front of the existing bulkhead, an average of 18" and a maximum of 24" waterward of the
existing deteriorating bulkhead. Minor increases in turbidity should be expected during project construction.
Submitted by: Katharine Elks Date: August 17, 2021 Office: Wilmington
RECEIVED
AUG 19 2021
DCM-MHD CITY

Project Narrative
Rayburn Bulkhead Project
The Rayburns would like to install a vinyl bulkhead immediately waterward of their
existing wooden bulkhead that is failing in multiple locations. There are numerous
native cedar trees, live oaks and vegetation that will be saved by being able to install
the new wall in front of the old wall.
There are multiple sinkholes behind the wall that pose an immediate risk to
children and adults that could fall into them and twist or break a leg.
Attempts to repair the existing wall by filling the holes have failed since the tongue
and groove boards are rotten in multiple locations. The existing wall is 10 years
beyond its normal lifespan.
All attempts would be made in order to minimize the intrusion beyond the existing
wall. The new wall would step out 18-24" below NHW and fill a maximum of 124 SF
of coastal wetland.
The project proponent hereby certifies that all information contained
herein is true, accurate, and complete to the best of my knowledge and
belief.
The project proponent hereby requests that the certifying authority
review and take action on this CWA 401 certification request within the
applicable reasonable period of time.
RECEIVED
AUG 19 2021
DCM-MHD CITY
RECEIVED
AUG 11 2021
DCM WILMINGTON, NC

Contact Name * Hal Fogleman
Contact Emil Address "` [e-mail]
Project Owner* Charles Richard Rayburn
Project Name * Rayburn Bulkhead Project
Project County*
New Hanover
•
*
Owner Address:
Street Adders
301 Beach Rd. North
Adders Lie 2
Figure 8 island
ay
Wilmington
Fasts / Zip Code
28411
Is this a transportation project? *
r Yes (- No
Type(s) of approval sought from the DWR:
1— 401 Water Quality Certification- r 401 Water Quality Certificabon-
Regular E)press
r WMdual Permit r Modification
A Shoreline Stabilization
Does this project have an existing project ID#? *
rYes rNo
state /Rw /Ryon
NC
car"
Wiled States of America
Do you know the name of the staff member you would like to request a meeting with?
No
Please give a brief project description below and Include location Inform tIon. *
we'd like to install a new vinyl bulkhead immediately watenmrd of the
ersting wood well that is failing.
301 Beach Rd. N
Figure 8 Island
RECEIVED
AUG 19 2021
DCM-MHD CITY
RECEIVED
JUL 13 ?02
DCM WILMINGTON. NC
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statemrits:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your projects thirtyEay clock started upon receipt of this application. You will receive notification regarding meeting location

and time if a meeting is necessary. You will receive notification when the W rty-day clock has a)pired, and you can submit an
application.
Signature *
wew �I.Y1, ain r
SubnMW Date 7/1312021
RECEIVED
JUL 13 2021
DCM WILMINGTON, NC
RECEIVED
AUG 19 2021
DCM-MHD CITY

PAGE
+A. a{�U 1600 1212
PREPARED BY SAAt MA. MANN, FAWN, FfETCHER, BARBER & GRIESM
ATTORNEYS AT LAW
STATE E OF NORTH CAROIINA
COUNTY OF NEW HANOVER WARRAMMJMM
THIS DEED, made this ' I
JSL day of APB. 1992, by and between DONAID J
VINCENT and wife, RUM L VINCENT, GEORGE W. PAUISON and wee, RUTH
PAUISON and DONA[D L LEWIS and wife, sAJLY R LEWK Grater, and C
RICHARD RAYBURN, JR and wife, YVONNE hi RAYBURN, GraaMq whose mait=.
addten is:
The de ugotiott Amw and Grantee t used herein shall iodurie said parries, their
heirs, strMmors, and assign, and shall include singular, plural, masculine, feminine or
neuter as required by context.
W IINFccrT IL
That the Grantor for a valuable consideration paid by the Gramm, the receipt of
which is hereby acknowledged, has and by these presents does give. grant, bargain, sell and
convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in, New
Hanover County, State of North Carolina, and more particularly described as follows:
Being all of [d 301, Section 17. of the Property of the Figure
Eight Island Company as sbowo by cup thereok recorded in
Map Book 13, at Page 50 of the New Hanover County Registry,
subject to AU the terms and conditions comamed in Restrictive
Covenants recorded by The Figure Eight Island Company to
Book 933, at Page 286 of the New Hanover County Registry.
A map showing the above described property is recorded in Map Book 13, Page 50
of the New Hanover County Registry.
2�jG.L,pd. -IO Vri*cPv QQ+.r.tc.�L,UZ4.
1
RECEIVED
RECEIVED AUG 0 6 2021
AUG 19 2021 0CM WILMINGTON, NC
DCM-MHD CITY
49

