51-22 St James Plantation POA

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-I 18
_ Excavation and/or filling pursuant to NCGS 113-229
Permit Number
51-22
Issued to St James POA Inc. (c/o Jack Noland) 4140 Southport Supply Rd. SE 4B, Southport, NC28461
Authorizing development in Brunswick County at adi. to AI W W. at 2713 St. James Dr. SE. in
Southport as requested in the permittee's application dated 12/17/21
(MP-1) and 12/21/21.(MP-4) including work plan drawings (3) Sheets 1-3 of 3, all dated 12/21/21.
This permit, issued on May 16, 2C
consistent with the permit), all applical
of these terms may be subject to fines,
is subject to compliance with the application (where
special conditions and notes set forth below. Any violation
or civil action; or may cause the permit to be null and void.
Gazebo Expansion
1) This permit authorizes only the gazebo expansion and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure, -
whether floating or stationary, shall become a permanent part of this docking facility without permit,
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 1 formalized boat slip.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the pernittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible bn-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

St. James POA Inc. Permit No. 51-22
Page 2 of 2
ADDITIONAL CONDITIONS
3) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
4) The roof of the covered gazebo shall not be designed for second story use.
5) 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.
6) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Sedimentation and Erosion Control
7) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
9) 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.
10) All construction debris associated. with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20140620v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

Application Review Checklist Letter A22
1 �- I 11 Placard Comm
Applicant ��k .�t S T�/v k A Z— —FtA Pub A q,116 Comment
`' Computer I A
Agent C r" V, ►a_-- Deficiency Letter?
DWRACK Date T / 2 DWR Statements A _
Physical Address 2 13 S� r ��,.� 1��_ ,5[ �� Field Rep. FCcZ� A)11to
AECs ee I Habitat <,1 Development
Designations �77!� Buffer
Riparian Notification? Green Card? Signed ForrD? Obj Waive 15' Fee Schedule
/�1✓m_�--s ,,�,_\�- ✓/ 1( t/ Water
�///`/ Dependent 1 /
Va�2n'C �or.�r�✓�rtA=- V `' Deed? V
Raparian rights
From Property line
Nav/Channel Proximity
PH or
1/4 width?
Residential Commercial
FT calculations 8ft2 or 27ft= N/A
ISSUES OF NOTE
23 �jN�W = 9wsy pt.

Permit Checklist
Major Development Permit #
Excavation/Fill
Applicant
Address
County
Physical Location including
Waterbody Description
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Fee
MP1
MP2
MP3
MP4
MP5
I2 r
i 2 z
USACE SAW #
Additional Comments On Back

DCM Coordinator: �. , r +�_ Permit II r Z Z
MAILING DISTRIBUTION SHEET
Permittee:.5,( �,A'wr4, NC 2SH6
Agents:
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington A (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at Environmental. [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger-401
Tina Martin - 401
Clif Whitfield (WARD)
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARO)
Natural Heritage Program Rodney Butler
LPO: 6w o.Y_ Pi
(NCDOT) Travis Wilson

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC/� Q,
Fee: s (N(0 # (t7-nU
CDAITS MHC cc
Applicant: :Su ` %Afr(rII M 6FOA 1r1L-
Agent/Contractor: CPG L-LG
Project Site County: FAwr k
Staff: i4
District: YYflmington -
Project Name: C�- 5Xytes
lil N M 6 f 0t raOMS
,fir/1/TTb 0
Rover File: Na
River Basin:
Initial date of application submittal:
2
Date application "received as complete" in the Field office:
Permit Authorization: EJ CAMA Dredge & Fill Both
SITE DESCRIPTION/PERMIT INF?PWATION
ORW: []Yes QrNo
I PNA VrYesVWo
Photos Taken: Yes El NoEr
Setback Required (riparian): ❑Yes o
Critical Habitat: ❑Yes ZNo ❑Not Sure
15 foot waiver obtained: ❑Yes o
Hazard Notifipwion Returned:
[]Yes [Ko
SAV: ❑Yes iZNo ❑Not Sure
Shell Bottom. []Yes o ❑ Not
Temporary Impacts: Wes ❑No
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use classjfication come
from LUP: ❑No
Mitigations R 4wed (optional):
❑Yes
county es
�M1lo
Moratoriuum,,anditions:
Environme9tal Assessment Done:
Length of Shoreline:
[]Yes 5 o ❑NA
❑Yes [ONo ❑NA
fi FT.
Shellfish Area Designation:
Project Description: (code)
i Development Area: (code)
Open -or- lose
cvo-e- C"rWWh
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) AP
El Future Water Suooly (FWS) fl Nutrient Sensitive Waters (NV% 1 1-1 Swamn Waters (SW
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp-)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ CM Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlenish (Juncus
0 (SP) Salt/meadow grass (Sparflna
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
Ll III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Gomm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
r❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
[I IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer- $100
III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
Major elo Zt extension request -
Il. Public or commercal/no dredge
RECEIVED
$100
and/or fill - $400
I Private no dredge and/or fill - $250
❑ III(C) Priv. public or Comm w /D&F to 1
FEB I I 202Z
acre, 4144 can be applied, DCM needs
DWQ agreement - $400
U%JIVI-lVlr7U vll I r

Applicant: �l)� lowe5 "tRf702 fQA
Date: 2Ilu
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 t
Dimension 2
Dimension 3
Dimension 4
One
One
--}
t L
New Work
Maim ❑
Replace/
❑ Y lK N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y [IN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount)
OVj
t corpo cr�
Dredge ❑ Fill ❑ Both ❑ Other'z
br,19
6 sa
Dredge ❑ Fill ❑ Both ❑ Other ❑
j
Dredge ❑ Fill ❑ Both ❑ Other ❑
!L _
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
FEB 1 1
919.733.2293 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net revised: 02,2018
DCM-MHD CITY

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: St James Plantation POA
2. LOCATION OF PROJECT SITE: Project site is located at 2713 St. James Dr SE, in St. James, Brunswick
County.
Lat:33.923716N Long:-78.118898W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/2712022
Was Applicant Present —No
5. PROCESSING PROCEDURE: Application Received —Received 1/18/22 Complete 1/27/22
6. SITE DESCRIPTION: Office - Wilmington
(A) Local Land Use Plan — Brunswick County
Land Classification From LUP — Recreation/Open Space
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal
Planned - N/A
(F) Type of Structures: Existing — Public park with pier, floating dock, parking area, park facility, oyster
bag marsh sills
Planned - Expansion of existing gazebo
(G) Estimated Rate of Erosion: N/A
Source — NIA
HABITAT DESCRIPTION: [AREA]
nnrnr��..
(A) Vegetated Wetlands
Coastal Wetlands
(B) Open Water I I 650 sq. ft. incorporated
(C) High ground
(D) Total Area Disturbed: 650 sq. ft. (0.01 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to lengthen the existing gazebo by 50' to expand the
to a proposed final dimension of 70' x 13'(dripline). yyaze
RECEIVED
FEB 1 1 2022
D �� DCM-MHD CITY
North CaroYna Department of Environmentnl Quaryty Division of Coastal Management
,�„ww Wiimirgton Office 1127 Cardinal Drive Extension I Wilmington, North Carofina 29405
°"� 910.796.7215

St. James Plantation PDA
Page Two
9. PROJECT DESCRIPTION
The project is located at the 100 Southeast Street SE, adjacent to the Atlantic Intracoastal Waterway
(AIWW), in the Town of St. James Plantation, Brunswick County. To find the project site travel South on US
Highway 17 to NC Highway 133 South. Travel approximately 22 miles south on NC-133 to Dosher Cutoff
SE/ NC-133.Tum onto Dosher Cutoff and then turn right at Southport -Supply Rd. SE/ NC-133. Travel
approximately 3.25 miles to the entrance of St. James Plantation. Turn left into St. James Plantation and
follow St. James Drive SE to its end. Take a right at the roundabout and make the first left into Waterway
Park. Please note that St. James Plantation is a gated community and a site visit should be arranged with
the applicant prior to your visit to guarantee access to the site
The project area is located adjacent to a 9.88 acre public park. The shoreline of the park has not been
stabilized. The elevation of the tract is approximately 10' above normal high water. High ground vegetation
on the tract consists primarily of lawn grasses and ornamental plantings. The highground portion of the park
area has a gravel parking lot, gazebo/picnic area with restrooms, and walking trails. Currently there is a
fixed pier with two covered gazebos and a floating dock with kayak launch provide water access. The pier
was authorized and expanded previously via three general permits, GP 31808D issued 8/26/02, GP 52098D
issued 5/15/08, and GP 62622D issued 9/18/13. Marsh vegetation consists of Black Needlerush (Juncus
roemerianus) Spikegrass (Distichlis spicata), Glasswort (Salicomia spp), Salt Meadow Hay (Spartina
patens), and Sea Oxeye (Borichia fritescens) above mean high water, which measures approximately 90,
in width. A fringe of Salt Marsh Cordgrass (Spartina altemiflora) continues below the mean high water line
and measures approximately 45' in width.. There area series of oyster bag sills constructed near the
shoreline, originally authorized under CAMA Major Permit 61-14, and expanded several times through minor
modifications of the major permit.
The waters of the AIWW, adjacent to the project site, are classified as SB by the North Carolina Division of
Water Resources. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries and is closed to the harvesting of shellfish.
PROPOSED PROJECT:
The applicant proposes to lengthen the existing gazebo by 50' to expand to a proposed final dimension of
70' x 13'(dripline). Currently, the access pier (6' x —213') extends in a southwesterly direction from the
highground. Then; is an existing covered 'bumpout' fixed plaffomt (13' x 13') located just past the edge of
marsh. The pier currently terminates into a fixed covered gazebo (20' x 13') oriented parallel with the
shoreline. From the eastern side of the existing gazebo, a gangway provides access to a floating dock (20'
x 10') and kayak launch (5' x 26'). The proposed expansion of the gazebo would maintain the existing width
of the fixed covered gazebo (13') and extend the covered gazebo laterally, an additional 50, in length, to
create a fixed covered gazebo with a 70' x 13' dripline after the expansion. The proposed expansion is
located over open water, in water depths of approximately 23" at NLW, according to the applicant. There are
no proposed changes to the existing floating structures and no slips are proposed. This project proposal
was discussed in an interagency scoping meeting held virtually on 12/13/2021,
10, ANTICIPATED IMPACTS:
The project would result in the incorporation and shading of approximately 650 square feet of Estuarine
Waters and Public Trust Areas of Environmental Concern. The proposed expansion would not encroach into
the neighboring riparian corridor setback, and be located landward of the USACE federal channel setback. Temporary increases in turbidity can be expected during construction.
Submitted by: Patrick Amico Date: February 9, 2022 Office: Wilmington RECEIVED
tj''�� ��/FttEB 112022
D �.�- North Carolina Department of Environmental Quality I Division of Coastal MJaIQUI- M H D CITY
Wilmington 01ke 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
— 910.7%.7215

Project Narrative: 2713 St. James Dr. SE Southport (Brunswick)
St. James Plantation POA (c/o Jack Noland)
Patrick,
The growth of the community and the increased usage of the Waterway Park and its amenities has
necessitated the St. James Plantation POA to explore the possibility of expanding their exiting gazebo
on the ICW. We do not have the original permit as it was constructed approximately 20 years ago by
the developer who is no longer available. Attached is a plan that shows the existing gazebo being
expanded by 50 feet for a total of 70 feet (dripline dimensions).
Thank you,
Ben Brink
CPG, I.I.C. (Agent)
RUMED
JAN ffOJ21 2022
DCM QGMd Dl cCI TY

