30-22 Stoked on the Water

t/
Permit Class Permit Number
NEW 30-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vertnt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS l 13-229
Issued to Stoked on the Water, LLC, 5208 Carolina Beach Rd. Suite 201 Wilmington, NC 28412
Authorizing development in ., New Hanover County at adj. to the Carolina Beach Yacht Basin at
313 Canal Dr. in Carolina Beach as requested in the permittee's application dated 6/29/21 (MP-
1), 6/30/21 (MP-3, MP-4), incl. drawings (6) Sheets 1-2 dated "reed 8/8/21" and Sheets 3-6 dated 6/20/21
This permit, issued on March 21, 2022 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.
Docking Facility
1) This permit authorizes only the docks, decks and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 7 formalized transient boat slips.
This permit action maybe appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resource Vommission.
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, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.

• 1'
Stoked on the Water, LLC Permit No. 30-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized deck associated with the building shall not cause an unacceptable interference with
navigation and shall not exceed the established U.S. Army Corps of Engineers A1W W setback.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
5) , The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
Bulkhead
6) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
7) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
8) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
9) The bulkhead shall be constructed prior to any backfilling activities.
10) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
11) This permit does not authorize any excavation waterward of the approved alignment.
12) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkheads.
13) No backfill material is to be placed within 30 feet of the mean high-water level, except that which will
be used to backfill the area behind the permitted bulkheads.
14) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.

le
Stoked on the Water, LLC
ADDITIONAL CONDITIONS
Upland Development
Permit No. 30-22
Page 3 of 3
15) This permit authorizes only the proposed upland development, as depicted in the attached permit
application, project narrative, and workplan drawings. Any other work or development proposed in an
Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline
AECs and located within the applicant's property, shall require a review and authorization from the
Division of Coastal Management prior to work corrimencing.
Sedimentation and Erosion Control
16) In order -to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
17) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
18) 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.
19) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.
20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
- 1 1. .1 Quality Certification 4175 and assigned'theprojecCDWR Project No.-2021I695.'
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 mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

3d - 2 Z
DCM Coordinator: L_Vc% Permit #:
MAILING DISTRIBUTION SHEET
Permittee: 5161(f� o., 41tWa � L� cj ZD8 [anlkVice� Qi� SI k ZoI w�IN^'tij�`- 2e41t
Agents: m icttnrl ( o,4arc1
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington T� y` (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley at Environmental. [e-mail]
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD)
Marine Fisheries: Kim Harding Jimmy Harrison
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Chris Pullinger-401
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)
John Perry-401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD) 4
Rodney Butler
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Stoked on the Water, LLC (Jeff Stokley) COUNTY: New Hanover
PROJECT NAME: 313 Canal Drive
LOCATION OF PROJECT: 313 Canal Dr., adjacent to the CBYB in Carolina Beaclr
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-18-21
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (6W40)#ol2823
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 11-24-21 END OF NOTICE DATE: 12-15-21
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 2-1-22 150 DAY DEADLINE:
u�r rin_
MAIL OUT DATE: 11-19-21
PERMIT FINAL ACTION: ISSUE
AGENCY
DCM — Field Rep
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
DWR — Public Water Supply
DEMLR — Stormwater
DEMLR— Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF — Shellfish Section
DMF — Habitat & Enhancement
DNCR —Archives & History
DNCR — Natural Heritage Program
NCDOT
STATE DUE DATE: 12-15-21
DENY
OBJECTIONS:D
jDATES
YES NO
!�
vr\ YQ
Att,k, -
212Z
x
2
i
1 �9
Id
x
NC Dept of Commerce I Lk -F--T x
NOTES
r\4-j

DCM Coordinator: Cam Luck
Cc Gregg Bodnar
County: NW'�j�
Permit M: ' '"
WIIR,�O�E-MAIL DISTRIBUTION SHEET
1 I
Circle o e: Bio Re / Permit for: // ' 0 K � 0,a CyI V G
Oversize Plans sent:
DCM Offices: 1 ✓ - J
Morehead City: PT (if oversize) via Courier `
"cc Gregg, Cam & Amanda on group email w/ bio.narr.app. drawings, deed, comment sheet
'MHC documents (Cam & Amanda)
Wilmington: Original hard -copy
ONLY USACE & DWR (mm): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: Wider & Carteret Cc): PN, CL, Reports, Split Sheet _
use both ?-OFeg
[e-mail] (NH/BR): PN, CL, Reports, Split Sheet _
JCurrey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: lley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
401 (PN/ON): PN, CL, Reports, Split Sheet_
✓+ Joh erry on all (training) - 401: PN, CL, Reports, Split Sheet
Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
----------------------------- -
Marine Fisheries:
DCM Planner/WIRO:
- - — --
it Hardin9
✓ Mljk6 Christenbury_
Cultural Resources:
Ree Gledhill -Earley Environmentat Review9Dncdenroo
Natural Heritage Pro .
9 9v
Butler
DCA-Rural Eco. Dev:
Ziegler _
NC DOT:
/✓'v'"
'David Harris
Wildlife Resources:
��✓Myia Dunn w/Reports
State Property Office:
✓Tirli/ Walton: DEED
i Moser _
da Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
J:my Humphrey (Bio) / Shannon Jank9s (Pt)
Gupton, Admin.
�haron
DEMLR:
istine Hall - Stormwater Section _
an ams - Land Quality Section _
Public Water Supply:
Heidi Cox
City of Wilmington:
Enforcement: Field Rep: �/►,,
Co. LPO V1 ID VI Gl/ �"v'VJO#-�
Agent:
DISTRIBUTED: 1
, ,..d..,..d mmnml rA AAA rcI.n.....n.n.....A.. J.'A........�.l ;d

It is the staffs recommendation that the shoreline stabilization along this site on the waterfront waterward of an existing
structures are CONSISTENT with the Rules of 15 NCAC 7H.0208 (b) (7) (D)(ii) Use Standards for Bulkheads and Shore
Stabilization Measures, which states "the bulkhead alignment extends no further below approximate mean high water or
normal water level than necessary to allow recovery of an area eroded in the year prior to the date of application, to align with
adjacent bulkheads, or to mitigate the unreasonable hardship resulting from unusual geographic or geologic features". The
proposal may seem excessive; however, it appears through on -site visits, review of historical aerial photography and permit
history that the majority of the impacts for these proposed structures along the waterfront would be located along a shoreline
currently usurped by existing structure and would protect the integrity of the building foundation.
It is the staffs recommendation the relocation of the existing floating dock would continue to provide public transient docking
space for up to 7 vessels. It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H
.0208(b)(6), including the A width rule and USACE AIW W setback requirement. The proposed floating dock relocation does
not appear to encroach into the adjacent 15' riparian corridor setback requirement.
It is the staffs recommendation that the proposed upland development along this project site along the waterfront of Canal
Drive is CONSISTENT with the Rules of 15 NCAC 7H.0209 (e) for Urban Waterfronts.

Luck, Cameron A
From: Hall, Bryan L
Sent: Friday, March 11, 2022 11:20 AM
To: Luck, Cameron A
Subject: FW: [External] RE: Stoked Restaurant- 313 Canal Dr Carolina Beach, NC USACE setback
Here's Justin's response to the bulkhead when shown the application materials for Stoked
Thanks,
Bryan Hall
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
[phone] office
[e-mail]
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Arnette, Justin R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, March 11, 2022 10:58 AM
To: Hall, Bryan L <[e-mail]>; MacPherson, Tara <[e-mail]>
Subject: RE: [External] RE: Stoked Restaurant- 313 Canal Dr Carolina Beach, NC USACE setback
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Soam.
Navigation would not have an concerns with the bulkhead.
Thanks.
Justin
Justin Arnette
Team Lead Cartographer
Landuse Coordinator
Wilmington District
U.S. Army Corps of Engineers
910-251-4196
]ustin.r.arnette@ usace.a rmv.m it

From: Hall, Bryan L <[e-mail]>
Sent: Friday, March 11, 2022 10:33 AM
To: Arnette, Justin R CIV USARMY CESAW (USA)<[e-mail]>; MacPherson, Tara
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Stoked Restaurant- 313 Canal Dr Carolina Beach, NC USACE setback
Here's the application materials. Drawing 5 of 6 shows the existing bulkhead and the proposed bulkhead. The bulkhead
underneath the restaurant has completely failed in some spots so Normal High Water has started to fill in underneath
the restaurant in those areas. The applicant proposes a new wall to align straight with the foundation of the building.
The area in question with the setback, the applicant proposes to 2' waterward of the existing wall.
I really appreciate all the help.
Bryan Hall
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
[phone] office
[e-mail]
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Arnette, Justin R CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, March 11, 2022 10:11 AM
To: Hall, Bryan L <[e-mail]>; MacPherson, Tara <[e-mail]>
Subject: [External] RE: Stoked Restaurant- 313 Canal Dr Carolina Beach, NC USACE setback
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I think I may need the permit documents to see where they are planning on building the bulkhead. Typically, a bulkhead
is not an issue when it comes to projects like this. The restaurant is already there, so if it is just a replacement of what is
there to keep the restaurant foundation secure I don't think we would have any objections. If they were building it out
say 5 feet and then backfilling it significantly increasing the encroachment, then we might ask them to try to keep the
new one as close to the old one as possible, but would still allow the construction. Land in the setback is looked at
differently than a dock that protrudes into the setback.
Hope this helps, and if you want my feedback on their actual plans just send them over.
Thanks.
Justin
Justin Arnette
Team Lead Cartographer
Landuse Coordinator

Wilmington District
U.S. Army Corps of Engineers
910-251-4196
i [e-mail]
From: Hall, Bryan L <[e-mail]>
Sent: Friday, March 11, 2022 9:47 AM
To: MacPherson, Tara <[e-mail]>; Arnette, Justin R CIV USARMY CESAW (USA)
<J usti n. R.Arnette @ usace.armv.m i I>
Subject: (Non-DoD Source] RE: Stoked Restaurant- 313 Canal Dr Carolina Beach, NC USACE setback
Here's the screenshots. I'm not sure they sent on Tara's email.
Thanks,
Bryan Hall
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
[phone] office
brvan.l.hall @ncdenneov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: MacPherson, Tara <[e-mail]>
Sent: Friday, March 11, 2022 9:39 AM
To: Arnette, Justin R SAW ([e-mail]) <[e-mail]>
Cc: Hall, Bryan L <[e-mail]>
Subject: Stoked Restaurant- 313 Canal Dr Carolina Beach, NC USACE setback
Hi Justin,
Bryan and I have a USACE setback question. Stoked Restaurant's major permit application was circulated for comment
on 11/19/21. Stoked is proposing to rebuild their bulkhead, reposition a portion of their floating dock, add a deck and a
rooftop deck.
At the time of the application, between their provided drawings and the Google Earth KMZ file, it appeared as nothing
new was being proposed in the USACE setback. The new Google Earth aerial has shifted a little and based on the new
aerial, the proposed bulkhead appears like it may encroach into the setback on the southern edge of the structure since
the corner of the building falls within the setback. I know Google Earth imagery isn't exact so I wanted to reach out
directly to see your thoughts. I spoke with major permit staff yesterday and they have yet to receive comments from
USACE.

