61-18 Trotman, William

Permit Class
NEW
Permit Number
61-18
STATE OF NORTH 6AROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to William Trotman,121 Point Drive, Wilmington, NC 28411
Authorizing development in New Hanover County at adj. to Pages Creek, at 121 Point Drive, in
Wilmington , as requested in the permittee's application dated 4/1/18, including
attached workplan drawings (2), both dated 4/1/18.
This permit, issued on June 22, 2018 , 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.
Shoreline Stabilization - Bulkhead
1) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at any point
along its alignment at the time of construction.
2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved
bulkhead alignment.
3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 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.
of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

lilliam Trotman Permit No. 61-18
Page 2 of 3
ADDITIONAL CONDITIONS
< The bulkhead shall be constructed prior to any backfilling activities.
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
The fill material shall be clean and free of any pollutants except in trace quantities.
All backfill material shall be obtained from a high ground source and confined behind the permitted
'bulkhead.
No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
Aground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
r landward of the bulkhead cap immediately following completion of backfilling activities.
USACE Conditions
In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.
General
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.
,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.
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3
(Action ID SAW-2018-00906), issued 5/18/18.
The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0610, issued 6/8/18.

William Trotman
ADDITIONAL CONDITIONS
Permit No. 61-18
Page 3 of 3
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 water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

DCM Coordinator: ��- v L'� - Permit #: �al'lg c
_ --: MAR3NG DLS4REBMON SEM--.r-. v --. - _r
Permitee: Wrillow1 I rbTwin„ /%(
DCM Field Offices
Elizabeth City
(with revised work plan drawings)
Moreherid City
Washington
Wilmington er
%fir SP•ars S�y� �.wPso, ,
US ACOE Offices:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Metier (Bertie, Currituek, Dare, Gates; Pamlico, Pasquotank, Washington)
Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washmgton District)
Wilmington:
Tyler Crumbley (Brunswick, New Hanover)
Liz Hair Onslow,
(Carteret, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Renee Gledhill -Earley
.Public Water Supply:
Heidi Cox (WER.0) /
Clif Whitfield (WARO)
Marine Fisheries:
Shane Staples
Curt Weychert
NC DOT:
David Harris /
Shellfish Sanitation:
Shannon Jenkins /
State Property:
Tim Walton "
DEMLR/DWR: Karen Higgins . '
Kristy Lynn Carpenter (NC DOT -All Projects)
Washington: Anthony scarbraugh401
Roger Thorpe-Stormwater
Garey Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs - 401(Carteret, Onslow, Pender, New Hanover)
Chad Coburn -401(Brunswick) I
Georgette Scott - Stormwater
Joanne Steenhuis - 401(NCDOT-)� cly New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WAR )
LPO: Lhnsiwtd
Fax Distribution: Petmittee #: A¢ent#

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: William Trotman COUNTY: New Hanover
PROJECT NAME: Bulkhead Replacement
LOCATION OF PROJECT: 121 Point Dr., adjacent to Pages Creek, in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-23-18
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a
CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a
FIELD REPRESENTATIVE: Courtney Spears n DISTRICT OFFICE: WLLMINGTON
DISTRICT MANAGER REVIEW: tr -"e .X,
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 #4675 I -A
PUBLIC NOTICE REC'D: 4-30-18 END OF NOTICE DATE: 5- -18
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO: 0
C) 75 DAY DEADLINE:�7// D S L
MAIL OUT DATE: 4-26-18
FEDERAL DUE DATE:
DEED REC'D:
ON: 516 Lb
150 DAY DEADLINE:
STATE DUE DATE: 5 18
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
N
Division of Community Assistance
30 l$
)r-
Division of Coastal Management-LUP Consistency
(° t/
5,` f
5-4
Public Water Section (DWR)
//a
x
Land Quality Section (DEMLR)
%7 19,
)c
Division of Water Resources - 401 Section
'rIM $
W
Z D/L3 '0610
Storm Water Management (DEMLR)
State Property Office
5' 3 S
X
Division of Archives & History
V �K
Division of Marine Fisheries - Shellfish Section
14 $
Division of Highways (NCDOT)
s�$ /$
Wildlife Resources Commission
S Is -fin
Local Permit Officer
a;o /to
RECEIVED
Dept. of Cultural Res / Underwater Archaeology
Division of Marine Fisheries - DCM
5 -7 I 0
x
MAY 0 12018
Corps of Engineers - Regulatory Branch
a
S /v /J
d:
arry�j-G>�jb(o AHD CI
�
I
Via —0tv 41123/0 ;( 51640rd

RECOMMENDATIONS FOR William Trotman c/o Trip Pippin 4/23/2018
It is the staffs recommendation that the construction of the new bulkhead 2' waterward of the existing bulkhead, resulting
in the fill of 128 ft2 of Coastal Wetlands, is potentially CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (7) (D)(ii) Use
Standards for Bulkheads and Shore Stabilization Measures. Replacement of the wall in the same footprint or immediately
landward may cause issues given the condition of the currently failing bulkhead wall. While filling of Coastal Wetlands
should be avoided, it appears in this case there may be a need to do so to avoid a catastrophic failure. In the absence of
any concerns from the commenting agencies, it is recommended that a permit be issued, provided that the proposed
bulkhead steps out in front of the existing bulkhead only what is necessary for the construction of a new bulkhead and
associated tie back system. This office has no objection to the proposed work, provided it is consistent with all other state
and federal permitting requirements. It is recommended that any permit issued should include standard conditions for
bulkheads.
RECEIVED
MAY 01 Z018
DCM-MHD CITY

'i4-
ROY COOPER
6ovemor
�G
4
Coastal Management
ENVIRONMENTAL OVAt1TV
April 26, 2018
RECEIVED
APR 3 0 2018
NEW HANOVER COUNTY
PL4,NNNG ^ CONING
MICHAEL S. REOAN
wormy
BRAXTON DAVIS
OVecmr
TO: Christine Boufford
Local Pen -nit Officer
County of New Hanover
FROM: Heather Coats, Assistant Major -Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats cnncdenr.aov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
Please indicate below your agency's position or viewpoint on the.p ed project and
retum this form to Heather Coats at the address above by May , 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: ✓ This agency has no objection to the project as proposed;
"*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATED 3d `
RECEIVED
MAY 1 2018
state of Norffi Camuaa l F.aviM=CnW Qu ty l CO2"Ma w-m=t /�1(� /'� An�, ����IIuu
127 C,,H dDiwred.,W9VmgtANC28405 Pi'�� SECTI®1Y IYII7®
910.796-7215

ROY COOPER
Governor
RECEIVED
Coastal Management MAY 1 2018
ENVIRONMENTAL QUALITY
April26, 2018 MP SECTION MHD
TO: Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Dfrector
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28406 heather. coats(a2ncdenrpov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
Please indicate below your agency's position or viewpoint on the pr sed project and
return this form to Heather Coats at the address above by May , 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED ! v l wiy � DATED y i d // 8
State of North Carolina I Environmental Qaality I Coastal Management
127 Cardinal Drive Fort., Wilmington, NC 28405
910-796-7215

►YO
Coastal Management
ENVIRONMENTAL QUALITY
April 26, 2018
TO:
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
APR 2 8 2018po
L�ivisio
��RO P bWaKesobrce$
Waters0ppllr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov
Fax: [phone] (Courier 04-16-33)
Heidi Cox
Regional Engineering Supervisor
Public Water Supply-WiRO
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr, adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct a new bulkhead 2' waterward of an existing bulkhead
Please indicate below your agency's position or viewpoint on the pro d projic and
return this form to Heather Coats at the address above by May , 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNEDjl
DATED 5 ha
RECEIVED
MAY 2 3 Z018
DCM-MHD CITY
RECEIVED
State of North Carolina I Environmental Quality I, Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910496-7215
MAY 02 ,I`t
DCM WILMINGTON, NC

Vxv
Coastal Management
ENVIRONMENTAL QUALITY
ROY COOPER
Govemor
MICHAEL S. REGAN
secrermy
BRAXTON DAVIS
Dv mr
April 26, 2018 g, k;kF1'VIe
TO: Dan Sams BY 'PR 26 202018
District Manager-DEMLR
Wilmington Regional Office
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrpov
Fax: [phone] (Courier 04-16-33)
SUBJECT CAMA/Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
Z/
Please indicate below your agency's position or viewpoint on the pro ed project and
return this form to Heather Coats at the address above by May A 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATED A7 Zor
RECEIVED
MAY 2 3 2018 RECIVED
DCM WILMENGTON, NC
DCM-MHD CITY MAY 01 2018
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive EA., Wilmington, NC 28405
910-796-7215

Bodnar, Gregg
From: Coats, Heather
Sent: Thursday, May 17, 2018 4:53 PM
To: Bodnar, Gregg
Subject: FW: [External] William Trotman bulkhead 121 Point Dr
Here you go!
Heather Coats
Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of
Environmental Quality
910 796 7302 office
[e-mail]
127 Cardinal Drive Extension
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)[mailto:[e-mail]]
Sent: Thursday, May 17, 2018 4:46 PM
To: Coats, Heather <[e-mail]>
Cc: Spears, Courtney <[e-mail]>
Subject: [External] William Trotman bulkhead 121 Point Dr
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spa m.<mailto:repo [e-mail]>
Hey ladies:
Not sure if we have touched base on this one yet:
Project Name: William Trotman/ bulkhead replacement Corps AID: SAW-2018-00906
County: New Hanover
We are processing as a NWP 3 for maintenance. Special condition would be Manatee Guidelines.
Thanks!
Liz Hair

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-00906 County: NEW HANOVER U.S.G.S. Quad: SCOTTS HILL
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner/Applicant: MR. WILLIAM ❑. TROTMAN
121 POINT DRIVE
Address: WILMIN(>TON, NORTH CAROLINA 28411
Telephone Number: PH#: 910-686-52.58
Size (acres) 0.003 (acre) Nearest Town Wilmington
Nearest Waterway Onslow Bay River Basin Cane Fear River
USGS HUC 0302030205 Coordinates Latitude: 34.2806
Longitude:-77.7816
Location description: The project site is located at 121 Point Drive, in the Bayshore Estates subdivision, adjacent to Pages
Creek, in Wilmington, New Hanover County, North Carolina.
Description of projects area and activity: This verification authorizes impacts to waters of the U.S. in association with
construction of a new bulkhead 2' waterward of an existing bulkhead. More specifically, a new approximately 100' wooden
bulkhead would be installed alone the southeastern shoreline immediately waterward of an existing failing wooden bulkhead.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP3
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 dated May 1, 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 [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,
please contact ML Liz Hair. 910-25 4049 or sarah.e.hair ussee.arm .mil.
Corps Regulatory Official: Date: May 18, 2018
Expiration Date of Verifi ion: r 20 2

Action ID#: SAW-2018-00906
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be i cl ied upon for a period not to exceed five years from the date of this
notification.hftps://orm.usace.gM.mil/orm2/f'?P=l 0 1:1:6624564087562;:NO:::
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued Action ID; SAW-
B. Basis For Jurisdictional Determination:
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as Indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address;
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
Atlanta, Georgia 30303-8901 Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

Action ID#: 3AW-2018-00906
Date, of JD: No JD Required
Expiration Date of JD: N/A
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
http://COKpsmaPLI.usace.arLny_mil/eni apex/Pp=136:4i0.
Enclosures:
NW3 Permit
Plans
Manatee Guidelines
Copy Fumished
Pippin Marine Construction, LLC
Attn: Mr. Tripp Pippin
Post Office Box 11291
Wilmington, North Carolina 28404
e-Copies Famished:
Mr. Doug Huggett - NCDEQ/DCM
'Mr. Chad Coburn -NCDEQIDWR
Ms. Karen Higgins -,NCDEQIDWR
Ms. Heather Coats — NCDEQJDCM
Ms. Courtney Spears-NCDEQ/DCM

Action ID#: SAW. 2018-00906
Action IIl Number: SAW-2018-00906 County: New Hanover
Permittee: Mr. William'H. Trotman
121 Point Drive
Wilmington, North Carolina 28411
Project Name: 121 Point Drive, Bayshore Estates subdivision. Wilmington, NC
Date Verification Issued: May 18, 2018
Project Manager: Ms. Liz Hair
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 1! NGINEERS
WII,MTNGTON DISTRICT
Attn:. Ms. Liz Hair
69 Darlington Avenue
Wilmington, North Carolina 18403
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 revolving 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

� 1
Jn `(vt71€IN(4NI" Wit°
-i..- .'ram. .Ji_ -i-. _. ..,.�_ ��.r -! ` ,-.-_..;. _�.-ti—n-�3_��-.TJ _T. _!- F--..Y �f i +-•- 1�--_'�, _-1
K
Y ..i y • I
--. -.: _,-._.-._--{ice_-•--n�:.-._.+_.-•..--_..._.lar--.l—i,-,-i_..' .r--� w-� .. _i_.....an-.�. w-..--i----,._-:..--T—•1 � �"- i..
'...--v.---+i-.r�.�u.r.1.. _..br.-P- i..u+.v. —�- ': 'u-'u : 1ex-,�� iL'-'r�.Y+.v-.w- ... c.:�-.. '1•--.,..+,u .-....:i.�_..._yr—.
o V A
i
q ~�
,ro
r _
�1 J v ^J

NATIONWIDE PERMIT 3
DEPARTMENT OF THE ARMY
CORPS OF ENGINERS
FINAL NOTICE, OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized,
currently serviceable structure or fill, or of any currently serviceable structure or fill authorized
by 33 CFR 330.3, provided thatthe structure or fill is not to be put to uses differing from those
uses specified or contemplated for it in the original permit or the most recently authorized
modification. Minor deviations in the structure's configuration or filled area, including those
due to changes in materials, construction techniques, requirements of other regulatory
agencies, or current construction codes or safety standards that are necessary to make. the
repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of
previously authorized structures or dills, Any stream channelmodification is limited to, the
minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such
modifications, including flee removal of material from the stream.channel, must,be
immediatelyadjacent to the project. This NWP also authorizes the removal of accumulated
sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP
also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or
damaged by storms, floods, fire or other discrete events; provided the repair, rehabilitation, or
replacement is commenced, or is under contract to commence, within two years of the date of
their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes,
this two-year limit maybe waived by the district engineer, provided the permittee can
demonstrate funding; contract, or other similar delays.
(b) This NWP also authorizes the removal of accumulated sediments and debris
outside the immediate vicinity of existing structures (e.g., bridges, culverted road.crossings,
water intake structures,, etc.). The removal of sediment is limited to the minimum necessary to
restore the waterway in the vicinity of the structure to the approximate dimensions that existed
when the structure was built, but cannot extend farther than 200 feet in any direction from the
structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated
sediments blocking or restricting outfall and intake structures or to maintenance dredging to
remove accumulated sediments from canals associated with-outfall and intake structures. All
dredged or excavated materials must be deposited and retained in an area that has no waters of
the United States unless otherwise specifically approved by the district engineer under separate
authorization.
(c) This NWP also authorizes temporary structures, fills, and work, including the use of
temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be
taken to maintain normal downstream flows and minimize flooding to the maximum extent
practicable, when temporary structures, work, and discharges, including cofferdams, are
necessary for construction activities, access fills, or dewatering of construction sites,
Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by
expected high flows. After conducting the maintenance activity, temporary fills must be

removed in their entirety and the affected areas returned to pre -construction elevations. The
areas affected by temporary fills must be revegetated„as appropriate,
(d) This NWP does not authorize maintenance dredging for the primary purpose of
navigation. This NWP does not authoriwbeach restoration. This NWP does not authorize
new stream channelization or stream relocation projects:
Notification: For activities autborized. byparagraph (b) of this NWT, the permittee must submit
a pre -construction notificationto the district engineer prior to commencing the activity (see
general condition 32). The pre-constructioh notification must include information regarding the -
original design capacities and configurations of the outfalls, intakes, small impoundments, and
canals. ,(Authorities; Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the
Clean Water Act (Sections 10 and 404))
Note: This NWP authorizes the repair; rehabilitation, or replacement of any previously
authorized structure or fill'tbat does not qualify for the Clean Water Act section 404(f)
exemption for maintenance.

