18-17 Cherry Holdings LLC

t Permit Class
NEW
Permit Number
18-17
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
vermtrt
RECEIVED
FEB 0 7 2017
for n�,A ��
X Major Development in an Area of EnvironmeQCMmM u , D CITY
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Cherry Holdings, LLC, 2020 Queens Rd. W, Charlotte, NC 28207
Authorizing development in New Hanover County adi. to Banks Channel. at 5 Sandy Point,
Wilmington , as requested in the permittee's application dated 12/6/16. incl. attached
workplan drawings (3), 2-3 of 3, dated Received DCM Wilmington 12/6/16, and i dated Received DCM Wilm 1/25/17.
This permit, issued on February 3, 2017 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Anv violation of these terms may
)e suoject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Dockine Facility
1) This permit authorizes only the reconstructed docks, piers, 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 reconstructed docking
facility without permit modification. No non -water dependent uses of structures shall be conducted
on, in or over Public Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconstructed docking facility. Any sewage discharge at the reconstructed docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2020
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
r-01z Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Cherry Holdings, LLC
Permit No. 18-17
Page 2 of 3
ADDITIONAL CONDITIONS
The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third parry.
4) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 4 formalized boat slips.
6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
7) This permit does not authorize any tie pilings associated with Slips 2 & 3.
8) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
9) The authorized platform shall not be located over Coastal Wetlands at time of construction.
10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
General
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
12) 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.
13) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
14) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
1C'E: future development of the permittee's property may require a modification of this permit.
f PA ^ (Qontact a representative of the Division at [phone] prior to the commencement of any
Mach activity for this determination. The permittee is further advised that many non -water
LU dependent activities are not authorized within 30 feet of the normal high water level.
T, ghs permit does not eliminate the need to obtain any additional state, federal or local permits,
titpprovals or authorizations that may be required.

Division of Coastal Danag in-eIlflt
Annlication Processine Notes
Applicant: i/le Z1/� {� ° r—O i" 6 U-C
Type (check all that annly)
NEW MAJOR MOD MINOR MOD RENEWAL _TRANSFER
Permit Coordinator: 4 COPIS -
Field Representative: S Pp, ( L
Date/Time
Messaize
Aka YQc) P-eQaAeST� 'S "Oe UI EU xgw /nI 7 Z T 0"10i
fob Io RPPUtA-97'�00
Yz.S V10r.ISPVVIW
Z/3 ,SewT J�I�fT - 1-1) C,L�I, Or/ g 68 FO212q/rcrin/ _
c,qZ,� w��r},db � �v�� tnN�2.+u> �nrnrFR rSs�r.lc6,
RECEIVED
FEB 0 7 2017
DCM- MHD CITY

*DCM Coordinator:— a Permit #: ) if11 -7
MAILING DISTRIBUTION SHEET
Permitee:
Agents: c�`Xh1-eASA'2 dJ CD71Si%+(� Co�U sn�JCi - 5 Cw� x
DCM Field Offices
Elizabeth City
Wash'
Wilmington
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
DCM/
Fisheries Specialist
I\LNZ1719
DMF/
Shellfish Sanitation:
State Property:
Water Resources:
Washington:
Wilmington:
DEMLR
Washington:
Wilmington:
Wildlife Resources:
LPO:
Fax Distribution:
(with revised work plan drawings)
Raleigh Bland
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
TqEa�y
Liz Hair
ee Gle
eidi ox'�
Joey White (WARD)
Shane Staples
.�-,rggT—wff,
Patrick Riddle (PN/ON)
Shannon Jenkins
jl Walt
Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Anthony Scarbraugh-401
. .. 01 1
[a 'j ml 73 v.
Scott Vinson-Stormwater
e ctte� oStorv`r
Maria D
FL-24 f"i -0&)L--J
&tf Gr crh`< s ,ice f r✓h�
Permitee
Agent #:.

};ea Vm
COW" Ch,Urk-1
C ,r- os5 set,+, % . pkk
Vairi-iCal S 4^4
�rawt� by
iz- s-
1)ro'�� GT'
1 ) Lt
0
~
W
�
U
> o
0
�
U m
W LIJ
g
FJCEIVEh
AN 2 5 2017
BY:

PAT MCCRORY
Gore.
DONALD R. VAN DER VAART
secrelmy
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY Director
RECEIVED/NWENR/DWR
December 21, 2016
DEC 21 2016
TO: Robb Mairs
401 Wetlands Water Quality Regional
Operations Section
DWR-WiRO Wilmington Regional Office
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm. NC 28405 heather. [e-mail]
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel /Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
_ Please indicate below your agency's position or viewpoint on the proposed project and
Ireturn this form to Heather Coatslat the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
yAdditional comments may be attached*" NC , Wrl �%rl'1
/ This agency has no comment on the proposed project. GdhC,arrL� C11
wm) I
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED VWJ/ 64� TED
ECEIVE`D
FEB 07 2017 RECEIVED
DCM WILMINGTON,
M
DCM—
DCM- U gNa I y JAN 2 2 2017
Smtc ofNoM CmoGaaI6nvvoCo ,
127 CWmel Driw EV., Wilmington, NC 2995
910-796-7215

Coastal Management
ENVIROMMENTAL QUALITY
December 21, 2016
TO
FROM:
SUBJECT.
Applicant:
Project Location:
PAT MCCRORY
l:nvmw
DONALD R. VAN DER VAART
S ,,7v ry
BRAXTON DAVIS
rhnanr
6a t}- 0034
Renee Gledhill -Early
Dept. of Cultural Resources
Archives & History t
Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext... Wilm., NC 28405 heather.coals(a7ncdenr.aov
Fax [phone] (Courier 04-16-33)
CAMA Application Review
Cherry Holdings, LLC
t�lY�t'i-
5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington. New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated- See attached.
This agency objects to the project for reasons described in the attached
�comments 7
SIGNED' *� �S� �Gl. d t1 DATED `• Zj t
RECEIVED
FEB 0 7 2017
we of NoM Cmhm 1 F.Yuumed Ii QuWy CmW MrMge DCM- MHD 2
C�TY1]
I V Cmdmal [love EMI., Wilmingu IL NC 23405 � � S 9 0f1'',
410-746.7215

Coastal Management
ENVIRONMENTAL QUALITY
December21, 2016
TO:
Ben Hughes
NC Dept. of Transportation
NH Co. & BR Co.
RECEIVED PAT MCCRORY
Govemor
DEC 29 2016 DONALD R. VAN DER VAART
Se,newy
NC DOT
DiSTRICT3 BRAXTON DAVIS
rnreanr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached'"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATED (- /i
ke-
RECEIVED 13`
RECEIVED
FEB V 7 2017 DCM WILMINGTON, NC
JAN 0 9 2017
Slate of NOnh Carolina I EnYnonmenmQrMzJAH. 11C ITY
127 Cardinal Dnve Ent., Wilmington, NC 28405
910-796-7215

PAT MCCRORY
Governor
�.a
DONALD R. VAN DER VAART
Secretary
Coastal Management BRAXTON DAVIS
Direclar
ENVIRONMENTAL QUALITY
��62128P9�p /
tiati '�'
December 21, 2016 ti DEC 2016 n
ti TO: Maria Dunn o RECEIVED
NC Wildlife Resources Commission a�
For WiRO
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(..ncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
✓ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED RECEIVED DATED /-6-'011
N, NC
FEB V 7 2017 DCM\NILMtNG C
DCM- MHD CITY
JAN 0 9 2011
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 28405
910-796-7215

Coasta(Management
ENVIRONMENTAL QUALITY
December 21, 2016
TO:
Gregg Bodnar
Fisheries Resource Specialist
DCM, Morehead City
PAT MCCRORY
Govemm
DONALD R. VAN DER VAART
Secmmrr
BRAXTON DAVIS
Awtor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(�ncdenr.00v
Fax: [phone]'YCourler 04-16-33J
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coatslat the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached" RECEIVED
This agency has no comment on the proposed project. FEB 0 7 2017
This agency approves of the project only 9 the recommended Chan as
are incorporated. See attached. DC9-
Ml-1® CITY
This agency objects to the project for reasons described in the attached
comments.
l
SIGNED DATED b t
RECEIVED
DEC 2 9 2016
Sim. ofNo#b Cemhna I Environmental Quality I C—W Mamgaaent
127 Cumul Drive Em., Wilmington, NC 28405 910-7W7215 DCM— _ _lgV/Y7FID CITY

Coastal Management
ENVIRONMENTAL QUALITY
December21, 2016
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
se—Iory
BRAXTON DAVIS
Director
DEC212m,
�ivrsior,
MRO.nE,o..
Heidi Cox • u66c0/alerguop
Assistant Regional Engineering Supervisor
Public Water Supply-WiRO
Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(Dncdenr.aov
Fax: [phone] (Courier 04-16-33)
CAMA Application Review
Cherry Holdings, LLC
hl
5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. RECEIVE
"Additional comments may be attached'"
FEB 0 7 2017
This agency has no comment on the proposed project.
1)�(�++�ll MHD CITY
This agency approves of the project only if the recommendtR'I�FFanges
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED G
DATED // / //
RECEIVED
DCM WILMINGTON, NC
JAN 0 5 2017
SUM of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215

0
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403.1343
31 January, 2017
Regulatory Division
Action ID No. SAW-2017-00167, General Permit No. 197800056
Southeastern Coastal Construction
Attn: Mr. Stephen Conway
6252 Towles Road
Wilmington, North Carolina 28409
Dear Mr. Conway:
Through coordination with the North Carolina Division of Coastal Management, and on
behalf of Cherry Holdings, LLC, we have learned of your request to remove an existing docking
facility and replacing the docking facility in a different location and configuration at 5 Sandy
Point, Figure 8 Island, adjacent to Banks Channel/Middle Sound, in Wilmington, New Hanover
County, North Carolina. Coordinates are: 34.26433 N,-77.75144 W.
On January 1, 2017, we renewed General (Regional) 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 Harbor's Act of 1899. General Permit No. 198700056 expires December 31, 2021.
Your work is authorized provided it is accomplished in strict accordance with your
submitted plans, the enclosed general and special conditions.
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.
RECEIVED
FEB 07 2017
DCM- MHD CITY

-2-
Thank you for your time and cooperation. If you have questions, please contact Mr. Tyler
Crumbley, of the Wilmington Regulatory Field Office, telephone: [phone].
Sincerely'b Tyler ey, ProjeWManagge
Wilmington Regulatory Field Office
Enclosure:
GP 56 conditions
Copies Furnished (without enclosure):
Ms. Heather Coats
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Doug Huggett
North Carolina Department of
Environmental Quality
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Robb Mairs
Division of Water Resources
North4lina Department of
i� Envi ental Quality
UJ l�anr al Drive Extension
@n, North Carolina 28405
W
LU
V
0

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www saw usace army mil/MissionsfRegulatoryPennitProeram.aspx
General Permit No. 197800056
Name of Permittee: General Public -
Effective Date: January] 2017
Expiration Date: December 31.2021
DEPARTMENT OF THE ARMY
GENERAL (REGIONAL) PERMIT
A general permit to perform work in or affecting navigable waters of the United States
and waters of the United States, 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 Avenue
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 UNITED STATES IN THE STATE OF NORTH
CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
All piers, docks, boathouses and boat shelters will be pile -supported or
floating structures.
2. Pilings, dolphins, jetties and breakwater structures maybe constructed of
wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete,
or rock riprap.
VjEDENED
FEB 01 2017
DCM_ MH® CiTY