The attached screenshot "Stokedl" shows the building outside of the setback and the newer screenshot "Stoked2"
shows the southern corner of the building within the setback. Can you tell where the setback is in relation to the existing
building?
Thanks,
Bryan Hall
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
[phone] office
brvan.l.hall[@ncdenr.eov
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Docusign Envelope ID: CD7FDE52-D8D4-43C5-A3DC-849E4F20E9°
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Director
Stoked Restaurant
ATTN: Jeff Stokley
5208 Carolina Beach Road, Suite 201
NORTH CAROLINA
Environmental Quality
December 22, 2021
D W R # 20211695
'New Hanover County
RECEIVED
DEC 2 2 2027
Wilmington, NC 28412 MP SECTION
DCM - MHD CITY
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
313 Canal Drive —Carolina Beach Yacht Basin —Carolina Beach
Dear Mr. Stokley:
You have our approval for the impacts listed below for the purpose described in your application dated
June 29, 2021, received by the Division of Water Resources (Division) November 19, 2021. The
application proposes to reconfigure an existing transient floating docking facility, to reconstruct a
bulkhead with approximately 1,800 square feet of fill below high water and to construct a rooftop deck.
The proposed project is located adjacent to the Carolina Beach Yacht Basin which are class SB waters by
the DWR. These impacts are covered by the attached Water Quality General Certification Number 4175
and the conditions listed below. This certification is associated with the use of General Permit No.
198000291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get
any other federal, state or local permits before proceeding with your project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed
regulations.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Plan Location or Reference
Permanent
Open Water/Shallow Bottom
0.04 acres (+/-1,800 sq.ft. fill
Narrative and sheets 1 thru 6
below NHW)
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional office 1127 Cardinal Drive Extension l Wilmington. North Carolina 28405
910.796.7215

a ..�
DocuSign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE99 Stoked Restaurant-313 Canal Dr. -Carolina BeachDWR20211695
Page 2 of 3
This approval is for the purpose and design described in your application. The plans and specifications
for this project are incorporated by reference as part of this Certification. If you change your project,
you must notify the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Wilmington Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Regional Office any noncompliance with, and/or any violation of,
stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to .
streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a
weekend or holiday) from the time the permittee became aware of the non-compliance circumstances.
Additional Conditions [15A NCAC 02H .0507(c)]:
1. All backfill material shall be obtained from a high ground source and confined landward of the
permitted bulkhead.
Citation:15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506-(b)(1)-(3)
2. All backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen
debris shall not be used.
Citation: 15A NCAC 02H. 0506-(b)(1)-(3)
3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200;15A NCAC 02B .0231
4. Turbidity Standard- The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt
Water Quality Standards for Class SB Waters.(12) pH: shall be normal for waters in the area,
which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as
low as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving
water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background
conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0222]
Citation: 15A NCAC 02B .0211; 15A NCAC 02H .0506(b)(1);15A NCAC 02H.0507(c)
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5

Stoked Restaurant-313 Canal Dr. -Carolina Beach
0_ Do&Sign Envelope ID: CD7FDE52-DBD4-43C5-A3DC-B49E4F29DE98 DWR20211695
Page 3 of 3
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
htto://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-160
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Holley Snider at 910-796-7215, Hollev.5niderna ncdenr.eov if you have any
questions or concerns.
Sincerely,
Ceacu5lened by:
OVt (�a kW�-64
E3ABA74AC7DM4...
Morelia Sanchez -King
Regional Supervisor
DWR Wilmington Regional Office
Enclosures: GC 4175
cc: Mike Conard (via email)
Greg Currey, USACE Wilmington Regulatory Field Office (via email)
Maria Dunn, NCWRC (via email)
DWR 401 & Buffer Permitting Unit

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
came ron.l uck(a) N CD EN R. oov
SUBJECT: CAMA/D & F
Applicant: Jeff Stokley /Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. RECEIVED
PRINT NAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE Yr
DEC E 0 7011
MP SECTION
DCM - MHD CITY
DATE 12/20/21
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a) NCDEN R.cov
SUBJECT: CAMAID&F
Applicant: Jeff Stokley/Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE f o4 �
49XW 1�
v<.m.num.F m.enm
IV
RECEIVED
NOV 2 9 2021
MP SECTION
DCM - MHD CITY
DATE 11-29-21
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
MEMORANDUM
NORTH CAROLINA
Envlronmental QuaW
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(o)NCDENR. oov
SUBJECT: CAMAID&F
Applicant: Jeff Stokley /Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall 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. RECEIVED
PRINT NAME_ 01 ✓ V. e i to l t—✓
utL. 0 3 1011
AGENCY N6 �t O D WG? MP SECTION
DCM MHD CITY
SIGNATURE _ M01 t1-k L �� l DATE
North Carolina Department of Environmental Quality l Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
a�ay.�wmu.Y�
910.796.7215

%at.clvt7u. 1 1/G't/LVG 1
historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
NORTH CAROLINA
Envlron ntal Quality
ER 21-2921
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(oNCDEN R.00v
SUBJECT: CAMA /D & F
Due: 12/9/2021
12/02/2021
No comment - SBA
Applicant: Jeff Stokley /Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: - The applicant proposes to construct anew bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
RECEIVED
AGENCY
Historic Preservation Office DEC Q 3 2021
MP SECTION
DCM - MHD CITY
SIGNATURE Q DATE 12/03/2021
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I WWNngton, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckCcDNCDENR.gov
SUBJECT: CAMA /D & F
Applicant: Jeff Stokley/Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. Seven existing slips
PRINT NAME Wanda Hillird
AGENCY, State Property Office
SIGNATURE jA)otn..ato. (dA'1L-:ur40-
RECEIVED
DATE December 3.2021
DEC 0 3 2021
MP`SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Dh4slan of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Jeff Stokley,
Carolina Beach, New Hanover County
Date: March 3, 2022
This project is consistent with the Town of Carolina Beach Land Use Plan.
The applicant proposes construct a new bulkhead waterward of the existing failing
bulkhead, reconfigure the existing docking facility, add a deck extension to an existing
deck and build a new rooftop deck over high ground at an existing commercial waterfront
restaurant. The property is located at 313 Canal Drive, adjacent to Carolina Beach Yacht
Basin in Carolina Beach.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and
PTA. Waters at the project site are classified as SB and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Carolina Beach Land Use Plan and
offer the following comments.
The AECs impacted by the work are classified as Commercial.
In general, the Town of Carolina Beach allows development in Commercial classified
AECs which is consistent with the State's minimum use standards. The Town of
Carolina Beach 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.
This project is consistent with the Town of Carolina Beach Land Use Plan.
Cc: File RECEIVED
MAR 01911022
MP SECTION
0CM • MHD CITY

ROY COOPER
Governor
ELIZABET14 S. BISER
Secretory
BRAXTON DAVIS
Director
NORTH CAROUNA
Environmental QuaW
November19, 2021
ai.Zq.ot.�-
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12--09)
cameron.lu ckaN CDEN R. goy
SUBJECT: CAMA✓D&F
Applicant: Jeff Stokiey/Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead; reconfigure the existing docking facility, add a dock extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant:
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 1s 2021. if you have any
questions regarding the proposed project, contact.Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: i This agency has no objection to the project as proposed.
"Additional comments may be attached`"
f'
V This agency has no comment on the proposed project.
_ This agency approves of the projectonly if the recommended changes
are incorporated. See attached.
This agency objects to the project for masons described in the attached
comments.
PAINT NAME 1-,cam^i'��nv� RECEIVED
1 DEC 15 2021
AC3ENCY NIP SECTION
DCM - MHD CITY
SIGNATURE fm u1, > DATE )2 - j7 7y
41
North Carolina Department of Environmental Quality I Division ofC'oastal Management
Wdmingtcn Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.gov
SUBJECT: CAMA /D & F
Applicant: Jeff Stokley/Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins RECEIVED
'NOV 2,220YI
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality t4flP 5Ei:17UF1
DCM - M"ID IFj
SIGNATURE K�e2 a�rr for Shannon Jenkins DATE 11/22/2021
��
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
. v 910.796.7215

N
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Cameron. luck(o)N CDEN R.aov
SUBJECT: CAMA/D & F
Applicant: Jeff Stokley /Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
*"Additional comments may be attached'"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Gloria Abbotts RECEIVED
MAN 1 9 2022
AGENCY Town of Carolina Beach
MP SECTION
DCM - MHD CITY
SIGNATURE 2&;21 DATE 3/18/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
w,r++w cum
�� �+ 910.796.7215

Additional Comments: Building permit must be applied for through the Town of Carolina Beach and
must meet all requirements including Building Code, Fire Code, Flood Code,
Zoning Code, etc.
RECEIVED
MAN 18 Md
IMP SECTION
DCM - MHD CITY

Application Review Checklist Letter A 1 I I1 9 75
ft ! Placard Comment 1 T j Jf
Applicant �e rs-,S �'I'11�.tPub A 11 Z comment 1 2 (5
r '
Computer I � A �
Agent to;ckd Deficiency Letter.
2 DDWR ACK Date / p 2 DWR Statements l�
Physical Address J I� (q�lj, yt� t� ,�� CG��fW Ptw�, VU4o k', jCMi"y Field
Rep.
Q T Cw\\
AECs Habitat F J}'Development
w� Designations SQL f I OWA16LWa) Buffer
Riparian Notification? Green Card? , Signed Form? Ohl Waive 15' Fee Schedule 7 ` ob 60 t4
/ 1 )C' Water
�(� p ~t x � Dependent
f Deed?
Raparian rights PH or
From Property line 1/4 width?
Nav/Channel Proximity
Residential Commercial
FT calculations 8ft'or 27ft'
ISSUES OF NOTE
rrv� l s,4e , r ti H 1 y y 301
2
1
IS X 30rr
? t 6 20'
L7 ruv� Roc. c ocicj
y

Major Development
Excavation/Fill X
Applicant
Address
County `'
�� V6
Physical Location including
Waterbody Description
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Checklist
Permit #
MP1 I MP2 I MP3 MP4 MPS
USACE SAW #
Permit Fee
Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Jeff Stokley c/o Michael Conard
2. LOCATION OF PROJECT SITE: 313 Canal Drive, adjacent to the Carolina Beach Yacht Basin/Myrtle Grove
Sound, in the Town of Carolina Beach, New Hanover County
Latitude: 34°2'14.92"N Longitude: 77053'30.92" W
3. INVESTIGATION TYPE: CAMA & D/F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 7/14/21
Was Applicant Present —No
5. PROCESSING PROCEDURE: Application Received — 7/1/21
401 WQC Pre -File Date—10/20/21 (No longer applicable)
DCM Complete — 11 /18/21
Day 30 for Pre -File — 11/20/2020, (No longer applicable)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Carolina Beach
Land Classification From LUP - Commercial
(B) AEC(s) Involved: EW, PTA, ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — Municipal sewer
Planned — N/A
(F) Type of Structures: Existing — Restaurant building (partially over open water, pile supported), parking .
lot and decking
Planned — Construct new bulkhead waterward of existing bulkhead, rearrange
existing floating dock, new deck extension, new roof top deck over highground
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
1. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (coastal)
(B) Non -Vegetated Wetlands (Open water)
—1,800 sq. ft.
675 sq. ft.
(incorporated)
(C) Other (highground)
(D) Total Area Disturbed: —2,475 sq. It. (0.06 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
8. PROJECT SUMMARY: The applicant proposes to construct a new bulkhead waterward of the existing failing
bulkhead, reconfigure the existing docking facility, add a deck extension to an existing deck and build a new
rooftop deck over highground at an existing commercial waterfront restaurant.

Stokley, Page 2
9. PROJECT DESCRIPTION:
The project site is located at 313 Canal Dr., adjacent to the Carolina Beach Yacht Basin/Myrtle Grove Sound, in
the Town of Carolina Beach, in New Hanover County. To locate the property, take Carolina Beach Road (US
Highway 421) from Wilmington to Carolina Beach, approximately 15 miles. Approximately 2.5 miles from
Snow's Cut Bridge, take a left on Carl Winner Ave. until you reach a stop sign at Canal Dr. Take a left and the
property of interest will be located on the left, just north of the municipal docks. The site is Stoked Restaurant.
The property is approximately .33 acres and is completely covered by impervious surfaces, which include the
restaurant building and associated parking lot. The existing enclosed building dimensions are approximately 35' x
130'. The building is supported by approximately 220 linear feet of a failing concrete bulkhead, which runs
irregularly underneath the current building. The center of the building extends approximately 20' over the open
waters of the Carolina Beach Yacht Basin in two sections measuring approximately 15' in length and 35' in
length where the failed bulkhead underneath the building turns landward and has eroded away (See Page 5 of 6).
An existing wooden deck, measuring approximately 28' in length by 20' wide is located over open water on the
northwest side of the property, an associated 100' in length by 4' wide wooden walkway is located along the
western side and a 44' in length by 5' wide wooden walkway is located along the southern side of the building.
An existing floating dock that runs the length of the western side of property. The floating dock follows the
outline of the building and wooden deck and varies between 4' and 5' in width. The southern and northern ends of
the floating dock system appear to encroach into the USACE channel setback. There are currently 7 transient slips
associated with the facility. The average elevation of the site is reported to be approximately 5 feet above Normal
High Water (NHW). Existing vegetation on the tract is limited to ornamental landscaping. There are no coastal
wetlands on site.
A major permit application was submitted on 11/03/05 under the name of Scott Patton (Harbor View at Arcadius)
at this location for the vertical expansion of the existing building within its footprint along with maintenance
excavation and the construction of floating docks and finger piers, was withdrawn on 02/15/06. State Permit #81-
08 was issued 6/18/2008 for maintenance excavation and construction of floating docks associated with the
property. State Permit #81-08expired on 12/31/2011.
The Carolina Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacenthigh ground portion of
the project area as Commercial. This area has been designated as urban waterfront. The waters of the Myrtle Grove
Sound/Carolina Beach Yacht Basin are classified SB by the Division of Water Quality. They areNOT designated as a
Primary Nursery Area by the N.C. Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish.
10. PROPOSED PROJECT:
The applicant proposes to construct a new bulkhead waterward of the existing failing bulkhead, reconfigure the
existing docking facility, add a deck extension to an existing deck and build a new rooftop deck over highground
at an existing commercial waterfront restaurant.
The application states that due to the deterioration and failure of the existing concrete bulkhead, a new naval style
bulkhead would be installed an average of 10' waterward of the existing bulkhead. The application proposes a
144' long by 30" wide bulkhead on the waterward side of the property with two approximate 15' long by 30"
wide return walls on the northern and southern sides of the property. The proposed bulkhead will be located just
outside the building's dripline, underneath the existing wooden walkway. The new bulkhead would range
between approximately 2' to 20' waterward of NHW due to the failure of the bulkhead towards the center of the
building which has allowed NHW to encroach underneath the building. The bulkhead would be backfilled with
clean gravel and sand. The application states that the existing walkway would be removed and replaced in the
same footprint after the new bulkhead work has been completed (See Page 5 of 6 and Narrative).
The applicant also proposes to relocate a section of the existing floating dock waterward to run parallel with the
USACE setback. Starting on the southern end of the property, approximately 45' of the existing 5' wide floating
dock would remain in place, extending north from there, approximately 45' of the existing 5' floating dock would
be angled waterward approximately 20 degrees to run parallel with the USACE setback before connecting with
the existing 26' x 5' floating dock that runs perpendicular to the building. The northern 22' x 4' and 29'x 4'
floating dock will remain in place and there will be no change to the existing formalized slip count of 7 transient
slips,(See Page 2-4 of 6).

