60-22 Kenyon, Erik

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermft
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
60-22
Issued to Erik Kenyon, 230 Seacrest Drive, Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at ado. to Motts Channel, at 230 Seacrest Drive,
in Wrightsville Beach as requested in the permittee's application dated 2/7/22, including
work plan drawings (5) Sheets 1, 3, 4, and 5 of 5 dated 2/7/22 and Sheet 2 dated 10/26/21.
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
A these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null anti void.
Docking Facility
1) This permit authorizes only the docks, piers, platform, boatlifts, and other structures and uses located
in or over the water that are expressly and specifically set forth in the permit application. No other
structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
2) This permit authorizes 2 additional formalized boat slips for a maximum of 5 formalized boat slips at
this docking facility.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Erik Kenyon Permit No. 60-22
Page 2 of 4
ADDITIONAL CONDITIONS
3) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established Wrightsville Beach pier -head line.
4) 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.
5) 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.
6) Should the eastern lot be sold prior to the initiation of construction of the docking facility, the permittee
shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian setback
and submit it to the Division of Coastal Management prior to initiating construction of the docking
facility.
7) No attempt shall be made by the permittee to prevent the fulf and free use by the public of all navigable
waters at or adjacent to the authorized work.
8) 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.
Basin Excavation
9) No excavation shall take place outside of the area indicated on the workplan drawings.
10) No excavation shall take place within 10 feet of any Coastal Wetlands.
11) Excavation shall not exceed five (-5) feet below the normal low. In no case shall the depth of excavation
exceed the depth of connecting waters.
12) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
13) All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
14) No dredge material shall be placed within 30 feet of the normal high-water line.

Erik Kenyon
ADDITIONAL CONDITIONS
Permit No. 60-22
Page 3 of 4
15) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
16) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.
17) The dredge material disposal area shall be inspected and approved by.a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) 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.
Maintenance Clause
20) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
General
21) 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.
22) 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.
23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

Erik Kenyon
ADDITIONAL CONDITIONS
Permit No. 60-22
Page 4 of 4
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 4833 and assigned the project DWR Project No. 2022-0309.
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: I 'U� Permit #: (00 — ZZ
MAILING DISTRIBUTION SHEET
Permittee L 11 6,LN&a.A
Agents: /114l - Qoc 1 — 1�?RG2
DCM Field Offices
Elizabeth City
Washington (with revised work plan drawings)
Morehead City
Wilmington k (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 Hanoved
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Renee Gledhill -Earley at [e-mail]
.rs
Public Water Supply:
Heidi Cox (WIRO) Clif Whitfield (WARO)
Marine Fisheries:
Kim Harding Jimmy Harrison
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Chris Pullinger-401
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:
Natural Heritage Program
LPO:
Maria Dunn (WARO)
Rodney Butler
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Erik Kenyon COUNTY: New Hanover
PROJECT NAME: 230 Seacrest Drive
LOCATION OF PROJECT: 230 Seacrest Dr., adj. to Mons Channel in Wrightsville Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-21-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-2-22
ADJ. RIP. PROP NOTICES REGD:
C) 75 DAY DEADLINE: 5-7-22
MAIL OUT DATE: 2-25-22
PERMIT FINAL ACTION: ISSUE DENY
FEE REC'D: $400 (60/40)#2405
RECEIVED
FEB 2 5 2022
DCM-MHD CITY
END OF NOTICE DATE: 3-23-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 3-23-22
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM - Field Rep C91n VNrN
DCM - LUP Consistency Determination Ff 7j ` k
Local Permit Officer I, i flly
Corps of Engineers - Regulatory Branch - 70 W--"
DWR-401 Section ';o •.1J (crh$3 `74
DWR-Public Water Supply 3 1
DEMLR- Stormwater
DEMLR- Sed and Erosion
DOA - State Property Office
2
Wildlife Resources Commission
DMF - Shellfish Section
DMF - Habitat & Enhancement
!L3
DNCR - Archives & History
�(
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce I 2N 2-') I I X I I

DCM Coordinator: Cameron Luck
County:
N.�-
Permit #:_
WIRO E-MAIL DISTRIBUTION SHEET
Circle on : Bio Reportt Permi r: �V1� V�emyoVL
Oversize Pla
DCM Offices:
Morehead City: PT (if oversize) via Courier_
`cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
'MHC documents (Cam & Amanda)
Wilmington: Original hard -copy ,_
ONLY USAGE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USAGE Wilmington: ender & Carteret Co): PN, CL, Reports, Split Sheet _
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
For1ley
eg Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
der - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet _
Div of Water Resources: ,,49heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Vtfim Harding
DCM Planner/WiRO.
_
✓Mike Christenbury _
Cultural Resources:
"Rene Gledhill -Earley Environmental ReyiewCDncdenrgo
Natural Heritage Prog.
-Rodney Butler
DCA-Rural Eco. Dev:
✓M/ark Ziegler
NC DOT:
-David Harris _
Wildlife Resources:
/
'Maria Dunn w/Reports
State Property Office:
%4 /ia Walton: DEED
e Moser
_
aannda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
_
Jeremy Humphrey (Bio)
v8haron Gupton, Admin.
DEMLR:
�hr tine Hall - Stormwater Section
Sams - Land Quality Section
Public Water Supply:
//
�-leidi Cox
City of Wilmington:
98"O"Mi
Enforcement:
jo�n�_(��� (fit/
Field Rep: { r vyi
Co. LPO
Agent:
DISTRIBUTED:
RECEIVED
FEB 2 5 2022
DCM-MHD CITY
Updated 2/2Y22 CAMA/Shaun majors docsre Agency List

RECOMMENDATIONS FOR 230 Seacrest Drive Erik Kenyon 212212022
230 Seacrest Drive shoreline length = 82' x 8 = 656 ft2 (maximum platform allowed)
Proposed pier below NHW = 6' x —50' = 300 ft2 (credit)
Proposed floating dock = 8' x 34' = 272 ft2
Proposed floating dock = 4' x 6' = 24 ft2
Proposed floating finger = 4' x 20' = 80 ft2
Proposed floating finger = 4' x 32' =128 ft2
Proposed platform = 8' x 8' = 64 ftz
TOTAL = 568 ft2
This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding
potential impacts to shallow bottom. 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.
It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight -square foot
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.
It is the staffs recommendation that the proposed new excavation is CONSISTENT with the Rules of 15 A NCAC 07H.0208
(b) (1) which states, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery
areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as
otherwise allowed within this subchapter.". It also states "Any canal or boat basin shall be excavated no deeper than the depth
of connecting waters.
This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting
requirements. It is recommended that any permit issued should include standard conditions for private docking facilities and
excavation including a Consent to Cross from the USACE for the proposed spoil disposal site.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 2022
MEMORANDUM:
NORTH CAROLINA
EnvtronmentarQuatrfy
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.l uckCcDNCDEN R.00v
SUBJECT: CAMA /D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., ad). to Motts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed slips.
Please indicate below your agency's position or viewpoint on the proposed project and
retum this form to Cameron Luck at the address above by March 23, 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. Five slips proposed and 3 existing totaling eight slips
PRINT NAME Wanda Hilliard
AGENCY State Property Office
DATE _March 7, 2022
D Q,R- North Carolina Department of Environmental Quality I Division of Coastal Management
�'Jd Wilmington Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405
moron 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 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, Iuck(aNC D E N R. cov
SUBJECT: CAMA/D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., ad). to Motts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed 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 23, 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 61 In r k Z 2 1 .A I e p-
AGENCY N ( 11 i n � . r) i a7 cot cyry
SIGNATURE �ti'� f I/- �. &I GI
DATE 3 f D 2 2
����- North Carolina Department of Environmental Quality l DivisionofCoastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
February 25, 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�o)NCD EN R.gov
SUBJECT: CAMA/D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., adj. to Motts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed 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 23, 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 Klrilberlee Harding
AGENCY NCDMF
SIGNATURE Kiia2�Pizea�
DATE 02/28/2022
i
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.716.7215

MEMORANDUM
To: Cameron Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application — Erik Kenyon,
Wrightsville Beach, New Hanover County
Date: May 31, 2022
This project is consistent with the Wrightsville Beach Land Use Plan Update.
The applicant proposes to remove the existing pier and docking facility and replace it in a
new configuration to accommodate up to five (5) boat slips, and excavate to -5 NLW
under the new slips. The project is located at 230 Seacrest Drive in Wrightsville Beach.
Areas of Environmental Concern (AEC's) impacted by the proposal are CW, PT and EW.
Waters at the project site are classified as SB and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Wrightsville Beach Land Use Plan
Update and offer the following comments.
The general area of the project is classified as Low Density Residential/Conservation.
In general, the Wrightsville Beach Land Use Plan contains policies, which allows
development in Low Density Residential/Conservation classified AECs, which is
consistent with the State's minimum use standards. The Wrightsville Beach Land Use
Plan contains some policies, which exceed the State's minimum use standards. However,
none of these policies appear to be applicable to this project.
This project is consistent with the Wrightsville Beach Land Use Plan Update.
RECEIVED
MAY 3 1
[)CM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental QuaUry
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(a1N CDENR.00v
SUBJECT: CAMA/D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., adj. to Motts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed 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 23, 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 Zir'
AGENCY D/,✓.t/O�/j%%�U��
SIGNATURE_
DATE
North Carolina Department of Environmental Quality I Division oFCoastal Management
IIF� Wilmington Office 1127 Cardinal Drive Extension I wlimington, North Carolina 28405

DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, jR.
Director
NORTH CAROLINA
Environmental Quality
April 25, 2022
DWR a 20220309
New Hanover County
Erik Kenyon
230 Seacrest Drive
Wrightsville Beach, NC 28480
Subject: Approval of Individual 401 Water Quality Certification
Docking Facility Reconfiguration and Excavation
USACE Action ID. No. SAW-2022-00495
Dear Mr. Kenyon:
Attached hereto is a copy of Certification No. WQC004833 issued to Erik Kenyon, dated April 25, 2022.
This approval is for the purpose and design described in your application. The plans and specifications for
this project are incorporated by reference as part of this Water Quality Certification. If you change your
project, you must notify the Division and you may be required to submit a new application package with
the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is
responsible for complying with all conditions. (15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
North Carolina Department of Environmental Qtulity I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID:.245E6FEF-112C-43BF-88D5-44EE3A330285 Erik Kenyon —230 Seacrest Drive
DW R# 20220309
Individual Certification #WQ0004833
Page 2 of 12
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or hollev.snider@ncdenr.¢ov if you have any
questions or concerns.
Sincerely,
'
signed bbr. L
For: o1,:Y§fdiibiez-King
Regional Operations Supervisor
Electronic cc: Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 19880217v2_Oyster Bay HOA_IWQC_Renewal_NHCo._Apr.22.docx
Nonh Carolina Department of Environmental Quality I Division of Wator Resuoroes
®� ��}� 512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
ir,o-anon �/ 919.707.9000
ua,mwmu.n®wo=er�

DowSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285
Erik Kenyon — 230 Seacrest Drive
DWR# 20220309
Individual Certification #WQC004833
Page 3 of 12
D_mW W%,
North Carolina Department of Enviromnental Quslity I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285
Erik Kenyon — 230 Seacrest Drive
DWR# 20220309
Individual Certification #WQ0004833
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004833 is issued inconformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Thomas McCarley and the Oyster Bay Homeowners Association, who have
authorization for the impacts listed below, as described within your renewal request received by the N.C.
Division of Water Resources (Division) on February 23, 2022, and by Public Notice issued by the Division of
Coastal Management.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Open Waters
Excavation of Boat Basin
0.04 acres
N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of other
state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources Commission
(WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National
Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require
written approval by the resource agency responsible for the given moratorium.
Work within a designated trout watershed of North Carolina (as identified by the Wilmington
District of the US Army Corps of Engineers), or identified state or federal endangered or
threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS,
and/or DMF personnel.
Citation: 15A NCAC 02H .O506(b); 15A NCAC O21-1.05O7(c); 15A NCAC O4B .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
®E North Carolina Department of Envimm nental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617
nrnn�rnm ns ,/ 919.707,9000
up+rv+ wrw.wtlme,

DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Erik Kenyon — 230 Seacrest Drive
DW Rfi 20220309
Individual Certification kWQ0004833
Page 5 of 12
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and.maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
3. The effluent water from the dredge spoil should not (if at all practicable) be released into open
shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into
open shellfish water will cause a (temporary) closure of that water which in turn is a
degradation of waters and a violation of tidal salt water quality standards for Class SA Waters.
Shellfish Sanitation (252.726.6827) and the Division of Water Resources (910.796.7215) must be
notified if this is to occur.
Citation: 15A NCAC 02B .0221
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture, and
shellfishing for marketing purposes) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
4. Appropriate measures should be installed prior to any land disturbing activities to protect
wetlands, streams, and/or buffers from turbidity and/ or sedimentation. These measures
should be routinely inspected and properly maintained, and excavated materials should be
contained outside wetland, stream, and/or buffer boundaries. Excessive silt and sediment loads
can have numerous detrimental effects on aquatic resources including destruction of spawning
habitat, suffocation of eggs, and clogging of gills of aquatic species.
Citation: 15A NCAC 02H .0506 (b)(1) and (2)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture
...more depending on classification); and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
R North Carolina Department of Environmental Quality I Division of Water Resources
D � ��� 512 Noah Salisbury Street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617
"""^ n 919.707.9000

DocuSign Envelope ID: 245E6FEF-112C43BF-88D5-44EE3A330285 Erik Kenyon — 230 Seacrest Drive
DWR# 20220309
Individual Certification #WQC004833
Page 6 of 12
5. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .05O7(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC O2H .0506,• 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
7. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Noah Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mal Service Center I Raleigh, Noah Carolina 27699-1617
air^aym� 919.707.9000

DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Erik Kenyon — 230 Seacrest Drive
D W R# 20220309
Individual Certification #WQC004833
Page 7 of 12
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200;15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters,• for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
8. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,• 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters, • for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
®� ��� Noah Carolina Depaament of Environmental Quality I Division of Water Resources
512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
nrnn�rsmi wa
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DocuSign Envelope ID: 245E6FEF-112C-43BF-88D544EE3A330285 Erik Kenyon — 230 Seacrest Drive
D W Rk 20220309
Individual Certification #WQC004833
Page 8 of 12
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
10. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements. is required.
Citation: 15A NCAC O2H .O5O6(b); 15A NCAC 02H .0507(c); 15A NC4C 02B .0200,-15A NCAC O2B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
11. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: ISA O2H .O506(b); 15A NCAC O2H .O507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
®��Z� Nonh Carolina DepartmentofEnvimnmental Quality I Division of Water Resources
612 North Salisbury Street 1 1617 Mail Service Center I Raleigk North Carolina 27699-1617
nrnm a+ar na 919.707.9000
w.+®wr...�rso.�

DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Erik Kenyon — 230 Seacrest Drive
DWR# 20220309
Individual Certification kWQ0004833
Page 9 of 12
12. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odorsholl not be present in amounts that may cause adverse
impacts on existing wetland uses.
13. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days afterthe temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
15. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
®En� North Carolina Department ofEnvironmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617
rC..919.707.9000
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DocuSign Envelope ID: 245E6FEF-112C-43BF-8805-44EE3A330285 Erik Kenyon — 230 Seacrest Drive
D W R# 20220309
Individual Certification #WQC004833
Page 10 of 12
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
16. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
17. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a mannerto prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
18. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
D Noah Carolina Department 1 1617h ail Seal Quality l IDivisionoof , NorthWater Re Carolina
es
512 Noah Salisbury Street 116I7 Mail Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Erik Kenyon — 230 Seacrest Drive
DWR# 20220309
Individual Certification #WQC004833
Page 11 of 12
Citation: 15A NCAC 01 H .0506(b); 15A NCAC 0214.0507(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
19. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15ANC4CO2H.0507(c); N.C.G.S143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
20. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for instate rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
21. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
Nonh Carolina Depar entof Environmental Quality l Division of Water Resources
DE
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707,9000
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DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Erik Kenyon — 230 Seacrest Drive
DWR# 20220309
Individual Certification #WQC004833
Page 12 of 12
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 25th day of April 2022
ZMfffiM'L7z-King
cuftn�bby!-=,�,
For:k-,
Regional Operations Supervisor
MSK/hs
North Carolina Department ofEnvimnmental Quality I Division of Water Resources
�ry D :> 512 North SalisburyStreet 11617 Mad ServiceCenter I Raleigh North Camlina 27699-1617
ar�n®eeme,1 / 919.707.9000

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 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] (Courier11-12-09)
cameron.luckna NCDENR.00v
SUBJECT: CAMA/D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., adj. to Motts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed 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 23, 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:
PRINT
AGENCY
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.
Mark Brown
Public Water Supply
SIGNATURE fq,.k 9,.,
DATE 3-1-22
D Q d�
RECEIVED
to AR 012011
MP SECTION
,,,cm - 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

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28567
Fax: [phone] (Courier 11-12-09)
Cameron. luck(a)NCDENR.00v
SUBJECT: CAMA/D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., adj. to Motts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed 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 23, 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 RECEIVED
SIGNATURE ii'e&u_ 824nau.Lfor Shannon Jenkins MAR 0 5:2M
MP'SECTION
DATE 03/07/2022 DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

0Received: 02/28/2022
State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Drrrctor
February 25, 2022
NORTH CAROLINA
Environmental Quality
ER 22-0731 Due: 3/08/2022
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)
[e-mail]
SUBJECT: CAMA/D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., adj. to Molts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed slips.
Please indicate below your agency's position orviewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 23, 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 Renee Gledhill -Earley
AGENCY State Historic Preservation Office RECEIVED
SIGNATURE MAR 0 4;tfi'1.2
MP SECTION
DGM - MHD C;ITV
DATE March 04, 2022
TM D_EQ�
�m.m.wwmmu,m�
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
EUzABETH S. BISER
secretory
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
February 25, 2022
c. 22, 02.2$�I
MEMORANDUM.'
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.lu ck(ZDNCDENR.00v
SUBJECT: CAMA/D&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr., adj. to Motts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5WIN under the
proposed 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 23, 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 M6-riA 1 .. i-'Aun 11
AGENCY
SIGNATURE AAantA
DATE �✓ Z3 -�
®� North Carolina Department ofEnvironmental Quality l Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215

