HomeMy WebLinkAbout31-22 Atkinson, CharlesPermit Class
NEW
Permit Number
31-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Charles Atkinson, 1908 Scotts Hill Loop Rd., Wilmington NC 28411
Authorizing development in Pender County at adi. to AIWW. at 1908 Scotts Hill Loop Rd
in Wilmington , as requested in the permittee's application dated 11/28/22 (MP -I & MP-
4), including work plan drawings (2) Sheets 1 of 2 dated 11/28/21 and Sheets 2 of 2 dated 12/5/21
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
i. tnese terms may oe suoject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the boatlift, 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 authorizes 1 additional formalized boat slip for a maximum of 3 formalized boat slips at
this docking facility.
(See attached sheets for Additional Conditions)
i nis permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
i
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Charles Atkinson
ADDITIONAL CONDITIONS
Permit No. 31-22
Page 2 of 3
3) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from
the mean high-water line or the waterward edge of any coastal wetland vegetation which borders the
water body, whichever is more restrictive.
4) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access
5) 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.
6) 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.
7) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) 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
10) 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.
11) 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.
12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
Charles Atkinson Permit No. 31-22
Page 3 of 3
ADDITIONAL CONDITIONS
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
Quality Certification 4501 and assigned the project DWR Project No. 20220030.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 197800056 (Action ID SAW-2022-00077).
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.
DCM Coordinator: Lyc , Permit #: 3 1 _ 7 Z
MAILING DISTRIBUTION SHEET
�1
Agents: `) . MA�n=
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington %kC (OBJECTIONS )
US ACOE Offices: _P r
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: wic
Liz Hair (Carteret, Onslow, Pendery
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Environmental.Review@ncdcr.gov
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berrie, 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: Maria Dunn (WARO)
Natural Heritage Program Rodney Butler
LPO:
(NCDOT) Travis Wilson
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMLTTAL AND PROCESSING RECORD
APPLICANT: Charles Atkinson COUNTY: Pender
PROJECT NAME: 1908 Scotts HUI Loop
LOCATION OF PROJECT:1908 Scotts Hill Loop, ad. to AIWWITopsai! Sound, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-22-21
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: Dail
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 1-10-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 3-7-22
NO
RECEIVED
JAN 0 5 NZ2
To Be Forwarded: N/A DCM-MHD CITY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $250#24174
END OF NOTICE DATE: 1-31-22
DEED REC'D: Yes
150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 1-5-22 STATE DUE DATE: 1-31-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
5
DCM — LUP Consistency Determination
X
Local Permit Officer
�--
Corps of Engineers — Regulatory Branch
DWR-401 Section
SIC
jk�L150 'WZ 20ZW3o
DWR-Public Water Supply
6
DEMLR - Stormwater
DEMLR - Sed and Erosion
DOA — State Property Office
I
Wildlife Resources Commission
DMF — Shellfish Section
p
DMF — Habitat & Enhancement
L11D
()
DNCR — Archives & History
70
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
2
x
�� t ..r6.Jl_.`•v
ni tr
!•'I�� r�i e,it'
,
Recommendations for State Permit — Charles Atkinson
The total area of the existing and proposed structures was calculated as follows:
Shoreline length = +/-460 ft. x 8 sq. ft = Capped at 2,000 sq. ft. allowable.
Existing:
Platform —16' x 16' = 256 sq. ft. (counts toward 2,000 sq. ft. allowance)
Floating dock —1 @ 8' x 16' = 128 sq. ft. (counts toward 2,000 sq. ft. allowance)
Boatlift —12' x 13' =156 sq. ft. (does not count toward sq. ft. allowance)
Proposed:
Boatlift — 13' x 14' = 182 sq. ft. (does not count toward sq. ft. allowance)
Total (existing) = 384 sq. ft.
Total proposed = 0 sq. ft.
Total 384 sq. ft
The proposed development would provide formalized dockage for a total of three (3) vessels.
The existing/permitted pier and fixed finger piers were authorized to extend approximately 250'
into the waterbody, which measures approximately 700' across, which is CONSISTENT with
NCAC 07H .0208 (b)(6)(G). The application also appears to be CONSISTENT with the
remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate
the maximum allowable platform area, the 15' riparian setback and federal channel setback.
Provided the resource agencies do not have any concerns regarding significant adverse impacts
resulting from the proposed project, this office has no objections to the issuance of a permit.
RECEIVED
JAN 0 5 2022
DCM-MHD CITY
Q nn � / North Carallna Deparlmera of Errvlranmmul Qn+lny I Division of Coamal Management
./ Wilmh+gcon Office 1127 Cwxliml Drive E# .km I Wilmington, North Carolina 29405
�+� / 910.7%.7215
DCM Coordinator Cam Luck
County:
12N
Circle on • Bio Report ermit for:
Oversize Plans sent: A--
WIRO E-MAIL DISTRIBUTION SHEET
A
Permit #: ' +'
DCM Offices: N I K
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 (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington:
�i Hair (Pender & Carteret Co): PN, CL, Reports, Split Sheet
use both
9°ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet
H/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources:
c-401 (BR/NH): PN, CL, Reports, Split Sheet _
lolley Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet
V+ John Perry 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:
- ---------------------------
m Harding
DCM PlannerlWIRO:
VMike Christenbury
Cultural Resources:
✓Renee Gledhill -Earley Environmental.ReviewCo)ncdenrgov—
Natural Heritage Prog.
Rodney Butler_
DCA-Rural Eco. Dev:
Mark Ziegler
NC DOT:
VIjavid Harris
Wildlife Resources:
iKAana Dunn wlReports
State Property Office:
✓i'm Walton: DEED
ike Moser _
anda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
Jeremy Humphrey (Bio) / _
J4haron Gupton, Admin. _
DEMLR:
.Christine Hall - Stormwater Section _
Xan Sams - Land Quality Section
"Heidi
Public Water Supply:
Cox _
City of Wilmington:
Kalh
Enforcement:
Field Rep:
Co. LPO
Agent:
DISTRIBUTED: I "I 1 r-�-
RECEIVED
JAN 0 5 2022
DCM-MHD CITY
r AAAA/Qbe.,n l ;"
MEMORANDUM
To: Cameron Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination- Charles Atkinson - Pender County
Date: March 15, 2022
Consistency Determination:
This project is consistent with the Pender County Comprehensive Land Use Plan Update.
The applicant proposes to construct a new 13' x 14' boatlift at an existing docking
facility, creating a total of three (3) formalized boat slips. The project is located at 1908
Scotts Hill Loop Road, adjacent to the AIW W in Pender County.