Stokley, Page 3
The applicant also proposes a 15' wide by 60' long triangular shaped deck expansion extending south from the
existing 29'x22' fixed deck to encompass the area of open water between the existing walkway and the newly
relocated floating dock. According to the applicant, the length of the fixed deck will be determined by how much
space is created by the floating dock relocation, with 60' in length being the maximum distance proposed. The
applicant also proposes the construct a roof top deck over the existing 35' x 130' structure. The proposed roof top
deck would create a second story for restaurant seating. According to the application, the roof top deck will be
constructed in phases and supported by 18 new pilings and 9 new beams above the existing roof. The proposed
deck will be within the existing footprint and no new impervious is proposed (See Page 2-4 of 6 and Narrative).
11. ANTICIPATED IMPACTS:
The proposed new bulkhead would result in the filling of a total of approximately 1,800 sq. ft. of Public Trust and
Estuarine Waters; however, this area is currently usurped with the existing pilings to the deck area and concrete rubble
associated with the existing foundation ofthe restaurant building. The new bulkhead would average approximately 10'
waterward of the NHW boundary. Due to the location of the NHW boundary along center of the building under the
existing decking, the proposed bulkhead would be approximately 20' waterward oftheNHW boundary in areas where
the existing bulkhead has eroded and failed. The proposed floating dock relocation would incorporate approximately
225 sq. ft. of Public Trust and Estuarine Waters. The proposed fixed deck would incorporate approximately 450 sq. ft.
of Public Trust and Estuarine Waters; however, this area is currently usurped by the existing floating dock that is
proposed to be reconfigured waterward. The new configuration would continue to accommodate up to 7 transient
vessels. The proposed relocation would not encroach into the USACE AIW W setback; however, the existing northern
and southern ends of the floating dock system would continue to encroach into the setback (See Page 2-4 of 6). The
proposed relocation of the floating dock and proposed fixed deck do not appear to encroach into either adjacent 15'
riparian corridor setbacks nor exceed the %4 width ofthe waterbody. The proposed rooftop deck would be located over
the existing building footprint and landward of NHW once the proposed bulkhead has been installed. Minor increase
in turbidity should be expected during construction.
Submitted by: Bryan Hall Date: 1,1/15/2021 Office: Wilmington

CAROLINA MARINE CONSTRUCTION, INC.
6400-8 Carolina Beach Rd # 212 Wilmington, NC 28412 910-793-4143
June 30, 2021
To: NCDEQ
Attn: Tara MacPherson
Re: Stoked Restaurant
NARRATIVE:
We have been contracted by the owners of Stoked Restaurant to obtain the necessary permits to
construct apx 144' of bulkhead with (2) returns to replace their existing deteriorated / failing bulkhead
at their property on 313 Canal Dr in Carolina Beach, NC. The rebar in their existing wall has rusted and
expanded thereby cracking the wall and creating failures in several areas that are allowing backfill to
erode from behind the wall and from under the restaurant itself. We are proposing a naval style vinyl
wall in front of the existing wall. It is to be located just outside the existing building's drip line under the
existing walkway, which will be removed and replaced after the new bulkhead has been completed. The
proposed wall will eliminate any future erosion and protect the existing building foundation.
We are also proposing to relocate a section of the existing floating dock to run parallel and just outside
of the USACE set back line. Relocating this section of floating dock will allow for a 15' x 60' triangular
deck extension to be added to the existing 29' x 22' fixed deck, thereby allowing for additional outside
seating for patrons. Outside seating has been in huge demand since the outbreak of Covid and the
expanded area will allow the owners to provide service to additional customers. This is why we are
also proposing a roof top deck over the existing structure. The deck will be constructed in phases.
When complete, the overall dimensions will be 35' x 130' to match the size of the existing structure.
The owners hope to have a large enough area to accommodate fishing tournaments, dragon boat
regattas, bands, etc while offering not only a view of the Carolina Beach Boat Basin but also a view of
the Atlantic Ocean. These proposed improvements will create a great environment for public
gatherings and will provide many years of fun and enjoyment for locals and visitors alike, bringing yet
one more attraction to Carolina Beach. Please feel free to contact me on my cell 910-470-6610 if you
have any questions or concerns.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief. The project proponent hereby requests that the
certifying authority review and take action on this CWA 401 certification request within the applicable
reasonable period of time.
Thank you,
Michael Conard
Carolina Marine Construction, Inc.
�O a � jqq! "Q I
uGM WII.MINGT0b*V 1Nq VQN, NG

mom MP-1
APPLICATION for
Major Development Pormft
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Stoked Restaurant
Project Name (if applicable)
Stoked
Applicant 1: First Name
Jeff
MI
Last Name
Stokley
Applicant 2: First Name
MI
Last Name
If additional applioanta, please attach an addtimat page(s) with names listed.
Mailing Address
5208 Carolina Beach Rd Suite 201
PO Box'
CRY
Wilmington
State
NC
ZIP
28412
Country
1 USA
Phone No.
910--616-2200
ext.
FAX No.
- -
Street Address (if different from above)
City
Slate
ZIP
Email
2. Agent(Contractorinformadon
Business Name
Carolina Marine Construction, Inc
Agent/ Contractor 1: First Name
MI -
Last Name
Michael
B
Conard
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
city
Slate
4925 Red Heart Dr
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28412
910- -470 -6610 ext.
910 - 793 — 4143' am.
FAX No.
Contractor #
58629 Unlimited S
Street Address(Ndif/ererrt from above)
city
Slate
21P
Email
[e-mail]
or-CENED
<Form continues on back>
AUG09YI
252-608-2808 .. 1.883.4RCOAST .. www.ncconstalmanaRcrtClf ;.no

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County loan be multiple)
Street Address
State Rd. #
New Hanover
313 Canal Dr
28428
Subdivision Name
City
State
zip
Carolina Beach
NC
28428-
Phone No.
Lot No.(s) (ifmarry, attach additional page with list)
910 - 458 - 8300 ext.
I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear River Basin
Carolina Beach Boat Basin
c. Is the water body Identified in (b) above, natural or manmade?
d. Name the closest majorwater body to the proposed project site.
❑Natural ®Manmade ❑Unknown
ICWW
e. Is proposed work within dly limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Carolina Beach
4. Site Description
a. Total length of shoreline on the tract (g.)
b. Size of entire tract (sgft)
150'
16.500
c. Size of individual lot(s)
d. Appropmale elevation of tract above NHW (normal high water) or
NWL (normal waterlevell
(if many lot sizes. pfease attach addilionalpage with a list)
+5 ®NHWor❑NWL
e. Vegetation on tract
None
I. Man-made features and uses now on tract
35' x 14Z building 29 x 22' wood deck 5' x 44' wood walkway
4' x 111' walkway 177' floating dock
Existing failing bulkhead
g. Identify and describe the odsting land Ices edlacent to the proposed project site.
Commercial fishing / marina and residential home
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
FF
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No
k. Hasa professional archaeological assessment been done for the tract? Ifyes, attach a copy. [_]Yes ®No [:]NA
It yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does 8 involve a []Yes ®No ❑NA
National Register listed or eligible pmperty?
V%Gv—
<Form continues on next page> q q^')
pUGp.1
\jc
252.-808.2803 :. i-888.41RCOASY .: wow.ncconstalrranactelacaY.ncE

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m.(i) Are them wetlands on the Site? ❑Yes ONO
01) Are there coastal wetlands on the site? []Yes ®No
(iii) If yes to either (i) or n above, has a delineation been conducted? ❑Yes []No
(Affarh documentation, If available)
n. Describe existing wastewater treatment facilities.
Town of Carolina Beach
o. Describe existing drinking water supply source.
Town of Cacrolina Beach
p. Describe existing storm water manegemenl or treatment systems.
Existing deteriorated bulkhead that needs replacement and town storm drains
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial OPubliclGovemment
pPrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the prajectwhen complete.
To allow customers the option of outside dining with access via water
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Standard marine construction practices will be used to construct new proposed bulkheads, construct fixed dexk expansion
and relocate existing floating dock
d. List all development activities you propose.
Modify and relocate a portion of the existing Floating dock, extend the existing fixed
deck and construct a roof top deck
e. Are the proposed activities maintenance of an existing project, newwork, or both?
both
I. What is the approximate total disturbed land area resulting from the proposed project?
738 OSq.FI or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ONO []NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the stale.
Surface run off which will be filtered through new bulkhead
f. Will wastewater or stoanwater be discharged into a wetland?
❑Yes ONO ❑NA
If yes, will this discharged water be of the same salinity as the receiving wate(t
[]Yes []No ®NA
j. Is there any mitigation proposed? -
[]Yes ®No ❑NA.
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on back> AUG U 9 ? -' '
BSt,,A WILMINGTON, NO
282-geS•28n o^ .: 9-EaE-4i:£OASY .: www.uccoa a4almanagommcnt.nnE

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted In order for me application
package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the roquirod items below.
a. A project narrative. .
b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats• drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with stale application only) or other instrument underwhich the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name William and Joy Lee Bordeux Phone No. 910-458-6543
Address 317 Canal Or Carolina Beach NC 28428
Name Town of Carolina Beach Phone No. 91g-458-2999
Address 1121 North Lake Park Blvd
Name Phone No.
Address
g. A list o1 previous state or federal permits issued for work on the project tract. Include permit numbers, perrnieee, and Issuing dates.
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by propody owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands In connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application Is truthful to the best of my knowledge.
Date 06/29/2021 Print Name Michael Con
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and FIII Information []DCM MP-5 Bridges and Culverts RECEIVED
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information
AUG 0.9 2021
DCM WILMINGTON, NC
252-808.2808 .. 1.888-ARCOAST .. wwm•.nccoactalman:agomrnt.ne4

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
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWLI
stabilization
Length
Width
Avg. Existing
Depth
N A
NA
Final ProJect
Depth
NA
NA
L1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL In b. Type of material to be excavated.
C. (!)Does the area to be excavated include coastal wetlands/marsh
d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
- or otherwellands (WL)? If any boxes are checked, provide the
-
number of square feel affected.
❑CW ❑SAV , ❑SB
OWL ❑None
(it) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
®This section not applicable
a. Location of disposal area.
b. Dimensions of disposal area.
o. (t) Do you claim Vile to disposal area?
d. (i) Will a disp1osal area be available for future maintenance?
❑Yes ❑No ❑NA
❑Yes ❑No ❑NA
PI) If no, attach a letter granting permission from the owner.
(ii) If yes, where?
e. (I) Does the disposal area include any coastal wellandslmarsh
I. (i) Does the disposal Include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SIR),
❑Yes ❑No ❑NA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
VI) If yes, haw much writer area is affected?
❑CW ❑SAV _ ❑SB
OWL ❑None
(it) Describe the purpose of disposal in these areas:
RECEIVED
AUG 09, ?C71
DCM WILMINGTON,.NC
232.300•280E :: 1•858✓tRC©A57 :: wwrw.nccogstnittt. nngnment.nnt revi!x;d: ^.2./2G'UE

