126-18 Minor Mod Ruegg Properties NC LLC

Permit Number
126-18
Pe„-mit Class
MODIFICATION/
MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermft
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Ruegg Properties NC LLC 6401 Old Military Road Wilmington NC 28409
Authorizing development in New Hanover County adj. to Masonboro Sound, at 5 Cedar Island,
Wilmington , as requested in the permittee's application letter dated received by DCM
Wilmington 03/15/19 including attached workplan drawing (1) Sheet 2 of 3 "Proposed" dated revised 09/04/18.
This permit, issued on April 5, 2019 , 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.
1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the
authorized docking facility, all as expressly and specifically set forth in the attached email,
application, and workplan drawings. Any additional land disturbing activities and/or construction
may require a modification of this permit. Contact a Division of Coastal Management representative
at [phone] for this determination.
2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
(See Attached Sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
,Wrt Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby rIVED
APR 2 2 2019
D(:M-MHD CITY
Signature of Permittee

Ruegg Properties NC, LLC Permit No.126-18
Page 2 of 2
ADDITIONAL CONDITIONS
3) This permit does not authorize the excavation or filling of any open water or wetland areas.
4) This Minor Modification does not authorize any additional slips.
5) This Minor Modification be attached to the original of Permit 126-18, which was issued on 11/06/18,
and copies of both documents shall be readily available on site when Division personnel inspect the
project for compliance.
6) All conditions and stipulations of the active permit remain in force under this Minor Modification unless
specifically altered herein.
NOTE: Future development of the permittee's .property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the project Action ID No. SAW-2018-01454.
NOTE: The N.C. Division of Water Resources assigned the project DWR Project No. DWR-2018-0976.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: .Courtney Spearv*
DCM Major Permit Assistant Coordinator, Wilmington
FROM: Patrick AmicoPj"l4
DCM Field Specialist, Wilmington
THRU: Debra D. Wilson.
DCM District Manager, Wilmington
DATE: March 26, 2019
SUBJECT Permit Modification Request to State Permit No. 126-18, Ruegg Properties LLC, 5 Cedar Island, in New Hanover
County
Chase Elam, of Carolus Building Company, and acting as agent for Ruegg Properties LLC, is requesting a Minor
Modification to State Permit No. 126-18. This request was submitted in a letter received by DCM on March 15, 2019
with two (2) drawings, labeled permitted and proposed, dated revised September 9, 2018. State Permit No. 126-18
was originally issued November 6, 2018 for the replacement of an existing private docking facility. State Permit No.
126-18 is due to expire on December 31, 2021.
The Minor Modification request consists of reducing the length of the permitted floating dock by 14', from 85' to 71', on
the western side of the docking facility, and creating a 14' x 6' floating dock attached to the 71' foot floating dock,
extending landward to the south-southeast. The minor modification request also includes the rotation of the boat lift in
slip from an east -west orientation to a north -south orientation, to function more effectively with the reconfigured floating
dock. The applicant is requesting these changes to better accommodate his vessel. The proposed modifications
appear to be consistent with NCAC 07H .0208(b)(6), which includes the specific use standards for docking facilities.
This minor modification request will not negatively impact coastal wetlands. This office has no objection to the
modification of State Permit No. 126-18, provided it is consistent with all other local, state, and federal regulations.
Carolus Building Company has submitted a check (check No.1365) in the fee amount of $100.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the New Hanover County LPO provide any
comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within 14
days of receipt of this memo.
Enclosures
cc: DCM-MHC Liz Hair, USACE — 31 Wfl - w0 0V*l` 9^+
Chad Coburn, NC DWR Darrell Galloway, LPO
3j2q/Ii-no Onnin T",-O"rr - G%j o{ wIl'ui n
ranAwLwit
Ltl u11— s+il! c"i`sten#-
RECEIVED
DEQ��
APR 2 2 2019
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.N6.7215 DCM-MHD CITY

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
3/28/2019
Carolus Building
Ruegg Properties,
First Bank
1365
$100.00
minor mod #126-18, 5 Cedar
PA rct.
Company
LLC
Landing, Wilmington NHCo
7955
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental QuaIlty
TO: Courtney Spears
DCM Major Permit Assistant Coordinator, Wilmington
FROM: Patrick Amico P1,4
DCM Field Specialist, Wilmington
THRU: Debra D. Wilson`)
DCM District Manager, Wilmington
DATE: March 26, 2019
SUBJECT Permit Modification Request to State Permit No.126-18, Ruegg Properties LLC, 5 Cedar Island, in New Hanover
County
Chase Elam, of Carolus Building Company, and acting as agent for Ruegg Properties LLC, is requesting a Minor
Modification to State Permit No. 126-18. This request was submitted in a letter received by DCM on March 15, 2019
with two (2) drawings, labeled permitted and proposed, dated revised September 9, 2018. State Permit No. 126-18
was originally issued November 6, 2018 for the replacement of an existing private docking facility. State Permit No.
126-18 is due to expire on December 31, 2021.
The Minor Modification request consists of reducing the length of the permitted floating dock by 14', from 85' to 71', on
the western side of the docking facility, and creating a 14' x 6' floating dock attached to the 71' foot floating dock,
extending landward to the south-southeast. The minor modification request also includes the rotation of the boat lift in
slip from an east -west orientation to a north -south orientation, to function more effectively with the reconfigured floating
dock. The applicant is requesting these changes to better accommodate his vessel. The proposed modifications
appear to be consistent with NCAC 07H .0208(b)(6), which includes the specific use standards for docking facilities.
This minor modification request will not negatively impact coastal wetlands. This office has no objection to the
modification of State Permit No. 126-18, provided it is consistent with all other local, state, and federal regulations.
Carolus Building Company has submitted a check (check No. 1365) in the fee amount of $100.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the New Hanover County LPO provide any
comments that your agency may have on the proposed project to Courtney Spears of DCM's Wilmington office within 14
days of receipt of this memo.
Enclosures
cc: DCM-MHC Liz Hair, USACE
Chad Coburn, NC DWR Darrell Galloway, LPO
D Q��
RECEIVED
APR 0 2 2019
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wtlmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Carolus Building Company
PO BOX 180
Wrightsville Beach NC 28480
Letter of request:
I represent Ruegg Properties NC LLC, on the Cama major permit for 5 Cedar Island in Wilmington
N.C. We are under construction on Mr. Ruegg's 6'x85' floating dock and lifts. During construction Mr.
Ruegg realized a design change would better accommodate his vessel. We would like to take 14' off of
the 85' floater on the southern side and turn in towards shore and relocate the lift along side of the
turned portion of the floating dock. This will allow Mr. Ruegg to pull straight into the boat lift without
navigating around the floating dock and pulling into the lift parallel which is its current permitted
orientation. This should provide more space for Mr. Ruegg and John Byrnes the southern property
owner. As the drawing shows we are not asking for more space out into the channel or to encroach
further towards the southern riparian line, we are asking to move further away. Thank you for your
consideration please let me know if I can be of any further assistance.
Sincerely,
Chase Elam
General Contractor
Owner
[phone]
[e-mail]
RECEIVED
APR 0 2 2019
DCM-MHD CITY
RECEIVED
MAR 15 2019
DCM WILMINGTON, NO