I have reviewed this proposal for consistency with the Pender County Comprehensive
Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
Waters at the project site are classified as SA-ORW and are open to the harvesting of
shellfish. The area is not a Primary Nursery area. Areas of Environmental Concern are
PT and EW.
Pender County allows development in Conservation classified AECs, which is consistent
with the State's minimum use standards. The Pender County Comprehensive Land Use
Plan contains some policies, which exceed the State's minimum use standards. However,
none of these policies appear to be applicable to this project.
This project appears to be consistent with the Pender County Comprehensive Land
Use Plan Update.
Cc: FILE
RECEIVED
MAR 1 51011
NAP SECTION
DCM - MHD CITY
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
January 5, 2022
A it
2 tl 'e
as
NORTH CAROLINA
EAvlronmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck()NCDENR.00v
SUBJECT: CAMA
Applicant: Charles Atkinson
Project Location: 1908 Scotts Hill Loop Rd., adj. to the AIWW(Topsail Sound, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to install a new 13' x 14' boatlift at an existing docking
facility, creating a total of three (3) formalized boat slips.
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 January 31, 2021. If you have any
questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/ Recreational Water Quality
SIGNATURE KoLI/u B,Lfor
Shannon Jenkins
RECEIVED
DATE 01/10/2022
JAN 10 2022
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
D ���
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
`
°m"�" ���
910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
January 5, 2022
NORTH CAROLINA
EnvtronmentarQuanty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
Cameron. luckCcDN CD ENR.gov
SUBJECT: CAMA
Applicant: Charles Atkinson
Project Location: 1908 Scotts Hill Loop Rd., adj. to the AIWW/Topsail Sound, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to install a new 13' x 14' boatliR at an existing docking
facility, creating a total of three (3) formalized boat slips.
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 January 31, 2021. If you have any
questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. Two slips existing and 1 proposed totaling 3 slips'
PRINT NAME Wanda Hilliard
AGENCY State Prooery Office
SIGNATURE RECEIVED
DATE January 19, 2022 JAN 2 1 710
MP SECTION
DCM • MHO CITY
DEQ�p North Carolina Department ofEnvlronmentalQualityIDivisionofCoastalManagement
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405
42M�'� 910.796.7215
Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
January 19, 2022
TO: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
camcron.luck zNCDENR.gov
FROM: Wanda Hilliard
Real Property Agent
Department of Administration
Pamela B. Cashwell
Secretary
Tim Walton
Director
Applicant: Charles Atkinson
Project Location: 1908 Scotts Hill Loop Rd., adj. to the AIWW/Topsail Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to install a new 13' x 14' boatlift at an existing docking facility,
creating a total of three (3) formalized boat slips.
Please confirm that the facilities are not located within the 1000'USACE AIW W easement area. If not, then the
State Property Office has no comment on the proposed project.
RECEIVED
1AN 212022
MP SECTION
DCM - MHD CITY
State of North Carolina l State Property Office
116 West Janes Street, Suite 4055 11321 Mall Service Ctr. I Raleigh, NC 27699
9842360270 TI Web: http.,//www.ncspo.com
eReceived: 01/11/2022
State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Dfn ctor
January 5, 2022
NORTH CAROLINA
Environmental Quality
ER 22-0120 Due: 1/19/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.lucklc)NCDENR.aov
SUBJECT: CAMA
Applicant: Charles Atkinson
Project Location: 1908 Scotts Hill Loop Rd., adj. to the AIWW/Topsail Sound, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to install a new 13' x 14' boatlift at an existing docking
facility, creating a total of three (3) formalized boat slips.
Please indicate belowyour agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by January31, 2021. If you have any
questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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
AGENCY State Historic Preservation Office
RECEIVED
SIGNATURE
IIII .IAN a 12022
DATE January 20, 2022
MP SECTION
�. ACM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 29405
mwn�e.,wm..mwen,�
910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 5, 2022
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: 252-247-3330 (Courier 11-12-09)
cameron.l uckA NCDENR.gov
SUBJECT: CAMA
Applicant: Charles Atkinson
Project Location: 1908 Scotts Hill Loop Rd., adj. to the AIWW/Topsad Sound, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to install a new 13' x 14' boatliff at an existing docking
facility, creating a total of three (3) formalized boat slips.
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 January 31, 2021. If you have any
questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached,
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME 4 a n... 1 . �R n IQ
AGENCY NCAP- Q'; RECEIVED
FFA 03
SIGNATURE n, `.►1
MP SECTION
DCM - MHD CITY
DATE 2' Z - 2.72'7
North Carolina Department of Envlronmcmal Quality l Division of Coastal Management
-. -: Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolhna28405
o iw
o° """"°""°'ate s✓ 910.796.7215
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
January 5, 2022
FROM:
SUBJECT:
Applicant:
Project Location:
NORTH CAROLINA
EAWMarneamlQlrattty
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NG 2a557
Fax:252-247-3330 (Courier 11-12-09)
cameron.luckANCDENR qov
CAMA
Charles Atkinson
1908 Scotts Hilt Loop Rd., adi to the AIWW/ropsall Sound, Wilmington, New
Hanover County
Proposed Project:!The applicant proposes to install a new 13' x 14' boatlift at an existing docking
facility, creating a total of three (3) formalized boat slips.
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 January 31,, 2021,- It you have any
questions regarding, the proposed project, contact Jason Dail at (910) 796-7221,whemappropriate, .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
qp. ( comments.
PRINT NAME r ail. a I- tC a
40ENGY &I bed . U SJ- 6o rv,
SIGNATURE'
DATE
Q5 NorthCarolina DepartmentoP£nvhonmentN Quality I Divislpn aPCoastsi Management
Wllmtngton Office 1127 Cardinal Drive£ztemion I W1IM419t0n.N0nhCaMIIna2&4GS
nJLw�w.ww,am 910. n6.7215
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 5, 2022
MEMORANDUM
NORTH CAROLINA
Envlronmentaf Quaf[ty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: 252-247-3330 (Courier 11-12-09)
cameron.luck a7NCDENR.gov
SUBJECT: CAMA
Applicant: Charles Atkinson
Project Location: 1908 Scotts Hill Loop Rd., ad/. to the AIWWITopsail Sound, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to install a new 13' x 14' boatlift at an existing docking
facility, creating a total of three (3) formalized boat slips.
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 January 31, 2021. If you have any
questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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.