11111111111111Pt
APPLICATION for
Major OeVelepment Permit
(Ind mirinsd 72R7W
North Carolina DIVISION OF COASTAL MANAGEMENT
1. •,••••.rr.ryncanvLanuownermrormanon
13winesa Name
N/A
Project Name (rt appscayla)
St. James POA
Inc Gazebo
Applieant 1: First Naaw
An
Last Nana
St. James POA Inc. (c/o Jack)
N/A
Noland
ApplinM 2: Fist Name
MI
Last Maitre
N/A
N/A
N/A
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Hamm to
4140 Southport Supply Rd. SE #B
PO Bills
CkY
SO4
N/A
Southport
NC
ZIP
28461 USA
ftioirit, Nis.
910-297-8518
FAX Na
N/A
Sheet Address/ddiIIyesitkme gypsy
chy
Sim
ZP
N/A
N/A
N/A
N/A
Email jack@st amespoa.net
— 'WW1vwutrdcmr1nr0rmanon
Ikish s Name
CPG, LLC
Apses Cmwaom 1: Fast Naae
MI
Last Nana
Ben
B
Brink
ApsnV UMWA lNr 2: First Name
MI
Last N>rw
N/A
N/A
N/A
Ma" Massa
N/A
Po ea.
Ca
saw
1661
Carolina Beach
NC
Z�
28428
Ph" No. t
PhNo. 2
910-302-5725
N/A
FAX No.
C f
N/A
N/A
Se
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Saga
N/A
N/A
1 N/A
N/A
ZIP
N/A REC
Email
CFornl continues on backer
:IVED
12022
DCM-MHD CITY
252-809-2909 .. 1-8e0-4RCOAS% ww,nccoa stalm an agement.net
RECEIVED
JAN 18 2022
DCM WILMINGTON. NC

Form [)CM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Pem14
7. Project Location
County {wn bt mulW+el SbeKAddrar
Brunswick 2713 St. James Dr. SE
Stile Rtl.R
N/A
subdivision Name
St. James Plantation
coy
Southport
sbde
�
NC
284 i
Phone No.
910-297-8518
LM Nola) (t w W,, aNWh ad�te"poge, dW 6N)
2350000113
a. In which NC river basins sm WaiM boated?
Cape Fear River
P Nameat" dwamr nearest to proposed prgect
AIWW
e s the eaterider d isd in 2) above, � Lrsl or marntide?
d Nast rite closest TABor wale• Dori tr
Y to a Proposed pm.em s b,
X Vxual �� awe 01A�rrort
AIWW
e. Is maposetl wort within cty knits a p'armit+g.,.rissubtt7
_
t If 6t gas planning,eldsdtaim or oily nrnt dte Proppsed
X Yes ENo
work fib a lti.
Town of St. James
a Site Description
1-0 A shtvelne, cr the :rant (4.1
Is. She areetie tad (sq.hl
—547'
425,581.2
e Sae of ndhida lots) d Appltidsde doubts of tact above NIN +eerrott d*b wo&)or
9.77 acres or 425,581.2 sq. ft. '"w6webr�r�.i
—91 X PINWWONWL
t Vagetidm an tap
Coastal Wetland Veg. (spartina alterniflora), joint 404/coastal wetlands (cedars, etc.),
upland species of pine and landscaped shrubs
f Nanatape feaaxes and uses rw an hap
Waterway park includes a walking trail, restroom amenities, and a docking facility with
a gazebo and kayak launch. An oyster sill was installed to prevent shoreline erosion.
g. bVIVIFYa 0 MUnbe M Wsang WWais MIGOW o d» prmPPsod Pro' Va.
Adjacent properties are both residential with single family homes.
k Hw does local govemmrt zone do tract?
i. as the proposed prgect consistent mM the a Pd cook zoning?
SJ-EPUD
Atlaptzoning oompimc eerfifinete ifappi,cable)
Oyes ONO XNA
} is ow proposed acovity Patt y' an ~ wwaWe wn redevelopmerl pmpoaal? Ely" XIN.
t Nos a Pm essonai amhaeoepral assessment teen done for me tract? N yes. ahadr a oM. Qyes ONo X )NA
gyn. bywhorn? REC I
1. Is Ole P+oPosed projep located in A wvo*al Regisoered limdc pisebt or does it empve a Dyp ElmoNational Resider listed or wigibe, orvp.W/ ixHA
1
<Fonn continues on next papas
c'+,- -- .. 1-868-4RCOAST :: www.se tea slwtwswwayewaws_w el
r-u
IVED
12022
DCM-MHD CITY
RECEIVED
JAN 18 2022.
DCM WILMINGTON, NC

Form DCM MP-1 (Pape 3 of 4)
APPLICATION for
Major Development Pemtt
In. (i) AN there Wetlands on the s"i
tXVes L7No
(ii) Are mere coastal mtands on the she? Xryes ONO
(III) If yes W earw fi) or III; above, has a delineation been conducted? ❑Yes X do
(Attach documentation, ifavaiab4)
n. Describe existing Wastewater Peabnert Scilid"
Brunswick County Sewer
o. Describe exindng drinking water soppy source
Brunswick County Water
D. Describe existlng scam xaasr manapemert w deatrnans systems.
N/A
S. Acdvides and Impacts
a riill the projecr 41w can11::: ; 1: Air w praalt use?
Private amme.eial PJPIIc+Gorerrenert
0. riiae a0rief rescr X �Prwase'Commurey
4tb^ of Phapose, use. and tarry opeotlans orthe project atwn cdmpkte.
The proposed expansion of the existing gazebo will give St. James residents greater
access for viewing the AIW W for bird watching, family walks, etc.
o. Describe the Proposer consbu be nr�lrodcbgy types d MneWcdon eghephnem ro be used du cnmeudlon of erry en! and where it is'.o be alc zd nn8 _ttl nunper o?laoit sype
Standard marine construction techniques for piling installation, platforms, roof. Work will
be completed by barge and by light foot traffic.
S. List all dteeelopnwrt aawies you propoee-
The proposal includes adding —50' in length to the existing gazebo parallel to the shoreline.
Final dimensions 70' x 13' (dripline dimensions).
e. Am the Proposed adwlses I irrwnanoe of ar eristirp pmjed. new rrwb, w bah? Both
f. What is the approximate rota: disturbed land Vita rewlblg 4om the proposed Profess. 650
XSq.R wOAmes
g. Will the Proposed Project encroach on any public easement. Public aocessway or odwr arse DYes No
that the public has established use PPX
h. Describe Iocabon and type of existing and proposed cj, cvryes to Waters o` the slap.
N/A
REC
i. Wil wastewater Or stwnwasa• be IfsehVped amid a wetiand? ❑Yas [IN. XNA
dyes, wit this discharged water be o'the same Sall•ty as the rezew�g water^ f]Ves ONO X NA
j. Isthere any mitgatcnproposed? �YeS Qio xNA
F yes, attach a mnigation Proposal Y
-Form colia ties on Dai WeEmm
A52-804-2808 1 .'AST weea..aa Bout alssamago,n- 2
VED
2022
D CITY
DGM WILMINGTON, NC

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Maor Development Pemvt
6. Additional Mfonnation
In addition to this crorn{oleted appficaaon form, 7./P-1) the fh>,Vowing dens bebw, ifapp/iraNe, must be submitred.n order for the appl'ra7kuh package to be complete. heats (al — f o are always applicable to any major devehipment alip6aatlon. Please consult the app
nsbucdon booklet on how to property prepare die required items below. m"bOp
.. A pmlect narrative.
b. An aocurate, dated work Plat (including Plan vim and ttoss-secoonai drawings) drawn to scale. plaase give dre Present static of the
Proposed Protect. Is any Portion .heady oamdate7 tr previously authorized wok, dearly indicate w maps. Plate, tic between work COrhpleted and proposed. drawings dhtihpesh
c. A site or location map mat rs sufficicmtly Mbiletl m wide agency personnel umamiiar with the area to the rile.
d. A copy at me deed (with state application only) v ether moteMR Under which the applicant claims tale to the aTAeled propertles.
e. The appropriate application lee. Check 0, money order made Payatle tP DENR.
f A list of the names and complete addresses of Me adlacent water`rom fdparian; la^.downe•s ana pgned recur^ rzmip!s as proof tha! such
owners have received a copy of the appicayon and Plats icy mni"ied mail. S.c• andaw-en must oe advised that they have 20 days in
which m submt comments on the onoposec pmlect m t^.e Cvaien of Cwsal Managemem
Name Sharon and Peter Renfree
Address 500 Westover Dr. # 11953 Sanford, NC 27330
NaTs Valerie Auclair Vest Revocable Trust
"Od ei 79 Potomac Ave. SE Aut. 1901 Washington, DC 20003
Name
tatae tip.
Addreu
g. A fist or prevkws sdse col,,";, mhs issued yr work on the V01W vacs I141ide perm7�t raceders, pennitee and iss:auq dales
CAMAGPNo.52098 .
— �p0� ��f AoZ ✓
�Ikm D —)1)0$.
h. signed cowratam a agent form, d apolicable.
k Wetland delineation, IF mcessary
F A scared AEC hazard rohre'or pro ec6 in oeearhho�ht tins nw areas !Afustbe signed byprcperty owrher/
k. sraMrnentdcompliancewith Me NC. Erhvironme,tb'Potoy Act; N. .G.S. I?3A 1-Igl,, &I,isary. me lmgee[imaases expendione of public rands M Use o` Public lands, attach a statement dowmenting comPl lance win the North Camli a Ernhomherhtcl Policy Alit.
Itltasstand that any pemvt issued in response to this appomon vrJ1 aloes or ly the develdpntent desThe cribed in the apptica6eak project will be subject to the condrhons and restrictions contained to the Permit -
I certify that I am atNtorized to grant and do in fad grant permission to refxesentapves of state and fender.) review agendes to
girder on the doremensorted lands ion eonnecbOn with evaluating information related to tuts permit appkcabon and fdPol,
montoring of the Project.
I hsther certify that the information prmvtded i n this application is buthful to the beat of MY knowledge.
Date 12-17-2021 Pi Nam Jack Noland
4� RECEIVED
Signature seh.ra p.. m.h u.erm
Please indicate appliwvan atlXhnlents pertanIng to your proposed project F E B 1 1 2 D22
X DCM MP-? Excavation and FII Inion atton EIDCM NIPS Bridges and Cidrettg
11DCM MP Upland Development DCM-MHD CITY
X DCM MP-4Structures Info abon
RECEIVEt
'AN Z-pt 20� ,
252-906 2e0:- 1-tiff-4RCOAt1 it www.eeaoastalmar.nne, m.
M WILMINGTON, NC