Form OCM 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: 174'
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _
c. Average distance waterward of NHW or NWL: T In front of existing
bulkhead (varies) see attached drawing
e. Type of stabilization material:
g. Number of square feel of fill to be placed below water level.
Bulkhead backfill 1440 Rlprap_
BreakwaterlSill_ Other —
I. Source of fill material.
off site supplier
Width: 30"
d. Maximum distance waterward of NHW ofNWL: Tfromexisting
bulkhead (varies) see attached drawings
f. (i) Has there been shoreline erosion during preceding 12
months?
®Yes ONO ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
Eroding fill behind existing deteriorated bulkhead
h. Type of fill material.
gravel, clean sand
A OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑RA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
(ili Amount of material be placed in the water _ number of square feet affected.
(ili)Dlmensions of fill
area ❑CW ❑SAV _ 088 _
(iv) Purpose of fill OWL ❑None
(ii) Describe the purpose of the fill in these areas:
15. GENERAL
a. How will excavated or fill material be kept on she and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Behind new seated bulkhead hydraulic excavator mounted on 2Nx50' barge, tug boat
C. () Will navi ational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes Mo ❑NA site? ❑Yes ®No ❑NA
(if) If yes, explain what type and how they will be implemented. (i) If yes, explain steps that will be taken to avoid or minimize
environmental Impacts.
06/30/2021 Carolina Marine Construction, Inc. Micha nand
Date Applicant Nama�
Stoked Restaurant RECEIVED
Applicant Signature
Project Name AUG O 9 9"'
DCM WILMINGTON, Nr,
252-808.2805:: ;-8884RCOAS7 :: www.neconelnimnnayetnonC•not rovisod: 12126!03

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. ,,,.
Landward of normal hi h water
O UV' Phi �/y)4v 91 I
J J
c. Density (give the number of residential units and the units per
acre).
N/A
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes []No SNA
(it) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
No new impervious surfaces proposed
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
j. Describe proposed method of sewage disposal.
Town of Carolina Beach
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industneg
commercial effluent, "wash down' and residential discharges).
surface run-off
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
N/A
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
N/A
h. Projects that require a CAMA Major Development Permit may also
require a Stonnwater Certi ication.
(i) Has a site development plan been submitted to the Division of
Water quality for review?
❑Yes ❑No SNA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
[]Yes ❑No SNA
If yes, attach appropriate documentation.
in. Does the proposed project include an innovative slormwater
design?
[]Yes []No SNA
If yes, attach appropriate documentation.
RECEIVED
pCM yV14MINGTQN, NC
252-808-28082 :: 1-E084RC,
,"Vir.oit; L+%GOi.

Form OC;M MP-3 (upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Town of Carolina Beach
o. When was the lot(s) platted and recorded?
Feb 4,2019
6/30/2021
Date
Stoked Restaurant
Project Name
4ez/z<
ApplicereNam
Carolina Marine Construction, Inc.
Applicant Signature
n. (0 Wit water be Impounded? ❑Yes NNo ❑NA
(it) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes []NO NNA
RECEIVED
SEP 2 9 2021
DOM WIIMINGTQNI Nro
2S2 808-2808 :: 1�888-4RCOAST :: www.nccoaslalmanagement.nei revised: 12126106

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
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.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/madna:
❑Commercial ®Public/Govemment ❑PrivatelCommunity
c. () Dock(s) and/or pler(s)
Number 4
(li) Length 2r6T g4?� 100'
(iv) Width 4� b'
(v)Floating ®Yes ONO
e. O Are Platforms included? ®Yes ONO
If yes:
(16) Number 2
(ill) Length 24' 60'triancuiar
CMWdth 221.15'trianoular
(v) Floating ❑Yes ONO
Note: Roofed areas are calculated from ddpfine dimensions.
g. O Number of slips proposed
0
(5) Number of slips existing
7
I. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water, dredging for basin and/or channel
®Open water; no dredging required
❑Other, please describe:
k. Typical boat length: 24'
M. @Will the facility have tie pilings?
❑Yes ®No
(i) If yes number of tie pilings?
❑This section not applicable
b. O Will the facility be opan to the general public?
®Yes ONO
d. O Are Finger Piers Included? []Yes ®No
If yes:
n Number
(iii) Length
(iv) Width
(v) Fbating ❑Yes ❑No
f. O Are Boati is included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(Iv) Width
Ir. Check all the types of services to be provided.
❑ Fug service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('wet slips/ only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(sy, number of boat ramps:
® Other, please describe:
Restaurant
J. Describe the typical boats to be served (e.g.. open runabout,
charterboats, sail boats, mixed types).
fixed
I. O Will the facility be open to the general public?
®Yes ONO RECEIVED
AUG 01 Z6%1
DCM WILMINGTON, NC
252-20e-2308 :: I-SBS-4RCOAST :: VOV;W.necoaStalrrtanagentent.not revised: 92127:05

Form 001111 MP-4 (Structures, t'age 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities thatwill be included in the proposed project
❑ Office Toilets
13 Toilets for patrons: Number. Location:
❑ Showers
❑ Boatholding tank pumpouk Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of 'No Sewage Discharge signs proposed.
(i) Give the location and number of "Pumpout Avail able signs proposed.
L Describe the special design, if applicable, for containing Indushiai type pollutants, such as paint sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake'sgns proposed.
f. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
J. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
M. Is the marinardocking facility proposed within a primary or secondary nursery area? AUG 0. 9 2021
❑Yes ❑No
DCM WILMINGTON, NC
252.8D8-2808 :: 1.888.42COAST :: Va+kwmcconstalmanagemont.net revised: ,121271g8

Form ©CIA MP-4. (Structures, Page 3 of 4)
n. Is the madna/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
c. Is the marine/docking facility proposed within or adjacent to coastal wellandshnarsh (CM, submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB _
OWL ❑None _
p. Is the proposed madnaldocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (1) Is the boathouse stmcture(s):
❑Commercal ❑PubliclGovemment ❑ftvatelCommunity
(n) Number _
(in) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheelpile, etc. lfa rockgrotn, use MP-2, Excavation and Fill.) gThis section notapplicable
a. () Number
(i) Length
(ifi) Width _
5, BREAKWATER (e.g., wood, sheetplie, etc.) ®This section not applicable
a. Length _ b. Average distance from NHW, NWL, orwetiands
o. Maximum distance beyond NNW. NWL orwetlands
16. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑PubliclGovemment ❑PrivaleXommunity
c. Distance to be plaoed beyond shoreline _
Note: This should be measured from marsh edge, ifpresent.
e. Arc of the swing _
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
AUG 0 9 ZVI
DCM WILMINGTON, NC
7.52.808-2808 :: 9.888-41RCOAS a :: roviocdr 121271OG

Form DCM MP-4 (Structures, Pago 4 of 4)
a. Proximity of stmcture(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
less than 15' greater than 20'
Note., Forhuoyormooriagpiting, use arc ofswingincluding length
ofvesse/.
c. Width of water body
2001
e. (1) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be Implemented.
d. Water depth at watenvard end of structure at NLW or NWL
-2' MLW
---OTHER []This section not eppffcabfe
a. Give complete description:
Relocate a portion of existing floating dock to run palatial and just inside USACE set back line. Construct 15' x 60' triangular
deck extenslon to existing 22' x 29' deck. Construct approximately 174' of new naval style bulkhead with vinyl sheathing to
replace failing concrete bulkhead. Construct a 36 x 130' roof top deck pover exoisting restaurant/ building
6/30/2021
Date
Stoked Restaurant
Project Name
Carolina Marine Construction, Inc. Michael 90115P
Applicant Name _
Applicant Signature ,
RECEIVEf.)
AUG o a zozi
DCM'WLMINGTON, NC
252208-2808:: 1.886.4RCOASY:: revised: 12127106

Contact Name*
Contact Email Address`
Project Owner*
Project Name *
Project County"
Owner Address:
Is this a transportation project? *
Michael Conard
office@ca rolinamarineconstruction.com
Jeff Stokley
Stoked Restaurant
New Hanover
Sheet Address
5208 Carolina Beach Rd
Address Line 2
Suite 201
City
WILMINGTON
Postal Rip Code
28412-7708
Yes No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - 401 Water Quality Certification -
Regular Express
Individual Permit Modification
Shoreline Stabilization
Does this project have an existing project ID#?
Yes No
Stale I Province / Region
North Carolina
Country
United States
Do you know the name of the staff member you would like to request a meeting with?
No

Please give a brief project description below and Include location Information."
We have been contracted by the owners of Stoked Restaurant to
obtain the necessary permits to construct apx 144' of bulkhead with (2)
returns to replace their existing deteriorated / failing bulkhead at their
property on 313 Canal Dr in Carolina Beach, NC. The rebar in their
existing wall has rusted and expanded thereby cracking the wail and
creating failures in several areas that are allowing ball to erode
from behind the wall and from under the restaurant itself. We are
proposing a naval style vinyl wall In front of the existing wall. It is to be
located just outside the existing building's drip line under the existing
walkway, which will be removed and replaced after the new bulkhead
has been completed. The proposed wall will eliminate any future
erosion and protect the existing building foundation.
We are also proposing to relocate a section of the existing floating
dock to run parallel and just outside of the USACE set back line.
Relocating this section of floating dock will allow for a 15' x 60'
triangular deck extension to be added to the existing 29' x 22' fixed
deck, thereby allowing for additional outside seating for patrons.
Outside seating has been In huge demand since the outbreak of Covid
and the expanded area will allow the owners to provide service to
additional customers. This is why we are also proposing a roof top
deck over the existing structure. The deck will be constructed in
phases. When complete, the overall dimensions will be 35' x 130' to
match the size of the existing structure. The owners hope to have a
large enough area to accommodate fishing tournaments, dragon boat
regattas, bands, etc while offering not only a view of the Carolina
Beach Boat Basin but also a view of the Atlantic Ocean.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your projeers; thirty -day clock started upon receipt of this application. You will receive notification regarding meeting
location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you
can submit an applica0on.
Signature*
eweml/Re/CC//nte
Submittal Date 10/20/2021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Michael Collard
4925 Red Heart Dr.
Wilmington, NC 28412
Dear Mr. Conard,
NORTH CAROLINA
Environmental Qualify
November 18, 2021
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Jeff Stokley,
for State approval for development of the subject property located at 313 Canal Drive, adjacent to Carolina Beach Yacht
Basin in Carolina Beach, New Hanover County. It was received as complete on November 181h, 2021 and appears to be
adequate for processing at this time. Due to recent changes with the 2020 Section 401 Certification Rule a pre -filing
meeting request is no longer required 30-days prior to a certification request. The pending complete date under the 2020
Section 401 Certification Rule was November 201', 2021. The new complete date is November 181, 2021, due to
retraction of this rule. The projected deadline for making a decision is February 1, 2022. 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 final
action by the initial deadline stated above, you should consider the review period extended. Under those circumstances,
this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the
75th day.
If this agency does not render a permit decision within 70 days from November 181', 2022, 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 I I3A-119(b) requires that Notice of all 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.
Sincerely _ aJ12 ,
Bryan Hall
Field Representative
cc: Cameron Luck, DCM
Holley Snider, DWR
Jeff Stokley, Applicant
USACE
Gloria Abbotts, LPO
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�Tmnem,emw.v,�
910.796.72)5

IK
e 2 t [7 1
LAMA PERMIT
APPLIErl F R
Applicant°aroposed to construct a new
P �ia'Whea wa erwar. --o ,, e-,exis ins failing bulkhead an
- v vrremarieL ill VGG6G111 V116 restaurant,
31
a s .' r: a jacen . o. Carolina eac ac asin in
: a:r�MA,Beach, New Hanover County
COMMENTS ACCEPTED THROUGH 0ecember f4�, 2021
APPLICANT:
_ Stoked on the Water, LLC
c/o Jeff Stokley
52os Carolina Beach: Rdy Suite.201-.., .
Agent: Carolina Marine Construction�lnc
Michael Coriard•
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
INC Iv. of Coda—sfa-nWa�nagenlent
127 Cardfin—al Dr.Carden—a Ext.
Wilmington,
Bryan. Hall

