58-22 Hardy, Eddie & Lynne

Permit Class
NEW
Permit Number
58-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Verint"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Eddie and Lynne Hardy, 8741 Bald Eagle Lane, Wilmington, NC 28411
Authorizing development in New Hanover County at adi. to Futch Creek, at 8471 Bald Eagle
Lane in Wilmington , as requested in the pertnittee's application dated 11/8/21 (MP-
1, MP-4) , including work plan drawings (2) Sheets 1-2 of 2, dated 11/8/21.
This, permit, issued on May 27, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the boatlift and uses located in or over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, shall
become a permanent part of this docking facility without permit modification. No non -water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
2) This permit authorizes 1 additional formalized boat slip for a maximum of 3 formalized boat slips at
this docking facility.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Z_1j1d .
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Perm ittee

r
Eddie and Lynne Hardy
ADDITIONAL CONDITIONS
Permit No. 58-22
Page 2 of 3
3) In order to satisfy concerns of the resource agencies, an electronic stop shall be installed on the boat lift
to limit the minimum height to 18" above the bottom substrate to prevent the boat lift from disturbing
the bottom substrate. The limit shall be functional and remain in place for the life of the permitted
docking facility.,
4) 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.
5) 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.
6) No sewage, whether. treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with,
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
Sedimentation and Erosion Control
9) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
10) 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
11) 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.
12) 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.
13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Eddie and Lynne Hardy Permit No. 58-22
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2022-0635.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

DCM Coordinator: .c iT�_ Permit #: S O _2
MAELING DISTRIBUTION SHEET
NGOu I )1
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington 7 (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 [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
Clif Whitfield (WARD)
Jimmy Harrison
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program
{� Rodney Butler
LPO: `' QOLI 1 `0ra
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANA VEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Eddie &Lynne Hardy COUNTY: New Hanover
PROJECT NAME: 8741 Bald Eagle Lane
LOCATION OF PROJECT: 8741 Bald Eagle Lane, adj. to Futile week, Wilmington RECEIVED
DATE APPLICATION RECEIVED COMPLETE BY FIELD:1-28-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FEB 0 4 2022
FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON -ter
DISTRICT MANAGER REVIEW: DCM"MHD CI I y
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40)42657
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 2-9-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 4-13-22
MAIL OUT DATE: 2-4-22
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE: 3-2-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 3-2-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM—Field RepbI
DCM—LUP Consistency Determination
Local Permit Officer
2
Corps of Engineers —Regulatory Branch
DWR-401 Section
DWR—Public Water Supply
DEMLR — Stormwater
DEMLR— Sed and Erosion
DOA — State Property Office
{
Wildlife Resources Commission
�jCA
DMF — Shellfish Section
K
DMF— Habitat &Enhancement
7i 7iC7
lyy a
DNCR- Archives&History
2
X
DNCR—Natural Heritage Program
NCDOT
NC Dept of Commerce
j "

DCM Coordinator: Cameron Luck
County: ' "
Permit #: 1 r
WIROO E-MAIL DISTRIBUTION SHEET
Circle on : Bio Repo Permit for: �d�� V -,ii�1/l� k✓ Ai
Oversize Plans sent:
DCM Offices:
Morehead City: PT (if oversize) via Courier
*cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
'MHC documents (Cam & Amanda)
Wilmington: Original hard -copy --
ONLY USACE & DWR (mre): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: H;-M r7Tn-der & Carteret Cc): PN, CL, Reports, Split Sheet _
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet_
.Greg Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: ., olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
m er - 401 (PN/ON): PN, CL, Reports, Split Sheet _
+ John Perry on all (training) -401: PN, CL, Reports, Split Sheet
Div of Water Resources: ✓/Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
✓ Kim Harding _
DCM PlannenWiRO:
ike Christenbury
Cultural Resources:
Renee Gledhill -Earley Environmental.Review(a)ncdenr oov
Natural Heritage Prog.
Rodney Butler_
DCA-Rural Eco. Dev:
46ark Ziegler
_
NC DOT:
"D6avid Harris
_
Wildlife Resources:
Maria Dunn w/Reports _
State Property Office:
If Walton: DEED
_
4an Moser
_
_,Wanda Hilliard, Real Property Agent Iota Reports only; i _
Shellfish Sanitation:
d�my Humphrey (Bio) /Shaaaen Jenkins -(Rt)-=
ron Gupton, Admin
DEMLR: -6h stine Hall - Stormwater Section _
- an Sams - Land Quality Section
Public Water supply: -Keldi Cox
City of Wilmington:
Enforcement: Field Rep:
_Co. LPO L' �� ��-� RECEIVED
Agent:
FEB p 4 2022
DISTRIBUTED: Vr DCM-MHD CITY
r AAAA/Qh­m ;. Anne o'A..o I (e/

RECOMMENDATIONS FOR 8741 Bald Eagle Lane, Eddie Hardy 21312022
Shoreline length =176' x 8' =1,408 1`112 (maximum allowable)
Existing pier = 6' x 153' = 918 ftz (credit)
Existing platform =16' x 16' = 256 ftz
Existing floating dock = 8' x 16' =128 ft2
Existing floating dock = 8' x 4' = 32 ft2
Proposed boatlift =15' x 15' = 225 ft2 (not counted)
TOTAL = 416 ft2
This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential
impacts to Primary Nursery Area, shallow bottom, and shellfish beds. Should concerns be expressed over potential impacts from any of
the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location,
design, and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to
avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. The installation of stops
at 18" above the substrate may alleviate potential impacts.
It appears that the project is CONSISTENT with the use standards set forth in NCAC 15A 07H .0208(b)(6), including the eight -square
foot rule, %width rule, and the pier width rule. 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 condifions for private docking facilities.
RECEIVED
FEB 0 4 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISEP
Secretory
BRAXTON DAVIS
Director
February 4, 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(cDNCDENR aov
SUBJECT: CAMA
Applicant Eddie & Lynne Hardy
Project Location: .8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data Is requested.
REPLY: _j', 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 y r V C e t 5 I R. y-
AGENCY NC I)QOf. a� Co11'tlnt'✓u
SIGNATURE I jl a V k Ly
DATE
North Caranina Department oFErdlronmental Quality l Divisional Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�� /s� 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
DATE: May 11, 2022
FROM: Holley Snider �U
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20220635
No Written Approval Required
PROJECT LOCATION:8741 Bald Eagle Lane, Wilmington, New Hanover County
Hardy Docking Facility
PROPOSED PROJECT: Expansion of an existing docking facility to provide mooring for three (3) vessels
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated November 8, 2021 and received by this office on February 4, 2022. The waters of
Middle and Topsail Sound are classified as SA;ORW by the Division of Water Resources (DWR).
Please note that the area surrounding the project site contains submerged aquatic vegetation
(SAVs) and shellfish resources. No impacts to SAVs are authorized by this certification outside the
approved impacts specified herein.
In accordance with the attached General Certification #4497 (GC 4497), the impacts described in
yourapplication do not require written authorization to utilize GC4497. 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 inyour application shall expire upon expiration of the 404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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.
�MD_EQi�
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: 7ABBF9AE-0944-472F-9939-465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4497
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL
GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES)
Water Quality Certification Number 4497 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 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Regional General Permit 197800056.
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
Signed this day: October 28, 2021
M
Coocusiunea by;
P°yvt
ecaieeeasoo a>a
for
S. Daniel Smith
Director