Form DCM M113-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Applicaton for LAMA Major Per14. Form DCM MP-t. Be sure to complete all other sections ofthe Joint
Application that relate to this propwed prol Please Inducts all supplemental information.
I. DOCKING FACILITY/MARINA CHARACTERISTICS
a (1) Is the docking'aciktylmanna.
DCommemial OPubliclGovemment XlPnvate:Comm�niry
fi) Dol isi and/or pills)
rill Number —Existing Kayak Launch
(iii) Length - w/stops
(n) Width _
(v}Floating X]Yes DNc
e f) Ate Piadorms induced? XIYes ❑No
di l
(if)Number
!iii)Length j70'
;Iv: Wlddl • 31
;V: Foaling Dyes xlNC
Note: Roofed areas are caieufetad ham dnp,lne dvhkro'om
p (d NUmberof slips proposed
0
(A Number o` sites exist r p
0
i Check me proposed type ofsting.
❑ Lard cut and access channe
DOpen water dredging to, basin and:br chatmel
X Open water no dredpmg required
❑Offer pease describe
it Typical boat le.gt.. Kayaks
in () Wi: the'acilrty have tie pdrgsl
Dyes XINo
fill r yes number of tie pilings?
N/A
❑ Pus section not aopii ble
b. Q; Will the faclity be oper to tire general pub le?
Dyes X'No
d Ones X No
If yes:
iii: Number
iiii)Length _
fiv)'Witer _
(v)Floating ❑Yes ❑No
f Ali) Ara Boadi`K ncluded' Oyes XINo
If yes:
iiil Numbe, _
(iii) Length
(IV) W Idr'
h. Check all tle types o'sen Ces m x provided.
❑ Fall service, including hovel Pit andbr oil teem• c
mairtenance service
❑ Lockage full and mane supplies
❑Cackape i'wet slips-)c^ly, numberdslps
❑ Cry swage: number of boats _
❑ Boat ramp(st: numbs of brat ramps:
X Other, please describe
kayak launch w/ stops existing
) Describe tiw typical boats m be served ie.g , Coen runabout
Charlie, boats, sail boats, mixed types).
N/A
DECEIVED
•.) S'.'i- the `aciliy be open ro the genera p..bke?
13 e- Xiuo FEB 1 1 2022
DCM-MHD CITY
RECEIVED
JAN 18 2022
DCM WILMINGTON, NC

Form DCM MF_ d lCt: "t lures, Page 2 of 4)
2. DOCKING FACILITYINARINA OPERATIONS
X 7his section uror gop(icad'e
a Check each o'the `oik w p sanitarY 1-,'00, 01.21wis be;ro.uded m tnpoposed poled.
❑ 0 r" Toilets
❑ Toilets for pabens. Number._ Locabon:
❑ Showers
❑ 6021holdirp lank pumpout: Give type and location:
b Descnbe treaanent type and disposal locaaon for as samlary wastwavr
c- Describe the dsposal of solid waste, 5sh oft, and aasn.
d. How w.11 overboard discharge of sewage 5em Iwam ce contmllec7
e. f.j Give the location and numoer d'No Swage Disdsaye'sign poj
Di Give the'ocalion and nir ber o"pumpout AvaibiW silim Apposed
Describe the speaa design f applicable, for containing mdustnal type poltulanu, such as paint sandblasting waste mtl peodeun omd.M.
g. iV,em w.11 •e sidue 5pn weed taaiestsats be deposed o-�
h. GW the n.moer Vchan markers aesi'No SVaka'sipn pmposed. _
i. Give the location Of ixl-!iarrdiing facilities, and oesrrioe Me safety �n ms planned b pMtect area ,a2•gality.
j. What will be the marina policY or ovemigts we I seaboard dockage?
k. Describe design measunrs that pmnot boa basin iushing?
1 M this project is a� espansicn of an ezissng manna, rat types of servitxs we curtertdy pmvlded?
FEB 1 1 2022
D CITY
+1ECEIVED
],.,.,.,
JAN 18 2022
DCM WILMINGTON, NC

Form/DCM MP-4 (Structures, Page 3 of 4)
m. Is ry manydocking'aciliry proposed within a primaryar secondarynursery area?
dyes ❑No
n. Is the marm docking utility proposed within or adjacent to any shell ¢h "mest'.ng area?
ElYes No
C. Is the marinaldpekinBa'adlitY proposed within or adjacent ro coasbl swdandvmrs C submerged aquatic vegera6,
ISB). m other wetlands(WL)? a any boxes are checked, provide lee number o' souare feet al'ected.
Ocw ❑^ ❑SB
❑WL
p. Is the proposed manra+docking'acility boated within or wIt"m rose pmxlrn yto any shellfish leases? ❑Yes 0No
'yes, give the r,ame and add�ss v the 'easehoetlens; and giw le proaimiy to We ease
3. BOATHOUSE (rm7ading covered ift)
a. (i) is the boathouse sauxurels;:
11ComrnerDia [1o.1oliaGow ^-men: ❑PM WW--Dnr1.ny
(n) Nurnber _
(iiij LengLe
(iv) Width _
Note: Aooko areas are calvdateo fravn ,,Glme oimen_�onp.
4t GROIN (e-u, wood, shmtpile, etc. VO rock gnxn, wee MP-2- Etcavamn anti Ftf )
a. (i) Numbri _
(ilj Length
Nil M*,
(SAV), shell bottom
X I Ras WCkm Mt apnzalk'e
X I Tft sft—wa not appka to
5. BREAKWATER (ey., Noaq 9iea0* cW Existing oyster sill breakwater x17ftsect mrw aopmcwo
a Length_ to Avaage disunim Opal NNW, NWL. a wedwils
- Maximum distanoz bola d NNW.NWLarwelYrrdy
B. MOORING PILINGS and BUOYS x This secum fine awKaft
DCemmema ❑Pub. uGmemmem F]Pnva Comrnumty
c Disance to De Dlaced beYc^tl s^orel ^e _
Able: TNs ahoJo ✓x measured hom marxb edge. d preunf
e Am of t^e swing
o NYnber
d oesenpE> buoy ego.kncnpDm.sma.l�sk�aG�VED
DCM WILMINGTON, NC

Form DCM MP-4 (Structures. Page 4 of a)
Z GENERAL
a. Prrpdmty df sWuCOae(sl b adjxent ripanan property lines
—170' due West and > 250' due East
Nore. For buoy or mowing p/erq, use a/d d swing nUWing kngdr
of vessel
c 'Wdthof Waterbady
405'
e P:) 'rYill navigationaaids be requimd as a res-t a the projea?
L]Yes ONO kC NA
Iiii Fyes Mblm What type and how they w be plemented.
8. OTHER
a Givecanpetedewipbtm:
Proximity of stmdVejsj to adjacent docking facilities.
> 170'
d. Weser deptP, at wa emard end of selpypm at NLW or N WL
—23" @ NLW
Depth taken 12/20/21 3:00pm
Low Tide 020 2:23pm
❑ This seam rw appAcabk
The growth of the community and the increased usage of the Waterway Park and its amenities has
necessitated the St. James Plantation POA to explore the possibility of expanding their exiting
gazebo on the ICW. We do not have the original permit as it was constructed approximately 20
years ago by the developer who is no longer available. Attached is a plan that shows the existing
gazebo being expanded by 50 feet for a total of 70 feet (dripline dimensions).
12/21/2021
Dote
St. James POA Inc. Gazebo
Project Name
St. James POA Inc. (c/o Jack Noland)
Applicant Name
...n vc xoJ<: v,agl YW 6D
Appbd l Sipma
RECEIVED
FEB 1 1 2022
DCM-MHD CITY
RECEIVED
JAN 18 2022
-- "tu1BUtl :: • -... . RCOAST ::yywsv.rsccoasbislsaaaWensent.nel
revised: 122P�

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
Coastal Permit Guy LLC February 9, 2022
c% Ben Brink
P.O. Box 1661
Carolina Beach, NC 28428
Dear Mr. Brink:
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the St
James Plantation POA, for State approval for development of the subject property located at 2713 St. James Drive
SE, St. James, in Brunswick County. It was received as complete on January 27, 2022 and appears to be adequate
for processing at this time. The projected deadline for making a decision is April 12, 2022. An additional 75-day
review period is provided by law when such time is necessary to complete the review. If you have not been notified
of 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 January 27, 2022, you may request a meeting
With the Director of the Division of Coastal Management and perrnit 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 bee along the road right -of -
property. fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Pc(C iriC
Field Representative
ce: Cameron Luck, DCM
Kim Harding, DMF
ORO
D_EQp
RECEIVE®
USACE FEB 112022
Halley Snider, DWR
Connie Marlowe, LPO St James POA, Applica
ACM-NIFi®CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Exunsion I Wgmington, North Carolina28405
910.796.7215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: St. James Plantation PDA Inc. (Jack Noland)
Mailing Address_ 4140SOL ]'IiPORTSUPMA' RD SE u 13
Southport, NC; 28461
Phone Number: 910-297-8518
Email Address: jadc0-stjamespoa net
I certify that I have authorized CPG, LLC and McPherson Marine
Agent f Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: docking facility
at my property located at 2713 St. James Dr. SE
in Brunswick:
County.
1 furthermore certify that I am authorized to grant, and do in tact grant ,permission to
Division of Coasts! Ada nagement staff, the Local Permit Officer and their agents to enter
on the atoremerftned lands in connection ivtth evaklativg information related to this
permit application.
Property Owner Information:
r.A�aav 10 r. sin A48rSn
Signature
Jack Noland RECEIVED
Paint or Type Name FEB 112022
St. James Plantation POA 2022
Tale DCM-MHD CITY
12 l 17 2021
Date
RECEIVED
JAN 18 2022
This certification is valid through 2 I 17 1 2022
OCM WILMINGTON, NC

CAMA PERMIT
APPLIED FOR
PROJ
!cant
e
n the
COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
p St. James PDX Inc. THE LOCAL PERMIT OFFICER BELOW:
n
c/o Jack Noland m rn iV. O Oas
4140 Southport Supply Rd. SE
m at a R nP. . a-
Southpu1%, C 284 �
<Wilmington,
ent; CPG, LLC _ N ® a PIC
Ben Brink

0
NORTH CAROLINA
hit...uunenLll O"'01r
February 11, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• St. James Plantation POA
Hello: Please publish the attached Notice in the Wednesday, February 16, 2022 issue.
ROY COOPER
Ga.,.
ELIZABETH S. BISER
GCrcmrt
BRAXTON DAVIS
Dimvaq Uncut f(iw.rtal MtnmgrmCrn
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
'"Please send both original affidavit and invoice for payment to:
NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Contact number: 910-796-7226. (Customer No. 489895)
Thank you for your assistance in this matter.
4Sincerely,tila
Permitting Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
RECEIVED
F `� 1 1 r 022
State ofNath Carolita I Environmental Quality l Coutal Management DCM-MHD CITY
127 Cardinal Driw Ex,., Wilmin", NC 28405 919 7% 7215

NOTICE OF FILING OF
APPLICATION.FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On February 9, 2022, St. James Plantation POAproposed to lengthen
the existing gazebo by 501to a final dimension of 70' x 13' at 2713 St James Dr SE, adjacent to the AIWW in
Southport, Brunswick County. Copies of these applicationscan be examined or copied at the office of Patrick
Amico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,
Wilmington, NC 28405, [phone] 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 March 9i 2022 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
FEB 11 2022
DCM-MHD CITY

US Postal Service
CERTIFIED
U.S. Pw
MAIL RECEIPT
CERTI1 RECEIPT
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- -A�.O
_p0mestic Mail Only
F 'F _ U
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7020 2450 01300 6308 5455
-A J-'t
,RECEIVED
FEB 112022
DCM-MHD CITY
RECEIVED
JAN 18 202Z
DCM WILMINGTON, NC

