58-20 Minor Mod Smrz, Brian

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
58-20
Issued to Brian Smrz, 725 Larchmont St., Semi Valley, CA 93065
Authorizing development in New Hanover County at adj. to man-made canal off Middle Sound. at
1701 N. Lumina Ave, in Wrightsville Beach , as requested in the permittee's letter dated 4/12/21,
including the attached workplan drawings (2), both dated "Received DCM Wilmington, NC" 4/16/21 .
This permit, issued on June 10, 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
oe suolect to lines, imprisonment or cwu action; or may cause me permit to De nuu unit vota.
1) Unless specifically altered herein, this Minor Modification authorizes the boat lift deck, all as
expressly and specifically set forth in the attached letter and workplan drawings. Any additional
development activities may require a modification of this permit.
2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
3) This Minor Modification shall be attached to the original Permit No. 58-20, which was issued on
5/20/20, as well as all subsequent modifications, refinements, and copies of all documents must be
readily available on site when Division personnel inspect the project for compliance.
(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, 2023
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Z_/A:pw�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Brian Smrz
ADDITIONAL CONDITIONS
General
Permit No. 58-20
Page 2 of 2
4) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2003-00976.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2020-0209.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

DCM Coordinator: ��� i Permit #: S8 -2.C�? G %V�4_
MAILING DISTRIBUTIONL SHEET
Permittee: �Y]ClfttY 7 L�/z-L�r�f S� min. Y4l% Crf �!'�yJ(o�
Agents: l�r)cnSt�RZ / mwt
DCM Field Offices
Elizabeth City
Washington (with revised work plan drawings)
Morehead City
Wilmington /4 (OBJECTIONS )
US ACOE Offices:
Washington:
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)
Wilmington:
Greg Curry (Brute ick New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Wilmington:
Wildlife Resources:
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
Clif Whitfield (WARD)
Jimmy Harrison
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
eY Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover)
CZiffs"tine HaI Stonmwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Natural Heritage Program" Rodney Butler
LPO: Ion/ Wl (So-1
(NCDOT) Travis Wilson

4/12/21
To: NC Division of Coastal Management
Department of Environmental Quality
Wilmington Region District Manager
Dear Tara MacPherson,
I.3EC;I--:Mr-r
Attached are two drawings of a proposal for a minor modification request to Major Permit
58-20 at 1701 N. Lumina, Wrightsville Beach, 28480.
The proposal is to install a 12' x 18' platform onto the already permitted boat lift. This decking
will enable easier access to clean and/or put a cover on a boat in the lift among other things.
I have attached signed no objection notifications from two of the adjacent property owners,
Tony Wilson with the Town of Wrightsville Beach and David Callahan (Sunset Lagoon). I have
also attached the certified mall receipt which has been delivered to the new owners of 1
Parmele, John R and Susan P Allbert.
Please let me know if there is anything else I can provide.
Thank you,
Brian Smrc
RECEIVED
APR 2 2 2021
MP SECTION
DCM - MHD CITY

O .
a 300'
Brian Smrz
1701 N. Lumina
Wrightsville Beach N.C. 28M
Drawn by Brian Smrz .
on W21
#1 of 2
Scale
1 square of grid .-10'
4 squares of grid = 4W
1" = 40'
Town of Wrightsville Beach
13ECt iV;::D
E
RECEIVED
APR 2 2 2021
MP SECTION
DCM • MHD CITY

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Brian Smrz I I
1701 N Lumina{ ,•'
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ROY COOPER
Governor
DIONNE DELU-GATTI
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
MEMORANDUM
TO: Curt Weychert
Assistant Major Permits Coordinator, Wilmington
I
FROM: Tara MacPherson
District Manager, Willrigton
DATE: April 20, 2021
SUBJECT: Minor modification request State Permit No. 58-20,
Brian Smrz, 1701 N. Lumina Ave, Wrightsville Beach, New Hanover
Mr. Smrz is requesting to modify State Permit No. 58-20. State Permit No. 58-20 was originally
issued to Mr. Brian Smrz on May 20, 220 for docking facility configuration within Middle Sound.
A settlement agreement was issued on October 26, 2020 in relation to the riparian setback with an
adjacent property owner. DCM conducted a site visit on March 5, 2021 to verify the placement of
the approved structures under State Permit no. 58-20. This permit is due to expire on December
31, 2023.
Mr. Smrz is requesting modification to the existing permit for the installation of an 18 ft. long by
12 ft. wide platform within the existing boatlift pilings on the northern side of the permitted
docking facility. According to the proposal, the modification would not expand the existing
footprint. Mr. Smrz currently has authorization for up to 5 formalized boatslips.
It is the staffs recommendation that the proposed reconfiguration appears to be consistent with 15
NCAC 07H.0208 (b)(5) and existing permit conditions. This office has no objection to the
proposed work, provided it is consistent with all other state and federal permitting requirements.
The agent has submitted adjacent riparian property notifications and a check (#322) in the amount
of $100 for the modification request.
By copy of this memo, DCM is requesting that the USACE, DWR and the Town of
Wrightsville Beach, provide any comment that your agency may have on the proposed
project to Curt Weychert of DCM's Morehead City office within 14 days of receipt of this
memo.
Enclosures
cc: USACE
Tony Wilson, LPO
Holley Snider, DWR
RECEIVED
APR 2 2 2011
MP SECTION
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