AGENT AUTHORIZATION_ FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address: ((00del%fors (ark O,rtde
Ck&Ao NL ?-S007 _
Phone Number: i 04 — S Z 7— 9 (e l'F
Email Address; R A Y gU R04 Rub t f4 UJr l✓C7'
G
I certify that I have authorized A"uP_ A Mar i k;' C0J,4QCf0r i LL(
Agent I Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: h ,1 6'j
at my property located at lot yep.r A 9np 1y91 `(nfrtycc/G Zy`Qit
In OQp1 %kNdued` County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Cinoa(e5 ?,,,& sd LG, r . o.
Print or Type Name
Title
Dale
RECEIVED
AUG 0 6 2021
DCM WILMINGTON, NC
This certification is valid through 0 Z / 0 2- I Zo Q-2 RECEIVED
AUG 19 2021
DCM-MHD CITY

■ 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:
E/faroaoi� ColeyJFr re jr,sr
213 .- �f E
Vne F.3b`(
G�taP�zr� M a 7,s-/'f
A
IIIIIIIII'IIIIIII lI IIIIIIIIIII IIIIIIIIIII
9590 9402 6468 0346 8756 14
Fn. - 'm[!/ - '
✓:� ddrassee
B.I ivetl by (P�nCy..Q ^f ry
te ,w
�
D. Is delivery' add�rqesI�e diffeereddn�tpaJyItIperwlr l? ❑ Ye
If YES, enter ❑
l�tliCIV CIJ No
IitliCfVCIJ
w
o
N
w
o,
..
x
AUG 0 6 2021
LU
ir
cm
0
Reetdctsd Dellvary C Registered Mar Restricted
"3 Coue�t oa DaJvery
n n.«..i.. eu untie Trgnely horn .vav/ca /.bell ❑ Collect on D�'�Ive1 Restricted Delltary
so
7020 2450 0001 0701 9880 r Restricted Delivery
PS Form 3811, July 2020 PSN 753D-02-000-90W
■ Complete Items 1, 2, and 3.
■ Prim your name and address or 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:
& 14-r ferf 'es LLc-
ZZ!$ f�/'eej&Ce Ave-
( 'Aar(of-klNz- 28JD-I
NWAM
D. Is delk'ery ad
If YES, enter
Domestic Return Receipt
❑ Agent
❑ Addressee
inted Narrre) C. Date of Delivery
ssa dtlerentfrom ham 1? ❑ Yes
❑ No
AUG 0 6 `utl
IIIIIIIIIIIIIIIIIIII II IIIIIIIIIIIIIIIIII IIIII
�Collect on e�tidD��ry
D Colect w Delivery Restricted Delivery
D Insured Mail
rhlnsured MWIResMC.ed Delivery
9897 —„
2. -Mb Number(iransler rmrn seWce kdmO
7020 2450 110E11
PS Form 3811, July 202o Ps , _ D701
❑ Priority Mall Enprease
❑ Registered Mail"
❑ Replstan d Mai Restricted
D
ddlvary
❑ Signature Confinnedcn"
❑ Signature Confinatlon
Restricted Delivery
Domestic Return Receipt