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N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAiVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVER
(Top portion to be completed by owner or their agent)
Name
�offtPrropnerty Owner. �l pl.44f ,, ! b- =.1c,- 1 0 Tad4i o�)
Address of Pro�rty: 2 713 St - ar-4..f Or, SF_ Sot l�n lr� NL Ze l (QU
Mailing Address of Owner.-.wya S. jll..d--S��1Lw,sr u P6Y�-/ti%L
O�•ner's email: iaL AA +tie.i0o4-. rtirfAk Owners Phonie#: 1(�' Z�)7 ' �S/$ �y6 !
Agent's Name: ern l�rr h �4 I Agent Phone.' 41D - ?�OZ - S -7 Z�-
Agent's Email: bw 00 60a r (z( n el-M14nr, t i.i aNn
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom Portion to be completed by the Adjacent P=ertv Owner)
I hereby certify that I own property adjacent to the above referenced property. The Individual applying for this
permit has described to me. as shown on the attached drawing, the development they are proposing. A
description or drawing with dimensions must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C- Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive ExL, Wilmington, NC 284054845- DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive sometall of the 15' setback
S}' -rW~a,f 'S, Signature OfAd/scent Riparian Property 0tvner
OR V�0 2gr--ffi g
L-Wvtjr
I do not wish to waive the 1 T setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Pektr- or S�,arP
ZeIA3
14ar6r rick
RECEIVED
Malting Address of ARPO• SOO to u$'joveX Dr, f-11 q SantroreC NL z-r33o EB 112022
ARPO'semail: re,14-4".@ /f$/U /jejyde ARPO'sPhone#: d� q D
�a l 8R-7G CM-MHD CI7Y
Date: .h�,11.+A.�J waiver is valid for up to one year from ARPO's Signature-
Revise�CJ�uly-ED21
JAI 18 2U2
DCM WILMINGTON, NC

M.C. DMSION OF COASTAL MANAC,MNT
ADJACENT RIPARIAN PROPERTY OWNER N071FICATIONNAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELMRY
(Top portion to be completed by owner or their agent)
`L
Name of Property Owner. ` J� PI�k_rbn P014 Inc• Cyu°1k&w 0J)
Address of Property �7 1u� S+ •Imo, �"�'S ✓' 1SG �,JS o4poc�, %JGuZ 8 �14f
Mailing Address of Owner 4140 O SAP V� PbI Rd, g_ a�q ►Ipe l MC
29V01
Owners email Boa[ {�pS�.la►"?�SP(A' Owner's Phone#: 4F10-U7-e518
Agent's Name:unBfet'`��ceG� Agent Phone#: 41P-S07--5725
Agent's Email:
C4 fV1
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that 1 own property adjacent to the above referenced property. The individual applying for this
permit has described to me• as shown on the attached drawing, the development they are proposing. A
description or drawing. with dimensions must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
ff you have ob)acdons to what is being proposed, you must notify the N.C. Di elsion of Coastal
Management (DCV) In wrtdng within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405.3845. DCM rgprese hothres can also be
contacted at [phone]. No response Is considered the same as no ob)ecWn N you haw bean
notified by CarGfRad Well.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater. boathouse, lift, or
groin must beset back a minimum distance of 15 from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (if you wish to waive the setback, you must pion
the appropriate blank below.)
I DO wish In waive sonetali of the 15' setback--
-OR- eC r` rttKKJ4,5 afu a ofAgacenf Ripanan Property Owrw RECEIVED
+31a. wa.%cr 9 �ligZ FEB 1 1022 1 do not wf h to waive the 16 3908 k rwquirement (initial the blank) mav$us-l'
seTtpNpeafA*KwtRiparian Property, Owtter '*`0QCM-MHD CITY
TYt "Wftfad +tons of AMO:
1"1111p Address ofAtiPgJy�
ARP'o'a.mptl: CxrPXt IOR
!.t
ARPO-ephaneaF 21DZ-Z'SD
Wei: 0 a zt 'tepkar t• Va4d'.for trP to
�L"'P'L aDfaril•tcrf
JAN 18 2022
DCM WILMINGTON, NC

V !. � �Y • � ^4
+f 3 —
r•ti
` / �'• ti ,27J13 St James Dr >E; •• p -
SOUth�olt,NC28461*1 y •
• T �1�;.' a }III � h� .. 1 ;*„ 7 ��...
FJ� F'n�4.t Dak. slantl Aac stdrett"�'
Da 'slant}
Y
S jalTel5 df ria v♦r, ... �..
`.>•v.1 r
- JJJ

,s AMA / DREDGE A FILL
^�
1�1PTO
O
GENERAL PERMIT
t7
Previous permit#
.New Modification Complete Reissue Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and
Natural Resources
and the Coastal Resources Commission in an area of environmental concern
pursuant to 1 SA NCAC_
/^ �� ��++
Applicant Name _(�� �.�Fs.�, lA_._La-A,�
Rules attached
Project Location: County
Address �T �' •LezZ�l�%i.,,.�
Street Address/ State Road/ Lot #(s)
City State ; ZIP 7% I
Phone #( )�'j(., Fax#(13)15
- r
Subdivision
Authorized Agent , l : ..1 Yr. `.`i
City . l:-1t a.f .Q r._+-'_---- - ZIP__. Q� L4 �D --
Affected -CW ''EW '. PTA ES PTS
Phone #
Y
AEC s : OEA HHF IH USA NIA
PWS. FC:
(�
Adj. Wrr_ Body _A T AJ W— (nat /man iunkn)
ORW: yes / no PNA yes ! no Crit. Hab. yes no
Closest Maj. Wtr. Body -
IType of Project/ Activity
Pier ldockl length
Platform(,)
Fnger pier(,)
Gram length
number
Bulkhead/ Riprap length
avg distance offshore
max d ff h
di
ClQ
6c. r�
o s ore
Balmchannel
Y'r" "\� SY
tf
[obit yards _.
r
V ,
� Y
ii�
Boat ramp
Boathouse( Boadift
Beach Bulldozing
Other _
V Vf
f.S
_. (Scale: )
sr� ,i ,ju i ----->
I- to
1
4
V "Y 'IV �V
Shoreline Length Y t V, e+
SAV: not sure yes no _. y , Di.. _.._. v - t [�E�/
it .fa ' j,- Y R EIVED
Sandbags: not sure yes no • • t1., 1F JI {j� ''r
V c
Moratorium: rah yes no
Photos: yes no ,w��� • ( FEB 1 1 2022
waiver Attached: yes no . _ ' N r A }
A building permit may be required by: t f u Il SW IC-L- . , 4 •,,.t See note on back RWH9r
Notes./ Special Conditions r, I. 1 -�
Agent or Applicant Printed Name _
Signature at# Please read compliae statement on back of permit'"
Application Fee(s) Check #
_ RE_ CEIV_ ED
Permk Officer's Signature __�t t,, - - - -
Issuin Date ��4�� J.AN 2 7 2022
6 LV"l Expiration Date
Racal Plammnansdiction DCM WILMINGTON, NC
6) Roverfile Name

to 1
use/Boadih
3ulldoz ng _
N�
he Length sik._
not sure yes no II l VI V r `t
;s: not sure yes no- *' ream: n/a yes no
iCAMA / F DREDGE l FILL 92 OcIg D NO. 14
GENERAL PERMIT Previous permit#
DNew ..Modification i',Complete Reissue , Partial Reissue Date previous permit issued_
orizled by the State of North Carolina, Department of Environment and Natural Resources
Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC
y� i "Rule- attached.
M Nattesa.
3 Project Location: County
Street Address/ State Road/ Lot #(a)
j y
a6 J state lc
R (—) Fax #(__.) Subdivision �
city r _'%�q_ _ ZIP_ F
f 'JCW [IEW PTA -DES [1Pi5
(
Phone # ) River Badn _L
.::OFA ;-: HHF -=1H -USA WA
PWS FQ Adj. Wtr. Body .+'�i_Cv s✓ _ -
yes /, no PNA _yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body —_ - /
)f Project/ Activity j° ci'd % ; ' .e , /t 111"I'A
xk) length
pier(s).
ength _.
ember _—
A/ Ripnp length -,..
I dlst n e offshore
ax distance offshore _
:hannel
Ibis yards
mp
A
f
tI
-� RECEIVED
. .... - ....
FEB 1 1 2022
Attached: yes no
e- no L
M�!Re-CITY
ing permit maybe required by: 7 .a r <:..� /'' �-f h�a�p�,�y
CM -
See RCVCI�
fxt V('u JAN 2 7 2022
DCM WILMINGTON, NC

6 ,� 6V D
MA, / DREDGE & FILL ✓
3 NERAL PERMIT Previous permit#
New Modification Complete Reissue Partial Reissue Date previous permit issued_
-rized by the State of North Carolina, Department of Environment and Natural Resources
-oastal Resources Commission in an area of environmental concern pursuant to I SA NCAC
Rules attached.
itNatneY- .iN5 -'I -;� t.t ir.l Project Location: County__
�:•:..J,.J. Street Address/ State Road/ Lot #(s)
71 tt— `„ � T- _ State C ZIP
yet:+(—._) Subdivision J/itl iw`
md Agent — — ---- — — — — — -- City _ J' — — --- ZIP
W -_ CEW -PTA ES PTS Phone # ( j __. River &Wit
OEA HHF IN URA N/A
PWS:_ FC: Adj. Wtr. Body
yes / no PNA yes / no Crit.Hab. yes / no Closest Maj. Wtr. Body 1-kv_iv
f Project/ Activity
Kk)length
n(s)
reds)
ngth
amber-
4/ ftipnp length f• �"
r
g distance offshore _ e
u distance offshore
hannel-----.—._.
bic yards
mP _
Ise/ Boadift
lulklozmg
ie Length
not sure
yes
M
K: net sure
yes
no
dum: n/a
yes
no
yes
no
Attached:
yes
no
mg permit may be required by
" by DCkk
(Scale:
RECEIVED
FEB 1 1 2022
DCM-MHD CITY
a
.j
T'1
tfiJ !�. �_c �t'Lttty
Se4Gptq. ftrf riling River Basin
JAN 2 7 2022
DCM WILMINGTON, NC

i3mmWicic peIIaty-41egl6tet of Duels
Robert J. Rabitmw
11WL 1181082 Adak 1940PMIe 4f7 Q
10/03/2003 03:25:10Mffi Pec* i 14�aq
I .._._� fief T�i'CJatJ� �Pt"iV
T0V% REV _ 5CN
COMMON A=, A DEED RED � — CK ?alit �{•-CKA�
NORTIICAROLINA-BRUNSWICKCOUNTY C'1511 111iF—liY''�"
THIS DEED is made on October 200, by and bct%%Lcn First St. Jameai Inc., a
North Carolina corporation, Brunswick Harbor, Inc., a North Carolina corporation, and
St. James Plantation, LLC, a North Carolina limited liability company (collectively, the
"Grantor'), and St. James Plantation Prop" Owners' Association, Inc., a North Carolina
nonprofit corporation with an address of P.O. Box 10879, Southport, North Carolina 28441
("Grantee").
1VITNESSETH_
That Grantor, for a wdluablc consideration, the receipt of which is hereby acknowledged,
Juts and by these presents does grant, bargain, sell and com�ey unto Grantee in fee simple, all of
thous certain tracts or parcels of land situated in Brunswick County, North Carolina, and more
particularly described as follows:
All of that tract containing 9_88 acres and designated as Tract I on that
plat of Waterway Park, Sheet I of 2, St. James Plantation, recorded in Map
Cabinet 2 - Page S+ , Brunswick County Registry.
All of that tract containing 4.90 acres and designated as Tract 2 on that
plat of Waterway Park, Sheet 2 of 2, St. James Plantation, recorded in Map
Cabinet gig . Page 61 4a , Brunswick County Registry. RECEIVED
TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and FEB 112022
appurtenances thereto belonging to Grantee in fee simple, nn/�++���
THIS CONVEYANCE IS NUME SUBJECT TO THE FOLLOWING RESTRICTf6W. -MHD CITY
RESERVATIONS AND EXCErrIONS:
1. The above described property is and shall be held as Common Properties, as
defined in that Master Declaration of Cuvenaats, Conditions and Restrictions for
St. James Plantation recorded in ,Book 839, Page 453, Brunswick County
RECEIY!
131922_1 Prepmvd bye Smelt Utly Ayccvk Abel & Livingston P.LL.C. (JAM)
Mthout Agla 'rf#22)
j)GM WILMINGTON, 00