NATIONWIDE PERMIT GENERAL CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through
regulations or otherwise, must be installed,and maintained at pei7nittee's expense on
authorized facilities in navigable waters of the United States.
(c) The permittee understands mid agrees that, if future operations by the United
States require the removal, relocation, or other alteration, of the structure or work herein
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 permittee 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.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life
cycle movements of those species of aquatic life indigenous to the waterbody, including those
species that normally migrate through the area, unless the activity's primary purpose is to
impound water. All permanent and temporary crossings of waterbodies shall be suitably
culverted', bridged, or otherwise designed and constructed to maintain low flows to sustain the
movement of those aquatic species, if a bottomless culvert. cannot be used, then the crossing
should be designed and constructed to minimize adverse effects to aquatic life movements,.
3. Spawning Areas. Activities in spawning areas during spawning seasons must
beavoided to the maximum extent practicable. Activities that result in the physical -
destruction.(e.g., through excavation, fill, or downstream smothering by substantial turbidity)
of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that
serve as breeding areas for migratory birds must be avoided to the maximum extent
practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish
populations, unless the activity is directly related to a shellfish harvesting activity
authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity
authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris,
car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see section.307 of the Clean Water Act).

7. Water SMIIv Intakes. No activity may occur in the proximity of a public water
supply intake, except where the activity is for the repair or improvement of public water supply
intake structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment
of water, adverse effects to the aquatic :system due to accelerating the passage of water,
and/or restricting.its flow, must be minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable; the pre -
construction course, condition,:capacity, and location of open waters must be'maintained for
each activity; including stream channelization, storm water ranagement activities, and
temporary and permanent road crossings, except as provided below. The activity must be
constructed to withstand expected.high.flows. The activity must not restrict or impede the
passage of normal or high flows, unless the. primary purpose of the activity is to impound water
or manage high flows. The activity may alter the pre -construction course, condition, capacity,
and location of open waters if it benefits the aquatic :environment (e.g., stream restoration. or
relocation activities).
10. Fills Within 100-Year Floodolains. The activity must comply with applicable
FEMA-approved:state or local floodplain management requirements:
II.L, Equipment. Heavy equipment.working in wetlands or mndflats must be placed
on mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment
controls must be used and maintained in effective operating condition during construction, and
all exposed soil and other fills, as well as any work below the ordinary, high water mark or
high tide line, must bepermanentlystabilized at the earliest practicable date.. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or
no -flow, or during low tides.
13, Removal of Temporary Fills. Temporary fills must be removed in their entirety
and the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly
maintained,, including maintenance to ensure public safety and compliance with applicable
NWP general conditions, as well as any activity -specific conditions added by the district
engineer to an NWP authorization.
15. Single and Complete Project. The activity must he a single and, complete
project. The same NWP cannot be used more than once for the same single and complete
project.
16. Wild and Scenic Rivers, (a)No NWP activity may occur in a component of
the National Wild and Scenic River System, or in a river officially designated by Congress as a
"study river" for possible inclusion in the system while the river is in an official 'study status,
4

unless the appropriate Federal agency with direct management responsibility for such river,
.has determined in writing that the proposed activity will not adversely affect the Wild and
Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a."study river" for
possible inclusion in the system while the river 4 in an official studystatus, the, permittee must
submit a pre -construction notification (see general condition.32). The district engineer will
coordinate the PCN with the Federal agency with direct management responsibility for that
river: The:permittee shall not -begin the NWP activity until notified by the district engineer that
the Federal -agency with direct management responsibility for that river has determined in
writing that theproposedNWP activity will not adversely affect the Wild and Scenic River
designation or study status.
(c) Information on Wild and Scenic Rivers maybe obtained from the appropriate
Federal land management agency responsible for the designated Wild and Scenic River or
study river (e.g.; National Park Service, U.S. Forest Service, Bureau of Land Management,
U.S. Fish and Wildlife Service). Information on these rivers is also available at:
httu:l/www_rivers.govt.
.17. Tribal Rights. No NWP activity may cause more than minimal adverse effects
on tribal rights (including treaty rights), protected tribalresources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is
likely to directly or indirectly jeopardize the continued existence of a threatened or endangered
species or a species proposed for"such designation, as identified under the Federal Endangered
Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical
habitat of such species. No activity is authorized under any NWP which "may affect a listed
species or critical habitat; unless ESA section 7 consultation addressing the effects of the
proposed activity has been completed. Direct effects are the immediate effects on listed species
and.critical habitat caused by the NWP activity. Indirect effects are those effects on listed
species and critical habitat that are caused by the NWP activity and are later in time, but still
are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. If pre -construction notification is required for the proposed activity,
the Federal permittee must provide the district engineer with the appropriate documentation to
demonstrate compliance with those requirements. The district engineer will verify that the
appropriate docuinentation has been submitted. If the appropriate documentation has not been
.submitted, additional.ESA section 7 consultation may be necessary for the activity and the
respective federal agency would be responsible for fulfilling its obligation under section 7 of
the ESA.
(c) Non-fedcralpermittees must submit a pre -construction notification to the
district engineer if any listed species or designated critical habitat might be affected or is in the
vicinity of the activity, or if the activity is located in designated critical habitat, and shall not
begin work on the activity until notified by the district engineer that the requirements of the
ESA have been satisfied and that the.activity is authorized. For activities that might affect
Federally -listed endangered or threatened species or designated critical habitat, the pre
-
construction notification must include the name(s) of the endangered or threatened species that

might be affected by the proposed activity or that utilize the designated critical habitat that
might be affected by the proposed activity. The district engineer will determine whether the
proposed activity "may affect' or will have "no effect" to listedspecies and designated critical
habitat and will notify the non- Federal applicant of the Corps' determination within 45 days of
receipt of a complete pre- construction notification. In cases where the non -Federal applicant
has identified listed species: or critical habitat that might be affected or is in°the vicinity of the
activity, and has so notified the Corps, the applicant shall not begin work until the Corps has
provided notification that the proposed activity will have "no effect' on listed species or critical
habitat, or until ESA section 7 consultation has been completed. If the non -Federal applicant has
not heard back from the Corps within 45 days, the applicant must still wait for notification from
the Corps.,
(d) Asa result .of formal or informal consultation with the FWS or NMFS the
district engineer may add species -specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the `take" of a
threatened or endangered species as defined under the ESA. In the absence of separate
authorization (e.g., an ESA Section: 10 Permit, a Biological Opinion with "incidental take"
provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person
subject to the jurisdiction of the United States to take, a.listed species, where "take" means to
harass, harm, pursue, hunt, shoot,'wound, kill, trap; capture, for collect, or to Attempt to engage
in any such conduct. The word "harm" in the definition of "take" means an act which actually
kills or injures wildlife. Such an act may include significant, habitat modification or degradation
where it actually kills or injures wildlife by significantly impairing essential behavioral
patterns, -including breeding, feeding or sheltering.
(f) if the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take
permit -with an approved Habitat Conservation Plan for a project or a group of projects that
includes the proposed NWP activity, the non-federal applicant should provide a copy of that
ESA section 10(a)(1)(B) permit with the PCN required byparagraph (c) of this general
condition. The district engineer will coordinate with the agency that issued the ESA section
I0(a)(1)(B) permit to determine whether the proposed NWP activity and the -associated
incidental take were considered in the internal ESA section 7 consultation conductedfor the
ESA section 10(a)(t)(B) permit. If that coordination results in concurrence from the agency
thatthe proposed NWP activity and the associated incidental take were considered in the
internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district
engineer does not need to conduct a separate BSA section 7 consultation for the proposed NWP
activity. The district engineer will notify the non-federal applicant within 45 days of receipt of
a complete pre -construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their
critical habitat can be obtained directly from the offices of the FWS and NMFS or their world
Wide web pages athttp://www.fws.pov/ or http://wwxv,fws.gov/ipac and
http://wNvw.nmfs.tioaa.gov/bL/§pecies/esa/ respectively.
19. .Migratory Birds and Bald and Golden Eagles. The permince is responsible for
ensuring their action complies with the Migratory Bind Treaty Act and the Bald and Golden
Eagle Protection Act. The pernritteeis responsible for contacting appropriate local office of the
U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory
0

birds or eagles,. including whether "incidental take" permits are necessary and available under
the Migratery Bird Treaty Act or Sald.and Golden Eagle Protection Act fora particular
activity.
20. Historic Properties. (a) Incases where the district engineer determines that the
activity may havetlie,potentialto cause effects to properties listed, or eligible for listing, in the
National Register of Historic Places, the.activity is not authorized; until the requirements of
Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of section 106 of the National Historic Preservation Act. If pre -construction
notification is required for the proposed NWP activity, the Federal perrnittee must provide the
district engineer with the appropriate documentation to demonstrate compliance with those
requirements. The district engineer will verily that the appropriate documentation has been
submitted. If the appropriate documentation is not submitted, then additional consultation
under section;106 maybe necessary. The respective federal agency is responsible for fulfilling
itsobligationto comply with section 106.
(c) Non-federal permittees'must submit a pre -construction notification to the
district engineer if the NWP activity might have the potential to cause effects to any historic
properties listed on, determined'to be eligible for listing on, or potentially eligible for listing on
the National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties might have the
potential to be affected by the proposed NWP activity or include a vicinity map indicating the
location of the historic properties or the potential for the presence of historic properties:
Assistance regarding information on the location of, or potential for, the presence of historic
properties can be sought from the State Historic Preservation Officer, Tribal Historic
Preservation Officer, or designated tribal representative, as appropriate, and the National
Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre -construction
notifications, district engineers will comply with the current procedures for addressing the
requirements of section 106 of the National Historic Preservation Act. The district engineer
shall make a reasonable and good faith effort to cant' out appropriate identification efforts,
which may include background research, consultation, oral history interviews, sample field
investigation, and field survey. Based on the information submitted in the PCN and these
identification efforts, the district engineer shall determine whether the proposed NWP activity
has the potential to. cause effects on the historic properties. Section 106 consultation is not
required when the district engineer determines' that the activity does not have -the potential to
cause effects on historic properties (see 36 CFR 8003(a)). Section 106 consultation is required
when'the district engineer determines that the activity has the potential to cause effects on
historic properties. The district engineer will conduct consultation with consulting parties
identified under 36 CFR 800.2(c) when he or she makes any of the following effect
determinations for the purposes of section 106 of the NHPA: no historiaproperties affected, no
adverse effect, or adverse effect. Where the non -Federal applicant has identified historic
properties on which the activity might have the potential to cause effects and so notified the
Corps, the non -Federal applicant shall not begin the activity until notified by the district
engineer either that the activity has no potential to cause effects to historic properties or that
NI3PAseotion 106'-consultation has been completed.
7

(d) For non-federal permittees, the district engineer will notify the prospective
permittee within 45 days of receipt of a complete pre -construction notification whether NHPA
section 106 consultation is required. ifNIIPA section IM consultation is required, the district
engineer will notify the non -Federal applicant that he or she cannot begin the activity until
section 106 consultation is completed. If the non -Federal applicant has not heard back from the
Corps within 45 days, the applicant must still wait for notification from the Corps:,
(e) Prospective permittees should be aware that section I Ok of the (54
U.S.C. 306113) prevents the Corps from granting a permit or other assistance to.an applicant
who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally
significantly adversely affected a historic property to which the permit would relate, or having
legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps,
after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted
by the applicant. If circumstances justify granting the assistance, the Corps is required to
notify the ACHP and provide documentation specifying the circumstances, the degree of
damage to the integrity of any historic properties affected, and proposed mitigation. This.
documentation must include .any views obtained from the _applicant,: SHPOITHPO, appropriate
Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects
properties of interest to. those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover
any previously unknown historic, cultural or archeological remains and artifacts while
accomplishing the activity authorized by this permit, you must immediately notify the district
engineer of what you have found, and to the maximum extent practicable, avoid construction
activities that:mayaffaetthe remains and artifacts -until the required coordination has been
completed'. The district engineer will initiate the Federal, Tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is eligible
for listing in the National Register of Historic Places.
22., Designated Critical Resource Waters. Criticatresource waters include, NOAA-
managed marine sanctuaries and marine monuments, and National Estuarine Research
Reserves: The district engineer may designate, after notice and opporumity for public
comment, additional waters officially designated by a state as having particular environmental
or ecological significance, such as outstanding national resource waters or state natural
heritage sites. The district engineer may also designate additional critical 'resource waters after
notice and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United.States are not
authorized byNWPs 7, 12, 14, 16,.17, 21,29,31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for
any activity within, or directly affecting, critical resource waters, including wetlands adjacent
to such waters.
(b) ForNWPs 3, 8, 10,13, 15,1'8, 19,22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and
54, notification is required in accordance with general condition 32, for any activity proposed in
the designated critical resource waters including wetlands adjacent to those waters, The district
engineer may authorize activities under these N WPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

23. Mitt ag tion. The district'engineer will consider, the following factors when
determining appropriate and practicable mitigation necessary to ensure that the individual and
cumulative adverse environmental effects are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States to the maximum extent
practicable at the project site (i.e., on site).
(b) . Mitigation in all its forms (avoiding„minimizing, rectifying, reducing, or
compensating for resource losses) will:be required to the extent necessary to ensure that the
individual and cumulative adverse environmental effects are no more than, minimal.
(c) Compensatory mitigation at a minimum one -for -one ratio will'be required for
all wetland losses that exceed 1/10=acre and require pre-consnvction notification, unless the
district engineer determines in writing that either some other form of mitigation would be
more environmentally appropriate or the adverse environmental effects of the proposed
activity are no more than minimal, and proAdes an activity- specific waiver of this
,requirement. For wetland losses of-i/I0-acre or less that requite pre -construction notification,
the district engineer may determine on a case -by -case basis that compensatory mitigation is
required to ensure that the activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre -construction
notification,'the district engineer may require compensatory mitigation to ensure that;the
activity results in no more than minimal adverse environmental effects. Compensatory
mitigation for losses of streams should be provided, if practicable, through stream
rehabilitation, enhancement, or preservation, since streams are difficult -to -replace resources
(see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other
open waters will normally include a requirement for the restoration or enhancement,
maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open
waters. In some cases, the restoration or maintenance/protection of riparian areas maybe the
only compensatory mitigation required. Restored riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or
aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each
side of the stream but the district engineer may require slightly wider riparian areas to address
documented water quality or habitat loss concerns. If it is not possible to restore or
maintain/protect a riparian area on both sides of a stream, or if the waterbody, is a lake or
coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or
shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the
district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas
and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form
of minimization or compensatory mitigation, the district engineer may waive or reduce the
requirement to provide wetland compensatory mitigation for wetland losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic
resources must comply with the applicable provisions of 33 CFR part 332.
(I) The prospective permittee is responsible for proposing an.appropriate
compensatory mitigation option if compensatory mitigation is necessary to ensure that the.
activity results in no more than minimal adverse environmental effects. For the NWPs, the
preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-

lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number
and type of mitigation bank or in -lieu credits are not available at the time the PCN is submitted
to the district engineer, the district engineer may approve the use of permittee-responsible
mitigation,
(2) The amount of compensatory mitigation required by the district engineer must
be sufficient to ensure that the authorized activity results in no more'thanminimal individual
and cumulative adverse environmental effects (see %33 CFR 3310.1(e)(3)). (See also 33 CFR
332.3(b).
(3) Since�the likelihood of success is greater and the impacts to potentially
valuable uplands are Teduced; aquatic resource restoration should be the first
compensatory mitigation option considered for permittee-responsible mitigation.
(4),If permittee-responsible mitigation is the proposed option, the prospective
permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation
plan may be used by the district engineer to make the decision on the NWP verification request,
but a.fmal mitigation plan that addresses the applicable requirements of 33 CFR 332A(c)(2)
through (14) must be approvedby the district engineer before the permittee begins work in
waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the
required compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in -lieu fee program credits are the proposed option, the
mitigation plan only needs to address the baseline conditions at"die impact site and the
number of credits to be provided.,
(6) Compensatory mitigation requirements (e.g., resource type and amount to be
provided as compensatory mitigation, site protection, ecological performance standards,
monitoring requirements) may be addressed through conditions added to the NWP
authorization, instead of components of compensatory mitigation plan (see, 33 CFR
332.4(c)(1.)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses
allowed by the acreage limits of the,NWPs.For example, if an NWP has an acreage limit of
1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than
1/2-acre of waters of the United States, even if compensatory mitigation is provided that
replaces or restores some of the lostwaters-However, compensatory mitigation can and should
be used, as necessary, to ensure that an NWP activity already meeting.the established acreage
limits also satisfies the no more than.minimal impact requirement for the NWPs.
(h) Permittees may propose ;the use of mitigation banks, in -lieu fee programs, or
permittee-responsible mitigation. When developing a compensatory mitigation proposal, the
permittee must consider appropriate and practicable options consistent with the framework at
33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,.
permittee-responsible mitigation may beenvironmentallypreferable if there are no mitigation
banks, or in-lieu'fee programs in the area that have marine-or,estuarine credits. available for
sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of
the NWP verification must clearly indicate the party or parties responsible for the
implementation and performance of the compensatory mitigation project, and, if required, its
long-term management.
(i) Where certain functions and services of waters of the United States are
permanently adversely affected by a regulated activity; such as discharges of dredged or fill
WE

