61-22 Spainhour, Rebecca & Larry

Permit Class Permit Number
NEW 61-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vern't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Rebecca and Larrv'Spainhour, 9285 Peakwood Dr. SW, Calabash, NC 28467
Authorizing development in Brunswick County at adi. to AIWW. at 9285 Peakwood Dr. SW in
Calabash as requested in the permittee's application dated 1/21/22 (MP-
1 MP-4) including work plan drawings (3) Sheets 1-3 of 3, dated 2/16/22.
This permit, issued on June 1, 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
)f these terms may be subject to tines, imprisonment or civil action; or may cause me permit to oe nuu ana voto.
Docking Facility Extension
This permit authorizes only the pier extension, relocation of two boatlifts, second gazebo, and other
structures and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part
of this docking facility without permit modification. No non -water dependent uses of structures shall
be conducted on, in or over Public Trust waters without permit modification.
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 2 formalized boat slips.
(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

Rebecca and Larry Spainhour Permit No. 61-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the
federally maintained AIWW channel.
4) No portion of the authorized docking facility, including tie piles, shall extend more than one third of the
width of the water body. Measurements to determine width of the water body shall be made from the
normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive.
5) The authorized second gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
6) The roof of the second gazebo shall not be designed for second story use.
7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
8) The authorized structures and associated activities shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
9) 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.
10) 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
11) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
Sedimentation and Erosion Control
12) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
13) 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.

Rebecca and Larry Spainhour
Permit No. 61-22
Page 3 of 3
ADDITIONAL CONDITIONS
General
14) 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.
15) 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.
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20031062v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

DCM Coordinator: 1/1�ac,
Permit #• �2 Z
MAILING DISTRIBUTION SHEET
Agents: �3 2 (n
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
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: Maria Dunn (WARD)' (NCDOT) Travis Wilson
Natural Heritage Program Rodney Butler
LPO:

Application Review Checklist
Letter A �
75 -1'3`
Applicant
�jGq �`asca-,l 5.�..�
ha�,,�
Placard Comment
Pub A •'Comment
2.
- 2
^�
Computer I
A
Agent
Deficiency Letter?
DWR ACK Date
2 DWR Statements
Physical Address
1 D S 'F V,,Q
, �W
�1 1 4 A 1 '
�[Jt W �i 1 ✓l �� Field Rep.
VM,
^W
AECs
�p�
f I�C'f C w
Habitat C^ L
Designations --T1� 1 l-IU�D
Development
Buffer
Signed ?
Obj
Waive 15'
Fee Schedule
4 250
Riparian Notification?
Green Card? For
Water
Dependent
,A /
L YV401iyk
V
/�
/
V
Deed?
Raparian rights
PH or
From Property line
1/4 width?
Nav/Channel Proximity
Residential Commercial
FT'calculations 8ft2or 27ft' N/A
ISSUES OF NOTE I
l3 / VJW sek6CL �'q%-A_ .
LA IN L-w
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6 —5 ' New
5>1,1eC Fng1"—z ( W-1k,3 VOC4-v- C3"Iiisl�)

Major Development
Excavation/Fill
Applicant
Address
County
Physical Location including
Waterbody Description
MP Forms
Dates
Drawings
Permit Checklist
Permit #
MPl
MP2
MP3
MP4
MP5
IzI
I
I
I 2)d
Z/wzI I 2IW,z1 /L 61?2-
# Drawings & Dates 3 ^�{S
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Fee
USACE SAW #
Additional Comments On Back

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Location Map: 9285 Peakwood Dr. SW Calabash (Bflnswick)
Spainhour Docking Facility
RECEIVED
FEB 25 2022
DCM-MHD CITY

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner:
Address of Property:
Larry Spainhour
9285 Peakwood Dr. SW Calabash, NC 28467
Mailing Address of Owner:
9285 Peakwood Dr. SW Calabash, NC 28467
Owner's email: [e-mail] Owner's Phone#: [phone]
Agent's Name: Ben Brink (CPG, LLC) Agent Phone#: [phone]
Agent's Email: [e-mail]
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawingwith dimensions must be Provided with this letter.
X I DO NOT have, objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division or coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection If you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 16 setback
Signature of Adjacent Riparian Property Owner F-100
I do not wish to waive the 15' setback requirement (initial the blank)
Signaiure of Adjacent. Riparian Properly Ownn?�-Y✓Y
Typed/Printed name of ARPO: Starsh ore ews LLC (John Kindt)
Mailing Address of ARPO: 12837 Riverdance Dr. Raleigh, NC 27613
ARPO's email: [e-mail] ARPO's Phone#: 91 M27=2947
Date: 2-10-22
'waiver is valid for up to one year from ARPO's Signature'
Revised'49bVED
FEB 2 5 2022
DCM-MHD CITY

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RECEI SEE
FEB 2 5 2022
DCM-MHD CITY

EtECE��ED
Lot(https://www.noaa.gov/) TIt�FNTS FEQ 1 2022
K •,,r,)GTON, NC
Home (I) I Products (products.html) / Water Levels (stations.html?type=Water+Levels) / 8661070 Springmaid Pier, SC
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Station Info TidesNyater Levels Meteorological Obs. (ImethimPid=8661070) Phys. Oceanography (Iphysooean.html?id=8661070)
NOAA/NOS/CO-0PS
observed Water Levels at 8661070. Sprirgmaid Pier SC
From 2022/01/27 00:00 LST to 2022/0V27 23:59 LST
8.0
6.0 r
J
f 4.0
m
m
c_
2.0
L
m ThursdaY.Hn 27 2022, 09:001$r
Predictions: 0.202ft.
2
o.o
Verified: 1.5249t.
00:00 02,00 04:00
1/27 1/27 1127
Options for
8661070 Sprints maid Pier. SC
From
Jan V
V 2022
To:
Jan v
v 2022 P1
J
Units
Stand; V
Timezone
LST %V
Datum (datum_options.html)
MLLW V
Shift dates
Back 1 Day
Forward 1 Day
Interval
6 min 1 hr
H/L Day
Month
06:00 08:00 10:00 12:00
1127 1127 1/27 1/27
— Predictions — Verified — Preliminary
NOM/NOS/Center fa
14.00 16.00 18.
1127 1/27 112
RECEIVED
E ED 2 5 2022
DCM-MHD CITY

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FED 1 � 1�22
pCM�11.M1, lCa�Ot�1' hC
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

Spainhour Docking Facility (Supplemental Photos)
FE515 2022
WILMINGTON, NC
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

Spainhour Docking Facility (Supplemental Photos)
RECEIVED
FEB 25 2022
DCM-MHD CITY