Inst 1 1e1082 (Cool( 1840Pap: Toe
Registry, ar amended, for the uses and purposes, and subject to all of the
covenants, conditions, restrictions, casements and reservations set forth therein.
2. Grantor reserves unto itself. its successors and assigns, a non-exclusive right of
Way and Casement for ingress, e6ress and rcgres3, and for the installation and
maintenance of drainage faci?flies and utilities (including irrigalion), over, upon
and under the above described lamperty, which non-exclusive right of way and
casement may be assigned in whole or in part.
3. 7 cis conveyance is made subiw:t to easements, rights of way and restrictions of
rmurd.
The designation Grantor and Grantee, as used herein, shall include said panics and their
respective successors and assigns.
IN WITNESS WHEREOF, Grantor has caused this instrument to be duly executed as of
the day and year first above written.
FIRST ST. JAMES,INC.
By: / z e
A. Atkinson, Jr., Vice President
BRI NSWICK HARBOR INC.
By:�
01 olm A. Atkinson. Jr., Via President
ST. JAMES PLANTATION, U.0
By: f.
n A. Atkinson, Jr.. Authorized Agent RECENIM
FEB 112022
DCM-MHD CITY
RECEIVEn
n?,art t i3 202Ei
1CM WILMINGTON, (10.

Jtrt t 101082 Book 191U1�: 749
NORTH CARpLNA - RAUNS\NICK COIJN'I'Y
I,� :? ''•
a Notary Public of slid Comity mid Smte, teAify that
JOHN A� ATKINSON, 1R. nally came hcfam ne this day and acknowledged that ho is a Vice
President of FIRST ST. JAMB, INC., a corpomttan, aid that he, as Vice President, being authorized to
do so, executed the forgoing on behalf of the emporaticn.
WITNESS my hand ialsi
(Notary Seal)
My Commission Exp
LIc
UK -
this day ofs�, 20 U3.
Nootary utQlp
NORTli C,ROLINA - BRUNSWICK COUNTY
1, \\'r y ,a4 a Noary Public of said County and Slate, certify that
JOIN A, A KINSO . Jll p li) cane 6cforc me this day and acknowledged that Ito is a Vice
Pmsidmt of BRL'NSWICK HARBOR, INC., a corporaion, and that he, as Vice President, being
authorized to do so, executed the [foregoing on behalf ofthc corporation.
WITNESS my hand epd' left
�4,
is
�J y
My Commission Expiros?s yh�
NORTH C�ROLINA-➢RUNSWICK COUNTY"
r
day of -44,r& 20 1C
Notary Public(.)
1 i
I, a Notmy Public of said County add State, certify that
J014N A• A=SON, JR, pe nally appeared before me this day and acknmvledged that lie is an
Authorized Agent of ST. JAMES PLANTATION, LLC, a North Camlina limited liability company, and
further acknowledged the due execution of the foregoing instrument on behalf of the company.
WITNESS my hand and official seal, this-3 day of
(Notary Seal)
IN
My Commission Expires:
A94t�ra
TATE OF NORTH CAROL['
OUNTY OF BRUNSWICK DAWN BOLING
file Fowgang(or. annexed) Cenifa:ate(s)of _
otary(ies) Public is (are) Certified to be Correct. 9th Or. one1: x---t":3!—
his Instrument was filed for Registration on this Day of
RECEIVED
FEB 1 1 2022
M-MHD CITY
i the Book and page shown on the First Page hereof I -1
RO itt J. RO I N, Registerof Deeds ,_er ev'
JAN 18 zoo
DCM WILMINGTON, NC

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 11, 2022
MEMORANDUM.'
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckoNCDENR.gov
SUBJECT: CAMA
Applicant: St. James Plantation POA
Project Location: 2713 St. James Dr. SE, adj. to the AIWW in St. James, Southport, Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50'to expand the
gazebo to a proposed final dimension of 70' x 13' (dripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico 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.
PRINT
AGENCY
SIGNATURE
DATE
RECEIVED
F EB 112022
DCM-MHD CITY
0.WM�p PMwibIOWY,�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

DMSION OF COASTAL MANAGEMENT a' i
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: St. James Plantation POA (do Agent. Ben Brink) COUNTY: Brunswick
PROJECT NAME: 2713 St. James Dr SE
LOCATION OF PROJECT: 2713 St. James Dr SE, adj to AIWW in St. James, Southport
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-27-22 RECEIVED
FIELD RECOMMENDATION: Attached: Yes To Be Fonvarded: N/A FEB 112022
FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILMINGTON r�+�t�
DISTRICT MANAGER REVIEW: DM'-M-MHD CITY
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#15728
APPLICATION ASSIGNED TO: Lack
PUBLIC NOTICE REC'D: 2-16-22 END OF NOTICE DATE: 3-9-22
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 4-12-22 150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 2-11-22 STATE DUE DATE: 3-9-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM -Field Rep
DCM - LUP Consistency Determination
Local Permit Officer
Corps of Engineers - Regulatory Branch
DWR-401 Section
DWR-Public Water Supply
DEMLR - Stormwater
DEMLR- Sed and Erosion
DOA - State Property Office
V�
Wildlife Resources Commission
3ot
DMF- Shellfish Section
2 '
DMF - Habitat & Enhancement
[�
DNCR -Archives & History
I
t
DNCR- Natural Heritage Program
NCDOT
NC Dept of Commerce
'j (t
k

Recommendations for State Permit- St James Plantation POA 219I22
The square footage of the proposed docking facility is calculated as follows:
Shoreline length = 547 LF. x 8 SFILF = 2000 SF allowable.
Proposed and Existing:
Existing:
Fixed Pier (6' x 213") = not counted for access credit
Floating Dock (20' x 10') = 200 SF
Kayak Launch (5' x 26')=130 SF
Existing Gazebo (13' x 20') = 260 SF
Total existing platform = 590 SF
Proposed:
Gazebo Expansion, and additional (50' x 13') = 650 SF additional
Total platform (existing and proposed combined) =1240 SF
The proposed development would expand the existing fixed covered gazebo to a final dimension of 70' x 13' as
measured from the dripline. As proposed, the project would be CONSISTENT with the use standards set forth in
NCAC 07H .0208(b)(6), including the eight -square foot rule and the '/. width rule. The proposed expansion would be
located -30' landward of the USACE federal channel setback.. This office has no objection to the proposed work,
provided it is consistent with all other local, state, and federal permitting requirements. Any permit issued should
include standard conditions for private docking facilities. Minor increases in turbidity can be expected during the
construction process.
RECEIVED
FEB 1 1 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Ertensinn I Wilmington. North Carolina 29405
910.7%.7215

DCM Coordinator Cameron Luck
County:
Circle ne: Bio Repo / Permit for:
Oversize t:.�
WIRO E-MAILDISTRIBUTION SHEET
\
Permit4:_
DCM Offices:
Morehead City: PT (if oversize) via Courier
'c mQoW,, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
`MHC documents (Cam & Amenday
Wilmington: Original hard -copy
ONLY USACE & DWR (mm): Recommendations, PN, Letter w/Site Card, Fee Chad and Agent Authorization
USACE Wilmington: ender & Carteret Co): PN, CL, Reports, Split Sheet _
use both r ))[e-mail] (NH/BR): PN, CL, Reports, Split Sheet
h.Greg Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: %,Holley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
hider - 401 (PN/ON - Surf City): PN, CL, Reports, Split Sheet
Div of Water Resources: Geri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
DCM Planner/WiRO:
Christenbury
Cultural Resources:
Mike
✓RR ee Gledhill -Earley Environmental.Review cbncdenr oov
Natural Heritage Prog.
Rodney Butler _
DCA-Rural Eco. Dev:
"Mark Ziegler
NC DOT:
0/avid Harris _
Wildlife Resources:
✓Maria Dunn w/Reports
State Property Office:
M Walton: DEED
e Moser _
anda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
p�
�Jzfemy Humphrey (Bio) / Shannon Jenkins (Po
vSharon Gupton, Admin.
DEMLR:
Cpristine Hall - Stormwater Section
Sams - Land Quality Section
�an _
Public Water Supply:
Aeidi Cox
City of Wilmington:
KM pr�n-F -- en _
Enforcement:
t+' oel m"
t,/Field Rep: !1 Y
Co.
✓ %✓1 ��
LPO
Agent:
DISTRIBUTED: 1 �
RECEIVED
F EB 112022
Updated W9121 CAMAS 8 q�
DL;fnX�grsrd st

ROY COOPER
Governor
ELIZABETH S. BISER
secretory
BRAXTON DAVIS
Director
February 11, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDEN R.Qov
SUBJECT: CAMA
Applicant: St. James Plantation POA
Project Location: 2713 St. James Dr. SE, adj. to the AIININin St. James, Southport, Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50' to expand the
gazebo to a proposed final dimension of 70' x 13' (dripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water
SIGNATURE fgca/Q
DATE 2-17-22
RECEIVED
FFR 171U21
MP SECTION
DCM - MHD CITY
North Carolina Department of Environments]Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington,Nanh Carolina 28405
m�.masoomlowy� /�
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 11, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck cDNCDENR.gov
SUBJECT: CAMA
Applicant: St. James Plantation POA
Project Location: 2713 St. James Dr. SE, adj. to the AIWW in St. James, Southport Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50' to expand the
gazebo to a proposed final dimension of 70' x 13' (dripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Hardi
AGENCY NCDMF
SIGNATURE
DATE 02/28/2022
RECEIVED
FEB 2 8 2021
MP SECTION
DCM - MHD CITY
North Carolina Deparnnentpf Envitonmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2t1405
exnm rumuNn
�wo,w_001-3 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 11, 2022
t_. 22'n .1 S. oI
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:[phone] (Courier11-12-09)
ca meron.lucka_ NCD ENR.00v
SUBJECT: CAMA
Applicant: St. James Plantaffon PDA
Project Location: 2713 St. James Dr. SE, adj. to the AIWW in St. James, Southport, Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50'to expand the
gazebo to a proposed final dimension of 70' x 13' ildripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico 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.
PRINT NAME -
AGENCY �' C4,1 R.0
RECEIVED
SIGNATURE
MAR 0 11111
�2Z MP SECTION
DATE 3 9-
DCM - MHD CITv
North Carolina Department of Environmental Quality I Division of Coastal Management
a
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
`'imua�.numuar� 910.796.7215