material into waters of the United States that will convert a.forested or scrub -shrub wetland to
a herbaceous Wetland in a permanently maintained utility line right-of-way, mitigation may be
required to reduce the adverse environmental effects of the activity to the no more than
minimal level.
24. Safety of impoundment.Structures. To ensure that allimpoundment-structures
are safely designed, the district engineer mayrequire non -Federal applicants to demonstrate, that
the structures comply with established state dam safety criteria or have been designed by
qualified persons. The district:engineer may'also require documentation that the design has
been, independently reviewed by similarly qualified persons, and appropriate modifications
made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable,
have not;previously certified dompHance 'of an NWP with CWA section 401, individual 401
Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)), The district
engineeror State or Tribe may require additional water quality management, measures to ensure,
that the,authorized activity does not result in more than minimal degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a .State may, require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
27. Reeional and Case-Ey-Case Conditions. The activity must comply with any
regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e))
and with any case specific conditions added by the Corps or by the state, Indian Tribe; or U.S.
EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone
Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP fora
single and complete project isProhibited, except when the.acreage loss of waters of the United
States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest
specified acreage limit. For example, if road crossing over tidal waters is constructed under,
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss
of waters -of the United States for the total project cannot. exceed l/3-acre,
29. Transfer of Nationwide Permit Verifications. If the permittee,sells the. property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district
office to validate the transfer. A copy of the nationwide permit verification must be attached to
the letter, and'the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this, nationwide permit, including
any special conditions, will continue to be binding on the new owner(s) of the property. To
11

validate the transfer of this nationwide permit and the associated liabilities associated with
compliance with its terms and conditions, have The transferee sign and date below,"
(Transferee)
(Date)
30. Compliance Certification. Each.permittee who receives anNWP verification
letter from the Corps must provide a signed certification,documenting completion of the
authorized activity and implementation of any required compensatory mitigation. The
success of any required permittee-responsible mitigation, including the achievement of
ecological performance standards, will be addressed separately by the.district engineer. The
Corps will provide the perminee the certification document with the NWP verification letter.
The certification documentmill include;
(a) A statement that the authorized activity was done in accordance with the NWP
authorization, including any general, regional; or activity=specific conditions;
(b) A statement that the implementation of any required compensatory mitigation
was completed in accordance, with the permit conditions. If credits from a mitigation bank or
in -lieu fee program are used to satisfy the compensatory mitigation requirements,' the
certification must include the documentation required by 33 CPR 332.30)(3) to confirm that
the permittee secured the appropriate number and resource type of credits; and
(c) The -signature of the permittee certifying the completion of the activity=and
mitigation.
The completed certification document must be submitted'to the district engineer
within 30 days of completion of the authorized activity or the implementation of'any required
compensatory mitigation, whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP
activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter
or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE)
federally authorized Civil Works project (a "USACE projecVD, the prospective permittee must
submit a pre -construction notification. See paragraph (b)(10) of general condition 32. An
activity that requires section 408 permission is not authorized by NWP until the appropriate
Corps office issues the section 408 permission to alteri occupy, or use the USACE project, and
the district engineer issues a written NWP verification.
.32. Pre -Construction Notification. (a) Timin . Where required by the terms of the
NWP, the prospective permittee must notify the district engineer by submitting a pre -
construction notification (PCN) as early as possible. The district engineer must determine if the
PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to
be incomplete, notify the prospective permittee within that 30 day period to "request the
additional information necessary to make the PCN complete. The request must.specify the
information needed to makethe''PCI4 complete. As a general rule, district engineers will request
additional information necessary to make the PCNcomplete only once: However, if the
12

prospective permittee does not provide all of the requested information, then the district
engineer will notify the prospective permittee that'the PCN is still incomplete and the PCN
review process will not commence until all of the requested information has been received .by
the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may
proceed under the'NAT with any special conditions imposed by 'the district or division
engineer;. or
(2) 45 calendar days havepassed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received, written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to
general condition 18 that listed species or critical habitat might be affected or are in the vicinity
of the activity, or to notify the Corps pursuant to general condition 20 that the activity might
have the potential to cause effects to historic properties; the permittee cannot begin the activity
until receiving written notification from the Corps that there is "no effect" on listed species or
"no potential'to cause effects" on historic properties, or that,any consultation required under
Section T of the Endangered Species Act (see 33 CFR 330.4(fj) and/or. section ;105 of the
National Historic Preservation Act (see 33 CFR'330.4(g)) has been completed. Also, work
cannot begin underNWPs 21, 49, or 50 until the permittee has received written approval from
the Corps. If the proposed activity requires a written waiver to exceed,specifred limits of an
NWP, the permittee may'not begin the activity until the district engineer issues the waiver. If
the district or division engineer notifies the permittee in writing that an individual permit is
required within-45 calendar days of receipt of a ncomplete PCN, the permittee cannot begin the
activity until an individual permit has.been obtained. Subsequently; the permittee's right to
proceed under the NWP may be modified, suspended, or revoked only in accordance with the
procedure set forth in 33 CFR 330:5(d)(2)
(b) Contents of Pre -Construction Notification: The PCN must be in writing and
include the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use
to authorize the proposed activity;
(4) A description of the proposed activity; the activity's put -pose; direct and indirect
adverse environmental effects the activity would cause, including the anticipated amount of loss
of wetlands, other special aquatic sites, and other waters expected to result. from the NWP
activity, in acres, linear feet,, or other appropriate unit of measure; a description of any proposed
mitigation measures intended to reduce the adverse environmental effects caused by the
proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s)
used or intended to be used to authorize any part of the proposed,project or any related' activity,
including other separate and distant crossings for linear projects that require Department of the
Army authorization but do not require pre -construction notification. The description of the
proposed activity and any proposed mitigation measures should be sufficiently detailed to allow
the district engineer to determine that the adverse environmental effectsofthe; activity will be
no more Ulan minimal and to determine the need for compensatory mitigation or other
mitigation measures. For single and complete linear projects, the PCN must include the
quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters.
13

Sketches should be provided when:neeessaiy to show tbat,the activity complies with the terms
of the NWP. (Sketches usually clarify the activity and when provided results in a quicker
decision. Sketches should contain.sufficient detail to provide an illustrative. description of the
proposed activity (e.g., a conceptual plan), but do.not need to be detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic,sites,
and other.waters, such:as lakes, and ponds, and perennial, intermittent, and ephemeral ,streams,
on the project site. Wetland delineations. must be prepared ;in accordance with the current
method required by the. Corps. The permitteemay aslethe Corps to delineate the special
aquatic sites and other waters on the project'site, but there may be a delay if. the Corps does
the delineation, especially if the project site is large or contains many wetlands, other special,
aquatic sites, and other waters. Furthermore, the 45 day period will not start until the
delineation has been submitted to or completed by the Corps, as. appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of
wetlands and a PCN is required, the prospective permittee must.submit a statement
describing how the mitigation requirementwill be satisfied, or explaining why the
adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(7 For non -Federal permittees, if any listed species or designated critical habitat
might be affected or is in the vicinity of the activity, or if the. activity is located in designated
critical, habitat, the PCN most include the•name(s) of those endangered or threatened species
that might be affected by the proposed activity or utilize the designated critical habitat that
might be affected by the proposed activity. For NWP activities that require pre -construction
notification, Federal permittees must provide documentation demonstrating compliance with
the Endangered Species Act;
(8) For non -Federal permittees, if. the NWP activity might have the potential to
cause effects to a historic property listed on, determined to be eligible for listing on, or
potentially eligible for listing on, the NationalRegister of Historic Places, the PCN must state
which.historic property might have the potential to be affected by the proposed activity or
include a vicinity map indicating the location of the historic property. For NWP activities that
require pie -construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic
River System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, the PCN must identify the
Wild and Scenic River or the "study river" (see general condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C.
408 because it will alter. or temporarily or permanently occupy or use a US. Army Corps of
Engineers federally authorized civil works project, the pre -construction notification must
include a statement confirming thatthe,project proponent has submitted a written request for
section408 permission from the Corps office'having jurisdiction over that USACE'project.
(c) Form of Pre -Construction Notification: The standard individual permit
application form (Form ENG 4345) may be used, but the completed application form must
clearly indicate that it is an .NWP PCN and must include all of the applicable information
required in paragraphs (b)(l) through (l0) of this general condition. A letter containing the
required information may also be used. Applicants may provide electronic files of PCNs and
14

supporting materials if the district engineer has established tools and procedures for electronic
submittals:
(d) Agency Coordination:-(1) The district engineer will consider any comments
from Federal and state agencies concerning the proposed activity's compliance with the terms.
and conditions of the N WPs and the need for mitigation to reduce the activity's adverse.
environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that requireepre-
construction notification and result in the loss of greater than 1/2-acre of waters of the United
States; (u) NWP 21, 29, 3.9, 40,-412; 43„44 50, 51, and 52 activities that require pre -
construction notification and will result in the loss of greater than 300 linear feet of stream
bed; (iir7 NWP 13 activities in excess of 500 linear, feet, fills greater than one cubic yardper
running foot, or involve. discharges of dredged. or fill material into special aquatic sites; and
(iv), NWP 54,activities in excess of 500 linear feet, or that extend into the waterbody more than
30 feet from the mean low water line in tidal waters or the :ordinary high water mark in the
Great Lakes.
(3) When.agency coordination is required,, the district engineer will immediately
provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a
copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural
resource or water quality, agency, EPA, and, if appropriate, the NMFS). With the exception of
NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to
notify the district; engineer via telephone, facsimile transmission, or e-mail that they;intend to
provide substantive, site -specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an
agency, the district engineer will wait an additional 15 calendar days before making a decision
on the lire -construction notification. The district engineer will fully consider agency comments
received within the.specified time frame concerning the proposed activity's compliance with
the terms and conditions of the NWPs, including the need for mitigation to ensure the net
adverse environmental effects of the proposed activity are no more than minimal. The district
engineer will provide no response to the resource agency, except as provided below. The
district engineer will indicate in the administrative record associatedwith each pre -construction
notification that the resource agencies' concerns were considered.. For NWP 37, the emergency
watershed protection and rehabilitation activity may proceed immediately in cases where there
is an; unacceptable hazard to life or a significant loss of property or economic hardship will
occur. The district engineer will consider any comments received to decide whether the NWP
37 authorization should be modified, suspended, or revoked in accordance with the procedures
at33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency; the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act,
(3) Applicants are encouraged to provide the Corps with either electronic files' or
multiple copies of pre -construction notifications to expedite agency coordination.
DISTRICT ENGINEER'S DECISION
1. In reviewing the PCN for the proposed activity; the district engineer will'
determine whether the activity authorized by the NWP will result in.more than minimal
15

individual or cumulative adverse environmental effects or may be contrary to the public
interest. If a project proponent requests authorization by a specifie NWP, the district engineer
should issue theNWP verification for that activity if it meets the terms and conditions of that
NWP, unless he or she determinesi after considering mitigation, that. the proposed activity will
result in more: than minimal individual and cumulative adverse effects on the aquatic
environment: and, other aspects of the public interest and exercises discretionary autbority to
require,an'individual permit for the proposed activity. For a linear project, this determination
will include an evaluation of the individual crossings of waters of the United States to
determine whether they individually satisfythe-terms and conditions of the N(s), as well as
the cumulative effects caused by all. of the crossings authorizedWP
by NWP: If an applicant
requests a waiver of the 306 linear foot limit on impacts to streams or of an otherwise,
applicable limit, asprovided for in NWPs 13, 21, 29, 36, 39, 40 42, 43, 44, 50 51, 52, or 54,
the district engineer will only grant the waiver upon a written determination that the NWP
activity will result in only minimal individual and cumulative adverse environmental effects.
For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and
ephemeral, stream bed and a 1/2-acre limit (i,e., NWPs 21, 292 39, 40, 42, 43, 44, 50, 51, and
52), the loss of intermittent and ephemeral stream bed,;plus any other losses of jurisdictional.
waters and wetlands, cannot exceed 1/2-acre.
2. When making minimal adverse environmental effects determinations the district
engineer will consider the direct' and.indirect effects caused by.the NWP activity. Ile or she
will also consider the cumulative adverse environmental effects caused by activities authorized
by NWP and whether those cumulative adverse environmental effects: are no more than
minimal. The district engineer will also consider site specific factors, such as the
environmental setting in the vicinity of the NWP activity, the type of resource that will be
affected bythe NWP activity, the functions provided by the aquatic resources that will be
affected by the NWP activity, the degree or magnitude to which the aquatic resources perform
those functions, the extent that aquatic resource functions will be lost es a result of the NWP
activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or
permanent), the importance of the aquatic resource functions to the region (e.g.; watershed or
ecoregion), and mitigation required by the district engineer, If an appropriate.functional or
condition assessment method is available and practicable to use, that assessment method may
be used by the district engineer to assist in the minimal adverse environmental effects
determination. The district engineer may add case -specific special conditions to the NWP
authorization to address site- specific environmental concerns,
3. If the proposed activity requires a:PCN and will result in a loss of greater than
1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller
impacts, or for impacts to other types of waters (e.g., streams). The district engineer will
consider any proposed compensatory mitigation or other mitigation measures the applicant has
included in the proposal in determining whether the net adverse environmental effects of the
proposed activity are no more than minimal. The compensatory mitigation proposal may be
either conceptual or detailed. If the district engineer determines that the activity complies with
the terms and conditions of the NWP and that the adverse environmental effects are no more
-than minimal, after considering mitigation, the district engineer will notify the permitt'ee and
16

include any activity -specific conditions in the NWP verification the district engineer deems
necessary. Conditions for compensatory mitigation requirements must comply with the
appropriate provisions at 33 CFR 392.3(k). The district engineer must approve the final
mitigation plan before the permittee commences work in waters of the United States, unless the
district engineer determines that prior approval of the final mitigation plan is not practicable or
not necessary to ensure timely completion of the required compensatory mitigation. Ifthe
prospective permittee elects.to submit, a compensatory mitigation plan with the PCN; the. district
engineer will expeditiously review the proposed compensatory mitigation plan. The district,
engineer must review the proposed compensatory mitigation planwithin.45 calendar days of
receiving a complete PCN and determine whether the proposed mitigation would ensure the
NWP activity results in no more than minimal adverse environmental effects. If the net adverse
environmental effects of the NWP activity (after consideration of the mitigation proposal) are
determined by the district engineer to be no more than minimal, the district engineer will
provide a timely written response to`the applicant. The response will state that the NWP activity
can proceed under the terms and conditions of the NWP, including any activity -specific
conditions added to the NWP authorization by the district engineer.
4. If the district engineer determines that the adverse environmental effects of the
proposed activity are more than minimal, then the district engineer will notify the applicant
either: (a) that the activity does not qualify for authorization under the NWP and instruct the
applicant on the procedures to seek authorization under an individual permit; (b) that the
activity is authorized under the NWP subject to the applicant's submission of amitigation plan
that would reduce the adverse environmental effects so that they are no more than minimal; or
(c) that the activity is authorized under the NWP with specific; modifications or conditions.
Where the district engineer determines that mitigation is required to ensure no more than
minimal adverse environmental effects, the activity will be authorized within the 45-day PCN
period (unless additional time is required to comply with general conditions 18, 20, and/or. 31,
or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity -specific
conditions that state the mitigation requirements. The authorization will include the necessary
conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation
plan that 'would reduce the adverse'environmental effects so that they are no more than
minimal. When compensatory mitigation is required, no work in waters of the United States
may occur until the district engineer has approved a specific mitigation plan or has determined
that priorr approval of a final mitigation plan is not practicable or not necessary to ensure timely
completion of the required compensatory mitigation.
1. District Engineers have authority to determine. if an activity complies with the
terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required.by law.
3. NWPs do not:grant any property rights or, exclusive privileges.
4. NWPs do not authorize any injury to the propertyor rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal
project (see general condition 31).
17