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Page 1 of 3
Top View Drawing
Existing Structures N
2/16/2022 14
Scale Approx. 1" : 20'
Spainhour Docking Facility
AI W W W reWidth:
Shoreline:
125'
*Approx RIC (see attached survey)
Depths@NLW]/2712022 USACE Setback
....................................................................................................................................
-3.98' @ NLW Newest Docking
Facility>lV
Nest Docking
Facility>75'
Existing Uncovered Platform (4' x 14)
• • • •
Existing Boat Lift Existing Boat Lift
(JTx 12) 4l e2 (12'x 12)
• • -0.48' Q NLW
Existing Roof Dripline Dimensions (10.5' x 18.5')
partially ova(12' x 14) Platform
Existing Fish Cleaning Coastal Wetlands to
Station (2.5' x 7.5)
end of existing
docking facility: 157'
Existing Pier (5' x 572)
10 -rl I t r COASTAL WETLAND COASTAL WETLAND
' n 9271 Peekwood Dr. SW PIL Upland - P/L
t� fn (Newlin) 9285 Peakwood Dr. SW
T C (Spainhour)
J� CJ� JC
N rn I O
O
t / N
9289 Peakwood Dr. SW
(Kinds)

Page 2 of 3
Top View Drawing
Proposed Structures
2/16/2022
Scale Approx. 1" : 20'
Spainhour Docking Facility
AIWW
*Approx. RIC (see attached survey)
N
14
Waterbody Width:' 600'
Shoreline: 125'
Depths@NLWI/2712011
USACE Setback
Proposed Uncovered Ptatfnrm (4'x Id')
-3.98' P NLW
Nearest Docking
Proposed Boat
lift(13'x 139 \
Propoud Boat
Facility>180,
NI
�—
#2 Lilt ([3'x 137
—
1
Nearest Cocking /
0
Facility>75'
3.98' (9 NLW
Proposed Roof DrtplNe Dimensions (11'x 19
pardaUy over (12' x 149 Platform
Proposed Fish Cleaning
Station (1.5'x 7.5)
Proposed Pier (6' x 31)
A
6 J
m
_
Cr
IV
m_
Z
m
Existing Roof Dripline Dimensions (10.5 x 18S')
partially ova (17 x 14)Platform
9271 Peakwood Dr. SW
(Newlin)
Existing Fish Cleaning
Station (2.5' x 7.51
COASTAL WETLAND
Q NLW
Coastal Wetlands to
end of existing
docking facility: 200'
Existing Pier (5' x 572)
COASTAL WETLAND
Upland
9285 Peakwood Dr. SW
(Spainhooe)
P/L
9289 Peakwood or, SW
(Kin&)

Page 3 of 3
Cross Sectional
Proposed Structures
2/16/2022
Scale: NTS
Spainhour Docking Facility
AI VV VV
Proposed Uncovered
Platform (4'x 14
N\
y
IZO
Proposed Roof Dripline
Dimensions (11' x 19 ) partially
over (12' x 14 j Platform
' �Prouosed 6' x 31 ' Pier
Coastal
NHW y Wetlands
NLW.............................. ---- --------------� ---•- ---••---- --------
[INLW M
Proposed
Boat Lift
(13'x 139 Existing Docking Facility Cross
Section -- moving 43' waterward
RECEIVED
F EB 25 2022
DCM_MHD CITY

I
N
U
Lu N
W
Jf
W
S Dainhhour Dock Expansion y
NOAA/NOS/CO.OPS WiRO Ima e 1 of
Observed Water Levels at 6661070, Springmaid Pier S
From 2022/02115 00:00 LST to 2022/02/17 23:59 LST reliminary tidal data at time of DCM site
visit, Water depths taken at 2:06pm on
2 15 2 15 2 IS 216 2 16 2 16 2 17 2 17 2 17
Predictions — Verified — Preliminary
Options for
8661070 Springmaid Pier, SC
Units
Standard
Shift dates
N Back 1 Day
N Forward 1 Day
2.
0.0

0
o
v
W
N
O
7
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RETAUILrthka 67 AL
TOTALn REV_TC#_j
RECP_CBAMT&LJ CKS 7
CASH— REF_By_:�_
Rnuearick Ocmty--Re�icter of Deeds
Robert J. Robinson
Iast 1257960 Book 21315 gee 863
03/31/2005 02:18:21W Reel Z2t2g5.D
COIL Cab Mn PCL a 6PL
—1 a
t v srx.l ri
Prepared bv: JEFFCOAT, PIKE t-NAPPIER, LLG
10150 Beach Drive, SW, Unit 1, Calabasb, NC 29467
BriefItmeriptlon for the Index: SR FIRSTTCT B 0-8M AC
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK COUNTY NVARRAN-rY DEED
THIS DEED made this 29e` day of March, 2005, by and between LARRY S.
SPAINHOUR, GRANTOR, and REBECCA K. SPAINHOUR, GRANTEE, %bon
Permanent mailing address is 9285 Pec"vod Drive, Calabash, NC 28467.
The designation GRANTOR and GRANTEE as tried herein shall include said
parries, their heits, successors, and assigns, and shall include singular, plural, masculine,
feminine orneuter as required by context.
WITNESSETH:
The GRANTOR, for a goad and valuable consideration paid by the GRA.'\TEE,
The receipt of which is hereby acknowledge$ has and by these presents does vparn
bargain sell and convey mtto The GRANTEE in in simple, all dut certain lot or parcel
of land situated in SmithvilicTownship, Bramwick County, North Carolina and more
particularly described as follows:
FIRST TRACT: BEING all of Tract B containing 0.884 acres, more
or less, as more particularly described in a survey plat dated April 6,
1992 by Jan K. Dale, RLS and recorded in Map Cabinet A, Page 14,
Brunswick Registry.
SECOND TRACT: There is also conveyed 0 right-of-way for
purposes of ingrest and egress over and upon ]hose certain deeds of
casement recorded in Book 526, Page 1 and Book 716, Page 343,
Brunswick Registry.
This conveyance also ladodts any and all marital interest of the Grantor's
nr the spouse ofRebccea IL Spainhour in the property described above.
The property hereinabove dewribcd was acquired by GRANTOR in instrument
recorded in Book 1274 Page 588, a map showing the above -described property is
recorded in Map Cabinet X. Page 14.
TO HAVE AND TO ]TOLD the aforesaid lot or parcel of land and all privileges
and appurtenances thereto belonging to the GRANTEE in fee simple.

�teoe%Njf-'D
va 15 vil
Inst • 257968 ]look 2115Page: 884 �,�M�NGjGN 11G
And the GRANTOR covenants witb the GRANTEE, that GRANTOR is seized 00
The premises in fee simple, has the right to convey the same in fee simple, that title is
marketable and free and clear of all encumbrances, and that GRANTOR nil] wartant and
defend the title against the lawful claims of all persons whomsoever except for the
exceptions heminalla stated.
Title to the propeny hereinabove described is subject to the following exceptions:
2005 Ad Valorem Property Tax
All governmental and land use regulations.
IN WITNESS WHEREOF, the GRAA70R bus hereunto set his hand and seal,
or if corporate, has caused this instrument to be signed in its corporate name by its duly
authorized officers and its seal to be hereunto affixed by authority of its Board of
Directors, the day and year first above written
4(SEAL)
L
STATE: NORTH CAROLINA
COUNTY: BRUNSWICK
I. Otin Alto,. Jeffcoat. ITT a Notary Public of the County and State
aforesaid, certify that LARRY S. SPAINHOUR, personally 'pJMqbcfbrc me this day
and acknowledged the execution of the foregoing ' 1Yi ess my hand and
emo , fMareh, 2005.
1Y lSnyd9u�d
r t (No blic)
y commission expires: r 2 b a
STATE OFNORTH CAROLINA
COUNTY OF BRUNSWICK OTIS ALLEN JEFFCOnT III
ThePorcgoing (or onneatn) Cenificatc(s) of
Notaq•(im) Public is (arc) Cenificti to be Correct. 31 st
This Instrument suns filed for Registradon on this Day of March 2005
in the Boot and page shown on the first Page hereof r '
iCe i F1��+�d"�. i�VF
RO E J. RO I S N. Regnte��
vtEGE\VE®
Vt8 25 vll
®GM MNo c\"