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: '-%1RS RtZ4t,-
Address of Property:
Mailing Address of Owner: [ GVq /V[ ei5
Owner's email: RR4 BOR/IQ kCD W
Tr.
X 4V r (, 11a lof'te 2-82D7
Phone#:
Agent's Name: d l Iel"^ Agent Phone#: Rlo-3NJ
6� L lS4
Agent's EmailG.irtC G
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit h described to me, as shown on the attached drawing, the development they are proposing.
4 description or drewina. with dimansinns mnsf rb —;,x
I DO NOT have objections to this proposal. I DO have objections to this proposal.
n you nave objections to what is being proposed you must notHy the N.C. DlvisJon o/ Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
malted to 127 Cardinal Drive E![T, Wilmington, NC 28405. DCM representatives can also be contacted at
[phone]. No response is considered the same as no objection if you have been notlfled by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be Set back a minimum distance of 15' from my area of riparian access nless waived by me (this
does not apply to bulkheads or riprap revetments). (If you wish to waive the tback, you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15' setbac�e/
-0R-
orunl,er sia)acent hrrpanan Property Owner
I do not wish to waive the 15' setback requirement (initial the blank) RECEIVED
Signature of Adjacent Riparian Property Owner: AUG 0 6 2021
TypediPrinted name of ARPO:
WILMINGTON, VC
Mailing Address of ARPO:
ARPO's email: ARPO's Phone#:
Date: "waiver is valid for up to one year from ARPO's Signature'
RECEIVED Revised May 2021
AUG 19 2021
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Hal Fogleman
92 Harold Court
Hampstead, NC 28443
Dear Mr. Fogleman:
NORTH CAROL.INA
Environmental Quality
August 17, 2021
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Charles
Rayburn Jr., for State approval for development of the subject property located at 301 Beach Road North, adjacent to
Middle / Topsail Sound, in New Hanover County. It was received as complete on August 14, 2021 and appears to be
adequate for processing at this time. The projected deadline for making a decision is October 28, 2021. An additional
75-day review pedod 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 August 14, 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 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can he 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.
Sincere/ ,
,, o&--
Katharine Elks
Field Representative
cc: Gregg Bodnar, DCM Holley Snider, DWR RECEIVED
USAGE Charles Raybum, Applicant
Christine Bouffard, LPO AUG 19 2021
DCM-MHD CITY
D �..- North Carolina Department of Environmental Quality I Division of Coastal Management
Wdmmgton Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
"- 910.796.7215

z
m
n
M
M
v
NOTI(dw'$1,441'
CAMA PERMIT
APPLIED FOR
OOJ�GT Applicant proposed to replace a failing wooden
.,
isiana, worninq on, New Hanover Coun v.
t
COMMENTS ACCEPTED THROUGH September 13,E 2021
APP'_ICANT: FOR MORE DETAILS CONTACT
Charles Rayburn Jr. THE LOCAL PERMIT OFFICER BELOW:
1604 Myers Park Drive �~NC DIV. of
ar o e, 1 ar 1 .
Agent: Allied Marine Contractors LLC 1 Ming O ,
Hal Fogleman
[phone]

ROY COOPER
Governor
EUZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 18, 2021
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
a Charles Rayburn, Jr.
NORTH CAROLINA
Environmental Quality
Hello: Please publish the attached Notice in the Monday, August 23, 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 for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Wilmington office. /1
cc: MHC Files
Gregg Bodnar — MHC
USACE
DE
-tila
upport & Customer Assistance
RECEIVED
AUG 19 2021
DCM-MHD CITY
North Carolina Department of Environmental Quality I Divislon of Coastal Management
Wdmington Office 1 127 Cardinal Drive Extension I Mnlmington, North Caroftna 28405
910.7%.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On August 17, 2021, Charles Rayburn, Jr.
proposed to replace a jailing bulkhead resulting in 124 sgft of Coastal Wellandfill at 301 Beach
Rd. N., adj. to Middle Sound in If7linington, 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 September 13, 2021 will be
considered in making the permit decision. Later comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review & comment by the
public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
RECEIVED
AUG 19 2021
DCM-MHD CITY
North Carolina Department ofEnhronmentalQuality 1 DlWslonOfCoastal Management
Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
m wo "w

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 18, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:[phone] (Courier11-12-09)
gregg. bodnar(cDNCDENR.gov
SUBJECT: CAMA/D&F
Applicant: Charles Rayburn Jr.
Project Location: 301 Beach Rd North, Figure Eight Island, Wilmington, New Hanover County
Proposed Project: Proposal to replace the existing failing wooden bulkhead with a new vinyl
bulkhead resulting in 124sgft of Coastal Wetland fill within Middle/Topsail Sound
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by September 13, 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.
PRINT
AGENCY
SIGNATURE
DATE
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.
RECEIVED
AUG 19 2021
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

Major Permit Fee Schedule
Project Name: iza4oU VN
V->u\1cVmA
County: N &J Check No & Amount:
4ao04V (ems ► /!�40C)
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
$250
100% ($250)
0% ($0)
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas_
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, G, or D below applies.
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(G). If General Water Quality
Certification No 4175 could be applied, -
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
C.nificati°n No. 4175 cannot be applied'
$400
60% ($240)
40% 1
($ 60)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
AUG 19 2021
DCM-MHD CITY

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
8/16/2021
Allied Marine
Charles Rayburn
First
10351
$400.00
major fee, 301 Beach Rd N, Figure
KE rct.
Contractors LLC
Citizens
8 Island, Wilmington NHCo SPLIT
15729
Bank
60/40
0
0
b
v
n
o
ci m
m