DEFINITIONS
Best managementpraoticesfiBMN:'Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BNII's are categorized as structural or non-structural.
Compematorvmitlgation;The restoration (re-establishment or rehabilitation),
establishment (creation), enhancement; and/or in certain circumstances.preservation of aquatic
resources for the purposes of offsetting.unavoidable adverse impacts which remain after all
appropriate and practicable avoidance and; minimization has. been achieved.
Currently serviceable: Useable as is or with some maintenances but not so degraded
as to. essentially require reconstruction,
Direct effects: Effects that are caused by the activity and occur at the same time and
place.
Discharge: The term "discharge" means any discharge of dredged or fill material
into waters of the United States.
Ecological reference: A model used to plan and design an aquatic habitat and
riparian area restoration,.enhancement, or establishment activity underNWP 27. An ecological
reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a
riparian area type that currently exists in the region where the proposed NWP 27 activity is
located. Alternatively, an ecological reference maybe based on a conceptual model for the
aquatic habitat type or riparian area type to be restored, enhanced, or established as:a result of
the proposed NW 27 activity. An ecological reference takes into account the range of
variation of the aquatic habitat type or riparian area type in the region.
Enhancement The. manipulation of the physical, chemical, or biological
characteristics of, an aquatic resource to heighten, intensify, or improve a specific aquatic
resource function(s), Enhancement results in the gain of selected aquatic resource function(s),
but may also lead to a decline: in other aquatic resource function(s). Enhancement does not
result in again in aquatic resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a
short duration after, precipitation events in a typical year. Ephemeral stream beds are located
above the water table year-round. Groundwater is not a source of water for the stream. Runoff
from rainfall is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area,
_High Tide ire; The line of intersection of the land with the water's surface at the
maximum height reached by a rising tide. The high tide line may determined, in the absence
of actual data, by a lineof oil or scum along shore objects, a more or less continuous deposit of
fine shell or debris on the foreshore or berm, other physical markings or characteristics,
vegetation lines, tidal gages, or other suitable means that delineate the general height reached
by a rising tide. The lure encompasses spring high tides and other high tides that occur with
periodic frequency but does not include storm surges in which there is a departure from the
normal or predicted reach of the tide due to the piling up of water against a coast by strong
winds such as those accompanying a hurricane or other intense storm.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building; structure, or other object includedin, or eligible for inclusion in, the National
18

Register of Historic. Places maintained by the Secretary - of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR. part 60).
Independent utility: A test to determine what constitutes a single and complete non-
linear project in the Corps Regulatory Program. A project is considered to have independent
utility if it would be constructed absent the construction of other projects in the project area.
Portions of a multi -phase project that depend upon other phases of the project do not have
independent utility. Phases of a project that would be constructed even if the other phases were
not built -can be considered as separate single and complete projects with independent.utility.
Indirect effects: Effects that are caused by the activity and are later in time or farther
removed in distance, but are still reasonably foreseeable:
Intermittent stream: An intermittent stream has flowing water, during certain times of
the year, when groundwater provides water for stream flow. During dry periods, intermittent
streams may not have flowing water. Runoff from rainfall is a supplemental source of water for
stream flow.
Loss of waters of the United States: Waters of the United States that: are permanently
adversely affected by filling, flooding, excavation, or drainage because of theregulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services: The loss of stream bed includes the acres or
linear feet of stream bed. that are filled or excavated as a result of thexegulated activity. Waters
of the United.States temporarily filled, flooded, excavated, or drained, but restored to pre
construction contours and elevations after construction, are not included in the, measurement of
loss of waters of the United States. Impacts resulting from activities that. do not require
Department of the Army authorization, such as activities eligible for exemptions under section
404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the
United'States.
Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of
1899, These waters are defined at 33 CFR part 329.
Non -tidal wetland:.A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. Non -tidal wetlands contiguous to tidal waters are located landward of the
high tide line (i.e, spring high tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that
an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing
or standing water is either non -emergent, sparse, or absent. Vegetated shallows are considered
to be open waters. Examples.of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas.
Perennial stream: A perennial stream: has flowing water year-round during a typical
year, The water tablets located above the stream bed for most of the year. Groundwater is the
19

primary source of water for -stream flow. Runoff from rainfall is a supplemental source of
water for stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the
Corps for confirmation that a particular activity is authorized by nationwide permit. The request
may be a permit application, letter, or similar document that includes information about the
proposed work and its anticipated environmental effects. Pre -construction notification maybe
required by the terms and conditions of a nationwide permit, or by regional conditions. A pre -
construction notification maybe voluntarily submitted in cases wherepre-construction
notification is not°required and the project proponent wants confirmation that the activity is
authorized by nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic
resources by an action in or near those aquatic resources. This term includes activities
commonly associated with the protection and maintenance ofaquatic resources through the
implementation of appropriate legal and physical'inechanisms, Preservation does not result in a
gain of aquatic resource -area onfunetions,
Protected tribal "resources: Those natural resources and properties of traditional or
customary religious or cultural importance, either on or off Indian lands, retained by, or
reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders,
including tribal trust resources.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natdral/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area and functions.
Rehabilitation: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of repairing natural/historic functions to a degraded
aquatic resource.. Rehabilitation results in a gain in aquatic resource function, but does not
result in a gain in aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of returning natural/historic functions to a former or degraded aquatic
resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided
into two categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under
the 404(b)(1) Guidelines: Riffle and pool complexes sometimes characterize steep gradient
sections ofstreams. Such stream sections are recognizable by their hydraulic, characteristics.
The rapid movement of water over a course substrate in riffles results in a rough flow, a
turbulent,surface, and high dissolved oxygen levelsin the water. Pools are deeper areas
associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a
finer substrate characterize pools.
Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine- marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine
waters with their adjacent wetlands, non -wetland waters, or uplands. Riparian areas.provide a
variety of ecological functions and services and help improve or maintain local water. quality.
(See general condition 23.)
20

Shellfish seeding: The placement of shellfish seed and/or suitable substrate to
increase shellfish production. Shellfish seed consists of immature individual shellfish or
individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate
may consistof shellfish shells, shell fragments, or other appropriate materials placed into
waters for shellfish habitat.
Single and complete linear prolect:' A linear project is a project constructed for the
purpose of getting people, goods, or services from a point of origin to:a terminal point, which
often involves multiple crossings of one or more waterbodies at separate and distant locations.
The term'"single and complete project' is defined as that portion of the total linear project
proposed or accomplished by one owner/developer or partnership or other association of
owners/developers that includes all crossings of a single water of the United States (i.e., a
single waterbody) at a, specific location. For linear projects crossing a single or multiple
waterbodies several times at separate and distant locations, each crossing is considered a single
and complete project for purposes of NWP authorization. However, individual channels in;a
braided stream or river, or individual arms ofa large, irregularly shaped wetland or lake, etc.,
are not separate waterbodies, and crossings of such features cannot be considered separately.
:Single and complete non -linear proiect: For non -linear projects, the term "single and.
complete project' is defined at 33 CPR 330.2(i) as the total project proposed orr accomplished
by one owner/developer orpartnership or other association of owners/developers, A single and
complete.non-linear project must have independent utility (see definition of "independent
utility"). Single and complete non -linear projects may not be "piecemealed" to avoid the limits
in an NWP authorization.
Stormwater management: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality
degradation,, and flooding and mitigating the adverse effects of changes in land use on the
aquatic .environment.
Stormwater management facilities: Stormwater management facilities are those
facilities, including but not limited to, stormwater retention and detention ponds and best
management practices, which retain water for a period of time to control runoff and/or improve
the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances
and other pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel,between the ordinary high water
marks. The substrate may be bedrock or inorganic particles that range in size from clay to
boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks,
are not considered part of the stream bed..
Stream channelizatiom The manipulation of a stream's, course, condition, capacity,
or location that causes more than minimal interruption of normal stream processes. A
channelized stream remains a water of the United States:
Structure: An object that is arranged in a definite pattern of organization. Examples
of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef,
permanent,mooring structure, power transmission line, permanently moored floating vessel,
piling, aid to,havigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal
waters. Tidal waters rise and fall in predictable and measurable rhythm or cycle due to the
gravitational pulls of the moon and sun. Tidal waters end where. the rise and fall of the water
21

surface can no longer be practically:measured'in a.pre4ctable rhythm due to masking by other
waters, wind, or other effects. Tidal. wetlands are located channelwardof the high tide line.
Tribal lands: Any lands title `to which is either: 1).held' in trust by the United States
for the benefit of any Indian tribe or individual; or 2) held by any Indian tribe or individual
subject to restrictions by the United States against alienation.
Tribal rights: Those tights legally accruing to a tribe or tribes by virtue of inherent
sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive
order or agreement, and that give rise to legally enforceable remedies.
Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that aropermanentlyinundated. and under normal circumstances
have tooted aquatic vegetation, such as seagrasses: in marine and estuarine Systems and a
variety of vascular rooted plants in freshwater systems.
Waterbody: For purposes of the NWPs, a waterbody is jurisdictional water of the
United States. If a wetland is adjacent to, a waterbody determined to be a water of the United
States, that waterbody and.any adjacent -wetlands are considered together as a single aquatic
unit (see 33 M328.4(c)(2)), Examples of "waterbodies" include streams, riverslakes, ponds,
and wetlands.
22

FINAL 2017 REGIONAL CONDITIONS
NOTICE ABOUT WEB LINKS IN THIS DOCUMENT.'
The web links (bothinternalto our Wilmington District and any external links to collaborating
agencies) in this document are validat the time ofpublicatiom, However, the Wilmington
District RegulatotyProgram weft page addresses, as with other agency web sites, .may change
over the timefrane of the five year Nationwide Permit renewal cycle, in response to policy
mandates or technology advances. While we will make every effort to check on the integrity of
our web links and provide re -direct pages whenever possible; we ask that you report any broken.
links to us so we can keep the page information current and usable. We apologize in'advanced
for any broken links that you may encounter, and we ask that you navigate from the Regulatory
home page (Regulatory Permit Program Wetlands and Streams) of the Wilmington District
Corps of Engineers; to the "Permits" section of our web site tofind links far pages that cannot
befound by clicking directly on;the listed web link in this document.
Final 2017 Reeional Conditions for Nationwide Permits {1VWP.1 in the'Wilminatou District
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all N.WP's during certain
timeframes. These waters are:
1.1 Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina.Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife. Resources Commission (NCWRC)'as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from the Corps and either NCDMF or NCWRC.
1.2 Trout Waters Moratorium
Waters of the United.States in the designated trout watersheds of North Carolina are excluded
during the period between October 15 and April 15 without prior written approval from the
NCWRC, or from the Eastern Band of Cherokee Indians,(EBCI) Fisheries and Wildlife
Management (FWM) office if the project is located on EBCI trust land. (See Section 2.7 for
information on the designated trout watersheds).
1.3 Sturgeon. Spawning Areas as Designated by the.National Marine Fisheries Service
(NMFS)
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the NMFS.
23

2;0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWPs. These waters are:
2A Western NC Counties that Drain. to Designated Critical Habitat
For proposed ,activities within waters of the United States. that require a Pre -Construction
Notification (PCN) and are located infhe sixteen counties listed below, permittees "must provide
a copy of the PCN to the U.S. Fish and Wildlife Service (USFWS),160 Zillicoa Street, .
Asheville,.North Carolina 28801. This PCN must be sent concurrently to the U.S. Fish and
Wildlife, Service and the Corps Asheville Regulatory Field Office. Please see General. Condition
18 for specific notification requirements related to the Endangered Species Act and the below
website for information on the location of designated critical habitat.
Counties with tributaries that drain to designated critical `habitat that require notification to the
Asheville U.S. Fish and Wildlife Service; Avery, Cherokee, Forsyth, Graham, Haywood,
Henderson, Jackson, Macon, Mecklenburg, Mitchell, Stokes,'Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington Districthas developed the following website for permittees which provides.
guidelines on'how to review linked websites and maps in order to fulfill N WP General Condition
18 reauireinents:
Permittees who do not have internet access may contact the appropriate U.S. Fish and Wildlife
Service offices listed. below or Corps at [phone]:
Asheville U.S. Fish and Wildlife Service Office counties: All counties, west of and including
Anson, Stanly, Davidson, Forsythe and Stokes Counties.
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa.Street
Asheville, NC 28801
Telephone: [phone]
Raleigh U.S. Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery; Randolph, Guilford, and. Rockingham Counties.
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
24

Raleigh,NC 27636-3726
Telephone: [phone]
2.2 Special Designation' Waters
'Prior to the use of any NWP, except NWP 3, that.involves a discharge of dredged or fill material
in any of the following identified waters and/or adjacent wetlands in North Carolina, permittees
shall submit a PCN to the District Engineer prior -to commencing the activity (see General
Condition 32). The' North Carolinawaters and wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) or "High Quality Waters" (HQW) as designated by the
North Carolina Environmental Management Commission; "Primary Nursery Areas" (PNA),
including inland PNA, as designated by the North Carolia Marine Fisheries Commission and
theNCWRC; or wetlands adjacent to these waters. Definitions of ORW,HQW and PNAwaters
can be found in,the North Carolina State Administrative Code, Title 15A, Subchapters 2B and
10C (15A.NCAC,0213, 15A NCAC 10C) and at the following World, Wide Web page:
30Environmental%200u"ality&lookUnError-15A%20NCAC%u20000"/020. Surface water
classifications for waters in North Carolina can be viewed at the North Carolina Division of
Water Resources website or at the following World Wide Web Page:
littos•//decinc sov/about/divisions/water-resources/planiiinT/classifieation-
standards/classifications
Permittees who do not have internet access may contact the Corps at{919) 251- 4633.
2.3 Coastal Area Management Act (CAMA) Areas of Environmental' Concern
Non-federal permittees for any NWP in a designated "Area. of Environmental Concern' (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (LAMA) must also obtain the required CAMA permit. Development
activities for non-federal projects may not commence until a copy of the approved CAMA permit
is fuinished'to the appropriate Wilmington District Regulatory Field Office (Wilmington Field
Office— 69 Darlington Avenue; Wilmington, NC 28403, [phone] or Washington Field
Office-2407 West 5th Street, Washington, NC 27889, [phone]).
2.4 Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, permittees must submit a PCN
to the District Engineer prior to commencing the activity (see General Condition 32).
2.5 Mountain or Piedmont Bogs
Prior to the use of anyNWPin a Bog, as classified by the. North Carolina Wetland Assessment
Methodology (NCWAM), permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32). The latest version ofNCWAM can be
25

viewed on the Corps RIBITS (Regulatory In -lieu Fee and Bank Information Tracking System)
website or at the following World Wide Web Page:
littps.//ribits.usace.anny.mil/ribits aycx/t o=iI07-27'O"NO:::
2.6 Animal Waste Facilities
Prior to use of. any NWP for construction of animal waste facilities in waters of the united
States, including wetlands, permittees shall submit a PCN to the District Engineer prior to
commencing the activity (see General Condition 32).
2.7 Trout Waters
Prior to any discharge of dredge or fill material into streams, waterbodies or wetlands within the
294 designated trout watersheds of North. Carolina, the permittee shall submit a PCN{see
General Condition 32) to the District Engineerprior to commencing the activity, unless other
thresholds are established in the Regional Conditions in Section 4 (Additional, Regional.
Conditions for Specific Nationwide `Permits). The.permittee.shall also proyide a copy of the
notification to the appropriate NCWRC office, or'to the EBCI'FWM Office (if the project is
located, on EBCI trust land), to facilitate the determination of any potential impacts to designated
Trout Waters.
Notification to the Corps will include a statement with the name of the NCWRC or E13CI FWM
biologist contacted, the date of the notification, the location of work, a delineation of wetlands
and waters, a discussion of alternatives to working in the mountain trout waters, why alternatives
were,not selected, and, if applicable, a plan to provide compensatory mitigation for all
unavoidable adverse impacts to mountain trout waters'.
NCWRC and NC Trout Watersheds:
NCWRC..Contact**
Counties that are
entirely within, Trout
Watersheds*
Counties that are,
partially within Trout
Watersheds*
Mountain Coordinator
Alleghany Jackson
Burke McDowell
Balsam.Depot
Ashe Macon
Buncombe Mitchell
20830 Great Smoky
(Avery Swain
Caldwell Poll,
Mountain Expressway
Graham Transylvania
Cherokee Rutherford
Waynesville, NC 28786
Haywood Watauga
Clay Surry
Telephone; [phone]
Henderson Wilkes
Madison Yancey
For NCDOT Projects:
NCDOT Coordinator
206 Charter. Street
Albemarle, NC 28001.
Telephone: [phone]i81
26

