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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