' Received: 02/14/2022
.r State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 11, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
ER 22-0539 Due: 2/22/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
camero n.lucknaNCD E NR.Qov
SUBJECT: CAMA
Applicant: St. James Plantation POA
Project Location: 2713 St. James Dr. SE, adj. to the AIWW in St. James, Southport, Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50' to expand the
gazebo to a proposed final dimension of 70' x 13' (dripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY Striate Historic PreseQrev�ation Office DECEIVED
(
SIGNATURE W air u
esMAR 0 12022
MP SECTION
nrM - MHD CITY
DATE March 01, 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
amumwuuwm� /'� 910.796.7215

ROY COOPER
Covemor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 11, 2022
MEMORANDUM.
NORTH CAROLINA
Envbonmental Quality
FROM: Cameron Luck, Assistant Major Permits' Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(aNCDENR cov
SUBJECT: CAMA
Applicant: St. James Plantation POA
Project Location: 2713 St. James Dr. SE, adj. to the AIWW in St. James, Southport Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50' to expand the
gazebo to a proposed final dimension of 70' x 13' (dripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are, incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME M h r k rz 1 ! Z 7
AGENCY NG 2 f7 } • o f 6y 11 w t✓c2
SIGNATURE �rI , / RECEIVED
DATE 314 al MAR 0 54022
MP SECTION .
DCM - MHD CITY
X
North Carolina Department of Environmental Qpality I Divi ion of Coastal Management
'jj Wilmington Office 1 127 Cardinal Drive EMenslon I Wilmington. North Carolina 29405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
RECEIVED
February 11, 2022
FEB 11-2022
MEMORANDUM:
mp SECTION
DCM - MHD OTY
FROM:
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)N CDENR.gov
SUBJECT:
CAMA
Applicant: St. James Plantation POA
Project Location: 2713 St James Dr. SE, adj. to the AIWW in St. James, Southport, Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50' to expand the
gazebo to a proposed final dimension of 70' x 13' (dripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/ Recreational Water Quality
SIGNATURE K g,4, L for Shannon Jenkins
DATE 02/11/2022
North Carolina Department of Environmental Quality l Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
1
nodv ,u�wwu\ �
910,796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
DATE:
February 28 , 2022
FROM: Holley Snider fliU
NORTH CAROLINA
Environmenta(Quallty
DECEIVED
NCDEQ Division Water Resources FFR 2 8 2ut2
401 Buffer Permitting Branch
MP SECTIUh,
SUBJECT: DWR#20140620v2 DCM - MHD r ITy
No Written Approval Required
PROJECT LOCATION: St. James Plantation, Southport, Brunswick County
2713 St. James Dr. SE - community dock property
PROPOSED PROJECT: Expansion of an existing fixed platform to 70 feet long by 13 feet wide.
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated January 27, 2022 and received by this office on February 11, 2022..
The waters of the Atlantic Intracoastal Waterway are classified as SA;HQW by the Division of Water
Resources (DWR) and has been determined to be a Primary Nursery Area (PNA) by the Division of
Marine Fisheries (DMF). Please understand that the waters around your project area have been
identified as a PNA, and should requests for dredging within the proposed project area arise in the
future, they will be denied. Please be aware that new dredging within a PNA is not permitted under
15A NCAC 02B .0220. This activity results in degradation of water quality standards and is therefore
considered a water quality violation. Any turbidity standard violations of waters going into these
creeks are also considered Water Quality Violations. Citation: 15A NCACO2B .0220
In accordance with the attached General Certification #4501 (GC 4501), the impacts described in
your application do not require written authorization to utilize GC 4501. However, you are required
to follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(but not limited to erosion and sedimentation control regulations and state stormwater
requirements before you proceed with your project). Also, the approval to proceed with your
proposed impacts to waters a depicted in your application shall expire upon expiration of the404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
E Q-2� North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 2W5
`"o'�v^..�awcu� /✓ 910.796.7215

RECEIVED
FFA 2 8 iu/1
MP SECTION
DCM - MHD rrly
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939.465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4501
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT
ACT)
Water Quality General Certification Number 4501 is issued in conformity with the requirements
of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 028.0200 forthe discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Programmatic General Permit 198000291.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter
set forth.
Effective date: January 3, 2022
RECEIVED
FEB 2 8 2022
Signed this day: October 28, 2021 MP SECTION
DCM - MHD CITY
By
EooNNsionee nby-.PAYAkf
eFs�eesaeoo2a�s...
for
S. Daniel Smith
Director

DocuSlgn Envelope ID: 7ABBF9AE-0944-472F-9939-465216A3F5A9
GC45O1
GENERAL CERTIFICATION COVERAGE:
Activities that are eligible for US Army Corps of Engineers Wilmington District's Programmatic
General Permit 198000291 qualify for coverage under this General Certification unless they
meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or
circumstances listed below are not eligible for coverage under this General Certification and
require an Individual401 Water Quality Certification from the Division of Water Resources
(DWR):
a) If any of the conditions of this General Certification cannot be met; or
b) Activities authorized by CAMA Major Development Permits, except:
i. Boat Ramps and associated access (i.e. roads and parking lots) that involve the
excavation or filling of less than 500 square feet total of wetland and open water
area, with the exception that the excavation or filling of coastal wetlands (as
defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
ii. Shoreline protection measures (excluding living shorelines/marsh sills) that (1) tie
into existing bulkheads, land, or other shoreline protection measures or (2) do not
extend waterward of the normal high water or normal water line more.than 10
feet, provided the activity will not involve the excavation or filling of any
Submerged Aquatic Vegetation (SAV) or significant shellfish resources (as
identified by the Division of Marine Fisheries) and impacts less than 500 square
feet total of wetland, with the exception that the excavation or filling of coastal
wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet;
iii. Living shorelines/marsh sills where (1) the landward edge of the sill does not
extend waterward of the normal high water or normal water line more than 30
feet or five feet waterward of the existing wetlands whichever distance is greater,
(2) the activity will not involve the excavation or fill of any Submerged Aquatic
Vegetation (SAV) or significant shellfish resources (as identified by the Division of
Marine Fisheries), and (3) does not result in any fill landward of the toe of the sill
alignment, provided the Division of Coastal Management representative submits a
copy of the written authorization for the General Permit to the Division upon
issuance; or
iv. Piers and docks designed to accommodate up to but not exceeding 10 vessels
(except where prohibited in Outstanding Resource Waters (ORW) as defined in
15A NCAC 02B. 0225(7) & (8)) and where the water depth is equal to or greater
than two feet of water at normal low water level or normal water level (whichever
is applicable);
V. Maintenance dredging of less than 0.5 acres of open water or non -vegetated
wetlands, provided that the applicant can provide documentation showing the
historic dimensions of the dredged channel, and no SAV or shellfish beds are
excavated or filled;
vi. Projects that involve only shading of waters or wetlands that do not meet the
criteria listed in item (iv) above; NED .
WtECE
Page 2 of 15 1021
FEB 2 8
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DCM

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC4501
vii. Utility lines, except wastewater lines and potable water discharge lines which are
subject to an NPDES Permit, as long as all impacts are temporary;
viii. Upland development which involves no more than 1/10 of an acre of excavation or
filling of non -coastal wetlands, with the exception that no more than 2,000 square
feet of the non -coastal excavation or filling may take place within a Coastal
Shoreline Area of Environmental Concern (AEC). For the purposes of this area
calculation, the excavation or filling impacts of the entire project shall be
considered, which may include boat ramps, bulkheads or other shoreline
stabilization measures; and
ix. Single family home construction that results in fill of wetlands; or
c) Any stream relocation or stream restoration; or
d) Any high -density project, as defined in 15A NCAC 02H .1003(3) and by the density
thresholds specified in 15A NCAC 02H .1017, which:
i. Disturbs one acre or more of land (including a project that disturbs less than one
acre of land that is part of a larger common plan of development or sale); and
ii. Has permanent wetland, stream or open water impacts; and
iii. Is proposing new built -upon area; and
iv. Does not have a stormwater management plan reviewed and approved under a
state stormwater programs or a state -approved local government stormwater
programz.
Projects that have vested rights, exemptions, or other legacy rights or exemptions from
state or locally -implemented stormwater programs and projects that satisfy state or
locally -implemented stormwater programs through use of community in -lieu fee
programs require an Individual401 Certification; or
e) Any impacts to SAV or significant shellfish resources as identified by the (DMF); or
f) Any permanent impacts to Unique Wetlands (UWL) [15A NCAC 02B .0231]; or
g) Any impacts to subject water bodies and/or state regulated riparian buffers along
subject water bodies in the Neuse, Tar -Pamlico, or Catawba River Basins or in the
Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or
watershed with State Regulated Riparian Area Protection Rules in Chapter 2B of Title
15A in the North Carolina Administrative Code in effect at the time of application)
unless:
i. The activities are listed as "EXEMPT" or "DEEMED ALLOWABLE" from these rules;
or
ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal
Management (DCM); or
iii. A Buffer Authorization Certificate, Certificate with Exception, or Minor Variance
is issued by a delegated or designated local government implementing a state
riparian buffer program pursuant to 143-214.23.
1 e.g. Coastal Counties, HQW, ORW, or state -implemented Phase II NPDES RECEIVED
z e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater
Management Program
FEF 2 8 ZGZZ
Page 3 of 15
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DocuSign Envelope ID: 7AB8F9AE-0944472F-9939-465216A3F5A9
GC4501
In accordance with 15A NCAC 02H .0503(f), the Director of the North Carolina Division of Water
Resources may require submission of a formal application for Individual Certification for any .
project if it is deemed in the public's best interest or determined that the project is likely to
have a significant adverse effect upon water quality, including state or federally listed
endangered or threatened aquatic species, or will degrade the waters so that existing uses of
the waters or downstream waters are precluded.
This General Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those
required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This General Certification neither grants nor affirms any property right, license, or privilege in
any waters, or any right of use in any waters. This General Certification does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other
person and does not create any prescriptive right or any right of priority regarding any usage of
water. This General Certification shall not be interposed as a defense in any action respecting
the determination of riparian or littoral rights or other rights to water use. No consumptive
user is deemed by virtue of this General Certification to possess any prescriptive or other right
of priority with respect to any other consumptive user regardless of the quantity of the
withdrawal or the date on which the withdrawal was initiated or expanded.
Upon the presentation of proper credentials, DWR may inspect the property.
This General Certification shall expire on the same day as the expiration date of the
corresponding Nationwide Permit. The conditions in effect on the date of issuance of
Certification for a specific project shall remain in effect for the life of the project, regardless of
the expiration date of this General Certification. This General Certification is rescinded when
the US Army Corps of Engineers reauthorizes the corresponding Nationwide Permit or when
deemed appropriate by the Director of the Division of Water Resources.
Non-compliance with or violation of the conditions herein set forth by a specific project may
result in revocation of this General Certification for the project and may also result in criminal
and/or civil penalties.
I. ACTIVITY SPECIFIC CONDITIONS:
1. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-
7215) Regional Office, as applicable, are notified and provide approval prior to the release.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for
all best uses provided for in state rule (including, at minimum: aquatic life pr49EM I ED
survival, and maintenance of biological integrity, wildlife, primary contact recreation,
FEB 2.81U'a
Page 4 of 15 MP SECTION
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DocuSign Envelope ID: 7ABBF9AE-0944-472F-9939-465216A3F5A9
GC45O1
agriculture, and shel fishing for market purposes); and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
2. If this Water Quality Certification is used to access residential, commercial or industrial
building sites, then all parcels owned by the permittee that are part of the single and
complete project authorized by this Certification must be buildable without additional
impacts to streams or wetlands.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); ISA NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
3. For road construction purposes, this Certification shall only be utilized from natural high
ground to natural high ground.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
4. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A
NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), Non -Jurisdictional
Wetland Rules (15A NCAC 02H .1400), and/or State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code. These mechanisms shall
be put in place at the time of recording of the property or individual parcels, whichever is
appropriate.
Citation: 15A NCAC 02H .0502(a); 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. In determining that the proposed
activity will comply with state water quality standards (including designated uses, numeric
criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate
if the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards or would result in secondary or cumulative impacts.
5. For living shorelines, the sills shall have at least one five-foot opening every 100�00CCff���((����]] Say
be staggered or overlapped or left open as long as the five-foot separation b�i4b�frSd�ons
Page 5 of 15 FEB 2 8'2022
MP SECTION
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DocuSlgn Envelope ID: 7A88F9AE-0944-472F-9939-465216A3F5A9
GC4501
is maintained. Overlapping sections shall not overlap more than 10 feet.
Citation: 15A NCAC 0211.0506(b)(1) and (3), 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses (including aquatic life propagation, survival, and maintenance of biological
integrity) provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
6. For living shorelines, the permittee shall employ all sedimentation and erosion control
measures necessary to prevent an increase in sedimentation and turbidity within waters and
wetlands outside the permitted area. This shall include, but is not limited to, the immediate
installation of silt fencing, turbidity curtains or similar appropriate devices around all areas
subject to soil disturbance. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971.
Citation: 15A NCAC 02H .0506(b)(1) and (3); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses (including aquatic life propagation, survival, and maintenance of biological
integrity) provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
11. GENERAL CONDITIONS:
1. The permittee shall report to the appropriate DWR Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally
within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee became aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that
precludes any best use on a short-term or long-term basis.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the
footprint of the impacts (including temporary impacts); or beyond the thresholds
established for use of this General Certification and Programmatic General Permit.
Citation: 15A NCAC 02H .0506, 15A NCAC 01H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule (including, at minimum: aquatic life propagation,
survival, and maintenance of biological integrity; wildlife; secondary contact recreation;
agriculture); and that activities must not cause water pollution that precludes any best use
on a short-term or long-term basis.
RECEIVED
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DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939.465216A3F5A9
GC4501
3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer
Rules in Chapter 213 of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
4. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and
erosion so that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control
measures shall be equal to or exceed the requirements specified in the most recent version
of the North Carolina Sediment and Erosion Control Manual, or for linear transportation
projects, the North Caroline Department of Transportation Sediment and Erosion Control
Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project.
Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual. Reclamation measures and implementation shall
comply with the reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-1, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in
15A NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A
NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term. basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters ondRFEMVED
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
FEB 2 82022
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DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC4501
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;
and (3) Materials producing color or odor shall not be present in amounts that may cause
adverse impacts on existing wetland uses.
5. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures
shall not be conducted in a manner that results in dis-equilibrium of any wetlands,
streambeds, or streambanks. Any silt fence installed within wetlands shall be removed
from wetlands and the natural grade restored within two (2) months of the date that
DEIVILR or locally delegated program has released the specific area within the project to
ensure wetland standards are maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC
02B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;
and (3) Materials producing color or odor shall not be present in amounts that may cause
adverse impacts on existing wetland uses.
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be
used along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters
or wetlands, and any surface waters or wetlands downstream, continue to support existing
uses during and after project completion. The Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of
�ECEIVED
standards, or would result in secondary or cumulative impacts.
Page 8 of 15 FER 2: 81021
NIP SECTION
DCM - MHD CITY