X 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 Kimberlee Hardi
AGENCY NCDMF
SIGNATURE /)/W&MAV, Y%
DATE 02/10/2022
RECEIVED
FEB 1 0 2012
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental QmUty. I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
omnr vnmmmaeb\ /��
910.796.7215
41
ROY COOPER
Governor
ELIZABETH S. BISER
Seaaary
KATHY B. RAWLS
Director
TO: Cameron Luck, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: Charles Atkinson -new boatlift
DATE: February 10, 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Major Permit application for proposed actions that impact fish and fish
habitats: The applicant proposes to install a new 13' x 14' boatlift at an existing docking
facility, creating a total of three formalized boat slips. The waters of the AIWW are
classified SA-ORW by the Division of Water Quality. The project area is not designated as a
Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and is open to the
harvest of shellfish.
Though the DCM field representative did not find Submerged Aquatic Vegetation (SAV) in
the proposed project area on their site visit in February 2021, SAV is known to grow along
the shoreline of this property and SAV was mapped under the existing docking facility in
2015. Water depths in the vicinity of the existing platform and floating dock range between
-2 and -2.5', relative to Mean Low Water (MLW). These depths are sufficient to minimize
impacts caused by floating structures and boat slips, however turbidity created from in -
water -work can negatively impact SAV growth.
Submerged aquatic vegetation serves as the basis for premium habitat for many coastal fish
and invertebrates. The SAV habitat is so important that special efforts are required to
protect and enhance water quality and physical conditions for its propagation and
distribution. For these reasons, the N.C. Division of Marine Fisheries would request that a
moratorium on in -water work, from 1 April to 30 September to reduce any negative
impacts on critical SAV habitat, fish life history activities, to include spawning migrations
and nursery functions.
Contact Kimberlee Harding at or Kimberlee.Harding@ncdenr.gov with further questions or
concerns.
RECEIVED'
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252a26-7021
FEB 1 0101P
MP SECTION
DCM - MHD CITY
Application Review Checklist
Letter A Z 2 Z 75
Placard Comment 3
Applicant
11M
G '"�'�S
JAL
F+T�rt 11 �js�
Pub A Comlfi.,t
Agent
\
./y�yhy
,1
Computer I A I
�(
�VOrii
TDWR
Deficiency Letter?
ACK Date
2 DWR Statements
Physical Address
I KJQ S�O�s � 11
LW
?A.
,V A , Field
%
U� Rep.
iu4� t�—i{orcl..
AECs
PTJ F-vi
Habitat
Designations
Development
_ j, vJ Buffer
Riparian Notification?
Green Card?
Signed Form?
Ohl
Waive 15'
Fee Schedule
.. 11K��
WNW
,�
y
Water
Dependent
Ja L A�s)�r
�/ Deed?
From r rights
From Property line
, I
J .(, I
�
' 5 r
/n1
H1�
t��l�
� S xrMkl/4
PH or
width?
Nav/Channel Proximity
Residential
Commercial
Wcalculations
8ft'or27ft'
N/A
ISSUES OF NOTE
vw� 13'
2 • S '
14vik AM
is' �,,I-btic 6j,4.,
Permit Checklist
Major Development Permit #
Excavation/Fill
Applicant
Address
County
Physical Location including
It il'l96 1ii9
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Fee
MPl
MP2
MP3
MP4
MPS
I I
\V ZS
USACE SAW #
Additional Comments On Back
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Charles Atkinson
2. LOCATION OF PROJECT SITE: 1908 Scotts Hill Loop Road, adjacent to the Atlantic
Intracoastal Waterway (AIWW) and Topsail Sound, in Wilmington, Pender County.
State Plane Coordinates - Lat: 34018'09.54"N Long: 77044'22.69"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/15/21
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 12i22/21
Completed 12/22/21
Office- Wilmington
6. SITE DESCRIPTION:
(A)
Local Land Use Plan — Pender County
Land Classification From LUP - Conservation
(B)
AEC(s) Involved: PT, EW
(C)
Water Dependent: Yes
(D)
Intended Use: Private
(E)
Wastewater Treatment: Existing - None
Planned - N/A
(F)
Type of Structures: Existing — Two -slip docking facility
Planned — Boat lift (creating 31 slip).
(G)
Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
]AREA]
DRMC:Gtl cn r un
(A) Vegetated Wetlands (Mixed coastal &
404-type)
(B) Non -Vegetated Wetlands
182 sq. ft.
(Open water
(incorporated)
(C) Other
(D) Total Area Disturbed: 169 sq. R. (0.01 acres)
(E) Primary Nursery Area: NO
(F) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to install a new 13' x 14' boatlift at an existing
docking facility, creating a total of three (3) formalized boat slips.
RECEIVED
JAN 0 5 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
_ Wilmington Office 1127 Cardinal Drly Extension I Wilmington, North raroBgK�K� _MHD CITY
41"'aa""'•""'"\ /'� 910.796,7215 LJ �./tVl
Charles Atkinson
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 1908 Scotts Hill Loop Road, adjacent to the AIW W, in Wilmington,
Pender County. To locate the property from the WIRO office, drive north on NC Highway 17
and turn right onto Scotts Hill Loop Road. Follow Scotts Hill Loop Road approximately 1.9
miles and the property will be located on the right hand side of road.
The property consists of a 2-acre parcel that is situated on land that is approximately 13-15 feet
above mean high water (MHW) and is vegetated primarily with lawn grasses. A single-family
residence occupies the highground portion of the property. The shoreline (approximately 460
linear feet) is natural (no man-made shoreline protection features), and coastal and 404-type
wetlands extend waterward from the high ground, a distance approximately 150 linear feet.
Groundsel bush (Baccharis halimifolia) and Bulrush (Scirpus spp.) are among some species that
vegetate the area immediately waterward of the transition zone. Waterward of this zone, Smooth
Cordgrass (Spartina alternii lora), intermixed with Glasswort (Salicornia spp.) and Sea Lavender
(Limonium carohnianum), span along the tidal flat a distance of approximately 125' before
reaching the open water area of the AIWW. The width of the waterbody measures approximately
700' from marsh to marsh in this location (marsh line extrapolated across channel opposite
property). Submerged aquatic vegetation (SAV) is present along the shoreline of Scotts Hill
Loop Road, but a historical search of aerial photography and a February 2021 site visit (during
low tide) did not reveal evidence of any SAV in the proposed project area.
Currently, a pier and platform exist at the property and both were authorized under CAMA
General Permit GP#19142, which was issued on 7/30/1997. The permit authorized construction
of an access pier (5' x 385') and a fixed platform (16' x 16'), boatlift (12' x 13') and a floating
dock (8' x 16'). The permittee has maintained the facility since permit issuance and has made
repairs when necessary. Water depths in the vicinity of the existing platform and floating dock
range between -2 and -2.5', relative to Mean Low Water (MLW).