3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize excavation or the discharge of excavated or fill material
within Waters of the US, 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 should be used for purposes of this regional general permit
(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 (OHWMZ 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.aspxx. This general permit
does not authorize the construction of hardened or permanently fixed structures within
the Federally Authorized Channel Setback, unless the activity is approved by the Corps.
The permittee must submit the information described in General Condition "x" 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 "x"
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 general pernut does not authorize construction across or into any natural or
�manmade channel or waterbody in any manner that may adversely affect navigation by
& general public.
LL
ci
0

d. Piers, docks, boathouses, boat shelters and piles authorized by this general permit
may be extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHW M) 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 General Permit 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 `' 1
of water at mean low water level: and ac ��1 V E
2. The pier and docking facility is located to minimize the area of submerged RG
aquatic vegetation under the structure. FEV3 0 2Q1�
1. Floating piers and docking facilities located over submerged aquatic vegetation fi®
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 QHW M elevation contours.
n. This general permit does not authorize the installation of fueling facilities on
authorized structures.
o. Riprap groins shall not exceed a base width of l0 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.
I. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations of water
elevation, will be designed so that the structure will not rest on the bottom of the
waterbody 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. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast
Guard will be installed and maintained by and at the expense of the permittee.
x. It is possible that the authorized structure maybe 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
floats. The permittee will not hold the United States liable for any such damage.
o V y. This general permit does not authorize habitable structures or any structure or
=associated facility for non -water related use.
t`
o
n z. Structures and their attendant utilities, authorized by this general permit located
;i on lands subject to an easement in favor of the United States for the operation,
v maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway
0

(Af W W), 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 United States, 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.
aa. This general permit does not apply to structures within existing or proposed
marinas as defined by North Carolina Administrative Code, Title 15, Subchapter
71-1.0208(b)(5).
bb. 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 one of North Carolina's twenty coastal
counties or which could affect a coastal use or resource in any one 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 general permit or any Corps approved modification
to this general permit, 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 general permit does not obviate the need to obtain other
federal, state, or local authorizations.
c. All work authorized by this general permit must comply with the terms and
conditions of the applicable Clean Water Act Section 401 Water Quality Certification for
this general permit 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). RECEIVED
FEB 0 7 2017
DCM- MHD CITY

e. The activities authorized by this general permit must not interfere with the
public's right to free navigation on all navigable waters of the United States. 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 United States
require the removal, relocation, or other alteration, of the structure or work herein
authorized, or if, in the opinion of the Secretary of the Army or his/her authorized
representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the
Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused
thereby, without expense to the United States. No claim shall be made against the United
States on account of any such removal or alteration.
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
United States 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 United States to its
former conditions.
h. This General Permit does not authorize any activity that would conflict with a
federal project's congressionally authorized purposes, established limitations or
restrictions, or limit an agency's ability to conduct necessary operation and maintenance
functions.. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C.
408), no project that has the potential to take possession of or make use of for any
purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally
constructed work or project, including, but not limited to, levees, dams, jettys, navigation
channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall
be permitted unless the project has been reviewed and approved by the appropriate Corps
approval authority. The permittee must submit the information described in 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-GP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SAW Web-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 permed or maintained in strict accordance with the Special and General
Q Conditio f this permit.
W v
o
W =
U 6 m
W L
II v
Q

k. This general permit does not grant any property rights or exclusive privileges.
1. This permit does not authorize any injury to the property or rights of others.
m. This general permit does not authorize the interference with any existing or
proposed federal project.
n. In issuing this permit, 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 United States 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 permit.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this permit.
o. Authorization provided by this general permit 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 general permit 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 United States 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 general permit 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 per r(?�,e
provides the Corps with a certification from the Secretary of Commerce that the prayC Ew ED
FEB 01 Z017
DCM- MHD CITY

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 "x" 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 NHPA 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 general permit 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 N WP 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.eov/ or
hft://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.hW. Permittees must submit
the information described in General Condition "x" 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 might affect the manatee, the pennittee does not have to submit the
rmation in General Condition "x" to the District Engineer as long the permittee
®4wriplies with General Condition "u". Section 7 consultation has been completed for the
W I&hern long-eared bat and the pennittee must submit the information described in
oC&eral Condition "x" to the District Engineer prior to commencing the activity if the
N. sect meets the criteria in General Condition "v".
LLJ r
0
LLI
m r 8
U
X 0

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
httv://www.fws,gov/nc-es/mammal/manatee tntidelines.pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the United States Fish and Wildlife Service (Service) in regards to the threatened
Northern long-eared bat (NLEB) (Myords 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 Nationwide Permit (NWP) or a Regional General Permit
(RGP) must check to see if their project is located in the range of the NLEB by
using the following websitc:
http://www fws gov/midwest/endangered/mammals/nlcb/pdf/WNSZone.pdE 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.izov/asheville/htmis/pro*ect review/NLEB in WNC.html. For the
RECEIVED
FEB 0 7 2017
"^"A- MHD C'

eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
blWL://www.fWs.gov/raleiizh/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, construetion/instatlation of wind turbines in a red
HUC, AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and
there is no evidence of bat use, (applies anywhere in the range of the
NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable NWP
terms and general and regional conditions, or all applicable RGP terms and general
and special conditions, and if the permittee's review under A.(I) 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,
Q and the activity will NOT include bridge removal or maintenance, unless the
W Q Q 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
UJ e clearing/removal; construction/installation of wind turbines; bridge removal
m or maintenance, unless the bridge has been inspected and there is no
Ix W
evidence of bat use, and/or; any percussive activities.
OB. 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
10

without notification to either the Corps or the Service, provided all General and Regional
Permit Conditions (for NWPs), or RGP general and special conditions (for RGPs) are
met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http•//www saw usace army mil/Missions(Regulatory-Permit-
Program/Aeenc -Coordination/ESAJ. Permittees who do not have internet access may
contact the Corps at (910) 251- 4633.
w. 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
x. 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:
1. Name, address and telephone number of the prospective permittee.
2. Location of the proposed project, including waterbody, nearest community and
county.
A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or tills, 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 should be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings should be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings should contain sufficient detail to provide an illustrative
description of the proposed activity (e,g., a conceptual plan), but do not need to
be detailed engineering plans).
y. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This general permit does not authorize any activity prohibited by the National Flood
Insurance Program.
z. The permittee must install and maintain, at his/her expense, any si al
ytgand
signals prescribed by the U.S. Coast Guard, through regulatior' e� i dt�O.J
I VEu 0 1 V
®CM- WAD CITY

authorized facilities. For further information, the permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
cpd5waterwa s useg.mil.
as, 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.
bb. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a
specific proposal. In such case, the procedures for processing an individual permit in
accordance with 33 CFR 325 will be available.
cc. Except as authorized by this general permit or any Corps approved modification
to this general permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
dd. Except as authorized by this general permit or any Corps approved modification
to this general permit, all excavated material will be disposed of in approved upland
disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this general permit will remain authorized
provided the activity is completed within twelve months of the date of the general
permit's expiration, modification, or revocation. Activities completed under the
authorization of this general permit that were in effect at the time the activity was
completed continue to be authorized by the general permit.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
Q
U
O
1/J
/00tt McLendon
t
Chief, Regulatory Division
Wilmington District
12

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Cherry Holdings, LLC
COUNTY: New Hanover
LOCATION OF PROJECT: S Sandy Point, adjacent to Banks Channel/Middle Sound (Figure 8), in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD:1216116 r
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Jason Dail
DISTRICT MANAGER REVIEW: S-10
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 12-24-16
$ncNm� GL I 7,jly
ADJ. RIP. PROP NOTICES RECD: _ 6c 1 IbfjV
APPLICATION ASSIGNED TO: S
C) 75 DAY DEADLINE: 1 t 1 ✓
MAIL OUT DATE:12-21-16
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $250/#10132
END OF NOTICE DATE:1-14-17
DEED REC'D:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 1-14-17
FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
5 1 %
Division of Community Assistance
1 Iie
r
Land Quality Section (DEMLR)
Division of Water Resources (401)
Storm Water Management (DEMLR)
IZ ZS�I b
✓
State Property Office
11107
7
Division of Archives & History
Division of Environmental Health
V 1 0Z 17
Division of Highways
DEC 29 2016
Wildlife Resources Commission
_
Local Permit Office
1Z ci lV
Division of Marine Fisheries / DCM
Corps of Engineers
t 3 l7 710�7-t7Glb%

N
RECOMMENDATIONS FOR: Cherry Holdings, LLC
The total area of floating dock and platform was calculated as follows:
Shoreline length = 103 ft. x 8 ft. = 824 sq. ft.
Proposed fixed platform = 16 ft. x 22 ft. = 352 sq. ft.
Proposed floating dock = 6 ft. x 60 ft. = 360 sq. ft. (not counted — in alignment with pier)
Proposed finger dock = 6 ft. x 16 ft. = 96 sq. ft.
Total proposed = 448 sq. ft.
It is the staffs recommendation that the reconfiguration and expansion of the existing docking facility
would provide an additional docking space for a total of four (4) vessels at this location. It appears that the
project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the '''A width
rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely
over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is
recommended that any permit issued should include standard permit conditions for private docking
facilities.
RECEIVED
DEC 2 9 2016
DCM- MHD CITY

�1
MEMORANDUM
To: Heather Coats
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Applicati , Cherry Holdings,
LLC., New Hanover County
Date: February 3, 2017
This project is consistent with the 2016
Use Plan.
L—_
The applicant proposes to remove an existing docking facility and replace in a different
location and configuration. The project is located at 5 Sandy Point, adjacent to Banks
Channel on Figure Eight Island in New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PT.
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.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The Wilmington -New
Hanover County Land Use Plan contains some policies, which exceed the State's
minimum use standards, however none of these policies are applicable to this project.
This project appears to be consistent with the 2016 New Hanover County
Comprehensive Land Use Plan.
Cc: File
RECEIVED
FEB 0 7 2017
DCM- MHD CITY

0
Coastal Management
ENVIRONMENTAL QUALITY
December 21, 2016
TO:
Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
PAT MCCRORY
Gmv,nmr
DONALD R. VAN DER VAART
Secmixy
BRAXTON DAVIS
Ar,,wr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC)ncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
u�11I 1c'omments,
SIGNED Iv� t^�/ n'1 DATED (Z Z (
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dnve Ext., Wilmington, NC 28405
910-796-7215

►=
Coastal Management
ENVIRONMENTAL QUALITY
PAT MCCRORY
Covemur
DONALD R. VAN DER VAART
seo.etn y
BRAXTON DAVIS
Dl.erm,
December 21, 2016
DEC z
TO: Dan Sams
District Manager-DEMLR
Wilmington Regional Office
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(Dncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
j
SIGNED DATED
RECEIVED
DCM WILMINGTON, NC
DEC 22 2016
State of Noah Carolina I Evironmental Quality I Coastal Management
127 Cardinal Dove Ext, Wilmington, NC29405
910-796-7215

KE
Coastal Management
ENVIRONMENTAL QUALITY
December 21, 2016
TO:
FR M:
SUBJECT:
Applicant:
Project Location:
Georgette Scott
Stormwater Section
DEMLR - WiRO
PAT MCCRORY
(;.Wmor
DONALD R. VAN DER VAART
secretary
BRAXTON DAVIS
Director
ECEIVE
DEC 2 12016
ar
Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.-go
v
Fax: [phone] (Courier 04-16-33)
CAMA Application Review
Cherry Holdings, LLC
5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: r/ This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATED Z �z
DCM WIEM NIGTON, NC
DEC 2 8 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 29405
910.796-7215

Energy, Mineral &
Land Resources
ENVIRONMENTAL OVALITY
April 17, 2017
James C. Cherry
Cherry Holdings, LLC
2020 Queens Road W
Charlotte, NC 28207
Subject: EXEMPTION
Stormwater Project No. SW8161218
Cherry Pier Project
New Hanover County
Dear Mr. Cherry:
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
TRACY DAVIS
Director
On December 21, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources
received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and
specifications on December 22, 2016 has determined that the development activities proposed at this time will not
pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are
reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be
subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By
copy of this letter, we are informing you that this project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also
subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You
are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary
built -upon area associated with the construction of the project must be removed within 30 days of completion of the
project, or when it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Georgette Scott at
[phone], or via e-mail at [e-mail].
Sincerely,
�\ aD�-
For Tracy E. Davis, P.E., Director
Division of Energy, Mineral, and Land Resources
GDSlgds: I11StormwaterlPermits & Projects12016 \161218 Exemption12017 04 permit 161218
cc: Southern Coastal Construction
New Hanover County Building Inspections
Jason Dail/Shaun Simpson-DCM WIRO
DCM Morehead City
Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, NC 28405
RECEIVED
APR 2 5 2017
DCM- MHD CITY
910 796 7215