Permit Class
NEW
Permit Number
130-03
STATE OF NORTH CAROLINA
Department of Environment and Natural Resourcestt:-GtivEG
and 4 2022
Coastal Resources Commission 1
ermit
y ;I
for i x•�-7 4 , ,,. �;
X Major Development in an Area of EnvirgAmentalEnnceh CO3 '! +'
pursuant to NCGS 113A-118 -
Excavation and/or filling pursuant to NCGS 113-229
Issued to Larry SDainhour. 9285 Peakwood Drive. Calabash. NC 28467
Authorizing development in Brunswick County at ate. AIWW, at 9285 Peakwood Dr..
Calabash (E'TJ) as requested in the permittee's application dated 6/18/03. including
attached workman drawings (1). dated revised 8/8/03.
This permit, issued on September 19. 2003 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the pier, covered platform, boathouse and floating dock located in or over
the water that are expressly and specifically set forth in the permit application and depicted on the
attached workplan drawing. No other structure, whether floating or stationary, may become a
permanent part of this docking facility without permit modification. No non -water dependent uses of
structures may be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2006
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 DENR and the
Chairman of the Coastal Resources Commission.
onna D. Moffitt, Director
Of Division of Coastal Management
This permit and its conditions are hereby accepte 1\ J f p
w6 VG
!.`3 ti 5 2022

Larry Spainhour Permit #130-03
Page 2 of 3 -
ADDITIONAL CONDITIONS
3) The pier, boathouse and associated structures shall have a minimum setback distance of 15 feet between
any parts of the structure and the adjagentpropeity owner's riparian access corridor.
4) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward
5) -The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
6) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and must be permeable to air and water. Screcu or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
7) The roof of the covered platform shall not be designed for second story use.
8) 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' Use of the permitted activity must not interfere with the
public's right to free. navigation on all 'navigable waters of the United States.
9) The authorized structure and associated activity must not cause an unacceptable interference with
navigation.'
10) The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party. -
11) This permit. does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused -from existing or future oPerations undertaken by the, States in the public
interest.
12) The permittee must 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.
13) The docking facility shall be designed to accommodate no more than 2 vessels. At no time shall more
than 2 vessels be moored or docked at the facility. The restriction of the number of vessels shall apply
to all marine vessel types, including but not limited to motorboats, sailing vessels and personal
watercraft.
I
NOTE: The pennittee-b cautioned that this permit does not authorize the placement of tie piles in
as`86a4ion�tM e docking facility. Furthermore; due to the proximity of the AiWW, boats
utthzing IW
the d?clang facility, will be subject to frequent wavewash from passing vessels. The
issuance�of this�p� it does not relieve the permittee from taking all proper steps to ensure the
`w?lmegr�lrq'bf their tore and the safety of moored boats. The permittee shall not hold the State
JY•
ofloxth Carolina or the United States liable for any damage to the structure or moored Ef
251�
FEB
.............. --- ----
VC,O FWD

Larry Spainhour
ADDITIONAL COMMONS
General
Permit #130-03
Page 3 of 3
14) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or. excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
15) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
NOTE: This permit does not authorize the proposed drainfield and proposed drive depicted on the
attached workplan drawing.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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 normal high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
project initiation.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
031062.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
197800056 (COE Action Id. No. 200301194) which was issued on 9110/03.
CENED
_ � cg 2 5 2022

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.luck(a)NCDEN R.gov
SUBJECT: CAMA
Applicant: Rebecca & Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, adi. to the AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock 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 NAME
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 7n'2
DCM_MHD CITY
D_E QJ� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
NoaTMcu+ourw
wm.na ro�+a 910.796.7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: /l YVV\)
Fee: $�61) #Zp3
CDAITS _ MHC cc
Applicant: C- f �C.GCfi C. n0./✓
Agent/Conlractor. ^ (.n,tt— 7
Project Site County: f4f
/uJ4
District: Wilmington
Project Name: nh 6J Y P rr ' f <wSr c n
Rover File: Wa
R ver Basin: .µ lyi�
Initial date of application submittal: 2" 2 022.
Date application "received as complete" in the Field office:
Permit Authorization: CAMA ❑ Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes No PNA: es ❑No
Photos Taken: Yes ❑ N
Setback Required (riparian): ❑Yes No
Critical Habitat ❑Yes o Not Sure
15 foot waiver obtained: 1Yes ONO
Hazard —Notification Returned:
❑Yes 61No
SAV: ❑Yes No ❑Nat Sure
Shell Bottom: ❑Yes o ❑ Not
Temporary Impacts:as ❑No
Sure
Sandbags: ❑Yes 1XNo ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: es ❑No
❑Yes No
Moratorium Conditions:
Environmental Agsessment Done:
Le nyth of Shoreline:
❑Yes o ❑NA
❑Yes �lo ❑NA
1 Z S FT.
Shellfish Are2esignan:
Project Dn: (code)
Development Af%`, (code)
Open -
SECOND RY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
❑ Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
I A High Quality Waters (HQW)
I ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides) '
❑ (DS) Salt or spike grass (Disbchlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
LJ (JR) Black needlerush (Juncus
❑ (Sp) Salt/meadow grass (Spartina
roemedanus)
patens)
N
APPLICATION FEE
No fee required - $0.00
❑ I II(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Pnv. public or oomm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Express Permit - $2000
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
acre; 4144 can be applied - $400
❑ Major development extension request -
El 11_ Public or commemial/no dredge
RE GEIVhU
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or Comm w /D&F to 1
5
acre; 4144 can be applied; DCM needs
FEB 2 2022
DWQ agreement - $400
DCM-MHD U i Y

ApplicantUL"�"'`�
Date:
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 ❑
❑ Y %N
n
Neer Work
Replace
r
Maint P0
joy ❑N
New Work ®
Replace
f r
6/ K�
Maint ❑
❑ Y EON
DT_
0.2cJ�
New W
Mai ❑d
-Replace
❑Y [ON
7(rx/^r
7
ar
J�h
(
New Work Fa
Maint ❑
Replace
ElY 19 N
2, S r Sr
Le(
New Work -El —Replace
Maint ❑
❑ Y ❑ N
Nw-Work=
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
item impacts)
impact amount
tem im ads)
amount
III 0 Vj
Dredge ❑ Fill ❑ Both ❑ Other n
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
FEB 2 5 2022
DON.4-AMD r!ry
919.733-2293 :: 1-888-4RCOAST :: www.nccoastalmanaoemsnt.net revised: 02/28118

