HomeMy WebLinkAbout8-19 Gross & Shawrermrt mass
NEW
Permit Number'
"8=19`'�
STATE OF NORTH CAROLINA
Department of Envuori mental Quality
and
Coastal Resources Commission
r
Verm,it
RECEIVED
APR 3 0 2019
DCM-MI-ID CITY
for
X Major Development in an Area of Environmental Concem
pursuant to NCGS 113A-118
X Excavation and/or filling. pursuant to NCGS 1137229
Issued to Dustin. Gross and Harry Shaw, 417 Bradley Creek Point Road Wilmington NC 28403
Authorizing development in New Hanover County adi. to Bradlev Creek.. at 409417 Bn.dlev
Creek Point Road, in Wilmington , as requested in the permittee'.s application dated 10/12/18, including attached
1-8 of 8 all
This permit, issued on April 12 20I9,, is subject to compliance with the application (where consistent
with the permit), all 'applicable regulations, special conditions and notes set forth Below. Any violation of these terms may
be subject to fines, imprisonment or civil action;, or may cause;the permit to be null and void. .
Excavation & Spoil Disposal
1) The area of excavation shallmot exceed the,„area depicted on.the attached workplan drawings.
2) Excavation shall not exceed feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No excavation or filling of any vegetated wetlands is authorized by this permit.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized:
(See attached sheets for Additional Conditions)
This permit action maybe appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the
qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission.
This permit must . be accessible on -site- to Department
personnel when tlie 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, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management program.
� koli i-fA
folt Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
. Signature ofPermittee
Gross and Shaw Permit No. 8-19
Page 2.of 3
ADDITIONAL CONDITIONS
5) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures toprevent spillover of solids
into any marsh or surrounding waters.
6) No spoil material shall be placed within 30 feet of the normal high water line.
7) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
8) The spoil area shall° be inspected and approved by the Division of Coastal Management prior to the
beginning _of any dredge activities.
Maintenance Clause
9) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
future maintenance work, as authorized by this permit, and such notification shall include:
A. ` ' The number -of the original permit.
B. A statement that no dimensional clianges are proposed.
C. A copy of the original permit:.plans with cross. -hatching indicating the area to be maintained, the
area to be -used for spoil disposal, and the estimated amount of material to be removed. The
location; designandhalding capacity of the. spoil disposal site shall be approved by a. representative
of.the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee.'s signature shown aneww on thCoriginal plan.
General
10) This permit does not authorize the excavation or filling of any vegetated wetlands.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation..
12) ._ This permit shall not be assigned, transferred, sold, --or otherwise disposed .of.to a thud parry without the
written approval of the Division of Coastal Management.
13) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
NOTE:. Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 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: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Gross and Shaw Permit No. 8-19
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project via GC 4144 and
assigned DWR Project. No. DWR-2018-1591v1, which was issued 1/7/19.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
APR 3 0 2019
DG,�ti-M"-M CITY
End PN/Comment Deadline: 1 Z/ 1 z((rL�
30 Day Comment Period:
tl�lt�— scv�k
ft4*tV1d w bout - W VW VKL L T 1a USFlC'61 L /I&(/ AJZ DO-
U VwS mtt 41vy, U,S*c,57 -a) Shlt tn,.cdL to W 1r14n.c he wf NAA-10-1),on—
�� n1 w4 3(;, (cAkcka Oval)
I/T1011— Mil fb (kwf) V L4c 0 M'Y fiw. to tuvr w r
wii- ^�JA&m, e*t+1X ,d yWew pt404 ((5-0 - 4/l1'
(,{ASS USl4l/� "W Ktrr S�L� p�lSpOsd
p 14 Af-- Lim (ilti) `S a atia p(�Li lu rtt
KL,caps 4-o
ew�ai,ls A�tf'�"�� • �( c.+vtwh+ a reCnuw�'
11�11rl- ►Uul�u( owl
4- DKW
qj� q — u- cF- *-,crA j of w�sew-t ac)r.ccwu4,t+,,�—
III
413/d� jq,
Issued
RECEIVED
APR 3 0 2019
DCM-MHD CITY
R
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Dustin Gross and Harry Shaw COUNTY: New Hanover
PROJECT NAME: Gross A Shaw Maintenance Excavation
LOCATION OF PROJECT: 409-417Bradiey Creek Point Rd, adjacent to Bradley Creek, in iPdmbgton
DATE APPLICATION RECEIVED COMPLETE BY FIELD: Click or tap to enter a date.
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded, N/A
FIELD REPRESENTATIVE: Sargon DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:/
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Spems
PUBLIC NOTICE RECD: 11-22-18
ADJ. RIP. PROP NOTICES RECD:
C) 75 DAY DEADLINE:1-29-19
MAIL OUT DATE:11-19-18
PERMIT FINAL ACTION: ISSUE 4 ft DENY
FEE RECD: $400 (W40) # 1455
END OF NOTICE DATE: 12-12-18.
DEED RECD: No
150 DAY DEADLINE:
STATE DUE DATE: 12-12-19
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
MIS j S -4qt t-
DCM - LUP Consistency Determination{
-
Local Permit Officer
Corps of Engineers - Regulatory Branch
DWR-401Section
I��� "1
X
G(/Ig^
DWR-Public Water Supply
DENILR- Stormwater & Sed/Erosion
DOA - State Property Office
Wildlife Resources Commission
DME - Shellfish Section
DNF - Habitat & Enhancement
DNCR - Archives & History
2 rl 1
DNCR-Natural Heritage Program
30
%
NCDOT
Rural Development Division
RECEIVED
too 3 0 "1119
f �-r CITY
vet
MEMORANDUM
To: Courtney Spears
From: Michael Christenbury, Wilmington District Planner 61
Subject: Consistency Determination, Major Permit Application, Dustin Gross and
Harry Shaw, Wilmington, New Hanover County
Date: January 9, 2019
'his project is consistent with the 2006 Wilmington -New
Land Use Plan Update.
The applicant is proposing to excavate an existing access channel and basin within
Bradley Creek. The project is located at 409-417 Bradley Creek Point Road in
Wilmington, New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are ES, EW and
PTA. Waters at the project site are classified as SC 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 2006 Wilmington -New Hanover
County CAMA Land Use Plan and offer the following comments.
The general area of the project is classified as Developed/Conservation.
In general, Wilmington -New Hanover County allows development in Developed and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The Wilmington -New Hanover County Land Use Plan contains some policies,
which exceed the State's minimum use standards, however none of these policies are
applicable to this project.
This project appears to be consistent with the 2006 Wilmington -New Hanover
County Joint Land Use Plan Update.
Cc: File
RECEIVED
APR 3 0 2019
DCM-MHD CITY
A,H�
Spears, Courtney
From:
Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent:
Friday, December 07, 2018 4:12 PM
To:
Surgan, Brooks R; Amico, Patrick J
Cc:
Spears, Courtney; Coburn, Chad
Subject:
[External] Corps project review update
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
This email is to notify you of the Corps' permit review process on the recently received following projects in New
Hanover County:
Brooks:
Corps AID: SAW-2018-01450
Project Name: Shandy Point Landowners
PGP 291
*I'll get the Notice out as soon as I can
Corps AID: SAW-2018-02186
*Project Name: 409-417 Bradley Creek Point/Gross and Shaw NWP 35 *Will need to coordinate with Navigation and Real
Estate since it looks like they will need to cross the Corps ROW to access the disposal site
Patrick:
Corps AID:SAW-2018-01740
Project Name: 238Inlet Point Drive/Buffkin
*1 have a question regarding the bulkhead placement and presence of any 404 wetlands behind the CAMA line. Based on
the plan submitted it appears that there is only a small fringe of coastal wetlands waterward of the existing shoreline, is
that correct?
** The docking facility replacement should fit the Corps GP 56.
Thanks -Have a good weekend.
Liz
Regulatory Project Manager
Wilmington District
WArmy Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hair@usace.army.mil
RECEIVED
APR 3 0 2019
DCM-MHD CITY
910-251-4049
DocuSign Envelope ID: D9B876F6-26E7-4792-A7D2-24EC64046268
9tv,
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
November 19, 2018
MEMORANDUM:
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev.soearsiccDricdenr.gov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Couitnev Spears at the address above by December 12, 201& If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
when appropriate, in-depth comments with supporting data is requested.
x
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.
Morelia Sanchez King
PRINT NAME
Division of water Resources- water Quality Regional operations section
AGENCY
oawtutrrd er.
SIGNATURE E3ABR16AC70C434-
1/15/2019
DATE
RECEIVED
RECEIVED
APR 3 0 2019
DCM-MHD CITY JAN 17 2019
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
DCM WILMINGTON, NC
DocuSign Envelope ID: D9B876F6-26E7-4792-A7D2-24EC64046268
ROY COOPER
lovvaor
MICHAEL S. REGAN
sectw-y
LINDA CULPEPPER
M ctor
Mr. Dustin Gross
Mr. Harry Shaw
417 Bradley Creek Point Road
Wilmington NC 28403
NORTH CAROLINA
awkwummidQ0aft
January 9, 2018
New Hanover County
DWR Project: 2018-1591
Subject Property: 409-417 Bradley Creek Point Road - Wilmington
Approval of 401 Water Quality Certification with Additional Conditions
Dear Messrs. Gross & Shaw,
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.04 acres of open waters in order to perform maintenance dredging within an existing
access channel and a basin as described in the application received by the N.C. Division of Water
Resources (DWR) on November 19, 2018. After reviewing your application, we have decided
that the impacts are covered by General Water Quality Certification Number 4144 (GC4144).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
ho://Mrtal.ncdenr.org/web/wg/sm2/ws/401/certsandpgmiLts
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
DECEIVED
APR 3 0 r019
DCM-MHD CITY
RECEIVED
JAN 17 2019
DCM WILMINGTON, NC
D_EQ� North Carolina Department of Environmental Quality I DNlsionofWater Resouroes
Wilmington Regional Office 1 127 Cardiral Drive Extension I WdmingtoM North Carolina 28405
m
— 910.7%.7215
DocuSign Envelope ID: D9B876F6-26E7-4792-A7D2-24EC64046268�
The Additional Conditions of the Certification are:
1. 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 the 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 approval letter and General Certification and is responsible
for complying with all conditions. Any new owner must notify the Division and request
the Certification be issued in their name {15A NCAC 02H .0501 and .0502 ).
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices
must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please
notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms 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 a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
7. The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other apVtffgQ)fi4iremems
of State and Federal law. If the Division determines that such standards or laws are not
JAN 17 2019
RECEIVED DCM WILMINGTON, NC
APR c 0
DCM-MHD CITY
DocuSign Envelope ID: D9a876F6-26E7-4792-A7D2-24EC64046268 106
being met, including failure to sustain a designated or achieved use, or that State or Federal
law is being violated, or that further conditions are necessary to assure compliance, than
the Division may reevaluate and modify this General Water Quality Certification. [15A
NCAC 02H .0507(d)]
8. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional
Office at 910.796.7215 and after hours and on weekends call (800) 858-0368.
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
9. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
10. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
11. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
b=://yortal.nedenr.or web/wq/syT/ws/401/certsandpermits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of Ge_ng ID 150B by
filing a written petition for an administrative hearing to the Office of A tId MID
Hearings
(hereby known as OAH). A petition form may be obtained from qq01(9AH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at (SA%1 4 M-3000 for
information. Within sixty (60) calendar days of receipt of this notice, a petition must et&d�th
the OAH. A petition is considered filed when the original and one d - g with any
RECEIVED
APR 3 0 )N9
DCM-MHD CITY
v
DowSign Envelope ID: D8B876F626E74782-A7D2-24EC64046268
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed
to -the OAH at (919) 431-3100, 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
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 of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at (910)796-7379 or Chad.Coburnamcderingov.
Sincerely,
oa:waM" w•
E3Aen14,w7Do4.y._
Morella Sanchez -King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4144
cc: Greg Finch — Land Management Group, Inc. (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
Courtney Spears — DCM Wilmington (via email)
RECEIVED
DCM._MhD CITY
RECEIVED
3AN 17 2019
DCM WILMINGTON, NC
Mh
November 19. 2018
MEMORANDUM.