NECURf D
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT 4R 61.01.i
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIOWWAI 6R Fpp�
4 Uvl._rtN;`t'�aifi, NC
Name of Property Owner:.
Brian Smrz
Address of Property: 1701 North Lumina, Wrightsville Beach North Carolina 28480 NewHanover
(Lot or Street#, Street or Road, City & County)
725 Larchmont St. Simi
Agents Name#: Brian Smrz Mailing Address: Valley Oa. 93065
Agent's phone#:
805-657-0077
I ,hereby certify that I own property adjacent to the above referenced property. The
applying for -this permithas described to me asshown on the attached drawing the de,
they are proposing: A description or drawing with•dimensions must be provided with t
X I have no objections to this proposal. I have objections to this proposal.
whatis
10 day:
notice.
bastal Management
for DCM offices Is
WAIVERSECTION
I understand that pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or liftmust
be setback 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:) RECEIVED
I do wish to waive the 15' setback.requirement.
1 do not+wish to waive the 15'�setback requirement.
Brian,Smrz
725 Larchmont St.
Matting Address
Simi Valley Ca. 93065
CitylStateMp
805-657-'0077 briansmrz@mao,com
Telephone Number7Enra# Address
3/18/21
Adle
APR 2' 2 2021
4P SECTION
Uw MHD CITY
(Riparian Property•Owner Information)
Partner
Signature DaviciX Callahan, Partner
Sunset Lagoon Investment Properties, LLP
Print or Type Name
219 Oval Park PI
Malling•Address
�Chaoe�,Hill N 27 17 _
CitylStatamp
9f9•'136-p5051 [e-mail]
Tetephone Number, l Eme11 Address
I4/7i2l
Dare
(i4evissdAug. 2014)'

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
h,P!t T G 201i
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVERCFORMC:'I'' :::.: i'i !, It(,
Name of Property Owner:
Address of Property:
Agent's Name #:
Agent's phone #:
Brian Smrz
1701 North Lumina, Wrightsville Beach North Carolina 28480 New Hanover
(Lot or Street #, Street or Road, City & County)
725 Larchmont St. Simi
Brian Smrz
805-657-0077
Mailing Address: Valley Ca.93065
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for his permit has described to me asTahown on the attached drawing the development
they a pr posing. A description or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you mustnotify the Division of Coastal Management
(DCM) In writing within 10 days of receipt of this notice. Contact Information for DCM offices Is
available athttn://www.nccoastalnrananementrret/wob/cm/staff-listing orby calling 1.888.4RCOASr.
No response Is considered the some as no objection if you have been notified by Codified Mall,
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift 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 RECEIVED
I do wish to waive the 15' setback requirement.
APR 2 21011
1 do not wish to waive the 15' setback requirement. MP SECTION
MHD CITY
(Property Owner
Brian Smrz
dnt or Tvne Ni
725 Larchmont St.
Simi Valley Ca. 93065 /
City/StatelZip
805-657-0077 briansmrz@mac.c(
Telephone Numberl Email Address
3/18/21
Dale
(Riparian Property Information)
Signdt tre
-.
Print or,F/y�ppeeN�ame /
Mailing Address `
l///r, G
City) alzip
Telephone Number) Email Address
3-36-Toz/
Date
(Revised Aug. 2014)

MacPherson, Tara
From:
Susan Allbert <[e-mail]>
Sent:
Friday, April 16, 2021 9:49 AM \
To:
MacPherson, Tara
Cc:
Elks, Katharine B; John Allbert
Subject:
Re: [External] Document - Apr 13, 2021
Categories: To Print
Hi Tara and Katharine,
We met with Trip Pippin this morning and he filled us in on all the details. We are all good with Brian's dock and will not
dispute that! Y'all have a great weekend!
Susan Allbert
Sent from my !Phone
On Apr 13, 2021, at 4:23 PM, Susan Allbert <[e-mail]> wrote:
Hi Tara,
More than anything we just need more time and want to know more about what is being asked of us.
The deadline to respond is 10 days and we aren't familiar with these guidelines. We just want to talk to
someone about it, there must be a reason that affects us if they are asking our permission and we would
like to know more. Will someone be in the office this Friday to receive what we need to submit in
writing if we drop by in person? It cannot be sent via email or fax? The Smri s are in town and we plan
to meet them to discuss but we would like to speak with you about this together. Could we arrange a
phone call between you and John and me before Thursday? M�, cell is [phone] RECEIVED
Thank you,
Susan Allbert
Sent from my iPhone
Am 2 2 2021
MP SECTION
DCM - MHD CITY
On Apr 13, 2021, at 4:02 PM, MacPherson, Tara <[e-mail]> wrote:
Yes, just to clarify, please submit the specific objection in writing to our office. I believe
the proposed work is within the existing footprint and you should have been provided
with a copy of the proposed platform within the boatlift pilings. If not please let me
know and I would be happy to forward that to you! �
Thank you,
Tara

DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner. Brian Smrz
Address of Property:
1701 North Lumina, Wrightsville Beach North Carolina 26460 New Hanover
(lot or Street M, Street or Road, City & County)
726 Larchmont St Simi
Agenfe Name * Brian Smrz Mailing Address: Valley Ca. 93065
Agent's phone #.
805-657-0077
I hereby ce" that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me asT&hewn on the attached drewing_the development
they are proposing. A description or drawing with dimensions must be provided with this letter.
I have no objections to this proposal. )( I have objections to this proposal.
if you have objections to what is being proposed, you must notlfy the Dhrfalon of Coastal Uenagament
(OC61) In writing wMhin 10 days of =Wpt of this no*& Conod hrfom)adon for DCN otHoes is
available athOp:Uwww.nccoosralmanaaementnettweh/cm/staN-Ilstlna orbycelling 14884RCOAST.
WAIVER.SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift 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.) RECEIVED
do wish to waive the 15' setback requirement.
I do not wish to waive the 16 setback requirement
Owner
Bdan Smrz
725 Larchmont St
MaBing Address
Simi Valley Ca. 93065
CllylSteteop
805-657-0077
Telephone Numberl Ematl Address
318/21
Date
Au
guLl
NC
-io'l 5` 3-io'7-7Li
Telephone Numberl Emall Address
H/ia-Lai
i) e I
APR 2 2 2021
MP SECTION
(Revised Aug. 2014)

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❑ Return Receipt (hardcopy) $
C3 [] Return Receipt (eleetraniO $ "
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Wevchert, Curtis R
From:
Currey, Gregory E CIV USARMY CESAW (USA)<Gregory.E.Currey@usace:army.miI>
Sent:
Friday, April 23, 2021 8:19 AM
To:
Weychert, Curtis R
Cc:
MacPherson, Tara
Subject:
[External] RE: Minor Modification Request
CAUTION: External email. Do not click links or open attachments.unless you verify. Send all suspicious email as an attachment to
'Report Spam.
Curt, this project is consistent with the issued and currently valid PGP-291 Permit.
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707
From: MacPherson, Tara <[e-mail]>
Sent: Thursday, April 22, 2021 10:13 AM
To: Weychert, Curtis R <[e-mail]>
Cc: Snider, Holley <[e-mail]>; Currey, Gregory E CIV USARMY CESAW (USA)
<[e-mail]>; Tony Wilson <[e-mail]>; Pietila, Tanya K <[e-mail]>
Subject: [Non-DoD Source] Minor Modification Request
Hi All,
Tanya is out this week so I am sending a Minor Modification Request for State Permit 58-20. The project is located at
1701 North Lumina in Wrightsville Beach, NC. Please note that this project had a settlement agreement and DCM has
reviewed the site. Everything is in compliance to date.
Thanks,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macpherson(cDncden r.gov
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.

Weychert, Curtis R
From: Snider, Holley
Sent: Tuesday, May 25, 2021 12:12 PM
To: Weychert, Curtis R
Subject: RE: Minor Modification Request
Attachments: GC4175.pdf
The DWR has no objection to the minor modification request to install a fixed platform in the location of the boat lift
previously approved on the northeast portion of the docking facility. The project is subject to the attached water quality
general certification. Any future changes or modifications should reference DWR project #20200209.
Sincerely,
Holley Snider .. ......
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
Homn�anaavrrrt""'��
Ytp�Mkrvt a1 NIYum�n@Aitl p,uilry
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: Weychert, Curtis R <[e-mail]>
Sent: Monday, May 24, 20219:27 AM
To: Snider, Holley <[e-mail]>
Subject: FW: Minor Modification Request
Hey Holley, I wanted to check and see if DWR had any objections to this project. It has a long history so if you need info,
let me know.
Thanks,
Curt
Curtis Weychert
Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-808-2808 x211
Curt.WevchertcDncdenr.gov
400 Commerce Ave
Morehead City, NC 28557

MUMyMMFaNartmW WYry�
From: MacPherson, Tara <[e-mail]>
Sent: Thursday, April 22, 2021 10:13 AM
To: Weychert, Curtis R <[e-mail]>
Cc: Snider, Holley <hollev.snider@ncderingov>; Currey, Gregory E CIV USARMY CESAW (USA)
<[e-mail]>; Tony Wilson <[e-mail]>; Pietila, Tanya K <[e-mail]>
Subject: Minor Modification Request
Hi All,
Tanya is out this week so I am sending a Minor Modification Request for State Permit 58-20. The project is located at
1701 North Lumina in Wrightsville Beach, NC. Please note that this project had a settlement agreement and DCM has
reviewed the site. Everything is in compliance to date.
Thanks,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara.macpherson()ncdenr.aov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Caroiina Public Records Law and may be disclosed to third parties.