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
BBaT
Number
203
amount
$250.00
Number/Comments
Major Fee, 9285 Peakwood Dr SW,
BB rct.
2/24/2022
Larry Spainhour
same
Calabash, BrCo NO Split
16996
M
�
n
_
o
o
m
<
t J
N
0

Major Permit Fee Schedule
Project Name: �q"(i10 ,�! 00�-3
County (�/� �lti Check No & Amount:
sf 2s0 J ad —
Development Type
Fee
DCM %
DWQ %
3001 0143510009316256253)
(2430016024351000952341)
I. Private, non-commercial tlevelopment
that does not involve the filling or
excavation of any wetlands or
250
100%($250)
0%($ 0 )
open water areas.
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine ifA,B, C, or D below applies.
III(A). Private, non-commercial
development, if General Water Quality
52�0
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
i
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% $240
( )
40%
review and written DWQ concurrence is
($160)
needed because of concems related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied:
3100
60% $240
( )
40% ($160)
IV. Development that involves the filling
'
and/or excavation of more than one acre
S475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
FEB 2 5 2022
>. DCM-MHD CITY

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Rebecca and Larry Spainhour
PROJECT NAME: Spainhour Docking Facility Extension
2. LOCATION OF PROJECT SITE: 9285 Peakwood Dr. SW adjacent to the AIWW in Sunset Beach
(ETJ), Brunswick County
Coordinates: Latitude 33°52'22.36" Longitude W 78°33'06.24"
INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/16/2022
Was Applicant Present —No
5. PROCESSING PROCEDURE: Application Received — 2/14/2022 Application Complete — 2/17/2022
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Sunset Beach (Extraterritorial Jurisdiction)
Land Classification From LUP — AM
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Private Docking Facility — Yes
(D) Intended Use: Residential
(E) Water and Wastewater Treatment: Existing - County Sewer
Planned N/A
(F) Type of Structures: Existing - Single family residence, Two -slip docking facility
Planned - Docking facility extension
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Uplands
N/A
N/A
N/A
(B) Vegetated Wetlands
N/A
N/A
N/A
(C) Open Water
N/A
N/A
470 sq. ft.
(Shaded)
338 sq. ft.
co orated
(D) Total Area Disturbed: 808 sq. ft. (.018 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA; HQW Open: No
8. PROJECT SUMMARY. The applicant proposes to extend an existing 2-slip docking facility to the
newly established pier head line at the Federal Channel Setback to access deeper water along the AIW W in
Sunset Beach.
RECEIVED
FEB 25 2022
DCM-MHD CITY

Spainhour Docking Facility Extension
February 25,2022
Page 2
9. PROJECT DESCRIPTION
The proposed project is located at 9285 Peakwood Drive in Sunset Beach (ETJ), Brunswick County. Existing
structures on the 2-acre parcel including a single-family residence and an existing two -slip docking facility.
Based on DCM records, State Permit 130-03 was issued on 9/19/03 for a two -slip docking facility that included
a boathouse, floating dock, and gazebo. Modifications were made to reconfigure the docking facility into its
current design sometime prior to 2006, according to available satellite imagery, but no permit history can be
located for the modification.
The southeast -facing property is located on a high bluff parcel approximately 19' above normal high water
(NHW) and is vegetated with typical coastal -plain tree species. The property has approximately 125' of
shoreline frontage along the southern edge of the property and is stabilized with natural vegetation. 404-type
wetlands extend upland approximately 5 feet above Coastal Wetlands. Coastal Wetlands consisting primarily of
Smooth Cord Grass (Spartina alternii fora) and patches of Black Needlerush (Juncus romarianus spp) extend
waterward approximately 330' beyond the 404-type wetlands. The width of the waterbody measures
approximately 600' from marsh to marsh in the vicinity of the existing docking facility. DCM staff made a low -
tide site visit on 2/16/2022 and verified approximately -4.0' NLW on the landward side of the proposed docking
facility relocation (WiRO Image 1 of 3, WiRO Image 2 of 3).
The waters of the AIWW are classified SA by the Division of Water Quality and ARE designated as a Primary
Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to extend an existing 2-slip docking facility to the newly established pier head line at the
Federal Channel Setback to access deeper water along the AI W W in Sunset Beach.
The applicant proposes to attach a 6' x 31' access pier to the waterward end of the existing 4' x 14' open
platform. The proposed access pier would continue southeast, terminating at an I F x 19' gazebo. Waterward of
the proposed gazebo, a proposed 4' x 14' open platform would extend to the landward edge of the USACE
Federal Channel Setback (Approximately 200' from edge of marsh, Sheet 2 of 3). The two existing 13' x 13'
boatlifts (Slip 1 & Slip 2) would be relocated from an area of insufficient water (-0.48' NLW, Sheet 1 of 2) to
the cast and west of the proposed 1 P x 19' gazebo (Sheet 2 of 3). According to the applicant, relocating the two
boatlifts approximately 43' waterward of their existing location would provide sufficient water depths for access
throughout the tidal cycle (Approximately -4.0' NLW, Sheet 2 of 3).
The property has approximately 125 linear feet of shoreline and the proposed design appears to remain within
the applicant's area of riparian access; no waivers would be required for the proposed project however the
neighbor to the east did waive the riparian setback. The applicant's design extends waterward of the K width
limit, terminating at both the 1/3 width and the landward edge of the USACE Federal Channel Setback. The
applicant proposes to extend to the pier head line established between 9269 Peakwood Dr. SW (Variance
granted for State Permit 477-20) and 1324 Harbour Watch SW (State Permit # 23-13, WiRO Image 3 of 3). The
applicant states that extending the docking facility to the landward edge of the USACE Federal Channel Setback
would allow him to reach navigable water depths throughout the tidal range and minimize soft -bottom impacts
to the Primary Nursery Area (PNA). Water depths measured by DCM staff in the existing boatlift location
(Approximately 1/4 width ofwaterbody) ranged from -0.5' NLW to -1.0' NLW. Water depths takepoEQOVED
FEB 2 5 ZOZZ
!DCM-MHD CITY

Spainhour Docking Facility Extension
February25, 2022
Page 3
staff at the proposed boatlift location (Approximately 1/3 width of waterbody) ranged from 4.0' NLW to -5.0'
NLW. As proposed, the docking facility would extend approximately 199' from the edge of Coastal Wetlands to
approximately 33% of the waterbody width.
10. ANTICIPATED IMPACTS
The proposed docking facility would result in the incorporation of approximately 808 square feet of Estuarine
Waters and Public Trust Area. As proposed, the docking facility would be located in an area with water depths
ranging from -4.0' NLW to -5.0' NLW within a Primary Nursery Area.
The proposed development would be located outside of the adjacent 15' riparian corridor setbacks on both sides
and would be constructed outside of the USACE Federal Channel Setback Extending the existing docking
facility to the 1/3 width of the waterbody would have negligible impacts on navigation since the shoreline
opposite from 9285 Peakwood Dr. SW consists entirely of Bird Island Reserve, owned by the State of North
Carolina and the pier would be between two other piers that already extend to the USACE Federal Channel
Setback. Turbidity associated with the piling installation would be kept to a minimum.
Submitted by: Brendan Brock Date: February 25, 2022 Office: Wilmington
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