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, — Eddie and
Lynne Hardy, New Hanover County
Date: May 9, 2022
This project is consistent and not in conflict with the 2016 New Hanover County
Comprehensive Land Use Plan.
The applicant proposes to expand the existing docking facility by adding another boatlift
for a total of three (3) boat slips. The project is located at 8741 Bald Eagle Lane,
adjacent to Futch Creek in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are PTA and EW.
Waters at the project site are classified as SA- HQW and are not open to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs, ,
which is consistent with the State's minimum use standards. The 2016 New Hanover
County Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards for marinas. However, none of the policies apply to this
proposal.
Therefore, this project is consistent and not in conflict with the 2016 New Hanover
County Comprehensive Land Use Plan.
Cc: File RECEIVED
MAY 0 M A
MP sr_-0110if
DCM - W84 0;;Tv%

aReceived: 02/09/2022
State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
DIrector
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-0468 Due: 2/17/2022
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)
cameron.luck(d)NCD ENR.gov
SUBJECT: CAMA
Applicant: Eddie & Lynne Hardy
Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March Z 2022. If you have any questions
regarding the proposed project, contact Katharine Elks 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 NAMERenee Gledhill -Earley___
AGENCY
SIGNATURE
DATE
Historic Preservation Office
Pebruary 11, 2022
D Q��
RECEIVED
FEB.117072
MP DCM - MHO C
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 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.luck0)NCDEN R.gov
SUBJECT: CAMA
Applicant: Eddie & Lynne Hardy
Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks 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
DATE 02/04/2022
° D Qi-�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
NORTH CAROLINA
Ehvlronmental Quallty
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 gQNCDENR.gov
SUBJECT: CAMA
Applicant: Eddie & Lynne Hardy
Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022 If you have any questions
regarding the proposed project, contact Katharine Elks 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 agencyapproves 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 mfle-
SIGNATURE _ (
DATE Z o Z Z
ccn North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405
10o0v�'� 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 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 a7NCDENR.00v
SUBJECT: CAMA
Applicant: Eddie & Lynne Hardy
Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 202Z If you have any questions
regarding the proposed project, contact Katharine Elks at(910) 796-7424 when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE fi` k & we
DATE 2-4-22
�FQ
RECEIVED
FFB 0 4.1011
DDM - MHD SECTIONCITY
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

ROY COOPER
Governor
ELIZABETH S, BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
NORTH CAROLINA
Environmental Quality
MEMORANDc.22.02-D"I.o�2,�
UM.'
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)
ca meron.luck(@ NCD EN R.o ov
SUBJECT: CAMA
Applicant: Eddie & Lynne Hardy
Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022 if you have any questions
regarding the proposed project, contact Katharine Elks 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 41r74I Un
AGENCY NCAkc,
SIGNATURE �• f I� RECEIVED
DATE FEB 2 12022
MP SECTION
DCM - MHO CITY
North Carolina Department ofEnvironmental Quality l Dlvlsion of Coastal Management
1/ Wilmington Office 1127 Cantnal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4,2022
MEMORANDUM.
NORTH CAROLINA
EnvmronmentarQuadty
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)
ca meron.luck(cDNCDEN R.gov
SUBJECT: CAMA
Applicant: Eddie d Lynne Hardy
Project Location: 8741 Bald Eagle Ln, ad). to Futch Creek In Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new hoatlift adjacent to the existing floating
dock for a total of three (3) twat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks 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. One slip proposed and two existing totaling three slips
PRINT_NAME Wanda
AGENCY State Prooerty Office
SIGNATURE "A& jk�
DATE February 23, 2022
D��� North Carolina Department of Environmental Quality l Division of Coastal Management
Wfimington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
��'� 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 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 cDNCDENR.gov
SUBJECT: CAMA
Applicant: Eddie & Lynne Hardy
Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 2, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks 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.
X This agency approves of the project only if the recommended changes
are incorporated. See attached. "
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding "install boat life with limit switch at 18"
above the substrate.
AGENCY NCDMF
SIGNATURE K6� YYN
DATE 02/28/2022
RECEIVED
FEB 2 92022
IN SECTION
DOM - MHD CITY
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

Application Review Checklist Letter AY Z� 75 I(j3 r—Z
11r,, pp ,,``-{//�� Placard Commen 3 Z—
Applicant E�7�tit �/„N�.p H rdy) eA-,•� T"i4k05,601pub A qJ01 Comment 312
I I Computer I Zip A]jZt
Agent �t t,�G rj fen rty / VC r " Deficiency Letter?
DW ACK Date 2 DWR Statements
Physical Address 0t�\aB�j.0 LG1^•t , �� rvt'^^�^94( Field Rep. 1
c
AECs �/� Habitat Development WIf ?T/T Designations F SAS Buffer
Riparian/Notification? `Green Card? Signed Form? Obj Waive 15' Fee Schedule -
�� water La,�.•,
\7. Dependent
w�'v`�1�'WY10.3 C�Z'Z/) v V �c Deed?
Raparian rights , ` PH or
From Property line VA 1/4 width?
Nav/Channel Proximity
Residential Commercial
FT' calculations 8ft2or 27ft' N/A
ISSUES OF NOTE
410r-kA,lpruj * `6 c6�
I
-:11le 2
ND SAS , PNA
�Nk
-e%y
3/ 2
i

Major Development
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
Permit Checklist
Permit #
MPl I MP2 MP3 I MP4 I MPS
USACE SAW #
Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Eddie & Lynne Hardy, cto Rick Penny
2. LOCATION OF PROJECT SITE: 8741 Bald Eagle Lane, adjacent to Futch Creek, Wilmington New Hanover County,
Latitude: 340 18'02.74" N, Longitude: 770 44' 36.24° W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 9/13/2021 and 202022 Was Applicant Present —Yes, Agent
5. PROCESSING PROCEDURE: Application Received—1/26/2022 (initial) 1/28/2022 (complete)
Office— Wilmington
6. SITE DESCRIPTION:
(A)
Local Land Use Plan — Wilmington -New Hanover County
Land Classification From LUP — Conservation
(B)
AEC(s) Involved: EW, PTA
Water Dependent: Yes
(D)
Intended Use: Private
(E)
Wastewater Treatment: Existing — Municipal Planned — None
(F)
Type of Structures:
Existing —A 2-slip docking facility with a boatlift and floating dock.
Planned — A boat lift.
(G)
Estimated Annual Rate of Erosion: NIA Source - N/A
8.
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Coastal Wetlands
(B) Non -Vegetated Wetlands (Open water)
225 ftz
incorporated
(C) Other —High Ground
(D) Total Area Disturbed: 225 ft2
(E) Primary Nursery Area: Yes
(F) Water Classification: SA; HQW Open: No
PROJECT SUMMARY: The applicant proposes to install a new boatlift adjacent to the existing floating dock for a total of 3
boat slips.
RECEIVED
FEB p 4 2022
DCM-MHD CITY