The waters of the AIW W are classified SA-ORW by the Division of Water Quality. The project
area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries and is OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to install a new 13' x 14' boatlift at an existing docking facility, creating
a total of three (3) formalized boat slips.
As proposed, the applicant is requesting authorization to construct a three -slip docking facility by
installing a new 13' x 14' boatlift along the southern side of the existing platform. As designed,
the boatlift would accommodate a 3rd vessel at the facility. Based on the site plan drawing, it
appears the proposed boatlift would be located within the applicant's riparian corridor, just
outside of the 15-foot riparian corridor setback. RECEIVED
JAN 0 5 2022
North Carolina Department of Environmental Qualhy DCM-MHD CITY
I Division of Coastal Management
Wilmington Office I t27 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215
Charles Atkinson
Page 3
10. ANTICIPATED IMPACTS
The proposed boatlift addition would result in the incorporation of approximately 182 square feet
of Estuarine Waters and Pubic Trust Area. No impacts to Coastal Wetlands or any SAV should
be impacted as a result of the project.
The proposed development would be located within the applicant's riparian corridor, outside of
the 15' riparian corridor setback on both sides and would be constructed outside of the federal
channel setback, well within t/e of the width of the waterhody and within the established pier -
head line. Turbidity associated with the piling installation should be kept to a minimum.
Submitted by: Jason Dail Date: 12/30/21 Office: Wilmington
D Q2�
RECEIVED
JAN 0 5 2022
DCM-MHD CITY
North Carolina Department of Environmental ()valhy I DI Uion of Coastal Management
Wilmington office 1127 Cardinal Drtve Extension I WiYningtM North Carolina 28405
910.796.7215
®CM MFt
APPLICATION forF;_.
Mayor Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
9 Primary Appllcar►t/Landownerinformq(tlon t,r+
'Project
Business Name
Name (it applicable)
Applicant 1: First Name
ate- I� s
MI
Last Name
J J sow
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
ZIP ,Country
23Y It
Phone No.
ql o - (, SG- 051/l3wt.
FAX No.
Street Address (ddifferent from above)
City
State
ZIP
Email
2 Agent/Contrec orl ormafion
u
Business Name
n
as��a�
Agent/ Contractor 1: First Name
MI
Last Name
AgenUC tractor2: FlirstName
MI
Last Name
Mailing Address
PO Box
city
State
r/
ZIP
Phone No. 1
Phone No. 2
9 D - 3 /
- 9 S1 ext.
-
ext.
FAX No.
Contractor N
Street Address (if different from above)
City
State
ZIP
Email
RECEIVED
RECEIVED
uti. %'l. CUGI
<Form continues on baclo JAN 0 5 2022
DCM WILMINGTON, NC
252.808-2808 .. 1-030-4RCOAST .. www.nc cons talmanag .net
Form DCM MP -I (Page 2 of 4)
APPLICATION for
Major Development Permit
3, Project Location
Courpin be multiple) Street Address
�Jl
State Rd. #
A j ) , c'NCyPt�o3 �0/
Subdivision Name City State
Zip
IJ Yo,� a,e
d suit
Phone No.
Lot No.(s) (if many, attedr additional page with list)
ext.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
liJ4,4 veL
I C L-2LJ
c. Is the water body Identified in (b) above, natural or manmade?
%Natural ❑Manmade ❑Unknown
d. Name the closest major water body to the proposed project site.
o I.sou..,e+
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city Ilmi[ the proposed
JR,Yes []No
work halls within.
.Deed"/ G"'Rk7
4. Site Rescdption
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
C. Size of individual toils)
d. Approximate elevation of tract above NHW (normal high water) or
V0.r7
NWL(normal water level) )cl r
(if many lot sizes, please attach additional page with a lisU
$NHW or ❑NWL
e. Vegetation I on tract//Ij / t�� /I
G fa,CPSC r, yl1✓'o� �,oa SWn I weV /QN�S/ %err % %,r r[6✓r
f. Man-made features and uses now on tract /(J )111
No4S b"cl//l"Ify) -No4'l((yy i (�oCl< bK [fc��c.dl Se CSC
j iJiP/ y
res)d,,Vja% c(StS.
g. Identify and describe the existing land uses adiacent to the proposed project site.
�5)de.�Fa1 hones
h. How does local government zone the tract?
L Is the proposed project consistent with the applicable zoning?
re A J d eftjQ
(Attach zoning wmplience certificate, it applicable)
C3Yes []No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? °vim .8fi° RECEIVE
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ,$No ❑NA
If yes• by whom? JAN 0 5 202
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o NA
National Register listed or eligible property? R
<Form continues on next page> DEC 2 2 2021
n
DCM WILMINGTON, NC
252-808-2808 .. 1.888-4RCOAST .. www. nccos 5 tat no anag omen t.net
Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ]PY-es []No
(ii) Are there coastal wetlands on the site? t9yes ONO
(iii) If yes to either (i) or (it) above, has a delineation been conducted? ❑Yas (:JNo
(Attach documentation, i/available)
n. Describe existingwastewatertreatment facilities.
JCra c �-
o. Describe existing drinking water supply source.
P. Describe existing Storm
' water management or�treeatment systems.
5ur'TaCe I'UNc -7+
5. AcdYffies and Impacts
a. Will the project be for commercial public, or private use? ❑Commercial ❑Publio/Government
(Jn 1 0 a�111r ,&Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when comple
wirl( allo«;, dpelc4sc o-� boob ;r ad boa /.`�d. 3oad ,c!/ be
�ociceAl 1, boAV. l: �d � tvn f 6e1 S a&ed
S�OraSC.
C. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each
of equipment and where it is to be stored. ee - / c�
rI r15 w) l/ h� user/ _f O 5rV p //'5Sr' �Ar�(A fOolS 7o I NS�C II l`
t'^ u!PM" '�( e b�lore6V o J sS1le.
d. List all development actMik3s you Ipropose.
e. Are the proposed activities maintenance of an existing project, new work, or both?
N Elmo wo ^ fL
f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq. Ft or []Acres
///�O rJ e_
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes „QNo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state. --
5U/17-COCr 1,CXl a1-f- RECEIV
I. Will wastewater or stonnwater be discharged Into a wetland? ❑Yas f RNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []NO
❑NA
j. Is mere any mitigation proposed?