*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field
Office at (828).271-7980 or view maps for each County at the following World Wide Web page:
**If a project is located on EBCI trust land, submit the PCNin Accordance with Section 3.14.
Contact the Gorps Asheville Regulatory Field Office at(828) 271-7980;with questions.
2.8 Western NC Waters and Corridors
The permittee shall submit a PCN (see General Condition 32) to -the District Engineer prior to
commencing the activity in waters of the United States if the activity will occur within any of the
following identified waters in western North Carolina, within 0.5 mile on either side of these
waters, or within 0.75 mile of the Little Tennessee River; as measured from the top of the bank
of the respective water (i.e., river, stream, or creek):
Biasstown Creek
Burningtown Creek
Cane River
Caney Fork
Cartoogechaye Creek
Chattooga River
Cheoali River
Cowee Creek
Cullasaja River
Deep Creek
Ellijay Creek
French Broad River
Garden Creek
Hiwassee River
Hominy Creek
Iotla Creek
Little TennesseeRiver (within the river or within 0.75 mile on. either side of this river)
Nantahala River
Nolichucky River
North Fork French Broad River
North Toe River
Nottley River
Oconaluftee River (portion not located on trust(EBCI land)
Peachtree Creels
Shooting Creek
Snowbird Creek
South Toe River
Stecoah Creek
Swamanoa River
Sweetwater Creek
27

Tuckasegee River (also, spelled Tuckaseegee or Tuckaseigee)
Valley River
Watauga Creek
Watauga River
Wayah Creek
West Fork French Broad River
To determine notification requirements, contactthe Corps Asheville Regulatory Field Office at
[phone] or view maps for all corridors at the following World wide Web page:
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide_ Permits in the Wilmington District:
3.1 Limitation of Loss of Stream Bed
NWPsmay not be used for activitiesthat may result in the loss or degradation of more than 300
total linear feet of stream. bed, unless the District Engineer has waived the 300 linear foot limit
for ephemeral and intermittent streams on a case -by -case basis and has determined. that the
proposed activity will result in minimal individual and cumulative adverse impacts to the aquatic
environment. Waivers for the loss of ephemeral and intermittent streams must be in writing and
documented, by appropriate/accepted stream quality assessments*. This waiver only applies to
the 300 linear feet threshold for NWPs.
This Regional Condition does not apply to NWP 23 (Approved Categorical Exclusions).
*NOTE: Permittees-should utilize the most current methodology prescribed by Wilmington
District to assess stream function and quality. Information can be found at:
httnsJ/ribits.usace:annv:mil/ribits apex/f?p=107:27:0•:NO:::
3.2 Mitigation for Loss of Stream Bed
For any NWP that results in a loss of more than 150 linear feetof stream, the permittee shall
provide amitigation proposal to compensate for more than:minimal individual and cumulative
adverse impacts to the aquatic environment. For stream losses of 150 linear feet or less that
require a PCN, the District Engineer may determine, on a case -by -case basis, that.compensatory
mitigation is required to ensure that the activity results in minimal adverse effect on the aquatic
environment.
3.3 Pre -construction Notification for Loss of 5treambed Exceeding 150 Feet
Pilot to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream, intermittent or ephemeral stream; the permittee shall submit a PCN to the
District Engineer prior to commencing the activity (see General Condition 32). This applies to
28

NWPs that do.not have specific notification requirements. If a NWP has specific notification
requirements, the requirementsof the NWP should be followed.
3.4 Restriction on Use of Live Concrete
For all NWPs which allow thews of concrete as a building material, live or fresh concrete,
including bags of uncured concrete, may not come into contact the water in or entering into
waters ofthe United States. Water inside.coffer dams or casings`that bas been: in contact with
wet concrete shall only be returned to waters, of the United States after the concrete is. set and
cured and when it no longer poses a threat to aquatic organisms.
3.5 Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.51. Whcre banlcstabilization is conducted as part of an activity, natural design, bioengineering
and/or geoengineering methods thatincorporate natural durable materials, native seed.mixes, and
native plants and shrubs are to be utilized to the maximum extent practicable.
3.5.2. Filter cloth must be placed_ underneath the riprap as an additional requirement of its use in
North Carolina waters. The placement of filter fabric is not required if the riprap will be pushed
or "keyed" into the bank of the waterbody. A waiver from the specifications in this Regional
Condition may be requested in writing. The waiver will only be issued if it can be demonstrated
that the`Impacts of complyingwith this.Regional Condition would result in greater adverse
impacts to the aquatic environment.
3.5.3. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.4. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.5. It shall be of size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.6. The riprap material shall consist of clean rook or masonry material such as, but not limited
to, granite, marl, or broken concrete.
3:6 Requirements for Culvert Placement
3.6.1 For all NWPs that involve the-constructionlinstallation of culverts, measures will be
included in the construetion/installation that will promote the'safe passage -of fish and' other
aquatic organisms. The dimension, pattern, and profile of the stream above and below a pipe or
culvert should not be modified by altering the width or depth of the stream profile in connection
with the construction activity. The width, height, and gradient of a proposed culvert should be
RM

sufficientao pass: the average historical low flow and spring flow without adversely altering flow
velocity. Spring flow is the seasonal sustained high -flow that typically occurs in the spring.
Spring flows should -be determined from.gage data, if available. In the absence of such data,
bank -full flow can be used as a comparable indicator.
In Public Trust Areas. of Environmental Concern (AEC) and/or the Estuarine Waters AEC as
designated by the Coastal Area Management Act (CAMA): All pipes/culverts must be
sufficiently sized to allow for the burial. of the bottom of the cuNcrt-at least one foot below
normal bed elevation.
Circular
Culvert }
l
Rise
Streambed� (Diameter)
®ice M�
T: i �•
�q.
In all other,areas: Culverts;greater than 48 inches in diameter will be buried at least one foot
below the bedof the stream. Culverts 48 inches in.diameter or less shall be buried to maintain
aquatic passage and to maintain passage during drought or low flow conditions, and every effort
shall be made to maintain the existing channel slope.
Culverts must be designed and constructed in a manner that minimizes destabilisation and head
cutting. Destabilizing -the channel and head cutting upstream should be considered and
appropriate actions incorporated in the design and placement of the culvert.
A. waiver from the depth "specifications in this condition may be requested, in writing, by the
permittee and issued by the Corp; this request must be specific as to the reasons(s) for. the
request. The waiver will be issued if it can be demonstrated that the proposed design would
result in less impacts to the aquatic environment.
All counties: Culverts placed within riparian and/or iiveiine wetlands must be installed in a
manner that does not restrict the flow and circulation patterns of waters of the United States.
30

Culverts placed across wetland fills purely for the purposes of equalizing surface water do not
have to be buried, but the culverts must be of adequate size and/or number to ensure unrestricted
transmission of water.
3.6.2 Bank -full flows (or less) shall be. accommodated through maintenance of the existing bank -
full channel cross sectional area. Additional culverts or culvertbarrels at such crossings shall be
allowed 'only -to receive bank -full flows.
,Reproach All
Roadway
Culvertburied
Banl;full belowstreambed
tpappmpriate
depth(ifrequi ed).
Bat
M/ Stream
Blockage Bottom
3.6.3 Where adjacent floodplain.is available,flows exceeding bank -full should be accommodated
by installing culverts at the'floodpl'ain elevation. Additional culverts or culvert barrels at such
crossings should not be buried, or if buried, must have sills at the inlets to ensure that they only
receive flows exceeding bank -full:
3.6.4.Excavation of existing stream channels shall be limited to the minimum necessary to
construct or installlhe proposed culvert. The final width of the impacted stream at the culvert
inlet and outlet should be no greater than the original stream width. A waiver from this condition
may requested in writing; this request must be specific as to the reason(s) for the request. The
waiver will be issued if the proposed design would result in less impacts to the aquatic
environment and/or if it can be demonstrated. that it is not practicable to restore the final width of
the impacted stream at the culvert inlet and outlet to the width of the original stream channel.
3.6.5 The width of the culvert shall be comparable to the width of the stream channel. If the
width of the culvert is wider. than the stream channel, the culvert shall include baffles, benches
and/or sills to maintain the width of the stream channel. A waiver from this condition may
requested in writing; this request must be specific as to the reason(s) for the request. The waiver
will be issued if it can be demonstrated that it is not practicable or necessary to include baffles,
benches or sills and the design would result in.less impacts to the aquatic environment.
3.7 Notification to NCDEQ Shellfish Sanitation Section
Permittees shall notify the NCDEQ Shellfish'Sanitation Section prior- to dredging in or removing
sediment from an area closed to shell fishing where the effluent may be released to an area open
for shellftshing or swimming in order to avoid contamination from the disposal area and cause a
temporary shellfish closure to be made.. Such notification shallalsobe provided to the
appropriate Cotes Regulatory Field Office. Any disposal of sand to the ocean beach should
occur between November I and April 30 when recreational usage is low. Only clean sand
31

should be used and no dredged sand from closedshell fishing areas may be used,. if beach
disposal were to occur at times other than stated above or if sand from aclosed shell' fishing area,
is to be used, a swimming advisory shall be posted, and a:press release shall be issuedbythe
permittee,
3.8 Submerged Aquatic Vegetation
Impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP, exceptNWP
48, unless EFH Consultafion,has been completed pursuantio the Magnuson,Stevens Fisheries
Conservation and Management Act (Magnuson -Stevens Act). Permittees shall submit a PCN
(See NWP General Condition 32) to (lie Dist ict.P.ngineer prior to commencing the activity if the
project would affect SAV. The permittee may not begin work until notified by the Corps that the
requirements of the Magnuson -Stevens Act have been,satisfied and that the activity is
authorized.
3.9 Sedimentation and Erosion Control Structures and Measures
All PCNs will identify and describe sedimentation and erosion control structures and measures
proposed for placement in waters of the United States. The structures and measures should be
depicted on maps, surveys or drawings • showing location and impacts to jurisdictional wetlands
and streams.
3.10 Restoration of Temporary Impacts to Stream Beds
Upon completion of work that involves temporary stream impacts, streambeds are to be restored
to pre -project elevations and widths using natural streambed material such that the impacted
stream reach mimics the adjacent.upstream and downstream reach. The impacted area shall be
b'ackfilled with natural streambed material to a depth of at least 12 inches or to the bottom depth
of the impacted area, if shallower than 12 inches. An engineered in -stream structure or material
can be used to provide protection of a buried structure if it provides benefits to the aquatic
environment and can beaccomplished by a natural streambed design. A permittee may request a
waiver of this condition if it is determined a buried structure needs significant physical protection
beyond those provided in this condition. This condition does, not apply to NWP 27 — Aquatic
Habitat Restoration, Enhancement, and Establishment Activities.
3.11 Restoration of Temporary Impacts to Stream'Banks
Upon completion of work involving temporary stream bank impacts, stream banks are to be
restored to pre -project grade and contours or beneficial grade and contours if the original bank
slope is steep and unstable. Natural durable materials, native seed mixes; and native plants and
shrubs are to be utilized !tithe restoration. Natural designs which use broengineeredandlor geo-
engineered methods are to be. applied. An engineered structure ormaterial can be used to provide
protection of a buried structure if it provides benefits to the stream bank environment, provided it
is not in excess of the minimum amount needed for protection and, does not exceed an average of
one cubic yard per runnhig.foot placed along the bank below the plane of the ordinary high water
mark. A permittee may request awaiver of this condition if it is determined a buried structure
32

needs significant physical protection beyond those provided in this condition. This condition
does not apply to NWP V — Aquatic Habitat Restoration, "Enhancement, and Establishment
.Activities.
3.12 Federal Navigation Channel Setbacks and Corps Easements
3.12.1 Authorized structures and fills located in or adjacent to Federally authorized waterways
will be constructed in accordance.with the latest setback criter'iaestablished by the Wilmington
District Engineer: You may review the setback policy at
.tittp://www.saw.usace.armv.mil/Missions/Navieation/Setbacks.asnx. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee: shall
submit a PCN (see General Condition 32) to the District Engineer prior to the construction of any
structures or fills within the Federally Authorized Channel Setback.
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: SAW Web-NAVRmusace.army.mil
3.13 Northern Long-eared Bat —Endangered Species Act Compliance
The Wilmington District, U.S. Army Corps of Engineers has consulted with the United States
Fish and Wildlife Service (USFWS) in regards to the threatened Northern long-eared bat
(NLEB) (Mybtis seotenfrionalis) and Standard Local Operating Procedures for, Endangered
Species (SLOPES) have been approved by the Corps and the'USFWS. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or
federally designated critical habitat,
A. Procedures when the Corps is the lead federal* agency for a project:
The permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include non-
federal aid North Carolina. Department of Transportation (NCDOT) projects, OR;
• the project is located in the 59 eastern counties of North Carolina, and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project
is not being funded by a federal entity, the, Corps will be the lead federal agency due to the
requirement to obtain Department.of the Army authorization to impact waters of the United
States, If the project is located onfederal land, contact the Corps to determine the lead
federal agency.
33

(1) A permittee using a N WP must check to see "if their project is located in the range of
the NLEB by using the followingwebsite:
http /Avtivw fivs gov/midwest/endangered/mammals7nleb/odf/WNSZone pd£ If the
project is within, the range of the NLEB, or if the project includes percussive activities
(e.g., blasting, pile driving, etc.), the permittee is then.reyuired to check the appropriate
website in the paragraph below to discover if their project:
is located in a 12-digit Hydrologic Unit Code=area ("red HUC'- shown as red areas
on the map), AND/OR;
involves percussive activities within 0.25 mile of red HOC.
Red HUC maps - for the western 41 counties in,NC (covered by the Asheville Ecological
Services Field Office), check the -project location against the electronic maps found at:
httpJ/www.fws.gov/asheville/htmis/proiect review/NLEB in WNC.htinl. For, the eastern
59 counties in NC (covered by the Raleigh'Ecological Services Field Office), check the
project location against the electronic maps found at:
https://www.fws:gov/raleiefi/NLEB RFO.html.
(2) A p'efmittee miist submit a PCN to'the;Distriet Engineer, and receive written
authorization from theDistrict Engineer, prior to commencing the activity, if the activity
will involve any of the following:
tree clearinglremoval, construction/installation of wind turbines in aired HUC,
AND/OR;
bridge removal or maintenance, unless the bridge has been inspected and there is
- no evidence of bat: use, (applies anywhere in the range of the NLEB), AND/OR:
percussive activities in a red HUC;, or within 0,25 mile of a red F1UC.
The permittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions;, if the permittee's review under A:(l) and A,(2) above shows that
the project is:
located outside of a red HUC (and there are no percussive activities), and the
activity will NOT:include bridge removal or maintenance, unless the bridge has
been inspected. and there is no evidence of bat use, OR;
located outside of a led HOC and there are percussive activities, but the percussive
activities will not occur within 0.25-mile:of aired fRJq boundary; and the activity
will NOT include bridge removal or maintenance, utiless the bridge has been
inspected and there is no evidence of bat use, OR;
34

located in a red HUC, but the activity will NOT includei tree clearing/removal;
construction/installation of wind turbines; bridge removal or.maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; any
percussive activities.
B. Procedures when the USACE is not the lead federal agency:
For projects where another federal agency is the lead federal agency- if that other federal agency
has completed 'project -specific ESA,Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB;, and (2)
completed coordination/consultation that is required by the USFWS (per the directions on the
respective USFWS office's website), that project may proceed without notification to either the
USACE or the USFWS, provided all General and Regional Permit Conditions are met.
The NLEB SLOPEScan viewed on the USACE website at the following World Wide Web
Page: http://uvvw.saw.usace.atmy.mil/Missions/Re ug latory-Permit-Program/Anenev-
Coordination/ESA/. Permittees who do not have internet access may contact the USACE at (910)
251- 4633.
3.14 Work on Eastern Band of Cherokee Indians Land
All PCNs submitted for activities in waters of the United States on Eastern Band of Cherokee
Indians (EBCI) trust land (i.e., Qualla Boundary and non-contiguous tracts of trust land); must
comply with the; requirements -of'the latest.MOU between the Wilmington District and the
Eastern Band of Cherokee' Indians.
4.0 Additional Regional Conditions for Specific Nationwide Permits
4.1 NWP #3 — Maintenance
4.1.1 In designated trout watersheds, a PCN is not required for impacts to a maximum of 75
linear feet (150 linear feet.for temporary dewatering) of streams and waterbodies when
conducting maintenance activities. Minor deviations in an existing structure's configuration,
temporary structures and temporary fills are authorized as part of the maintenance activity. In
designated trout watersheds, the permittee shall submit a PCN (see"Regional Condition 23 and,
General'Condition 32) to the District Engineer prior to commencing the activity if; 1) impacts
(other than temporary dewatering to work in dry conditions) to streams or waterbodies exceed
75 linear feet; 2) temporary impacts to streams or waterbodies associated with dewatering to
Work in dry conditions exceeds.150 linearfeet;:3) the project will involve impacts to wetlands; 4)
the project involves the replacement of a bridge or spanning structure with a culvert or non -
spanning structure in waters of the United States; or 5) the activity will be constructed during the
trout waters moratorium (October 15 through April 15).
4.1.2 The permittee shall submit a PCN. (see NWP General Condition 32) to the District
Engineer prior to commencing the activity if the activity involves repair, rehabilitation or
replacement of impounding structures or parts of impounding structures or fills.
35