Coastal Management
ENVIRONMENTAL QUALITY
December21, 2016
TO: Tim Walton
Dept of Administration
State Property Office
PAT MCCRORY
GOVCInar
DONALD R. VAN DER VAART
Secretary
DEC. g 0 2016
1. A
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenraov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached""
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
I
SIGNED( Gam--- DATED___�44/7
RECEIVED
DCM WILMINGTON, NC
JAN 112017
Statc of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Vk
Coastal Management
ENVIRONMENTAL QUALITY
December 21, 2016
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Dtreclor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats((Dncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"'
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
for h�dy
SIGNED
DATED
RECEIVED
JAN 10 2017
State of Noah Carolina I Environmental Quality I Coastal Management D C M - M H D CITY
127 Cardinal Dave Eat., Wilmington, NC 28405
910-796-7215

M
Coastal Management
ENVIRONMENTAL QUALITY
December 21, 2016
PAT MCCRORY
(.IT.
DONALD R. VAN DER VAART
4nrmry
BRAXTON DAVIS
aR�m.
TO: Christine Bc,0, i -- A R C
Local Permit Officer
County of New Hanover
FROM; Heather Coats.. Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(7ncdenrgov
Fax [phone] (Courier 04-16-33)
SUBJECT CAMA Application Review
Applicant: Cherry Holdings, LLC
Project Location: 5 Sandy Point (Figure 8), adjacent to Banks Channel / Middle Sound
in Wilmington, New Hanover County
Proposed Project: to remove an existing docking facility and replace in a different
location and configuration
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by January 14, 2017. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate
in-depth comments with supporting data is requested
REPLY: This agency has no objection to the project as proposed,
"Additional comments may be attached"
This agency has no comment on the proposed project
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED _��r/nd�fLQLL1 DATED /2 z 9
rECEIVED
DCM WILMINGTON, NC
SW I, of Nmh Crdw I Envinnmenial Qualay 1 canes MaoagnRER4 DEC 2 9 2016
I.) CYynal D 1<E%I., WdmmploR, NC 28405
910-796-7215

Yvu
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
a�
I,'
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
L
31 January, 2017
Regulatory Division
Action ID No. SAW-2017-00167,
General Permit No. 197800056
Southeastern Coastal Construction
Attn: Mr. Stephen Conway
6252 Towles Road
Wilmington, North Carolina 28409
Dear Mr. Conway:
Through coordination with the North Carolina Division of Coastal Management, and on
behalf of Cherry Holdings, LLC, we have learned of your request to remove an existing docking
facility and replacing the docking facility in a different location and configuration at 5 Sandy
Point, Figure 8 Island, adjacent to Banks Channel/Middle Sound, in Wilmington, New Hanover
County, North Carolina. Coordinates are: 34.26433 N,-77.75144 W.
On January 1, 2017, we renewed General (Regional) 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. General Permit No. 198700056 expires December 31, 2021.
Your work is authorized provided it is accomplished in strict accordance with your
submitted plans, the enclosed general and special conditions.
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.
RECEIVED
DCM WILMINGTON, NC
FEB u 1207

Thm*y,qu for yQV:time and coopetatiiofi
Wilmington RegplateryField
Enclosure,
Op'"56coadittatis
Copies Furnished ,(without :enelosmo)-.'
W Ifeather Coats
North Carolina Departm9at:of,
EnVironmeritajQIU#Iity
127 Cardinal Drive Bxtension
Wiffiii*bn, NoA Carolina 28405
1
Mr -Doug, H I ffg46t(
Notffi
'P,rMrdAraanW Quality
DiVisiola of Coastal Mamfg6metct
400-Commerce Avenue -
Morehead.City„Nortb,Carolina; ;2&557'
Ms. Karen Higgins
Division offater Rqsp
North CarolinaDCpartinent, of'
Environraental,Quahty
1'650,,,'Wtl,Sdkvice C6htev
Raleigh, NbA Carolina 27699-1650
Mr. Robb Mairs
-Divisjon of WatorkoseWos
Nortji CaroliaaDopartmoaf of
E6avirprtmejarA Quality
127,Codio.01'Pr7ve Extension
Wilmington;iNo Qawlina- 28405
eqn-i4at Nft. Tyler

Effective Dattvv
Ekp1ratio4 Date;
DEPARTMENT OF THE ARMY.
Wilmington b,'14ict; Carps of Engineers
Darlinoon,AVenue
Wilminaton.'North Carolina mo3-1343
DEPARTMENT OF THE ARMY
GENERAL 0MG.10NAL) RERNIL']4''
A gegerai permit to perform woxk: ' or affecting liavigahle'waters o f the.lTruted' States
and waters of the United -States, upon recommendation ofthe Chief of Engineers,
pursuant to Sectibn 10 o£the Rivers and HarGors�Act;of,IvI cli 3,1$99 (33 U.S C, 4030,
and SectionA041ofthe Clean'Water Act (33 U.S.C. 1344), is hereby modified:and.
renewed'by,authority, of:the_Sceretafyof the Army by
Distr1.ict Engineer,
U.S,. Army Engineer District, Wilmington
Corps<of Engineers
69;Darlington.Avenue
Wilmington, North CarolinaZ34Q3-1343
TO MAINTAIN, REPAIR; CONST UCT AND INSTALLTIERS, 0,,GICS
BOATWOSES AND BOAT SHELTERS; PILINGS, MOORIN9 BOUYS „
DOLPHINS; JETTIES, GROINS. 4ND BREAKWATER STRUCTURES.IN
NAVIGABLE WATERS: w TIImlgiTED STATES IN THE STATE OF NORTFI
CAROLINA.
1'mjeets must be constructed in canforruance with the following standards in order to be
authorized bythis RGP
L All piers, doclts. boathouses and boat shelters will be pile supported or
floating structure&
2'. Pilings, dolphins;- lefties and breakwater structures may be constructed of
wood,;metal, arpre-cast.concrefe. Groins maybe constructed of woo(i, pre-cast';conerete,;
orrockriprap:

3., Breakwater Aruchzes,willbe-designed tpprovi4e;forade
quate. water'
Pirculation.landWard'of tho, stromm.,
This RGP;d6esmdt dtithoritiedit6avatioiiQr.,,,,ibe-discharge of excavated or-fill.material,
..
within'Waters ofthe,M " except for'tho'gisipentent of'structures kw-
"forjetty, bL=, a dro
groin construction. This'RGR does not authorize any work on Atiantic'Ocean caches.
-_TIj.pftqAoMiAg-fl-IALqvsAoulobous4forp Tosep'OPNis,regio_n0earlgeneral p_t, (RG*P)
a.- Mean'high watermark (AUWM—). -The line
theth p -_- 1 d tion ofthe
actual
0 a Mae h III
�,e te I
location
nee It e toth_ available
' �h c - - e n
c5t b s w f
csome qd 'M V"
e m c ' c
litre
i --- u be--- a I
Win c 4- 'ye s. ess pre i
ed'a rtpe od ar I h ch,481
2r�a y g 'o
d�a -averaged
a ono �apparent
hor n hich i aorermiripd b 7 re 'fe en eto Physical observation
r f pp nt -ver fj ri ` sery ti are s e' w 0
arkings lines_of vei tjou'm _ be used or the PaVosc of�t 0 permit.
b. Ordinary High Water Mark MWM. The line on the shore, in.non7tidal Waters,
established by,the fluctuations of water indicated.byphysical characteristics such as
clear; natural sine - itnpte0s�cdbri the -bok-,shelving -ehaiigds'in-the soil,,Aestrubtidii of'
terrestriaLvegetation; the pKcsqPcq.of?ji#er and debris; orottier,,apprppriai,e,means -that
consider the characteristics f the surrounding -areas:,
Special bnditions
a.,
will be
ThisLgeneral permit
M d e stiuctures;witlrin
theTederally Authorized Channel, Setback, unless the activity is.apprqveq'by the Corps,
The pebnkted must su in ie information described in General Condition 'V'and
obtain approval from the Corps prier 19 the cansirueOrm of any structures within the
'Federally Authorized Channel, Setback,
to,
structures located
Setback., Thepennittee,
Authorized Channel Setback
c; This into anynatufdl or
manmade channel or waterbGdyinany mariner that may adversely affect nayigation: by
the.general public.
2

d'..Picrs, docks, boathouses,, boavahelters andpiltmauthorized
may be extended tar be"located up to 400 feet waterward of fhe lvla
(MffwmV elevation contour (tidal areas) or the Ordinary high WA
,elevation contour(non-tidal areas) or one-third'(1/3) the width of a
is closer, to the shoreline;,,except as otherwise,govemed by:the pres
maintained: channel.
e. The width of any pier will not exceed':six (6) feet, unless the Corps determines, in -
`writing that a;greater widflhis necessary for'safe;use, to improve pulrh, c access ;;dr to"
support a water dependent use that cannot otherwise occur.
L,, The totalaquare footage of shaded impact:for docks and mooring facilities
' "` (excluding the pa`cr) �llowed'shall'be 8 square°feetper'linear fddt'afslioteline 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 dockinQ-facility (excluding the pier) authorized by this_Gcncml Permit shall,not
necessa for safeuse to im rave ublie access or to support a water depe dent.0 t exceed 460 square feat unlesps the Corps determines, m pP in , that a dependent use that
cannot otherwise occur:
g. Boathouses, and boat shelters will notbeenclosed andwill notexceed460 square;
feet.: Boailitts will be open: and wilI'not exceed; 400 square'feet:
h. "Boathouses, b6dtlifts,,boat,theltersand-will n6t be constructed over Federally
jutisdctional w@4lands:
i. :Docks and piers extending overwetlandswill be elevated sufficiently (minimum
of 3 fret) above the wetlandtsubstrate te.preyenttotal shading of vegetation; substrate, or
other elemonts'of;the aquatic environment.
j, Groins,, jetties orbreakwaier structures shall not be constructed in wetlands;,
saagrasses and other submerged aquatic vegetation.
k. Piers and dockiirgfacilities locatedover submerged.squatic vegetationmay be
'consttncted without,prior Consultati"onfrom the National Ivtarine Fisheries Service if the
following two conditions are, met:
1. Water depth atfbe docking;facility location is equal too greater thamtwo'feet
of water at mean low water level`. and
'2. Tfie pier and docking facility is located to minimize the area of submerged
aquatic vegetation ender the structure.
L, Floafing 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 l8' inches at mean low water:leyel.
I

m.. Jetties Wili;-notextend farther than 100,fed waterward of MI3WM (tidal areas)
'gr;the OHWIvt elevatign.contonrs. 1
'This general permitdoes not,aiAorize tile installation of fueling facilities,ot
authorizedtstruetares.
o:; 'ltiprap grains shallnot exeeed•a base width of 10 feef
_: p. Y. r
p: ]ttprap �r`oms must be constructed,of clean rocl€ or masonry material and be of
sufficient ' t' prevent dis solacement b wave o current action,
r Groins andjetties shall not be located witilrin pfiimary,nursery areas
sa 'No jetty shall be ca#tstructetl;during the period between April 1 and September-
30, unless•the activity is approved by:TIE DIyIF and the,NiVIIS':
t:Fhrating structures will be'supported by material:thatwill.not becoibe
waterlogged of sink when punctured,. will be installed to -provide -for fluctuations
elevation, will be designed so that the;structurt'will not test on thv bottom of the
waterbody at anytime and -will be;secµred in such manner as to not break away:,
u. Breakwater structures will beano longer than 500'feet., They will have;a:minimum
ofone;inch openings between standard width (6to IT'inch) sheathing-boards.and at least
one;five-foot wide openingforcach 1001ineprfeet of structure:
v. Breakwater structuires may not be constructed.so as -to prohibit access to estuarine
waters `or publie trust areas,.
w. If the display of lights and signals on,the authbrizetl straotureiis not gtherivlse
provid'eMorby laws such lights and signV.S.ls as be prescribed by .S. Coast
�aard will be installed and maima,ined by and attire expense of:the-pemrittee.
x. It:Is possible,tbatlhe authorized structure may be damaged bl
passingvesselsJhoissuance ofthis:permit does not relieve the Perri
proper:steps to ensure the integrityoftbe permitted structure and the
boats. The permittee twill nothoid the United States liable for any, su
y. This general permitrdoes not authorize habitable, structures or anystructure, or
assgcjated facility fqr,non-waterrelated use.
z• Structures and iheli'attendant utilities, authorized by this general permit; located;
on lattd's subject to an easotrtertt in favor of the;TJitited;S.tatss for the opeiatiota,
maintenance,, improvement; and::enlargement of the Atlantia.Intracoastal Waterway
4