RECE1VEq
FEB 1 � 2022
Project Narrative: 9285 Peakwood Dr. SW Cal p�M1�GToN, rlc
(Brunswick)
Spainhour Docking Facility
February 16, 2022
The applicant is proposing to relocate the water dependent structures of his docking
facility approximately 43' waterward. This proposal would relocate the 2 existing boatlifts just
landward of the USACE setback in the AIW W. A pier extension would be installed along with a
fixed platform (with partial roof coverage). The design would match the existing docking facility
shifted further waterward. The proposal includes a 14' x 12' fixed platform with an I F x 19' roof
(dripline dimensions). Approximately 4' x 14' on the waterward side of the platform will be
uncovered. Two 13' x 13' boat lifts would be installed on the sides of the fixed platform and a 6'
x 3l' extension of the pier would be built to access the fixed platform.
This area of the AIW W is shallow at low tide and the proposed extension would give
access to deep water. Current depths at low tide are approximately -0.48' and the extension
would give depths of approximately -3.98' at low tide. The applicant is proposing to match an
updated (accepted) pier headline installed at a neighboring pier under CAMA No. 77-20. This
proposal would extend the docking facility greater than % of the width of the waterbody but less
than 1 /3 of the width. The opposite side of the AIW W is a parcel owned by the State of North
Carolina so docking facilities will not be installed in this natural area. Navigation of the federally
maintained channel will not be affected as all work will be outside of the USACE setback.
The location and design of this project will decrease negative impacts to substrate and
water column during low tide by eliminating the potential for propeller dredging and increased
sedimentation. The proposal will not impact shellfish, SAV, or water quality. Some temporary
sedimentation will occur during installation.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

11161111111111101
APPLICATION for
gE,F,NeO
fEB 16 2D22
prM wl�
I p
Major DCVClopmenf PCHUR
(low rwdmed sW"=)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
PmjM Name (d applicable)
N/A
Spainhour Docking Facility
Applowd l: Fist Name
MI
Last Name
Larry
Spainhour
Applaiant2: Fist Nave
MI
Lass Name
Rebecca
K
Spainhour
if adddla al applicants, pfease attach an additnalpage(3) add, names fisted
Mmhnp Address
PO Box
qty
SUMS
9285 Peakwood Dr. SW
N/A
Calabash
NC
MP
canny
Psae No.
FAX No.
28467
USA
843-902-7788
N/A
Sheet Address (ddlhmd/cm above)
City
So"
ZIP
N/A
N/A
N/A
N/A
F'nMt [e-mail]
t AgengContractor information
Business Name
CPG, LLC
ApYW CcntraoW 1: First Name
MI
Last Nstne
Ben
B
Brink
Ap W Canft m 2: Fest Name
MI
Last Name
N/A
N/A
N/A
MaiSp Address
PO B"
city
State
N/A
1661
Carolina Beach
NC
ZIP
pima No. 1
1
Phone No. 2
28428
910-302-5725
N/A
FAX No.
CaUaaawa N
/A
N/A
sheetltadreS iddar~ftma00eer
V/
Stste
Z1P
N/A
N/A
N/A
N/A
Email [e-mail]
<Form continues on back>
252-808.280s f .. www.ncco_ _ ±ca n t.n er
RECEIVED
F E.H 2 5 Z022
DCM-MHD CITY

60--NNV,- D
Form DCM MP-1 (Page 2 of 4)
G APPLICATION for
Major Development Pemiil
3. Project Location
Cownty(on be multiple)
Street Address
Stay Rd.a
Brunswick
9285 Peakwood Dr. SW
N/A
Subdivisbn Naw
city
sues
ZIP
Ocean Harbour
Calabash
NC
28467
Phone No.
La No{s) (Irearq; ~ ad6tionaf page aydr ref)
843-902-7788
2550002702
a. In wM NC rker basina dre proles treated?
b. Naw o body orwaw nos t w proposed project
Lumber
A1WW
c. Is the water body identi5ed in (b) above, moral or marinade?
d. Name the closest mayor, raw body to this proposed proper Site.
X IN=ra' ElManmade DUnknown
A1WW
e. Is proposed work within city units or "n inq judsdicdon]
f 4 applicable, list the planning pdsdmtion or o n, Ind the proposed
X Yes []No
wort taus Within.
Sunset Beach
L ShaDescripeon
a. Total knob of shweine on die trad tlL)
Is. Skn otoOM sot (sq.R)
—125'
88,426.8
a Ste of indmdual Iti
It Approaimak devaeon o'traa above NNW Ow" NO waled or
2.03 acres or 88,426.8sq. ft.
NWL )""nat coilofievi
—19, X INHWw[]NYIL
a VeyebammLass
Coastal Wetland Veg. (spartina altemiflora), small fringe of joint 404/coastal wetlands,
upland species of pine and herbaceous shrubs
t WarwnaM bath and uses now on bast
This parcel of land includes a single family residence. The parcel has an existing pier,
platform, and (2) boat lifts.
g. Identify and desanbe the existing land uses 39L"to the prcpused project site.
Adjacent properties are designated for similar use (single family homes/docking
facilities).
Is Hw, don It" govemment zorw the tract? i.
Is the proposed project consistent with the applicable zonixg7
AF1
(Attar zemnq mmplonce certificate. if applicable)
OYn [IN. XINA
L s tte proposed activity part of an Indian wakvhont radenkpmerd proposal? Dyes x)No
k. Has a pro'essional adhaeoogical assessment been done forte trait! t yes. attach a copy. i]Yn (]/o XINA
t yes. by whom?
I. Is die proposed projea'ocated in a National Registered Histrric District or, does it involve a QYes 1:y10 XINA
National Register iisteil or Cpbz property+
<Fonn continues on next page>
. ,, w.wc co..r armn�agam.at..e` DECEIVED
FEB 25 2022
LADM-MI-ID CITY,

Form DCM MP-1 (Pape 3 of 4)
APPLICATION for
Major Development Permit
in. (i) Arc them wetlands on the site? (XYes ONo
(it) Are there coastal wetlands on the see? X 11'es ONo
(g) If yes to either (i) a (6) above. has a delineation been conducted? (]yes X No
(Attach documentation, d weitable)
n. Describe existing waslawawr Imabnem facilities.
Brunswick County Sewer
o. Describe existing N"edting water supply samce.
Brunswick County Water
p. Describe existing stone war managemen or Determine syYems.
N/A
& Activities and Impacts
a. Wilts project be for commercial, public. or priva use? ElCommercial DPublicfGovemment
Private X 1pr;vaw/community
b. Give a brief descriptor ofpurpose. use, and daily operations o!the propel whsm eonlPlsb.
The proposed work is to improve the existing docking facility and its functionality.
The proposal will increase water depths at low tide by greater than 3'.
n Describe the proposed amsWclion rrethodobpy, types ere oerssuckn equ¢ret as be used during constructionthe number o! each type
of equipment and whore it is to be stand.
Standard marine construction techniques for piling installation, platforms, roof. Work will be completed by
access via upland. Some work may be completed by barge if necessary.
d. L'stalidevelopment attitliaes you propose.
The proposal includes a Mix 12' fixed platform with an 11' x 19' roof (dripline dimensions). Approximately 4'
x 14' on the waterward side of the platform will be uncovered. (2) 13' x 13' boat lifts and a 6' x 31' extension of
the pier.
e. Am** proposed actmities maintenance of an misting project. new work, or lath? Both
f. What is the approximate teal disturbed land area resulting'rom the oroposed project? 789 X l5q.Ft or [3Acros
g. Will the proposed prom encroach on any public easement. public soeessway or other area ❑Yes X No ❑ NA
that the public has established use or?
In Describe location and rype of existing and proposed discharges lowaters d the sake.
N/A
i. W dl wastewater or sW mwawr bedischarged Ma a wetlmltl? EIYes (1r4o X NA
d yes, will this discharged water be o! the same salinity as the receiving war? [Yes []No X NA
. Is thereany mitigation proposed? [Yes []No X NA
14 yes, attach a mitigation proposal.
<Form continues on back>
232-1 - www.eeaesetai.. -I ICEIVED
FEB 25 2022
DCM-MHD CITY