8741 Bald Eagle Lane, Eddie & Lynne Hardy Page Two
9. PROJECT DESCRIPTION
10.
The project site is located at 8741 Bald Eagle Lane, on Futch Creek, in New Hanover County. To locate the project site
from the Wilmington Regional Office (WiRO), travel north on Market Street (NC Highway17), turn right onto Porters Neck
Road and travel approximately 1 mile to the traffic circle, take the second exit to stay on Porters Neck Road and travel
another 1.4 miles and then turn left onto Bald Eagle Lane. Travel approximately 0.8 miles and the property of interest will
be located in the cul-de-sac.
According to the application, the parcel located at 8741 Bald Eagle Lane has an elevation between 0'-15' above normal
water level (NWL) and is approximately 0.37 acres. The parcel is bordered to the east and west by single-family homes,
to the north is Futch Creek, with Bald Eagle Lane is to the south. The lot has an existing single-family home with the high
ground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses. The approximately 176'
of shoreline frontage is stabilized by a bulkhead. Waterward of the bulkhead is a narrow strip of coastal wetland ranging
between 15' and 47' wide consisting mostly of salt marsh cord grass (Spartina alfemaffora). Waterward of the coastal
wetland is approximately 30' -50' of oyster reef and mud flat that descend into the open waters of the Futch Creek.
The existing 2-slip docking facility includes an access pier that is approximately 153' in length by 6' wide with a 16' by 16'
L-head terminal platform. An access ramp from the terminal platform extends waterward onto an 8' by 16' floating dock
positioned parallel to the shoreline. A small 8' by 4' float is attached to the landward side on the western end of the 8' by
40' floating dock, positioned perpendicular to the shoreline to access the adjacent 13' by 13' boatlift. No permit history
for the original docking facility was found, however, based on Google Earth it appears to have been constructed between
1993 and 1998. The boatlift was added through General Permit 30944-D issued on 1/28/2002. Following Hurricane
Florence authorization to replace the existing docking facility and boatlift was permitted through General Permit 70600-D
issued on 10/19/2018.
The City of WilmingtonlNew Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the high
ground portion of the project area as Residential. The waters of Futch Creek are classified SA-HQW by the Division of
Water Resources and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They
are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to install a new boatlift adjacent to the existing floating dock for a total of 3 boat slips. According
to the applicant, the proposed new boatlift would measure approximately 15' by 15' and would be positioned on the
northeast side of the existing floating dock. According to the applicant the water depths under the proposed lift range
from V-8° to V-6" normal low water (NLW). Based on the September 13, 2021 and February 2.2022 site visits the
depths in the vicinity of the proposed boatlift range from -1.7' to -2.2' NLW. Shell hash and active oyster reef are located
to the east and northeast of the proposed lift location (See sheet 1 of 2). The existing boatlift is in the 15' riparian
setback, however no work is proposed for that area. The proposed new boatlift would not be within the 15' riparian
setback and no changes to the pier headline are proposed. No submerged aquatic vegetation (SAV) was noted during
the September 13, 2021 site visit and no SAV habitat is mapped in the vicinity of the proposed project area.
The proposed project would result in the incorporation of 225 ftz of Estuarine Waters and Public Trust Area. No new
encroachment into the 15' riparian setback is proposed, however there is existing structure in the 11 * V CU The current docking facility doe "
s not extend past the pier head -line and the proposed boatlift would no
waterward of the existing docking facility. The water depths in the area of the proposed boatlift are mar inal with areas
of potentially active shellfish beds landward of the proposed boatlift, this may result in shellfish ands 146022
DCM-MHD CITY

8741 Bald Eagle Lane, Eddie & Lynne Hardy Page Three
impacts in a Primary Nursery Area during low water, No submerged aquatic vegetation (SA1) was noted nor is any
habitat mapped in the vicinity. Minor increases in turbidity should be expected during project construction.
Submitted by: Katharine Elks Date: February 3, 2022 Office: Wilmington
RECEIVED
FEB p 4 2022
DCM-MHD CITY

PM
MARINE
Katherine Elks
Permit Officer
127 Cardinal Dr. Ext
Wilmington, NC NC 28405-3845
RE: Hardy Major Permit Application Narrative
Dear Katherine Elks,
Richard Penny Construction, LLC
133 Sound View Drive N
Ham teed, NC 28443
(910f352-1317
www.rpcmarine.com
09 December 2021
Mr. and Mrs. Eddie Hardy are requesting that a Major Permit be issued for the installation of a
third boat slip at 8741 Bald Eagle Lane, Wihnington, NC 28411. This structure would be for the
recreational use of the homeowner.
The property has installed a finger pier (6'x126'), platform (220 SF), floating dock (172 SF, i.e.,
one wet slip) and one boat lift (13'x13', i.e., dry slip). There is a single-family residential
dwelling on the property.
The pilings would be set using a barge, water -jet, and vibratory hammer to reach the rated
capacity (approximately 107 deep). Construction materials would be stored on dry land of
approximately 300 sgft.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
C WA 401 certification request within the applicable reasonable period of time.
Please contact me at your convenience should you have any questions
Respectfully yours,
Richard L. Penny,
NC General Contractor License No. 79403
RECEIVED
JAN 2-520;9
QcM WI"M'"C' RECEIVED
FEB 0 4 2022
DCM-MHD CITY

110 NFt
APPLICATION for
Major Development Permit
(ra.r revised 1=7"
North Carolina DIVISION OF COASTAL MANAGEMENT
I. Prima►y APPfta►W LnndowrwJnformallon -
Businew Name
Pnr)act Name (If applicshie)
N/A
J424
Applicant 1: Fast Name
MI
Lent Nerve
EDDIE
HARDY
Applicant 2: Fast Name
MI
Lest Name
if addxonel applicants, please attach an addfhwM page(s) addr nerves Iteted.
Mailing Address
pp eox
pqr
Smr
8741 BALD EAGLE LANE
WILMINGTON
NC
ZIP
Country
Phone No.
FAX No.
28411
USA
336-972-4041 ext
Street Address (ff dillamnt from above)
Crly
Stets
ZIP
8741 BALD EAGLE LANE
WILMINGTO
NC
28411
Email
EHARDY@HARDYBROS
2. Agent/ConhveorM lonnadorl
Susinesa Name
-
Richard Penny Construction,
LLC (Dba
RPC Marine)
Ap* Contractor 1: Ran Now
MI
Last Name
Richard
L
Penny
Agerdl Consractm 2: Feat Name
MI
Lest Name
N/A
Melling Addreaa
Po Box
CRY
StineC
133 Sound View Drive N
Hampstead
ZIP 28443
Phone No.1
Phone No. 2
910- 352 -1317 /xL
a 1,
FAX No.
contraobr #
NC 79403
Strad Adder (d digemnt ham eb.)
Cdly
elate
Zp
N/A
EmeO
[e-mail]
..— W. f v l_ N
<Form continues on backs JAN 2 5.2022
052.90S-23�2 .. 1.85a-4RCOA3T .. w•x.v.nc coasPe:rn znag.rtr ar.i.aa t7 EIVED
rE� 0 4 2022
DCM-MHD CITY

Forth DOM MP-t (Page 2 of 4)
APPLICATION for
Major Development Permit
3. PrgfsctLacO p
Ceurtty (Can a nk*l*)
street Aedreae
Slam Rd. #
New Hanover
8741 Bald Eagle Lane
Subdivision Name
C41Y
am
ZIP
Bald Eagle HOA
Wilmington
NC
2841-1
Phone No.
Lot No.(s) ff marry; attach addifflonal page with list)
N/A- - ao.
13 ,
a. In which NC river basin Is the project located?
b. Name of body of water reseal to proposed project
White River
Futch Creek
a is the water body Identified in (b) above, natural or manmade?
d. Net the closed major water body to the proposed project age.
UgNaoxal ❑Manmade ❑Unknown
Intracoastal Waterway
a, la pmpoeed work wihin city limits w plennma jurisdiction?
1. If applicable, list the planning judedloton w city limp the proposed
MYes []No
work falls within.
New Hanover County Zoning
,L $Me Description
a. Told length of shoreline on the tract (ft)
b. Size of entire tract (eq.tt.)
176'
16,117
c. Size of individual lots)
d. Apprmdrnate devatbn of tract above NHW (normal high welor) or
NWL (normal "terlemil
(lf marry bf sizes, please atach addNorW page with a list)
0-15 ' ❑NH W w MNWL
a. Vegetation on tact
Grass, Native trees, shrubs, and
marsh grass/wetlands on the
adjoining Futch Creek frontage.
f. Manmade features and uses now on tract
Single family dwelling.
g. Identify, and describe the a sting land umadhouryttoft proposed project site.
Adjacent properties are Zoned for
single family usage.
It. How does local govemment zone the tact?
I.
Is the proposed project consistent with the applicable zonfng?
R
(Mach zoning axrhpliarce cer iflrate, if applicable)
j�Yes ❑No ❑NA
t is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes ®No
V. Has a professional archaeological esseaement been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom?
I. k tie proposed project located In a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
Netlond Register listed oretiaible lxoprstyl
<Form continues on next pages JAN 2 5 nn
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FEB p 4 2022
DCM-M