(AIW W), will be removed at the expense of the permittee, :in.the,event that, in the
judgment of the t,8. Arrt y'Corps of Engineers acting pn behalf ofthe United. States, the
lands are needed: at anytime for any purpose:withinthe scope of the easement.:Per'manent
buildings will'nof'be constructed within the easement.
aa. This general permitdoes not apply to struetuies within existing-orproposed
marinas is"defined by North Carolina Addministrative; Coda; Title 15, Subc[tapter
7H:O�Q8(b�(5j�
bb,. Should .all .or, part of a proposed development aotivity be located in an Area.of
Enyironmeptal Concern .(AEC�.as_des''ignatcdbyYheNorth:Car`oliaaCoastri eso&ces--..
Commission,. a<Coastal; Area Management Act �pAMA) permit jsrequired from the
North'; Carolina Division of"Coastal Managerrlent before the onset of the proposed -'
activity, 'Should a Federal; activity within anyone of North Carolina's twenty.coastat
counties or which. could affect a coastal use or'rosource in any one of North Carolinas
twenty'coastal counties be proposed by a Federal agency, a consistency determination
pursuant to Subpart" C" of.15 CFR 930 mustbeprepared.and submittedby that Federal
ngenayto the North Carolina Division of Coastal Management before the onsettof the
proposed activity.
General Conditions.
a. Except as authorized by this general permit or anyCorps approved modification
to this general;perinit; norexcivation,,.ftil or mechanized Iand-clearing activities"shall take
place witfiin`water9 or wet�dizids, at any time in fire construction or maintenance ;of this
project. This,pennif do" not authorize -temporary placement or double handling;of
excavated or.fill material within waters or wetlands'outs'id"e the permitted area. This.,
prohibition applies to all borrow and. fill activities,connected with this project.
b. Authorization mhdersthis geacral permit Apes, not obviate the;need to obtain other
federal, state„or loeal:authorizations
c. All work authorized by this general permit must comply with,fhe terms and
conditions of the, applicable.Clean Water Act:Seciion40l Water Quality Certification fot
this general peiiri t.issued by the North Catolinapivision of Water Resources
d; The permittee shall employ all sedimentation°and erosion control measures:
necessary to prevent aninorme in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but=is not limited to,,the,immediata:
installation of silt fancing or similar appropriate; devicesaround all areas `subject to soil'
disturbance of the.movement of earthen.fill, and the immediate stabilizati"on of'all
disturbed areas., Additionally, the project must remain in -full compliance withall aspects
of the Sedinientation pollution ContrQi Act of'1973 (North Carolina General Statutes
Chapter 113A,Article:4).

o, The: activities authonzed bythis generaFperrrutmust not interfere -with the
public"s right to ;free navigation on all. navigable w4ters,df the UnitedStates, No attempt?
will'be:made bythe permitfee to.preveritthe-full anti free use by thepublic of all
navigable waters at -or, adjacent to tho=diorized:workfor a reasonother,thansafety.
f„ 'The p6huittee understands and agrees that, if futum operations by the United States
cite the removal, rclocadon, of other alteration, of the structure or work"herein
ionized, or,lf; ra tha opinion oftheSegrefaty ofthe A;rmyor hjs(her authorized..„ . � .,., __- T
;estntativo, said structure"or wdrkshall catrse unieasonablo obstiuction to.the`free ' "'
igaiion oftho navigable waters, thgpeumitteevill be,regWred, upon dice notice frond the
g, 'The permitteexupon ecpipt o£'s^notice o£revccation afthe permit for the verified''
indivi8uat,activir,.may,apply for an.individual permit, or will, without expense to ft
United States and`'ln suclt'time and manner as the Secretaiy:ofthe.Army or his/her
authorized-representative;may duect, restorethe affected;wateirof Ehe•United States to its
former conditions.
h. This General Permit.does not authorize any activitytbatwould conflict with a
federatprojeet's congressionally authorized purposes„established lhnitationsor
restrictions, or limit an ageopy's ability to conduct necessary pperatoi-and maintonanco
functions, Per Sectidn,l4 of the Rivers and Harbors Act of%991. as -amended' (33 U.S.C.
409),,no project,that has the'potermal'to take.possession of'b make use bf for any
,purpose, or build:upon, alter, deface, destroy,.mopa, injure; or obstruct a federally
construotedworkor project, including; but not limited`to, levees, dains,jottys, navigation
channels, borrow=areas, dredged material disposal sifes, flood controiprojects, eto.,'shall
bepermitted unless the projeet has been rev ewed.and.approved by°the appropriate,Corps
.approval authority, The;perthittee trust submitthd'inforn anon described in General
Condition "x" and obtain approval from the Wilmington ;District Engineer prior to the
i The permitifee shall obtain a CQwout-to Cross Govermi i t 1 asement from the
Wilmington District's Land Uset Coordinator prior to any crossing ofthe Corps easement
and/or prior to, commenciiig; construcf on•of any structures„'authorized dredging,or, other
work within the right -of- yay-of, or in proximity to; a federalty designated disposal;area.
Wilmington,,NQrth Carolma2$4
The permittee will allowthe Wil
inspect the authorized activity at
activity, is

k..-This$eneral,permit does got grant anyproperty rights or exclusive privileges>,
1. 'This Odrinifilbes, not, authofize; airy injuryto the pAiperty'or,iights of others.
in. 'This;general permit does not authorize the interference with -any 61sting.or-
proposed federal project.
m In issuing this permit, the Federal Ciovemment'does.not,,assunie any liability for+
tlie•folinwjog,
_• . (1) Damages'to the,permiUM project oruses.thereof asa result af"other.
permitted.or unpermitted activities or from natural causes'
(2) Damages'to the permitted project or,uses.iher@of as a result of curcentor
future activities undertaken by ovombehalf.ofsthe, United States in=the public
interest..
(3) D'amages to persons, property, orto other permitted or unpematted.activities
or struetures caused by the;activity authorized,by:this permit.
(4) Design of construction deficienci`es associated[ with the permitted work
(5)''Damage claims: associated with any:future modification, susperWonor
revocation of this permit.
o. Aur[rorizarionprovrucavy uns genunt," 701Lmway.uv wv.w"W, auoy�t,uvu ,,.
revoked.in whole:or in part;if fhe Wilmington Districf"Engineer, acting for the Secretary
of the.Army, determines that such _action would be in the bestpublic.interest. The term
of this general permit.shall Fi AV& (5) years'unles5 sulijpct'to modifcatiou, suspension or
revocation. Any modification, suspension or revocation ofthis authorization will notbe.
the bashr for any claim for damages -against the United States,Goverriment.
p. No activity mayoceurin a component of the National Wild and Scenic -Rivet=
System; or" in a river offreially desigiated by Congress as a "study river" for po Alwo
inclusion '"e systetmwhiIp the river is m an,official study status, unless the appropriate
Federal agenoy with.direct management responsibility for sudlixive'r, has de'tdraiined it%
vt riting'that the proposed activity will not adversely affect the Wild:and"Scenic
designation or study status;. Information on Wild' and Scenic Riversmay be obtained
from the:appropriate Federal land management agencyresponsi6fe for the designated
Wild:and'Seenic River, or"studyriver" (e.g., National Fark;Servicei U.3,Tprest:Servieex
etc.)'
q. is general permit 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 Mafine Protection, Researeh and,Sanctuaries Act of 1972,'unless, the permitte
provides the Corps with a, certification from the Seeretaryof Commerce that the, propose
7

WOVIt'y is.O.Onsistent*ltli-the-pufp,cises of Title. Ill.of the Marine.Protection, Research and,
,Sanctuaries Aef, Information raaiiuesanctuaries may46 obtained' at
I :a—q-v'*/#MN; Permittees may riot egin workuritif1hpyprovide the
r.
authoiiied.
- S. 1 1,
remains
Section
Lee may no
hav6been
0, cultural ocarolieQlogloal
authorized by, jhls�pqrrqkt,.3
Must immediately notify the Wilmington District EngiAie6rofWb4tyduhaV-e,founi, a
to the maximum extent practicable, avoid construction activities thqi.May affecilhe
remains and artifacts until the required coordination has been completed. The
Wilinington,Distriot Engineer will .initiate the Federal, tribal and state coordination,
kdqWfddIo det6rhiih& if the items,or remains warrant recovery, effort or, if the rsite is
eligible for listing M'the National ,Register offlistorie:Places,
t' NOactivity is authoriz&d,uiidek'thisgeneral pennit-whichislikelytodireeflyor
Act'(ESA), or which will directly or indirectly destroy -or adversely,rnqdify the critical habitat
of such species. No activity is authorized under any N WP which "mayaff&t!,' a listed species
of %6ti6n,7 consultation address,ihgthe effects of the proposed
aclivit completed*. c sp c a an
ybas been com l6te_ *. information on threatenedaind endangered c i d their
critical habitat can be obtained directly from the, Corps field offices, the, WW$:field
offices or at,the following web addresses: h AW!I/
http ybvftacl or ith:h submit
' http://wtyw.noaa.gov/fisfieries.fitml: Pernaffe s t su t
the information described in General Condition "x7 to the Corps if any listed species or
designated PuTtical babitafmay, be afPceled by,theptoposed pro
4ect, Pdrroitt6e§Jn4Y`nbt
begin workuntil,notifled by the Wilmington District Erigineer that the req uIrem444t§'of _
the .ESA ,have been satisfied and that the ,acii vity is,authorized'.
*Note- Section 7 consultation! has been completed for the Westhidian ManateL- and
if` he activity might, affect' the manatee, - the parmitteo ddps�not have ,tij submit.tlie
information in General Condition -"x?"tothe -Dist rict,.gti&eer:ks,jp!igt4ppermftfte'
complies with General Condition;"n". Seetion 7 consultation has beencompleted for the
-Northern long-eared bafand, the permittac must submit, the information described-iri,
General lboilditioh'Y"'to,the,,,Distiie tEngi ne er.prior to commencirig thqq9tivity if the
project mpqtsthe,criier4 in 6enemjConiiid6n "v",

lr; :Worder io-furtherprotect the endangered West Indian Manatee (n, *hechus
manalus), the permittee must implement the USFWW Mdnatee Guidelines, aridstrietly
adhere to all requhements therein. The guidelines can tie: found" at
h 9lwwwfws-uovPne-esTmammal/inanafee:,k6idel ines.pdf.
v: The Wilna4ptt bistrict, U.5. Arnry Corps of Engineers (Corps) has consulted
with the:United<State&Fish=and,Wildlife Service (Serviee)`in.regard§':to the;threatened
Northern long=ea bd bat (NLE)§) (Myotis s'eptM0dn4l6)'arid $tanda Local Operating
Procedures for Endangered Species (SLOPES) have been,approved.by the Corps and the
Service. This condition.concerns effects to the NLEB only alid does not aadcess,cffeets, _.. to other:federally`listed,species andlor to federally-designaied,critical habitat:
A. Wodedure0vhen the Corpstis the lead federal_* agency for aproject:
Thepennittee must comply with (1)'and.(2) below when;'
• the proj ect:is tocatcdlk the western 41 counties ofNorth Carolina, to
include non-federal aidNarfh,Carolina Department of -Transportation
(NCI)OT)Yojecf`s, OXt;
• the project is located in th00 eastern counties of North Carolina and'is'a
non<NCDOT project.
' Oonerally,. if a prc)ect ig located on private property or -on non federal land, and the,
,project is,uot being funded 'by a federaLentity, the Corps,wilf ba the leadfederal agency
due to lie iequtreinent to ;obtain Department of tfie Army authorizafiion to impact waters
of the U.$. If the project is;,located on,federal land, contact the Corps, to,determine--the.
lead federal: agehcy.
(1) A,pertrrittee using-aNationwide Permit (NWP) onaRegional ClenerafPefmit.
(9GP,) must check to see if their project is located,in,the rapge of the NLEE by
p"rojec "—Within the Lan1. ge, of theNLEB', or if the project ineludes percussi
activities; (e.g,, blasting,,pile driving, ete,), the permittee is then requiredt(
the appicpciate:websitd,in the pdfagraph below to discover if their project;
is,'•located-in.a 12-digit Hydrologic UnitCode area "("fed HUC" - shown -as
red areas on the map), AND/OR;
• involves percussive activities witt",0.25 mile of a red IIUC.
Red HUC maps =,for the westeru:41'
Services Field,Otlice), cbookthe pti
91
the