Application Review Checklist
Letter A '% ?iZ 75 s
Applicant
C� o.n
e/0
.A
MEL We.)
Placard Common '3—
Pub A �`� 2 Comment 2
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( _ _Computer I A
Agent
j
Deficiency Letter?
DWR ACK Date'
2DWR Statements
Physical Address
tI
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rt �p
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Field Rep.
AECs
7i
IC L'J/6 U%f r 7�
Habitat t�
Designations � V
E Development
CL03 r,> Buffer
Riparian Notification?
Green Card? Signed Form?
Obj
Waive 15'
Fee Schedule
000
Water
Dependent
V "� �1j9M7
/
Deed?
Raparian rights
PH or
From Property line
1/4 width?
Nav/Channel Proximity
Residential Commercial
FT calculations Rft'or 27ft2 N/A
ISSUES OF NOTE
9A,VVCe vW aod&�( Sul )� � �a�atk L'jj rttA , C4 �U 6r�'
�, -- S N L w vnd Y- sl:pS,
�
mid,( 90j�C, 70 (-uY

Major Development
Excavation/Fill
Applicant
Address
County
Physical Location including
Waterbody Description
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
15' c
ihc.tax f
FIN4C
_ va�,�
DWR 401 Certification #
Permit Fee
Permit Checklist
Permit #
MP1 MP2 MP3 MP4 MPS
63 b5
USACE SAW #
Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Erik Kenyon, c/o Mark Westendorff
2. LOCATION OF PROJECT SITE: 230 Seacrest Drive, Wrightsville Beach, New Hanover County.
Latitude: 340 12'50.44" N, Longitude: 770 48' 29.91" W
(<�1�19��1[�ri7C7�i177�iN:1uI:U1�
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/11/2022 Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 2/8/2022 (initial) 2/21/2022 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Wrightsville Beach
Land Classification From LUP — Low Density Residential / Conservation
(B) AEC(s) Involved: CW, EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — municipal Planned — NA
(F) Type of Structures:
Existing — Bulkhead, 2-slip private docking facility.
Planned —New 5-slip private docking facility with new dredging.
(G) Estimated Annual Rate of Erosion: N/A Source - NIA
HABITAT DESCRIPTION: [AREA]
DREDGED IELLED OTHER
3ft2
Vegetated Wetlands
(A) Ve 9
(Shaded)
(B) Non -Vegetated Wetlands (Open water)
1,715 ft2
(New Excavation)
658 ft2
(Incorporated)
(C) Other— High Ground
—8,364 ft2
(D) Total Area Disturbed:-11,037 ft2 /0.253 acres
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
8. PROJECT SUMMARY: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate up to five (5) boat slips. The applicant also
proposes to perform new excavation to 5 NLW under the proposed slips.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

230 Seacrest Drive, Erik Kenyon
Page Two
9. PROJECT DESCRIPTION
The project site is located at 230 Seacrest Drive, adjacent to Motts Channel and the Sea Path
Estates canal in Greenville Sound, on Harbor Island in the Town of Wrightsville Beach, in New
Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel east
approximately 3.2 miles on Eastwood Road crossing the drawbridge onto Wrightsville Beach. Stay
in the right lane to continue onto Causeway Drive, in 0.2 miles turn right onto Seacrest Drive and
the property will be on the left.
The project site is currently maintained as a single-family residence located on Harbor Island with
water frontage on the Sea Path Estates Canal and Motts Channel. The parcel is approximately 0.31
acres in size with approximately 82 feet of shoreline, stabilized with a bulkhead landward of Coastal
wetlands, and a 3-slip private docking facility. The highground is vegetated primarily with
ornamentals and maintained lawn grass and according to the applicant the elevation of the property
is approximately 3 feet above normal high water (NHW). A narrow strip of high marsh consisting
mostly of sea oxeye (Borrichia trutescens) descends into low marsh approximately 42' to 115' in
width consisting primarily of Smooth Cordgrass (Spartina aftemiflora). The existing private docking
facility consists of an access pier approximately 60' in length extending from the existing bulkhead
over the coastal wetlands into the open water of the canal. A fixed platform measuring approximately
18' in length by 6' to Tin width extends into the canal from the access pier. An access ramp extends
from the platform onto a floating dock measuring approximately 33' in length by 6' in width, positioned
parallel to the coastal wetland grass line. A floating platform measuring approximately 14' by 12'
intended for two jet -skis is located on the northeastern side of the floating dock, a floating scissor
boat lift measuring approximately 17' by 12', and five (5) mooring poles are located around the
southeastern side of the floating dock.
According to the Town of Wrightsville Beach records the original pier and float was constructed
around 1981 in a similar configuration. General permit 30466-D was issued on May 21, 2002 and
was later modified on May 30, 2002 (for the previous owner, John Lamm) to extend the access pier
15' farther into the canal. General Permit 34279-D was also issued to John Lamm on August 19,
2003 for a bulkhead. No further permit history was found for the property. The southwestern riparian
line was established with Major Permit #17-17, issued to the adjacent property, 228 Seacrest on
February 17, 2017. The riparian lines established with Major Permit #17-17 are extensions of the
property lines. The agent for this project consulted with DCM for concurrence on riparian line
establishment prior to submittal.
The current Town of Wrightsville Beach Land Use Plan classifies the adjacent waters as
Conservation, and the adjacent high ground portion of the project area as Low Density Residential.
The adjacent waters of Motts Channel are classified SB by the Division of Water Resources and are
NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They
are CLOSED to the harvest of shellfish.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

230 Seacrest Drive, Erik Kenyon
Page Three
iGa
PROPOSED PROJECT
The applicant proposes to remove the existing pier and docking facility and replace it in a new
configuration to accommodate up to five (5) boat slips. The applicant also proposes to perform new
excavation to -5 NLW under the proposed slips. The proposed new docking facility would include a
65' by 6' access pier with an 8' by 8' L-head platform located on the southwest side of the pier. An
access ramp would be positioned at the terminal end on the pier to a small 4' by 6' floating landing
connected to a larger U-shaped floating dock. The spine of the U-shaped float would measure 8'
wide by 34' in length with the landward finger pier measuring 4' by 20' and the waterward finger
measuring 4' by 32', The U-shaped float would be positioned with the finger piers parallel to the
shoreline and the opening toward Molts Channel (see Sheet 2 of 5). The applicant also proposes
excavation measuring approximately 49' by 35' wide (1,715 ft2) to a depth of -5 normal low water
(NLW) see Sheet 3 of 5 for the proposed dredge footprint.
The applicant has a permission letter included in the application to place the dredge spoil on the
highground of the Agnes Beane property, on DA-248, outside of the USACE right-of-way a minimum
of 30' away from highwater. No permit history for excavation can be found for this area, however,
parts of the canal must have been excavated sometime in the past. The proposed dredge footprint
would be located a minimum of 10' away from any coastal wetlands and would be positioned beneath
the U-shaped floating dock. The applicant indicates the proposed dredging would support larger
deeper draft boats (see attached email from 2/21/2022). Water depths included on Sheet 3 of 5
were confirmed during the February 11, 2022 site visit. Sparse oyster shell hash was noted during
the site visit with potentially a small number of live clusters near the coastal wetland shoreline outside
of the proposed dredge footprint.
The new private docking facility proposed would expand the slip count from 3 to 5 boat slips and
would incorporate approximately 658 ft2 of open water and shade approximately 300 ft2 of coastal
wetland. The proposed new excavation of the boat basin would impact approximately 1,715 ft2 of
Shallow Bottom producing an estimated 70 CY of material that would be disposed of on high
ground, impacting approximately 8,364 ft2. The proposed excavation would be a minimum of 10'
away from coastal wetlands with no anticipated impact to coastal wetlands. Increases in turbidity
can be expected during the construction process.
Submitted by: Katharine Elks Date: February 22, 2022 Office: Wilmington
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

4. DCM MP-1 Section 6.0 Additional Information
4.1 Section 6. a. Project Narrative
4.1.1 Project Location and Existing Conditions
The project is adjacent to Motts Channel at 230 Seacrest Rd., Wrightsville Beach, New Hanover County. There is an existing
62' long X 4' wide fixed pier leading to a 10' x 19' platform on the southeastern waterfront portion of the tract. There is
also a ramp that leads to an 8' wide x 32 long' floating dock. DRG staff flagged Normal High Water on August 9, 2021 and
was approved by DCM staff the same day. See Appendix B for details. Waters in the project area are classified as SB.
There are no SAV or shellfish resources present and the area is closed to shellfishing.
4.1.2 Proposed Action
The applicant proposes to remove the existing fixed pier, platform and floating dock structure and intends to construct a
new docking structure to include a 6' X 65' fixed pier, 8' X 8' platform, 8'X 34' floating dock with an attached 3' wide access
ramp and 4' X 6' gangway landing and two floating finger piers (4' X 20' and 4' X 32'). There is no additional upland work
proposed on the property. See Appendix A for details.
Due to water depths surrounding the proposed floating docks, maintenance dredging to -5 MLW is requested within the
proposed dredging boundary. An approximate 36-foot wide by 49-foot-long box cut to -5 MLW will generate
approximately 70 cubic yards of dredge spoil. Maintenance dredging will extend to existing -5' MLW depths where
applicable within the proposed dredging boundary. Bucket -to -barge excavation is proposed, and the excavated material
will be placed on DA-248 outside of the USACE right-of-way along and adjacent to the existing dike. See Appendix C for
details.
The 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
CWA 401 certification request within the applicable reasonable period of time.
RECEIVED
FEB 0 8 2022
Application for Major Development Permit —February 2022
230 Seacrest Dr.
Wrightsville Beach, New Hanover County, North Carolina j
r'r 2 5 2022
DCM-MHD CITY