Form DCM MP-t (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallntonnation
In addition to this completed application form, !MP-l) the following items below, it applicable, must be submitted at order for the application
package to be complete. Items (a) - (1) are always applicable to any major development appicadon. P ease consult the application
m3tructlOn booldet on how to plopPdy prepare the Rgulred items below.
a. A project mar3bve
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn a scale. Means gin de present status of the
proposed prci Is any portion already complete? I` previouslyaudronzed wort. dearty ndicae on maps. plat. drawings to datngi ish
between work completed and proposed.
o. A site or location map that a sufficiently detailed to guide agency personnel unfamiliar with the area to the ails.
d. Acopy of the deed(wills stale application only) or other instrument under which ae app',cant clams We to deaf N properties.
e. The appropriate application fee. Check or money order made payable b DENR.
f. A list of tx names and corrplee addresses. of me adjacent water'mnt (npanan; landowners and signed netran receipts as proof inat such
comers have'eoeived 3 copy of tree application and plan by cern'ted mad. Such Landowners must be advised that they have 30 days in
which to submit comments on the eropesee pmjeot to Me Diva on of Coastal M3nagement.
Name Locke Newlin
Addival 9271 Peakwood Dr. SW Calabash, NC 28467
Nana Starshore Views LLC. (John Kindt)
Acm-12837 Riverdance Dr. Raleigh. NC 27613
Name Phone No.
Address
g. A 1'st of prerleus arts a (etleral pertnite isswd br cork dr to prajsu sect InwWe pertna ncnwen, pemhaee antl iswirg tlates.
h. Signed consistent a agent autluriaaem form, a applicable.
i. Wetland delineation. t necessary.
j. A signed AEC hazard noboe'or prejeos in oceardront and inlet areas. (Must be signed by properly overeat
k. A statement of compliance with the K.C, Envaonments Policy Act ( , P necessary. l"theprojectinvolvesexperWitum,
of public funds or tree o' public lands. attach a statement documenting compliance with the North Camlim Environmental Pdky Act
I understand that any permit issued in response to this application Nil alloy, only the development derenbed in Vie application.
The project will be subject to the conditions and ramnchons contained in the permit
I certify that I am authorized to grant. and do in fact grant pemtissim to representatives of state and federal renew agencies to
enter on the aforerrentioned lands in connection with evaluating information related to this pem-it application and follow-up
monitoring of the project.
I further certify that the infmnation provided in this appl, cation is tnAh1V to the best of my knoviledge.
Dare 1/21/2022 Print Name LarrySpainhotu
LA/7+1 r (GM%HitnlU
Signature ui,'i W-nn .-esn
Please indicate application attachments pertaining to your proposed project.
DDCM MP-2 Excavation and Fill Informs tion DDCM MPS Bridges and Culverts
DDCM MP-3 Upland Development
x DCM MP-4 Structures Information
RFr.FIVED
. �. .. f gEe-4NC OAST .. www.acco a at almanagemant.net
FEB 25 2022
DCM-MHD CITY

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
iZ�Gr>,Xr'trt
FEB 6 t
Attach this font to Joint Application for CAMA Major Pemtit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project Please include all supplemental infomtation.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. Il is me dooking'aclliry.'manr.a:
ElCommerciell I]PublidGavemment XlPnvate Community
c. O Dtooa(s) and!or Wens)
ill Number )
(m) tengd, 6'
(iv) Width 3V
hq Floating DYes XMe
e. M Are Pladom.s mcludedy XlYes ONo
Y yes:
(Q Number 1 Roof Dripline
iiiQ Length 12' 1 r' x 19' —4' x 14' of
inn Width 14' platform without roof
ryl Fbating Ores X)Yo
Note' Roofed areas are calcukated edn drisime dimenvans.
g. I'.) Number of slips proposed
0
[I) Number o`slips exist
2
i Check tie proposes type of sang:
❑ Laed cut and access channe
[_]Open waterdredging for bas,n and!or cha—el
X Open water no d,edg'.ng rea.ined
[]Other. please eesenbe
k. Typical boal lerpm: 20-2S'
m. (i)Wathe 9alRy love tie pilk,gs?
DYea XINo
(it) V yes number of to pilings?
N/A
❑This section not applicable
It. (I) WIN the faci'.irybe ogeo. to t e general put, Ic?
OYes IX No
d. OAm Fngw Persivo.,dea? []Yes XNo
B yes:
(ii; Numbe,
(iii) Length
fiv) Iii
(v)Roapng ❑Yes ❑No
f. !i) Are Boaddsincluded? X)Yes ON.
If yes: 2
(it,' Number
Iiii)Length 13'
iiv)wiflh I
h. Check all me types o• sauices to be provide i
❑ Full service, incluaing travel IR and+or rail +epair a,
maintenance service
❑ Dockagefuel, and manna supp::es Z
X Dockage ('wet slips) only, number of slips-
❑ Dry storage. number of boats. _
❑ Boat ramp(s:.. number of boat ramps:
❑ Other. please describe'
1. Describe the [yp'.cat oo.Ys to be served le.g, open runabout.
charter boats. sail boat, mixed types).
Open runabout
1. O Will the liability be open to the gMNral Public?
Oyes X)NO
RCOAST :: www,ncc"stal,"aoanement.net reYis" 1VED
FEB 2 5 2022
DCM-MHD CITY