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are drone wetlands on me site? ®Yes ❑No
(ip Are there coastal wetlands an the site? KlYos ❑No
(iii) If yes to either (i) or (n) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, if avadable)
n. Describe wdsting wastewater treahnertt facilities.
NA
o. Describs seating ddr*ft water au(giy sfeebe.
Cape Fear Public Utility
p. Describe existing storm wafer management or treatment systems.
N/A
S. Activities and impacts
a. Will the project be for commercial, public, or private rise? ❑Commerdal ❑PuboofGovemment
®PrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the prajea when complete.
The property owner desires to install an additional boat lift.
i
o. Describe fha proposed correbuetion m 0odology, types of conalruellon egiYpment to be used during conshuclim, fire number of each type
of equipment and where a Is to be stored.
Pilings will be pump -washed and driven with a vibratory hammer,
both of which will be on a small work barge.
d. List all development activities you propose.
One additional dry slip will be added. There is one existing wet
slip and one existing dry slip on the property.
9. Are the proposed activities malrdenance of an existing project, rsw work, or both? New
f. What is the approximate eotal disturbed land area moiling from the Proposed paled? Osq.Ft or ❑Acres
Temporary disturbance of approx. 300 sgft over dry land.
g. Wig dre proposed proect encroach on any public essernard, public arrweeway or other area ❑Vee ®No ❑NA
that the pudic has established use of?
h. Describe location and type arexielkbg and proposed discharges to waters of the stele.
N/A
i. Will wastewater or stmmwater be disdnafgad into a wetland? ❑Yes ®No ❑NA
If yes, will this disctwgod water be of fhe same salinity as the recaivbg watee? ❑Yes ❑No HNA
J. ie there any mitigation proposed? ❑Yes g]No []NA
If yes, attach a mitigation proposal,
F-..t yL'L
Form continues on backer JAN 2 5. 2nu
RECEIVED
r
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DCM-MHD CITY

Form DCM MP-1 (Page 4 or 4)
APPLICATION for
Major Development Permit
6. Additionallnformation
in addition fi Uds canpfeted aPAlk etion (orrra (MP-f) the following items below, d appl ccebbs. most be submitted ar ordarforthe appfirafton
Package to be complete. Nams (a) - (f/ ere ehrays applicable to any mWdevei)pment oMIa3bon. Pfeess consult the spplAcation
instructor booklet on how to property prepare the required items below.
a. A project narrative.
b. An acwmto, dated work plat (including plan view and cross-secfonal drawings) drawn to scale. Please give the present stshis of the
proposed project Is any portion already complete? if previously aWwrized work, clearly indicate an maps, plats, drawings to distinguish
between work completed and proposed.
a A site or location map that Is sufficiently delalled to guide agency personnel unfamiliar with the area to the aitm
d A copy of the dead (with state application only) or other instrument urderwhich the applicant claims title to the affected properties.
e. The aMomate appialon fee. Check or money order made Payable to DENR
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application anc plain by certlrled mail. Such landowners must be atMsed that they have 30 days In
which to submit comments on the proposed project to the Division of Coastal Management.
Name Kevin Thomas Phone No.
Address 8737 Bald Eagle Lane, Wilmington, NC 28411 unknown
Name Bald Eagle Lane LLC Phone No.
Address 8748 Bald Eagle Lane, Wilmington, NC 28411 unknown
Name Phone No.
Addess
g. A tat of previous state or federal permits issued for work on the project tact. Include {hermit numbers, permmtee, and issuing dates.
N/A
h. Signed cvnwMant or agera authorization kxm,'deppiicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner)
it. A statement of compliance win the N.C. Environmental Policy Act (N.C.D.S. 113A 1-10), if necessary. If the project involves expenditure
of pudic funds or" of pudic lards, attach a statement docurnerrting compliance with the North Carolina Environmental Policy Act
7. CertlNcation and Permission to Ether on Land
I understand that any permit issued In response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am all torized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up
monitoring of the pmject.
I further certify that the information provided in this application Is truthful to the bast of my knowledge.
Date 08 Nov 2021 Print Nacre Richard L. Penny
R)�har. ,.J I Digitally signed by
Signature �� a Il UU ` Richard L. Penny
Date: 7
e n ny
15:1351 -OS'iJ-05,0 0,
Please indicate application attachments pertaining to your proposed project.
I]DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
DDCM MP-3 Upland Development ECEIVED
®DCM MP-4 Structures Information
AN 2 5 20"
REECFivED
232.90E-2908 .. 1.896•A eZLGA9T .. wwrw,nccoa stalmsnagxmant..nc.
FEB 0 4 2022
DCM-MHD CITY

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for LAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project Please include all supplemental Information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. g) Is the docking facility/marina:
❑Commercial ❑PublldOOvernment ®Pavate/Community,
c. (1) Dock(s) andlor piers)
(In Number na
(iu) Length
(Iv) Width _
(v) Floating ❑Yas ONO
e. (1) Are Platforms included? ❑Yes ®No
If yes:
pi) Number
(ill) Length (IV) Width _
(v)Ftoabrg ❑Yes ❑No
Note. Roofed areas are calcWated from drib ine dimensions.
g. (i) Number of slips proposed
1
(ii) Number of slips existing
2
i. Check the proposed type of ailing:
❑ Land cut and across channel
Donee water: dredging for basin end/O channel
[ROpen water, no dredging required
❑Other: please describe:
k- Typical twat length: 2 8 r
m. (i) Will the taolity have tie pilings?
Dyes ®No
(11) If yes number of tie plings?
[]This section wl applicable
b. (1) Will the facility be open to the general public'+
❑Yes ONO
d. (i) Are Finger Piers Included? ❑Yes ENO
If yos:
(n) Number
(M) Length _
(iv) Width _
(v)Floating ❑Yes ONO
f, g) Are Boadrits included? ®Yes ONO
If yes:
(it) Number 1
(ill) Length _15'
(N) Width 15 '
h. Check all the types of services to be provided.
❑ Full service, including travel Iln andfor mil, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ( wet slips) only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps: _
❑ other, please describe:
NA
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sell beats, mixed types).
nTPn runabout RECEDED
FE8 U 4 2o22
I. (i) Will the facility be open to the general pud�CM-"HD CIly
Dyes NNo
RECENED
JAN 2 5 2021
DCM Wii_
252-6Qa- Q8 :: �$BH-16:wGAS? Or www-TCGOASff�IMaRa ontsnt rnat revisgC; IV2 M6

=a* LLCM MP-^ bSV-acvLrea, Page a o4 4k
2. DOCKING FACILITY/MAR/NA OPERATIONS [27)ds section not epplcede
a. Check each of due following sanitary facilities that will be included In the proposed project.
❑ Office Toilets
❑ Toilets for patrons, Number J Location.
❑ Showers
❑ Boatholding tank pumpout Give type and location:
b. Describe treatment type and disposal loaedun for all sanitary wastawre6er.
c. Describe the disposal of wild waste, fish oft and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of'No Sewage Discharge'signs proposed.
(ii) Give the ktcafion and number of'Pumpout Available signs proposed.
f Describe the special design, if applicable, for containing industrial type poll tares, such as paint, sandblasting weals, and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markem and 'No Wake' signs proposed. _
i. Give the location of fueifiandling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and Iwo -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. tf this project is an expansim of an easing marina, what types of servicea are currently provided?
FEB 0 4 2022
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M-MHD Cm.,
JAN 2 5 20
ACM WILMINGTON, NC
252-AdS-kSOS :: ". Ge• RCOAST :: www,nccoxstaimenag r�eninet revised: IWZT106