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier04-16-33)
courtnev.soearsCdlncdenr oov
SUBJECT CAMA/Dredge & Fill Application Review
Applicant: Dustin Gross and Harry Shaw
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
�INt�lPrtpG3(
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by December 12a 2018, If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
when appropriate, in-depth comments with supporting data is requested.
REPLY: VThis 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 muk ('oC4,.
AGENCY AEG - PGt6kc Luc ( 4/
SIGNATURE A&A _4W4.ti
DATE 11-17_ IS
Stateorvorth Caroline I Environmental Quahtyl Coastal Management
127 Cardinal Dnve Eat., Wdmingtm, NC 28405 919 796 7215
RECEIVED
APR 3 0 2019
DCM-MHD CITY
RECEIVED
NOV 2 7 2M
!)CM WILMINGTON, NO
Mµ6
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
I1trcCn,r' `)O'Ifunl ,ll (:,N.�IUi
:1 /l,llth ,:plagl
November 19, 2018
MEMORANDUM
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier04-16-33)
courtney.sDearsOnodenr. goy
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Swears at the address above by December 12, 201& If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
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 NAMEyPAtQ — 1:5&rhS
AGENCY __tsE 1_/lL L z
SIGNATURE 6
DATE r` I Zo I zP I $
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
RECEIVED
APR 3 0 2019
DCM-MHD CITY
RECEIVED
NOV 2 0 2018
DCM WILMINGTON, NC
0C
ROY COOPER
mrrninr
MICHAEL S. REGAN
Sre.vra.,
BRAXTON DAVIS
;en,ryeryravn
November 19, 2018
MEMORANDUM
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier04-16-33)
courtneyspears d)ncdenr.goy
SUBJECT CAMA /Dredge & Fill Application Review
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by December 12, 2018. If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
when appropriate, in-depth comments with supporting data is requested.
REPLY: Al 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.
\" RECEIVED
PRINT NAME �k)U \\\�?CCU
/l APR 3 0 2019
AGENCY O U \(✓�
OCM-MWD CITY
e RECEIVED
SIGNATURE
DATE
NOV 20'C'g
DCM WILMINGTON, NC
Smte of Nodh Carolina I Enwonmenul Quality,' Coastal Management
127 Cardinal Dnve Eq., Wilmington, NC 28405 919 796 7215
VIA,
ROY COOPER
u,,,,•,1,,,,
MICHAEL S. REGAN
BRAXTON DAVIS
n;,.
November 19. 2018
MEMORANDUM:
FROM: Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
courtnev.spearsCa2ncdenr gov
SUBJECT: CAMA /Dredge 8 Fill Application Review
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by December 12, 2018. If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
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 Wdr v eV, wi "v S.
AGENCY tiC
SIGNATURE
DATE I f w
Sate of North Carolina I Favhonmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
(RECEIVED
APR 3 0 ?oI9
DCM-MHD CITY
,,
ED
UM WILMINGTON, NC
WOV2s118
ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
November 19, 2018
MEMORANDUM:
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
cou rtney. spears(ancden r. gov
SUBJECT CAMA/Dredge & Fill Application Review
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek. in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by December 1Z 2018. If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
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 �+'r / V VL f 6Hcf
AGENCY Ak X2M L
SIGNATURE ��� .ail l°LA..
DATE
Swlc orNtMh Carol= hmmrmnwntal owlity Coaxal Managemcnt
127 Cardinal Dn,c lst_'A Iminglon, NC 29405 919 7% 7215
F_CE1VED
APR 3 0 2019
DCM-MHD CITY
DECEIVED
DEC i 8: 0i)
OCM WILMINGTON, NC
ROY COOPER
Govemw
MICHAEL S. REGAN
Se, retary
STEPHEN W.MURPHEY
Dire, lw
MEMORANDUM:
TO: Courtney Spears, DCM Assistant Major Permit Coordinator
FROM: Curt Weychert, DMF Fisheries Resource Specialist
SUBJECT: Dustin Gross and Harry Shaw
DATE: December 18, 2018
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the
CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
applicant is proposing to perform maintenance excavation of a manmade channel within the
confluence of Bradley Creek and the Atlantic Intracoastal Waterway (AIWW). The addresses of the
properties are from 407-417 Bradley Creek Point Road. The waters within the project area are
classified as SC by the NC Division of Water Resources and designated as a secondary nursery area
(SNA) by the NC Division of Marine Fisheries (NCDMF). The applicant is proposing to excavate
1,885 square feet of bottom habitat consisting of 200 cubic yards of sandy material.
SNAs are estuarine waters where later juvenile development takes place. Species within
this area are mixture of juveniles that have migrated from the primary nursery areas
upstream, sub -adults and adults. This habitat is commonly used as a developmental
transitional zone. The resuspension of sediment can create an increase in turbidity that
larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An
increase in suspended sediments can result in clogged gill surfaces and mortality, and can
cover oysters, SAV, and other sessile fauna and flora.
In order to protect this SNA habitat, NCDMF would request coordination prior to any
dredging if the footprint or volume of dredge material changes in the future.
Contact Curt Weychert at (252) 808-8050 or C tr .W ychert(ftcdenneo with further questions or
concerns.
—]"Nothing Compares,,
Srute of North Carolina I Dwisk,u ut Marine f isherias
Ml Arende l Street P.O. Bw 7M Morehead Cay. North Caroh,u, 28557
252 71h-7021
RECEIVED
DEC 18 2018
QCM WILMINGTON, NC
RECEIVED
APR 3 0 2019
M-MHD CITY
November 19, 2018
MEMORANDUM
Received: 12/03/2018
State Historic Preservation Office ROY COOPER
MICHAEL S. REGAN
", 111
BRAXTON DAVIS
Amy M1rr. /brra.M n/! LyrLrl
1AwM1,\�axrn
ER 18-3978
F Fl,
T
Due -- 12/11/18
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext . Wilmington, NC 28405
Fax 910-395-3954 (Courfer04-16-33) A-
courtney spears(Q7ncdenr. goy
SUBJECT CAMA/Dredge 8 Fill Application Review L U
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd adjacent to Bradley Creek. in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by December 12, 2018. If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
when appropriate, in-depth comments with supporting data is requested.
REPLY:
PRINT
AGENCY
This agency has no objection to the project as proposed
"Additional comments may be attached"
YThis 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.
b:EIVED
Renee Gledhill -Earley
State Historic Preservation Office
SIGNATURE F- iA'l)(Il-- Q�yCltli
DATE l 2 �
tium of �onb l'andim Imuonnwnial /)ruLp ('9�uel \ImWpemrm
127l Ant Dmr I v, Ndrmnppm. V 2X405 91911Ar 721�
APR 3 0 2019
OCM—MHD CITY
wtFcoveo
DEC 10 2018
®CM WILMINGTON, NC
NnV P ', 20IR
Mi
ROY COOPER
w ft
MICHAEL S. REGAN
BRAXTON DAVIS
r ,
November 19, 2018
MEMORANDUM
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington. INC 28405
Fax :910-395-3964 (Courier04-16-33)
courtnev spears()ncdenr goy
SUBJECTS CAMA/Dredge & Fill Application Review
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by December 12, 2018. If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
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.
DATE��D��
State of Nonb famh. Emimnmcmal Quahq (brutal MamE<mcm
127('ardinal lhivc Ext.. Wilmington. N(26405 9197967215
RECEIVED
APR 3 0 201g
0CM-MH0 CITY
RECEIVED
NOV 30 0�
(OCM WILMINGTON, NC
L'
ROY COOPER
Uuvemnr
MICHAEL S. REGAN
.Sec'relary
BRAXTON DAVIS
Dirrclor, Divi.�'rnn oj('aavral
Management
November 19, 2018
MEMORANDUM:
FROM Courtney Spears, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Fax: 910-395-3964 (Courier 04-16-33)
cou rtnev. soearsi0ftcden r. oov
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Dustin Gross and Harry Shaw
Project Location: 407- 417 Bradley Creek Point Rd., adjacent to Bradley Creek, in Wilmington
New Hanover County
Proposed Project: maintenance excavation of an existing access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Courtney Spears at the address above by December 1Z 2018. If you
have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425
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 /'! A l K F R i`S / 2 4
AGENCY 6e/z4:t6f-yam
SIGNATURE /" AV/ v
DATE
RECEIVED
APR 3 0 2019
DCM-MHD CITY
RECEIVED
Lt_- " 082018
State of Noah Carolina I Environmental Quality I Coastal Managem�^M WILMINGTQN NO
127 Cardinal Drive ExG, Wilmington, NC 28405 919 796 721
hL 0
Spears, Courtney
From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Thursday, January 17, 2019 5:55 PM
To: Spears, Courtney
Subject: RE: [External] Corps project review update
CAUTION: External email. Do not click links or open attachments unless you verified. Send all suspicious email as an
attachment to report.spam@nc.gov<mailto:report.spam@nc.gov>
Hey -I still need to coordinate with Navigation on the Bradley Creek project. That is being reviewed as a NWP 35. 1 need
to look at Patrick's response related to Buffkin. We are reviewing the dock as a GP 56, but I had questions regarding the
bulkhead and wetlands.
Liz
-----Original Message -----
From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov]
Sent: Wednesday, January 16, 2019 8:05 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI>
Subject: [Non-DoD Source] RE: [External] Corps project review update
Hey Liz,
Have you had a chance to look at the Buffkin project? Any update on how you might process it?
Also, have you looked at Gross and Shaw (409-417 Bradley Creek Pt Rd in New Hanover - maint dredge)?
Those are the two projects coming up on their 75 day dates. The others are 291 which I assume are in a holding pattern
due to the shutdown? Thanks for any insight you can provide! Hope all is well!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
RECEIVED
APR 3 0 2019
DCM-MHD CITY
Department of Environmental Quality
910 796 7426 office
courtney.spears@ncdenr.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.
From: Amico, Patrick J
Sent: Monday, January 14, 2019 9:25 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Cc: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: Re: [External] Corps project review update
Hi Liz:
I apologize- somehow I missed your question in the email below from December.
On the subject property, at 238 Inlet Point Drive, there is a thin band of coastal wetlands located along the shoreline,
followed by phragmites and pennywort, and then the vegetation switches over to ornamental lawn grass.
Here's an excerpt from the bio for the property:
As proposed, the new bulkhead would disturb approximately 100 ft2 of estuarine shoreline, fill approximately 160ft2 of
Coastal Wetlands (consisting primarily of Smooth Cordgrass (Spartina alterniflora)), and disturb approximately 2000 ft2
of high ground with tie back anchor installation and backfill (including the entire limit of disturbance). A majority of the
filling/incorporation of Coastal Wetlands would occur on the eastern side of the proposed fixed platform in one large 90-
100 ft2 area, and the remaining impact would be on smaller, thin bands (14) of Coastal Wetlands on the western side
of the fixed platform. The thin bands of Coastal Wetlands that would be impacted are surrounded and/or intermixed
with Common Reed (Phragmites Australis) and several upland species, including Pennywort (Hydrocotyle bonariensis),
Southern Dewberry (Rubus trivialis), and other native grasses.
I have not been trained in 404 delineation, but those are the species I noted. I'm happy to swing over there and take
some photos if you would like to see what's on site. I could get over there today or tomorrow -just let me know if you
need to see it.
Thanks very much, and sorry I missed your question in the first place.