eastern 59 counties in NC (covered by the Raleigh EcologicalServices Field'.Office,),
check the.project location againstthe electronic maps found at
https:/%wwuy fws.'gavlfWiWNLEB- RFO:html.
(2) A permittee mustsubmita.pte constnrcttonKnotifrcation (PCN) toAh' district
engineer, and rueeive: written authortzation froth the;district engmeeri prior to
commencing the activity, if the activitywill inv6lve either oftbe following:
_. grenoyal, eonstroot ...
• 'free cleaiCin ion/iriatallatiou of wind iurlilnos'in a red.
HUC, ANJ)101t ;
NLLB), AND/OR:
percussive-activities=in a redHUC, or within 0.2-5 mile of a redHUC',
theCorps'tir'the rtT§FW§,provided the activity cornphes with -all applicable NWP
terms and; general and regional conditions; or all applicable RGP'tertns,"and general
and special conditions, Arid iftho peiinittee's review under.A:(I) and A.(2) above
shows that 'the project is
located outsl"de:of a.red HUC (and there are no peicusnive activities),
and the activity will NOT —include bridge.removal.or maintetaanee; unless the
bridpehas been.inspected and there.is no evidence of bat use, OR;
located outside.ofa red RUC and there are percussive activities, but the
pexcussive activities will not oecur within 0.25-mile of a red HUC boundary,,
and the activity will N0 P'include bodgremlornenantuesthme
bride has'been inspected. and there ismo, evidence ofbatuse, Olt;
located in a red.HUC, butthe activity witt NOT include: twe;
m3AO'bridge,has been. inspected and thereIS no
and/or, any percussive activities:.
B. Procedures when the Corps is not the lead federal agency:
Forprojects where another federal agency is the lead.federal agency - ifthat other federal
agency has completed project -specific -ESA Section 7(a)(2) consultation forthe NLEB;
and has (1) determined'thatthe Project would not pause prohibited incidental fake of the
NLEB, and (2) completed,000rdinationieonsultation that is;'requiredby tho Service (pet
the direcdons-on"the respective Service ojMce's website), that iroject may, proceed
10

withoutnotification to either tt I ic Corps,& the Service, ervi . cc, provided all General and Regional,
4peolptconditions (for RGPs) are
MCL
The AM SLOPES S can be-vlewed=on theCorpswebsite at, the following Wdrld'Wide.
Web Pago:"h :i�www._s'a�VusIcda fi f g6i lat6iY'APermitt
C-ho2d noth_avointe,met access may-
riordirtaticb/ESAh Permittees w 0
contact the. Corps of (9'14633,
W", Ifthopprorittqedigpovers or observes any live, IIIImaged,,lujured or dead
Individudl'of an endangered or threatened species during 'c6n-ttfudtit)h,.the perinittee shall
itnmediatelY notify the "Whittington .District Engineerso that requiredcoardinaton can."be
x. per activities that require ap s ro; III InKafty Work, the,
'proval'ftorn,the Corp p iota dtiati
p6rmitteemust submit the"iollo,,*ina-information to the appropriatc,Cqrps Regulatory
I., Name, address aridielophonehumbe
s rofthe prospecei opermittqc.
2,. Location dthe proposed , ct lnolludm4watetbody, tie temum
project, ares mmityand'
'county.
3. kdoailed 4eseriptioti, of the pnoposed project, including applicable project
details such ,a&width,.hleight,,,Iengthof structures. or fills, piling span; d'istaact
from .thcshorelitfe,type dfixi�t�4ls,,foratlbD:,ofstriipture(sj,and the amount
that.t6 adv.erse:cO&t of the project will. be minimal ood,.to determine, the need
for qompensatmy'Witigatlop. ProjedtArawings should be provided When
necessary to show thattfic.activitY complies with the terms of the XOP.-.
(Drawings usually clarify the project-and when Provided resultslin a quicker
,decision. Drawings, should contain suffloient detail to provide an illustrative:
-description. 6f,the pybposi!dactivity (6,g;; aconceptual plaq)ibut do,not need to
be dejaije4 engineering plans).
y. Permit,tees are advised that development activities inbi-fidara floodway,rnay be
subject.to,the National Flood Insurance Program that prohibits any develonment"
including fill. within ajapodway, f4at.rgsu1fp_1M any increase 1n.base.flood elevations.
This generalpermitdoes, not an I th6rize any activityzpfohibitcd by the]qational.-hood
Insdraripe Program,
,z. The install and permittee must maintain, at his/her ekpdase, any signallights and
signals prescribed, by the IM Coast Guard, through regulations or otherwise, on

r
autfiorlzed'ficilitics; I
'geelot North Carolina
t'Coast Guard,
lot at
�ierwttvstwuscgmvs
as The permittoemust maintain any structure or work authbrized,by this pormit in,
d.condition end in conformance with the terms and conditions roffbispermit. The
bb. Athis sole disoretiony Any tiruue' during the processing cycle, the Wil ut ngt4n
District' ag ine er m ay d 06fraine that'this, gd ni exal. permit will not be qpplicAbIc-'6 a:
specific Proposal. .1u. such ,casej t4p procedures for cssfba; al"
prop an individual permit in
'a6qdrddbdd'W&33,. CFR 325 Will be available.
cc. Except ,asauffiorized.bythis general pcmifor;,any .Coxpoapproved modifloati
to I 1i . It haatdrldl:piacod in waters or wetlands shall.be generated,
from an upland source and Will be Olean and free of ary'pbllutants e I xoeptm—tram
quantities. Metal products, organic materials (including' debris. from larA'cleari,ng
activities), ox'unsightly debris Will not'bc-Wed.
act, Except As authorized by this genetafpcmukordny Coip s approved modification
to this general:permit, 0 excavated material will.be disposed of in upland
disposal Areas.
6e, Activities which bave%commenc4(f.q,,are underconatmeti6n) or Are under,
contract to commence ce in reliance upon this,gendralpermit,will remain authorized
provided the Activity is, completed vntbin.,*plvpXQj4ft, of-thodatoofthe gonerdi
pmmiVssexpirAtibn,inodifidation, or revocation. Activities completed under the,
a4thorfzation of ibis gencralpermit that were in effect atthe tlineiheactivity was
completed continue to be authorized by-thq,,general permit,
BY,ATJTHORITY'or,,THE SECRETARY OF, THE ARMY:
FOR THE COMMANDER:
Scott r 'L
Chief, Regulatory Division
Wilmington District
12
M

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Cherry Holdings, LLC (c/o Southeastern Coastal Construction — Stephen
Conway)
2. LOCATION OF PROJECT SITE: Site is located at 5 Sandy Point adjacent to Banks Channel
and Middle Sound on Figure Eight Island, New Hanover County.
Photo Index — 2006: 24-7408, L-M/21
State Plane Coordinates - Lat: 34°15'51.92" N Long: 77°45'03.90" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/16/16
Was Applicant Present — No
S. PROCESSING PROCEDURE: Application Received—12/06/2016 (completed)
Office — Wilmington
6. SITE DESCRIPTION:
(A)
Local Land Use Plan— Wilmington/New Hanover County
Land Classification From LUP — Residential, Conservation
(B)
AEC(s) Involved: PT, EW
(C)
Water Dependent: Yes
(D)
Intended Use: Private
(E) Wastewater Treatment: Existing- Septic
Planned- N/A
(F) Type of Structures: Existing- Single-family residence (under construction), private
docking facility and timber bulkhead
Planned- Relocate/re-configure docking facility
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands (Open Water)
977 sq. ft.
(incorporated)
(C) Other - Highground disturbance
(D) Total Area Disturbed: 977 sq. ft. (0.022 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to remove an existing docking facility and
replace in a different location and configuration.
RECEIVED
DEC 2 9 2016

0
Cherry Holdings, LLC
Page 2
9. PROJECT DESCRIPTION
The project site is located at 5 Sandy Point on Figure "8" Island, adjacent to Banks Channel and Middle
Sound, in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club
Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen
causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road South
and travel south approximately 0.5 miles until you reach Sandy Point, which will be located on the right
hand side. Turn right onto Sandy Point and the property of interest will be located on the left hand side of
the road at address No. 5.
Existing structures on the property includes a single-family residence (under construction), a timber
bulkhead and a private docking facility. The project site is approximately 0.49 acres and is vegetated
primarily with maintained lawn grass and ornamental landscaping. The project site has approximately 103
linear feet of shoreline frontage along Banks Channel. Located waterward of the bulkhead is an area of
coastal wetlands consisting primarily of Smooth Cordgrass (Spartina alterninora) and Salt Meadow Grass
(Spartina patens), which measures approximately 50' in width. The applicant's property is adjacent to
residential properties with existing private docking facilities.
The applicant currently maintains an existing private docking facility within Banks Channel. An existing
access pier, measuring approximately 88' in length by 6' in width extends in a southwesterly direction into
Banks Channel. The pier terminates onto an uncovered platform, measuring approximately 16' in length
by 10' in width, creating a "T-shaped" configuration towards the west. An access ramps leads from the
terminal end of the fixed platform to a floating dock that measures approximately 20' in length by 8' in
width. The existing docking facility, which originates from a timber bulkhead, appears to accommodate
two vessels within waters with depths of approximately -6' through -10' @ normal low water (NLW). The
applicant is relocating and reconfiguring the existing docking facility to make the use more user friendly.
Currently, the existing floating dock extends into the riparian corridor setback of the southern neighbor and
the new proposal would place the entire facility within the applicant's area of riparian access.
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground
portion of the property as Conservation. The waters of Banks Channel and Middle Sound are classified SA-
ORW by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA)
by the N.C. Division of Marine Fisheries and they are OPEN to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to remove an existing docking facility and replace in a different location and
configuration. As designed, a new 6' in width by 54' in length fixed access pier would originate from the
existing bulkhead and span in a westerly direction before terminating into a 16' in length by 22' in width
fixed platform. As designed, the proposed platform would be located just beyond the outer edge of the
existing Coastal Wetlands bordering the property. Along the southern edge of the platform, a gangway
would be installed and would provide access to a new 6' in width by 60' in length section of floating dock.
The southern side of the proposed floating dock would comprise two of the four slips proposed with the
other two slips being accounted for on the northern side of the floating dock. According to the application
package, a new 6' in width by 16' in length floating finger pier would originate along the interior portion
of the main floating dock spine and would extend toward the north, and a new 13' in width by 13' in length
boatlift would be constructed along the outer portion of the floating dock spine. The application states that
the proposed re -configuration would provide two additional docking spaces at this existing facility for a
total of four (4) vessels within existing water depth of approximately -6' to -10' at NLW. (See sheet 2 of 3)
RECEIVED
DEC 2 9 2016
DCM- IVHD rl-ry