."w m3 wxsW Nip-4- (3Yr.-c¢u:es, (age '-11 rr 4.
m. Is the mariraldocking facility proposed within a primary or secondary nursery area?
❑Yes ONO
n. Is the mannaldock ng facility pro" within or adjacent to any shellfish hanrestlng area?
❑Yes ONO
o. Is the marklardoclung facilfy proposed within or adjacent to coastal wetlandalmarsh (CW), submerged aquatic vepaiii (SAV), shetl bot0om
(SS), or other wetlands (WL)? If any boxes are blocked, provide the number of square feet affected.
❑CW ❑SAV ❑SS
OWL ❑None
p. Is the proposed marinaldocking facility located within er within dose proximity to any shellfish leases? ❑Yes ONO
If yes, give the name and address of the Ieaseholdw(s), and give the proximity, to the lease.
3. BOATHOUSE (including covered NRs) ®This sectlat not appplicable
a. (p Is the boathouse strucarre(s)-.
❑Commercial ❑PubEr/Govemment ❑Pdvate/Community
(ii) Number
(iii) Length
(N) Width
Note: Roofed areas are calculated from dnpOna dimensions.
4 GROIN (e.g., wood, sheefpife, etcff a rock groin, use MP-Z Excevadon and HN.) [H 7Vs section not applcable
a. (i) Number
N> Length
(iti) Width
5. BREAKWATER (e.g., wood, shee , etc.) ®This section ndt applicable
a. Length _ b. Average distarroe from NNW. NWL, or wetlands
c. Maximum distance beyond NHW, NWL a wetlands
6. MOORING PILINGS and BUOYS ®This section not applcable
a. Is the struclure(s): b. Number ,
❑Commercial ❑PublidGovernmem ❑PnvatelCommunity,
C. Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription. size, anchor. etc.)
Noce.• True should be measumd from marsh edge. iflemsent.
e. Arc of the swing _
7
JAN 2 5 2022
DCM VjM!,ie,ir.T0N
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7. GENERAL
a. Proximft of3h"ire(S)toadjacent riparian property lines
0' TO SOUTH / 101' TO NORT11
Note. For bwy cr moot(nq p9tng, use arc of swing including length
of vesse
C. Width of water body
sic
e. (I) Wil navigational aids be required as a result of the project?
❑yes ®No ❑NA
pl) ff yes, explain what type and how they will be implemented.
b. PrmtYNrydahucWre(s)ba q dodit%tlAbea.
82' TO SOUTH / 520' TO NORTH
d. Water depth at weterwerd eM of saucbrre at NLW or NW L
1'8" NLW
j8. OTHER ®nUs section not tppfD@b/e
a. Give complete description:
M.
08 November 2021
J424
Proied Ntlme
Owner Eddie Hardy/Contractor Richard Penny
Applicant Name Richard L. Digitaliysigned by
• Richard L. Penny
Appfcara Signalu n �Y ;�.,-. -'00-05'00'
3c2 SD8-2ED8 :. 1•88b-4MOAST r. wwvi.nccaasiaymar a�emers2.not
RECEIVED
JAN 2 5.2022 RECEIVED
ACM WILMINGTON, NC FEB p 4 P022
CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dke r
Rick Penny
133 Sound View Dr.
Hampstead, NC 28443
Dear Mr. Penny:
NORTH CAROLINA
Environmental Quality
February 3, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Eddie
Hardy, for State approval for development of the subject property located at 8741 Bald Eagle Lane, adjacent to Futch
Creek, in New Hanover County. It was received as complete on January 28, 2022 and appear to be adequate for
processing at this time. The projected deadline for making a decision is April 13, 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 28, 2022, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a
meeting will be held within five working days from the receipt of your written request and shall Include the property
owner, developer, and project designedconsultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
C
Katharine Elks
Field Representative
cc: Cameron Luck, DCM John Perry, DWR
USACE Ch Stine Bouffard, LPO Eddie Hardy, Applicant RECEIVE®
CMFEB 0 4 2022
iW
North Carolina Department ofEnvironmemalQuality I Division ofCoa �Managem_ent �,® C17.V
���Wdmington Office 1127 Cardinal Drtve Extension I Wilmington. North Carolina28405
910.796.7215

7
• r., � b :. � ^' a [. y s.. .i a, . Y � ,
t
CAMA PERMIT
APPLIED FOR
ECT:
Alcant proposed to 1
,all a new
Id
• va.. �/ . v .. rI V M . %.Y ■ .
COMMENTS ACCEPTED THROUGH �llar�h 2�2�22
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Eddie & Lynne Hardy
8741 Bald Eagle Lane i� NC Div. of Coastal Management
rr
n Wilmington, NC 28411 127 Cardinal Dr. Ext.
A C d99!!f _ Ri hard Penny r nngfrizefin �` i i _ Wilmington, NC 28405
Flick Penny Katharine Elks (910) 796- 24
(91 O) 352-1317

0
NORTH CAROLINA
i.!�i u��,mmnr: r. no,rim
February 4, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• David & Terri Butts — Brunswick County
• Eddie & Lynne Hardy— New Hanover County
ROY COOPER
ELIZABTH BISER
�t'Cn!I(P1'
BRAXTON DAVIS
11iI[Qn1. Jkoohv 40-0-1 A4mugemem
Hello: Please publish the attached Notice in the Wednesday, February 9, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Piedla at the NC Division of Coastal
Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 499895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office. / 1
S6 -
& Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
Slate of North Cmolma I Environmental Quality I Coastal Management
127 Cmdiml Dnve Ext„ Wilmington, NC 28405 919 796 7215
RECEIVED
IEB 0 4 2022
DCM-MHD CIIY

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 January 28, 2022, David & Terri Butts proposed to replace 62
linear feet of bulkhead resulting in the filling of 124 sq/t. of Coastal Wetlands at 3197 Waterview Dr. SW, adj.
to the AIWW in Supply, Brunswick County, and on February 3, 2022, Eddie & Lynne Hardy proposed to
install a new boatlift for a total of three (3) boat slips at 8741 Bald Eagle Ln., adj. to Futch Creek, Wilmington,
New Hanover County. Copies of these applications can be examined or copied at the office of Brendan Brock
(Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental Quality, Division
of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone] (Brendan Brock) or
[phone] (Katharine Elks) 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 2, 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 0 4 2022
QCM-MHD CITY

AGENT AUTHORIZATION FOR CA MA PERMIT APPLICATION
Name of Property Owner Requesting Permit Eddie Hardy
Mailing Address: 8741'.Bald•E0e Ln "
"Wiminaton`NC 28411-
Phone Number. 336-972-4041
Email Address: ehardv(ftardybros com
I certify that I have authorized Richard Penny. RPC Marine LLC
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the
following proposed development Add 31' boat slip/ boat lift
at my property located at: 8741 Bald Eagle Lane Wilmington NC 28411
in New Hanover County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of
Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned
lands in connection with evaluating information related to this permit application.
Property Owner infor"n:
i
Signature
_Eddie R: Hardy .
Print or Type Name
Owner
Title
_07 /_20./_2021 .
Date
This certification is valid through 12/31/2022
RECEIVED
JAN 2 6 2022
ccM EIVED
FEB 0 4 2022
DCM-MHD CITY

IS Complete Items 1, 2, and S.
■ Pdrd your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the marlpiece,
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so that we can return the card to you.
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IN Attach this card to the back of the mallpiece,
B. eceksd by IP&*d Navy) C. Daft Ogivuy
or on the front If space permits. _
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D. Is doWery address dMust from Ryan 14
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C17ey
RECEIVED
JAN 2-5 ZG22
DCM WILMINGTON, NC

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Eddie Hardy
Address of Property: 8741 Bald Eagle Lane, Wilmington, NC 28411
Mailing Address of Owner: 8741 Bald Eagle Lane Wilmington NC 28411
Owner's email: ehardy0hardvbros.com Owner's Phone#: [phone]
Agent's Name Richard L Penny Agent Phone#: 910:352-1317
Agent's Email: Rckiid).rpcmarine.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property 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.
DO NOT have objections to this proposal. I DO have objections to this proposal.
N 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 E)M Wilmington, NC 28405. 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
I DO wish to waive some/all of the 15' setback��—
Signature of Adjacent Riparian Property Owner
_OR Rrr c/V do not wish to waive the 15' setback requirement (initial the blank) `�FCD
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO:
Mailing Address
ofARPO: 737 b�j> ig_ cX' L.uvv
ARPO's email: Phone#: L 10 - Ci6 - /iR/z
� .Cage
Date: _��,� a021 -waiver is valid for up to one year from ARPO's SignatuW
N 2 6 2022
FEe 0 4 2022
--..; '!VILMINGTON, NC
C/ry