Patrick Amico
Environmental Specialist
NC Division of Coastal Management
Department of Environmental Quality
910 796-7423 office
910 395-3964 fax
patrick.amico@ncdenr.gov <mailto:patrick.amico@ncdenr.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. RECEIVED
APR 3 0 2019
DCM-I AHO CITY
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil<mailto:Sarah. E.Hair@usace.army.mil> >
Sent: Friday, December 7, 2018 4:12 PM
To: Surgan, Brooks R; Amico, Patrick
Cc: Spears, Courtney; Coburn, Chad
Subject: [External] Corps project review update
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
This email is to notify you of the Corps' permit review process on the recently received following projects in New
Hanover County:
Brooks:
Corps AID: SAW-2018-01450
Project Name: Shandy Point Landowners
PG P 291
*I'll get the Notice out as soon as I can
Corps AID: SAW-2018-02186
Project Name: 409-417 Bradley Creek Point/Gross and Shaw NWP 35 *Will need to coordinate with Navigation and Real
Estate since it looks like they will need to cross the Corps ROW to access the disposal site
Patrick:
Corps AID: SAW-2018-01740
Project Name: 238 Inlet Point Drive/Buffkin
*1 have a question regarding the bulkhead placement and presence of any 404 wetlands behind the CAMA line. Based on
the plan submitted it appears that there is only a small fringe of coastal wetlands waterward of the existing shoreline, is
that correct?
** The docking facility replacement should fit the Corps GP 56.
Thanks -Have a good weekend.
Liz
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SENT VIA EMAIL
Land Management Group, Inc.
c/o Greg Finch
gfinch@lmgroup.net
Dear Sir:
NORTH CAROLINA
Environmental Quality
January 29, 2019
OL,
This letter is in reference to your application for a Coastal Area Management Act Major
Permit on behalf of Dustin Gross and Harry Shaw to undertake development activities
adjacent to their property Bradley Creek Point Road, in Wilmington, New Hanover County.
Although processing of the application is nearing completion, additional time is needed for
this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by
G.S. 113A-122 (c) which would make April 14, 2019, the new deadline for reaching a
decision on your request However, we expect to take action prior to that time and will do
so as soon as possible. In the interim, should you have any question on the status of your
application, do not hesitate to contact me by phone (910-796-7426) or e-mail
(courtney.spears@ncdenr.gov).
Assistant Major Permits Coordinator
cc: WiRO file
MHC file
Liz Hair, USACE, email cc
Chad Coburn, DWR, email cc
RECEIVED
APR 3 0 2019
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405.
910.796.7215
Spears, Courtne
From: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil>
Sent: Friday, January 25, 2019 7:29 AM
To: Hair, Sarah E CIV CESAW CESAD (US)
Cc: HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (US)
Subject: RE: Spoil Disposal adjacent to DA (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
HI Liz,
Real Estate will issue a Consent to cross a government easement for any location once the correct DA is determined and
SAS OPS approves the action. John
V/r
John E. Manning
US Army Corps of Engineers
Senior Realty Specialist
Savannah Division -Real Estate
Wilmington and Charleston Districts
910-251-4474
The information contained within this message is for informational purposes and is not considered contractually binding
upon the government in any way or legal advice. Any other use of the email or attachments by you is prohibited.
--Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Wednesday, January 23, 2019 6:10 PM
To: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil>
Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Arnette, Justin R CIV USARMY
CESAW (US) <Justin.R.Arnette@usace.army.mil>
Subject: Spoil Disposal adjacent to DA
John,
Attached is an overall plan and narrative for a proposed dredging project in Bradley Creek. The application states that
disposal location is adjacent to DA 251 and DA 248 (discrepancy in the application -not sure which one it is). The
applicant states the material will be placed on high ground outside of the Corps' Easement Boundary.
Please let me know if you have any comments/concerns, or need additional information.
Thanks,
Liz RECEIVED
CLASSIFICATION: UNCLASSIFIED
APR 3 0 2019
DCM-MHD CITY
Spears, Courtney
From: Spears, Courtney
Sent: Wednesday, January 30, 2019 8:45 AM
To: 'Hair, Sarah E CN CESAW CESAD (US)'
Subject: FW: FW: [External] RE: 2 projects
Please see below from Greg, and let me know what we need to do with this info. Thanks[
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spears@ncdenr.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.
From: Finch, Greg <gfinch@lmgroup.net>
Sent: Wednesday, January 30, 2019 8:22 AM
To: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: Re: FW: [External] RE: 2 projects
Shaw and Gross is Agnes Beane property outside the USACE ROW adjacent to DA248. Spoil location figure shows correct
location but does not call out the DA #, disregard any text refs to 251 in the application.
Shandy Point spoil location figure correctly shows Shore Acres property outside USACE ROW adjacent to DA 251.
Let me know if this will suffice, I can add a quick reference on the figure for Gross and Shaw if needed.
Thanks,
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@lmgrouo.net RECEIVED
Land Management Group I Environmental Consultants
3805Wrightsville Avenue, Suite 151Wilmington, NC 284031www.lmgroup.net ApR 302019
DCM-MHD CITY
On Wed, Jan 30, 2019 at 7:46 AM Spears, Courtney <courtney.spears@ncdenr.aov> wrote:
Hey Greg,
Please see below, and attached, from Liz. On the Gross and Shaw project I think two different DA #s are referenced.
They need to clarify the DA for any consent to cross agreement (per attached email). Let me know if there are any
questions.
Thanks!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spears@ncdenr.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.
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Tuesday, January 29, 2019 5:03 PM
To: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: [External] RE: 2 projects
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.seam@nc.aov<mai Ito: repo rt.spam@nc.gov>
Courtney,
Attached is the response from Real Estate regarding the consent agreement related to the Gross and Shaw/Bradley
Creek dredge project. Please clarify the correct location of the disposal site.
As I mentioned on the phone this morning, I am still awaiting agency response from the US FWS and EPA on the Shandy
project. Hopefully that will come soon as they get back into the swing of things after being gone for a month.
Thanks,
Liz
---------- Forwarded message ---------
From: "Manning, John E CIV USARMY CESAS (US)" <John.E.Mannine@usace.armv.mil>
To: "Hair, Sarah E CIV CESAW CESAD (US)" <Sarah.E.Hair@usace.armv.mil>
Cc: "HORTON, J TODD CIV USARMY CESAW (US)" <James.T.Horton@usace.armv.miI , "Arnette, Justin R CIV USARMY
CESAW (US)"<Justin.R.Arnette@usace.armv.miI>
Bcc:
Date: Fri, 25 Jan 2019 12:29:18 +0000
Subject: RE: Spoil Disposal adjacent to DA (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
HI Liz,
Real Estate will issue a Consent to cross a government easement for any location once the correct DA is determined
and SAS OPS approves the action. John
V/r
John E. Manning
US Army Corps of Engineers
Senior Realty Specialist
Savannah Division -Real Estate
Wilmington and Charleston Districts
910-251-4474
The information contained within this message is for informational purposes and is not considered contractually
binding upon the government in any way or legal advice. Any other use of the email or attachments by you is
prohibited.
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Wednesday, January 23, 2019 6:10 PM
To: Manning, John E CIV USARMY CESAS (US) <John.E.ManninQ@usace.army.mil>
Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Arnette, Justin R CIV USARMY
CESAW (US)<Justin.R.Arnette@usace.armv.miI>
Subject: Spoil Disposal adjacent to DA
John,
Attached is an overall plan and narrative for a proposed dredging project in Bradley Creek. The application states that
disposal location is adjacent to DA 251 and DA 248 (discrepancy in the application -not sure which one it is). The
applicant states the material will be placed on high ground outside of the Corps' Easement Boundary.
Please let me know if you have any comments/concerns, or need additional information.
Thanks,
Liz
CLASSIFICATION: UNCLASSIFIED RECEIVED
APR 3 0 9019
DCM-IAHD CITY
Spears, Courtney
From: Spears, Courtney
Sent: Wednesday, January 30, 2019 1:30 PM
To: 'Finch, Greg'
Subject: FW: [External] RE: CAMA Application: Shinn Creek Estates HOA
Hey Greg,
Please see below for info on the consent agreement. Looks like you (or the applicant) will need to coordinate directly
with USACE Real Estate. I think the best point of contact will be:
John E. Manning
US Army Corps of Engineers
Senior Realty Specialist
Savannah Division -Real Estate
Wilmington and Charleston Districts
910-251-4474
Let me know if you have questions.
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spea rs@ ncdenr.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.
---Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Wednesday, January 30, 2019 11:19 AM
To: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: RE: [External] RE: LAMA Application: Shinn Creek Estates HOA
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov>
Sorry ... For the Consent to Cross: I meant the Bradley Creek Project (Gross and Shaw) ... not the Hewat* �3pg1J¢hI I
can't keep these projects straight -sorry. Ili���((�;tt �l VV ttDD
A11^'0'M
Mki- 1ND ems
-----Original Message ----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Wednesday, January 30, 2019 11:15 AM
To: 'Spears, Courtney' <courtney.spears@ricdenr.gov>
Subject: RE: [External] RE: LAMA Application: Shinn Creek Estates HOA
Hey,
Regarding the Hewett Marina project:
Below is the condition from our 2017 regional conditions regarding obtaining a consent to cross from the Corps:
3.12.2 The permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use
Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures,
authorized dredging or other work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-
1343, email: SAWWeb-NAV@usace.army.mil
The applicant should go ahead and make contact in order to start the process.
I will be authorizing the project under a NWP 35, but may not get to the paperwork until next week..Manatee Guidelines
will be included as a special condition.
Thanks,
Liz
-----Original Message -----
From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov]
Sent: Wednesday, January 30, 2019 7:48 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Ha!r@usace.army.mil>
Subject: [Non-DoD Source] RE: [External] RE: CAMAApplication: Shinn Creek Estates HOA
Thank you for the updates! When I get the correct DA # should I send it directly to John (or you) or does the applicant
need to coordinate with Real Estate directly for the consent agreement?
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spears@ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondencecto and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
----Original Message ----
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Tuesday, January 29, 2019 5:01 PM
To: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: [External] RE: CAMA Application: Shinn Creek Estates HOA
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<mailto:report.spam@nc.gov>
I'll be getting the notice out on this one this week.
Thanks,
Liz
-----Original Message -----
From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov]
Sent: Friday, January 25, 2019 9:10 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI>
Subject: [Non-DoD Source] FW: CAMA Application: Shinn Creek Estates HOA
Hey,
Any update on this one?
Thank you!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
RECEIVED
910 796 7426 office pop 3 0 ,919
DCM-MHD CITY
courtney.spears@ncdenr.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.
From: Simpson, Shaun
Sent: Friday, January 25, 2019 8:08 AM
To: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: FW: CAMA Application: Shinn Creek Estates HOA
From: Simpson, Shaun
Sent: Tuesday, December 11, 2018 1:33 PM
To: 'Sarah. E.Hair@usace.army.mil' <Sarah.E.Hair@usace.army.mil<mailto:Sarah.E.Hair@usace.army.mil>>; Coburn,
Chad <chad.coburn@ncdenr.gov <mailto:chad.coburn@ncdenr.gov>>
Subject: CAMA Application: Shinn Creek Estates HOA
Hello Liz & Chad:
There is a supplemental Water Quality Sampling Report& Historical Aerials Report that I can send via Courier if you'd
like. I've downloaded it, and is currently somewhere in Cyberspace. sks
Please accept this correspondence as the official distribution of a CAMA application from Rodney Long for expansion of
his existing docking facility in New Hanover County. Attachments include: Field Investigative Report, narrative,
application, workplans, comment sheet and any other document specifically for you.
NOTE: Please complete the bottom portion of the comment sheet with your information and signature.
NO oversized workplans have been submitted by the applicant
This email has a return receipt notification. Please accept the request, as we will use it to log receipt of the application.
As DCM moves forward in updating our electronic permitting efforts this process will evolve, so we appreciate your
understanding as we move away from a paper -based application.
For questions or concerns, please contact Courtney Spears at courtney.spears@ncdenr.gov
<mailto:courtney.spears@ncdenr.gov> or (910) 796-7426.
Thanks,
Shaun
Shaun Simpson
Permit Support & Customer Service
NC Department of Environmental Quality
NC Division of Coastal Management<BlockedBlockedhttp://www.nccoastaimanagement.net/>
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: (910)796-7226
Shaun.Simpson@ncdenr.gov
RECEIVED
E-mail correspondence to and from this address
may be subject to the North Carolina Public APR 3 0 2019
DCM-MHD CITY
Records Law and may be disclosed to third parties.