1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised IV2t1e6)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant' Landowner Information
Business Name
Project Name (if applicable)
NA
230 Seacrest Drive
Applicant 1: First Name
MI
Last Name
Erik
L
Kenyon
Applicant 2: First Name
MI
Last Name
NA
NA
NA
If additional applicants, please attach an addtional page(s) with names listed
Mailing Address
PO Box
City
State
230 Seacrest Dr
Wrightsville Beach
NC
ZIP
Country
Phone No.
FAX No.
28490
USA
910-234-1000
Street Address (rl dRerent from above)
city
State
ZIP
NA
Email
[e-mail]
2. Agent'ContractorInformation
Business Name
Davey Resource Group
Agent/ Contractor 1: First Name
MI
Last Name
Greg
NA
Finch
Agent/ Contractor 2: First Name
MI
Last Name
Mark
NA
Westendor8
Mailing Address
PO Box
City
State
3805 Wrightsville Avenue, Suite 15
NA
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28403
910-052-0001
ext. NA
NA ext. NA
FAX No.
Contractor •
910-452-0060
NA
Street Address (if different from above)
City
State
ZIP FEB A:
NA
Snail
—
[e-mail]. [e-mail]
Application for Major Development Permit — February 2022
23U Seacrest Dr.
Wrightsville Beach, New Hanover County, North Carolina
RECEIVED
FEB 0
:IVED
I 2022
iD CITY
DCM WILMINGTON, NC

3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
230 Seacrest Drive
Subdivision Name
City
State
Zip
Wrightsville
Beach
INC
28480
Phone No.
Lot No.(s) (if many, attach additional page with kst)
NA
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear River Basin
Mob's Channel
c. Is the water body identified in (b) above. natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Mammade ❑Unknown
Mott's Channel
e. Is proposed wok within city limits or planning jurisdiction?
I. if applicable, list the planning jurisdiction or city lin it the proposed
®Yes ONO
work falls within.
Wrightsville Beach
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sg.ft.)
82 ft.
+/- 0.31 acres
c. Sae of individual lot(s) t/- 0.31 acres
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(if many lot sizes. please attach additional page with a list)
3.0' ®NHW or ❑NWL
e. Vegetation on tract
Shrubs, trees and lawn grasses.
I. Man-made features and uses now on treat
There is one single-family residence located on the tract. There is an existing 62' long x 4' wide fixed pier leading to a 10' x
19' platform on the southeastern waterfront portion of the tract. There is also a ramp that leads to an 8' wide x 32 long' floating
dock. There is space for 3 boat slips around the floating dock. The remainder of the tract is a lot with typical shrubs, trees,
and grasses.
g. Identify and describe the existing land uses adlacen to the proposed project site.
R-1 Residential
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-1 Residential
(Attach zoning compliance certificate, if applicable)
®Yes ONO ❑NA
I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Has a professional archaeological assessment been done for the tract? If yes. attach a copy. ❑Yes ONO ®NA
If yes, by whom?
L Is the proposed projecl located in a National Registered Historic District or does it involve a National ❑Yes ®NO ❑NA
Register listed or eligible property?
RECEIVtC,
`I i
Application for Major Development Permit — February 2022 RECEIV
z3o zicdcrc)t or.
ED
Wrightsville Beach, New Hanover County, North Carolina DC INN VV!L.Li I1't C—
FEB 2 5 2022
DCM-MHD CITY

m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there wastal wetlands on the site? Cayes ❑No
(iii) If yes to either (i) or (a) above, has a delineation been conducted? ®Yes []No
(Attach documentation, if available) PRELIMINARY DELINEATION, NO UPLAND
DEVELOPMENT PROPOSED SEE APPENDIX A FOR DETAILS
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe exisbrg drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
None
& Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government
®Private/Communily
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the project is to remove the existing fixed access pier, platform and docking structures and construct a new
pier, platform and floating dock for recreational, water -based activities.
c. Describe the proposed construction methodology. types of consimchon equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Typical dock construction methods and equipment will be used. Equipment will be stored on site, if needed.
d. List all development activities you propose.
The applicant proposes removal of the existing Posed pier, platform and floating dock. Also proposed is the construction of a
65' long It 5' wide fixed pier with 8' x 8' platform and a "U' shaped floating dock consisting of 34' long x 8' wide floating dock
and two floating finger docks, 4' X 20' and 4' X 32'. Due to current water depths maintenance dredging to -5' MLW is requested.
See Appendix A for details. No upland development is proposed.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or IRAcree Uplands
< 1 ❑Sq.Ft or ®Acres of Spoil Island
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No []NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
No new discharges- RE
i. Will wastewater or stormwater be discharged into a wetland? -No new discharges []Yes WNo ❑NA FEB
fl
If yes. will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j. Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes. attach a mitigation proposal.
EIVED
25 2022
HD CITY
FEB 0 8 20K
Application for Major Development Permit -February 2022
z30 seduest Dr. DCM WILNIINC-7"' ..
Wrightsville Beach, New Hanover County, North Carolina 4

6. Addidonallnfonnadon
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction
booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps. plats. drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR-
f A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed retum receipts as proof that such
owners have received a copy of the application and plats by certdied mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Bernard J. Morris Jr. and Jill A. Painter Phone No. NA
Address 228 Seacrest Dr-, Wrightsville Beach NC, 28480
Name John K. Humphrey Phone No. NA
Address 232 Seacoast Dr.. Wrightsville Beach NC, 284N
Name Phone No. NA
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permieee, and isslpng dales.
No existing permits for project tract.
h- Signed consultant or agent authorization form, If applicable.
t. Welland delineation, if necessary.
j A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of
pudic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
any permit issued in response to this application will allow only the development described in the
The project will be subject to the conditions and restrictions contained in the permit
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the
aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date: 2/07/2022 Print Name: Agent, Davey Resource Grouo
Signature
Please indicate application attachments pertaining to your proposed project. RECEIVED
MDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development FEB 0 8 2022
®DCM MP-4 Structures Information
Application for Major Development Permit — February 2022
z3o 5eacre5t Dr. \ /CD
Wrightsville Beach, New Hanover County, North Carolina
FEB 2 5 2022
DCM-MHD CITY

2. Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and Culverts)
Access
Channel
Boat
Boat
Rock
Rock
Other (excluding
(NLW or
Canal
Basin
Ramp
Groin
Breakwater
shoreline
NWL
stabilization)
Length
—49'
Width
—35'
Avg. Existing
—3.5'NLW
NA
NA
Depth
Final Project
-5.(Y NLw
NA
NA
Depth
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
wbicyards.-70.Ocubicyards
Subtidal sandy sediment
c. (i) Does the area to be excavated include coastal wetlandslmarsh d. High -ground excavation in cubic yards.
(CW). submerged aquatic vegetation (SAV), shell bottom (SB), or No high -ground excavation proposed
other wetlands (WL)? If any boxes are checked. provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Southern comer of CA-248, outside USACOE ROW
adjacent to existing dike. PID R0630D-002-001-000. See
Appendix C for Details.
C. (i) Do you claim title to disposal area?
❑Yes ONO ❑NA
(ii) If no, attach a letter granting permission from the owner.
See attached Appendix C.
e. O Does the disposal area include any coastal wetlandstmarsh
(CW). submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of disposal in these areas:
NA
Application for Major Development Permit - February 2022
230 5eacrest Dr.
Wrightsville Beach, New Hanover County, North Carolina
❑This section not applicable
b. Dimensions of disposal area.
Irregular, upland portions of PID R06300-002-001-000 adjacent to
existing dike. See Appendix C.
d. (i) Will a disposal area be available for future m�eyECtIVED
®Yes ONO ❑NA I�CVC
(ii) If yes, where?
See Appendix C for Details.
FEB 2 5 2022
f. fit Does the disposal include any area in the water?
[-]Yes ®No ❑NA
(II) If yes, how much water area is affected? DCM-M H D CITY
RECEIVED
FEB 0 8 2022
ACM WILMINGTON. NC
6

I SHORELINE STABILIZATION ®This section not appdicabh
(if development is a wood groel, use MP-4 — Shuchxes)
ti. Type of shoreline stabilization: b. Length:
[]Bulkhead ❑Riprap ❑BreakwatedSill ❑Other: _ Wdth_
c. Average distance waterward of NHW or NWL. d- Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12 months?
[]Yes ❑No ❑NA
(it) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER RLL ACTIVMES ®This section not applicable
(Excluding Shoreline StabrriYabon)
s. (i) Will fill malenal be brought to the sfte? ❑Yes ❑No ❑NA b. (i) WII fill material be placed in coastal wetlandstmaish (CW),
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on sde and erosion
controlled? No land disturbing activities at the project site. Dredge
spoil will be placed along and adjacent to the existing diked disposal
area outside the USACE ROW on DA-248. See Appendix C.
c. (i) Wit navigational aids be required as a result of the project?
❑Yes ElNo ❑NA
(n) If yes. explain what type and how they will be implemented.
submerged aquatic vegeianon (JAV), snen oonom (sts), or aver
wetlands (WQ? If any boxes are checked. provide the number
of square feet affected.
❑CW ❑SAV ❑SB
❑WL []None
(ii) Describe the purpose of the fill in these areas:
b. What type of construction equipment will be used (e g.. dragline,
backhoe, or hydraulic dredge)? Typical dock construction and
bucket to barge equipment, backhce, excavator. barge and
bobcat/bulldozer.
d. (i) Will wetlands be crossed in transporting equipment to project
site? []Yes ZNo ❑NA
(g) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Dmc
21712022 RECEIVED
Project Name
210Seacresi Dr. FEB 25 2022
Appticmt Na
Erg, L Kenyon
Apphmt Sigoaturc
71e-4A4. e G— , Agent, Davey Resource Group
Application for Major Development Permit —February 2022
230 seacrest. or.
Wrightsville Beach, New Hanover County, North Carolina
DCM-MHD CITY
RECEIVED
08 2022
DUYVILh4WGTol,. i c

3. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/manna.
❑Commercial ❑Publin/Govemment Wrivate/Commundy
a O Dock(s) and/or pier(s)
(it) Number 1 fixed pier and 1 U shaped floating dock
(iii) Length 65' fixed and 34' floating
(iv) Width 6fixed and 8'
(v) Floating ®Yes ❑No
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(it) Number 1
(iii) Length 8'
(iv) Width 8'
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from ddpline dimensions.
g. (i) Number of slips proposed
5
(ii) Number of slips existing
3
i. Check the proposed type of siting.
❑ Land cut and access channel
®Open water: dredging for basin and/or channel
❑Open water. no dredging required
❑Other; please describe:
k. Typical boat length: 10-30'
M. (i) Will the facility have tie pilings?
®Yes ❑No
(n) If yes number of be pilings?
z
Application for Major Development Permk—February 2022
Z30 5cocre3t or.
Wrightsville Beach, New Hanover County, North Carolina
❑This section not applicable
b. (I) Will the facility be open to the general public?
❑Yes ®No
d. (i) Are Finger Piers included? ®Yes ❑No
If yes:
(ii) Number 2
(III) Length 20' and 32'
(iv) Width 4'
(v) Floating ®Yes ❑No
f. (i) Are Boadifts included? ❑Yes ®No
If yes:
(it) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or maintenance
service
❑ Dockage, fuel, and marine supplies
I& Dockage ('Wet slipsl only, number of slips:
❑ Dry storage; number of boats:
❑ Boat mmp(s); number of boat temps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats. mixed types).
Open runabouts and other mixed types.
RECEIVED
I. (i) Will the faclity be open to the general public?
❑Yes ®No FEB 2 5 2022
DCM-MHD CITY
RECEJ1 _.
8

Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons. Number:
❑ Showers
❑ Boatholding tank pumpoul: Give type and location.
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard Discharge of sewage from boats be controlled?
e. (i) Give the location and number of 'No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available' signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants. such as paint. sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quafity.
j. What will be the manna policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marmaldockng facility proposed within a primary or secondary nursery area?
[]Yes []No
n. Is the marnaldocking facility proposed within or adjacenl to any shellfish harvesting area?
RECEIVED
[]Yes []No
o. Is the manna/docking facility proposed within or adjacent to coastal wetlandslmarsh (CVJ), submerged aquatic vegetation (SAV), she b om 22
(SB), or other wetlands (WL)? If any boxes are checked, pmvide the number of square feet affected.
❑CW ❑SAV ❑SB _ DCM-MHD CITY
OWL _ ❑None
p. Is the proposed mannaidocking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. RECEIVED
FEB 0 8 2022
Application for Major Development Permit — February 2022 DCM WILM INGTON, NC
Z30 5eacrest Dr.
Wrightsville Beach, New Hanover County, North Carolina 9

3. BOATHOUSE Including covered ii is) ®This section not applicable
a. (t) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Privata/Communily
(II) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripfine dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If rock gran, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(if) Length
(iii) Width
5. BREAKWATER (e.g., wood, stailOWe, etc.) ®This section not applicable
a. Length _ b. Average distance from NHW, NWL, or wetlands
C. Maximum distafce beyorid NHW, NWL m wetands
& MOORING PILINGS and BUOYS ®This section not applicable I
a. Is the structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
c. Distance to be placed beyond shoreline _
Note. This should be measured from marsh edge, If present.
e. Arc of the swing _
7. GENERAL
a. Proximity of structures) to ad)acent riparian property lines
2.0' to the northeast (Adjacent Riparian Landowner has provide a
signed waiver form) and 7310 the southwest
Note: For buoy or mooring piling, use arc of swing )nduding length
Of vessel
c. Width of water body
-11oft.
Application for Major Development Permit —February 2022
z90 seacrest or.
Wrightsville Beach, New Hanover County, North Carolina
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
DECEIVED
b. Proximity of structure(s) to adjacent docking facilities. FEB 2 5 2022
76' to the northeast and 197' to the southwest.
DCM-MHD CITY
d. Water depth at waterward end of structure at NLW or NWL
-5.5NLW
RECEIVED
FEB 0 8 2022
DCM WILMINGTON, NC

e. (i) Will navigational aids be required as a result of the project?
❑Yes ONO ❑NA
(ii) If yes, explain what type and how they will be implemented
& OTHER ®This section not applicable
a. Give complete description:
2/7/22
D.tc
230 Seacrest Dr.
Pmlmt Nu
Erik L. Kenyon
.{ppli .n, N.
Agent, Davey Resource Group
%ppli., sigmt.
RECEIVED
EB 2 5 2022
DCM-MHD CITY
RECEIVED
FEB 0 8 2022
Application for Major Development Permit — February 2022 DCM WILMINGTO N, NC 230 Sedt.rnt Dr.
Wrightsville Beach, New Hanover County, North Carolina 11

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Mark Westendorff
Davey Resource Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Dear Mr. Westendorff.
NORTH CAROLINA
Envirorunenfal Quality
February 22, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Erik
Kenyon, for State approval for development of the subject property located at 230 Seacrest Drive, adjacent to Molts
Channel, in Wrightsville Beach, in New Hanover County. It was received as complete on February 21, 2022 and
appears to be adequate for processing at this time. The projected deadline for making a decision is May 7, 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 February 21, 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 designer/consukant.
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,
�-� 6AVo—
Katharine Elks
Field Representative
cc: Cameron Luck, DCM
USACE
Tony Wilson, LPO
John Perry, DWR
Erik Kenyon, Applicant
RECEIVED
F FB 2 5 2022
DCM-MHD CITY
Nonh Carolina Depanmem of Enoronmcntal Quality I Division of Coastal Maregement
Wilmington Office 1127 Carnal Drive Extension I WIImingtan. North Carotin 28405
910.7%.7215

NOTI(041#170A
LAMA PERMIT
APPLIED FOR
PROJECT: Applicant proposed to remove & reconfigure
l-711 �l-T 11 N l=iIMLt .l•i= ►'� l w t �, i i� la t l=� �J l•J !1•l-TN lw I I • • I
Beach, New Hanover County.
COMMENTS ACCEPTED THROUGH
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
I Erik Kenyon
5 230 Seacrest Drive NC Div. of Coasta anagemen
21
n Wrightsville Beach, NC 28480 127 Cardinal Dr. Ext.
i /Jaentr Davey Resaurap Grnun Wilmington, NC 28405
7 clo Mark Westendorif Katharine s
[phone]

0
NORTH CAROLINA
I_r;n....I lal � Nr,din
February 25, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Rebecca & Larry Spainhour - Brunswick County
• Erik Kenyon - New Hanover County
ROY COOPER
Cm ,,,o,
ELIZABTH BiSER
SeCRlal'
BRAXTON DAVIS
01mcku, Dtvasw,nf('a MAfnmgrns,rm
Hello: Please publish the attached Notice in the Wednesday, March 2, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office. n
Support & Customer Assistance
cc: MHC Files
Cameron Luck - MHC
USACE
RECEIVED
FEB 25 2022
St of North Camtioa I Environmental Quality I Coastal Managemat C _ H D CITY
127 Cmdinal Drive Eal., Wilmington, NC 2W5 919 7%7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On February 25, 2022, Rebecca and Larry Spainhour proposed to
extend an existing 2-slip dockingfacility to the newly established pier headline to access deeper waters at 9285
Peakwood Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County; and on February 22, 2022, Erik
Kenyon proposed to remove & reconfigure the existing dockingfacility to accommodate five (5) slips, with new
excavation under the proposed slips at 230 Seacrest Dr., adj. to Molts Channel, Wrightsville Beach, 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 23, 2022 will be considered in maldng 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 2 5 2022
-DCM-MHD CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Erik Kenyon
Mailino Address: 230 Seacrest Dr.
Phone Number:
Email Address:
I certify that I have authorized
Wrightsville Beach, NC 28480
910-234-1000
[e-mail]
Mark Westendorff/Davey Resource Group
Agent I Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
Removal of and construction
of new fixed access pier, platform and Floating dock. Also excavation of material around floating dock,
at my property located at 230 Seacrest Dr., Wrightsville Beach, NC 28480
in New Hanovercounty.
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 Information:
Signature
Print or Type Name
Title
I � �
Date
This certification is valid through 01 /21 /2023
RECEIVED
FEB 0 8 2022
DCPA Wl i!%1C-TON. f
RECEIVED
FEB 25 2022
DCM-MHD CITY