Hook 6209 Page 1127
SK: RB 6208
PG:1127 -1129
"C' nm m
HEwRDW
2019010878
NEW HANOVER COUNTY,
buiermta
REAL ESTATE
TAMMY THEU HBEASLEY
12-2l2r PM
=x-x sis:om
BY: AHG ENGUW
REGISTER OF DEEDS
DEVrf
FL CiROJICALLY REC40RDLO
GENERAL WARRANTY DEED
REVENUE: $3,900.00
PARCEL ID: R03017-002-007-000
PREPARED BY AND RETURN TO:
Hutchens Law Firm File No.: WIL1270664
1121-P Military Cutoff Road, Wilmington, NC 28Q6
This instrument prepared by. Chris Huff, licensed North Carolina attorney. Delinquent taxes, if any, to be paid by
the closing attorney to the county tax collector upon disbursement of dosing proceeds.
Brief Legal Description. EASTERN PORTION OF LOT 13 PORTERS NECK PLANTATION SECTION A
NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS DEED made this —10)— day of �) 2019, by and between
Andrew Johnson and wife, Heidi Johnson, whose address is
8741 Bald Eagle Lane, Wilmington, NC 28411,
hereinafter called Grantor,
and
Eddie R. Hardy and wife, Lynne S. Hardy, Trustee of the Lynne S. Hardy Revocable Trust of 2000 and any
amendments thereto, whose address Is
8741 Bald Eagle Lane, Wilmington, NC 28411,
hereinafter called Grantee;
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context
WITNESSETH
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknWqkQE/VC
has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot `D
or parcel of land situated in or near the City of Wilmington, New Hanover County, North Carolina av]r� are
particularly described as follows: p 042022
Submitted electronically by "Hutchens Law Firm" D
in compliance with North Carolina statutes governing recordable documnt,5, rp1 )Cly/_�`ID
and the terms of the submitter agreement with the New Hanover County Real W'ba 06.i s. /7 C/7-
DCM WILMINGTON. NG

Hook 620e page 1128
"See Attached Exhibit A"
The property hereinabove described was acquired by Grantor by instrument recorded in Book 5886, Page 24, New
Hanover County Registry, North Carolina,
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor
will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions
hereinafter stated.
Title to the property herelnabove described is subject to the following exceptions; Restrictive covenants,
easements and rights of way as may appear of record in the aforesaid registry as well as current year ad valorem
taxes.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in the corporate name by its duly authorized officers and Its seal to be hereunto affixed by
authonty of its Board of Directors.
—1- - . . , d,/. ,—, .
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or
she voluntarily signed the foregoing document for the purpose stated therein and in the capacity Indicated:
Andrew Johnson and wife, Heidi Johnson
F
This the day of 2019.
.�ttnuurlr4._ ,.
41
NOTARY V
m
ptjBtIC v
(place notary seal here - pursuant
to NGGSlOR-37 Notarial Seal is
to appear "near, the notarys
My Commission Expires:
RFCE/Vjj�D
D FF9 042022
CM-MHp C/Ty
RECEIVE[;
JAN 2 6 2022
ACM WILMINGTON, NC

Book 6208 Page 1129
EXHIGrr A
In New Hanover County Describing a property which is the eastern portion of Lot 13.
Section A of Porters Neck Plantation Subdivision. Beginning at a point in the center of
and at the northerly and of Bald Eagle Lane, said point being the southwestern comer of
Lot 12, Section A, Porters Neck Plantation, as the same is shown on map recorded in
Map Book 5, Page 63, in the New Hanover County Registry, running thence from said
beginning point North 56 degrees 21 minutes 00 seconds West 30 04 to an Iron pipe in
the present western fine of Bald Eagle Lane, thence South 30 degrees 46 minutes 00
seconds West along said present western line 28 feet to a P K nail; said P. K nail is
also located North 30 degrees 46 minutes 00 seconds East 72 13 feet from where the
southern line of Lot 13 in said Subdivision Intersects the present western right of way
line of Bald Eagle Lane, thence from said P K nail North 20 degrees 48 minutes 59
seconds West 99.87 feet to an iron pipe, thence North 14 degrees 28 minutes 31
seconds West 70.40 feet, more or less, to the highwater line of Foy's or Futch Creek,
thence eastwardiy along said highwater line and a bulkhead located along the northern
edge of the property to a point that is located North 30 degrees 46 minutes 00 seconds
East from the point of beginning, said point being the northwestern corner of the above
mentioned Lot 12; thence South 30 degrees 46 minutes 00 seconds West, along the
western fine of said Lot 12, 43.7 feet, more or less, to a monument in said line, thence
the same course continued 110.8 feet to the point of Beginning, the same being the
eastern portion of Lot 13 in Section A of Porter's Neck Plantation Subdivision, and being
the same lands described in deed to Robert E Sattin recorded in Book 11188, Page 817
in the above stated Registry, as modified by Boundary Line Agreement recorded in
Book 2145, Page 381 in said Registry, and being the same lands as described in
instrument recorded in Book 4058, Page 68 in said Registry
RECF�V�O
EB 042022
sec �cM MN� C
/rY
JAN 2 5 201'12

P 0 g3-1
BODY WIDTH
TO MARSHI.
510"
i
/
LNMARRE! CHANNE_ /
/ R /
`4 BOAT LIB" \\
1 ANCE TO EV 1'-8. /�STER RED '\ \
W(ED CHANN
42. V 1'-6� \l+J5.
a y4\ k
MLv f'
NOVISIBLE OAV \ \
9URROUNDR4G'\
t R \ I PROPOSED BOAT LD'f \ \
\ \• +S TER BED
... MHW \�\
1
A
'�nA EXI TIN B"' KH A
39 & ED ❑F RESOURCE LINE
e
KEVIN THOMAS EDDIE AND LYNNE HARDY
8737 BALD EAGLE LANE 8741 BALD EAGLE LANE
WILMINGTON, NO 28411 WILMINGTON. NO 28411
In
LOCATION MAP \ /
(NOT SCALE)
TT
T \\
2 1
m V
BALD EAGLE W x
BALD EAGLE LANE LLC
8748 BALD EAGLE LANE
WILMINGTON. NO 28411
id O Y g B A sew r Hs' oW R�N+Im 4eapm b
a �( Fla +1�� SITE _AN - MAJOR PERMIT 1 II1�R� R04pw, lssu[
i■= N o
'Pill,
ei gyf[ A NI'1'I' � � R iE •AN➢ EAGLE HARDY
iti WZ VILMINGTONE NO 28411
s
_ -- - iYYfNEw All8lp ►• •�

Rk W L. P.". P
TED
EKED
! $1012 �MOPRIETMV r
NGTCr

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental QuaW
FROM Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(dNC DEN R.aov
SUBJECT. CAMA
Applicant: Eddie & Lynne Hardy
Project Location: 8741 Bald Eagle Ln, adj. to Futch Creek in Wilmington, New Hanover County
Proposed Project: The applicant proposes to install a new boatlift adjacent to the existing floating
dock for a total of three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March $ 2022. If you have any questions
regarding the proposed project, contact Katharine Elks 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
SIGNATURE
DATE
RECEIVED
D_EQJ�
North Carolina Department of Environmental Quality I Division ofCoastalMtC"HD CITY
1
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.7%.7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
�j AEC: T wT"k y
Fee: $ ll,iB'D #
CDAITS _ MHC cc _
Applicant: C
(e
HV VU
AgenVContractor
Project Site County: N
�1Nn�
Staff: / - „ _ Yl
Distr d: N?Imington
Project Name: ��
_ � y� t /'1-
Rover File: n/a
River Basin: 1 R OqL
T
Initial date of application sub
ittal: 1 I o
Date application "received as
complete' in the Field office: I
Permit Authorization: [XICAMA ❑ Dredge & Fill ❑Both
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: Yes o PNA: Yes ❑No
I Photos Taken: Yes No❑
Yes No
Setback Required (riparian): yr
Critical Habitat: ❑Yes ❑No Not Sure
15 fool waiver obtained: []Yes o
Hazard N tification Returned:
❑Yes 90
SAV: ❑Yes RUNo ❑Nat Sure
Shell Bottom: ❑Yes o ❑ Not
Temporary Impacts: []Yes o
Sure
Sandbags: ❑Yes &No ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: VYes []No
❑Yes CANo
Moratorium Conditions.
Environmental sessment Dane:
Length of Shoreline:
❑Yes XNo ❑NA
❑Yes []No(SNA
(D FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -o Close
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) El Swamp Waters (SW)
T High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
1 El (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
afiemiflora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
LJ (SP) Salt/meadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre, 4144 can be applied - $400
❑ Major development extension request -
❑ It Public or commercial/no dredge
$100
and/or fill - $400
[$I. Private no dredge and/or rill - $250
❑ III(C) Priv. public or comm w /D&F to 1
E�tV
/
acre; 4144 can be applied; DCM needs
E0
DWQ agreement - $400
'u U'F �01,
DCM_MHD C17Y