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certiry that 1 own property ad)acent to kv�on. Npt(-;.<5 (\/ - LJ—C— 's
Property located at �- ujck r- " kci"J (Name of Properly Owner)
on J►arrn3sS, lot, Block, Road, etc.)
in W , I N.C.
mlz ) (Cityrrown and/or County)
PPlicant has described to me, as shown below, the development oP Proposed at the above location.
1 have no objection to this proposal
I have objections to this proposal.
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must h7lin desc Pftnbelow or attach a site draw/ng)
I understand that a pier, dock, mooringWAIVER SECTION
minimum distance of 15' from my arPa of riparian aunless
waterboathouse, or groin must be set back a
the setback, you must initial the appropriate blank below.) by me. (If you wish to waive
1T i do wish to waive the 16, setback reguiremem
1 o net 'sh to waive the 15' setback requirement.
(Property Owner Information)
Signarure
Telephone Numher
3 h-)) )'n
Date
Owner Information)
Lc—r4
V6 7 r793P
(Revised 611812012)
MAR 15 2019
DCM WILMINGTON, NC

Permit Class
NEW
Permit Number
126-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
RECEIVED
APR 0 2 2019
DCM-MHD CITY
_.,X_ Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant toNCGS 113-229
Issued to _ Ruegg Properties NC LLC., 6401 Old Military Rd Wilmington NC 28409
Authorizing development in New Hanover County adj. to Masonboro Sound, at 5 Cedar Island, Wilmington.
as requested in the permittee's application dated 6/19/18 (MP -I), "Rev. 9/9/11 & Rec. MP Section MHD 11/5/18" (MR4)
incl. att. workplan drawings % Sheet 1 of 3 dated 5/29/18, Sheds 2,3 of 3 dated "Rev.9/9/18 & Rec. MP Section MHD 11/S/18".
This permit, issued on _ November 6, 2018 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation
U. u,cao rcmr, may oe suolect to noes, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility Reconfiguration
1) This permit authorizes only the docking facility reconfiguration and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
,..., yc.wn a LIUU way oo apprareu oy me penourse or omer
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
Your project is consistent with the North Carolina Coastal
Management Program.
srgnea by me authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
on C. Davis, Director
Division of Coastal Management
This permit and its couditiLmj%y��epted.
i 0 7 2018

Rnegg Properties NC LLC. Permit No.126-18
Page 2 of 3
ADDITIONAL .CONDITIONS
3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet is width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
4) This permit does not authorize the covering of any authorized structure.
5) The permitteeshall install and maintain at his expense any signal lights or signals prescribed by the U.S..
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to thestructure in order to make it inclement weather. more visible during hours of darkness or
6) This permit authorizes anadditional 3 formalized boat slips for a maximum of 5 formalized boat slips.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable .
waters at or adjacent to the authorized work,
9) The authorized project is located within a primary nursery area QNA). Therefore, in accordance with
NCAC 15A:071LA208 of the.Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted:. New dredging in any manner, including "kicking" with
boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permmitted structure.
USACE Condition
10) In order to further protect the endangered westlndian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at httpJ/www.fws.gov/ne-es/mammWmanatee_guidelines.pdf,
General
11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
12) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE, This permit does not eliminate the need to obtain any additional state, federahFOMMts,
approvals or authorizations that may be required.
NOT 0 7 2018

Ruegg Properties NC LLC. Permit No.126-18
Page 3 of 3
ADDITIONAL CONDTTIONS
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2018-01454) issued 10/11/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project D WR Project No. 2018-0976.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: An application processing fee of $250 was received by DCM for this project.
RECEIVED
APR 0 2 2019
DCM-MHD CITY
RECEIVED
NOV 0 7 2018

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. ##
Received
Deposited
Permit Holder
Number
amount
Number/Comments
3/28/2019
Carolus Building
Ruegg Properties,
First Bank
1365
$100.00
minor mod #126-18, 5 Cedar
PA rct.
Company
LLC
Landing, Wilmington NHCo
7955
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MAR.1 5 2019
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