,Ov
M
Spears, Courtney
From: Finch, Greg <gfinch@lmgroup.net>
Sent: Thursday, January 31, 2019 8:19 AM
To: Spears, Courtney; Hair, Sarah E CN CESAW CESAD (US)
Subject: [External] Re: Gross and Shaw extension
Courtney, Liz:
Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018.
For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property adjacent to
DA251.
Thanks,
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: afinch@lmaroup.net
Land Management Group 1 Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net
On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtnev.spears@ncdenr.laov> wrote:
Hi Greg,
We still need more time for agency review on this project — see letter attached. Please let me know if there are any
questions.
Thank you!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
RECENED
APR 3 0 9019
DCM-MHD CITY
courtnev.soears(cDncden r.00v
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.
Spears, Courtney
From: Finch, Greg <gfinch@lmgroup.net>
Sent: Thursday, January 31, 2019 8:19 AM
To: Spears, Courtney; Hair, Sarah E CIV CESAW CESAD (US)
Subject: (External] Re: Gross and Shaw extension
Courtney, Liz:
Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018.
For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property adjacent to
DA251.
Thanks,
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: Rfinch@lmRroup.net
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net
On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtnev.spears@ncdenr.gov> wrote:
Hi Greg,
We still need more time for agency review on this project— see letter attached. Please let me know if there are any
questions.
Thank you I
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
RECEIVED
APR 3 0 7019
910 796 7426 office
t DCM-AItiD CITY
courtney.spears(a7ncden r.Qoy
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.
MHO
Spears, Courtney
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Wednesday, April 03, 2019 4:11 PM
To: Spears, Courtney
Subject: [External] FW: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED)
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<mailto:report.spam@nc.gov>
FYI
-----Original Message -----
From: Arnette, Justin R CIV USARMY CESAW (US)
Sent: Tuesday, March 26, 2019 1:09 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.miI>
Cc: HORTON,1 TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Manning, John E CIV USARMY CESAS
(US) <John.E.Manning@usace.army.mil>
Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
As long as bostic is the person performing the work then it shouldn't be an issue on our end. If he is not, then they will
have to get their own consent to cross using the same info in my last email.
Thanks.
Justin
----Original Message ----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Tuesday, March 26, 2019 12:54 PM
To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>
Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Manning, John E CIV USARMY CESAS
(US) <John.E.Manning@usace.army.mil>
Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED)
Justin,
This is for a small private docking facility on Bradley Creek. It is the Gross and Shaw application I sent to John back in late
January. Please see attached documents. Let me know if you have any other questions.
Thanks,
Liz
-----Original Messagee-----
RECEIVED
APR 3 0 2019
101CM41HO CITY
From: Arnette, Justin R CIV USARMY CESAW (US)
Sent: Tuesday, March 26, 2019 9:58 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Cc: HORTON,1 TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Manning, John E CIV USARMY CESAS
(US) <John.E.Manning@usace.army.mil>
Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Liz,
Recommend that the marina get their own easement to cross. It doesn't cost anything and is usually a pretty quick
turnaround time. Mike has one but it is meant for him to use when he is dredging small, private docks and not for when
he is dredging large commercial marinas. All we need to get the consent is a project description, outlining what the
project is, how it will be done, etc. with a request to cross our easement to gain access to a disposal area outside of our
easement. Then we will need a map showing where they plan to cross (google earth or similar will work fine). send that
info tome and we will get thing moving. thanks.
Justin
Justin Arnette
GIS Coordinator
Operations Division
Team Lead Cartographer
Wilmington District
U.S. Army Corps of Engineers
910-251-4196
justin.r.arnette@usace.army.mil
-----Original Message ----
From: HORTON,1 TODD CIV USARMY CESAW (US)
Sent: Monday, March 25, 2019 7:36 AM
To: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil>; Arnette, Justin R CIV USARMY CESAW
(US) <lustin.R.Arnette@usace.army.mil>
Subject: FW: [Non-DoD Source] Re: Gross and Shaw extension
-----Original Message ----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Thursday, March 21, 2019 5:07 PM
To: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>
Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension
Thanks ... I wasn't sure. Initially, the applicant was proposing to use Adam Kneirim as their contractor, but now may be
going with Michael Bostic? I'll have to follow up with the consultant on this.
-----Original Message -----
From: HORTON, J TODD CIV USARMY CESAW (US)
Sent: Thursday, March 21, 2019 4:13 PM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Cc: Annette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>
Subject: RE: [Non-DoD Source] Re: Gross and Shaw extension
Liz,
I'll discuss with John Manning tomorrow, but the consent was issued to Michael Bostic, so not sure it "covers" other
entities, such as Bradley Creek. I'll verify and get back with you.
Todd
----Original Message ----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Thursday, March 21, 2019 4:06 PM
To: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>
Subject: FW: [Nan-DoD Source] Re: Gross and Shaw extension
Please see attached.
Thanks!
Liz
-----Original Message -----
From: Hair, Sarah E CIV CESAW CESAD (US)
Sent: Thursday, March 21, 2019 4:04 PM
To: Arnette, Justin R CIV USARMY CESAW (US)<Justin.R.Arnette@usace.army.mil>
Cc: Manning, John E CIV USARMY CESAS (US) <John.E.Manning@usace.army.mil>
Subject: FW: [Non-DoD Source] Re: Gross and Shaw extension
Justin,
I received the attached Consent to Cross associated with the proposed work at the Bradley Creek site. Please let me
know if you have any questions or outstanding issues with this project. We are ready to issue.
Thanks,
Liz
---Original Message ----
From: Finch, Greg [mailto:gfinch@lmgroup.net]
Sent: Tuesday, March 19, 2019 10:13 AM
To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Cc: Spears, Courtney <courtney.spears@ncdenr.gov>
Subject: Re: [Non-DoD Source] Re: Gross and Shaw extension
Liz,
RECEIVED
I just received the updated copy. See attached. API) 9 0 19
DCM-i HCD CITY
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@Imgroup.net <mailto:gfinch@lmgroup.net> Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blockedwww.lmgroup.net
<BlockedhttP://www.lmgroup.net>
On Fri, Feb 1, 2019 at 5:26 PM Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil
<mailto:Sarah.E.Hair@usace.army.mil> > wrote:
Thanks Greg,
Navigation and Real Estate are asking for a copy. They can't find theirs. Please forward to me at your convenience.
Liz
-----Original Message ----
From: Finch, Greg [mailto:gfinch@lmgroup.net <mailto:gfinch@lmgroup.net> ]
Sent: Thursday, January 31, 2019 8:19 AM
To: Spears, Courtney <courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> >; Hair, Sarah E CIV
CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil <mailto:Sarah.E.Hair@usace.army.mil>>
Subject: [Non-DoD Source] Re: Gross and Shaw extension
Courtney, Liz:
Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018.
For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property
adjacent to DA251.
Thanks,
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 ) Cell: 910-470-4734
Email: gfinch @Imgroup.net<mailto:gfinch@lmgroup.net> <mailto:gfinch@lmgroup.net
<mailto:gfinch@lmgroup.net>> Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blocked Blockedwww.Imgroup.net
<Blockedhttp://Blockedwww.Imgroup. net><BlockedBlockedhttp://www.Imgroup.net>
On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtney.spears@ncdenr.gov
<mailto:courtney.spears@ncdenr.gov> <mailto:courtney.spears@ncdenr.gov<mailto:courtney.spears@ncdenr.gov>>
> wrote:
Hi Greg,
We still need more time for agency review on this project — see letter attached. Please let me know if there are any
questions.
Thankyoul
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental quality
910 796 7426 office
courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> <mailto:courtney.spears@ncdenr.gov
<mailto:courtney.spears@ncdenr.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.
RECEIVED
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED APR 3 0 9019
DCM-MF D CITY
I
NL
Spears, Courtney
From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>
Sent: Friday, February 01, 2019 5:27 PM
To: Finch, Greg; Spears, Courtney
Subject: [External] RE: [Non-DoD Source] Re: Gross and Shaw extension
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to report.spam@nc.gov<mailto:report.spam@nc.gov>
Thanks Greg,
Navigation and Real Estate are asking for a copy. They can't find theirs. Please forward to me at your convenience.
Liz
-----Original Message -----
From: Finch, Greg [mailto:gfinch@lmgroup.net]
Sent: Thursday, January 31, 2019 8:19 AM
To: Spears, Courtney <courtney.spears@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US)
<Sa ra h. E. Ha i r@ usace.a rmy. m i I>
Subject: [Non-DoD Source] Re: Gross and Shaw extension
Courtney, Liz:
Adam Knierim confirmed that Agnes Beane has a consent agreement in place for DA248. See DACW21-9-11-0018.
For the Shandy Point Project for Burrows Smith, there is no need for one to access the Shore Acres property adjacent to
DA251.
Thanks,
Greg Finch I CAMA Section Manager
Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734
Email: gfinch@lmgroup.net <mailto:gfinch@lmgroup.net> Land Management Group I Environmental Consultants
3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 Blockedwww.Imgroup.net
<Blocked http://www.lmgroup. net>
On Tue, Jan 29, 2019 at 4:14 PM Spears, Courtney <courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov>
> wrote:
RECEIVED
Hi Greg,
APR 3 0 2019
DCM-MHD CITY
We still need more time for agency review on this project — see letter attached. Please let me know)f there are any
questions.
Thankyou!
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.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.
2
Consent No. DACW21-9-19-0018
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
SAVANNAH DISTRICT
Consent No. DACW21-9-11-0018
Project: IW WNC6
Tract No. 4E and 5E
CONSENT TO CROSS EASEMENT
WHEREAS, the United States, has acquired a perpetual easement over Tract Nos. 4E and 5E,
Disposal Area 248, Atlantic Intracoastal Waterway, North Carolina, from Shore Acres Company,
by virtue of Easement Deed dated 8 February 1985, recorded at New Hanover County on 11
February 1985, Book 1278 Pages 1215-1218; and
WHEREAS, the United States has been requested to give consent to cross this area for the
purpose of disposal of dredge material on adjoining private lands and;
WHEREAS, the Wilmington District, U.S_ Army Corps of Engineers is responsible for the
operation and maintenance of Disposal Area 248, Atlantic Intracoastal Waterway Project.
NOW THEREFORE, the United States hereby gives consent to Mr. Michael Bostic, P. O.
1039, Wrightsville Beach, NC 28480 to cross Disposal Area 248 at the location shown on
EXHIBIT "A" attached hereto for the period beginning July 1, 2018 and ending June 31, 2019;
PROVIDED HOWEVER, that this consent is subject to the following conditions:
1. All activities conducted on the premises shall comply with all applicable Federal,
state, county and municipal laws, ordinances and regulations wherein the premises are located.
2. The giving of this consent does not in any way subordinate the United States' prior
easement rights. The United States shall in no case be liable for any damage or injury to the
structures herein consented to, which may be caused by any action of the United States under its
easement, or that may result from the firture operations undertaken by the United States, and no
claim or right to compensation shall accrue from such exercise of the United States' easement
rights.
3. The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the consented activity.
4. This instrument is effective only insofar as the rights of the United States in the
premises are concerned; and the grantee shall obtain such permission as may be required on
account of any other existing rights. It is understood that this consent does not eliminate the
necessity for obtaining any Department of the Army permit which may be required pursuant to
RECEIVED
APR 3 0 )nlg
DCtV'-1V-HG CITY
Consent No. DACW21-9-19-0018
the Provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33
U.S.C. 3 403), Section 404 of the Clean Water Act (33 U.S.C. Section 1344) or any otherpermit
or license which may be required by Federal, state, interstate or local laws in connection with use
of the premises,
5. Dredged material cannot be placed within the USACE ROW, nor can the top of dike
be utilized to access property outside of the ROW.
6• Grantee must provide a "Schedule for Work" for construction activities to the
Wilmington District, U.S. Army Corps of Engineers Navigation Land use Coordinator telephone
number (910) 251-4196. This schedule must be provided at least thirty (30) days prior to the
commencement of this segment of your work.