M
Cherry Holdings, LLC
Page 3
10. ANTICIPATED IMPACTS
The proposed reconfiguration and expansion of the existing docking facility would incorporate
approximately 977 sq. ft. of Estuarine Waters and Pubic Trust Area. The proposed structures would extend
approximately 132 ft. into a waterbody, which measures approximately 560 ft. in width. This distance
would conform to both the 1/4 width rule and the established pier lengths. The proposed relocation and
expansion of the existing docking would provide two additional docking spaces for a total of four (4)
vessels. The proposed structures would not encroach into the channel or the adjacent 15' Riparian Corridor
Setback Area requirement. Minor increases in turbidity should be expected during construction.
Submitted by: Jason Dail Date: December 21, 2016 Office: Wilmington
RECEIVED
DEC 2 9 2016
DCM- MHD CITY

f
ON MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
DEC: 0 6 7_U16
<Form continues on back>

Form DCM MP-1 (Page 2 of 4)
wz�
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address
Slate Rd. #
Subdivision Name fly
State ZIP
2W 11
No.
Lot o.(s) (if many, attach additional page with list)
pPhone
ext.
#.S_ ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
0_c� Fir- •
13aYNr3- 0A'L&%..t 1
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site. .
)natural LManmade ❑Unknown
\propose
1& ft-A-
e. Is work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes Ro
work !falls within.
' y �rfw•% �ilM+- �7"4�b'� (,�
4. Site Description
a. Total length of shoreline on Vie tract (h.)
b. Size of entire tract (so.fl.)
4/cy-eS
/0 3,
,
c. Size of individual lots -.
d. Approximate elevation of tract above NHW (normal high water) or
4
, w [' V elewf
list)
NWL (normal water level)
� NHW or ❑NWL
6 :� -
(If many lot sizes, p ase attach additional page with a
e. Vegetation on tract -
�wtss a- Tfee� , So�.s • S�r...lat
I. Man-made features and uses now on tract
Hct�sc Prll kaA 0 ®G41- RECEIVED
f
g. Identify and describe the existing land uses adiiacent to the proposed project site.
&_StA6tJ.rA) NccSes DCM- MHD CITY
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
( ttach zoning compliance certificate. if applicable)
•Yes ❑No ❑NA - -
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes WNo
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑No A
National Register listed or eligible property?
,sm n�rnl(nTnN
<Form continues on next page> i7FC 0 6 2016
NC

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? - Oyes M10
(ff) Are there coastal wetlands on the site? Ayes ❑No
(III) If yes to either (i) or (if) above, has a delineation been conducted? y WYes ❑No
(Attach documentation, if available) NO
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
C *Y wgt4w
p. Describe existing storm water management or treatment systems.
Ski p ► wt e- ...
5. Activ{ties and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment
Pit' �0.1 _ - *rivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
p aC,i� 1(�j oe�.�t"`l �, ✓ 1;e� e �n p -�� 5 f! � '!�A �l p, �` L. G/, u,��e �i[.�
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, thenumber of each type.
of equipment and where it is to be stored.
COK c. TY*"L4- P t CIS (.L.S ! ft en-r'tle- SA-orto�
d. List all development activities you propose. -
e. Are the proposed activities maintenance of an existing project, new work, or both?
MaA
f. What is the approximate ximate total distuirhhd land area resulting from the proposed project? ❑Sq.FI or ❑Acres
g. Will the proposed project ennccrrogth on any public easement, public accessway or other area ❑Yes KNo ❑NA �'` , CG D
that the public has established use of? v
h. Describe location and type of existing and proposed discharges to waters of the state.
Sint-1�kc.e 12,kh4D-F�-- DEC %9 2016
_ VVT CI
i. Will wastewater or stormwaler be discharged into a wetland? ❑Yes goplA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j. Is there any mitigation proposed? Oyes ANO
❑NA
If yes, attach a mitigation proposal.
... .L.
Ulim VVIUVIINU I VIv, INW
<Form continues on back> DEC 06 2016
'Y

Form DCM MP-t (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP.1) the following items below. B applicable, must be submitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any major developmerd application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative. _
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work. Deady indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with stale application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
list of the names and complete
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 IZ op it , t.an7ret S" Phone No. R!� 9(al .. S22
r,
Address "m-1pX r'-HN k"et )Lc.tk��
Name h10tN¢+S {l,� <' h f1_14, 1,% J Phone No. (�
Address t')5., �i A� kc 6,u Y�(.`+, C
Name 3'han No.
Address
g. A list of previous slate or federal permits issued for work on the project tract. Include permit numbers, permittee, aj,61 issuing dates.
h. Signed consultant or agent authorization form, it applicable.
I. Wetland delineation, if necessary.
I. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), it necessary. If the project involves expenditure
of public funds or use of public lands. attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described In the application.
The project will be subject to the conditions and restrictions contained in the permit.
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 of fTw knowledge.
Date /'L Print Name 1 ;0UJ1JpUC
lignature / •J's^�'�
Sd.M*..a C. C'J%4.Mjr, y
Please indicate application attachments pertaining to your proposed project,
❑DCM MP-2 Excavation and Fill Information
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
❑DCM MP-5 Bridges and Culverts
RECEIVED
RECEIVED DCM WILMINGTON. NC
DEC 0 6 2016
DCM- MHD CITY

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 ❑Public/Govemment (XPrivate/Community
❑This section not applicable
b. (I) Will the facility be open to the general public?
❑Yes *0
a (i) Dock(s) and/or pier(s) Ki St e ,�iL1`
d. (I) Are Finger Piers included? ( Yes ❑No
Ili) Number ) `
If yes:
lift) Length —0 sy
11
(ii) Number
IN) Width lG' (p
(iii) Length
(v) Floating Xyes ❑No
(iv) Width
(v) Floating We, ❑No
e. (i) Are Platforms included? 19Yes ❑No
f. (t) Are Boatlifts included? Ayes ❑No
If yes:
If yes:
(H) Number
(ii) Number
(iii) Length —1-10
(iii) Length 11
IN) Width _22,
(iv) Width 13
(v) Floating []Yes PINo
..
Note: Rooted areas are calculated from dripfine dimensions.
g. of slips proposed
h. Check all the types of services to be provided.
!Aber
❑ Full service, including travel lift and/or rail, repair or
(it) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
Dockage ("we( slips") only, number of slips: ,aL
_
ODry storage: number of boats: I
❑ Boat ramp(s); number of boat ramps: _
❑ Other, please describe:
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
�Kbpen water; no dredging required
❑Other; please describe:
k. Typical boat length: � '�'
m. (i) Will the facility have tie pilings?
❑Yes ((No
(H) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g.. open runabout,
charter boats, sail boats, mixed types).
RECEIVED
DEC 2 9 2016
DCM- MHD CITY
I. (i) Will the facLity be open to the general public?
❑Yes Mo
RECEIVED
DCM WILMINGTON, NC
DEC 0 6 2016

Form D'CN 70'-4 (S, _ :;+eras, P _ 2 of <;:
2. DOCKING FACILITYWARINA OPERATIONS Nfhis section not applicable
a.- Check each of the following sanitary facilifies that will be included in the proposed project.
❑ Office Toilets
0 Toilets for patrons; Number: _; Location:
❑ 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.
(ii). Give the locationand number of'Pumpout Available' signs. proposed.:.
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake' signs proposed.
I. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality.
j. What will be the madna policy on overnight and live -aboard dockage? RECEIVED
.k. Describe design measures that promote boat basin flushing?
2016
MHD CITY
I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED
DCM WILMINGTON, NC
['u

Forr,: i CN! AP-4 f3truclures, Page S el 4)
e
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes []No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
Dyes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wedands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB.
OWL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered flits) Fhts section not applicable
a. (i) Is the boathouse stucture(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number _
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable
a. (i) Number
(ii) Length
(iii) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) 0This section not applicable I
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW; NWL, or wetlands
6. MOORING PILINGS and BUOYS This section not applicable
a. Is the structure(s):
[]Commercial ❑Public/Govemment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing _
b. Number _
d. Description of buoy (color, Inscription, size, anchor, etc.)
RECEIVED . RECEIVED
[)CM WILMINGTON, NO
DEC 2 9 2016 DEC 0 6 2016
DCM- MHD CITY

e
7. GENERAL
a. Proximity of structure(s) to adjacent npanan property lines
5 y 4o Sai tk ) � ' 4-o N q ri
Note' For buoy or mooring piling. use arc of swing including length
of vessel.
c. Width of �wIter body
J1 I
e. (i) Will navi at aids be required as a result of the project?
❑Yes riJ0 ❑NA
(ii) If yes. explain what type and how they will be implemented.
B. OTHER
a. Give complete description:
Date
Project Name
Y- L-1- c-
Applicant Name
r
Appl ant Signals
b. Proximily of structures) to adjacent docking facilities.
9,Ofgl Semi \ 2;0' �o /Uor4h
d. Water deZ at waterward end of structure at NLW or NWL
❑This section not applicable
RECEIVED
DEC 2 9 2016
DCM- IIM CITY
RECEIVED
DCM WILMINGTON, NC

3 ®�
�� e✓ Pro p� �.
Cori
�f ( oo,PM
w
`0 -
LI , n
i - 2 RECEIVED
a DEC 2 9 Z016
I ' DCM- MHD CITY
a;
,
6
ScrL la ,2D ' 1
mt1w
/Llticil L p
OCMWIL NC
)SEC 0 6 ?0%

[.
Southeastern Coastal Construction Company, Inc.
DBA Southeastern Marine Contractors
Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured
910.538.9737 6252 Towles Rd, ll"lmington, NC 28409
December 6, 2016
Narrative for 5 Sandy Point. Fi¢ure Eight Island
Owner: Copeland Cherry
The Chevy family at 5 Sandy Point on Figure Eight Island would like to rebuild their pier due to
the condition of their existing pier. They would like to bring their new pier into compliance
relative to their 15 ft. setbacks. Their new pier will consist of a 60 ft. floating dock with a 6 ft. X
16 ft. finger pier to the North and a boat lift to the North all accessed from a 16 ft. X 22 ft.mm
sitting area and a 54 ft. X 6 ft. walkway. The new dock will increase the slip count from 2 to 4
and would be within the pier headline.
Thank you,
Stephen Conway, Owner
Southeastern Coastal Construction Company, Inc.
910.538.9737/[e-mail]
RECEIVE71D
DEC 2 9 2016
DCMI- MHD C11",rY
RECEIVED
DCM WILMINGTON, NC
DEC 0 6 2016

■ Complete items 1, 2, and
■ Print your name and address oif the 'reverse
so that we can return the card to you.
■ Attach this card to the hack of the mailpiece
or on the front if cnarn ,.e.,..l«.
Agnes �• aact,,,�a�,
Z�(13 thrcPc�lf .Sc..-,++ii Lc
2ZcY I I
9590 9402 1453 5329 6192 71
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
71 k0g4e'- j 'CLWC)srT(-
P.0, 9ne (o 18a
j I , A4 c
... vnrer ❑ No
DCM WILMINGTON,, NC
DEC 2 0 2016
• Service Type
Adult Signature
Adult Signature Restricted Delivery
❑ Priority Mall ExPreme
❑Registered Mail*•
Certified Mail ®
Cl Reeggistered Mail Restricts
Dallvery
Certified Mall Restricted Delivery
Collect on Delivery
❑ Return Receipt far
Coned on Delivery Restrced Delivery
Merchandise
❑ Signature Confinnatiori
Insured Mail
Insured Mail Restricted Delivery
❑ Signature Continuation
Restricted Delivery
over $500)
Domestic Return Receipt
COMPLETE THIS SECTION ON
DELIVERY
A. Signature 11 11
B. ReWved by (Printed Nen
C. Date of "livery
D. Is delivery atldrass diRere
7 s
If YES,. entard very p
ow: ❑ No
tS�CIVE
DCM WILMINGT
`
DF,C 2 0 2016
a iu 9� • a7,1,2g
1
II
I
�'!
IIIIIIIIII12
Adult
Service eReatncted
1453 5329 6185 19
Adultt S go turre3.
❑0
Dallvery
D Certified Mal®
❑ fleglstered Mall*^^959402
❑ Regi teredMaIPRestriMed
Delivery
❑ Certified Mail Restricted Delivery
❑ Return Receipt for
2. APoele Number (transfer from aerv/p /ebep
D Collect on Delivery
❑ Collect on Delivery Restrcted Delivery
Merchandise
O Signature Confirmation^^
115 0 6 4 0 0004 1072 0 218
7 Insured Mail
7 Insured Mal ResMoted Delivery
❑ Signature Confirmation
Restnced Delivery
PS Form 3811, Juiy 2015 PSN ysao-oz-ooa-eos3
over $500)
Domestic Return Receipt
RECEIVED
DEC 2 9 2016
DCM-
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Fm., Wilmington, NC 29405
910-796-7215