.4.1.3 The permittee shall submit a:PCN to tile District,Engineer prior to commencing the activity
if the activity will involve the discharge of dredged or fill material into more than 1/10-acre of
wetlands or 150linear feet of stream channel for the construction.oftemporary access fills,and/or
temporary road crossings. The'PCN must include a restoration plan that thoroughly describes
how all temporary fills will be. how pre -project conditions will be restored, and include
a.timetable for all restoration activities.
36

Unfitted Sta tes.De pa ttmentt of the ffiat lrnor
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North.Carolina 27636-3726
G>< EDB LINES FOR AVOIDING IMPACTS TO TTIM' WEST MDIAN MANATEE
Trecautionarq Measures for Construction Activities in North Carolina Waters
The West Indian manatee (ZYichechus 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 e'tseq.) and.the Marine Mammal Protection Act of 1972, as amended (16 U.S.0 1461 at seq.). The
manatee is also listed as endangered unddr'the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The T7.$: 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, braeldsh, or marine waterhabitats, 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 blastingto 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.
Time 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 hann 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.

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).
S. 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 Brow June .throughOctober. 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 US.. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252428-8762), 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 Ahe action, the project manager will prepare a report which
summarizes all information on manatees encountered, and submit the reportto the Service's Raleigh Field
Office.
7. All vessels associated with the construction project will operate at "ho wakerdle' speeds at all times
while in water wherethedraft 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; (6) 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 eidt from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 2�6363726
919856-4520

Figure 1. The whole body of the Vest 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.
0
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark M. K. 1997. Endangered, Threatened,.and Bare 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.
3

Coastal Management
ENVIRONMENTAL QUALITY
April 26, 2018
TO: Tim Walton
Dept of Administration
State Property Office
ROY COOPER
Govemor
RECEIVED MICHAEL S. RE
Secretary
MAY 01 2018
DOA
STATE PROPERTY
OFFICE
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather coats()ncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
YI ,
Please indicate below your agency's position or viewpoint on the pr sed project and
return this form to Heather Coats at the address above by May , 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
RTY: This agency has no objection to the project as proposed.
A la **Additio mments may be attached**
his agency has no comment on the proposed project.
SIGNED
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.
DATED V
�CEIVED
Mqy 23 .
MM�w
State of North Carolina I EnvironmD�Qu ty�T�i�r pm,
127 Cardinal Drive Ext., Wilmington, NC 29405 1 r
910-796-7215
RECEIVED
DCM WILMINGTON, NC
w

Bodnar, Gregg
From:
Coburn, Chad
Sent:
Tuesday, May 29, 2018 11:03 AM
To:
Bodnar, Gregg
Subject:
RE: comment check in
Carolina Beach Boatyard and Marina is 2018-0540
Trotman is 2018-0610
Furr is 2018-0608
More to come.....
From: Bodnar, Gregg
Sent: Tuesday, May 29, 2018 10:35 AM
To: Coburn, Chad <[e-mail]>
Subject: comment check in
Morning Chad,
You might have already sent them in to Heather or DCM in Wilmington, if so please disregard, they should be making
their way up to Morehead City soon.
Carolina Beach Boatyard and Marina
Williams, Mary and Reynolds
Furr, Olin
Trotman, William
Thanks for everything,
Gregg
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 office
Gregg. Bodnar(o ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
-'i Nothing Compares..-.,

MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, —William
Troutman, New Hanover County
Date: June 4, 2018
This project is consistent and not in conflict with the 2016 New Hanover County
Comprehensive Land Use Plan Update.
The'applicant is proposing to construct a new bulkhead 2' waterward of an existing
bulkhead. The project is located at 121 Point Drive, adjacent to Pages Creek in New
Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are CW, ES, PTA
and EW. Waters at the project site are classified as SA and are open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The 2016 New Hanover
County Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
Cc: File

WOkApv�r
NO
Coastal Management
,ENVIRONMENTAL QUALITY
Received: 05/11/2018
State Historic Preservation Office
RECEIVED
JUN 5 2018
April26, 2018 MP SECTION MHD
TO: Renee Gledhill -Early
Dept. of Cultural Resources
Archives & History
ER 18-1112
Due -- 5/21/18
ROY COOPER
Gawmor
MICHAEL S. REGAN
s,mtaq
6RAXTON DAVIS
Doren.,
Y w
A-
S_25-Ig
--FROM;---- - -Heather Goats; Assistant-MajorPermits-CoordinatorLL
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats cDncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
vl
Please indicate below your agency's position or viewpoint on the pr sed project and
return this form to Heather Coats at the address above by May , 2018. if you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED ala DATED !o ' y' 18
Slaw of Nonit Caroliaa I Emimnmcmul Qaality I Coastal hWagcmcnt MAY 1 4 2019
127 Cardinal DnV4 EzL. Wilmington NC 28403
910-796.7215

b':b 2ECIIOH WHO
'ISM @ 504

Coastal Management
ENVIRONMENTAL QUALITY
April 26, 2018
TO:
David Harris
NC DOT
Roadside Environmental Unit
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretory
BRAXTON DAVIS
Director
RECEIVED
MAY 0 3 2018
NC DOT
DISTRICT 3
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats�ncderr�ov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
Please indicate below your agency's position or viewpoint on the pr sed protec t and
return this form to Heather Coats at the address above by May , 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED Z1 J 404lLC✓
DATED_DT
RECEIVED
/�//�� MAY 2 3 2018
State of North Carolina [ Environmental QiAyR{/,'1Y,.t �9` y
127 Cardinal Driw Ext., Wilmington, NC 28405-- y/7Y
910-796-7215
RECEIVED
DCM WILMINGTON, NC
MAY 16 2018

Coastal Management
'ENVIRONMENTAL QUALITY
April 26; 201.8
TO:
Maria Durfn
NC:Wildlife Resources,Commissioh
FoeWiR0
ROY COOPER
doyemor
MJQP,AEL S.. REGAIN
SeC-il-7
BRAXTON DAVIS
.mrxoar
ti
FROW Heather Coats,Assistant Major Permits 'Coordinator .,>,
NCDEQ - Division of Coastal Management SIM
1 , 27 Cardinal 'Wive Ext.,,,Wilm.-,.NC 28405 heath6r.'coats(5)ncdenr.qo
Fax�5 - 5-39IQ4, (Qoufierr0+16-3;)
SUBJECT: CAMA i Dredge & Fill Application Review
Applicant: William Trotman
Pr9j9ct Location: 121 Point Dr.,, adjacent to Pdges, Creek, in, Wilmington,,,New Hanover Co.
Proposed Project. tpvonstructa new bulkhead 2'wat6rwafd of an ig)(19iing bulkhead
yf
Please indicate below your agency' . s position or viewpoint ,on the r , sed project: and
r return this form to Heather Coats at the address above by May3;, 2018. If you have any
questions, regarding the proposed project, contact Courtney Spears At [phone] when appropriate
in-depth cpmmentqwith supporti.ng data is, requested.
,REPLY: This agency ' -has no objection to the projectas proposed.
**Additional comments May be attached'
This agency has no comment on the. proposed project.
This agency approves iof the project only if the recommended changes
,are, incorporated. See atta.ched�,
This agency objects to the project for reasons described in the attached
comments.
SIGNED. mun 1. DATED
RECEIVE®
MAY 1 7 2018
State of Nordt Carolina I Environmental;Quality I Coastal Mamagcmmn
127 Cmilirial Drive Ext., Wilmington, NC 28405 MP SECTION MHD
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
April 26, 2018
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
DoY, ,
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather coatsanncdenrpov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilmington, New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
Please indicate below your agency's position or viewpoint on the pr sed project and
return this form to Heather Coats at the address above by May , 2018. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
`*Additional comments may be attached""
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED
DATED JS" /- I
RECEIVED
MAY 0 7 2018
State of North Carolina I Environmental Quality' Coastal Management
127 Cardinal Dnve Ext, Wilmington, NC 28405 pCM-M H D CITY
910-796-7215

Coastal Managemenj
ENVIRONMENTAL OUAUTY
April 26, 21018
ROY COOPER
GovomroIr
MICHAEL S. REGAN
seem'-7
BRAXTON DAVIS
Director
TO: Curt Weydhert,
Fisheries, Resource, Specialist
MHC-DCM'-
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ -Division of Coastal Management
.127 Cardinal Drive., Ext.,-Wilm., NC 28406 heath&cbatsCo)ncdenrqo
Fix: 395-3964 (Cobdet,,6446-33)
'8UBJEQT: CAMA /Dredge & Fill Application Review
Applicant: pt
Project1ocation: 121,Point Dr.,, adjapentto Pages Creek, in Wilmington, New Hanover Co,
Proposed Project., to construct anew bulkhead 2'wateiwatid of an existing bulkhead
Please indicate below- your agency's position or viewpoint on the pc dled*p or ject'and
018.
2018
return this form to Heather Coats at the. address above. byMdJ_'_ V-,'2 - If you have, any
questions regarding the proposed project, contaci.Courrtney Spears—Q 0) 796-7423 When appropriate
in-depth comments with supporting dataisrequested.
REPLY: _7This ,:agency has n6,objection,t6 the project'als proposed:
"'Additional comments may, be attached*'*,
This•agericy has no comment on the proposed project.
This agency approves of the pro"ectonly 'if the'recommendecl changes
are incorporate& See, attached,.
This agency objects16 the project for reasons-dpscribed inthe, attached
comments:
SIGNED "YtMa
V V�
RECEIVED
MAY' 8 2018
DATED � L16
11me of North Carolina I Environmental Qrmlity I Coastal Management
MP SECTION MHD 127 Cardinal Drive Ext.,*Wittinngton. NC.2,8465
916,7964215,
gECEIVED
.MAY 01 Zola
I)CM-Wo CITY

i
DocuSign Envelope ID: 3C87DOD9-2A70-3700A3FD-0DA68OC15DO8
� R
M
Coastal Management
ENVIRONMENTAL QUALITY
April 26, 2018
TO: Chad Coburn
401 Wetlands
DWR - WIRO
RECEIVE®
JUN 1 1 2018
MP SECTION MH®
ROY COOPER
Governor
MIC14AEL S. REGAN
secmraq
BRAXTON DAVIS
Dune,.,
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsna-ncdenr.gov
Fax: [phone] (Courier r 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: William Trotman
Project Location: 121 Point Dr., adjacent to Pages Creek, in Wilm., New Hanover Co.
Proposed Project: to construct anew bulkhead 2' waterward of an existing bulkhead
Please indicate below your agency's position or viewpoint on the proposed project and return his
form to Heather Coats at the address above by May 21, 2016. If you have any questions regarding
the proposed project, contact Courtney Spears at [phone] when appropriate in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Docuftned by: ,'.. •
C S 64 06/08/2018
SIGNED E3A9"'°Ac7DW33... DATED
State ofNoith Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive ExL, Wilmington, NC 28405 919 7967215

DocAign EnvelopeSD: OA2A28E5-87704285-8E7A-E3F473072A22
Water Resources
Environmental Quality
Mr. William H. Trotman
121 Point Drive
Wilmington, NC 28411
Subject Property:
121 Point Drive
June 8, 2018
RECEIVED
JUN 1 1 2018 ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
MP SECTION MHDNDACULPEPPER
Interim Director
New Hanover County
DWR Project: 2018-0610
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Trotman,
You have our approval, in accordance with the attached conditions and those listed below, to
impact approximately 0.003 acres (128 square feet) of 404 wetlands to construct a new bulkhead
as described in your application received by the N.C. Division of Water Resources (DWR) on May
2, 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:
http://Portal.ncdenr.org/web/wq/smT/ws/40 I/certsandpermits.
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 211.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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 (I5A NCAC 02H .0501 and .0502).
"Nothing Cornpares"
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

DocuSign Envelope ID: OA2A28E6-87704285-8E7A-E3F473072A22
121 Point Drive-Trotman
New Hanover County
2018-0610
Page 2 of 4
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 021-1.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
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
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not 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)]
RECEIVED
JUN 1 1 2018
MP SECTION II HD

D61ouiijrn EnvelopoID: OA2A28E6-8770-4285-BE7A-E3F473072A22
121 Point Drive-Trotman
New Hanover County
2018-0610
Page 3 of 4
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 [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 021-1.0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. 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)].
9. 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).
10. 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: .
http://portal.nedenr.ore/web/wq/swp/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 fmal and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
hLp://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed
with the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays). RECEIVED
JUN 1 1- 2010

DocuSign Envelope ID: OA2A28E5-8770-4285-8E7A-E3F473072A22
121 Point Drive-Trotman
New Hanover County
2018-0610
Page 4 of 4
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
Ifsending 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 [phone] or Chad.CoburnAncdenr.gov.
Sincerely,
DocuBIBneC by:
Ste, 6"
E3ABA14AC70C434...
Morella Sanchez -King, Assistant Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4144
cc: Trip Pippin — Pippin Marine Construction, Inc. (via email)
Liz Hair - USACE Wilmington Regulatory Field Office (via email)
Courtney Spears — DCM Wilmington (via email)
WiRO/LF

Permit Class
NEW
Permit Number
61-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vrrmft
for
X Major Development in an Area of Environmental Concern
. pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to William Trotman. 121 Point Drive. Wilmington. NC 28411
Authorizing development in New Hanover County at adj. to Pages Creek, at 121 Point Drive, in
Wilmington as requested in the permittee's application dated 4/1/18, including
attached workplan drawings (2), both dated 4/1/18.
This permit, issued on June 22, 2018 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.
Shoreline Stabilization - Bulkhead
1) The bulkhead shall not extend waterward more than 2 feet from the existing bulkhead at any point
along its alignment at the time of construction.
2) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved
bulkhead alignment.
3) The alignment of the authorized bulkhead shall be staked by the petmittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other 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 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.
Braxton 015avis, Director
on of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Trg41nan
ADDITIONAL CONDITIONS
11 The bulkhead shall be constructed prior to any backfilling activities.
Permit No. 61-18
Page 2 of 3
The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
The fill material shall be clean and free of any pollutants except in trace quantities.
backfill material shall be obtained from a high ground source and confined behind the permitted
No backfill material is to be placed within 30 feet of the normal high water line, except that which will
be used to backfill the area behind the permitted bulkhead.
ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
sding on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
tdward of the bulkhead cap immediately following completion of backfilling activities.
USACE Conditions
n order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
mplement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
[he guidelines can be found at http://www.fws.gov/nc-es/MammaVmanatee_guidelines.pdf.
General
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.
,.,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.
The permittee and/or his or her contractor shall meet with a representative of the Division prior to
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit 3
(Action ID SAW-2018-00906), issued 5/18/18.
E: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0610, issued 6/8/18.