❑Yes c ❑NA
If yes, attach a mitigation proposal. RECEIVED
<Form continues on back> DEC 2 2 2021
INGTON, NC
252.808-2808 :: 1.083.4RCOA8T :: www.nccos3talmanogement. net
=D
122
CITY
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionalln(ormation
in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application
insbuctim booklet on how to property prepare the required Items below.
a. A project narrative. - --- - -- -- --
b. An accurate, dated work pl:proposed.
g plan view antl cross -sectional drawings) drawn to scale. Please give the present status of the
Proposed project. Is any pdy complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed a
c. A she or location map that y detailed to guide agency personnel unfamiliar with the area to the she.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
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 (/fL ' N Phone No..
Address / 9061 5aX/5 1J'L/ Lt-an 120� P 2Y5///
Name 2asse// (If c;d lr Phone No.
Address /O g LLl r 04k _`0 c, LJ; /rr_ :2 &'`f //
Name i .�-----
- Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennihee, and Issuing dates.
h. Signed consultant or agent authorization forth, it applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. As amentof compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expendlture
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best rof /my knowledge. RECEIVED
Date _� 2��.2/ Print Name inn *
Signature JAN 0 5 2022 Please indicate application attachments pertaining to your proposed project. DCM-M H D CITY
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RFCE�VEC^
❑DCM MP-3 Upland Development
(DCM MP-4 Structures Information
DEC 2 2 2021
DCM WILMINGTON, NC
252.508 2606 .. 1.86a-4RCOAST .. www.ncco.stalmanagement.net
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 marina:
❑Commercial ❑PubliclGovernment VfPrivatetCommunity
❑This section not applicable
b. (i) Will the facility be open to the general public?
Dyes %o
c. (i) Dock(s) and/or plants) IVr¢
d. (i) Are Finger Piers included? Dyes gNO
(ii) Number
If yes:
(III) Length
(it) Number
(iv) Width
(iii) Length
(v) Floating Dyes [--]No
(iv) Width
(v) Floating ❑Yes []No
e. O Are Platforms included? Dyes DINO -
f. (1) Are Boatlifts included? C6.Yes ❑No
If yes:
If yes:
(ii) Number
(ii) Number —L
(iii) Length
r (iii) Length
(iv) Width
(iv) Width:
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (1) Number of slips proposed
In Check all the types of services to be provided.
1
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
5-0ther, please describe:
�riJP4 Gi ff$I(�CI 61OC [AS L
i. Check the proposed type of siting: j. Describe the typical boats to be served (e g., open runabout.
❑ Land cut and access channel charter boats, sail boats, mixed types).
❑Open water; dredging for basin and/or channel r u ,va 6 o..r� f RECEIVED
JF[Open water, no dredging required
❑Other, please describe:
JAN 05 2022
DCM-MHD CITY
k. Typical boat length: �r I. (1) Will the facility be open to the general public?
Dyes ®No RECEIVEL,
m. (i) Will the facility have tie pilings?
Dyes P5No
(ii) If yes number of he pilings? DEC 2 2 r P'
DCM WILMINGTON, NC
252-808-2808 :: f-$88-4RCOAST:: www.nccoastalmanagemgnt.net revised: 92i2T'06
Form DCM'MP-4 (structures, Page 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable
uw,,y oa„uary ,aconies mar wni oe mGuaeo m me pmposetl protect.
❑ Office Toilets
❑ Toilets for patrons; Number: ; Location: 1
❑ Showers
❑ Boatholding tank pumpout; 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 Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
/U A
g. Where will residue from vessel maintenance be disposed of?
14
In Give the number of channel markers and "No Wake" signs proposed. PA
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the manna policy on overnight and live -aboard dockage?
NA RECEIVED
k. Describe design measures that promote boat basin flushing? JA N 05 2022
L If this project is an expansion of an existing marina, what types of services are currently provided?
DCM-MHD CITY
RECEIVED
m. Is the marina/docking facilityDEC 22 421
proposed within a primary or secondary nursery area.?
Wes []No
ACM WILMINGTON, NC
282-808.2808 :: 1.888-4RCOAST :: w-nccaastalmanagem*nt.ne; revised: '1227'06
Form TSCM`NfP-4 (Structures, Page 3 of 4)
n. Is the marma/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ®No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected.
❑CW ❑SAV ❑SB
OWL None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ;9No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
I BOATHOUSE (including covered rifts) OThirs section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(ii) Number
(ill) Length
(iv) Width
Note: Roofed areas are calculated from dnpline dimensions.
4. GROIN (e.g., wood, sheeole, etc. if a rock groin, use Mp-2, Ercavatiat and Fi71.) This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) $This section not applicable
a Length _
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
& MOORING PILINGS and BUOYS 'This section not applicable
a. Is the structurs(s):
❑Commercial ❑Public/Government ❑Private/CommunHy
o. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
RECEIVED
d. Description of buoy (color, inscription, size, anch"'MV O C 20
2
2
e
RECEIVED
DEC 2 2 2021
DCM WILMI NGTON, NC
252-808.2808 :: 1.88"RCOAST :: www.nceo_a.staimanagement.not. revised: 12.27 06
Form DCM,MF-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
16 130'
Note: Forbuoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
�G
e. (i) Will navigational aids be required as a result of the project?
[]Yes [gNo ❑NA
(if) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at watenvard end of structure at NLW or NWL
. �2 ,
8. OTHER
❑ This section Trot applicable
U... u'uon.
i�ia$ /af
Dal
Project Name _
Applicant Name
Applicant Signature
252-808.2806 1-8884RCOAST :: www.accoestatmanayement. net
RECEIVED
JAN 0 5 2022
DCM-MHD CITY
RECEIVED
DEC 2 2 2021
DCM WILMINGTON, NC
revised: 12'27t06
2118/2021
Gmail - (no subject)
no zuba qct)
Jimmy North <jimmymnorth@gmail.com>
Draft
To: (, Ll5o"ba; // OlgPY
From: Jimmy North
6314 Wrightsville Ave.
Wilmington, N.C. 28403
910-231-8514
Jimmy North <jimmymnorthrrgmail.com>
Thu, Feb 18, 2021 at 12:17 PM
Job- C k(2 1e5 qkj'62Se)'J /Q08 )4"I'l ZOO roof,
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 th-, c-tifying authority review and take action on this
CWA 402 certification request within thO _ reasonable period of time.