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
November 18, 2021
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
NORTH CAROLINA
EhvfranmeotafQuaffq
Stoked on the Water, LLC — New Hanover County
Victoria Detweiler — New Hanover County
Nicholas & Deirdre Sarif — Brunswick County
Hello: Please publish the attached Notice in the Wednesday, November 24, 2021 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7126
(Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Wilmington office. �1
cc: MHC Files
Cameron Luck — MHC
USACE
Support & Customer Assistance
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Rive Extension I Wilmington, North Carolina 28405
910.796.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On November 18, 2021, Stoked on lire
Water, LLC (e% Jeff Stokley) proposed to construct a new bulkhead water ward of the existing
failing bulkhead and reconfigure & expand existing deck to include a new rooftop deck at file
existing commercial waterfront restaurant at 313 Canal Dr., adjacent to the Carolina Beach Yacht
Basin in Carolina Beach, New Hanover County; On November 18, 2021, Victoria Delweiler
proposed to remove and reconstruct an existing docking facility to include five (5) slips and a
gazebo at 36 Pelican Dr., adjacent to Lee's Cut in Wrightsville Beach, New Hanover County; And
on November 17, 2021, Nicholas & Deirdre Sarif proposed to install a second boatlift, increasing
slip count from two (2) to three (3) at 343 Serenity Ln., adjacent to file A1WW in Holden Beach,
Brunswick County. Copies of these applications can be examined or copied at the office of Bryan
Hall (Stokley), Katharine Elks (Delweiler) or Patrick Amico (Sari N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910)
796-7423 (Bryan Hall), [phone] (Katharine) or [phone] (Patrick) during normal
business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to December 15, 2021 will be
considered in making the permit decision. Later comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review & comment by the
public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
DE QJ� North Carolina Department of Environmental Quality I Division of Coastal Management
_ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
'910.796.7215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address:
�/ ►+ 'Itrt� or
Phone Number: V
Email Address: 40 j%twt
I certify that I have authorized ydim r r wILC 'Al
MOW( ent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
at my property located at
in County.
' i t' 9, r� s
i furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Owner
/ / - effitey fmIg
P ntAr, Type Namd
Title
O� l Date
(4r-e,EIvFD
This certification Is valid through 0-1 l Gl I�^ NOV 1 $1
pCM \NILMINGTON, Nc

7/20/2021
a
.II Showff search results for 313 can...
L._... ) L__.1 LJ
g
F_i63.91 R--— 275R
Alf, J®
- ---s'°5•x�
—i00ft
Find A Pamal
t �
`'••.. 50 f
fiearch . e 3LW:
R —.—
RECEIVED
AUG 09 1021
UCM WILMINGTON, NO
hdps.Ilnhcgov.maps.arcgis.com/appslwebappviewer/index.hlml9id=06539105dee84683be46be47be3256ad 1/1

6/28/2021 New Hanover County
PARID: RD88IM06-026-000
CAROLINA BEACH TOWN OF 301 CANAL DR
Parcel
Alt ID
313011.56.5386,000
Address
301 CANAL DR
Unit
City
CAROLINA BEACH
Zip Code
Neighborhood
A6S13
Class
GOV-Exempt Government
Land Use Cade
449-Marina-Marine Craft Dock
Living Units
Acres
3
Zoning
MB-I-MARINA
Legal
Legal Description YACHT BASIN TRACT CAROLINA BEACH
Tax Distdct CB
Owners (On Januarylst)
Owner
CAROLINA BEACH TOWN OF
City
CAROLINA BEACH
State
NC
Country
Zip
28428
THE DATA IS'FROM 2021
'ProPel�y owh+I SoCAk"
RECEIVED
AVG 0 9 202,
OCM WILMINGTON, NC
https:ltetax.nhcgov wMptlDalaleWPrinlDatalet.aspx?pin=R08618-000.025000&.gsp=PROFILFALL&taxyear-2021&jur—NH&o"seq=D&card=l &roll=... 111

6/2812021 New Hanover County
PARID: R08818-006-028-000
BORDEAUX JOY LEE L WILLIAM T 317 CANAL DR
Parcel
ARID 313011.56.7641.000
Address 317 CANAL DR
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners (On Januarylst)
CAROLINA BEACH
A6S10
RES-Residential
10-Single Family Residential
1
T-1-TOURIST
LOT 18A BLK 4A CAROLINA BEACH
CB
Owner
BORDEAUX JOY LEE L WILLIAM T
City
CAROLINA BEACH
State
NC
Country
Zip
28428
_....... ......
.. ........ -
THE DATA IS FROM 2021
I fZ9PQ.t�
RECEIVE[)
AVG 0.9 r, ;
00W WILMINGTOry AIC
hBpsJ/etaz.nhcgov comlptlDateletslPrintOateleLespVpin=R08818-006-028-000&gsp=PROFILEALL&"ear-2021 &)ur-NH&ownseq-D&card=l &roll-... 1/7

6/2812021 Carolina Beach, New Hanover County, North Carolina- road map and sheet view
Carolina Beach NC Map Streets of Carolina Beach NC Photos from Carolina Beach NC
City name fD
Carolina Beach, New Hanover County„ North Carolina - road
map and street view
Carolina Beach, New Hanover County, North Carolina, United States road map R street view
view streets, roads, routes, places, buildings
Road Map ? Street Maps Online
Street View Live Printable Street Maps —
Switch to Carolina Beach NC satellite view In 13 a
u � '
y
Caro!u1a Beach
State Park
Gape Fear
s _
Carolina Beach .
Pleasure Island �.
sunny
porn:
h;ihtay
Ocean
Tefm;nat
5000 feel 1 km
® 2021 TomTom, ® 2021 MiaosoR Corpom6an
Carolina BeachF
Carolina Beach
Carolina Beach
Carolina Bea
road map
Microsoft
road map
road map
roap(a
t
_Apple
Google
0st
ch
DIVED
Get directions on Microsoft Bing map, Google map, Open Street map or Apple map.0 I
https:tl w .maps-streetview.com/UnitedStatesiCarolina-Beach/foadmap.php 1/7
DCM WILMINGTON. NC

Carolina Marine Construction, Inc.
64OD-8 Carolina Beach Rd. #212 Wilmington, NC 28412
August 4, 2021
To: Town of Carolina Beach
Attn: Jeremy Hardison
Re: Stoked Restaurant
Deck Expansion / Bulkhead Replacement
We have been contracted by Stoked Restaurant and Mr. Jeff Stokley to permit and construct a new
bulkhead In front of the existing deteriorated / failing one, along with slightly relocating a portion of
their existing floating dock in order to expand their fixed back deck (to the south) to allow for additional
outdoor seating, something that is proving to be a necessity for restaurants to survive Covid and the
ever changing regulations. A raised rooftop deck over the existing restaurant Is also being proposed.
This year has proven to bean extremely busy one and the owners are hoping to provide another
attraction to Carolina Beach while still providing a service to our beach community. All of the
information is included in the package. Please feel free to contract me anytime if you have any
questions or would like to discuss 910-470-6610. You can also contact the NC Division of Environmental
and Natural Resources at 910-796-72 with any questions or concerns.
Thank you-,
�l
Michael Conard
Carolina Marine Construction, Inc.
RECEIVED
AUG 097;1
DCM WILMINGTON, IBC

Carolina Marine Construction, Inc.
6400-8 Carolina Beach Rd. #212 Wilmington, NC 28412
August 4, 2021
To: Mrs. Joy Lee & Mr. William T. Bordeux
Re: Stoked Restaurant
Deck Expansion / Bulkhead Replacement
To Whom It May Concern:
We have been contracted by Stoked Restaurant and Mr. Jeff Stokley to permit and construct a new
bulkhead In front of the existing deteriorated / failing one, along with slightly relocating a portion of
their existing floating dock in order to expand their fixed back deck (to the south) to allow for additional
outdoor seating, something that is proving to be a necessity for restaurants to survive Covid and the
ever changing regulations. A raised rooftop deck over the existing restaurant is also being proposed.
This year has proven to bean extremely busy one and the owners are hoping to provide another
attraction to Carolina Beach while still providing a service to our beach community. All of the
information is included in the package. Please feel free to contract me anytime if you have any
questions orwouid like to discuss 910-470-6610. You can also contactthe NC Division of Environmental
and Natural Resources at 910-796-7215 with any questions or concerns.
Thank you,
ichael Corfard 61/
Carolina Marine Construction, Inc.
Recev8p
AUG 0 9 K(
ACM WIIMINGPON, NC

USPSiRACKWG#
III�uIIIIIIII
9590 9402 6580 1028 0259 45
United States
Postal Service
111111
Hret-Class Mall
Postage 8 Feea PeW
LISPS
Pennk No. G-10
your name,
Carolina Marine Construction, Inc.
0400-8 Carolina Beach Rd. #212
Wilmington, NC 28412
fill] IIII ,fill Jp,IlliIp611„1111111id1q'lUlIIIIIIIIIJIII
USPVRAC�KNGO
3 L 111111
9519 9402 6580 1028 0251 51
United States I • Sender. Please print your name, addresr
Postal Service
Carolina Marine Construction, Inc.
6400-8 Carolina Beach Rd. #212
Wilmington, NC 28412
fln�t-Giese MeU
Postage 8 Fees Peld
LISPS
Permit No. G-10
d
In"'Ill'lhlp,1,nlrpm114A111P'111'I'1dA'I"Illhp„I

n'Cbffgg§te Rem&1; 2, and 9. , ., • .... '_ :^^'"'e""""
■ IMttDyoyrrta+ eardladdresaonthe• -gent
it
13Addm
sotltalxYet!8nAB1uQ1:Nm.{�ItoyOU"'�5�:,.,o X ❑Addne
rAttach this canstotheba�kofthe
matlpleee. 9.ReoevedbyP*fedNmne) CDa[eolOeO
or on the front R epees perMb.
t. Anlcla tq- D.IeddmeddmssCWw8n%tMmtemt7 ❑Yes
1 . AJARfl,rl&BA I IIYSS.ertadeSmyeddmsabebw. 0No
.51 ttyuw r
�� g(K.ulc
�jI(9ltQC1
a serv(eeiypa
ordonaMeee�ace
CnduTlSOuhlm
OR9QWN MaR
Illlllllllllllllllllllllllllllllllllllllllll
o�
aTM
9590 9402 65801028 0250 45
o CovaetanDmwy o 8WlehMCMffMnabo
CdeumtenaemvyRaDidldvaW RmOidad Dd iM
2. Arllde Number(7la %Wfilom Me 09 -W.._— .
7017 1000 0000 U084 3399RD+
PSFortn3811,Jttry2020P8NM02-oo6eo53
0omo5WFlahn'R°delpt 1
■ Complete Remo 1. $ and S.
P. slgnaaae "
Cl Agent
r Pdayour name, and address ontherevetee
X
17 Addmseea
so 9rat we can retum the card to you.
B. ReeeNed by (PMted Name)
C. Date of Deuvay
■ Attach this card to the back of the mallplece,
or on the front R apace pemlRe.
1. Ardol��dA; dn�amed•IXra_I,.
I
/tads
0.NYE9.eMerd We ary address wo:tt ❑No p�
J
I.�
&% U&t aMaW
°°'��
IIIIIIIIIIIIIIIIIIIIIIIIIIilllllll8111111(�I
o Addt nalUm e,lateaoetw,y
o"
o Mst eeshtcted
9590940285801028025151
O0eMftdMdlRw&MWD9MabndunCen
DCoOeotonDatve�y
O eery
o�jC01O1A0vp1
nrstnedMaedrwy Res4ated DarwrY Reytdctotlae0ueiy
7020 3160 0002 6112 0519
;e wMha9aaRmdemdDd-Y
--- ,..... .._.,__........ _......... ..... .U.ro
vm
Damask Rd=RWSW .