7. All USCG requirements must be fulfilled including, but not limited to, installation of
required signage prior to commencement of work within the AIW W right-of-way. The Grantee
shall be responsible for contacting the appropriate personnel at the US Coast Guard Group Fort
clearances.
Macon as well as the Wilmington Marine Safety Office and obtaining any necessary permits or
8. All work shall be conducted in strict accordance with applicable Department of the
Army (DA), North Carolina Department of Natural Resources (NCDENR) and United States Coast Guard (USCG) requirements.
9. Grantee must install the pipeline, such that, no pipe shall be installed above
—20 ft NGVD 1929 vertical datum within the 90-11 channel width of the AIW W.
10. Grantee must provide an "As -built" survey indicating the vertical and horizontal
location of the pipeline alignment. Grantee shall provide both plan and cross -sectional views
indicating following features: shoreline, channel limits, pipeline alignment, and signage
location. The survey must be referenced to the North Carolina State Plain Coordinate System
NAD 1983 US survey feet horizontal datum and NGVD 1929 US survey feet vertical datum.
The "As Built' survey shall be submitted in one of the following digital format: ".dwg", , dgn.",
or ".SHP". The "As Built" survey must be submitted within thirty (30) days of completion of the
HDD activities to the U.S. Army Corps of Engineers, Wilmington District, P.O. Box 1890,
Wilmington, North Carolina 28402.
RECEIVED
APR 3 0 2019
DCk.4_t,v r5 CITY
Consent No. DACW21-9-19-0018
11, The Grantee understands and agrees that
require the removalreloif future operations by the United States
right-of-way herein, cation, or other alteration, of the structure or work within the AIW W authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the Grantee will be required, upon due notice from the Corps
Of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the United States. No claim shall be made against the United States on
account of any such removal or alteration.
This Consent is not subject to Title 10 USC 2662 as amended.
1N WITNESS WHEREOF, I have hereunto set my hand by
of the Army, this day of authority of the Secretary
THIS CONSENT is also executed by the grantee this /S} day of 7Sp" t/A"
1�61 i
Mr. Michael Bostic
PRINT NAME: tWtW,4&G
RECEIVED
APR 3 0 nig
DCM-MHD CITY
RECEIVED
APR 3 0 2019
DCM-MHD CITY
DCM WILbi WTON, NC
JAN242019
■ 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 hack of the mallpiace,
_ or on the front if space permits.
1. Article Addressed to:
IhWM,MAN C REVT,RuSI 6lA,
W 2 SQI tib ri Qei vl�-
VWWWG(WrNL 294D3
ii niiiii ml uI l i i II I lu iuiii i ii i I I B II II III
9590 9403 ft9 5077 8210 71
7005 1820 0002 9135 8146
i PS Form 3811, Apra 2o15 PsN 753m2-owmw
■ 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 mtailplece,
or on the front if space permits.
t. Micla Addressedto: ----
f4ls "IV J Ji2
q(1"WO d?M(-pS)YrKW
Wi►I1AA/6S/,AK/ZW
IIIIIIIII IIII IIIII IIIIIII III�III'II III II III III
9590 9403 0119 5077 8210 84
I. reuse �(1fansNrrlaln service label)
7005 1820 0002 9135 8139
Ps Form 3811. April 2015 PSN 7530-(12-00a9D53
■ 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 from if space permits.
---
1. Artlde Addressed to.
�JbSEPH C, ti A/ANU/ K WNW
H)i Bfu9pl� (REE►�I�iNr� +O
k/jUA,iWtU,A&/ 28Ltq3
9590 9403 0119 5077 8210 88
2. Article Ntnntler (fiarrsler lro,n aerMce leba9
7005 1820 0002 9135 8153
PS Form 3811, Apra 201 s PSN 7t�10-02-0DD.ep53
X'tcrE? 6/ O AO Add
L3.es.
B. RacNved by Nrrq) 0. of t
v
M Is ddmy
a YES. a" No
r
o �'m d*j
DeiNrl
Vt. 41 br
D Carma
❑Cokolanp u{,rn ions
❑ Yraad IftillMW DaPl.m
❑ YMMedIY DNiwry
Dornastic Return Receipt
X ❑ Agent
❑ Addressee
B. Recelvsd bby, PMW Na 7W C. Date of Delivery
-t\ V- I V(L—ki1 ti
D. h deNay adk�ess dRfeerR iortt item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. SeMce Type
❑ Prlarey Melt E Messd
U MUM S19nasaa
U Radstered MaiTM
:] s Sipnebre Fkeatrktetl IblvarY
llistl Mall®
❑ Ragls:;*d Mall Restricted
R:J,%
DeYtrerr
❑ q b
❑ calect. Del
❑ Cciect on Daffy Restricted DelNery
❑ slgnatue COMR m -
❑ Ir�ad Mall
Ll Somb. Co WaM
CI Ial--J MeY Residctad Delivery
Restricted Dek y
Domestic Return Receipt
0 AMM
D. is delvery ed0ese delarerR Rem 79 M vas
R YES, enter ddimy mdnees below: 0 No
J. servile Type
L7 Adult Slgnatum
Prbdty MBY Ex�ressa
Ll MIA S��tn•nuro %strk;led
lild MMY DeNvary
Rsalskered ManTM
R=,ey'etl MeY ReMrkted
Lltierril„v! MeY Raasfctad Deft,,y
❑ Conect on DWKwy
El Feu Receipt for
❑ calect on DaYra,y Rmay%ed D*v"
MwManr),su
ElSlgretue Can@matbnTM
D Yriaetl Man
❑ Slgnawm Conrmnetion
] tl M
Newared Rastdchd Delvsy
4a
Rastrcted Del a y
Domestic Retum Receipt
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Bradley Creek / AIW W
Fee: $400 #1455
CDAITS _ MHC cc t�
Applicant: Dustin Gross & Harry Shaw
Agent/Contractor: Land Management Group c% Greg Finch
Project Site County: New Hanover i
Staff: Brooks Surgan
District: Wilmington
Project Name: Gross & Shaw Dredge Project
Rover File: We
River Basin: Cape Fear
Initial date of application submittal:10-23-18
Date application "received as complete" in the Field office: I 1 (�
Permit Authorization: CAMA ❑ Dredge & Fill gBoth
SITE DESCRIPTION/PERMIT INFORMATION
ORW: [_]Yes XNo PNA: ❑Yes KNO
Photos Taken: Yes ❑ No
Setback Required (riparian): YesfflNo
Critical Habitat: ❑Yes INNo ❑Not Sure
15 foot waiver obtained: ❑Yes No
Hazard otification Returned:
[] Yes No
SAV: ❑Yes Po ❑Not Sure
Shell Bottom: ❑Yes No ❑Not
Temporary Impacts: []Yes No
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use cl ssification come
Mitigation Required (optional):
from county LUP: Ves []No
❑Yes kiNo
Moratorium Conditions:
Environme�ntal Assessment Dane:
Length of Shoreline:
[]Yes❑No ❑NA
DyesV No ❑NA
0 FT
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- lose
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
❑Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
❑ High Quality Waters (HOW)
❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ 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 I
❑ Express Permit - $2000
acre; 4144 can be applied - $400
RECEIVED
❑ Major development extension request -
❑ II. Public or commercial/no dredge
$100
and/or fill-$400
NOV 2 7 2018
❑ 1. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
DCM-MHD CITY
Dustin Gross 6 Harry Shaw
Date: 10-23-1 B
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
�lC./IA�6l�vr
Work Pq
E
Replace
1
M�
❑ YO N
��,(J4�Adl4'fUf1
y.
New Work ❑
Maint X
. Replace
Ely k N
V
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
Ely ❑ N
New Work ❑
Replace
Maint ❑
Ely ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
im actamount)
temp impacts)
amount
1
1.SY5
Dredge KFill ❑ Both ❑ Other ❑
�{$g5
I �O J
Dredge ❑ Fill Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733-2293 :: 1-888-4RCOAST :. www.nccoastalmanaaement.net revised: 2.26-2018
r Permit Fee
ul
Project Name: County:
(ft k PW-(Ibokww Pe,J 4l lip/
Check No Amount
1155 0`w -
Development Type
Fee
DCM %
(14300160143510009316256253)
DWQ %
(2430016024351000952341)
1. Private, non-commercial development
at does not involve the filling or
cavation of any wetlands or open water
yeas
$250
100% ($250)
0 /0 0
I. Public or commercial development that
does not involve the filling or excavation
EJ f any wetlands or open water areas:
t1
$400
100% ($400)
0% ($0)
III. For development that involves the
fling and/or excavation of up to 1 acre of
tlands and/or open water areas,
termine if A,B, C, or D below applies:
,. III(A). Private, non-commercial
� evelopment, if General Water Quality
rtification No. 4144 (See attached) can
applied:
$250
100% ($250)
0% ($0)
I
III(B). Public or commercial development,
if General Water Quality Certification No.
144 (See attached) can be applied
$400
100% ($400)
0% ($O)
III(C). If General Water Quality
rtification No. 4144 (see attached)
uld be applied, but DCM staff
f
etermined that additional review and
W�
ritten DWQ concurrence is needed
because of concerns related to water
uality or aquatic life:
$400
60% ($240)
40% ($160)
MID), If General Water Quality
Certification No. 4144 (see attached)
cannot be applied:
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
of wetlands and/or open water areas
$475
60% ($285)
40% ($190)
'RECEIVED
NOV 2 7 2018
jCM-MHD CITY
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
10/30/2018
Susan G and Dustin J
Dustin Gross and
Wells Fargo
14SS
$400.00
major fee, 409-417 Bradley
BS rct. 7401
Gross
Harry Shaw
Creek Point Rd, Wilmington
NHCo SPLIT 60/40
RECEIVED
NOV 2 1 2018
DCM-MHD C{TY
RECOMMENDATIONS FOR: Dustin Gross & Harry Shaw November 16, 21118
It is the staffs recommendation that the proposed initial dredge event and the maintenance excavation footprint within the
existing basin and access channel to Bradley Creek appears to be CONSISTENT with15 NCAC 07H.0208 (b)(l). It is the
opinion of this office that the area for the proposed excavation is located within an existing channel and basin that has
been historically used for docking and navigational purposes. This office has no objection to the proposed work, provided
it is consistent with all state and federal permitting requirements.
RECEIVED
NOV 2 7 2018
DCM-MHD CITY
0
NORTH CAROLINA
Environmental (halit}.
November 19, 2018
Advertising@starnewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
• 4905, 4907, 4909 E. Beach Drive / Brunswick County
• Gross & Shaw / New Hanover County
ROY COOPER
Oo[enmr
MICHAEL S. REGAN
k.rrum
BRAXTON DAVIS
OIn.'LTOr Divivia, uJ Crxrsla/ Mmmgemrnt
Hello Angie: Please publish the attached Notice in the Thursday, November 22, 2018 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 Shaun Simpson at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the
attention of Tanya Wright, (Ref acct # 796-7215).
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.
Sincerely,
JShaun K. Simpson
Permitting Support & Customer Assistance
cc: MHC Files
Courtney Spears - WiRD
Liz Hair - USACE
RECEIVED
Nov 27 2013
State of North Carolina I Environmental Quality I Coastal Managemmt
127 Cardinal Drive Dot, Wilmington, NC 28405 919 796 7215 DCM-MHD CITY
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 November 9, 2018, the Town of Oak Island proposed to construct
a single family dwelling with associated §404 Wetland fill at 4905, 4907, and 4909 E. Beach Drive, adjacent
to the Atlantic Ocean, in Oak Island, Brunswick County, and on November 15, 2018, Dustin Gross and Harry
Shaw proposed to excavate an existing access channel and basin at 409-417 Bradley Creek Point Rd.,
adjacent to Bradley Creek, in Wilmington, New Hanover County. Copies of these applications can be examined
or copied at the office of Tara MacPherson (BR Co.) or Brooks Surgan (NH Co.), N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7215
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 December 12, 2018 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 and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.