Thank you,
Jimmy North
RECEIVED
iAN 05 2022
DCM-MHD CITY
RECEIVEC
DEC 2 2 711'
DOM Mlll-!`A!NGTON. NC
hops://mail.google.comlmaiUWO?ik=82ede64342&view=pt&search=drafts&pe"msgid=msg-a%3Ar-1162086899546980187&dsgt=l &simpl=%23msg-... 1 /1
ROY COOPER
Governor
ELIZABETH S. BISER
seo terry
BRAXTON DAVIS
00e
Coastal Marine Construction
C/o Jimmy North
6314 Wrightsville Ave.
Wilmington, NC 28403
Dear Mr. North:
NORTH CAROLINA
Envfron ntal Quality
December 30, 2021
The Division of Coastal Management hereby acknowledges receipt of your application, submitted on behalf of
Charles Atkinson, requesting authorization under the Rules of the N.C. Coastal Resources Commission for
development activities 1906 Scotts Hill Loop Road, adjacent to Topsail Sound, in Wilmington, Pender County.
It was received as complete on December 22, 2021, and appears to be adequate for processing at this time.
The projected deadline for making a decision on your permit application is March 7, 2021. An additional 75-
day review period is provided by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended review. However,
an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from December 22, 2021, you may request a
meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your
project Such a meeting will be held within five working days from the receipt of your written request and
shall include the property owner, developer, and project designer/consultant
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card to a
telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-
of-way where a private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if
you wish to receive a copy of my field report and/or comments from reviewing agencies.
9ield
rely,nRep septa
cc: WiRO - file
RECEIVED
Liz Hair, USACE JAN 05 2022
Holley Snider, DWR Charles Atkinson - Applicant -1908 Scotts If ill Loop Road, Wilmington, NC 284 11 DCM-MHD CITY
-�I/
D _E Q .- North Carolina Department of Environmental Quality I Division of Coastal Management
-J��' Wthnington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�"- r 910.796.7215
CAMA PERMIT
APPLIED FOR
!cant proposed to install a new 1'3' x 14'
sting dorkin-afacili v rr atina total of
COMMENTS ACTHROUGHCEPTED i
22
APPLICANT:
`190"cotts Hill Loop Road
c/o Jimmy North
(910) 231-8514
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�1
v. o oas a anagemen
127 Cardinal r. xt.
Wilmington, N _
ason a
ROY COOPER
t fi+vm
ELIZABETH S. BISER
BRAXTON DAVIS
Dnecmr. Pnu,m, nR mod Atrm,}emem
January 5, 2022
GanLegPubNotices@gannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice:
• Charles Atkinson
Hello: Please publish the attached Notice in the Monday, January 10, 2022 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, 910-796-7226 (Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
& Customer Assistance
cc: Cameron Luck - MHC
WIRO file
USACE
RECEIVED
JAN 0 5 2022
St ofNohhCmdnm,FsvimnmenWQ lityICoavelM'..g DCM-MHD CITY
127 Cmdmd D.e Fi., Mm lto, NC 29405 9197%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 application was submitted for a development permit in an Area. of Environmental
Concern as designated under the CAMA: On December 30, 2021, Charles Atkinson proposed to install a
new 13' x 14' boado at an existing docking facility, creating a total of three (3) formalized boat slips at
1908 Scotts Hill Loop Rd, adj. to, the A1WW in 1111mington, Pender County. A copy of the application can
be examined or copied at. the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal
Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 January 31, 2022 will be considered in malting the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
JAN 0 5 2022
DCM-MHD CITY
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Mailing Address: Igi 0 S SC.Y/5 ; �0.12
Phone Number: sL 9/0 $6 -O 5 y
Email Address: A
I certify that I have authorized 1.J . Ot4
Agent I Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development. 14 � f 7
at my property located at 1gi0 S? S eo q/s J-/; d L d .�.4" leol,
in Pcjcpr,- County.
I furthermore certify that I am authorized to grant and do in fact grant permission to
Division of Coastal Management stafT, the Local Permit Officer, and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Infornation:
Signature
Gl-{RRL�s �TK��SOr�J
Print or Type Name
Title
r 1 3 f 3021
Date
RECEIVED
JAN 05 2022
DCM-MHD CITY
RECEIVED
This certification is valid through I 1 DEC 2 2 7 ?"
QCM WILMINGTON, NC
N.G. DtYISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIRCATION/WAIVER FORM
CERTIFIED MAUL • RETURN RECEIPT REQUESTED or HAND DEf IVERV
(TOP portion to be completed by owner or their agent)
Name of Property Owner: C N 6y^ I r A`✓ lL I N s o
Address of Property: ( (� O c' � c'-' WS N% (( L o : f /�J' L) ' lr A) P 2 Y,///
Mading Address of Owner.
Owner's errWI:
Agent's Nane: "q) m n `x "n�-tL
Agent's Ernad-
Owner's Phone#: Gl /D -
Agefd Phone*
ADJACENT RIPARIAN PROPERTY OWHER'S CERnRCATION
(Bottom oodion W be oomatetad by Ow AtSasedd PrenadtrE7Mnyer)
1 hereby cw* that I awn property adjecerAto Aa above rekwwwed property. The #tkAdld applying forAMa
pemit has desabed to me, as shown on ttm adadad drasilg, the dslraiopmerrt dwyme I; g I g.
I DO NOT have objections b tlds proposed. I DO have obiotdans to this proposal.
Arm now mydasro m w m UNWW F+orUWNR 7W mum nary Ode mu. mvmon w [:aa"m
t A/an&gwmm (M Amfa drys ofOlaf" if 0wraWandmos shmM be
lIM/eidMf27owdkufDr►mEXn,Mb3bwtm%NC2MK(Rrlflfapre—lerlfh,m &%vb&con&elsdaf
(9tO) 7li7215. Ns response is considwed oho some as no rvyew bavv_bow noatBad by
t:srElrisd fifr7.
I understand that any Ptaposed pier, dodo. noorhg p4lQk t0Wm'm99.. brealmovier. boaalorain s. lift, or groin
must be set beds aminira . diafanoe of IS! *mnj area of t�rUra cress mess waived by me (this
does rat apply to brida®ds or rWw revabmn ls} (if ymiw®h is aA*o the selba& you motet slnn the
appropriate Wady below.)
I DO wish to waive somclaf of the W setback
Signature of Adjacent Ripanane Ptoperty Owner
-OR-
I do not wish to waive the 15' setback mWar n ent (initial the blaft) _
Sigrahua of Ad)acennt RJWM Property Owner. G `
TypsdlPrirtted name of ARPO: A-8c AQ L S
MaiNng Address of ARPO: 1 O® L(� VL Oil f� LAryC rut uAI A)�A �r > 5 e
il
ARPO's amaa:'s
Oats: 'waiver is valid for up to one year from ARPO's Slpnature•
Revisaal WiF260D
RECEIVED DEC 2 2 02i
JAN 05 P022 DCM WILMINGTON, NC
DCM-MHD CITY
■ Complete IniittlInem�IIs 1, 2, and
II 3. II A. S
I II�10V
[ Ildlllo 111 OIL AA L reverse X
so that we can return the card to you.