William Trotman
'I-,. . 0
ADDITIONAL CONDITIONS
Permit No. 61-18
Page 3 of 3
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 water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

OCN NP4
APPLICATION for
:dolor Development Permit
(fast revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
MI
Last Name
h.
ro mar+
Applicant 2: First Name
Ml
Last Name
#additional applicants, please attach an additional Page(s) with names listed.
Mailing Address
f ,ire
PO Box
city
ldlmm ion
State
ti,C,
ZIP Q // Country Phone
p�N// (/ � � 7 U
No. pJ p FAX No.
-4Ob SZSIJ ext. - -
Street Address (Adifferent from above)
City State ZIP
Email
e6r N
2. AgenNContractor Information
Business Nam _
ha
Lt 6
14
s o�
Agent/ Contractor 1: First Name
MI
LastName
Agent/ Contractor 2: First Neine
MI
Last Avire
Melling Address
PO Box
City
wf A�,,.t
Q�
State
A e.
112- 9t
I
ZIP
Phone No. 1
Phone
o. 2
ext.
-
- ext.
FAX No.
Contractor#
v/!
Street Address id different from above)
City
State
ZIP
,;257/
Email
/y
Orr'RECEIVED�encnfcn
<Form continues on bac MAY 01 2018
APR 0 6 2018
252-608-2808 .. 1 8bv- s: a -:: .. www.ncCOas1( ILMINGTON,NC

Form DCM MP,-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can e) _. -. —
Street Address
State Rd. #
��tdpl
AIM ver
21
Subdivision Name
City
State
Zip
Phone No.
Lot No. s) fdmany, attach additional page with list)
9/6 -JX -S20 ed.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
�k s
a Ids. the water b identified in (b) above, natural or manmade?
d. Name the closest jor water body to the proposed project site.
puNatural ❑Manmade ❑Unimown
G�
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
L��lll
❑Yes �IN a
work falls within.
A Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.tL)
It
33 ? 3'+" 179A
am
n. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL)(normal water level)
"/
/ I
(Nmany lot sizes, plea a attach additional page with a list)
S NHW or ❑NWL
a. vegetation an tract
n
Z� �S`'�eCK
L
f. Man-made features and uses now on tract
2esr��c�tc�
g. Identify and describetheexisting land uses adiscent to the proposed project site.
C
h. How does local government zone the tract!
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning nce certifip[e, if applicable)
iJ�`•/ (
❑Yes ❑No NA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes AND
k. Hasa professional archaeological assessment been time for the tract? If yes, attach a copy. ❑Yes o ❑NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does It involve a by"o ❑NA
National Register listed or eligible property?
. .ter.
KtGtIVr-u RECEIVED
<Form continues on next page>
MAY 01 2018 APR 0 6 2018
•,•••• niFijB�^ITY
r
4-$66^4RCOAST .. www.neconstalmonagement.net

Form DCM MP,-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. Q) Are there wetlands on the site? []Yes
(,i) Are there coastal wetlands on the site? Ales ,t❑.,,N'o
(tot) a yes to either (i) or (it) above, has a delineation been conducted? []YesInto
(Attach documentation, if available) (`
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
p. Describe existing star water management
5. Activities and Impacts
a. Will the project be for commercial, public, vate use? ❑Commercial ❑PubliclGovemment
❑PrivatelCommunity
b. Give a brief descriprim err p1uPa5A, USA and daily oper0hons of the Przyecl when complete.
a 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.
d. List all development activities you propose.
/Uecv bUmAt a
a. Are the activities mairitAnancaofanawsWV b ?
t What is the approximate total disturbed land area resulting from the proposed project? Sq.Ft or ❑Arxes
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes o ❑NA
that the public has established use of? er
h. Describe location and type of existing and proposed discharges to waters of the state.
/6, /)
I. Will wastewater or stormwater be discharged Into a wetland? ❑Yes Vo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j. Is there any mitigation proposed? OYes o ❑NA
If yes, attach a mitigation proposal.
<Form continues an bates APR 0 6 2018
MAY 012018
152-$U8-2$iJ fi .. `i-u Bt1.4 iZCOAST .. dr�}/iI!'NN tM6 ?t9111han a9 einr'en{: ne r C

.. -: (,Faye 4 of 4)
APPLICATION for
-•• •• ::�.,ainoment Permit
6. AdditionalInfo►rr.2ri^^
1 In addition to this completed application form. (MP-11 the following items below. ifannlcable. must be submltted:m--
I oackaoe to be comolele. Items tai— (B ere ahvays apdicable to anv maiar development applcation. Pleasa consuif &— ---"----
urct^tuvan
a. A proles narrative.
An accurate. dated work olat fardudino den view and crass -sectional drawinos) drawn to scale. Please aive the present status of the
F�w�dr cx :^s, tsastasot 13•:.as}atroe;� .r�n�wro�q�auhsrs:a^NIS&,, Nee„asst:a+L�a.rwps, ants, 6% nungstodistinguish
between work completed and proposed.
c, A site or location map that is sufficiently detailed to auide agency personnel unfamiliar with the area to the Alto
a. A copy of me aeeo twmh stave appumtmn amyl or Omer tnsaumem under wmcn me appacam aaans due m me anectea properties.
-. appropriate appliraden fee. Cheat or matey order made payable to DENR.
^°^•� e•� ��m^< end complete addresses of the adjacent waterfront fripadan) landowners and sinned returnreceipts 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 / Qt Lt AsA a et 9 ) / ,�•�� Phone Na.
Address / L— f /�,,.r I%'� k/L �/-' �'l C-• '2-er
Name �J Phone No.
Address
Name rk e e Ot/f N'I'n4 Phone No.
Address l�zQ� 5T llLnkf LJii[�/ �O T�8
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 form, if applicable.
1. Wetland delineation, if necessary-
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
IL A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A 1-14 if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance Witt the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
1 understand that any permit issued in response to this application wilt 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 ce at the information provided in this application is truthful to the best of my knowledge.
Date Print Name
Signature
Please indicate application attachments pertaining to your proposed project.
XCM MP-2 Excavation and Fill Information ❑DCM MPS Bridges and Culverts
❑DCM MP-3 Upland Development RECEIVED
❑DCM MP4 Structures Information RECEIVED
MAY 012018 APR 0 6 2018
nw-AAwn 6;'^' n!+t,� ut���ru1 INGTO
262.80a-b"a0a :: 1-aIIa-4RCOAST :: www.nccoastalmanag P)PK :11'�t

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
el
Channel
Cne
Chan(KLW
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
or
stabilization
NWL
Length
Width
Avg. Existing
NA
NA
Depth
Final Project
NA
NA
Depth
It. EXCAVATION �IThis 'section not applicable
a- Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. {k
cubic yards.
c. (i) Does the area to be excavated include coastal wetlandstmarsh
it. High -ground excavation in cubic yards-
(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:
Z.DISPOSAL OF EXCAVATED MATERIAL
TftiS section not applicable
a. Location of disposal area.
b. Dimensions of disposal area.
it. (i) Will a disposal area be available for future maintenance?
c. (i) Do you claim title to disposal area?
❑Yes []No DNA
[]Yes []NO []NA
(ii) If no, attach a letter granting permission from the owner.
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlandsimarsh
(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 disposal in these areas:
f. (i) Does the disposal include any area in the water?
[]Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
RECEIVED RECEIVED
MAY 01 2018 APR 0 6 2018
DCM-MHD CITY
DCM WILMINGTON, NC
52,-800-2Gt'p8 :: '!-8t?S-4RCOAST -- www.nccoastalmanaaementrret revised: 12-2E; G5

Form OGM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ❑This section not applicable
(if development is a wood groin, use MP-4— Structures/
a. TYPe of shoreline stabilization: b. Length:
. P
Bulkhead ❑Riprap ❑Breakwater/Sill LlVmer
C. Average distance waterward of NHW or NWL:
ep
Width: Of
d. Maximum distance waterward of NHW or NWL:
e. Type of stabilize n material: f_ (i) Has there been shoreline erosion during preceding 12
months?
ILA� XYes []No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
j P!
g. Number of square feet of fill to be placed below water level.
Bulkhead backfif( � Riprap
Breakwater/Sill Other
i. Source of fill material.
546 6nfEYtrt P /nffl/Q G
h. Type of fill matlTedal.
4. OTHER'EILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) WAI fill material be brought to the site? Xyes UN, ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
auhmemed anuatic veaetation (SAV), shell bottom (SB), or
If yes, other wetlands (W L)? If any boxes are checked, provide me
(n) Amount of material to be pl�acIed in the water number of square feet affected.
(III) Dimensions of fill area ,yL'�' 109 i XCW ± 1b* ❑SAV _ ❑SB
(iv) Purpose of fill ❑WL _ ❑None
Ztk ' �
(ii) D The purpose of the IV] in these areas:
s �� n
5 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., draglme
controlled? backhoe, or hydraulic dredge)?
:a &'rie �r►�hi exEet � �
,,
C. (i) Will na, ayonal aids be required as a result of the project?
Oyes Ppo ❑NA
(ii) if yes, explain what type and how they will be implemented.
d. (I) Will wetlands by classed in transporting equipment to project
site? []Yes o ❑NA
(ii) If yes, explain st s that will be taken to avoid or minimize
environmental impacts. RECEIVE
DCM-MHD CITY
Date .I' Applicant Name RECEIVED
14
Project Name Applicant Signature APR 0 6 2018
�DCM WILMINGTON, NC
252-808.2808 : 9-$83-4RCOAST :: wWw rtccoastaimanaaement.aet
revised; 112126f66

ueriyl ui , Z^
(ma's ri )s?4 piv
jb�svoa si �►?�yM
y � q sr wintry
llIlat; \,/11/17 t!-,� -v
'VQ
MY
�. (w(vSvlWf��
w,7 off
.J

a
�
a
h

Coastal Management
ENVIRONMENTAL QUALITY
William Trotman
121 Point Drive
Wilmington, NC 28411
Dear Mr. Trotman:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
June 22, 2018 °'"et0 �r�)
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
sincerely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: William Trotman
2. LOCATION OF PROJECT SITE: 121 Point Drive, adjacent to Pages Creek, near Wilmington,
New Hanover County
Photo Index — 2006: 22-7428
3. INVESTIGATION TYPE: CAMA and D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/212017, 4/20/18
Was Applicant Present — Yes
5. PROCESSING PROCEDURE: Application Received — 4/6/18 (initial) 4/23/18 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Wilmington- New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: CW, ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Individual septic tank system
Planned - None
(F) Type of Structures: Existing — Residence and docking facility
Planned — New bulkhead
(G) Estimated Annual Rate of Erosion: approx. <1 foot/yr. Source - applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal)
128 ftz
(B) Non -Vegetated Wetlands (Open water)
(C) Other (Highground disturbance)
2,000 ftz
(D) Total Area Disturbed: 2,128 ftz (<0.01 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead 2' waterward of
an existing bulkhead.
RECEIVED
MAY 01 2018
DCM-MHD CITY

William Trotman
Page 2 ,
9. PROJECT DESCRIPTION
The project site is located at 121 Point Drive, adjacent to Pages Creek, near Wilmington, New Hanover
County. To locate the project site from the Wilmington Regional Office, head northwest on Cardinal Drive and
turn right onto US Hwy 17/Market Street. Travel 3.4 miles and turn right onto Bayshore Drive. Travel 0.8 miles,
turn left to stay on Bayshore Drive, and travel an additional 1.2 miles. Turn right onto Point Drive and the
property of interest will be at the terminus of a gravel road that extends from the end of Point Drive.
The applicant maintains a single-family residence on the property, which includes an existing uncovered
platform, floating dock and boatlift along the waterfront. The lot is approximately 0.78 acres and averages 5'
above normal high water. The approximately 250' of shoreline is stabilized by vegetation, except the
easternmost approximately 86' which is stabilized by a failing wooden bulkhead. The upland vegetation
consists of maintained lawn grass and ornamental landscaping. There is a fringe of Coastal Wetlands primarily
consisting of Smooth Cordgrass (Spartina alterniflora) and Black Needlerush (Juncus roemerianus) that varies
in width from 15' to 50'. The existing docking facility originates from the center of the lot and extends in a
southwesterly direction into Pages Creek. The facility consists of a 122' by 6' fixed pier, a 17' by 17' fixed "L-
head" uncovered platform, and a 20' by 8' floating dock that runs parallel to the channel. The existing docking
facility currently accommodates up to two (2) vessels.
The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation. There are no known
archaeological sites located within the immediate vicinity of the proposed project. The waters of Pages Creek
are classified as SA, by the NC Division of Water Resources. The waters adjacent to the project area ARE
designated as Primary Nursery Area (PNA) by the NC Division of Marine Fisheries, and they are CLOSED for
the harvesting of shellfish.
10. PROPOSED PROJECT
The applicant proposes to construct a new bulkhead 2' waterward of an existing bulkhead. The application
states that a new approximately 1 00'wooden bulkhead would be installed along the southeastern shoreline
immediately waterward of an existing failing wooden bulkhead. The new wall would average approximately 15'
landward of Normal Low Water (NLW), and just landward of Normal High Water (NHW). The wall would be
approximately 5' in height to match the existing elevation of the lot and would be backfilled using clean fill
material. The application states that there are approximately 20 ftz of Coastal Wetlands along the existing wall
that would be filled during the construction of the new wall (see Sheet 1 of 2), however during a site visit
conducted 4/20/18, it appears there are Coastal Wetlands along approximately 64' of the existing wall which
would result in the fill of approximately 128 ftz of Coastal Wetlands.
11. ANTICIPATED IMPACTS
The proposed new bulkhead would fill approximately 128 ftz of Coastal Wetlands consisting primarily of Smooth
Cordgrass (Spartina alterniflora). The bulkhead would disturb approximately 2,000 ftz of highground for the
associated backfill and tie -back anchor system. Minor increases in turbidity should be expected during
construction.
RECEIVED
Submitted by: Courtney Spears Date: April 23, 2018 Office: Wilmington
MAY 01 2018
DCM-MHD CITY

P.O. Box 11291
Wilmington, NC 28404
w .pippinmarinexom
April 4, 2018
NCDEQ
127 N. Cardinal Drive
Wilmington, NC 28405
Office/Fax: [phone]
Mobile: [phone]
[e-mail]
The enclosed CAMA major permit application for William Trotman, 121 Point Drive, Wilmington, NC
28411 is to have a bulkhead installed along approx. 95' of shoreline. There is an area of coastal wetlands
(+1- 20 s.f.) that has grown in the washed out area that will need to be covered with fill once the wall is
installed. This area used to be part of the Trotman's yard before storm erosion washed it away. Silt
fencing will be installed to minimize any impacts to the coastal marsh.
Trip Pippin
Pippin Marine Construction, LLC
RECEIVED
APR 0 6 2018
RECEIVED DCM WILMINGTON, NC
MAY 012018
DCM-MHD CITY
Piers • Pilings • Boat Lifts • Bulkheads • Floating Docks • Residential & Commercial Marine Construction Since 1984

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date �y YZ
Name of Property Owner Applying for Permit:
LrJiLL/¢10 /✓6<r T1<+M4"_1 �J/c1 j1_U.�Ff,1f %hP%! r4/J
Mailing Address:
I certify that I have authorized (agent) IR/ to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) F U[%,C/t q /) f £/,//,, Cz: AE ✓T
at (my property located at) / ;2,/ Ix-;Z• :— ,);` LL;'%L/,S n_E; so p✓ ,/l/ c_
This certification is valid thru (date) Z. 1) .3///9
Property Owner Signature
RECEIVED
MAY 012018
DCM-MHD CITY
.% e
Date
RECEIVED
APR 16 618
DCM WILMINGTON, NC