&2e12021
New Hanover County
PARID: R08818-006-027-000
NOELLE HOLDINGS LLC ETAL
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners (On Januarylst)
313011.56.7531.000
313 CANAL DR
CAROLINA BEACH
CAS06
COM-Commercial
581-Restaurant/ Bar
1
CBD-CENTRAL BUSINESS DIS
BLK 4-A LOTS 15-A 16-A 17-A
CB
Owner
NOELLE HOLDINGS LLC ETAL
City
WILMINGTON
State
NC
Country
Zip
28409
6/ W021
Zoning: FF
ZONING FF
CDFLAG
CDCASE
ZONINGTXf" FF
WEBSITE
THE DATA IS FROM 2021
Basic Map
ci A
313 CANAL DR
Rmmvm
AUG n
DCM W►LMINGTON,NC

6/2a/2021
New Hanover County
profile PARID: RMIS 00"27-000
Sales NOELLE HOLDINGS LLC ETAL 313 CANAL DR
Residential Land
Commercial Una Number I
Misc. Improvements Land Type S-SQIJAREFOOT
Land Code Cos
Permits Square Feet 1650D
Acres
Values
Agricultural
SP.olch
Full Legal
EwmpWm
Sub -parcels) Info
Original Parcel into
Parcel Map
THE DATA IS FROM 2021
Location PGoogleMap Contact Us Site Links
230 Government Center Drive, Suite 190 s, Phone: [phone] NHCrax Home
. i A1IcQtcn, IW' 28403 Fax: (91U) 7911-7310 Register of Deeds
?.. .. '.. '. : : - .. : W. :. 'M - d L-� . !. ::. ; ; ". .1 : : !- - :; .% .: .. ': :1 '.' . ' . ' ... .. 1 . . . ..
CONTACT US
Actions .
6qIFIfintabloVersion
giii Custom RoPort Suildei
Reports
Residential PRC
Commercial PRC
v
Go
Links
salosveriEwSonForn
Pre,ertyarta,
os,aswmare
McEiVED
AUG p
DCM W1LM1NG-rLi,,,,
h1t ps://etax.nhcgov.com/ptldatalets/datalet.aspx?mode=iancl&UseSearch-no&pin=R08818-OOM27-060&ju�-NH&taxyr-2021 &LMparent-20
I
1/1

628/2021
PARID: R08818-006-027-000
NOELLE HOLDINGS LLC ETAL
Printed on Mond[
New Hanover County
Item
Area
RESTAURANT - RES:RESTAURANT
48D2
WOOD DECK - WDK:WOOD DECK COMMERCIAL
644
BULKHEAD -BKH:BULKHEAD
130
WOOD DECK - WDK:WOOD DECK COMMERCIAL
638
PVMT/ASP - PA:PAVEMENT / ASPHALT
5760
WOOD DECK - WDK:WOOD DECK COMMERCIAL
72
PIER/PLNG - PP:PIER ON PILING
160
313 CANAL DR
I
fteelver
pUG 0 9 70'YI
Or, n
DGM �►JILM�N�'�� nCM WII MINGT,
hops://etax.nhcgov.conVpt/Datalets/PrintDatalet.aspx?pin=RO8818-006-027-000&gsp=&taxyear--2.021 &iur--N H&ownsoq=&mrd=l &roll=&State=&item... 1/1

SK: RB 6193
PG: 1951.1952
Izrecsmm
WCOKm
20190a3351
oamsttots
NEW HANOVER COUNTY,
TAKIMYTHEU5CH8EALLEY
gFAt[mATE
n;6r�tBPm
Exrxs¢aom
6Y NiOElA[,FAIrH
REGROWN OiORn)d
WC .WCALLYRECCROEO
Prepared by: J. C. Hearne, a
Reban to:
Excise Tax: $4.000.00 Parcel ldentaierNo.: R08818-006-027-000
If initialed, the property includes the primary residence of at least one of the Grantors,
othemise note as N/A. (per NC GS§ 105-317.2)
Brief description forthe index:
Lots 15A,16A,17A, Block 4A Carolina Beach
NORTH CAROLINA GENERAL WARRANTY DEED
made
GRANTOR
Harbor Masters Properties, LLC
a North Carolina limited liability company
Mailing Address:
941 Bslal.aae
Wilmington, NC 28409
GRANTEE
Noelle Holdings, LLC
a North Cm Una limited liability company
(50 % Undivided Interest)
Stoked an the Water, LLC
a North Carolina limited liability company
(50%Uadivided Interest)
Mal ing Address:
6231 Masonbotolla bourDdve
The designation Grantor and Grantee 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.
WITNESSETH-
NOW, THEREFORE Grantor, for a valuable consideration paid by the Grantee, the
receipt ofwhich is hereby acknowledged, has and by these presents does grant, bargain, sell
and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in
New Hanover County, North Carolina and more particularly described as follows:
All of Lots 15A, 16A and 17A in Block 4A of the northel-n RECEIVED
section bf Carolina Beach as shown on the map thereof duly
recorded in Map Book3 atPage 67 in the office of the Register
of Deeds of New
yHanover County. AUG U 9 2021
Lav-
in comp"amitted nte wiithiNorth Earolina statutesrgovAttorney
rning recordable documents
and the terms of the submitter agreement with the New Hanover county Register of goods— WILMINGTON, NC

The property hereinabove described was acquired byGrantor by instrurnentrecorded
in Book 5217 at Page(s)1266.
If any, by acceptance of this Deed, Grantee shall be a member of the Owners
Association, and shall abide by all rules and regulations of the Association specifically
including payment of all assessments when due. Failure to pay such dues may result in
liens being placed against the property and could result in foreclosure.
TO HAVE AND TO HOLD the aforesaid lot orparcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
AND the Grantor covenants withthe Grantee that Grantor is seized ofthepremises in
fee simple, has the rightto convey the same in fee simple, thattitleis marketable and free and
clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Rights of way and easements of record, if any.
2. Zoning and/or subdivision ordinances and regulations, if any.
3. Restrictive covenants ofrecord, if any.
4. Ad valorem taxes for 2019 and subsequent years.
IN WITNESS WHEREOF, the Grantor has hereunto sethis hand and seal, orifearporate,
has caused this instrument to be signed in its corporate name by its duly authorized officer by
authority of its Board of Directors, the day and year first above written.
Harbor Masters Properties, LLC
a North Carolina limited liability company
Rhonda G. Hunnicutt, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OFNEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that Rhonda G. Hunnicutt
personally came before me this day and acknowledged that she is a Member/Manager of Harbor
Masters Properties, LLC and as the act of the company, the foregoing instrument was signed in its
name by its Member/Manager.
Witness my hand and official stamp or seal, this _Y_ day of February, 2019.
MichaelJlOpke Signature°fNormYPublie —
NOTARY PUsuc
NewFianoverCeurdy,NC Michael J.Kioke _
MyContmissionExpke$Oetobor2a,202o Notary's printed or typed name RECEIVED
My commission expires: 10/28/2020
(o�eialsea!): AUG 08 2021
DCM WILMINGTON, NO

6/2812021 SlreamAGSJSMaplmage.aspx (1005x256)
RECEIVED
AUG 0 8 2021
DCM WILMINGTON, NC
https://etax.nhcgov.wm/PT/maps/StreamAGSJSMapimage.aspx?id=agjsmi_4tttmdigiil vubM5zglrg2_c424b5ad-baa3-4151-9etf•ObdS2eb5lff7&imag... 111

Weychert, Curtis R
From: Weychert, Curtis R
Sent: Tuesday, November 30, 2021 9:31 AM
To: Michael A; Malinda Marotta
Subject: RE: [External] Fwd: Lot 5 Barton Bay
Hey Mike,
There are just a few more pieces of information that I need reflected on the new drawings:
Calculations of the total SF of decking area within the 30' buffer to ensure that it does not exceed 200 SF
Calculations and marking of the 75' AEC (landward from the NHW line) line and the total percentage of impervious BUA
to show that the amount is less than 30%within that 75' AEC.
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Curt. Wevchert(@ncdenr.gov
400 Commerce Avenue
Morehead City, INC 28557
http://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Michael A <[e-mail]>
Sent: Monday, November 22, 2021 2:16 PM
To: Weychert, Curtis R <[e-mail]>; Malinda Marotta <[e-mail]>
Subject: [External] Fwd: Lot 5 Barton Bay
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
finalized site plan for Lot 5 as well. Malinda forgot to send you with the green slips she sent earlier.
thanks,
Mike
Michael Afify
AWA Builder's Inc.
w: 910.329.9819

c: 919.210.9474
e: mmafifvCDamail.com

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 19, 2021
MEMORANDUM. -
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 26557
Fax: [phone] (Courier 11-12-09)
cameron.luck(NCDENR.00v
SUBJECT: CAMA /D & F
Applicant: Jeff Stokley /Stoked on the Water, LLC
Project Location: 313 Canal Dr., adjacent to Carolina Beach Yacht Basin, Carolina Beach, New
Hanover County
Proposed Project: The applicant proposes to construct a new bulkhead waterward of the existing
failing bulkhead, reconfigure the existing docking facility, add a deck extension to
an existing deck and build a new rooftop deck over high ground at an existing
waterfront restaurant.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 15, 2021. If you have any
questions regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215

J)
v
A
m
N
[nA6
D --
0 �D
A
N
z�m
Az71
WOO
W
)
U nIN
10 1
:ODA
�? I
ri
I I' CIO
C) I O
D7\
1:j fT1
z n
G)
'm
O VI
C) —I
D
D
0 Z
C7 ED
D m
-i C)
O 3`
z�
cn
1 fi°ti
'-C
N ()
�>
Z m z
Z
mz \-.NputlNtlN-_.
VON
1os1'G 1
I
1
/
11
/
1
I
�
of
\
I
Tn
I
mo
1`
I
1
—
iy
I
z
Don
nzv
nmN
V
0
ZVO
O z
CO
S
zo
O
D
1
A
0
�ZU
NZU
U
D_
(7
W
U
BD
A;('IV
^NM=
U X U N
mz �jnDT
OwbZrlV
Zm
VVZUA?
K
OZr"
<mz
}
mUomm
m
n N In
N
z
Vim
�-3�tlsn 1
mo
rq>z RECEIVEp
z r-
AUG 0 g ?py�
DCM WILMINQTOAI N,,•

o
c�
C�}roiiv,� i,�ec.cln 71 J�li ('GIJCAIIO/J
..F l/7i�'
V.
--E
I
I?rolovsca -Roof Tip i
Sl`ofC.I,+�nE.
I
uRiti'wny
VCC.�
I
1
I
I
_11--
-Delve,
C R M t% v.--
/.40/
�a A1�k'� f�r�x_.cci Zj.�lkl�cc.�!:. il:,k'
�-'�r.3w"S �r C,'•aC�;y
5Girlt l

t tl oe.10 -�41u1
1-v"-vjrmi�ts1Z�S
R - .�
SN:y�bt�
�ow,xNO
F72e9k�( X70 x N Mar f (vt s
9
O

��0(JoSCCX b`�\in�ncp(� C'(PiACerv.-�.a' _Y LU
to
U
v Sher,
5el-st�,<
r — t r tzs ?(-t>po W4 pekJ
r t
' �— Gxrsfi �.5 �}cri'ol'ntc��
. t t Conecek.
I
\c I I
t
U
tio`
fffiv', (ac3 a i

p';-: -
a9�k�
GCrtr� t
�vwrics�
—�-��`'---�-�-'-�. `. f t~fit �c IRcrn�v�•�. ..i
- — — — � i - I —' �ro�usccj 2u�t •'Iota
Root; I
I
I
I
5't-oLCc� 3C '�I �KrS'� CC,r�J'x�l a„• �'�
a. � L1 Ctu b
�� rl
t bla�dra� 1
t
t �
•
-i
i
�,�'•.t 'nfccCl.
i
C.�fOlinc�
1
�UR5 ij1
{1�r
' b.
3,
RECEIVED
t
AUG 0 9 `P1
i I .
DCM WILMINGPUN, NC

. h
p.io
lit iiii,
j
•
h�
.`Y'M"4n+M1:t43dtF;l?tlNi+HfAY'!�1#�M�i'hL.t �r�i+'.•13�a.'Pogob r�tiikl
N
C-
4F
L
cz
w
N
O
0
RE
D

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: -�z�� �A r F'5
Fee: $ # 61Z623
CDAITS _ MHC cc
Applicant:
Agent/Contractor:
Project Site County:
Staff: 6L
District: Wilmington
Project Name:
Rover File: nta
River Basin:
Initial date of application submittal:
Date application "received as complete" in the Field office: t` rag L �
Permit Authorization: ❑ CAMA ❑ Dredge & Fill Poth
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: ❑Yes No PNA: ❑Yes "No
Photos Taken: Yes El No
Setback Required (riparian): Yes PNo
Critical Habitat: []Yes ❑No r4Not Sure
15 foot waiver obtained: Yes VNo
Hazard Notification Returned:
❑Yes $No
SAV: []Yes 5gNo ❑Not Sure
Shell Bottom: ❑Yes ❑No Not
Temporary Impacts: JXYes []NO
Sure
Sandbags: ❑Yes nNo ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county Ll1P: D§Yes ❑No
❑Yes ;5No
Moratorium Conditions:
Environmental Done:
Length of Shoreline:
❑Yes ❑No ❑NA
�As�sessment
Oyes ❑No t8NA
+ — 1`50 FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- os d
G
O , 06
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
❑ High Quality Waters (HQW) Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
El (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
0 (SY) Salt reed grass (Spartina
alternigora)
cynosuroides)
El IDS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata) ,
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
El No fee required - $0.00
❑ III(A) Private wi O&F up to 1 acre; 3490
III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
El 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
El Express Permit - $2000
acre; 4144 can be applied - $400
Major development extension request -
II. Public or commercial/no dredge
$100
and/or fill-$400
El 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
DWQ agreement - $400

a . - ff-d;
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
ChO000se
Chhonoese
Dimension 1
Dimension 2
Dimension 3
Dimension 4
New Wmrm
Replace
U
Maint ❑
—We—w—W­ork—W
[IY 1jiN
l
1 t
I
Replace
Maint❑
❑Y'WNNew
Work ra—
am
LJ r
Mt ❑
❑ YN
NewWorkl5
Maint ❑
Replace
❑ Y �LN
O
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
--
Maint ❑
❑ Y ❑ N
New Work 0
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
Habitat Name
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
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
ternimpacts)
(�JL�
impact amount)
15100
temp impacts)
amount
Dredge ❑ Fill !W Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733.2293 :: 1.888.4RCOAST :: www.nccoastalmaneaement.net revised: 02128r18