DIVISION OF COASTAL MANAGEMENT RECEIVED
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Brian Smn
COUNTY: New Hanover FEB 0 7 2020
PROJECT NAME: 1701 N. Lumina Ave. DCM-MHD CITY
LOCATION OF PROJECT: 1701 N. Lumina Ave., Adj to Sunset Lagoon/Middle Sound, Wrightsville Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-23-20
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: McGui
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PER S UNIT:
APPLICATION ASSIGNED TO: *Pdwr-WY'(
PUBLIC NOTICE REC'D: 2-12-20
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 4-7-20
HOLDS:
MAIL OUT DATE: 2-7-20
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: N/A
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $250#5254
END OF NOTICE DATE: 3-4-20
DEED REC'D: Yes / I
150 DAY DEADLINE: L(ZI lw
STATE DUE DATE: 34-20
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
Z 40 120
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
S(tZ
Zv 03 _a
DWR-401 Section
DWR— Public Water Supply
Z (; Lo
l
DEMLR — Stormwater
DEMLR — Sed and Erosion
Z 710
DOA — State Property Office
Wildlife Resources Commission
3 3
DMF — Shellfish Section
DMF — Habitat & Enhancement
3 I
DNCR— Archives & History
LI2o in
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
Iy
40
N

RECOMMENDATIONS for Brian Smrz 2/6/2020
Proposed Docking Facility Shaded Impact
Length of Shoreline = 300' x 8' = 2,400 ft' = 2,000 ft' Max. Allowable Square Footage
Proposed 16' x 6' Fixed Access Pier = 96 ft' (Access Credit)
Proposed 22' x 6' Fixed Access Finger Pier = 132 ft'
Proposed 14' x 14' Covered Fixed Platform (Gazebo) = 196 ft'
Proposed 41.5' x 12' Floating Dock = 498 ftz
Proposed 13' x 13' Uncovered Boatlift = 196 ft' (Credit)
Existing Sunset Lagoon Investment Properties, LLC Docking Facility = 601 ft'
Total = 1,427 ft'
As proposed, the project appears to be CONSISTENT with the Specific Use Standards for Estuarine
Waters and Public Trust Areas AECs, as set forth in 15A NCAC 07H .0208 (b) (6) for the proposed five
slip private residential docking facility. This office has no objection to the proposed work, provided that it
is consistent with all other local, state, and federal permitting requirements.
RECEIVED
va 0 7 2020
DCM-MHD CITY

a
ROY COOPER
GavemorMICHAEL S. REGAN
Secretary
BRAXTON DAVIS
NORTH CAROLINA Director, Division ofCooslal
b7i,wo,unental Quality Management
February 7, 2020
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.bodnart7a NCDENR.gov
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by _March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire 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 Dan Sams
AGENCY
SIGNATURE baud".
DATE February 7, 2020
State of North Carolina I Environmental Quality ICoastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
ova"C tiVED
F E B 1 0 2020

ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
February 7, 2020
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)
aregg. bodnar(a)NCDENR.gov
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new rive (5) slip private residential docking facility fora total of nine (9)
boatslips at this location.
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 March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Ohaf k elfdcv
AGENCY pybcc QC4 (4my
SIGNATURE dal. d(«„
DATE
-2 -r)-d U
RECEIVED
F E B 1 4 2020
FAP SECTION MHD
Swe dNorth Carolina Environmental Quality I Coaxal Management
127 Cardinal Drive Ext.. Wilminbhan, NC 28405 919 796 7215

,..
ROY COOPER
„�
t
Governor
`
MICHAEL S. REGAN
.�
Secretary
BRAXTON DAVIS
NORTH CAROLINA
Director, Division of Coastal
Gnvn'ontnenral Ovolin'
Management
February 7, 2020
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.bod nar(ZDNCDENR.Qov
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
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 March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire 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
FEB 1 7 2020
SIGNATURE lJ,0i1.21stdiwu%2ov for Shannon Jenkins
NIP SECTION' T'X�
DATE
02/14/2020
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NO 28405 919 796 7215