■ Attach this card to the back of the mailpiece, a. R
or on the front if space permits.
1. ArOde ca Addresd to: D. Is
v 0, C- /qA.aslY7
Igoc/ 6WHS /`le7/600P
�rrlFl/A.-51 DN/lJ. �,
IIIIIIIII IIII IIIIIII III (IIIIIII IIIIIII (IIII III
9590 9402 7055 1225 0886 58
n Am1, Nnmher )rransrer rram serv/ce /ype/)
7020 3160 0001 9590 4010
F$ Form 3811, July 2020 PSN 7530-02000-9053
G Agent
❑ Addia
nted Name) C. Date of Deli
17 ❑ Yes
❑ No
DEC 2 2 2021
J. SSMCB Type
❑Adult SignaNre
❑ Priority Men Etpraseb
❑ Adult Signature Restricted Delivery
❑ CertN'red Mail®
❑ Registered Mailr-
0 iatered Mall Restricted
❑ Certified Mall Restricted Dejwry
❑ Odllect on DeGvary
❑ Signature ccnfl m ti
0 collect on Delivery Restricted Delivery
❑ Signature conMnatlon
Restricted Delivery
^ Insured Mall
Insured Mall Restricted Delivery
Lover$500)
Domestic Return Receipt
■ Complete items 1, 2, and 3.
A. Signature
■ Print your name and address on the reverse
so that we can return the card to you.
X
E3 Agent
■ Attach this card to the back of the rn shoats,
or on the front if space permits.
6, tAmu,ad dy fP/)tired
❑ Addm64e
0. Date of Delivery
1. Article Atldressed to:
O. Is delivery arld
If VEB, enter del
frtxn Item 17 ❑Yes
0No
ICC2 LIie 04/c 4411C.
DEC 22
V Y'V//
IIIIIIIIIIII
MIIII
1111111111111111111111111
3 Service Type
11
❑ prwty Mail Express
I
9590 9402 7055 1225 0886 65
OAdaRsignsureRes cedpeliyery
[ D�meafiead�1Fastdnedoeiivary
0RegisteredMalpa
Delivery
Delivery�"�;'.'�„o °�
RECEIVED
2. Article Number (7ians/er /turn saMce)aear1
o
0 Collect on Delivery
❑ Coned on Deiiv Restricted Dell,"0 Signature conrirmanon
7020 3160 0001 9590 4027
$ Mell Restdeted Delivery
Restricted Da rvary
JAA�NI O�y� 2022
pS Form 3811, JUIy 2020 PSN 7530-02-000-9053
1� /�� �/
DCIVI—IV+TID CITY ► ��
y 443
'gillse said point also being in the dividing line between the R. L. Foy land arrd Tract No. 19
!n the division of the F. N. Foy Estate. From the above describW point rune with the No.
dividing line an en old wire fence North 3H degrees east, 161 feet to s Pipe >n the run said
of ¢
branch; thence up and with the n:n of the branch Lhe various eoursea thereof, ¢ Northwesterly
direction, 733.3 fast to an iron pipe At the head of the branch; thence South 36 degrees 30
minutes West, 237 feet to a pipe In the above mentioned right-of-way line; theme with the
Northern right-of-way line of said Scotts N111 Ioop Road the following cou+see and distances,
South feet
degrees 30 ;thesminutee Fast, 366 teat to a pipe; thence South 55 degrees 40 minutes East,
258,7 feet to a pipe; thence South 66 degrees Esat, 153 feet to the point degrees
Beginning, con-
taining A.1 acres. mere or lava, and being the soma as shown on a sap eade by V. W. Harlevich
dated Mav 30, 1968.
ng g Together ith all and singular, the lands, tenesents, easameiis and appurtenances thereunto b
Lunging to the parties of the ascend part, their heirs and assigns, Forever,
And the said parties of the first part do covenant that they are seised in fee and have the right to convey the same in fee simple; that the said premises in
same are free and clear from encumb-
rancesl and that they will WARRANT and DLFffiID the said title to the mama free
the claims of all pro -
eons whomsoever.
IN WITNESS WHEREOF, the parties of the first do hereunto at their hands and seals, all the
day and year first above mitten.
Rab rt L F = (SgAL)
Robert L. Foy, Sr.
Bessie P F y (SUL)
Bessie P. Poy
STATE OF NORTH CAROLINA
COUNTY OF READER
I, Billie Went Blake, a Notary Public in and for the State and County aforesaid, certify that
ROBERT L. FOY, SR- and wife, BESSIE P. FOY each peraccully care before roe this day and acknowledged the
due execution of the foregoing Lnstr MMt for the purposes therein exprossad.
Witness IV hand and seal, this let day of July, 1969.
By coomi.eeion expires: 2/12/69 Billie Weal Blake N P (Suy)
Notary public
North Carolina, Pander County
The foregoing (or annexed) certificate of Billie West Blake, N. P, is certified to be correct.
This 26 day of July, A.B. 1968.
Hugh Overstreet. J
Register of Dead,
Filed for registration on the 26th day of July 1968 at LO:00 .,dock A. M.
.STATE OF NORTH CAROLINA
,hCOUNTY OF FENDER
J N 05 2022
TRI9 DE®, Hade and inheres into this let day of July. 1968. by and between R0EMT L. TOYt JR.
and wife. MADELINE G. FOr of pander County, North Carolina, parties of the first part; end CNARiffi H. ATHINSON and wife. OLORIA 8, ATKINSON of Ponder County, North Carolina, parties of the second part;
W I THE SSET H: D M-MHD CITY
That the said parties of the first part, in consideration of Ter (*W-OO) Dollars and other
good and valuable considerations to then paid by the said parties of the second part, the raseipt of which is hereby acknowledged. have give:, granted, bargained and sold, and by these presents do give,
grant, bargain and sail and convey unto the said parties of the second part. their heirs and assigns, a
tract or parcel of Land in Topsail Township, Finder County, North Carolina, bounded and described as follows. t .itI Rfi CE VEG
BBODMMO At a pipe in the Northern right-of-way line of the Southern section of Scotta Hill
(nap Reed; said pipe being located 2175 test as measured in a Southeasterly direction alneyan t� D
said right-of-way line from its intersection with the centerline of U, S, Righway No, 17 atV-'E - 2021
Scotts Hill, Runs thence with said Northern right-of-wav line South 53 degrees 30 minutes
0rI4A N11 AAI GTON. NC
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
January 5, 2022
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: 252-247-3330 (Courier 11-12-09)
cameron.luck(a)NCDENR.gov
SUBJECT: CAMA
Applicant: Charles Atkinson
Project Location: 1908 Scotts Hill Loop Rd., adj. to the AIWW/Topsail Sound, Wilmington, New
Hanover County
Proposed Project: The applicant proposes to install a new 13' x 14' boatlift at an existing docking
facility, creating a total of three (3) formalized boat slips.