RECEIVED
NOV 2 7 2018
DCM-MHD CITY
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Dustin Gross & Harry Shaw c/o Greg Finch (LMG)
2. LOCATION OF PROJECT SITE: Site is located at 409-417 Bradley Creek Point Road, adjacent to Bradley
Creek, in Wilmington, New Hanover County.
Photo Index — 2006: 22-7423 F-7, G-7,8
3. INVESTIGATION TYPE: CAMA / D&F
Lat:34°112'36.80"N Long:77°49'27.60"W
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/16/2018
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 10/23/2018
Complete—11/15/2018
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan— Wilmington/New Hanover County
Land Classification From LUP — Developed (Residential), Conservation (Open Water)
(B) AEC(s) Involved: EW, PTA, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing- Septic
Planned- N/A
(F) Type of Structures: Existing- Single-family residences, driveways, private docking facilities
Planned- Excavation of channel and basin.
8.
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: ]AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Shading)
(B) Non -Vegetated Wetlands (Open Water)
I
1,885 sq.ft.
(C) Other - Highground (Spoil Disposal)
1,885 sq. ft.
(D) Total Area Disturbed: 3,770 sq. ft. (0.087 acres)
(E) Primary Nursery Area: No (Permanent Secondary)
(F) Water Classification: SC Open: No
PROJECT SUMMARY: The applicant proposes to excavate an existing access channel and basin within
Bradley Creek.
RECEIVED
NOV 2 7 2018
DCM-MHD CITY
Dustin Gross & Harry Shaw
Page 2
9. PROJECT DESCRIPTION
The subject properties are located at 409-417 Bradley Creek Point Drive, in Wilmington, New Hanover County. To locate
the properties from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville
Beach approximately 2.0 miles. Tom right onto Military Cut -Off Road and travel south approximately 0.5 miles until you
reach Airlie Road. Turn left onto Airlie Road and travel approximately 0.7 miles east until you reach Bradley Creek Point
Road. Turn right onto Bradley Creek Point Road and continue until the road forks. Tom left at the fork and continue
until you reach the properties of interest, which will be located on the left. The proposed dredge area is bordered by
residential properties.
There are four properties located on the north side of to the project area located on Bradley Creek Point Road. These lots
are on average approximately 0.65 acres and consist of existing single-family residences, driveways, and docking
facilities. The parcels also border what seems to be a man-made channel and basin that connects to the channel in Bradley
Creek and terminates at a private docking facility located at 417 Bradley Creek Point Road. The upland area of the
project site is vegetated primarily with upland trees and ornamental grasses and shrubs. There is a narrow section of
section "404" type wetlands located on the waterward side of the property, which consists of Marsh Pennywort
(Hydrocotyle umbellata), and Sea Oxeye (Borrichia frutescens). Coastal wetlands species located adjacent to the project
area include but are not limited to: Cattail (Typha sp.), Black Needle Rush (Juncos roemarianus), and Smooth Cordgrass
(Spartina alterniora) in an area ranging approximately 60' to 150' in width.
Based on permit history for dredge and fill and historical aerial photography, it appears the channel was originally
permitted under State Permit No. 74-76 which authorized excavation starting from Bradley Creek and ending in front of
the property located at 411 Bradley Creek Point Road. Approved project plans show the channel measured approximately
25' wide at Bradley Creek and opened in to a basin measuring 40' wide in front of the 411 Bradley Creek Point Road at a
depth of -6' at Mean Low Water (MLW). State Permit No. 78-77 authorized the expansion of the basin to allow for
deeper water at the docking facility located at 415 Bradley Creek Point Road. The expansion measured 40' wide by 107'
long and -6' at MLW. It appears from the aerial photograph provided by the applicant dated 1981 that the dredge
footprint exceeded the limits authorized in the permit and created a deep -water area in front of the parcel located at 417
Bradley Creek Point Road. State Permit No. 59212 was issued on April 13, 2012 to the property located at 415 Bradley
Creek Point Road for maintenance dredging within the basin and channel and authorized the spot removal of
approximately 1,209 sq. ft. of shallow bottom material.
The waters of Bradley Creek, which are located adjacent to the property, are classified as SC by the Division of Water
Resources. This area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and
according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish.
PROPOSED PROJECT
The applicant proposes to excavate an existing access channel and basin within Bradley Creek. An initial dredge event is
proposed to remove approximately 200 cy of material from an area measuring 1,885 sq. ft. adjacent to the docking facility
located at 417 Bradley Creek Point Road (see Sheet 7 of 8). Shallow bottom material would be removed mechanically by
bucket -to -barge method and deposited at a privately -owned spoil disposal site identified by the applicant as Parcel ID No.
R06300-002-001-000. The spoil site is located approximately 0.7 miles north of the project site and adjacent to USACE
Disposal Site No. DA-0248 at the confluence of the AIWW and Motts Channel (see Sheet 8 of 8). The disposal site is
owned by Ms. Agnes Beane who has approved the applicants use of the site for this project in the enclosed letter of
agreement. The application states that the material would be off loaded and placed outside the USACE Easement
Boundary on the eastern portion of the island. The proposed spoil site is commonly used as a disposal site by local marine
contractors. The proposed final water depth for this area would be 4' at MLW in connection to a waterbody that has a
water depth of -6' at MLW. RECEIVED
NOV 2 7 2018
DCM-MHD CITY
Dustin Gross & Harry Shaw
Page 3
The applicant also proposes to establish a permanent dredge footprint for the existing channel and basin to allow for future
maintenance events and continued access to Bradley Creek for the property owners at 409-417 Bradley Creek Point Road.
The proposed footprint would measure approximately 490' in length and would expand the width of the channel from its
historical width of 25' to a final width of 40'. The proposed access channel would have an established water depth of -4'
at MLW. The applicant proposes a 12' offset from the edge of the 40' wide channel which would create a slope of 3:1
bordering the channel.
10. ANTICIPATED IMPACTS
The proposed initial dredging would disturb approximately 1,885 sq. ft. of shallow bottom area and would result in the
removal of approximately 200 cy of material from the existing basin and access channel system. The application states
that the proposed maintenance dredging limits would maintain a 12' offset from the location of the 40' wide channel to
allow for a 3:1 slope and would not include any coastal wetland impacts. The disposal of the material would impact
approximately 1,885 sq. ft. of highground, which would be located on an existing spoil island at the confluence of the
AIW W and Motts Channel (adjacent to USACE Disposal Site No. 0248), which is commonly used as disposal site by
local marine contractors. Minor increases in turbidity should be expected during the dredging event; however, no long
term adverse impacts are anticipated
Submitted by: Brooks Surgan Date: November 16, 2018 Office: Wilmington
RECEIVED
NOV 2 7 2018
DCIW-MHD CITY
3. DCM MP-1 Section 6.0 Additional Information
3.1 Section 6. a. Project Narrative
The project is located adjacent to 409 to 417 Bradley Creek Point Road in the historically maintained side channel that
connects to the maintained Bradley Creek channel in Wilmington, New Hanover County.
The applicants are proposing to maintain their slip depths by excavating accumulated sand from around their docking
facilities. Maintenance dredging of the entire 490' long x 40' wide access channel to -4 MLW is requested for future
maintenance events to ensure access to the Bradley Creek channel.
Based on the hydrographic survey results, only the -200 cubic yards of accumulated sand above -4 MLW around the two
docking facilities is proposed for bucket to barge dredging for the initial maintenance event. The remaining portions of
the channel are currently below -4 MLW but future maintenance events are anticipated. The spoil location for the initial
event is located on DA-251 outside of the USACE right-of-way. See Appendix A for details.
RECEIVED
NOV 2 7 2018
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
LAMA Permit Application for Major Development - October 2018
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina 7
1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12,27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
NA
409-417 Bradley Creek Point Rd
Applicant 1: First Name
MI
Last Name
Dustin
NA
Gross
Applicant 2: First Name
MI
Last Name
Harry
NA
Shaw
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
417 Bradley Creek Point Road
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28403
USA
919-360-3448
NA
Street Address (if different from above)
City
Stale
ZIP
NA
Email
dustin@144mgt.com
2. Agent/Contractor Information
Business Name
Land Management Group, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Greg
Finch
Agent/ Contractor 2: First Name
MI
Last Name
Steve
Morrison
Mailing Address
PO Box
City
State
3805 Wrightsville Avenue, Suite 15
Wilmington
NC
ZIP
Phone No.1
Phone No. 2
28403
910 452-0001
ext. NA
NA ext. NA
FAX No.
Contractor #
NA
NA
Street Address (if different from above)
City
State
ZIP
NA
Email
gfinch@lmgroup.net; smorrison@lmgroup.net
Be ITY
CAMA Permit Application for Major Development — October 2018 RECEIVED
DCM WI ON, NC
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina OCT 2 3 1018
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
Access channel adjacent to 409-417 Bradley Creek Point Rd
NA
Subdivision Name
City
State
Zip
Bradley Creek Point
Wilmington
NO
28403
Phone No.
Lot No.(s) (if many, attach additional page with list)
NA
NA
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
Bradley Creek and AIWW
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
City of Wilmington
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
NA
NA +/- acres
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NA
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
NA ®NHW or ❑NWL
e. Vegetation on tract
NA, access channel.
IF Man-made features and uses now on tract
Residential docks and piers and bulkhead.
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential.
It. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
NA
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
RECEIVE
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA
If yes, by whom?
NOV 2 7
I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No []NA
Register listed or eligible property?
DCM-MHD
RECEIVED
DCM WILMINGTON, NO
CAMAPermit Application for Major Development — October 2018 OCT 2 3 2�1�
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina 2
018
ITY
m. (1) Are there wetlands on the site? []Yes ®No
(ii) Are there coastal wetlands on the site? []Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Municipal for adjacent homes
o. Describe existing drinking water supply source.
Municipal for adjacent homes
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the project is to restore historically maintained depths to the residential docking facilities..
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bucket to barge maintenance dredging.
d.
List all development activities you propose.
No development, maintenance dredging only.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
Maintenance dredging
f.
What is the approximate total disturbed land area resulting from the proposed project?
0 ❑Sq.Ft or ®Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
No new discharges.
i.
Will wastewater or stormwater be discharged into a wetland? -No new discharges
❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No ®NA ECEIVE
j.
Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
Noy 7 20
QCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
CAMA Permit Application for Major Development —October 2018 OCT 2 3 2018
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina 3
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package lobe complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction
booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Howard, Mary C Rev Trust Etal Phone No. NA
Address 6,612 Spring Garden Dr, Wilmington, NC 28403
Name Joseph C and Nancy K Hearne Phone No. NA
Address 411 Bradley Creek Point Rd, Wilmington, NC 28403
Name Faris John J Jr Phone No.
Address 409 Bradley Creek Point Rd, Wilmington, NC 28409
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization forth, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of
public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application. The
project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the
aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date: 10/12/2018 Print Name: Greg Finch, Agent, Land Management G rou p. Inc.
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
LAMA Permit Application for Major Development — October 2018
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina
RECEIVED
NOV 2 7 2013
DC"HD CITY
RECEIVED
DCM WILMINGTON, NC
OCT 2 3 2018
4
2. Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Access
Channel Boat Boat Rock Rock Other (excluding
(NLW or Canal Basin Ramp Groin Breakwater shoreline
NWL) stabilization)
Length
490
Width
40
Avg. Existing
-3 7
NA
NA
Depth
Final Project
-4
NA
NA
Depth
11. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in
cubic yards. -200 cy;
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of the excavation in these areas:
NA
b. Type of material to be excavated.
Sand
d. High -ground excavation in cubic yards.
None
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Upland portions of DA-248 outside of USACE ROW Irregular, less than 1 acre.
c. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) 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 checked, provide the number of
square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of disposal in these areas:
NA.
LAMA Permit Application for Major Development - October 2018
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina
d. (i) Will a disposal area be available for future maintenance?
❑Yes ®No ❑NA
(ii) If yes, where?