Applicant �11At7�1�
Date: a' I a- J YO,1�
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Work
Replace
15 r
15
L
I
Maint ❑
Mj Y[IN
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Main/ ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
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
Exdudes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount
(�
Dredge ❑ Fill ❑ Both ❑ Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge Fill❑ Both ❑ Other ❑
�-+
RECEIVED --�
FEB p 4 2022
f)C, 1-MHD CITY
919-733-2293:: 1-888-4RCOAST:: w .necoastalmanaaement.net revised: o2i26,18

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
2/1/2022
Richard Penny
Eddie Hardy
Navy
2657
$400.00
major fee, 8741 Baid Eagle Lane,
KE rct.
Construction, LLC
Federal CU
Wilmington NHCO 60/40 split
16585
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Major Permit Fee Schedule
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Project Name: VmVGiJ _ boa-}-{t-�}— County. n/�,W �hpVJyPheck No &�A�myount:
400.
11
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I Private, non-commercial development
that does not involve the filling of
excavation of any wetlands or
100% ($250)
0% ($0)
open water areas:
It. Public or commercial development that
does not involve the filling or excavation
S400
100% ($400)
0% ($0)
of any wetlands or open water areas
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or Open water areas.
determine 4 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,
17 General Water Quality Certification
$400
100%($400)
0%($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied.
but DCM staff determined that additional
review and written DWQ concurrence is
$400
60% ($240)
40% ($160)
needed because of concerns related to
water quality or aquatic life.
HI(D) If General Water Quality
Certification No. 4175 cannot be applied:
40
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas.
RECEIVED
FEB 0 4 2022
DCM-MHD CITY

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KEVIN THOMAS EDDIE AND LYNNE HARDY 8748 BALD EAGLE LANE
8737 BALD EAGLE LANE 8741 BALD EAGLE LANE WILMINGTON, NC 28411
WILMINGTON, NC 28411
WILMINGTON, NC 28411
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Richard L. Penny, PE
133 SOUND VIEW DR
MARINE
910-352-1317
Scale
ec N❑TED
rd
ETARV AND
rmation contained In this
is the able property of
Penny, PE.
'oduction in part or whole
he written permission of
Penny, PE is prohibited.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-00295 County: New Hanover County U.S.G.S. Quad: Hampstead

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Eddie and Lynne Hardy

Address: 8741 Bald Eagle Lane
Wilmington, NC 28411

Size (acres) Nearest Town Wilmington

Nearest Waterway Futch Creek River Basin Onslow Bay

USGS HUC 03020302 Coordinates Latitude: 34.30017; Longitude: -77.742935

Location description: The site is located in lower Futch Creek near the confluence with the
AIWW at 8741 Bald Eagle Lane, Wilmington, New Hanover County, North Carolina.

Description of project area and activity: The proposal is to install a new boatlift adjacent to the
existing floating dock for a total of 3 boat slips. The new boatlift will measure approximately
15' by 15' and will be positioned on the northeast side of the existing floating dock.

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

Authorization: Regional General Permit Number: 197800056

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

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated November 8, 2021 . Any violation of the attached conditions
or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is

completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.

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

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

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

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

Corps Regulatory Official: ___________________________ Date: August 19, 2022
Expiration Date of Verification: December 31, 2026

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

Copies furnished by email:

Richard Penny (Richard Penny Construction, LLC.)
Cameron Luck (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2022-00295 County: New Hanover County

Permittee: Eddie and Lynne Hardy

Project Name: 8741 Bald Eagle Lane / Wilmington / New Hanover / Eddie & Lynn Hardy