L DOCKING FACILITY/MARINA OPERATIONS
a. Chad each of the'dbwrg sanitary faciees that WIN be included in the proposed project.
❑ Me Toilets
❑ Toilets M patrons: Number. Location:
❑ Showers
❑ Boathddirg tank pumpts Give type and location:
FE815 2022
x This section not appllaft
b. Describe treatment h'pe and disposal location for all sanilaywestltwaW.
c. Deseaibe the d.sposal of solid waste, lsh oral and trash.
d. Now will overboard discharge of sewage'rmn boats oe controlled'
IN. n (dive the location and numoer of'No Sewage Discharge signs proposed.
(a) Give fie location and numoer o"Pumpout Available- sipts proposed
Describe the specie design. it applicable, for wntaining md.strial type pollutants. such as paintsandblasting waste and petroieum produces.
g. Whem m M residue `tom vessel maiaenarce be disposed on
h_ Gwe the number o' chame, markersarm -No Wake' signs proposed,
i. Give the location d'ueb+andng facildles, and describe the safety measures olanned to protect area mate• p.ality.
j. W rat will be the mama policy w overnight aft true -aboard dockage?
N. Describe design meawres Mat prpmae boat basin lushi,g?
L atria projea is an expansion of an exleting marina. what types of swiss w owm* provided?
6L-6OR-28CI :: tip n-A RL 0 AST
RECEIVED
l=tr3 2 5 2022
r.
43CVli-MHD CITY

Form DCM MP-4 !Structures, Page 3 of 4)
m. Is the marinaldooking raoility proposed within a primary or secondarynursery area?
[]Yes []No
n. Is the mannaldocking Facility proposed within or adkscent to any shellfish harvesting area?
Oyes ONO
o. Is the mar"dricking raclity proposed within or adjacent to coastal wedandsrmarsh tCW)• submerged aquatic vegetation (SAV), shell bottom
(SO), or other wetlands MQ? a any boxes are checked, provide the number of square feet aeectetl.
OCW OSAV OSB
AWL DNone
p. Is the proposed manna/docking'aalhy located within or within dose proximity to any shellfish leases? E]Yes []No
P yes, give the name and address o'the !easeholdegsl. and give the proximity to the lease.
?. BOATHOUSE finduding covered tits)
a. Ii) s the boathouse sauauro(s):
DComrnerciai OPdbliclGovemment Dipm,ate,Community
(u) Number
(1) Lengt^
(iv) Width
Note: Rooed areas are calculated from dnp)me firmer ions.
I. GROIN (e g., wood, sneeoile. etc f1 a rodt groin, use Add-2, Excakabot and Fill.)
a. (i) Number
III) Length
( 1) IV Idt
S. BREAKWATER (mg, tool, aweio e, etc.)
a Length
c Maximum distance beyo^d NHW N1VL or wetlands
X Ttus section not yoplicable
x Ttxs section not applind'e
x IThfa sKbm rootappidade
b Avwage dsunce hom NNW. NWL, ateliftds
B. MOORING PILINGS and BUOYS x Thts section not applicable
a. Is the sruchee(s): b Number
OCommerdai OPubecrGovemment ❑Pnvate'Communny
c. Distance W be placed beyond shoreline d Desanptio^ of buoy (odor, insonpWri. sae, anchor, etc.)
Noe: Thla 3herad De m red enm m" edge, dpm3 L
e. Am of #* swing _
..�� _ .+. o0n :. ! 6i!c-aAGOA6T :: wv✓n.nr.cox siah::,nnagor........ RREQEKD
FEB 2 5 2022
DCM-MHD CITY

faric. p
Fr., m nCh1 MP-4 (Structures, Page 4 of 4)
7. GENERAL
>_ Pmunityo'souctim(s) to adjacent npanan pmpeny lines
—35' and —50'
NW#: rmrbuoyormoonngp1mg, we am oyswirg:roluditrg length
0/vessel
c. Widthofwatnbody
—600'
a. (i) Will navigational aids be requited as a result a Me project?
[]Yes []No [( NA
(i) I/ yes expain what type and how they mN be implemented
a. OTHER
a. Gies complete despption:
FED' 16 2022
t�
,lam
b. Prwimilyolsbuoure(s)toadjacentdo&ingtacOdw
—80' and —187'
d. Waardaphatwammm4endof w m&NLWwNWL
-3.98' @ NLW
Depth taken 1/27/22 Low Tide
07hb secban not eppficab e
The applicant is proposing to relocate the water dependent structures of his docking facility
approximately 43' waterward. This proposal would relocate the 2 existing boatlifts just landward of the
USACE setback in the AIW W. A pier extension would be installed along with a fixed platform (with
partial roof coverage). The design would match the existing docking facility shifted further waterward.
The proposal includes a Mix 12' fixed platform with an I F x 19' roof (dripline dimensions).
Approximately 4' x 14' on the waterward side of the platform will be uncovered. (2) 13' x 13' boat lifts
would be installed on the sides of the fixed platform and a 6' x 31' extension of the pier would be built
to access the fixed platform.
2/16/2022
Dale
Spainhour Docking Facility
plairat Names
Larry Spainhour
Applicant Name 07
trry Yo 4.r n,mtr ss:AlY!I
Applicant Sigrasae
RECEIVED
252-aD8-2505u IJtle-A11COAfT n+vwwnecnaasaheanaar nt.nat FF9 2
DCM-MHD CITY

ROY COOPER
Gonrnor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
SENT VIA EMAIL
Rebecca & Larry Spainbour
c/o Ben Brink (CPG, LLC)
9285 Peakwood Dr. SW
Sunset Beach (Ern, NC 28467
SENT VIA EMAIL.
NORTH CAROLINA
Environmental Quality
February 25, 2022
RE: CAMA Major Development Permit Application — 9285 Peakwood Dr. SW
Dear Mr. Brink:
The Division of Coastal Management hereby acknowledges receipt of your application, for State approval for the
extension of an existing docking facility, located at 9285 Peakwood Dr. SW, Sunset Beach (ET]), Brunswick
County, NC. It was received complete on February 17s, 2022 and appears to be adequate for processing at this time.
The projected deadline for making a decision is May 3b, 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 fmal action by the initial
deadline stated above, you should consider the review period edended. 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 1711, 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/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road_ Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Brendan Brock
Field Representative
cc: Cameron Luck,MHC Katie Atkins, LPO, WIRODCM RECEIVED
USACE Holly Snider, DWR Rebecca & Larry Spainhour, Applicants
FEB 2 5 2022
DCM-MHD CITY
North Carolma Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 29405
910.796.7ZI5

CAMA'PERMIT
APPLIED FOR
PROJECT: . Applicant proposed to extend an
aa�rlctlnn 7 slip docking facility to y
rn established pier head 11ne to access deeper wa el
co 0
"' at. ®7st-5 o othe_n 11AW in
N o Sunset Beach, Brunswick County.
COMMENTS ACCEPTED THROUGH March Z& 2022
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Rebecca and Larry Spalnhour
9285 Peakwood Dr. SW NE DIV. of Coastalmanagement
a a as , NC ZU467 127 Cardinalr. Ext.
Agent: CPO. LLC I ming on,
c/o Ben Brink Brendan Brock
(91 O) 302-5725

0
NORTH CAROLINA
C yr.,.yme"I'd q,.ihn
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
cnvrmty
ELIZABTH BISER
4cmt n
BRAXTON DAVIS
Mmwn. Di,. of(oamd Alawwatem
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 affutavit and invoice for payment to Tanya Pieila at the NC Division of Coastal
Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this
Wilmington office.
cc:
MHC Files
Cameron Luck — MHC
USACE
should have any questions, please contact me at our
Tany l W.. Pietila
Permitting Support & Customer Assistance
RECEIVED
z 2 5 2022
State ofNonh Catol sa I Fnvuonmental Quality I Coastal Management
127 Cardinal Drive En., Wilminglan, NC 2UO5 9197967215 DCM_MHD CITY