NA
I. (i) Does the disposal include any area in the water?
[]Yes ®No []NA
(ii) If yes, how much water area is affected'PE``EIVED
Upland disposal location to be determined.
NOV 2 7 2018
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
5
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12 months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. M Will fill material be brouaht to the site? ❑Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
submerged aquatic vegetation (SAV), shell bottom (SB), or other
wetlands (WL)? If any boxes are checked, provide the number
of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the fill in these areas.
NA
15. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Existing vegetation, silt fence and/or berm at disposal location. Bucket to barge dredge initial event.
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes ®No ❑NA she? ❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
NA environmental impacts.
NA
Date
10/12/2018
Prmcct N=e
409-417 Bradley Creek Point Road
Applicant Name
Dustin Gross and Harry Shaw
Applicant Signature
t'k" �t`/Ijt/�/� Greg Finch, Agent, Land Management Group, Inc.
n�
CAMA Permit Application for Major Development — October 2018
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina
NOV 2 7 2018
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC
E
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
Phone Number:
Email Address:
Dustin Gross and Harry Shaw
417 Bradley Creek Point Road
Wilmington, NC 28403
910-360-3448
dustin@144mgt.com
I certify that I have authorized Land Management Group
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:
maintenance dredging within
the access canal adjacent to 409-417 Bradley Creek Point Road and Bradley Creek
at my property located at waters adjacent to Bradley Creek Point Rd, Wilmington
in New Hanover County.
Y
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:
Signal re
�s{ • � .1 Gyos S ,f,.�rr y /1iI. S�i.z r,J
Print or Tye Name
Title
(.9ds
Date
This certification is valid through 12 /31 12019
RECEIVED
DCM WILMI GTON, NC
NOV 15 2018
4LMG
r
a DAVEYT, company
I�i%.� 16dS7i C , serving as the Property Manager for Agnes Beane, grant the
Applicants, Dustin Gross and Harry Shaw, for the 409-417 Bradley Creek Point Road CAMA
Major Permit project, permission to place approximately 200 cubic yards of dredge spoil on PID:
R06300-002-001-000 and as shown on the attached Spoil Disposal Area figure.
/ Signed Date
www.imgroup.net • Phone: 910.452.0001 . Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
November 16, 2018
Land Management Group, Inc.
c/o Greg Finch
3805 Wrightsville Beach Ave., Suite 15
Wilmington, NC 28403
Dear Mr. Finch:
The Division of Coastal Management hereby acknowledges that on November 15, 2018 we received your completed
application, acting as agent for Dustin Gross and Hang Shaw, whereby you are requesting State approval for
development located adjacent to 409417 Bradley Creek Point Road, adjacent to Bradley Creek, in Wilmington,
New Hanover County. The projected deadline for making a decision on your permit application is January 29, 2019
(with the exception of receiving green cards). An additional 75-day review period is provided by law when such
time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated
above, you should consider the review period extended. Under those circumstances, this letter will serve as your
notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from November 15, 2018 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-I 19(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An on -site inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you
wish to receive a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Brooks Surgan
Field Representative
cc: Courtney Spears, DCM-WIL Liz Hair, USACE
Doug Huggett, DCM-MHC Dusting Gross, Applicant
Christine Bouffard, LPO Harry Shaw, Applicant
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Fxtension I Wilmington, North Carolina 28405
910.796.7215
To
exit
AMA PERMIT
rm ma
lErn FC
knance excavation
COMMENTS ACCEPTED THROUGfpecember 12, 2018
APPLICANT:
Agent: Greg Finch (910) 452-0001
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER. BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Extension
Wilmington, NC 28405
Brooks Surgan, Field Representative
910-796-7270
AZALEA
3916 OLEANDER OR
WILMINGTON
NC
i 28403-6758
3686440406
10/22/2018 (80D)275-8777
12;17 PM
Product Sale
Rlnal
Description OtY
Price
First -Class
$2.26
Mall
Large Envelope
(Domestic)
fill NC 28403)
fght:O Lb 6.90 Oz)
1 $3.
Return 1 $2.75
Receipt
(DOUSPS Return Receipt N)
(9590940301195077821071)
First -Class 1 $2.26
Mail
Large Envelopt
HPILMINGTON, NC 28403)
(Welght:0 Lb 6.90 Oz)
(Estimated Delivery Date)
(Wednesday 10/24/2018)
ULLed 1
Return 1 $2.75
Receipt
(®OUSPS Return Receipt N)
(9590940301195077821064)
First -Class 1 $2.26
Mail
Large Envelope
/t(Welght:O L 6. 2OZ)
elght:0 L4 6.90 Oz)
(Estimated Delivery Date)
(Wednesday 10/24/2018)
Certified 1
'i Return 1 $2.75
Receipt
(NUSPS Return Receipt N)
(9590940301195077821088)
Total $25.38
Credit Card Remitd $25.38
rc�.a u„�•urcn�
7005 1820 0002 91`3m8OR
?nn5 1,A20 0002 9135 8146
7005 1820 0002 9135 8153
AZALEA
3916 OLEANDER DR
WILMINGTON
NC
28403-6758
3686440406
10/22/2018----(800)275_8777 12_17 PM
Product Sale Final
Description Oty Price
First -Class 1 $2.26
Mail
Large Envelope
INGF6N, NC 28403)
ht:0 Lb 6.90 Oz)
mated Delivery Date)
esday 10/24/2018)
d__ 1 $3
Return 1 $2.75
Receipt
(IOUSPS Return Receipt N)
(9590940301195077821071)
First -Class 1 $2.26
Mail
Large Envelope
(Do c
LMINGTON, NC 21403)
(Welght:0 Lb 6.90 Oz)
(Estimated Delivery Date)
(Wednesday 10/24/2018)
d 1 .45
(IOUS er le
a 1 N>
(70051820000291358139)
Return 1 $2.75
Receipt
(1@U$PS Return Receipt B)
(9590940301195077821064)
First -Class 1 $2.26
Mail
Large Envelope
�V( Tkght:O L 6. 28403)
Oz)
eight:0 Lb 6.90 Oz>
(Estimated Delivery Date)
(Wednesday 10/24/2018)
Certified 1
Return 1 $2.75
Receipt
(11USPS Return Receipt N)
(9590940301195077821088)
Total $25.38
Credit Card Remitd $25.38
(Card. Nalen•VLCOi _..
U.S. Postal Services,
CERTIFIED MAIL,., RECEIPT
.� (Domestic Mail Only; No Insurance Coverage Provided)
Ln /�
^ WILIj�TNCt�tUt N 41 A L
t� 0406
Ir Poseye 6 25
ru
o cenmed Fee SO. UO Pee men
0
O (Endorsement Required) fD.DD Here
O Restricted DelWery Fee
ni(Endorsement Regwretl)
r-i $2. 10/22/2018
Total Pcetege & Fees
trl —�
r3 e
or!'O aox N0. jr j.�) 'Sf 1(' IIiIY vi7J51.7r-N }.CU.r1`------.--.
U.S.
Postal
Service,,.,
MAIL,,
RECEIPT
CERTIFIED
(Domestic
Mail
Only;
No Insurance
Coverage
Provided)
e
m WII NI_-iFl G"4�3A L U S E_J
� P
75
04U6
25
$0.00
ru
M Cenitled Fee
O
Postmark
SO.00
M Retum Receipt Fee
(Endomarrent Required)
Here
ru Raetrlcted Delivery F6e
(EMoreament Required)
CIO
. • .
$
a f2
Total Postage&Fees
10/22/2018
Ln tst
1:3 To � G` Nfllll q.-K.O�Alwa
U
z
z
W00
>Z
U2
W J
cr
0
U
0
W.
or
AZALEA m
3916 OLEANDER OR -I ..
WILMINGTON
NC Ln
m
28403-6756 I WI
3686440406
10/22/2018 (800)275-8777 12:17 PM Er
F
OS
ru
C3 Certified Fee
Product Sale Final o
Description Oty Price o (Emiore¢ment Required)Re
First-Cllass 1 $2.26 nu Reenmedoe" Fee
Mail (Enaorsemeirt Reywrea>
Large Envelope Ln $2.
(Domestic) — Postage Fe69
(W N. NC 28403>
elght:0 Lb 6.90 Oz) a
r !- �J}1-
(Estimated Delivery Date)
aaneo '
ednesday 10/24/2018>
�r+r . 1 $3.45
..-----------
Return 1 $2.75
Receipt
(NUSPS Return Receipt H)
(9590940301195077821071)
First -Class 1 $2.26
Mail
Large Envelope
(Do c>
�FWILMINGTON, NC 28403>
(\/ (Welght:0 Lb 6.90 Oz>
(Estimated Delivery Date>
(Wwrinwc()wv 10/24/2018)
(700518200002913bt$139)
Return 1 $2.75
Receipt
(NUSPS Return Receipt N)
(9590940301195077821064)
First -Class 1 $2.26
Mail
Large Envelope
(DomestiTON, NC 202")
eight:0 Lb 6.90 Oz>
(Estimated Delivery Date)
(Wednesday 10/24/2018)
Certified 1 $
------- -
Return 1 $2.75
Receipt
(®®USPS Return Receipt A)
(9590940301195077821088)
Total $25.38
Credit Card Remitd $25.38
(CRrd Nemm VT40)..
0406
$0.00 25
$0.00 Hers
10/22/2018
U
z
z
00
0
uiz
02
W J
f
U
O
-4LMG
LAND MANAGEMENT GROUP
a DAJEY#- company
October 22, 2018
TO: Brooks Surgan
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 409-417 Bradley Creek Point Rd
Brooks,
Please find enclosed a CAMA Major Permit application, supporting materials and $400 fee check
for the maintenance dredging project located adjacent to 409-417 Bradley Creek Point Road in
Wilmington, New Hanover County. Adjacent riparian landowner notifications have been sent by
certified mail and the return receipts will be forwarded once received.
Please let me know if you have any questions or need anything in addition to accept the
application as complete.
Sincerely,
Greg Finch
Land Management Group
Enclosure: CAMA Major Permit Application and $400 fee check
cc: Dustin Gross and Harry Shaw
RECEIVED
DCM WILMINGTON, NC
OCT 2 3 2018
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
Contents
1. Form DCM-MP-1...................................................................................................................................1
2. Form DCM MP-2...................................................................................................................................5
3. DCM MP-1 Section 6.0 Additional Information....................................................................................7
3.1 Section 6. a. Project Narrative......................................................................................................7
Appendices
Appendix A -Site Location Map and Work Plats
Appendix B-Agent Authorization and Adjacent Riparian Owner Notifications, Spoil Disposal Permission
Letter
RECEIVED
DCM WILMINGTON, NC
OCT 2 3 2018
LAMA Permit Application for Major Development — October 2018
409-417 Bradley Creek Point Rd
Wilmington, New Hanover County, North Carolina
ROY COOPER NORTH CAROLINA
Governor EnWronmentn/QUalay
WOCHAELS.REGAN
Secretary
BRAXTON C. DAVIS
Dimcior
November 7, 2018
Greg Finch
c/o Land Management Group Inc.
3805 Wrightsville Ave., Suite 15
Wilmington, North Carolina 28402
RE: CAMA Major Development Permit Application
409-417 Bradley Creek Point Road, Wilmington, in New Hanover County
Dear Mr. Finch:
The Division of Coastal Management hereby acknowledges receipt of your application on
October 23, 2018, acting as agent for Mr. Gross and Mr. Shaw, for dredging a channel located adjacent to
409-417 Bradley Creek Point Road, in the City of Wilmington, New Hanover County. However, your
application still lacks the information necessary to complete processing. The attached checklist indicates
the deficiencies of your application. If you respond within three working days from the date of this E-
mail with the required additional information, processing of your application will promptly continue and
will not be placed on hold. If you are not able to respond within three days, your application will not be
accepted as complete for processing. Additional information may be required pending finther review by
the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application.
We suggest a preliminary meeting to review the application and address the deficiencies on the checklist.
Please let me know when it will be most convenient for you to come in. If you have any questions
concerning this matter, please call me at my Wilmington Office at (910) 796.7270.