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: "f Q I O/ 57U.N0
Fee: $ # 1 0 Sri J
CDAITS___ MIICcc-A,
Applicant C il Lts ROL vv-vx �•
Agent/Contractor: rL ( V1
Project Site County:
01%'fN
Staff: Yt C t Fr
District: Wilmington
Project Name: �H✓k `
Rover File: n/a
River Basin:
Initial date of applipti36 submittal: i y' ada I
Date application "received as comp/ate" in the Field office:
i L
Pertnil Authorization: CAMA Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
1
Sure
Santlbags: LJYes 'DpNo IJ Not Sure Did the land use cinsnitxtii
from county LUP: Yes E
Moratorium Conditions: Environmental Aqpssessment
❑Yes ❑No %NA ❑Yes ❑No L75NA
Shellfish Area Designation: Project Description: (code)
Open -or lose
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
71 Future Water Suoolv (FWS) I ❑ Nutrient Sensitive Waters (f
WETLANDSIMPACTED
Hazard Notification Returned:
❑Yes �(No
come Mitigation Required
D ❑Yes [VNo
me: Length of Shoreline
109 FT.
Development Area:
'd1$F�'
Swamp Waters (SW)
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Saltcome sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
El(SY) Salt reed grass (Spartina
Itemiflora)I
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
j ❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemenanus)
patens)
i
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
W III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
cre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major 1
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4744 can be applied - $400
RECEIVED
❑ Major development extension request- - ❑ IL Public or commercial/no dredge
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or Comm w /D&F to 1
AUG 19 2021
acre; 4144 can be applied; DCM needs
DWQ agreement - $400

Applicant: V'04b ►1
Date: Tl 1 V I7.0 1 %
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
One
One
New Work
Replace
1
�{
Maint ❑
1)(Y ❑ N
log
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑ Replace
Maint ❑ ❑ Y ❑ N
New Work Replace
Maint ❑ ❑ Y ❑ N
New Work Replace
Maint ❑ ❑ Y ❑ N
New Work
I Replace
Maint ❑
I ❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name Choose One
includes any
Excludes any
total includes
Fxctudes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impactMmn
impanel
1 imnanl am.t.11
tam. in, na.kl
amou nh
Q Dretlge ❑ Fill 19 Both ❑ Other ❑ I04421
L V V Dredge ❑ Fill Both ❑ Other ❑ I 114 W- I 12A Y "
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fin ❑ Both ❑ Other ❑
Dretlge ❑ Fill ❑ Both ❑ Other ❑
DCM-MHD CITY
919-733-2293 :: 1-888-4RCOAST it mrvnv.necoastalmanaaement.net revised: 02,26A B

DCM Coordinator Gregg Bodnar
County:
N4
Permit #:
WIRO E-MAIL DISTRIBUTION
�SHEET
., "
Circle on Bio R Permit for: (, Vlat 1'CS tr'�' y0 Vt IM ✓,
Oversize Plans sent:
DCM Offices:
Morehead City: PT (if oversize) via Courier
'cc Gregg & Amanda on group email w/ bip.narr.app.drawings, deed, comment sheet
'MHC documents (Gregg & Amanda)
Wilmington: Original hard-copy--Vl/
—
ONLY USACE & DWR tiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: inder & Carteret Cc): PN, CL, Reports, Split Sheet _
use bothFre
[e-mail] (NH/BR): PN, CL, Reports, Split Sheet _
Currey (NH/BR' PN, CL, Reports, Split Sheet _
Div of Water Resources: Aolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
�01 (PN/ON): PN, CL, Reports, Split Sheet _
Div of Water Resources: Vheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
V�Klm Harding _
DCM Planner/WiRO:
viNike Christenbury
Cultural Resources:
✓12enee Gledhill -Earley Environmental. Reviewonncdenrgov_
Natural Heritage Prog.
109dney Butler
DCA-Rural Eco. Dev:
Mark Ziegler
NC DOT:
.Havid Harris _
Wildlife Resources:
.40aria Dunn w/Reports
State Property Office:
"f'� Walton: DEED
NZiXke Moser_
anda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
✓Jeremy Humphrey (Bio) /Shannon Jenkins rP'� o
,Straron Gupton, Admin. _
DEMLR:
Public Water Supply:
City of Wilmington:
Enforcement:
_Co. LPO
Agent:
, 6hristine Hall - Stormwater Section
96n Sams - Land Quality Section _
_A4aidi Cox
Field Rep:
tL • E I IL S
0 V, � VL/1 I3v-u 4-a rk,
DISTRIBUTED: � 1 I q
RECEIVED
AUG 19 2021
DCM-MHD CITY
Updated 5/&21 CAMA/Shaun majors docs/e'Agency List