ROY COOPER
Gwvnwe
7�
r MICHAEL S. REGAN
�:rrmry
BRAXTON DAVIS
.. Prrcohn, lJwwine pJCvonY<A'
dR�n+g.•mmt.
February 7, 2020
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)
grew. bodnar(&NCDENR.aov
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon1middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
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 March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME M A y. � 9' a I ) e,
AGENCY N t b e--, t , (7 F to nil myy
SIGNATURE
E.
DATE 311' 2�0
State of North Carolina I Environmental Quality I Coastal M®esemeat
127 Cardinal Drive Ext.. Wilmington. NC 28405 919 796 72t5
MAR 2 2020
MP SECTION it HD

ROY COOPER
k y
MICHAEL S. REGAN
o
' S'revinry
!a
BRAXTON DAVIS
t 14�8'EFt �7?.RC?L!NA
Uhvcmr. )Atirmn t
„ . .r, vae%e=>+a:. •,,l,ltt;
gemenf
btm)"mgemnrt
February 7, 2020
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)
grega. bodnaraNCD EN R.gov
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
Please indicate below your agency's position or viewpoint on the proposed. project and
return this form to Gredo Bodnar at the address above by Meech 4, 2020; If you have any questions
regarding the proposed project, contact Tyler McGuire 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"
P,wVolp , _� This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
9 are incorporated. See attached.
_ This agency objects to the project for reasons described in the attached comments.
1PR_IN7 IdAM �[Lncig j�l j k Ar-d
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31.GNAJURE iil�iA/1�0121. 41+a--cCvir%�
VATE 03- 03 - a a
Slate of North Carolina I Environmental Quality I Coaxal Managemenl
127 Cardinal Drive Ext, Wilmington, NC 29405 919 796 7215
IEIVEED
MAR n 2020
P SECTION 6VIIHD

# a ROY COOPER
r. 1
MICHAEL S. REGAN
BRAXTON DAVIS
C,2D.02.10•�1
February 7, 2020
MEMORANDUM.
FROM: Gregg Bodnar, Assistant Major Permits Coordinator 8 9 j017
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557 " s
Fax: [phone] (Courier 1-12-09) FED 2020aeaa bodnar0)NCDENR oovEl
1'• = ,rn
SUBJECT: CAMA
y+ Y.
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset LagooMMiddle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grew Bodnar at the address above by March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire 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"'
VThis 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 1 af( o. T Bunn
AGENCY N Gn,1 u_
SIGNATURES 1�--
DATE 3- 3 - 20 20
State ofNorih Carolina I Emiro=mtal Qmlity I CoaatalMa gmnmt
127 Cardinal Drive Ext., Wilmh"gtoa. NC 29405 919 7967215
i 6.�. c rj.. 1��
MAR 2 2020

Grremrr
�
1 -
MICHAEL S. REGAN
sr,.<,,,.,:
BRAXTON DAVIS
NORTH CAROLINA
/,name. Pifl.90n n/'t'nnaJt
Enart•nJera')!trd (,.!vd1!(v
1JauW,jcmNl
February 7, 2020
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 cDNCDENR.gov
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5)`shp private residential docking facility for a total of nine (9)
boatslips at this location.
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 JR 4,1 If you have any questions
regarding the proposed project, contact Tyler McGuire at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
jiGENCY i J �! V� Cut Nl,- . Eli S
$IGNAT[JRE l t ,. u-
RECE 11 ED
MAR 1 6 2020
MP SECTION POHD
State of North C=Ena I Envimamemml Quahry I Coastal Management
127 Cardinal Ddw Ext., Wilmingtan, NC 28405 919 796 7215

ROY COOPER
............
MICHAEL S. REGAN
BRAXTON DAVIS
NORTHCAROLINA
l)ur.vur. Pon em..f(, .hd
rlll'll'tgllllclNll/Q... IN.
AftomI&k-wM
February 7, 2020
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. bodnarANCDENR.go
SUBJECT: CAMA
Applicant: Brian Smrz
Project Location: 1701 N Lumia Ave., adjacent to Sunset Lagoon/Middle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grew Bodnar at the address above by March 4, 2020, If you have any questions
regarding the proposed project, contact Tyler McGuire at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: ! This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME /07/// (�J//%� 7�C 2r,y;4� vFPOc /Alw f}
&4�H`' l'oo-oq
AGENCY /UWy 44 ki
SIGNATURE RECEIVED
DATE APR 1 2020
State of North Carolina I Environmental Qlality l Co Ial Mampmenl --'� SECTION FAHD
127 Cardinal Ddw Ea., Wilmington, NC 28405 919 796 7215