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC4501
7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and
maintenance, self -monitoring, record keeping and reporting requirements is required.
The North Carolina Department of Transportation (NCDOT) shall be required to be in full
compliance with the conditions related to construction activities within the most recent
version of their Individual NPDES Stormwater Permit Number NCS000250.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC
02B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses, and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these
levels due to natural background conditions, the existing turbidity level shall not be
increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases
shall not be present in amounts that may cause adverse impacts on existing wetland uses;
and (3) Materials producing color or odor shall not be present in amounts that may cause
adverse impacts on existing wetland uses.
8. All work in or adjacent to streams shall be conducted so that the flowing stream does not
come in contact with the disturbed area. Approved best management practices from the
most current version of the NCSediment and Erosion Control Manual, or the NC
Department of Transportation Construction and Maintenance Activities Manual, such as
sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize
excavation in flowing water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50
Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU
in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs nottCrg )BEd
designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds
Page 9 of 15 FEB 2 8'2022
MP SECTION
DCM - MHO CITY

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939465216A3F5A9
GC4501
levels due to natural background conditions, the existing turbidity level shall not be
increased.
9. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agencyresponsible for the given
moratorium.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best
usage of receiving and downstream waters, water quality based management practices
must be employed to protect against direct or indirect discharge of waste or other sources of
water pollution. Surface water quality standards require that conditions of waters be
suitable for all best uses provided for in state rule (including, at minimum: aquatic life
propagation, survival, and maintenance of biological integrity, wildlife, secondary contact
recreation, agriculture), and that activities must not cause water pollution that precludes
any best use on a short-term or long-term basis.
10. In -stream structures installed to mimic natural channel geomorphology such as cross -vanes,
sills, step -pool structures, etc. shall be designed and installed in such a manner that allow
for continued aquatic life movement.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
11. Culverts shall be designed and installed in such a manner that the original stream profiles
are not altered and allow for aquatic life movement during low flows. The dimension,
pattern, and profile of the stream above and below a pipe or culvert shall not be modified
by widening the stream channel or by reducing the depth of the stream in connection with
the construction activity. The width, height, and gradient of a proposed culvert shall be
such as to pass the average historical low flow and spring flow without adversely altering
flow velocity. If the width of the culvert is wider than the stream channel, the culvert RECEIVED
Page 10 of 15 FEB a 82011
MP SECTION
®CM - MHD CITY

DocuSign Envelope ID: 7ABBF9AE-0944-472F-9939-465216A3F5A9
GC45O1
include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of
the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be
accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that
they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of
the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow
low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool
or scour hole and designed to provide for aquatic passage, then culvert burial into the
streambed is not required.
For structures less than 72" in diameter/width and in area where topographic constraints
dictate culvert slopes will be greater than 2.5%, culvert burial is not required, provided that
all alternative options for flattening the slope have been investigated and aquatic life
movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes,
sills, baffles etc.). Notification, including supporting documentation to include a location
map of the culvert, culvert profile drawings, and slope calculations, shall be provided to
DWR 30 calendar days prior to the installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that
there is sufficient documentation of the presence of bedrock. Notification, including
supporting documentation such as a location map of the culvert, geotechnical reports,
photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the
installation of the culvert. If bedrock is discovered during construction, then DWR shall be
notified by phone or email within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. When roadways,
causeways, or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges shall be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
destabilization of streams or wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening
methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
RECEIVED
Page 11 of 15 FEB 2 82022
MP SECTION
DCM - MHD CITY

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC4501
12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.)
before entering the stream.
Citation: 15A NCAC 02H .0506(b); 15A NCA C 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian
areas and/or wetlands shall be conducted at agronomic rates and shall comply with all
other Federal, State and Local regulations. Fertilizer application shall be accomplished in a
manner that minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses.
14. If concrete is used during construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 028.0200
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses.
15. All proposed and approved temporary fill and culverts shall be removed and the impacted
area shall be returned to natural conditions within 60 calendar days after the temporary
impact is no longer necessary. The impacted areas shall be restored to original grade,
including each stream's original cross -sectional dimensions, planform pattern, and
longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with
native vegetation.
RECEIVED
Page 12 of 15 FEB 2 82022
MP SECTION
®CM - MHD CITY

DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
GC4501
Citation: 15A NCAC 02H. 0506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Protections are necessary to
ensure any remaining surface waters or wetlands, and any surface waters or wetlands
downstream, continue. to support existing uses after project completion.
16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be
installed as outlined in the most recent edition of the North Carolina Sediment and Erosion
Control Planning and Design Manual or the North Carolina Surface Mining Manual or the
North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during
use of this General Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCA C 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. Ensuring that in -stream
structures are installed properly will ensure that surface water quality standards are met
and conditions of waters are suitable for all best uses.
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the
approved construction activity. All rip -rap shall be placed such that the original streambed
elevation and streambank contours are restored and maintained and shall consist of clean
rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other
approved materials shall not result in de -stabilization of the stream bed or banks upstream
or downstream of the area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to
prevent movement by wave, current action, or stream flows, and shall consist of clean rock
or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the
streambed except in specific areas required for velocity control and to ensure structural
integrity of bank stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
RECEIVED
Page 13 of 15 FEB 2 8 Y022
MP SECTION
DCM - MHD CITY

DocuSign Envelope ID: 7ABBF9AE-0944-472F-9939465216A3F5A9
GC4501
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
19. Rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal
Management General Permit for construction of Groins in Estuarine and Public Trust Waters
and Ocean Hazard Areas) shall meet all the specific conditions for design and construction
specified in 15A NCAC 07H .1405.
Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 et seq.
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids,
or other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the
maximum extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200
Justification: A project that affects waters shall not be permitted unless the existing uses,
and the water quality to protect such uses, are protected. Activities must not cause water
pollution that precludes any best use on a short-term or long-term basis. As cited in Stream
Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as
shall not render the waters injurious to public health, secondary recreation, or to aquatic life
and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the
waters for any designated uses.
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be
taken to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and
physical characteristics are protected; populations of wetland flora and fauna are
maintained to protect biological integrity of the wetland; and materials or substances are
not present in amounts that may cause adverse impact on existing wetland uses.
22. In accordance with G.S 143-215.85(b), the permittee shall report any petroleum spill of 25
gallons or more; any spill regardless of amount that causes a sheen on surface waters; any
petroleum spill regardless of amount occurring within 100 feet of surface waters; and any
petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. RECEIVED
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) FEB 2 8,2022
Page 14 of 15 MP SECTION
DCM - MHD CITY

DocuSign Envelope ID: 7ABBF9AE-0944-472F-9939-465216A3F5A9
GC4501
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or
are proposed to be taken to contain and remove the discharge. This action is required in
order to contain or divert the substances to prevent entry into the surface waters. Surface
water quality standards require that conditions of waters be suitable for all best uses
provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation, agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
23. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance
with §303(d) of the Clean Water Act), and any other appropriate requirements of State and
Federal Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable
for all best uses provided for in state rule, and that activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. The Division must evaluate if
the activity has avoided and minimized impacts to waters, would cause or contribute to a
violation of standards, or would result in secondary or cumulative impacts.
24. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this General Certification. A copy of this General
Certification shall be available at the project site during the construction and maintenance
of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of
this 401 Water Quality General Certification to minimize water quality impacts.
History Note: Water Quality Certification (WQC) Number 4501 issued October 28, 2021 replaces
WQC 4175 issued February 1, 2019; WQC 4175 issued December 14, 2018, WQC 4144 issued
December 1, 2017; WQC 4097 issued March 6, 2017, WQC 3900 issued March 19, 2012, WQC
3641 and 3642 issued March 19, 2007; WQC 3371 and 3400 issued March 18, 2002; WQC 3274
issued June 1, 2000, WQC 3112 issued February 11, 1997; and WQC 3025 issued September 6,
1995.
REECEIVED
FEB 2 81011
Page 15 of 15 DCMP SECTION
M MHD CITY