DAMEY ;
Resource Group
February 7, 2022
BERNARD J. MORRIS JR. AND JILL A. PAINTER
228 SEACREST DR.
WRIGHTSVILLE BEACH, NC 28480
To Whom It May Concern:
Erik L. Kenyon is applying for a CAMA Major Permit for development activities on his property located
at 230 Seacrest Dr., New Hanover County, North Carolina. The specifics of the proposed work are shown
in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development to give you the opportunity to comment on the project. Please review the attached
permit application and drawings. Appendix B of the application may be delivered upon request. Should
you have any objections to this proposal, please send your written comments within 30 days of your
receipt of this notice to:
Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
[e-mail].
Sincerely,
F� M I I M. Al
Mark Westendorff
Davey Resource Group
Enclosures
RECI_IV_,-7:J
FEB 0 8 2022
Daveyresourcegroup.com/Carolinas• Phone:[phone] • Fair:910.452.0060 RECEIVED
J603 Wrlght3vllk Arc.. SYltc IJ, Wilmington, NC Z9403
FE-P 2 5 2022
DCM-MHD CITY

DAVEY.,
Resource Group
January 21, 2022
JOHN K. HUMPHREY
232 SEACREST DR.
WRIGHTSVILLE BEACH, NC 28480
To Whom It May Concern:
Erik L. Kenyon is applying for a CAMA Major Permit for development activity on his property located at
230 Seacrest Dr., New Hanover County, North Carolina. The specifics of the proposed work are shown
in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of
the development to give you the opportunity to comment on the project. Please review the attached
permit application and drawings. Appendix B of the application may be delivered upon request. Should
you have any objections to this proposal, please send your written comments within 30 days of your
receipt of this notice to:
Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
[e-mail]
Sincerely,
Mark Westendorff
Davey Resource Group
Enclosures
RECEIVED
FEB 0 8 2022
Daveyresourcegroup.com/Carolinas • Phone: [phone] • Fax: [phone]
3805 Wrlghtsvilk Ave., Suite 15, Wilmington, NC 28403 RECEIVED
--c9 25 2022
DCIVI-MHD CITY

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N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL RETURN REC T_RR LIESTFD-or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: ERIK L KENYON
Address of Property 230 SEACREST DR- WRIGHTSVILLE BEACH, NC 28480
Mailing Address of Owner.
23n SEACREST DR., WRIGHTSVILLE BEACH, NC 28480
Owner's email: erikken aocorn owne, s Phone#. [phone]
Yon@Yho.
_
Agent's Name: Mark Westendorff
Agents Email: twestendortf@Imgroup net
Agent Phone# [phone]
ADJACENT RIPARIAN PROPERTY OWNERS 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 meter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
you have objections to what is being proposed, you must notify the N.C. Division of Co
ff asta l
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive OM 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
Cerfified 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 nprap revetments)- (If you wish to waive the setback, you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Sign a of Adjacerrt Riparian perfy U r
-OR-232- 5 Ff}c C�T�2
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner. / p YJLk�
TYPedIP name of ARPO: .J,0fl N m I /
Mailing Address of ARPO: I �Z I � fi�b(f L D�fL Q . ,- 1-'r-/ 4,kj 15 k -
ARPO,swnaiL-6,4y-5SPf1-732 �� sPhorte#: 910-37( a 062
Data: ) f LD1 'waiver Is valid for up to one year from ARPO,s Signature'
Revised May 2021
RECEIVED
FEB 2 5 2022
-.
DCM-MHD CITY

• Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the cans to you.
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or on the front If snare namiae
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SO that we can return the card to you.
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RECEIVED
FEB 2 5 2022
DCM-MHD CITY

4LMG
LAND MANAGRMErNNT GROUP
a Oawt company
I AMCL-1041 A9S7/c- . serving as the Property Manager for Agnes Beane, grant the
Applicant, Erik Kenyon for the 230 Seacrest Drive CAMA Major Permit project, permission to
place approximately 70 cubic yards of dredge spoil on PID: R063OD-002-001-000 and as shown
on the attached Spoil Disposal Area figure.
Signed Date
I;'I--CEIVED
FEB 0 8 2022
www.ingroup.net • Phone: [phone] • Fax: [phone] RECEIVED
3905 Wrightsville Ave., Suite 15, Wilmington, NC 26403
P FB 2 5 2022
DCM-MHD CITY

Book 6333 Page 2517
BK: RB 6333
PG: 2517 - 2619
RECORDED
071170020
03.02.17 PM
a" ANOFU 4 CRE5 LL
ASS T
2020027560
NEW HANOVER COUN
TAMMY THEUSCH BEASLEY
RECL—:,`'.
FEB-O S 20<<
Ic s>:E aa.m
^FAL ESTATE
REGISTER OF DEEDS xTx S&D5300
ELECTRONICALLY RECORDED
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: S UW.00
Parcel Identifier No. R05719-003-0324100 Verified by County on the _ day of . 20_
MaiVBOx to: Eugene B. Davis. Jr P.C.Anomev at Law, 1612 Miliuuv Cutoff Road Suite 301 Wilmington NC 18403
This instrument was prepared by: Eugene B. Davis. Jr- P.C. Atromev at Law. 1612 Mwli=V Cutoff Road Suite 301 W ilmin^am NC
Brief description for the Index: LOT 80, SEC 3, Shore Acres
THIS DEED made this 161h day of July . 2020 , by and between
GRANTOR
230SDWB, LLC a North Carolina lanced liability company
5224 Ginger 11a8
Raleigh, NC 27614
Leillf.IZ/II4a1
Erik L Kenyon and Lola A. Kenyon, Husband and Wife
230 Seacrest Road
Wrightsville Beach, INC 29480
Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g
corporation or partnership.
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 aeuter as required by context.
WITNESSEPH, that the Grantor. for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by
these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, pace] of land or condominium unit
situated in the City of Wrightsville Beach Township. New Hanover County,
North Carohoa and more particularly described as follows:
Being a8 of Lot 80, Extension of Development 63 ShoreAcres, as shown on plat recorded in Book of Maps 7, Page 74, New Hanover
County Registry.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 5908 page 1237
A8 or a potion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor.
A map showing the above described property is recorded in Plat Book 7 page 74
Page I of 2
NC Bar Association Fat No. 3 O 1976. Revised O 1977, 2002. 2013 This standard form has been approved by
Printed by Agreement with the NC Bar Association - 1931 North Carolina Bar Asammuon -NC Bar Form No. 3
submitted electronically by "Eugene B. Davis, Jr. P.C." RECEIVED
In compliance with worth Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.
FEB 2 5 2022
DCM-MHD CITY

Hook 6333 Page 2518
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 tide is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the tide against the lawful
claims of all persons whomsoever, other than the following exceptions:
ad valorem taxes forcurrentand subsequent years; applicable zon'vugand land use ordinances, statutes and regulations; and applicable restrictive
covenants and easements of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as o the day and
��year
rfirst above written. `
23OSDWB. LLC a North Carolina l� liability company %(/) Q X/'Ll.l`^��� Y '+�c/t_�i CA,{gEAL)
Name) Privd y�peName: E1isab th M. Gerics
B� Member
(SEAL)
PrintlType Name & Title: Jeff B. Law Priar/Type Name:
Managing Member g
By: Executive Manager (SEAL)
Printfrype Name & Tide: Print(Type Name:
Print/Type Nate & Title: - -- - Print/Type Name:
State of-CountyorCityofAle"tvAvl
hmdersigoed Notary P/u�blic of o ty r City Hof' and Stain aforesaid, certify that
M 2N Q. l�Q An�.N/ �(, wlrhllitl pasonauy appeared before are this day and acknowledged the due
exec pion of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stump or seal this Jp_ day of
JA 202�2.
ME GAN SEWELL
NOTARY PUBLIC, NORTH CAROLINA
WAKE COUNTY
My Commission Expires: MY CO,tLAMI S� f>tpIRES Notary Public
(Affix Seal)S7 L Notary`s Printed or Typed Name
Stain of - County or City of
1, the undersigned Notary Public of the County or City of
execution of the foregoing instrument for the purposes therein expressed.
20_
My Commission Expires:
(Affix Seal)
and State aforesaid. certify that
personally appeared before me this day and acknowledged the due
Witness my hand and Notarial stamp or seal this _ day of
Notary's Printed or Typed Name
Public
State of North Carolina - County or City of Y1
1, the undersigned Notary Public of ploy -County or City of �_ and State aforesaid, certify that
JeffBj@maa�CC6 VCa n C4 (M pers8 th llycamebeforeethisdayandacknowledgedthat
he i� �cJ of 23OSDNB, U C a Norio Camlma lurtited habiWcorrpany , a North Carolina or
cotporationAimited liability company/general partnership/hinited partnership (strike through the
inapplicable), and that by authority duly given and as the act of such entity, be Ay"PndmedorTyynedNar=
e ore oing instrument in its name on its
behalf as its act and deed. W imess my hand and Notarial stamp or seal, rhis,�
My Conmlission Expires: '1 MEGAN SEWELL Notary Public
(Affix Seal) NOTARY PUBLIC, NORTH CAROLINA
WAKE COUNTY
MY COM 1 1 IRES
s
Page 3of3 =J
NC Bar Associazim Fain No. 3 01976. Revised O 1977, ?A02, 2013 This standard fain aas heed appmved br:
Primped by Agteineat mth the NC Bar Association -1991 N<mh Camlino Bar Assooetioo -
RECEIVED���`
FEB 2 5 2022 DC7.1 WILMINGTON, NC
DCM-MI-ID CITY