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER batC
$ 17a? 0.
REVENUE STAMPS:
Tax Parcel ID # R04516-001-017-000
BK: RB 5947
I IIIIIIIIIIIIIINIIIIIIIIIIII
IINIII
1659
RECORDED
2016003626
02-08-2016 NEW HANOVER COUNTY, NC
HSTATE OF O FEE SMNO
03:34:34 PM
TAMMY THEUSCH BEASLEY
REAL ESTATE
BY. CAROL HUGHLEY
REGISTER OF DEEDS
EXTX $472000
OEEUTY
GENERAL WARRANTY DEED
Mail After Recording To: Cherry Holdings, LLC
(Grantee's Address) 2020 Queens Road West
Charlotte NC 28207
DRAWN BY: CALDER LAW, PLLC
1410 Commonwealth Drive, #205, Wilmington, NC 28403
RETURNED TO: BRITT LAW FIRM
If checked, the property includes the primary residence
of at least one of the Grantors, otherwise, note as N/A. (per NC
GS § 105-317.2)
Grantor's Address: 5450 Witherspoon Dr., Apt. G-205
Colfax, NC 27235
Brief Description: Lot 5, Section 3, Figure Eight Island
This Deed, made and entered into this the day of
January, 2016, by and between J. Richard Kellam and wife, Betty Jo
Kellam, the GRANTOR herein; and, Cherry Holdings, LLC, a North
Carolina limited liability company, the GRANTEE herein. g
I-an-(ei f1b A. rw o5 `. db�-6 QVa..�..✓1 `J jeC:- (A . CL-)CtV1ofgWC- a 20'-f
W I T N E S S E T H:
That the Grantor, for and in the consideration of the sum of
Ore Dollar and other valuable consideration, the receipt of which
is hereby acknowledged, has and by these presents, does grant,
bargain, sell and convey unto the Grantees in fee simple, that
real estate located in the County of New Hanover, State of North
Carolina, more particularly described as follows:
rQ�oIVED
DEC 29 2016 RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY DEC 1 5 2016

BEING all of Lot 5, Section 3, of the property of The
Figure Eight Island Company as shown by a map prepared
by Precise Control, Inc., dated December, 1972, and
recorded in Map Book 13 at Page 10 of the New Hanover
County Registry, subject however, to the restrictions,
reservations, and together with the easements set forth
in Deed recorded in Book 871 at Page 419 of the New
Hanover County Registry. Having Tax Parcel
Identification Number R04516-001-017-000; also being
the same property described in Deed recorded in Book
985 at Page 768 in said Registry.
To have and to hold the aforesaid lot or parcel, together
with all privileges and appurtenances thereto, heretofore
belonging to the Grantee in fee simple.
The Grantor covenants with the Grantee that Grantor is seized
of the premises in fee simple, has the right to convey the same in
fee simple, that the title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title
against the lawful claims of all persons whomsoever except for the
exceptions hereinafter stated. Title to the property hereihabove
described is subject to the following exceptions: The provisions
of all applicable zoning and land use ordinances, statutes and
regulations; 2016 ad valorem taxes; all applicable restrictive
covenants and rights reserved or granted therein; and all
applicable utility, drainage and other easements of record.
In witness whereof, the Grantor(s) have hereunto set their
hands =
t/ day and year first above written.
(SEAL) (SEAL)
J. Richard Kellam Bett Kellam
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify
that J. Richard Kellam and wife, Betty Jo Kellam personally
appeared before me, known to me or proven to me by photographic
identification, this day and acknowledged the execution of the
foregoing instrument.
Witness my hand
day of Jexna+ , 2016.
and official stamp or seal, this the
RECEIVED
X DEC
Notary Public
N7 L". L
29 2eI6
Printed Name: t6 a�
My Commission Expires: 1<Z ' IV CITY
RECEIVED
DCM WILMINGTON, NC
DEC 1 5 2016

TAMMY
BEASLEY
New Hanover County
I3E
Register of Deeds Register of Deeds
216 NORTH SECOND STREET k WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] d Fax [phone]
State of North Carolina, County of NEW HANOVER
Filed For Registration: 02/08/2016 03:34:34 PM
Book: RB 5947 Page: 1657-1659
3 PGS $4,746.00
Real Property $26.00
Excise Tax $4,720.00
Recorder: CAROL HUGHLEY
Document Xp_u, 2016003526
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit

***** Official Receipt *****
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS
New Hanover County, NC
by CAROL, DEPUTY
Payment Receipt Batch 22417
Received From:
BRITT LAW FIRM
ID # 2016003526
DEED
Real Property
Excise Tax
Bk 5947 P 1657
Total
Check
02/08/2016
MbIKL19I1
26.00
4720.00
$4746.00
$4746.00
*** $25.00 fee ***
*** ` rIm nad checks ***
RECEIVE®
DEC 2 9 M6
CCM- W-P, y
RECEIVED
DCM WILMINGTON, NC
DEC 15 2016

PAT MCCRORY
I;pvemnr
DONALD R. VAN DER VAART
' - serMan
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY
lArtnor
December 21, 2016
Southeastern Coastal Construction
C/o Stephen Conway
6252 Towles Road
Wilmington, NC 28409
Dear Mr. Conway:
The Division of Coastal Management hereby acknowledges that on December 6, 2016, we received
a completed application from you requesting State approval for the development of property located at 5
Sandy Point, adjacent to Banks Channel and Middle Sound, on Fig. Eight Island, Wilmington, New
Hanover County. The projected deadline for making a decision on your client's application (Cherry
Holding, LLC) is February 19, 2017. 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 6, 2016, 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.
Sincere``���' —
RECEIVED
Jason Dall
Field Representative DEC 2 9 2016
#L
cc: MHC file DCM- NMHD CITY
WiRO file
Robb Mairs, DWR
Tyler Crumbley, USACE
state of North Carolina I Environmental Quality I Coastal Manwaimt
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

\Tt1'1'IC1:
CAMA PERMIT
APPLIED FOR
,.1.1 To remove an existing docking facility and
.: 11
• a I 57/ • • / ► ■ / • • /
COMMENTS ACCEPTED THROUGHJanuary 14, 2017
APPLICANT: 0 FOR MORE DETAILS CONTACT
0 �10 THE LOCAL PERMIT OFFICER BELOW:
Copeland Cherry 's G NC Div. of Coastal Management
2020 Queens Road V1. � M 127 Cardinal Dr. Extension
Charlotte, NC 2820t Wilmington, NC 28405
n C" rM Jason Dail, Field Representative
910-796-7221
Agent: Stephen Conway (910j2538-9737

NZ
AGENT AUTHORIZATION FOR CAM�PERMIT APPLICATION
Name of property Owner Applying for permit: �C re!
Mailing address: O n 9D ke•
Phone Number; (a
I certify that I have authorized
7n I Contraot+x �
to act on my behalf, for the purpose- of applying and obtaining all CA A permits
necessary for the proposed development of }
at my property located at
in 6 ct,�oLo� _ ( KCounty.
This certification is valid through Iz - 3/ _ / 7
Date
Dwner Infers ation)
Print or Type Name
J A,
" Cate
&Y-tle / y 9�
Phone Number
Jri�C�xv�r�.1_L'' Dart/. God
Ema#Atfdrass
RECEIV'`�.
DEC 2 9 2016
DCM- MHD UTY
RECEIVED
DCM WILMINGTON, NO

A
0
O
M
��
c�
n
KO
Z
N
0
/m
<
O m0
m
—:
?
Z
0
s
RA'ru €�'� I I
U S A,
M1
CertltiedM Feo
f3.30
'0480
,
o
'�
a
�f'!
`�^— 09'+•�•
Extra rviCeab eas (tlreckEut.danr
�PeMnA ptQm
ie
Ic)
❑Pelun Pectlpt (e.cvunic) b�(�.�8(J_
`?
k
iy
O❑CaYfiBtl
Mdll PesM1idetl OWay b$4_0G—
YV VV
.-:j
Here
O
QM&Sgn. Raquk b
❑Mutt Signapw. Peabktep oelivnYEj
Postage f1.57
\._
CM
t 2/0612016
/
TOM Po•tp• •n•
a $7.57Ln
C3
/
YSL+
Postal
CERTIFIED
p
RECEIPT
DomesticLn
fu
nJ
M
WILRt
NI
a
ru
N
owwMt�
i"a.30
2
Extra rvicasl Foes (tlrerxenc.dtlM
❑P.9an
❑R.Wm
Pec.IptEmNotpi1
Pxapt ldecuunc)
b
f
!���
Poetii�ik ? ;d
O
❑c.mrea
MmiPamciae
o.ii.ry
b
G Hoes Cs C,;
SigMure Requha
S_�q-
ro
�Muk
px
Ksgnam.P
aseD.Em9b
e
C3
N.8 �
a•wv..ne•.PaF«
$1.57
12/06 16 ?
o
a
$7.57
En'77
!rctgl.
�
---
o
"��w5+ •�
--- p
r—
2
_L_�cr

PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
Coastal Management
ENVIRONMENTAL QUALITY
December 21, 2016
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice: Cherry Holdings, LLC/ New Hanover County
BRAXTON DAVIS
Director
Kyle & Heather: Please publish the attached Notice in the Saturday, December 24, 2916 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 Shaun Simpson at the NC Division of
Coastal Management, 127 Cardinal Drive Extension, Wihnington, NC 28405, 910-796-7226. Paying by
credit card to the attention of Tanya Wright, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Wilmington office.
cc:
Heather Coats - W iRO
Doug Huggett - MHC
Tyler Crumbley - USACE
Sarah Young- DCM
Sincerely,
Shaun K. Simpson
Permitting Support & Customer Assistance
RECEIVED
DEC 2 9 2016
State of North Carolina I Environmental Quality I Coastal Management DCM - NM H D CITY
127 Cardinal Drive Ent., Wilmington, NC 28405
910-7%-7215

Vie.,
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 6, 2016, Cherry
Holdings, LLC proposed to replace and relocate an existing docking facility at 5 Sandy Point
(Figure 8), adjacent to Banks Channel /Middle Sound, in Wilmington, New Hanover 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 14, 2017 will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment by
the public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
RECEIVED
DEC 2 9 2016
State of North Carolina I Environmental Quality I Coastal Management D C M- M H D CITY
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Banks Channel
Fe : $250 #1013
CDAITS MHC ce
Applicant: Cherry Holdings, LLC
Agent/Contractor: Southeastern Coastal Construction do Stephen Conway
Project Site County: New Hanover
Staff: Jason Dail
District: Wilmington
Project Name: Cherry Pier Replacement
Rover File: Wa
River Basin: Cape Fear
Initial date of application submittal: 12-6-16
Date application "received as complete' in the Field office: 17j
CAMA U Dredge &
SITE DESCRIPTION/PERMIT INFORMATION
ORW: es ONO Yes No
Photos Tak
etbadr Required (riparian): ❑Yes 'o
Criti abitat: OYesATo LNot Sure
oot waiver obtained: ❑Yes o
Hazarwfication Returned:
❑Yes No
SAV: ❑Yes o o
-Temporary Impacts: ❑Yes No
Sure
Sandbags: ❑Yes o El Not Sure
Did the land use a sification come
Mitigati equired (optional):
from county LUP,rkYes ONO
❑Yes]No
Moratorium Conditions:
Environm tal Assessment Done:
Jength of Shoreline:
[]Yes KNO ❑NA
❑Yes o ❑NA
, O FT
Shellfish Area Designation:
Project De cription: (code)
Development Area: (code)
pen or- Closed
P
< d, Q l A
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
Imigh Quality Waters (HOW) ❑ Outstanding Resource Waters (OR"
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (fypha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 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
❑ 111(B) Public or commercial w/ D&F to 1
Express Perrrl� g2Qf7BE V E
R
acre; 3490 can be applied - $400
C v
❑ Major development extension request -
❑ 11. Public or commercial/no dredge
DEC 2 9 2016
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
D C M- M H D C IT
acre; 3490 can be applied; DCM needs
DWQ agreement - $400