MEMORANDUM
To: Cam Luck
From: Michael Christenbury
Subject: Consistency Determination, Major Permit Application, St. James
Plantation POA — Brunswick County
Date: May 9, 2022
This project is consistent with the Brunswick County Land Use Plan Update.
The applicant proposes to lengthen the existing gazebo by 50' to expand the gazebo to a
proposed final dimension of 70' x 13'. The project is located at 100 Southeast St. SE
(Waterway Park) in St. James Plantation, Brunswick County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA.
Waters at the project site are classified as SA and are open to the harvesting of shellfish.
The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Brunswick County Land Use Plan
and offer the following comments.
The general area of the project is classified as Recreation/open space.
In general, Brunswick County allows development in Recreation/Open Space classified
AECs which is consistent with the State's minimum use standards. The Brunswick
County Land Use Plan contains some policies, which exceed the State's minimum use
standards. However, none of these standards appear to be applicable to this proposal.
This project is consistent and not in conflict with the 2007 Brunswick County Land Use
Plan.
Cc: File RECEIVED
MAY 0 9 2011
MP SECTION
DCM - MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 11, 2022
MEMORANDUM:
NORTH CAROLINA
Envina menta/Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckONCDEN R.cov
SUBJECT: CAMA
Applicant: St. James Plantation PDA
Project Location: 2713 St. James Dr. SE, adj. to the AIWW in St James, Southport, Brunswick
County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50' to expand the
gazebo to a proposed final dimension of 70' x 13' (dripline).
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 9, 2022 If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE Wotw-a� GG
DATE February 23,2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I wlimington, North Carolina 28405
910.796.7215

Roy Cooper, Governor
TO:
North Carolina
Department of Administration
State Property Office
February 23, 2022
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
camcron.luckCciNCD)~;NR.goc
FROM: Wanda Hilliard (W calplk "
Real Property Agent
Department of Administration
Pamela B. Cashwell
Secretary
Tim Walton
Dlrector
Applicant: St. James Plantation POA
Project Location: 2713 St. James Dr. SE, adj. to the AIWW in St. James, Southport, Brunswick County
Proposed Project: The applicant proposes to lengthen the existing gazebo by 50' to expand the gazebo to a
proposed final dimension of 70' x 13' (dripline)
Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the
State Property Office has no comment on the proposed project.
State of North Carolina I State Property Office
n6 West Jones Street, Suite 405S 11321 Mag Service Ctr. I Raleigh, NC 27699
9842360270 TI Web:httpJ/www.ncspo.com

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
2/11/2022
St James Plantation
same
Bank of
15728
$250.00
major fee, 2713 St James Dr SE, St
PA rct.
POA Inc.
Nevada
James, Southport BR NO split
16542
n
m
M
n
®
n
o
N
N
M
m

Major Permit Fee Schedule
94 sc1mNt6 70,4 o(5 -7212s
Project NameQ)Q?;�k Q�rOv' County: 5vn5wx (c Check No & Amount: aZ50
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Privatenon-commercial development
that does not involve the filling or
$260
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas.
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands andfor open water areas,
determine if A,B, C, or D below applies'
III(A). Private, non-commercial
development, If General water Quality
$250
100% ($250)
0°/, ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($O)
No. 4175 can be applied.
III(C) If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied'
$400
60% $240
( )
°
40 /o ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas.
RECEIVED
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DCM-MHD CITY

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Page 1 of 3
Top View Drawing
Existing Structures
12/21/2021
Scale Approx. 1" : 60'
St. James POA Inc. (c/o Jack Noland)
AIWW N
Waterbody Width: —405'
................................
USACE Setback
23" A NLW Exi$dng Gazebo (22's 13' DripJirre Dimensiono
Existing Kayak Launch
I
� Existing Oyster Sill
Existing Oyster Sill (20' x 1(Yand 5' x 26')
t
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COASTAL WETLANDS
COASTAL WETLANDS i
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Existing Pier (140' x 6')
226'
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JAN 18 2022
DCM WILMINGTON, NC

Page 2 of 3
Top View Drawing
Proposed Gazebo
12/21/2021
Scale Approx. V : 60'
St. James POA Inc. (c/o Jack Noland)
AIWW
Watcrbody Width: — 405'
. ..
USACE Setback Existing Gazebo #/proposed addition
23" (a} NI
Existing Kayak Launch
Existing Oyster Sill (20' x 10' and 5' x 26)
COASTAL WETLANDS
Find. (70'x B'Dripline Dimensions)
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2863 Harborside Way
2713 St. James Dr. SE Renfree
St. James POA Inc RECEIVED
JAN 18 2022
DCM WILMINGTON, NC

Page 3 of 3
Cross Sectional Drawing
12/21/2021
Scale Approx. v : 10'
St. James POA Inc. (c/o Jack Noland)
NLW
Coastal Wetland 11
Oyster Sill
-<— N
Gazebo
Launch
@ NLW
AIWW
RECEIVED
FEB 112022
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I CEWED
JAN 18 2022
DCM WILMINGTON, NC

St. James Plantation POA
Page Two
9.PROJECT DESCRIPTION
The project is located at the 100 Southeast Street SE, adjacent to the Atlantic lntracoastal Waterway
(AIWW), in the Town of St. James Plantation, Brunswick County. To find the project site travel south on US
Highway 17 to NC Highway 133 South. Travel approximately 22 miles south on NC-133 to Dosher Cutoff
SE/ NC-133.Turn onto Dosher Cutoff and then turn right at Southport-Supply Rd. SE/ NC-133. Travel
approximately 3.25 miles to the entrance of St. James Plantation. Tum left into St. James Plantation and
follow St. James Drive SE to its end. Take a right at the roundabout and make the first left into Waterway
Park. Please note that St. James Plantation is a gated community and a site visit should be arranged with
the applicant prior to your visit to guarantee access to the site
The project area is located adjacent to a 9.88 acre public park. The shoreline of the park has not been stabilized. The elevation of the tract is approximately 1 O' above normal high water. High ground vegetation
on the tract consists primarily of lawn grasses and ornamental plantings. The highground portion of the park area has a gravel parking lot, gazebo/picnic area with restrooms, and walking trails. Currently there is a
fixed pier with two covered gazebos and a floating dock with kayak launch provide water access. The pier
was authorized and expanded previously via three general permits, GP 31808D issued 8/26/02, GP 52098D issued 5/15/08, and GP 62622D issued 9/18/13. Marsh vegetation consists of Black Needlerush (Juncus
roemerianus) Spikegrass (Distichlis spicata), Glasswort (Salicornia spp), Salt Meadow Hay (Spartina
patens), and Sea Oxeye (Borrichia frutescens) above mean high water, which measures approximately 90'
in width. A fringe of Salt Marsh Cordgrass (Spartina alterniflora) continues below the mean high water line and measures approximately 45' in width.. There are a series of oyster bag sills constructed near the shoreline, originally authorized under GAMA Major Permit 61-14, and expanded several times through minor modifications of the major permit.
The waters of the AIWW, adjacent to the project site, are classified as SB by the North Carolina Division of
Water Resources. The area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries and is closed to the harvesting of shellfish.
PROPOSED PROJECT:
The applicant proposes to lengthen the existing gazebo by 50' to expand to a proposed final dimension of 70' x 13'(dripline). Currently, the access pier (6' x ~213') extends in a southwesterly direction from the
highground. There is an existing covered 'bumpout' fixed platform (13' x 13') located just past the edge of
marsh. The pier currently terminates into a fixed covered gazebo (20' x 13') oriented parallel with the
shoreline. From the eastern side of the existing gazebo, a gangway provides access to a floating dock (20'
x 1 O') and kayak launch (5' x 26'). The proposed expansion of the gazebo would maintain the existing width
of the fixed covered gazebo (13') and extend the covered gazebo laterally, an additional 50' in length, to
create a fixed covered gazebo with a 70' x 13' dripline after the expansion. The proposed expansion is
located over open water, in water depths of approximately 23" at NLW, according to the applicant. There are
no proposed changes to the existing floating structures and no slips are proposed. This project proposal
was discussed in an interagency scoping meeting held virtually on 12/13/2021.
10.ANTICIPATED IMPACTS:
The project would result in the incorporation and shading of approximately 650 square feet of Estuarine
Waters and Public Trust Areas of Environmental Concern. The proposed expansion would not encroach into
the neighboring riparian corridor setback, and be located landward of the USACE federal channel setback.
Temporary increases in turbidity can be expected during construction.
Submitted by: Patrick Amico Date: February 9, 2022 Office: Wilmington
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office I 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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Page 2 of 3
Top View Drawing
Proposed Gazebo
12/21/2021
Scale Approx. V : 60'
St. James POA Inc. (c/o Jack Noland)
2692 Mariners Way
Vest
AIWW N
Waterbody Width: — 405'
USACE Setback Existing Gazebo w/proposed addition
23"ANLW Final; (70'xB'DriplineDimensions) � Existing Oyster Sill
Existing Kayak Launch Existing proposed Gazebo
Existing Oyster Sill
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239'
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2713 St. James Dr. SE
St. James POA Inc.
2863 Harborside Way
Renfree
RECEIVED
JAN 18 2022
DCM WILMINGTON, NC

Coastal Wet!
Page 3 of 3
Cross Sectional Drawing
12/21/2021
Scale Approx. V : 10'
St. James POA Inc, (c/o Jack Noland)
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

August 16, 2022
Regulatory Division

Action ID No. SAW 2022-00382

St. James POA Inc.
Attn: Jack Noland
4140 Southport Supply Rd., SE #B
Southport, NC 28461

Dear Mr. Noland:

Reference your application for a Department of the Army permit to lengthen the existing
gazebo by 50' to expand to a proposed final dimension of 70' x 13'(including dripline). There are
no proposed changes to the existing floating structures and no additional slips are proposed. The
expansion will be located over open water of the AIWW at 2713 St. James Dr. SE, St. James
Plantation, Southport, Brunswick County, North Carolina.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Programmatic General Permit
291 (copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, PGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.

Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office
-2-

Enclosures:

Plans
Manatee Guidelines
GP 291 conditions

Copies Furnished by Email (with enclosures):

NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram
Ben Brink, (CPG, LLC)

-2-

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the submitted
plans, dated September 12 and December 21, 2021, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers (USACE)
prior to implementation.

2. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].

3. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to ensure the
structure and moored boats will not be damaged by wave wash.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

5. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.

6. 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

7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the
North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.

-3-

8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found athttp://www.fws.gov/nc-
es/mammal/manatee_guidelines.pdf.

9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre-project condition.

10.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General 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.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. 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.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. 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).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. 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 umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. 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 US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the 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 RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. 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 may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) 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.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. 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.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps 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. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

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

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

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

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