Book 6333 Page 2519
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 eacumbrances, and that Granmr will warrant and defend the tide against the lawful
claims of all persons whomsoever, other than the following exceptions:
ad valorem taxes forcunent and subsequentyeats, applicable zoning and land use ordinances, slshlats and regulations; and applicable restrictive
covenants and easements of record.
IN WITNESS WHEREOF, the Grantorhas duly executed the foregoing as of the day and year first above written.
2305DWB, LLC a Nonh Camlma li/n �Iampany (SEAL)
rPriadType Name:
By: 1L
(SEAL)
Priatt Type Name & Tide: Elisabeth M. Genies PrinvType Name:
Member
Print/Type Name & Title: Print(T' pe
Print/Type Name & Title- - - Print/1'ype Name:
State of tabllors- Countyor Cityof tiftl
L the undersigned Notary Public of the County or City of and State aforesaid, certify thin
pers =Uy appealed before me this day and acknowledged dredue
execution of the foregoing instrument for tine purposes therein expressed. Witness my hand and Notarial stamp or seal this kke day of
•� At 1. ,2010— MEGAN SEWELL ,nn I1
NOTARY PUBLIC. NORTH CAROLINA , Y ` _ 1'
WAKE COUNTY , , \ lhJ"`
My Commission Expires: •� -u�i MY COMMtS ON EXPIRES Notary Public
(Affix Seal) L Notary's d or Typed Name
State of - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of
20
My Commission Expires:
(Affix Seal)
Notary's Printed or Typed Name
Public
State of North Caroline - Countyor Cityof
I, the undersigned Notary Public of the County or City of U and State aforesaid, certify that
Elisabeth M. Gerics personally came before toe this day and acknowledged that
he is the Member of _ 230SDWB. LLC a North Carolina United Labilky company , a North Carolina or
corporatimi limited liability company/general partnership/limited partnership (shrike through the
inapplicable), and that by authority duly given and as the act of such entity, —J1e signed the foregoing inSMUMBrit in its time on its
behalf us its act and deed. Witness my band and Notarial stamp or seal, this �,� day of i 2(%I) .
My Commission Expires: kn •\�'UIA orary Public
(Affix Seal) Notary'sP. edorTyped Nam
MEGAN SEWELL
NOTARY PUBLIC, NORTH CAROLINA
WAKE COUNTY
MY CO ISSION EXPIRES
NC Bar Asmciation Faro Na 3 C 1976. Revised O 2013
Cancan by AS1xacat wild the NC Bar Assocratian-1981
RECEIVED
ThhstandadPLE�u L4f y by:
Noah Carolina Bar Assonauoa -Fum No.3
DM9 wll nRECEIVED
FEB 2 5 2022
DCM-MHD CITY

Elks, Katharine B
From: Finch, Greg <[e-mail]>
Sent: Monday, February 21, 2022 10:46 AM
To: Elks, Katharine B
Cc: Westendorff, Thomas
Subject: Re: [External] Re: 230 Seacrest
Follow Up Flag:
Flag Status:
Follow up
Flagged
CAUTION: External email. Do not click links or open attachments unless you verify. send all suspicious email as an attachment to
Hey Katharine,
Water depths are greater than -2' NLW but slip one is close to that and tapers up quickly to the marsh edge so dredging
is needed for that slip to accommodate boats other than shallow draft hulls. In the other slips and dredge footprint, -S'
MLW is proposed to support larger deeper draft boats that require greater depths.
Greg Finch I Section Manager
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 1928 1 M: 910.470.4734
Visit our local office pate
On Mon, Feb 21, 2022 at 9:54 AM Elks, Katharine B <[e-mail]> wrote:
Hi Mark and Greg,
Is there a purpose and need for the dredging that the applicant would like to include in the narrative? The existing
water depths in the proposed slips are all at least -2 NLW.
Thanks,
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
RECEIVED
Department of Environmental Quality F EB 2 5 2022
DCM-MHD CITY

[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
PC.
''Nothing Compares..`
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Westendorff, Thomas <[e-mail]>
Sent: Friday, February 18, 2022 2:14 PM
To: Elks, Katharine B <[e-mail]>
Cc: Finch, Greg <[e-mail]>
Subject: Re: [External] Re: 230 Seacrest
CAUTION: External email. Do not click links or open attachments unless you verity. Send all suspicious email as an attachment to
Report Spam.
I spoke to the applicant today and he does not intend to keep the jet ski platform or the floating boattift. Also, I should
have both green cards soon. One of the notifications had to be sent twice but I checked the tracking this morning and
USPS says it was picked up on the 15th.
RECEIVED
FEB 25 2022
DCM-MHD CITY

Mark Westendorff I Environmental Scientist
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 19311 M: 910.789.0783 1 F: 910.452.0020
DAVEY
Resource Group
On Tue, Feb 15, 2022 at 9:09 AM Elks, Katharine B <katharine.elks@ncdenr.r ov> wrote:
Thank you! I'll check the scale but if they are close it should be ok. Let me know what you hear about the floating
platforms.
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
-!''Nothing GonVwft.
Email correspondence to and from this address is subject to the
3
RECEIVED
F H 2 5 2022
DCM-MHD CITY

North Carolina Public Records Law and may be disclosed to third parties.
From: Westendorff, Thomas <[e-mail]>
Sent: Monday, February 14, 2022 6:20 PM
To: Elks, Katharine B <[e-mail]>
Cc: Finch, Greg <[e-mail]>
Subject: [External] Re: 230 Seacrest
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Spam.
Katharine. I got your email from earlier today. Our old LMG email addresses still work but we have brand transitioned
over to Davey Resource Group. I have called Erik to ask about the floating boat lift and jet ski dock. Probably talk to
him tomorrow about what he wants to do about those. As for the scaling on the plan details, you are correct. I
discovered, rookie autocad mistake, that my Dock Detail and Dredging Details had the wrong scale. I have changed
both to 1:20 now and they are very close when scaling the PDFs. But not exact and I can't figure out why. Something
in the PDF conversion maybe. When I scale dock dimensions out in AutoCAD, they all come out exact but when I print
the two figures out I come up just short on some of the dimensions. A question for Greg tomorrow but I am still going
to send the updated versions anyway. I also turned the dredge spoil disposal dimensions to yellow and increased the
size so they should be more visible now.
Mark Westendorff I Environmental Scientist
Davey Resource Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
P: 910.452.0001 ext. 19311 M: 910.789.0783 1 F: 910.452.0020
Resource Group
RECEIVED
FEB 25 2022
DCM-MHD CITY

On Mon, Feb 14, 2022 at 4:10 PM Elks, Katharine 8 <[e-mail]> wrote:
Hi Mark,
I see some of the LMG emails had moved to the Davey extension so I added both ... If you didn't get my questions
below earlier about 230 Seacrest apologies.
I noticed one other potential issue —The plans don't appear to be to scale. The scale bar at the bottom seems correct
but the measurements called out on the plans aren't matching and I'm using the plans that were delivered to the
office. Would you take a look and see if I'm missing something?
Thanks!
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
�"Nottting compares,-,,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

From: Elks, Katharine B
Sent: Monday, February 14, 2022 10:26 AM
To: Thomas Westendorff <twestendorff(@Imgroup.net>
Subject: 230 Seacrest
Hi Mark,
A few questions on this one. Could you add the dimensions of the Agnes Beane disposal site? The map shows the
footprint on the disposal island but no dimensions. Also- the floating boatlift and 2 jetski platforms would need to be
factored into the platform square feet if they intend to keep them.
Thanks,
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
-' NothMg C w"res.-,..-
RECEIVED
F -_3 2 5 2922
DCM-MHD CITY

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: M0#f7 Gkz-wh CI
Fee: $ %-ov # gtl-o*
CDAITS _ MHC cc
ApplicanY1'L
Agent(Contractor. ,/ _
Y wu C�
WaP.t.-�
Site Cou
tinVh-
_Nan: K-0_4�wi� Ikr
Mrita
me: AV�d
''t 6*k
Initial date of applicatio submittal:
11 12oa�
Date appliption'mcelvedas complete' in the Field office: a.
n
Dredge
SITE DESCRIPTION/PERMIT INFORMATION
ORW: ❑Yes ®No 1:: ❑Yes o
Photos Taken: Yes No❑
Setback Required (riparian): ( Yes ❑No
Habitat
Critical Habitat: ❑Yes o ❑Not Sure
15 foot waiver obtained: ❑Yes No
Hazard Notification Returned:
❑Yes 9No
SAV: No ❑Not Sure
Shell Bottom: ❑Yes o ❑ Nat
Temporary Impacts: ❑Yes ❑No
Sure
Sandbags: ❑Yes No Not Sure
Did the land use classification come
from county LUP: [D]Yes V5No1Dj%6
Mitigation jRequired (optional):
❑Yes t9fNo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
14Yes ❑No ❑NA
❑Yes ONOLANA
-tf i
FT.
rS;hellfish nation:
Project Description: (code)
Development Area: (code)
Closed
1P
19* N I I' 01 /+r t/
OA r en CLA8SIFIGATION —OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW)
0.1 Sae.^•r
❑ (404) Corp. of Engineers(Jurisdictional
wetlands)
(LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cwrdgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
(DS) Soft or spike grass (Distichlis
spicata)
❑ (SC) Bullrush or three square (Scirpus
❑ (T ) Cattail (Typha sp.)
sP)
(JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartina
roemerianus)
patens)
nr FUCAI iGN 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 CA MA 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 -
II. Public or commercial/no dredge
$100
and/or fin - $400RFCEI
VED
❑ I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or oomm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
FEB 2 5 2022
DCM-MHD CITY