DocuSign Envelope ID: 7EEDD89C-B1F6<093-9C4E-EAC6403BF42F
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
April 3, 2020
DWR # 2020-0209
New Hanover County
Brian Smrz
725 Larchmont Street
Simi Valley, California 93065
Subject: No Written Approval Required
1701 N. Lumina Ave — Wrightsville Beach, NC 28480
Dear Mr. Smrz:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application
request dated received by this office on February 7, 2020. DWR issues approval in the form of a
Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it.
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in
your application do not require written authorization to utilize GC 4175. However, you are required
to follow the conditions listed in the attached certification. You should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/
or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the CAN. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
If sending via delivery service (UPS,
FedEx, etc.): RECEIVED
APR 6 2020
IlIi North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension 1M,P9'5 l `V Y U SYy� H I)
A „. V t✓Yu Yyir?J
910.796.7215

DocuSign Envelope ID: 7EEDD89C-B1F6-4D93-9C4E-EAC6403BF425
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please
contact Robb Mairs at 910-796-7215 or robb.mairs(a)ncdenr.00v if you have any questions or
concerns.
Sincerely,
Doouegnea Oy:
tevt Ua San4k'-� 6"2 E
E]ABA14AC70G' U .
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
cc: Gregg Bodnar & Curt Weychert, DCM Morehead City Office, EC
Liz Hair & Greg Currey, USACE Wilmington Regulatory Field Office, EC
Trip Pippin, Pippin Marine Construction, LLC, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
RECEIVED
APR 6 2020
MP SECTION MIHD

Bodnar, Gregg
From:
Benson, Tyler G
Sent:
Tuesday, March 31, 2020 11:41 AM
To:
Bodnar, Gregg
Cc:
Mairs, Robb L
Subject:
Project Updates
Hey Gregg,
Hope all is well with you. Considering the following projects:
Jacksonville Oyster Highway - Issued under DWR# 20180260 V2, requiring written approval through GC 4175.
Deerbrook, LLC - Issued under DWR# 20200151, not requiring written approval through GC 4175.
SMRZ, Brian - Appears to not require written approval through GC 4175, under DWR# 20200209.
DMF Swan Island - Appears to require written approval through GC 4175, under DWR# 20110952 V3.
Thanks,
Tyler Benson
Environmental Technician I
Wilmington Regional Office: 127 Cardinal Drive Extension; Wilmington, NC 28405
Tyler. [e-mail]; (P)910 796 7336
DES
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application — Joe Priest,
Wrightsville Beach, New Hanover County
Date: March 18, 2020
This project is consistent with the Wrightsville Beach Land Use Plan Update.
The applicant proposes to modify and expand the existing docking facility by installing a
new five -slip private residential docking facility for a total of nine (9) boat slips. The
project is located at 1701 N. Lumina Avenue in Wrightsville Beach.
Areas of Environmental Concern (AEC's) impacted by the proposal are PTA and EW.
Waters at the project site are classified as SB# and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Wrightsville Beach Land Use Plan
Update and offer the following comments.
The general area of the project is classified as Residential-1.
In general, the Wrightsville Beach Land Use Plan contains policies, which allows
development in Residential classified AECs, which is consistent with the State's
minimum use standards. The Wrightsville Beach Land Use Plan contains some policies,
which exceed the State's minimum use standards. However, none of these policies
appear to be applicable to this project.
This project is consistent with the Wrightsville Beach Land Use Plan Update.
RECEIVED
APR 1 2020
M? SECTION NUM

Yla,u,• g4tw r✓
Pi,
ER 20-0331
Historic Preservation Office
„ Received: 02/14/2020
February 7, 2020
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)
creoa. bodnar0.NCDENR.aov
ROY COOPER
Gmera"r
MICHAEL S. REGAN
\',cmnm•
BRAXTON DAVIS
1 ):rzernq lfianaa,jl'�w,trA
AlunnF •nrnn
Due: 02/29/2020
A-- a
SUBJECT: CAMADU /29/2020
Applicant: Brian Smrz S
Project Location: 1701 N Lumia Ave., adjacent to Sunset LagoonlMiddle Sound
in Wrightsville Beach, New Hanover County
Proposed Project: Proposal to remove an existing three (3) slip private residential docking facility to
construct a new five (5) slip private residential docking facility for a total of nine (9)
boatslips at this location.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greau Bodnar at the address above by March 4, 2020. If you have any questions
regarding the proposed project, contact Tyler McGuire at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINTNAME Renee Gledhill -Earley
RECEIVED
AGENCY Historic Preservation Office
FEB 1 9 2020
SIGNATURE �(•t�•L �x.(X1Lt,%
6 IP SECTION MHD
DATE �' ��' l7l+CAi(J
Stare orNmh Camlina I Fmimnmemal Quality I Coastal Managmnent
127 Cadiwl Dtive En. Wilmingtom NC 28405 9197967213 FEB 18
2020