Ln
DomesticLn
S
.a
Wi q-
I A L
Ir
CertiRaO Mall Fee $3.45
0443
,a
$
v 08
9
Extra$enices Fees fceeckaaK a
rU
0
laRen.n ReceiI woN
a
)
O
Ra Wpt (electrcnk)
a to _ 00
POStraark
p
❑C fiw Mall Rennctee oe y
S��/V�IjO�(y��
Here
O
❑Muh SlgnaWre RpulrtJ
aJp_
V VV
E]MuS Slgne .Rwtrdw DWKM
a
Q
m
e $1.42
r
,a
$
04/05/2018
Total Po.ra9e and
�
s f7 62
a
Sent o
�e
M1Sfreei
enifAp[ lla.,i
__ _______
_ _ _ _.....________________
on C "09
Postal
CERTIFIED MAILO RECEIPT
rru
Domestic Mail Only
-n
Q--Lf
I A L
o
Gen ea Mail Fee $3,45
044
-a
$
08
ra
9
rvices& Fees knedaac tle/asa
�letum ReceiPt MaNcoPf1 S—M--nR—
a •V V1!
C3
ER—Rw6 lelec�mnk)
0c DN1 a a -"
\P09II11BR!
m
Q
❑certlfiad Mail Rea,
0multSgnatu RequhaG s an_nn�
_
1 t� ;I
QPAua S'g"U. Re dw owl y a
o
Postage $1.42
M1
$
04/05/2018
�
Tofal Postage and FAN bn
•� t
s
Senf To''^ I vpa�
-------------
in
a
U
Q

Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Southeastern Coastal Construction
c% Stephen Conway
6252 Towles Road
Wilmington, NC 28409

r
■ 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 mallplece,
or on the front if space permits, 1
1. Article Addressed to: - D. IS deny
6-ID�C„f�,el if YES.
FWiJ�l�1_A��-1 �J�' SL\
SurSe+ C'a� log
❑ Agent
delivery address below ❑ No
eResskcad
0 Priority Mar ap�*
IIIIIIIIIIIIIIIIIIIIIIIIII
III
III
IIIIIIIIIIIII
o AtluRSBnawrece
0Regg Mall
Deri"ry
rd Reatrkted
9590 9402 2145 6193 4399 66
D Certified Mail®
❑ CgVikrl Mall Reesbted Dermuy
De ivery
❑ RMum Receipt for
O COW on Delivery
Meresmitllae
2 Artlele Number. Mws
nm"I Restrict D "l
w OSignerure ConHrmallone•
7015 1730 0002 1609 6'41-4' ''35DeaiReaid Dellvery.':,'..`A
4neev i ry °°
kw
.. I q
Ps Form 3811, July 2015 PSN 7630-02 000-OM
Domestic Return Receipt
RECEIVED
MAY 01 2018
DCM-MHD CITY
RECEIVED
APR'162018
DCM WILMINGTON, NC

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner:
i -ifAo i
Address of Property: 12-/ ✓gyp/A/r 194- ;• Ale- ;i�y4l It
(Lot or Street #, Street or Road, City & County)
Agent's Name #: Mailing Address: ffC ���q�
Agent's phone 7� �D3'f LGl�ls� lr�G� �7
Oft p-rhlAI/
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing_the development
they are proposing. A descrintion or drawing, with dimensions, must be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at hffp://www.nccoastalmanagementnet/web/cm/staff-listing or by calling 1-888-4RCOAST.
No response is considered the same as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if
you wish to waive the setback, you must initial the appropriate blank below.)
AI do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Property Own rInformation)
Signature r'
/,I 7Rr,
Print or Type Name
Mailing Address
C8y/Stata0p
Telephone Number / Email Address
�'/z Y iig
Owner Information)
or
t**?- -6AY Sr
Mai ing Address
`J�.t�S�T��h� � ,•fie. Z84�%
City/StateMp
LQ10�3$�-q1'x� �ncRV�We�a�e
Telephone Number/Email Address
A 111 I ZoI6 RECEIVED
FWCEIVE (Revij14y-.,29141
MAY 01 2018
DCM-MHD CITY
DCM WILMINGTON, NC

Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired. X
Print your name and address on the reverse
so that we can return the card to you. D
1 Attach this card to the back of the mallpiece,
or on the front if space permits.
Article Addressed to:
Gc,,-14m k, jULlnre
117 Pof,-1 J)r-
W r /Y✓i//vC�1'I� /J�
Q a�N�l
❑ Agent
C. Date of Delivery
D. Is delivery address different from ftem 1? ❑ Yes
If YES, enter delivery address below: ❑ No
III II III IIIIII IIII IIIII II IIIIII I'llll l'I'I[ \
3. Ice Type -
Cedtged Mall° ❑ Priority Mall Express" '--
❑ Registered ❑ Return Recelpt for Merchandise
❑ Insured Mail ❑ Collect on Delivery
4. Restricted Delivery? (Extra Fee) ❑ Yes
Aran fer froNumber 7015 1730 0002 1609 6455
(Transferm senAcs
IS Form 3811, July 2013 Domestic Return Recelpt
c
RECEIVED
MAY 01 2018
DCM-MHD CITY
RECEIVED
APR 232018
DCM WILMINGTON, NC

Add a tracking number
0 70151730000216096455
Delivered:
WILMINGTON, NC 28411 on
April 12, 2018 at 3:09 pm
g2
M
0 UPDATED 5/4/2818 2:28 PM

H
� i9tiS 09'18
• .a AND YE0IFIED
.._...1, iir sut OOTS ]P
Mail after recording to: Mr. and Mrs. William Holt Tro man, 121 Point I&We D" gF18P&EDS M`
NC 28405 aNEnW HHANOVEA Cd. NC
This instrument was prepared by: Billy H Mason, Attorney at Law. P.dN124 PPI 2 n
Wilmington, NC 28402
Brief desenplion for the Index: .78 acre Donald B. Koonce Tract
Parcel No: R03717-003 005-003
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER GENERAL WARRANTY DEED
THIS DEED made an entered into this eQDkh day of October, 1995 by and between DAVID
W. WILSON and wife, DOLORES W. WHSON, hereinafter GRANTOR, and WILLIAM
HOLT TROTMAN and wife, JUL IL TROTMAN, hereafter GRANTEE. The designation
Grantor and Gram" as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by
context.
;Noo=4 WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all that certain kx or parcel of land situated in New Hanover County,
North Carolina and more particularly described as follows:
Beginning at a point on the Western side of a turning circle at the Southern
end of Point Drive, said circle loving a radius of 50.0 feet, said point being
Sarah 3 degrees 40 112 minutes West 46.47 feet from a point where said line
of said circle intersects the western line of Point Drive as extended
Soahwardly, mid imersection point being South 23 degrees 58 minutes East
along the Western line of Point Drive 58.80 fed from the Southeastem comer
of Lot 192 as shown on the reap of Bayshore Estates, Section 5, dated July,
1965. recorded in Map Book 9, at Page 14 of the New Hanover County
Registry; owning thence from mid beginning point Southeasrwardly along the
line of said turning circle to a point that is South 51 degrees 00 1/2 minutes
Fast 41.93 feet from the preceding point; thence South 14 degrees 12 minutes
West 240.55 feet to an iron pipe at or near the high water fine of Bridgers
(reek thence South 14 degrees 12 minutes Wes to the center of the channel
of Bridgers Cteek Canal; thence Nonhwestwardly along the center of mid
chamtel 10 a point that bears South 63 degrees 47 minttes West from said
beginning point; thence Noah 63 degrees 47 minutes East to an iron pipe at or
MIT mid high water lime; thence Noah 63 degrees 47 minutes East 210.0 feet
to the point of beginning; merit containing 0.78 acre, more or less, and being a
portion of the Datald B. Koonce Iran as shown on the aForemenlioned map -
Together with a rightof-way or casement for ingress and egress over and
across the extension of Point Drive to serve the above described tract.
Subject to a right-of-way or casement 100 fed in width centered on the
channel of Bridgers Creek Canal to be used for the maintenance of mid canal. RECEIVED
Subject also to remuklieos Jim Bayshore Estates, Section 5, recorded in Book
774. at Page 699 of the New Hanover County Registry, provided that no MAY 01 2018
residence shall be corestnwW of located on the above described plopeny
smaller than 1650 square feet of floor space on the main Floor, exclusive of
porches, steps, walks, breezeway, carports, garages, etc. DCM—MHD CITY
RECEIVED
394624 APR 0 6 2018

�•rE
;94c 0979
The property hereinabove described was acquired by in stmmcnt recorded in Book 1175, at
page 1392 in the New Hanover County Registry,
TO HAVE AND TO HOLD the aforesaid Im or parcel of land and all privileges and
appwtenw s themo belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee
simple, has the right 10 convey the same in fce simpk, that title is marketable and fiee and
clear of all encutnbancm and that Crantm will warrant and defend the title against the
lawful claims of all pemits whonrmever except:
1. All restrictive covenants of record;
2. Ad valorem taxes for the year 1995. not yet due and payable;
3. All utility easements, permits and rights of way of record;
3_ All inning, land use and planning ndm regulations, ordinances and gatutm
IN WITNESS WHEREOF, the Gramm have hereunto set then lards and orals all the day
and year fast above wrinen.
J�t''Lc-{SEAL)
DAM W. WU-i
(SEAL)
DOL40RES W. WIISON
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVE.R
I. Cat..... 5- 14.1 _. Notary Public of the County and Sate aforesaid,
OW4 that DAVIO W. WIISON and wife, DOLORES W. WILSON, personally came before
me this day and acknowledged the due execution of the foregoing instrument.
W-itrim my hand and official seal tltisGA'Jp day of October. 1995_
(20n.. , v0 . O
NOTARY PUBLIC
7 5•-,
My Commission Expires:
STATE Of NORTH CAiOLINA
Ne.. ffano9er Comely
1a[ I gVl,y�/ Asr�a (gyniplKriyr M1P')1-95
01V ,Y„pVrP (P
91
ea.,.zv+m.twnaari.i..Pvaar ;600.80
eR aewti p�-
t11A1.' fR�S{_ty-7A �� T67c
Atli
RECEIVED
RECEIVED
MAY 01 2018 APR 0 6 2018
DCM-MHD CITY
DCM WILMINGTON, NC

Coastal Management
ENVIRONMENTAL QUALITY
April 26, 2018
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice Combo in New Hanover County:
• Olin Furr
• William Trotman
Hello Angie: Please publish the attached Notice in the Monday, April 30, 2018 issue.
ROY COOPER
Govemor
MICHAEL. S. REGAN
Secretary
BRAXTON DAVIS
Director
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.
cc:
Heather Coats - WiRO
Doug Huggett - MHC
Liz Hair - USACE
Sarah Young- DCM
Sincerely,
' Shaun
Permitting Support & Customer Assistance
(RECEIVED
MAY 01 2018
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-M H D CITY
910-7%-7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following applications were submitted for development permits
in New Hanover County Areas of Environmental Concern as designated under the CAMA:
On April 19, 2018, Olin Furr proposed to reconfigure and expand an existing docking
facility at 440 Oceana Way, adjacent to Myrtle Grove Sound, in Carolina Beach; and on April
23, 2018, William Trotman proposed to construct a bulkhead at 121 Point Dr., adjacent to
Pages Creek in Wilmington. Copies of these applications can be examined or copied at the
office of Courtney Spears, N.C. Dept. of Environmental Quality, Division of Coastal
Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) 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 May 21, 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
MAY 01 2018
Stele of North Carolina I Environmental Quality I Coastal Management M I"I D CITY
127 CerNnal Dnve Ext., Wilmington, NC 28405 DCM-
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
April 23, 2018
Pippin Marine Construction, LLC
c/o Trip Pippin
PO Box 11291
Wilmington, NC 28404
Dear Mr. Pippin:
ROY COOPER
Gowmor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for William
Trotman, for State approval for development of the subject property located at 121 Point Drive, adjacent to Pages
Creek, near Wilmington, New Hanover County. It was received as complete on April 23, 2018 and appears to be
adequate for processing at this time. The projected deadline for making a decision is July 7, 2018. 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 April 23, 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-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can 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 onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Si jftnrtative�
Courtney
Fie
cc: Heather Coats, DCM
MHC Files
Christine Bouffard, LPO
Tyler Crumbley, COE
Chad Coburn, DWR
William Trotman, Applicant
RECEIVED
MAY 01 2018
DCM-MHD CITY
State of North CmItm I Enwroomental Quality I Coastal Management
127 Cardinal Driw Ext., Wilmington, NC 29405
910-796-7215

N0T1(0'$17j
W a�
LAMA PERM11
"�
APPLIED FOR
To construct a new bulkhead 2'
wa
Dr.
Ne
11
COMMENTS ACCEPTED THROUGH _ 21, 2018--
APPLICANT:
William H. Trotman
121 Point Drive
Wilmington, NC 28411
Agent: Trip Pippin [phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�1 NC Div. of Coastal Management
127 Cardinal Dr ExtPncipn
Wilmington, NC 28405
Courtney Spears, Held Rem c n a ivP
910-796-7423

NC Division of Coastal Management AEC: Pages Creek
Fee: $250 #4675 ✓
Major Permit Application Computer Sheet CDAITS _ MHC cc _
Applicant: William H. Trotman
Agent/Contractor: Tripp Pippin
Project Site County: New Hanover
Staff: Courtney Spears
District: Wilmington
Project Name: Troman Bulkhead
Rover File: r✓a
River Basin: Cape Fear
Initial date of application submittal: 4-6-18
Date application "received as complete" in the Field office:
Permit Authorization: CAMA Dredge & Fill oth
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Fes No PNA: Yes NO
Photos Taken: Yes No❑
Setback Required (riparian): Yes No
Critical Habitat —MY —es LjNo Not Sure
15 foot waiver obtained: ❑Yes No
Hazard Notification Retumed:
❑Yes XNo
SAV: ❑Yes No ❑Not Sure
Shell Bottom: Yes ❑No ❑Not
Temporary Impacts: Yes []NoSure
Sandbags: []Yes No ❑ Not Sure
Did the land use of sification come
Mitigation Required (optional):
from county LUP. Yes []No
❑Yes []No
Moratorium Conditions:
Environments essment Done:
Length of Shoreline:
❑Yes ❑No PA
• E FT
❑Yes ❑No NA
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- osed
P
c:L0.01
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I [:]Swamp Waters (SW)
High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
Ll (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
El (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncus
0 (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
ca 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 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
11. Public or commercial/no dredge
RECEIVED
$100
and/or fill - $400
❑ I. 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
MAY 012018
DWQ agreement - $400
UGM-Mnv l,rl 1 1

William H. Trotman
Date: 4-6-18
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
New Work
Replace
Maint ❑
Y ❑ N
U
New Work ❑
aplace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
-
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount
Dredge ❑ Fill ❑ Both ❑ Other ❑
D
Dredge ❑ Fill ❑ Both ❑ Other ❑
Z 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 ❑
919-733-2293 :: 1.888-4RCOAST :: w .nccoastatmanaaement.net revised: 10/12/06

Major Permit Fee Schedule
Project Name: County: �4V Check No & Amount
4Z_
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or open water
areas.
$250
100% ($250)
0% ($0)
II. Public or commercial development that
does not involve the filling or excavation
of any wetlands or open water areas:
$400
100% ($400)
0% ($0)
III. For development that involves the
filing and/or excavation of up to 1 acre of
wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
d$25O
Certification No. 4144 (See attached) canbe
applied:
100% ($250)
0% ($0)
III(B). Public or commercial development,
if General Water Quality Certification No.
144 (See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 4144 (see attached)
could be applied. but DCM staff
determined that additional review and
written DWQ concurrence is needed
because of concerns related to water
quality or aquatic life-
$400
60% ($240)
40% ($160)
III(D). If General Water Quality
Certification No. 4144 (see attached)
cannot be applied-
$400
60% ($240)
40% ($160)
V. Development that involves the filling
and/or excavation of more than one acre
f wetlands and/or open water areas:
$475
60% ($285)
40% ($190)
'IF
CEIVED
MAY 01 2018
DCM-MHD city

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
4/6/2018
Pippin Marine
Holt Troutman
Wells Fargo
4675
$250.00
major fee/121 Point Road,
CS rct. 6146
Construction, LLC
Bank
Wilmington, NHC NO split
>
V
W
o
=
LU
�
�
U
❑