Cherry Holdings, LLC
Date: 12-6-16
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
,r
New Work ET
Replace
!fh
Maint ❑
Y ❑ N
New Work
Replace
Maint ❑
JQY ❑ N
D
New Work
eplace
�^7
Maint ❑
Y ❑ N
New Work ❑
Replace
Maint ❑
❑ N
New Work 0
fteplace
I
Maint ❑
❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tempim acts
impact amount
tempimpacts)
amount
• ,
y0/
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 ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 10/12I06

MAJOR PERMIT FEE SCHEDULE
Cherry Holding LLC/$250, CK #10132/New Hanover Co
DCM %
DWQ %
Development Ta
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that doeJ($2:5:0
not involve the filling or excavation of any
wetlands or open water areas:
100% $250
0% $0
It. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100% $400
0% $0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
r D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3900
See attached can be applied:
$250
100% $250
0% $0
III(B). Public or commercial development, if
General Water Quality Certification No. 3900
See attached can be applied:
$400
100% $400
01% ($0)
III(C). If General Water Quality Certification No.
3900 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
60% $240
40% $160
III(D). If General Water Quality Certification No.
3900 see attached cannot be applied:
$400
60% $240
40% $160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
and/or open water areas:
$475
60% $285
40% $190
RECEIVED
DEC 2 9 2016
DCM- MHD CITY

Payment Proccessing Confirmation
Date Received 1 12/8/2016
Check From (Name) Southeastern Coastal Construction Co.
Name of Permit Holder Cherry Holding LLC
Vendor First Federal
Check Number 10132
Check amount $250.00
Multiple Permits No
Major/Minor Major
Permit Number/Comments Major Fee, 5 Sandy Point, Fig 8, NH
Receipt or Refund/Reallocated TM/3459D
RECEIVED
DEC 2 9 2016
DCM- MHD CITY

6 iS
I, PATRICK C. BRI5TOW, CERTIFY THAT THIS PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION:
DESCRIPTION AS SHOWN ON THE FACE OF THI5 PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER
15 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN BY BROKEN LINES PLOTTED FROM
INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH 'THE STANDARDS OF
PRACTICE FOR LAND SURVEYING IN NORTH CAROLINA' (21 NCAC 56.1604); WITNE55 MY ORIGINAL SIGNATURE,
LICEN5URE NUMBER AND SEAL THI5 =N DAY OF OM A.D. 2015.
PRELIMINARY
PATRICK C. BRI5TOW
N.C. PL5 No. L-4148
NOTE5
1. ALL WATERFRONT IMPROVEMENT5 5HOWN WERE FIELD LOCATED.
2. THIS LOT IS SUBJECT TO ALL UTIUTY EA5EMENT5, RESTRICTIONS,
OR COVENANTS OF RECORD,
3. NORMAL HIGH WATER LINE MARKED BY CHRI5TINE BOUFFARD WITH NHC CAMA.
4. THI5 LOT 15 LOCATED IN ZONE AE (14) AS PER FIRM COMMUNITY # 370168,
MAP # 3720316800 - J. DATED: APRIL 3, 2000.
NORMAL HIGH WATER LINE TABLE
LINE
LENGTH
BEARING
L 1
18.71
571 °41 '30"W
L2
8.10
57104 I'30"W
L3
2G.85
N 12°38'2G"W
L4
I G.G8
21 °04'4G"W
L5
7 5
NW56'3 I "W
LG
.2G
N 19° '20"W
L7
13.82
N 15°5 "W
20.55
N29°31'2G
9
4.5G
571 °41'30"W
L I O
5.2G
571 °41'30"W
CANAL TO MA50N'5 CHANNEL
MID -POINT OF
PIERHEAD LINE
36.04, 1
/
FLOATING
CORRIDOR LIU'
ESTABLISHED /
BY PERMIT\
/
/
/ I
/ PROPOSED
/ CORRIDOR
WF
AGNES BACHMAN G5T EXEMPT TRUST
/ LOT 3 SECTION 3
lDB 5642 PG 1340
\ N
\ A�
\ 2
\ °J
11
J
�K /
//RAM
RAMP
TER /may
/ /N21 °03'30"W
30'CAMA
BUFFER
UPLAND IMPROVEMENTS
NOT SHOWN
#5
LOCATION MAP
NOT TO SCALE
SURVEY REFERENCE
MAP BOOK 13 PAGE 10
DEED BOOK 985 PAGE 7G8
448
3 PG �O
36.04,
FLOATING
DOCK
FLOATING
DOCK
I
RAMP
_
� I
PIER
I
�
� I
PROPOSED
I I
I I
CORRIDOR
S 18° 18'30"E
I G.35'
z
z
WOODEN
BULKHEAD
N/F
EDWARDS
LOT 7 SECTION 3
DB 102G PG 8G2
CHO
.=175.r I
0.11 28913k I TERMINUS OF CURVE #4
�p\Uy I MAP BOOK 13 PAGE 10
OWN,
�PNQ� e — —
Ito
/ ��,0 9.0� PIER AND RIPARIAN SURVEY FOR
JAMES CRAIG CHERRY t THEREH OLIVE CHERRY
�0�0 LOT 5 SECTION 3 FIGURE EIGHT 15LAND
-'OG HARNETT TOWNSHIP NEW HANOVER COUNTY, N.C.
THI5 MAP AND FIELD 51JRVEY WERE MADE
FOR THE EXCLU51VE USE OF THE PERSON.
PERSONS. OR ENTITY NAMED IN THE
CERTIFICATION HEREON, SAID CERTIFICATION
DOES NOT EXMNO OR TRANSFER TO ANY
UNNAMED PERSON. PERSONS. OR ENTITY
WITHOUT AN UPRE55ED RELERTIFICATION
BY THE SURVEYOR NAMING SAID PERSON,
PERSONS. OR ENTITY.
S:LL D FROJE.T5FIGURE BGM 15LAND 5E.C7 3 LOT 5 RIFARIANWw915 SANITY POINT PIER SURVEY &M
LEGEND
D
N
DECEMBER 18, 2015 0
O= FX15TING IRON PIPE
PATRICK C. BRISTOW
n
40 0 20 40 80a
T
(� = CENTERLINE
0= CONTROL
LAND SURVEYING, PC
!T7
1NTt
1 � 1
MONUMENT
�= 5ET IRON PIPE
W
E 4113-A OLEANDER DRIVE
n
n
�= 5URVEY NAIL
WlLIMINGTON, N.C. 28403
I INCH = 40 FEET t-Z
cz
rn
BENCHMARK
[phone] (PFI) [phone] (FAX)
E-MAM: pat@bristowsImayiDgcom
Q PATRICK C. BR15TOW LAND 5URVEYING, PC DECEIRg R 20g
<
S FIRM IICENSURE No. ioit ED
---...,,, .,Ir.1nTnN. INC

(Z-A 3
I, PATRICK C. BRI5TOW, CERTIFY THAT THIS PROPERTYWA5 SURVEYED AND MAP DRAWN UNDER MY 5UPERVI510N:
DE5CRJPTION AS SHOWN ON THE FACE OF THI5 PLAT; RATIO OF PREC15ION A5 CALCULATED BY COMPUTER
15 1:10,000+; THAT THE BOUNDARIES NOT SURVEYED ARE 5HOWN BY BROKEN UNE5 PLOTTED FROM
INFORMATION REFERENCED; THAT THI5 PLAT WAS PREPARED IN ACCORDANCE WITH'THE 5TANDARD5 OF
PRACTICE FOR LAND 5URVMNG IN NORTH CAROLINA' (21 NCAC 5G. I G04); UTNE55 MY ORIGINAL SIGNATURE,
UCEN5URE NUMBER AND SEAL TH15 )000( DAY OF )000000( A.D. 2015.
PRELIMINARY
PATRICK C. BRI5TOW
N.C. PL5 Na L-4148
CANAL TO MA5ON'5 CHANNEL
NOTES
1. ALL WATERFRONT IMPROVEMENTS SHOWN WERE FIELD LOCATED.
2. THI5 LOT 15 SUBJECT TO ALL UTILITY EASEMENTS, RE5TRICTION5,`
OR COVENANTS OF RECORD.
3. NORMAL HIGH WATER LINE MARKED BY CHRI5TINE BOUFFARD WITH NHC CAMA.
4. THI5 LOT 15 LOCATED IN ZONE AE (14) AS PER FIRM COMMUNITY # 3701 G8,
MAP # 37203 1 G800 - J. DATED: APRIL 3, 2000.
IGH WATER LINE TABLENGTH
BEARING18.71
571 °41 '30"W8.10
571041'30"W6.85
N 12°38'26"W6.68
I
2 I °04'46"W7.
5
N °56'3 I "W.26
N 19° 20"W
3.82
N 1 5°50 "W0.55
N29°31'264.56
571 °41'30"W5.26
571 °4 I'30"W
3
MID -POINT OF
PIERHEAD LINE l
3G.04' /
L%l
I LOCATION MAP I
NOT TO 5CALE
36.04'.A
FLOATING
CORRIDOR DOCK , G I $ �iil f
E5TABL15HED / L
BY PERMIT\ // RAMP / 3. / J 115.0' ll
N/F
AGNE5 BACHMAN G5T EXEMPT TRU5T
/ LOT 3 SECTION 3
DID 5642 PG 1340
/
/
SURVEY REFERENCE
MAP BOOK 13 PAGE 10
DEED BOOK 985 PAGE 7C8
/ ~1
// // G' • I , I PER
PIER / rn
/ PROPOSED /I
CORRIDOR / o I
30'CAMA
BUFFER
UPLAND IMPROVEMENTS
NOT 5HOWN
#5
518° 18'30" E
16.35'
CH =175
/ 6p FRNPj��
PIER AND RIPARIAN SURVEY FOR
DOCK
RAMP
PPOP05ED
CORRIDOR
WOODEN
BULKHEAD
N/F
EDWARD5
LOT 7 5ECTION 3
DB 102G PG 862
TERMINUS OF CURVE #4
MAP BOOK 13 PAGE 10
THI5 MAP AND nUD SURVEY WERE MADE
FOR THE EXCLUSIVE U5E OF THE PER50N.
PERSONS. OR EMIIY NAMED IN THE
CERTIFICATION HEREON. 5AID CERTIFICATION
DOES NOT EXTEND OR TRAN5FER TO ANY
UNNAMED FER50N. PER500. OR ENTITY
WITHOUT AN 5(PRE55ED RE -CERTIFICATION
BY THE SURVEYOR NAMING SAID PER50N.
PERSONS, OR ENTITY.
/ p�' 'w� JAMES CRAIG CHERRY � THERE5E OLIVE CHERRY
Q� h'3,`PG
\O\ LOT 5 5ECTION 3 FIGURE EIGHT 15LAND
\pC HARNETT TOWNSHIP NEW HANOVER COUNTY, N.C.
5:9AND PROJECT50GURE EIGHT 15 AND 5ECT 3 LOT 5 RIPARIANW"g 5 5ANDY POINT PIER SURVEY.dwg LEGEND . N
DECEMBER 18, 2015 00= EXISTING IRON PIPE PATRICK C. BRISTOW
g o m q= CENTERUNE LAND SURVEYING, PC
40 0 20 40 180 n El SET IRON PIPE — CONTROL MONUMENT W E 4113-A OLEANDER DRIVE
O�
lz m Q= SURVEY NAIL WELMINGTON, N.C. 28403
cO [phone] (PH) [phone] (FAX)w
I INCH = 40 FEET 1D BENCHMARK E-MAIL: [e-mail]
© FIRM LICENS 71
PATRICK C. BRISTOW LAND SURVEYING, PC DECEMB ,�201 SQ, URhNC
M^

SJ'