Bodnar, Gregg
From:
Currey, Gregory E CIV USARMY CELRP (USA) <[e-mail]>
Sent:
Thursday, April 9, 2020 5:07 PM
To:
[e-mail]; [e-mail], [e-mail];
[e-mail]; Owens, Jennifer L CIV USARMY CESAW (USA); HORTON, J
TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (USA); DCR -
Environmental_Review; Bowers, Todd; ethan coble; [e-mail]; fritz.rohde,
matt creelman; Bodnar, Gregg; Twyla Cheatwood; John; Mairs, Robb L; MacPherson,
Tara; Howell, Jonathan; Haupt, Mac; McGuire, Tyler D; Weychert, Curtis R
Subject:
[External] SAW 2003-00976 Brian Smrz Dock
Attachments:
Smrz.bio.narrative.app.drawings.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
All
The Corps is likely to process the above permit application under PGP-291. The Corps (USACE) is requesting federal
agency comments on this permit application by May 11, 2020.
The project is located adjacent to Sunset Lagoon of Banks Channel at 1701 North Lumina Avenue, Wrightsville Beach,
North Carolina.
The proposal is to remove an existing three slip private residential docking facility and construct a new five slip
residential docking facility into Sunset Lagoon canal of Banks Channel. The proposed dock includes a 16 feet by 6 feet
access pier, a 22 feet by 6 feet finger pier, a 14 feet by 14 feet gazebo and a 41.5 feet by 12 feet floating dock. Project
impacts will include 1,091 square feet of dock space over open water of Sunset Lagoon.
Please see the attached application request, plans dated November 13, 2019 and revised January 2, 2020, and a location
map for more detailed information concerning the proposed project.
EFH:
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not
likely to adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
The waters within Sunset Lagoon and Banks Channel are designated SB by the Division of Water Resources. The Waters
ARE NOT designated as PNA by the NC Division of Marine Fisheries and are conditionally approved closed, relative to the
harvesting of shellfish.
ESA:
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest
North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project
may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines would be
required as a condition of this proposed action.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 12, 2020
Regulatory Division
Action ID No. SAW 2003-00976
Mr. Jonathan Howell
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
RECEIVE®
M AY 1 2 2020
MP SECTION MHD
Reference the application to remove, re -construct and expand a docking facility (Smrz
Dock) located adjacent to Sunset Lagoon of Banks Channel at 1701 North Lumina Avenue,
Wrightsville Beach, North Carolina (N 34.218403 W-77.788611).
The proposal is to remove an existing three slip private residential docking facility and
construct a new five slip residential docking facility into Sunset Lagoon canal of Banks Channel.
The proposed dock includes a 16 feet by 6 feet access pier, a 22 feet by 6 feet finger pier, a 14
feet by 14 feet gazebo and a 41.5 feet by 12 feet floating dock. Project impacts will include 1,091
square feet of dock space over open water of Sunset Lagoon.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. 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.eov/nc-
es/mammal/manatee euidelines.odf.
3. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For
further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910)
772-2191.
4. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to insure the
structure and moored boats will not be damaged by wave wash.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee
shall immediately report it to the N.C. Division of Water Resources at [phone], Ext. 526 or
[phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
6. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this project
with a copy of this permit. A copy of this permit, including all conditions, shall be available at the
project site during construction and maintenance of this project.
7. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and
the immediate stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973
8. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the
North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
9. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the water
or wetland to its pre -project condition.
10. Violations of these conditions or violations of Section 404 of the CleanWdt"brEdt EUVE
M AY 1 2 2020
MP SECTION MHD

10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army
Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
CURREY.GREGORY Digitally signed by
CURREY.GREGORY.EUGENE105
. E U G E N E.1051011 1011950
950 a40M05.II09:19:1a
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Attachment:
Plans dated November 13, 2019 & January 2, 2020
Copy Furnished by email with attachment:
Mr. Paul Wojoski
Division of Water Resources
North Carolina Department of Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
ITMII�"N,rMUiLT"G I
Mr. Gregg Bodnar
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr.Fritz Rohde
Ms.Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
RECEIVE®
MAY 1 2 2020
PAP SECTION MHD

Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
89 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403.1343
May 12, 2020
Regulatory Division
Action ID No. SAW 2003-00976
Mr. Jonathan Howell
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application to remove, re -construct and expand a docking facility (Smrz
Dock) located adjacent to Sunset Lagoon of Banks Channel at 1701 North Lumina Avenue,
Wrightsville Beach, North Carolina (N 34.218403 W-77.788611).
The proposal is to remove an existing three slip private residential docking facility and
construct a new five slip residential docking facility into Sunset Lagoon canal of Banks Channel.
The proposed dock includes a 16 feet by 6 feet access pier, a 22 feet by 6 feet finger pier, a 14
feet by 14 feet gazebo and a 41.5 feet by 12 feet floating dock. Project impacts will include 1,091
square feet of dock space over open water of Sunset Lagoon.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. 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 htti)://www.fws.gov/nc-
es/mammal/manatee guidelines.pdf.
3. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For
further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910)
772-2191.
4. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to insure the
structure and moored boats will not be damaged by wave wash.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee
shall immediately report it to the N.C. Division of Water Resources at [phone], Ext. 526 or
[phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
6. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this project
with a copy of this permit. A copy of this permit, including all conditions, shall be available at the
project site during construction and maintenance of this project.
7. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and
the immediate stabilization of all disturbed areas. Additionally, the project must remain in full
compliance with all aspects of the Sedimentation Pollution Control Act of 1973
8. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the
North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 1'0 NTU's or less in trout waters, are not
considered significant.
9. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the water
or wetland to its pre -project condition.
10. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section