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
11/18/2021
Carolina Marine
Jeff Stokley
First Bank
12823
$400.00
major fee, 313 Canal Dr, Carolina
BH rct.
Construction, Inc.
Beach NHCo SPLIT 60/40
15976

Major Permit Fee Schedule
Project Name: F County: I v W 1" Check No & Amount: Jq )c
#(!3 Z3
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024361000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies -
III(A). Private, noncommercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No 4175 can be applied.
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concems related to
water quality or aquatic life'
III(D) If General Water Quality
00
60% ($240)
40% ($160)
Certification No. 4175 cannot be applie
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2021-02557 County: New Hanover County U.S.G.S. Quad: Carolina Beach

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Jeff Stokley
Stoked Restaurant
Address: 5208 Carolina Beach Road
Wilmington, NC 28412

Size (acres) Nearest Town Carolina Beach

Nearest Waterway Carolina Beach Yacht Basin River Basin Onslow Bay

USGS HUC 03020302 Coordinates Latitude: 34.037503; Longitude: -77.891884

Location description: The site is located in the Carolina Beach Yacht Basin at 313 Canal Drive,
Carolina Beach, New Hanover County, NC.

Description of projects area and activity: The proposal is to install a new naval style bulkhead an
average of I0' waterward of the existing bulkhead. It will be a 144' long by 30" wide bulkhead
on the waterward side of the property with two approximate 15' long by 30" wide return walls
on the northern and southern sides of the property. The proposed bulkhead will be located
just outside the building's drip line, underneath the existing wooden walkway. The new
bulkhead will range between approximately 2' to 20' waterward of MHWL due to the failure of
the bulkhead towards the center of the building which has allowed MHWL to encroach
underneath the building. The bulkhead will be backfilled with clean gravel and sand. The
existing walkway will be removed and replaced in the same footprint after the new bulkhead
work has been completed. This bulkhead will fill 1800 square feet of Estuarine Waters of the
US.

Secondly, the proposal is to relocate a section of the existing floating dock waterward to run
parallel with the USACE setback. Starting on the southern end of the property, approximately
45' of the existing 5' wide floating dock will remain in place, extending north from there,
approximately 45' of the existing 5' floating dock will be angled waterward approximately 20
degrees to run parallel with the USACE setback before connecting with the existing 26' x 5'
floating dock that runs perpendicular to the building. Finally, a further proposal is to construct
a 15' wide by 60' long triangular shaped deck expansion extending south from the existing
29'x22' fixed deck to encompass the area of open water between the existing walkway and the
newly relocated floating dock. This dock/deck expansion will cover and shade an additional
450 square feet of Estuarine Waters of the US.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Numbers: 197800056 & 197800080

Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at

http://www.fws.gov/nc-es/mammal/manatee_guidelines.p

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permits provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated June 20, 2021. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at [phone] or
[e-mail].

Corps Regulatory Official: ___________________________ Date: August 4, 2022
Expiration Date of Verification: December 31, 2026

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copies furnished by email:

Michael Conard (Carolina Marine Construction, Inc)

Bryan Hall (NC DCM)
Cameron Luck (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2021-02557 County: New Hanover County