Sincerely,
0_r-1-z
Brooks Surgan
Field Representative
Enclosures
cc: Debbie Wilson, DCM Wilmington
Doug Huggett, DCM Morehead City
Courtney Spears, DCM Wilmington
North Carolina Department of Environmental Quality I Division of Coastal Management
Wihtdngton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
CHECKLIST OF ADDITIONAL REQUIREDINFORMATION AND RECOMMENDATIONS FOR
PROCESSING APPLICATION
WORKPLAN DRAWINGS
The application states that approximately 200cy of material will be removed initially. Indicate on
the drawings where the sediment will be removed from and label with volume and surface area.
Include a cross section showing the existing grade and final grade of the areas being dredged.
ADDMONAL ITEMS
Provide a signed agent authorization form by Mr. Gross and W. Shaw.
D_EQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmmgton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
..
,.
F a, Hwy 17
i» Hwy 74
i f _F ` ) 4 iZ Hwy 76 Sit
kINT RD x� �.
Ms Site Location Map
.> r �i • NTS
i` it *.
j ly
's Mill is
etR'_ t
•I ,eh 'dM mow, J r
i •. � Y rC
.R y
1 �
vMy vp)9 a }
a
• C,r� .
� a
Legend
NOTES:
Maintenance DredgirRjy - - - - - - - 1. TAX PARCELS FROM NHC GIS.
DCM WILMINGTON, NC 2. 2016 AERIAL FROM NCONEMAP.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
OCT 2 3 2018 4. FOR ENVIRONMENTAL PERMITTING ONLY.
PRELIMINARY.
b.
3F+
x'
NOV 27
FIVED
Project:
Oate :�
Revisiop,Q"-MH[
LM G
409-417 Bradley Creek
10/12/18
Point Road
Scale:
Job Number.
LAND MANACEMENT GROUP
1 -200'
02-18-208
:
Tile Site Location
�l[tri e'_re'
yKggt Numb
W05 Wnghtsville Ave, Suite 15
and
Wilmington_ North Carolina 28402
Plan View D
ILMNGTON,
{+ jrof 8
r
Legend NOTES:
Maintenance Dredging Boundary . . . • • • • 1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018.
RECEIVED 2. TAX PARCELS FROM NHC GIS.
DCM WILMINGTON, NC 3. 2016 AERIAL FROM NCONEMAP.
4. NOT A SURVEYED OR ENGINEERED DRAWING.
OCT 2 3 2018 5. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY.
iml
A-
RECEIVED
NOV 2 7 2018
Project:
Date:
Revision Date.
LM G
409-417 Bradley Creek
0/
NA
p0"' Iu IT!/
MHD G
Point Road
Scale
Job Number
-
LANDNI OROUF
1"=30'
D2-1$-20$
o11111111FY4
Title:
3805 Wrightsville Ave. Suite 15
Dock Chanit
M
Sheet Number:
D
Wilmington, North Carolina 28402
VV�I�a
Detail
2 of 8
;AMA12018 CAMA FILE8102-18-208— Bradley Creek Point Road. Dustin Gross\Bradley Creek Point Basin.dwg
At
v
- � r
s
Legend
Maintenance Dredging Boundary - - - - - - -
RECEIVED NOTES:
DCM WILMINGTON, NC 1. 1966 AERIAL FROM NHC.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
OCT 2 3 201E
ri
0
E
NOV 2 7 2018 F-4Jad
N409-017 Bradley Geek
PointRoadDCM-MHD CITY ;LMG
ARAGFMFNT C'1'
,_ mm�v Title' 1966 Aerial with
3805 Wrightsville Ave, Supe 15 Approximate
w1minpton. North Carolina 2e402 rhannal Ioration
I
OCT 2 3 2018
Date:
Revision Date.
10112118
DCM
WILM"GTON, f
C
Scale:
Job Number'.
NTS
02-18-208
Drawn By:
Sheet Number:
GSF
4ot8
Al
Maintenance Dredging Boundary RECEIVUQ
NOTES:
DCM WILMINGTON, INC 1 1981 AERIAL FROM NHC.
OCT 2 3 2M Z NOT SURVEYED OR ENGINEERED DRAWING.
10
.. ? .. am...a
RECEIVED Pm1ed Date
LM G 409-017 Bradley Creek
Point Road Swle:
N0V2 7 2018 LANDMANAGEMENT GROUP
a o f �omraor Title. 1981 Aerial with
3805 Wnghtsvllle Ave, Suite 15 Drawn By
Wilmington, Nort402 h Carolina 28APProximate
DC"HD CITY - --- --- ---- Channel I OrAtinn
111111101
OYSTW BED
018)
1 S'
e w f
of .
erd�i k
ey Cw
_.MARSH ISLAND
,(2018)
TOP OF SLOPE
(12' OFFSET FROM DREDGE CUT)
ANTENANCE
DREDGI BOUNDARY
(BOX CUT TO -4 Mr_WV
c
f
4
••
Y • y1,
•
OYSTER BED_�
0+00 '
2+00
i
` -----
OUTER MARSH EDGE � ,.,._
- - ._.._.._.._.._.._..
_
__ _ _ _i_ Is _ �_._
papa_
PROFILE 1
Station
2+00 3- _ 4+OC
F-"
6+00
OYSTER BED LIMITS
EXISTING GRADE
ACCESS CHANNEL DREDGE CUT TIES INTO
m
EXISTING MAINTAINED BRADLEY CREEK CHANNEL
CD
LT_
AT -4 MLW AT TIME OF MAINTENANCE EVENT
MAINTENANCE DRE
GE CUT TO -4MLW
RECEIVED
WITH 3:1 SLOPE UP
O EXITING GRADE
DCM WILMINGTON, N
-10
OCT 2 3 2018
0+0
+00 2+00
-_
6+00
RECEIVED
NOTES:
1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
NOV 2 7 2018
3. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY.
Protect. Date.
10/12/18
Revision Date:
NA
DCM-MHD CITY
� G
409-417 Bradley Creek
Point Road Scale
Job Number.
I. AND MANA_G�EMME`NT GROOF
Tge Y1=30'
02-18-208
Q 15 30 6l)
company
3805 Wrightsville Ave. Suite 15
Wilmington, North Carolina 2810E
Profile 1 Drawn By:
GSF
Sheet Number:
7 of 8
Telephone: 910-452-0001
L:\CAMA12018 CAMA FILES102-18-208 -- Bradley Creek Point Read. Dustin GMW\Bmdley Creek Point Basin.dwg
r �JW AMA . +.
Legend
Maintenance Dredging Boundary - -
RECEIVED
Spoil Locaton DCM WILMINGTQW WQ-
OCT 2 3 2018
Y ! ? i
a + 41,1 R `
.y
y!�E ♦�
NOTES:
1. TAX PARCELS FROM NHC GIS.
2. 2016 AERIAL FROM NCONEMAP.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. FOR ENVIRONMENTAL PERMITTING ONLY,
PRELIMINARY.
NOV 2 7 2018
DCM-MHD CITY
T
409417 82tlley Creek
gETG
Point Roatl
1 AND .U,d>ROUPmr_
Title:
380.5 Nhiehtsville Ave, Suite 15
Ulmnaton. North Cardin 2840
Spoil Location
RECEIVED
Date
0@1�4 3 2HRevision
NA
Jab NunM
V=300'
wil
02-18-208
f
urrlber'.
GSF
8of8
:AMA12018 CAMA FILES2-18-X8 -- Bradley Creek Point Roatl. Dustin Gmm1E
CURRENT MAINTENANCE EVENT _ ___._._.--
__._.._-._._.._._.._.._.._.._.._.._.. ._.._ .._.._.._.._.._.._.. _.._.y_ _.._.._..,
DREDGING AREA (1,885 S.F.) ;fpi
OYSTER BED
�
-4__
OUTER MARSH EDGE
- - —
i .•
i
I
�
I
PROFILE 1
Station
+00 0+00
- 2+00 3+00 4+00 5+00 6- �=
OYSTER BED LIMITS
EXISTING GRADE
ACCESS CHANNEL DREDGE CUT TIES INTO
m
EXISTING MAINTAINED BRADLEY CREEK CHANNEL
-4 MLW AT TIME OF MAINTENANCE EVENT
-----AT
g----------
0
MAINTENANCE DRE
GE CUT TO -4MLW
CURRENT MAINTENANCE EVENT
RECEIVED
DREDGING AREA (-200 C.Y.)
DCM WILMINGTON, NC
WITH 3:1 SLOPE UP
O EXITING GRADE
Nov 15 2019
-10
0+00
- _ --0c 4+00 5+00 6+00
RECEIVED
NOTES:
1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
NOV 2 7 2018
3. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY.
P409 Doe
10/12/18
ReNsion Doe
NA
409-017 Bradley Creek
�
DCM-MHD CITY G Point Road $role
JobNumbec
LAND MANAGEMENT GROUP 1"=30'
a all mmpeny T19W
02-18-208
0 3805 Mghtsville Ave, Suite 15 Profile 1 Dra^^ By.
0 Wlminglan, North Carolina 28402 GSF
Sheel NuiMer
7 of 8
Teleph .910-452-OW1
CAMA FILESM-18-208 — Bradley Creek Pam Road, Dustin GmssUkadley Creek Point Basin dwg
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-02186 County: New Hanover County U.S.G.S. Quad: Wrightsville
Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Dustin Gross & Dudley Shaw
Address: 417 Bradley Creek Point Road
Wilmington, NC 28403
Size (acres) Nearest Town Wilmington
Nearest Waterway Bradley Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.2109746866163; Longitude: -77.8240595892058
Location description: The site is located at 409-417 Bradley Creek Point Road, in waters of
Bradley Creek in Wilmington, New Hanover County, NC.
Description of project area and activity: This verification authorizes excavation within an existing
access channel and basin within Bradley Creek. The dredge method is bucket to barge and
will remove approximately 200 cubic yards of material from a 1,885 square foot area. Spoil
materials will be disposed on the Agnes Beane site (Parcel ID No. R06300-002-001-000). The
requested maintenance dredging footprint associated with this access channel is 490 feet
long X 40 feet wide, to a final depth of -4.0 NLW.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 35
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 and attached
information and drawings dated October 12, 2018. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at (910) 796-7215.
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 (910) 523-1151 or
Gregory.E.Currey@usace.army.mil.
Corps Regulatory Official: ___________________________ Date: August 8, 2022
Expiration Date of Verification: March 14, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/
Copies furnished by email:
Greg Finch (Davey Resources)
Cameron Luck (NC DCM)
Holley Snider (NC DCM)
Special Conditions
1. Prior to future maintenance dredge events, which require disposal of dredge material on
private spoil disposal areas, which may require the contractor to cross a Corps easement,
the permittee shall provide a copy of a valid Consent to Cross Government Easement in
accordance with Regional Condition 3.12.2: The permittee shall obtain a Consent to Cross
Government Easement from the Wilmington District’s Land Use Coordinator prior to any
crossing of the Corps easement and/or prior to commencing construction of any structures,
authorized dredging or other work within the right-of-way of, or in proximity to, a federally
designated disposal area. Contact Justin Arnette at justin.r.arnette@usace.army.mil.
2. 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.
3. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill,
or mechanized land-clearing activities shall take place at any time in the construction or maintenance of
this project within waters outside the designated permitted boundary. This permit does not authorize
temporary placement or double handling of excavated or fill material within waters outside the permitted
area.
4. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects of work
associated with this project. All dredged material must be deposited on high ground.
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 (919) 733-5083, Ext. 526 or (800) 662-7956 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 must 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. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must
implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at http://www.fws.gov/nc-
es/mammal/manatee_guidelines.pdf.
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.
Action ID Number: SAW-2018-02186 County:
New Hanover County
Permittee: Dustin Gross
Project Name: Dustin Gross_Harry Shaw_409-417 Bradley Creek Point Road-dredging
Date Verification Issued: August 8, 2022
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
_______________________________________ ______________________
Signature of Permittee Date
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2
3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
3
Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.