10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army
Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
CURREY.GREGORY Digitally signed by
CURREY.GREGORY.EUGENE.105
.EUGENE.1051011 1011950
Nta: ]030.05.13 08:1914
950 -0c00-
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Attachment:
Plans dated November 13, 2019 & January 2, 2020
Copy Furnished by email with attachment:
Mr. Paul Wojoski
Division of Water Resources
North Carolina Department of Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Tara MacPherson
Mr. Gregg Bodnar
North Carolina Department of
Environmental Quality
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr.Fritz Rohde
Ms.Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

�x IsrIN� RIPAP-IAAI 51-kuV1rY
1 \
1 Lor 2
PIERHEAD LINE SCALED PARMELEE ISLES 1
a FROM MAP BOOK 37 SECTION A
PAGE 361 _-� M.B. 5, PG. 127 \
BUILDABLE AREA \
�a \ LOT i
73S O.FT.
VICINITY MAP SET N IAL'- LOT 1
NO SCALE N 80'22'00" E BULKHEAD PARMELEE ISLES
50.00 S SECTION A
`S3• M.B. 5, PG. 127 I
SOUND /LAGOON / F h//ENCROA(
1.1'
I.P.
RIPARIAN CORRIDOR
FOR LOT 1 / /FLOATING -
MAP BOOK 37 PAGE 361 �j �� DOCK -
PIER' )
BOAT LIF
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0 100e!2/ 15' DRAINAGE �
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/ O Y'SG INLE�'� `% _�.
/ jPRI
AZEBO WOOD FEB 072020
I� FLOATING AAG PICKET O 1
7.5' EASEMENT vN.P.S. V
N 22'19'00" WN T
110.00• \
(TOTAL)
vy
;\ 0 +�
\ G
NOTE: SEE BOOK 3453 \ ��� E
PAGE 789, AREA SUBJECT
TO FUTURE POSSIBLE
SUBDIVISION \ a%
GRAPHIC SCALE: 1"=60' /
0 30 60 90 120
Plat of Survey For:
THE SMRZ TRUST
BOOK 5809 PAGE 1483
TOWN OF WRIGHTSVILLE BEACH NEW HANOVER COUNTY
NORTH CAROLINA
Legend:
I.P.S. IRON PIPE SET • PROPERTY CORNER
E.I.P. EXISTING IRON PIPE 11 EXISTING CONCRETE MONUMENT
N.P.S. NO POINT SET (L CENTERLINE
Address: 1701 NORTH LUMINA AVENUE
MICHAEL UNDERWOOD and ASSOCIATES, PA
102 CINEMA DRIVE, SUITE A
WILMINGTON, NC 28403
PHONE: [phone]
FAX: [phone]
E-MAIL: muaCNsaac.net
IECM
`. DCM-MHD CI
ry
EXCLUSIVE
C)t ; PERPETUAL EASEMENT
BOOK 3453 PAGE 789
Survey Reference
BOOK
5809 PAGE
1483
MAP BOOK 5 PAGE 127
BOOK
1134 PAGE
1609
BOOK
2261 PAGE
472
BOOK
3453 PAGE
789
NOTE: THIS LOT IS LOCATED IN AN
AREA OF 100 YEAR FLOOD.
NORTH CAROLINA
NEW HANOVER COUNTY `,.0%11CAR OC.,�;
QE /o-.i�J�c�
1, MICHAEL N. UNDERWOOgo THAT THig.;PC/\T�4AS DRAWN
UNDER W SUPERVISION Fiai3:gN SU MADE UNDER
MY SUPERVISION DESCRIP@)N �5 SM�THE FATE OF THIS
PLAT RATO OF PRECISIOU CQ IS
1/10,000 + THAT THE NOT SU ARE SHOWN
BY BROKEN LINES PLOTTED 'AilO LQ7RFNCFO
CAROLINA- WITNESS MY ORIGINAL SIGNIPME, LICENSE
NUMBER AND SEAL THIS 22ND DAY OF JANUARY
AD., 2020
MICHAEL N. UNDERWOOD, P.L.S.
LICENSE NUMBER L-2962
SEAL OR STAMP RECEIVED
NOrm Wmina Aw\dvp\I701 N wwmA
0CM WILMINGTON, NC