Permittee: Jeff Stokley
Stoked Restaurant

Project Name: 313 Canal Drive / Stoked Restaurant / New Hanover / Jeff Stokley

Date Verification Issued: August 4, 2022

Project Manager: Gregory Currey

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 197800080
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the
U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the
Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO MAINTAIN, REPAIR, CONSTRUCT AND BACKFILL BULKHEADS AND
RIPRAP STRUCTURES ALONG ERODING HIGHGROUND SHORELINES AND
CONSTRUCT RIPRAP STRUCTURES TO PROTECT ERODING WETLAND
SHORELINES IN NAVIGABLE WATERS AND WATERS OF THE U.S. IN THE
STATE OF NORTH CAROLINA.
The following definitions should be used for purposes ofthis RGP:
a. Erosion: Land that is presently being worn away by the action of water or wind.
b. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by the
plane of the mean (average) high water. The precise determination of the actual location
of the line can be established by survey with the reference to the available tidal datum,
preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this RGP.
c. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
-1-
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will
be constructed in accordance with the latest setback criteria established by the
Wilmington District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the
Federally Authorized Channel Setback, unless the activity is approved by the Wilmington
District Corps of Engineers (Corps). The Permittee must submit the information
described in Special Condition "t" to the Corps and obtain approval from the Corps prior
to the construction of any structures within the Federally Authorized Channel Setback.
b. This RGP is applicable only for work along shorelines exhibiting erosion.
c. Bulkhead structures authorized by this RGP may be constructed of treated wood,
vinyl, concrete slab, steel or aluminum sheet, broken concrete, brick or rock, with or
without backfill material, conforming to the standards contained herein. Other
construction activities are not authorized by this RGP.
d. Riprap material must consist of clean rock or masonry materials such as marl granite
or broken concrete free of exposed wire and/or rebar.
e. All riprap material must be free from loose dirt or any pollutant and must be of a size
sufficient to prevent its movement from the site by current or wave action.
f. This RGP does not authorize the construction or placement of structures nor the
discharge of fill material within Department of the Army (DA) jurisdictional wetlands,
seagrass or submerged aquatic vegetation (SA V).
g. Bulkhead and riprap structure alignments authorized by this RGP may not exceed a
linear distance of 500 feet along any shoreline.
h. Bulkhead placement must not exceed an average of 2 feet and a maximum of 5 feet
waterward of the MHWM in tidal waters or the OHWM in non-tidal waters.
i. Riprap must be positioned so as not to exceed a maximum of 10 feet waterward of the
MHWM in tidal waters or the OHWM in non-tidal waters at any point along its
alignment. This location standard also applies to riprap proposed waterward of the
existing bulkhead.
j. Unless specifically approved by the Corps, all backfill materials will be obtained
from a high ground source and confined landward of the permitted bulkhead.
-2-
k. All construction and fill material will be clean and free of any toxic pollutants except
in trace quantities. Tires, car bodies, scrap metal, paper products, tree limbs and stumps,
asphalt and other metal products, organic materials and unsightly debris will not be used
as construction or fill material.
1. Fill material will only be placed landward of bulkheads or riprap structures that are
fully installed and that are impervious through structural tightness or the use of a suitable
filter cloth.
m. No excavation is permitted by this RGP except for that required for installation of the
bulkhead wall, deadmen and cables.
n. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all
proper steps to ensure the integrity of the permitted structure and the safety of moored
boats. The Permittee will not hold the US liable for any such damage.
o. If the permitted work is on lands subject to an easement in favor of the US for the
operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal
Waterway (AIWW), the Permittee will remove such structures and improvements at
his/her own expense in the event that, in the judgment of the Corps acting on behalf of
the US, the lands are needed at any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement.
p. This RGP is not applicable to any work on Atlantic Ocean beaches.
q. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued
by the North Carolina Division of Water Quality.
r. Stabilization activities shall not be conducted in such a manner as to impede water
flow into or out of any natural channel or stream.
s. Shoreline stabilization activity undertaken waterward of existing DA jurisdictional
wetlands is limited to the placement of riprap and must comply with the following
additional special conditions.
1. The height of the erosion escarpment must not exceed three feet.
2. The riprap must be placed immediately waterward of the erosion
escarpment.
3. The riprap must be positioned so as not to exceed a maximum of five feet
waterward of the erosion escarpment at any point along its alignment.
4. The riprap must be positioned so as not to exceed a maximum of six
-3-
inches above the elevation of the adjacent wetland substrate.
5. Where the Corps staff determine that insufficient wetlands or coastal
marsh exists along the Permittee's shoreline to provide adequate shoreline
stabilization, the Permittee shall be required to plant appropriate coastal
marsh or wetland species landward of the riprap structure as directed by
the Regulatory staff.
6. No construction or discharge of fill material shall take place within DA
jurisdictional wetlands.
7. No excavation of the shallow water bottom or any wetlands is authorized
for riprap structures protecting eroding wetland shorelines.
8. Temporary mats shall be used when crossing wetland areas with any type
of construction equipment and all mats shall be removed immediately
upon completing the construction activity.
t. Permittees must submit a pre-construction notification (PCN) to the Corps and must
receive written approval from the Corps prior to initiating any work for projects located
outside of the 20 Coastal Counties (subject to regulation under the Coastal Area
Management Act (CAMA)) or if other conditions of this RGP require the submittal of a
PCN. The PCN must include the following information and must be submitted to the
appropriate Corps Regulatory Field Office. You may apply online by using our website at
https://edocs.deq.nc.gov/Forms/Pre-Construction Notification Form.
1. Name, address, and telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community
and county.
3. A description of the proposed project and/or structure, including width of
structure and fill, distance from shoreline, type of materials, the amount of
proposed impacts to waters and/or wetlands and a photograph of the area
to be stabilized. The description should be sufficiently detailed to allow
the Wilmington District Engineer to determine that the adverse effect of
the project will be minimal and to determine the need for compensatory
mitigation. Project drawings should be provided when necessary to show
that the activity complies with the terms of the RGP. (Drawings usually
clarify the project and when provided results in a quicker decision.
Drawings 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).
u. Any large woody debris present at the edge of the water shall be left in place or,
moved temporarily and replaced after the stabilization work is complete. If large woody
-4-
debris is moved and replaced, the debris must be adequately anchored, of sufficient
weight, or installed in a manner that prevents relocation in most wave action or water
flow conditions, except for extremely severe storms. Large woody debris is natural wood
(trees, limbs and roots) that is greater than 4" in diameter and greater than 6' in length.
v. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any of North Carolina's twenty coastal
counties be proposed by a Federal agency, a consistency determination pursuant to
Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the
North Carolina Division of Coastal Management before the onset of the proposed
activity.
General Conditions
a. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place within waters or
wetlands, at any time in the construction or maintenance of this project. This RGP does
not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area. This prohibition applies to all borrow and
fill activities connected with this project.
b. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued
by the Nmih Carolina Division of Water Quality.
d. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter
113A Article 4).
e. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee
to prevent the full and free use by the public of all navigable waters at or adjacent to the
authorized work for a reason other than safety.
-5-
f. The Permittee understands and 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/her 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, 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.
g. The Permittee, upon receipt of a notice of revocation of the RGP for the verified
individual activity, may apply for an individual permit, or will, without expense to the US
and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
h. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section
14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that
has the potential to take possession of or make use of for any purpose, or build upon,
alter, deface, destroy, move, injure, or obstruct a federally constructed work or project,
including, but not limited to, levees, dams, jettys, navigation channels, borrow areas,
dredged material disposal sites, flood control projects, etc., shall be permitted unless the
project has been reviewed and approved by the appropriate Corps approval authority.
The Permittee must submit the information described in Special Condition "t" and obtain
approval from the Wilmington District Engineer prior to the initiation of any activity that
has the potential to modify or conflict with a federally authorized project.
i. 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: CESA W-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: [e-mail].
j. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is
being performed or maintained in strict accordance with the Special and General
Conditions of this RGP.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed federal
project.
-6-
n. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the US in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
o. Authorization provided by this RGP may be modified, suspended or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this RGP
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any
claim for damages against the US Government.
p. No activity may occur in a component of the National Wild and Scenic Rivers
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, 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
designation or study status. Information on Wild and Scenic Rivers may be 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,
etc.)
q. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee
provides the Corps with a certification from the Secretary of Commerce that the proposed
activity is consistent with the purposes of Title III of the Marine Protection, Research and
Sanctuaries Act. Information on marine sanctuaries may be obtained at
http://sanctuaries.noaa.gov/#MN, Permittees may not begin work until they provide the
Corps with a written certification from the Department of Commerce.
r. In cases where the Wilmington District Engineer determines that the activity may affect
properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
-7-
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHP A) have been satisfied. Permittees must
submit the information described in Special Condition "t" to the Corps if any properties
subject to the above criteria may be affected by the proposed project. The Permittee may
not begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological remains and
artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum
extent practicable, avoid construction activities that may affect the remains and artifacts
until the required coordination has been completed. The Wilmington 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.
t. No activity is authorized under this RGP which is likely to jeopardize the continued
existence of a threatened or endangered species directly or indirectly 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 RGP which "may affect" a listed
species or critical habitat, unless Section 7 consultation addressing the effects of the
proposed activity has been completed*. Information on threatened and endangered
species and their critical habitat can be obtained directly from the Corps field offices, the
USFWS field offices or at the following web addresses: http://www.fws.gov/ or
http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html. Permittees must submit
the information described in Special Condition "t" to the Corps if any listed species or
designated critical habitat may be affected by the proposed project. Permittees may not
begin work until notified by the Corps that the requirements of the ESA have been
satisfied and that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian manatee and if
the activity might affect the manatee, the Permittee does not have to submit the
information in Special Condition "t" to the district engineer as long as the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information in Special
Condition "t" to the district engineer if the project meets the criteria in General Condition
"v".
u. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines,
and strictly adhere to all requirements therein. The guidelines can be found at
https:/ /www.fws.gov/raleigh/pdfs/ManateeGuidelines2017 .pdf
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted with
the United States Fish and Wildlife Service (Service) in regard to the threatened Northern
-8-
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to 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 ofNorth 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 U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a Nationwide Permit (NWP) or an RGP (RGP) must check
to see if their project is located in the range of the NLEB by using the following
website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone. pdf. 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 required 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 a red HUC.
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:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. 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/raleigh/NLEB RFO .html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
-9-
• tree clearing/removal, construction/installation of wind turbines in a red
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 HUC.
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, or all applicable RGP terms and general
and special conditions, and if the Permittee's review under A.(1) 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 red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
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 in a red HUC, but the activity will NOT include 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 Corps 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 Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all General and Regional
Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are
met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHWA have conducted
-10-
programmatic Section 7(a)(2) consultation for a number of federally listed species and
habitat, and programmatic consultation concerning other federally listed species and/or
habitat may occur in the future. The result of completed programmatic consultation is a
Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain
mandatory terms and conditions to implement the reasonable and prudent measures that
are associated with "incidental take" of whichever species or critical habitat is covered by
a specific PBO. Authorization under this RGP is conditional upon the Permittee's
compliance with all the mandatory terms and conditions associated with incidental take
of the applicable PBO (or PBOs), which are incorporated by reference in this RGP.
Failure to comply with the terms and conditions associated with incidental take of an
applicable PBO, where a take of the federally listed species occurs, would constitute an
unauthorized take by the Permittee, and would also constitute Permittee non-compliance
with the authorization under this RGP. If the terms and conditions of a specific PBO ( or
PBOs) apply to a project, the Corps will include this/these requirements in any RGP
verification that may be issued for a project. The USFWS is the appropriate authority to
determine compliance with the terms and conditions of its PBO, and with the ESA. All
PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. If the Permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the Permittee shall immediately
notify the Wilmington District Engineer so that required coordination can be initiated
with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service.
y. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This RGP does not authorize any activity prohibited by the National Flood Insurance
Program.
z. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the Permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
[e-mail].
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee
is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this RGP will automatically transfer this
RGP to the property's new owner, with all of the rights and responsibilities enumerated
herein. The Permittee must inform any subsequent owner of all activities undertaken
under the authority of this RGP and provide the subsequent owner with a copy of the
terms and conditions of this RGP.
-11-
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance
with 33 CFR 325 will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and
will be clean and free of any pollutants except in trace quantities. Metal products,
organic materials (including debris from land clearing activities), or unsightly debris will
not be used.
dd. Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or
revocation. Activities completed under the authorization of this RGP that were in effect
at the time the activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
.,------; Jt~ I
/ JI
9°;-. . ( (
'llmi . ennett
Colonel, U.S. Army
District Commander
-12-
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the
U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the
Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses, and boat shelters will be pile-supported or
floating structures.
2. Pilings, dolphins, jetties, and breakwater structures may be constructed of
wood, metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete,
or rock riprap.
3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize dredging or excavation, or the discharge of dredged,
excavated, or fill material within waters of the U.S., except for the placement of
structures for jetty, breakwater, or groin construction. This RGP does not authorize any
work on Atlantic Ocean beaches.
The following definitions will be used for purposes of this RGP:
a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by
the plane of the mean (average) high water. The precise determination of the actual
location of the line can be established by survey with the reference to the available tidal
datum, preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the
Wilmington District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP 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 must submit the information described in General Condition "y" and obtain
approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the
construction of any structures within the Federally Authorized Channel Setback.
c. This RGP does not authorize construction across or into any natural or manmade
channel or waterbody in any manner that may adversely affect navigation by the general
public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be
extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHWM) elevation contour (tidal areas), or the Ordinary High Water Mark (OHWM)
elevation contour (non-tidal areas), or one-third (1/3) the width of a waterbody,
whichever is closer to the shoreline, except as otherwise governed by the presence of a
Federally maintained channel.
e. The width of any pier will not exceed six ( 6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
f. The total square footage of shaded impact for docks and mooring facilities
( excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 800 square feet. In calculating the shaded impact, uncovered open water
slips shall not be counted in the total. The maximum size of any individual component of
the docking facility (excluding the pier) authorized by this RGP shall not exceed 400
square feet unless the Corps determines, in writing, that a greater width is necessary for
safe use, to improve public access, or to support a water dependent use that cannot
otherwise occur.
g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square
feet. Boatlifts will be open and will not exceed 400 square feet.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. Docks and piers extending over wetlands will be elevated sufficiently (minimum
of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or
other elements of the aquatic environment.
j. Groins, jetties, or breakwater structures shall not be constructed in wetlands,
seagrasses, and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1) Water depth at the docking facility location is equal to or greater than two feet
at mean low water level: and
2) The pier and docking facility are located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located over submerged aquatic vegetation
shall be allowed if the water depth between the bottom of the proposed structure and the
substrate is at least 18 inches at mean low water level.
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas), or the OHWM elevation contours.
n. This RGP does not authorize the installation of fueling facilities on authorized
structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas.
s. No jetty shall be constructed during the period between April 1 and September 30
unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations in water
elevation, will be designed so that the structure will not rest on the bottom of the
water body at any time, and will be secured in such manner as to not break away.
u. Breakwater structures will be no longer than 500 feet. They will have a minimum
of one-inch openings between standard width (6 to 12-inch) sheathing boards and at least
one, five-foot wide opening for each 100 linear feet of structure.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. It is possible that the authorized structure may be damaged by wave wash from
passing vessels. The issuance of this permit does not relieve the Permittee from taking all
proper steps to ensure the integrity of the permitted structure and the safety of moored
boats. The Permittee will not hold the US liable for any such damage.
x. This RGP does not authorize habitable structures or any structure or associated
facility for non-water related use.
y. Structures and their attendant utilities, authorized by this RGP, located on lands
subject to an easement in favor of the US for the operation, maintenance, improvement,
and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the
expense of the Permittee, in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the US, the lands are needed at any time for any purpose
within the scope of the easement. Permanent buildings will not be constructed within the
easement.
z. This RGP does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
aa. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any of North Carolina's twenty coastal
counties be proposed by a Federal agency, a consistency determination pursuant to
Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the
North Carolina Division of Coastal Management before the onset of the proposed
activity.
General Conditions.
a. Except as authorized by this RGP or any Corps approved modification to this
RGP, no excavation, fill or mechanized land-clearing activities shall take place within
waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
b. Authorization under this RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of
the applicable Clean Water Act Section 401 Water Quality Certification for this RGP
issued by the North Carolina Division of Water Resources.
d. The Permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this RGP must not interfere with the public's right to
free navigation on all navigable waters of the U.S. No attempt will be made by the
Permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for a reason other than safety.
f. The Permittee understands and agrees that, if future operations by the US 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/her 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 US. No claim shall be made against the US on account of any such
removal or alteration.
g. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the US
and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
h. This RGP does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or
limit an agency's ability to conduct necessary operation and maintenance functions. Per
Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no
project that has the potential to take possession of or make use of for any purpose, or
build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work
or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow
areas, dredged material disposal sites, flood control projects, etc., shall be permitted
unless the project has been reviewed and approved by the appropriate Corps approval
authority. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Engineer prior to the initiation of any
activity that has the potential to modify or conflict with a federally authorized project.
i. 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: SA [e-mail].
j. The Permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this permit.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed
federal project.
n. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the US in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
o. Authorization provided by this RGP may be modified, suspended, or revoked in
whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this
RGP shall be five (5) years unless subject to modification, suspension, or revocation.
Any modification, suspension or revocation of this authorization will not be the basis for
any claim for damages against the US Government.
p. No 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, 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
designation or study status. Information on Wild and Scenic Rivers may be 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,
etc.)
q. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee
provides the Corps with a certification from the Secretary of Commerce that the proposed
activity is consistent with the purposes of Title III of the Marine Protection, Research and
Sanctuaries Act. Information on marine sanctuaries may be obtained at
http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the
Corps with a written certification from the Department of Commerce.
r. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit
the information described in General Condition "y" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The Permittee may not
begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. 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 Wilmington District Engineer of what you have found, and
to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The
Wilmington 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.
t. No activity is authorized under this RGP 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 RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed*. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "y" to the Corps if any listed species or designated critical habitat may
be affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian Manatee and
if the activity may affect the manatee, the Permittee does not have to submit the
information in General Condition "y" to the District Engineer as long the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information described in
General Condition "y" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the US Fish and Wildlife Service (Service) in regard to the threatened Northern
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to 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 U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a RGP must check to see if their project is located in the
range of the NLEB by using the following website:
http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. 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 required 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 a red HUC.
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:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. 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/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• Tree clearing/removal, construction/installation of wind turbines in a red
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 HUC.
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 RGP
terms and general and special conditions, and 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 red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
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 in a red HUC, but the activity will NOT include 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 Corps 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 Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all RGP general and
special conditions are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHW A have
conducted programmatic Section 7(a)(2) consultation for a number of federally listed
species and habitat, and programmatic consultation concerning other federally listed
species and/or habitat may occur in the future. The result of completed programmatic
consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These
PBOs contain mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" of whichever species or critical
habitat is covered by a specific PBO. Authorization under this RGP is conditional upon
the permittee's compliance with all the mandatory terms and conditions associated with
incidental take of the applicable PBO (or PBOs), which are incorporated by reference in
this RGP. Failure to comply with the terms and conditions associated with incidental take
of an applicable PBO, where a take of the federally listed species occurs, would
constitute an unauthorized take by the permittee, and would also constitute permittee
non-compliance with the authorization under this RGP. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements
in any RGP verification that may be issued for a project. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its PBO, and with the
ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. If the Permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the Permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
y. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory
Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre-
Construction Notification Form.
1. Name, address, email and/or telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community,
and county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description must be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings must be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings must 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).
z. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This RGP does not authorize any activity prohibited by the National Flood Insurance
Program.
aa. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the Permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
[e-mail].
bb. The Permittee must maintain any structure or work authorized by this permit in
good condition and in conformance with the terms and conditions of this permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or
work. Transfer in fee simple of the work authorized by this permit will automatically
transfer this permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The Permittee must inform any subsequent owner of all activities
undertaken under the authority of this permit and provide the subsequent owner with a
copy of the terms and conditions of this permit.
cc. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance
with 33 CFR 325 will be available.
dd. Except as authorized by this RGP or any Corps approved modification to this
RGP, all fill material placed in waters or wetlands shall be generated from an upland
source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials (including debris from land clearing activities), or unsightly
debris will not be used.
ee. Except as authorized by this RGP or any Corps approved modification to this
RGP, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this RGP will remain authorized provided the
activity is completed within twelve months of the date of the RGP's expiration,
modification, or revocation. Activities completed under the authorization of this RGP
that were in effect at the time the activity was completed continue to be authorized by the
RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
r_,---/ ·~ ~ ~~z,/ __ _ I .,,/ / ,·
---/~amirr 1. Be .·· ett --
co1one1, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
3

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.

Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.