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 January 31, 2021. If you have any
questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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
AGENCY
SIGNATURE
DATE
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
JAN 0 5 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
/ 9 0 8 SroYls M; /l Lo.,o /aot
S r/o ;,�.,e
1 I So
o�
I -
w�
mo.Ari S
� /p4L�uc Da/c L,u
Af
O HLW
I RECEIVED
JAN 0 5 2022
15 DCM-MHD CITY
l�rrc.w
RECEIVED
n �
i DEC 2 2 2021
t CM WILMINGTON, NC
�ru/J�Src/ t 2wrcw
13x�u'isocy 3 4i-
Li Jrt
I 2 ii
fih8/9-
/ II
!cT-�
SD seG��
"c) aHW-Woa
ZZOZ 9 0 W
a3n13038
0
u
r
0
0
N
wil
y`
RECEIVED
DEC 2 2 20 1
DCM WILMINGTON, NC
Applicant: I ex&It-
Date: Q
2, 7N • Zit'
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
se
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
O
O
New Work
Maint ❑
El Y N
New Work
Rep c
Maint ❑
❑ Y ❑ N
New Work El
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y [IN
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
Habitat Name
TOTAL Sq. FL
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
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
temp im ads
impact amount)
tamp impacts)
amount)
Dredge ❑
Fill ❑
Both ❑
Olh
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 ❑
Htl.tlVtu
JAN 0 5 2022
919-733-2293::1-888-4RCOAST:: www.neeoastalmanaaement.net LJVIVt-M Q-1QT0 25, 18
NC Division of Coastal Management
Major permit Application Computer Sheet
AE=G, A ww
Fee: $ it N
CDAITS _ MHC cc
Applicant:
Agent/Contractor: r
rit
Project Site County:
N e
Staff: 70
District: IMlmlngton
Project Name:
Rover File: n/a
River Besin: r
Initial date of application submittal:
Date application "received as complete" in the Field office: Z , 2 , u
Permit Authorization: AMA 0 Dredge & Fill El Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: es ❑No PNA: ❑Yes o
Photos Taken: Yes ❑ NoU Setback Required (riparian): Yes ❑No
Critical Habitat: []Yes o ❑Not Sure
15 foot waiver obtained: ❑Yes o
Hazard Notification Returned:
[]Yes No
SAV: ❑Yes No ❑Not Sure
Shell Bottom: ❑Yes AgNo ❑ Not
Temporary Impacts: ❑Yes ,)�No
Sure
Sandbags: ❑Yes o ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LLIP/1911es ❑No
❑Yes,,VNo
Moratorium Conditions:
Environrpental Assessment Done:
Length of Shoreline.
❑Yes �'No RNA
❑Yes No ❑NA
"r/ NJ . FT
,Development
Shellfish Area Designation:
Project Description: (code)
Area: (code)
en r- Closed
/
< p. a/ 4-- e--
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spertlna
❑ (SY) Sall reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Sall or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (rypha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salttmeadow grass (Spartina
roemerienus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490 1 ❑ III(D) Pnvpublic or comm w/ D&F to 1
can be applied - $250 acre. 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre, 4144 can be applied - $400
❑ Major development extension request -
❑ It Public or commerciallno dredge
EE
J G
$100
1 and/or fill - S400
1
I. Private no dredge and/or fill --$250
LJ III(C) Priv public or comm w /D&F to 1
acre: 4144 can be applied. DCM needs
DWO agreement - $400
DCM_Mnv �•
Major Permit Fee Schedule
Project Name: Cam'%`i�40 ^- County:
n/0'. M-5f
Check No & Amount: A&7 : ?9 r-
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$z50
100% ($250)
�% ($�)
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, non-commercial
development. if General Water Quail:
$250
100% ($250)
0% ($0)
Certification No. 4175 can be appli
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"/0 ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life
Hilo) If General Water Quality
Certification No 4175 cannot be applied .
$400
60% ($240)
40% ($160)
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
RECEIVED
JAN 0 5 2022
DCM-MHD CITY
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
1/3/2022
Coastal Marine
Charles Atkinson
Wells
24174
$250.00
major fee, 1908 Scott's Hill Loop,
JD rct.
Piers Bulkheads
Fargo
Wilmington PnCo NO split
16110
v
0
�
D
Z
3:11
m
=
n
o
N
o
N
N
m
M
p
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
August 4, 2022
Regulatory Division
Action ID No. SAW-2022-00077 General Permit No. 197800056
Mr. Charles Atkinson
1908 Scotts Hill Loop Road
Wilmington, North Carolina 28411
Dear Mr. Atkinson:
Through coordination with the North Carolina Division of Coastal Management we have
learned of your request to expand an existing docking facility by installing a third boat lift,
within waters adjacent to the Atlantic Intracoastal Waterway (AIWW), at 1908 Scotts Hill Loop
Road, in Wilmington, Pender County, North Carolina. Coordinates are: 34.303492 N, -
77.739847 W.
On January 1, 2022, we renewed general permit No. 197800056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and
boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the
United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act
of 1899.
Your work is authorized provided it is accomplished in strict accordance with your
submitted plans, the enclosed general conditions, and the following special conditions:
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans received on 5 January 2022, which are a part of this permit.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As
this Department of the Army regional general permit does not relieve you of the responsibility to
obtain any other required approvals, you should contact appropriate State and local agencies
before beginning work.
-2-
Thank you for your cooperation. If you have questions, please contact Liz Hair, of the
Wilmington Regulatory Field Office, email: sarah.e.hair@usace.army.mil.
Sincerely,
Liz Hair Project Manager
Wilmington Regulatory Field Office
Enclosure:
GP 56 conditions
Plans dated 11/28/2021 and 12/5/2021
CAMA Permit No. 31-22
Electronic Copy Furnished:
Coastal Marine Construction-Jimmy North
NC DCM- Cameron Luck/Amanda Cannon
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 WWeb-NAV@usace.army.mil.
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 (910) 251-4633.
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 (910) 772-2191 or email Coast Guard Fifth District at
cgd5waterways@uscg.mil.
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