Applicant: -e4'VG y� F—
Date: --�Lj 2- ,
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
"
'
Maint ❑
CFY ❑ N
t,/
New Work
Replace
E L
,
Maint ❑
❑ Y IY N
g
S
New Work Cr
Maint ❑
Replace
❑ Y RN
New Work
Replace
r
S
'
Maint ❑
❑ Y C% N
3
C
New Work [�
Replace
e
9
C r
f 9
I
Maint ❑
❑ Y EON
New Work [
Replace
r
Maint ❑
❑ Y [YN
y
New Work
Maint ❑
Replace
❑ Y IN
3 S
New Work U
Replace
Maint ❑
1 ❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
lem im acts
im act amount
tamp impacts
amount
-pyp
Dredge Fill ❑ Both ❑ Other ❑�p5
N'C,
Dredge ❑ Fill Both ❑ Other ❑
S 3�1/�1t�
f' s D 36
Dredge ❑ Fill ❑ Both ❑ Other
300
00 .F}2'
W
Dredge ❑ Fill ❑ Both ❑ Other Y
p,<y+-t
1
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
FEB 2 5 2022
DGM-MHD CITY
919-733-2293 :: 1-888-4RCOA3T :: www.nccoastalmanagement.not revised: 02'25i18

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Received
Deposited
Permit Holder
Erik Kenyon
Number
amount
Number/Comments
Rat• >r
2/15/2022
Davey Resource
united
2405
$400.00
Major fee, 230 Seacrest Dr., WB
KE
Group Inc
bank
NHCo SPLIT 60/40
rct.
16589
00
G
n
T
m
W
M
n
_
n
C'2
N
o
N
N
m
m
o
_

Major Permit Fee Schedule
Project Name: 1� t�y� AU(,v_il County: New Tf41'U //-check No & Amount:
->+QS 4400
Development Type
Fee
DCM %
DWQ %
(14300160143610009316266253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
$250
100% ($250 )
0% ($0)
open water areasr
IL Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to i acre
Of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, noncommercial
development, I General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
;;'% (S1)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
review and written DWQ concurrence is
60% ($240)
q0•;-� �g^B0,
needed because of concems related to
water quality or aquatic life:
II I(D). If General Water Quality
Certification No. 4175 cannot be applied:
$400
60% ($240)
M Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
of wetlands and/or open water areas:
RECEIVED
FFB 2 5 ZRZ
!)CM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 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. luckaNCDENR.gov
SUBJECT: CAMAID&F
Applicant: Erik Kenyon
Project Location: 230 Seacrest Dr, adj. to Molts Channel, Wrightsville Beach, New Hanover County
Proposed Project: The applicant proposes to remove the existing pier and docking facility and
replace it in a new configuration to accommodate five (5) boat slips. The
applicant also proposes to perform new excavation to -5 NLW under the
proposed 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 23, 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.
PRINT NAM
AGENCY
SIGNATURE
DATE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
RECEIVED
FEB 25 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wiknington, North Carolina 28405
��� 910.7%.7215

Su0te Tax Parcel BwnEary....w
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Pr.WmNJ Dr ,
^
S"I D,WMd Area
N
o m
n
N
N
NOTES.
,. NOT R SMRY D OR ENGINEEREO DRAWNG. FOR ENVIRONMENTAL PERMRTING ONLY
1. 20,E PARCELS FROM NC ONEMM.
3. TM PARCELS FROM NNC GIS
Fw 1 a,'oar
0
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Legend
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Taxparcels J Waterbody Width —
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1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY
2. 2020 AERIAL AND TAX PARCELS FROM NC ONEMAP.
3. LENGTH OF SHORELINE AT NHW IS 82'. NHW VERIFIED BY DCM STAFF ON 818I2021.
4. SUBJECT TAX PARCEL BELOW NHW NOT SHOWN.
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Legend
Subject Tax Parcel BoundaryINI N I I Outer Edge of Marsh
Taxparcels
Approx. NHW -------
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0 10 20 40
7
i
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Proposed 4' x 6'
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i
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Floating Dock
Centerline of
Channel
RECEIVED
=FR 14 2022
DCM VVILMINGTONI, NC
NOTES:
1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY
2. 2018 PARCELS FROM NC ONEMAP.
3. SUBJECT TAX PARCEL BELOW NHW NOT SHOWN.
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Legend
Subject Tax Parcel BoundaryI IIIiJ Outer Edge of Marsh
Taxparcels Maintenance Dredging
Approx. NHW _ _ Footprint
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15' Riparian Setback -- -- -
0 10 20 40
7
1
Tax Parcel Boundary
I /
I
I
Proposed 6' x 65'
Fixed Pier
Outer Edge of Marsh
Proposed 8' x 34'
Floating Dock
Water Depth Transects
and Locations
RECEiVEU
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li pnirJ^7QN, NC
NOTES:
1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY
2. 2015 PARCELS FROM NC ONEMAP.
3. SUBJECT TAX PARCEL BELOW NHW NOT SHOWN.
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CAS WILMINGTON, NC
Legend
Subject Tax Parcel Boundary@111111 Outer Edge of Marsh
Taxparcels Maintenance Dredging
Approx. NHW Footprint
Pierhead Line
Pierhead Li
Edge of Marsh
0
Q LID
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Edge of Marsh '01-�roposed Dredge Boundary
Pilings per Contractor Approximate Existing Grade
(Size, Spacing, Depth)
0+120 01130 040 0+150 0+6 0+h0 0
NOTES:
1. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
2. 21318 PARCELS FROM NC ONEMAP.
3. SUBJECT TAX PARCEL BELOW NHW NOT SHOWN.
ti
5 10 \ \ 20
r
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I 8
6
I
-----------
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___________________________
Proposed Maintenance Dredge
Area extends to -5' at time
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0

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

October 21, 2022
Regulatory Division

Action ID No. SAW 2022-00495

Erik Kenyon
230 Seacrest Drive
Wrightsville Beach, NC 28480

Dear Mr. Kenyon:

Reference your application for a Department of the Army permit to remove the existing
pier and docking facility and replace it in a new configuration to accommodate up to five (5)
boat slips. The proposal also is to perform new excavation to -5 Mean Low Water Level (MLWL) under
the proposed slips. The site is located in a man-made channel connected to Motts Channel at 230
Seacrest Drive, Wrightsville Beach, New Hanover County, NC.

The new docking facility will include a 65 feet by 6 feet access pier with an 8 feet by 8 feet
L-head platform located on the southwest side of the pier. An access ramp will be positioned at
the terminal end of the pier to a small 4 feet by 6 feet floating landing connected to a larger U-
shaped floating dock. The spine of the U-shaped float will measure 8 feet wide by 34 feet in
length with the landward finger pier measuring 4 feet by 20 feet and the waterward finger
measuring 4 feet by 32 feet. The U-shaped float will be positioned with the finger piers parallel
to the shoreline and the opening toward Motts Channel. The proposed dredging will measure
approximately 49 feet by 35 feet wide (1,715 ft2) to a depth of -5 Mean Low Water Level
(MLWL).

A permission letter is included in the application to place the dredge spoil on the high
ground of the Agnes Beane property, on DA-248, outside of the USACE right-of-way a
minimum of 3 feet away from high water. The proposed dredge footprint will be located a
minimum of 10 feet away from any coastal wetlands and will be positioned beneath the U-
shaped floating dock. The new private docking facility will expand the slip count from 3 to 5
boat slips and will cover and shade approximately 658 square feet of open water and
approximately 300 square feet of coastal wetlands. The new dredging of the boat basin will
impact approximately 1,715 square feet of shallow bottom producing an estimated 70 cubic
yards of material that will be disposed of on high ground.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
-2-

approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.

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

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

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

Enclosures:

Plans
Manatee Guidelines
GP 291 conditions

Copies Furnished by Email (with enclosures):

NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Ms. Amanda Cannon
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram
Davey Resource Group; Mr. Greg Finch

-2-

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, dated February 7, 2021, October 26, 2021 and February 7, 2022, which
are a part of this permit. Any modification to these plans must be approved by the US
Army Corps of Engineers (USACE) prior to implementation.

2. Except as authorized by this permit or any USACE approved modification to this permit,
no dredge, fill, or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project within waters outside the designated permitted
boundary. This permit does not authorize temporary placement or double handling of
excavated or fill material within waters outside the permitted area.

3. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects
of work associated with this project. All dredged material must be deposited on high
ground.

4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous waste,
the permittee shall immediately report it to the N.C. Division of Water Resources at (919)
733-5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act will be followed.

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

6. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973.

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

-3-

NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less
in trout waters, are not considered significant.

8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
permittee 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.

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

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

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

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

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

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