Date Verification Issued: August 19, 2022

Project Manager: Gregory Currey

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

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

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

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

_______________________________________ ______________________
Signature of Permittee Date
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the
U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the
Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses, and boat shelters will be pile-supported or
floating structures.
2. Pilings, dolphins, jetties, and breakwater structures may be constructed of
wood, metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete,
or rock riprap.
3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize dredging or excavation, or the discharge of dredged,
excavated, or fill material within waters of the U.S., except for the placement of
structures for jetty, breakwater, or groin construction. This RGP does not authorize any
work on Atlantic Ocean beaches.
The following definitions will be used for purposes of this RGP:
a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by
the plane of the mean (average) high water. The precise determination of the actual
location of the line can be established by survey with the reference to the available tidal
datum, preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways
will be constructed in accordance with the latest setback criteria established by the
Wilmington District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the
Federally Authorized Channel Setback, unless the activity is approved by the Corps. The
Permittee must submit the information described in General Condition "y" and obtain
approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the
construction of any structures within the Federally Authorized Channel Setback.
c. This RGP does not authorize construction across or into any natural or manmade
channel or waterbody in any manner that may adversely affect navigation by the general
public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be
extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHWM) elevation contour (tidal areas), or the Ordinary High Water Mark (OHWM)
elevation contour (non-tidal areas), or one-third (1/3) the width of a waterbody,
whichever is closer to the shoreline, except as otherwise governed by the presence of a
Federally maintained channel.
e. The width of any pier will not exceed six ( 6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
f. The total square footage of shaded impact for docks and mooring facilities
( excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 800 square feet. In calculating the shaded impact, uncovered open water
slips shall not be counted in the total. The maximum size of any individual component of
the docking facility (excluding the pier) authorized by this RGP shall not exceed 400
square feet unless the Corps determines, in writing, that a greater width is necessary for
safe use, to improve public access, or to support a water dependent use that cannot
otherwise occur.
g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square
feet. Boatlifts will be open and will not exceed 400 square feet.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. Docks and piers extending over wetlands will be elevated sufficiently (minimum
of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or
other elements of the aquatic environment.
j. Groins, jetties, or breakwater structures shall not be constructed in wetlands,
seagrasses, and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1) Water depth at the docking facility location is equal to or greater than two feet
at mean low water level: and
2) The pier and docking facility are located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located over submerged aquatic vegetation
shall be allowed if the water depth between the bottom of the proposed structure and the
substrate is at least 18 inches at mean low water level.
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas), or the OHWM elevation contours.
n. This RGP does not authorize the installation of fueling facilities on authorized
structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas.
s. No jetty shall be constructed during the period between April 1 and September 30
unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations in water
elevation, will be designed so that the structure will not rest on the bottom of the
water body at any time, and will be secured in such manner as to not break away.
u. Breakwater structures will be no longer than 500 feet. They will have a minimum
of one-inch openings between standard width (6 to 12-inch) sheathing boards and at least
one, five-foot wide opening for each 100 linear feet of structure.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. It is possible that the authorized structure may be damaged by wave wash from
passing vessels. The issuance of this permit does not relieve the Permittee from taking all
proper steps to ensure the integrity of the permitted structure and the safety of moored
boats. The Permittee will not hold the US liable for any such damage.
x. This RGP does not authorize habitable structures or any structure or associated
facility for non-water related use.
y. Structures and their attendant utilities, authorized by this RGP, located on lands
subject to an easement in favor of the US for the operation, maintenance, improvement,
and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the
expense of the Permittee, in the event that, in the judgment of the U.S. Army Corps of
Engineers acting on behalf of the US, the lands are needed at any time for any purpose
within the scope of the easement. Permanent buildings will not be constructed within the
easement.
z. This RGP does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
aa. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any of North Carolina's twenty coastal
counties be proposed by a Federal agency, a consistency determination pursuant to
Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the
North Carolina Division of Coastal Management before the onset of the proposed
activity.
General Conditions.
a. Except as authorized by this RGP or any Corps approved modification to this
RGP, no excavation, fill or mechanized land-clearing activities shall take place within
waters or wetlands, at any time in the construction or maintenance of this project. This
permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to
all borrow and fill activities connected with this project.
b. Authorization under this RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of
the applicable Clean Water Act Section 401 Water Quality Certification for this RGP
issued by the North Carolina Division of Water Resources.
d. The Permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands
outside the permit area. This shall include, but is not limited to, the immediate
installation of silt fencing or similar appropriate devices around all areas subject to soil
disturbance or the movement of earthen fill, and the immediate stabilization of all
disturbed areas. Additionally, the project must remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes
Chapter 113A Article 4).
e. The activities authorized by this RGP must not interfere with the public's right to
free navigation on all navigable waters of the U.S. No attempt will be made by the
Permittee to prevent the full and free use by the public of all navigable waters at or
adjacent to the authorized work for a reason other than safety.
f. The Permittee understands and agrees that, if future operations by the US require
the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said
structure or work shall cause unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the US. No claim shall be made against the US on account of any such
removal or alteration.
g. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the US
and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
h. This RGP does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or
limit an agency's ability to conduct necessary operation and maintenance functions. Per
Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no
project that has the potential to take possession of or make use of for any purpose, or
build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work
or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow
areas, dredged material disposal sites, flood control projects, etc., shall be permitted
unless the project has been reviewed and approved by the appropriate Corps approval
authority. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Engineer prior to the initiation of any
activity that has the potential to modify or conflict with a federally authorized project.
i. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SA [e-mail].
j. The Permittee will allow the Wilmington District Engineer or his/her
representative to inspect the authorized activity at any time deemed necessary to assure
that the activity is being performed or maintained in strict accordance with the Special
and General Conditions of this permit.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed
federal project.
n. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other
permitted or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the US in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
o. Authorization provided by this RGP may be modified, suspended, or revoked in
whole or in part if the Wilmington District Engineer, acting for the Secretary of the
Army, determines that such action would be in the best public interest. The term of this
RGP shall be five (5) years unless subject to modification, suspension, or revocation.
Any modification, suspension or revocation of this authorization will not be the basis for
any claim for damages against the US Government.
p. No activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic
designation or study status. Information on Wild and Scenic Rivers may be obtained
from the appropriate Federal land management agency responsible for the designated
Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service,
etc.)
q. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee
provides the Corps with a certification from the Secretary of Commerce that the proposed
activity is consistent with the purposes of Title III of the Marine Protection, Research and
Sanctuaries Act. Information on marine sanctuaries may be obtained at
http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the
Corps with a written certification from the Department of Commerce.
r. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and
its codified regulations, the National Historic Preservation Amendment Acts of 1980 and
1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection
and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit
the information described in General Condition "y" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The Permittee may not
begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this permit, you
must immediately notify the Wilmington District Engineer of what you have found, and
to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The
Wilmington District Engineer will initiate the Federal, tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
t. No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed*. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "y" to the Corps if any listed species or designated critical habitat may
be affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian Manatee and
if the activity may affect the manatee, the Permittee does not have to submit the
information in General Condition "y" to the District Engineer as long the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information described in
General Condition "y" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the US Fish and Wildlife Service (Service) in regard to the threatened Northern
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to federally-designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• The project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• The project is located in the 59 eastern counties of North Carolina and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a RGP must check to see if their project is located in the
range of the NLEB by using the following website:
http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the Permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• Is located in a 12-digit Hydrologic Unit Code area ("red HUC" -shown as
red areas on the map), AND/OR;
• Involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• Tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• Bridge removal or maintenance, unless the bridge has been inspected
and there is no evidence of bat use, ( applies anywhere in the range of the
NLEB), AND/OR:
• Percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable RGP
terms and general and special conditions, and if the Permittee's review under A.(l)
and A.(2) above shows that the project is:
• Located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located in a red HUC, but the activity will NOT include tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency -if that other federal
agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all RGP general and
special conditions are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHW A have
conducted programmatic Section 7(a)(2) consultation for a number of federally listed
species and habitat, and programmatic consultation concerning other federally listed
species and/or habitat may occur in the future. The result of completed programmatic
consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These
PBOs contain mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" of whichever species or critical
habitat is covered by a specific PBO. Authorization under this RGP is conditional upon
the permittee's compliance with all the mandatory terms and conditions associated with
incidental take of the applicable PBO (or PBOs), which are incorporated by reference in
this RGP. Failure to comply with the terms and conditions associated with incidental take
of an applicable PBO, where a take of the federally listed species occurs, would
constitute an unauthorized take by the permittee, and would also constitute permittee
non-compliance with the authorization under this RGP. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements
in any RGP verification that may be issued for a project. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its PBO, and with the
ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. If the Permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the Permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
y. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory
Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre-
Construction Notification Form.
1. Name, address, email and/or telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community,
and county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description must be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings must be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings must contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans).
z. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development,
including fill, within a floodway that results in any increase in base flood elevations.
This RGP does not authorize any activity prohibited by the National Flood Insurance
Program.
aa. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the Permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
[e-mail].
bb. The Permittee must maintain any structure or work authorized by this permit in
good condition and in conformance with the terms and conditions of this permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or
work. Transfer in fee simple of the work authorized by this permit will automatically
transfer this permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The Permittee must inform any subsequent owner of all activities
undertaken under the authority of this permit and provide the subsequent owner with a
copy of the terms and conditions of this permit.
cc. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance
with 33 CFR 325 will be available.
dd. Except as authorized by this RGP or any Corps approved modification to this
RGP, all fill material placed in waters or wetlands shall be generated from an upland
source and will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials (including debris from land clearing activities), or unsightly
debris will not be used.
ee. Except as authorized by this RGP or any Corps approved modification to this
RGP, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this RGP will remain authorized provided the
activity is completed within twelve months of the date of the RGP's expiration,
modification, or revocation. Activities completed under the authorization of this RGP
that were in effect at the time the activity was completed continue to be authorized by the
RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
r_,---/ ·~ ~ ~~z,/ __ _ I .,,/ / ,·
---/~amirr 1. Be .·· ett --
co1one1, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

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

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

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

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

Permit Class Permit Number
NEW 58-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

Excavation and/or filling pursuant to NCGS 113-229

Issued to Eddie and Lynne Hardy, 8741 Bald Eagle Lane, Wilmington, NC 28411
Authorizing development in New Hanover County at adj. to Futch Creek, at 8471 Bald Eagle
Lane in Wilmington , as requested in the permittee’s application dated 11/8/21 (MP-
1, MP-4) , including work plan drawings (2) Sheets 1-2 of 2, dated 11/8/21.
This permit, issued on May 27, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

All work must cease when the permit expires on

December 31, 2025

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.

Signed by the authority of the Secretary of DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) This permit authorizes only the boatlift and uses located in or over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, shall
become a permanent part of this docking facility without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.

2) This permit authorizes 1 additional formalized boat slip for a maximum of 3 formalized boat slips at
this docking facility.

(See attached sheets for Additional Conditions)

Eddie and Lynne Hardy Permit No. 58-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) In order to satisfy concerns of the resource agencies, an electronic stop shall be installed on the boat lift
to limit the minimum height to 18” above the bottom substrate to prevent the boat lift from disturbing
the bottom substrate. The limit shall be functional and remain in place for the life of the permitted
docking facility.

4) 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.

5) 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.

6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.

7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

8) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.

Sedimentation and Erosion Control

9) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

10) 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

11) 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.

12) 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.

13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

Eddie and Lynne Hardy Permit No. 58-22
Page 3 of 3

ADDITIONAL CONDITIONS

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2022-0635.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the mean high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project.