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 docking facility to the newly established pier head line to access deeper waters at 9285
Peakwood Dr. SW, adj. to the A1WW in Sunset Beach, Brunswick County, and on February 22, 2022, Erik
Kenyon proposed to remove & reconfigure the existing dockingfacility to accommodatefive (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 malting the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
RECEIVED
APPLICANT: Rebecca & Larry Spainbour COUNTY: Brunswick FEB 2 5 2022
PROJECT NAME: 9285 Peakwood Drive SW �/
LOCATION OF PROJECT: 9285 PeakwoodDr. SW, adj. to AIWWin Sunset Beach DCM-MHD CII 1
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-17-22
FIELD RECOM[vIENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250t#203
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-2-22 END OF NOTICE DATE: 3-23-22
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 5-3-22 150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 2-25-22 STATE DUE DATE: 3-23-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
NOTES
COMMENTS
OBJECTIONS:
RETURNED
YES NO
DCM — Field Rep
X
55
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
%�
WA D62JZ l {j0
DWR— Public Water Supply
DEMLR— Stormwater
DEMLR— Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
' A
DMF — Shellfish Section
.3 5
DMF — Habitat & Enhancement
DNCR— Archives &History
3
DNCR—Natural Heritage Program
NCDOT
NC Dept of Commerce
S

DCM Coordinator: Cameron Luck
County:
o v-
Permit #: -12
Y
WIIRiO� 1E�-M'AIL DISTRIBUTION SHEET
Circle one Bio Re rt /Permit for: tom` ,/cG(�Q� (y[yVVI �yGl t ylI/L 6jA 1%
Oversize Plan sent:
DCM Offices: `I
Morehead City: PT (if oversize) via Courierl"
*cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
*MHC documents (Cam & Amanda)
Wilmington: Original hard -copy
ONLY USACE & DWR (mro) Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: Eir+ieir(Pender & Carteret Co): PN, CL, Reports, Split Sheet _
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
LVYTeg Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
41elley 8 der- 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet
Div of Water Resources: �6heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
VKim Harding
DCM Planner/WiRO:
vNtike
Christenbury
Cultural Resources:
"enee Gledhill -Earley EnvironmentaLReview(U)ncdenroov_
Natural
Heritage Prog.
y.4ney Butler
DCA-Rural Eco. Dow
,pp k Ziegler
NC DOT:
David Harris _
Wildlife Resources:
48na Dunn w/Reports
State Property Office:
V6 Walton: DEED
Wik
e Moser _
panda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
%Aeremy Humphrey (Bio) / _
%56aron Gupton, Admin. _
DEMLR: ✓C ristine Hall - Stormwater Section
%Dan Sams - Land Quality Section
Public Water Supply: Vl eidi Cox
City of Wilmington: �j, _
Enforcement: Field `Rep: Vi"IZ-1\J
_Co. LPO f" `��Qi � t�I V,Cj
Agent:
DISTRIBUTED: 0
RECEIVED
FEB 2 5 2022
DCM-MHD CITY
Updated 2/2Y22 CAMA/Shaun majors docs/e Agency List

Recommendations for State Permit- Snainhour Docking Facility Extension
The square footage of the proposed docking facility is calculated as follows:
Shoreline length=125ft. x 8 sq. ft. =1,000 sq. ft. allowable.
Existing:
Access Pier (From NHW) _ —450' x 51= 2,250 sq. ft. (Credit)
Gazebo (To remain) =19' x IV = 209 sq. ft.
Open Platform (To remain) = 4' x 14' = 56 sq. ft.
Fish Cleaning Station = 2.5' x 7.5' = 19
Total (Existing) = 284 sq. ft.
Proposed:
Access Pier Extension = 6' x 31' =186 sq. ft. (Credit)
Gazebo (New) =19' x 11' = 209 sq. ft.
Open Platform (New) = 4' x 14' = 56 sq. ft.
(2) Relocated Boatlifts =13' x 13' = 302 sq. ft. combined (Not Counted)
Fish Cleaning Station = 2.5' x 7.5' =19 sa. ft.
Total (proposed) = 284 sq. ft.
Total So. Ft. for Docking Facility = 568 sq. ft.
The proposed development would provide docking space for atotal oftwo (2) vessels. The proposed docking facility
would extend 199' beyond the marsh to the newly established pier head line between 9269 Peakwood Dr. SW and
1324 Harbour Watch SW. The proposed pier would extend to the edge of the USACE 80' Federal Channel Setback,
exceeding the'/4 width of the waterbody but not the 113rd width. This distance would be CONSISTENT with NCAC
07H .0208 (b)(6)(G) as well as the remaining use standards set forth in NCAC 07H .0208 (b)(6), including those
which dictate the maximum allowable platform area, the 15' riparian setback, and the Federal Channel Setback.
RECEIVED
FEB 2 5 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 2022
MEMORANDUM:
NORTH CAROLINA
EeVhWAn1 ntolQuallty
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.ludONCDEN R.00v
SUBJECT: CAMA
Applicant: Rebecca d Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock 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. Memo Attached. Extend two existing slips.
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE Wa*810- L ""
DATE _March 7, 2022
D Q�
31-411Cv
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extenslon I Wilmington, North Carolina 28405
910.796.7215

Roy Cooper, Governor
TO:
North Carolina
Department of Administration
State Property Office
March 7, 2022
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
cameron.luck@)NCDFNR.gov
FROM: Wanda Hilliard ! COant0�al. ��
Real Property Agent
Department of Administration
Applicant: Rebecca & Larry Spainhour
Pamela B. Cashwell
Secretary
Tim Walton
Director
Project Location: 9285 Peakwood Dr. SW, adj. to the AIWW in Sunset Beach Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier headline at the Federal Channel Setback to access deeper water.
Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the
State Property Office has no comment on the proposed project.
State of North Carolina l State Property Office
06 West Jones Street, Sttite 4o55 11321 Mail Service Ctr. 1 Raleigh, NC 27699
9342360270 TI Web: http://www.ncspo.com

ROY COOPER
aovemor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
DATE: April 25, 2022
NORTH CAROLINA
Environmental Quality
FROM: Holley Snider ffs RECEIVED
NCDEQ-Division Water Resources
401 Buffer Permitting Branch APR 2 5 2022
SUBJECT: DWRN20031062v2 DC� SECTION
No Written Approval Required MHD
PROJECT LOCATION: 9285 Peakwood Drive, Sunset Beach, Brunswick County
Spainhour Docking Facility
PROPOSED PROJECT: Extension of an existing docking facility
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated January 21, 2022 and received by this office on February 25, 2022.
The waters of the Atlantic Intracoastal Waterway are classified as SA;HQW by the Division of Water
Resources (DWR) and has been determined to be a Primary Nursery Area (PNA) by the Division of
Marine Fisheries (DMF). Please understand that the waters around your project area have been
identified as a PNA, and should requests for dredging within the proposed project area arise in the
future, they will likely be denied. Please be aware that new dredging within a PNA is not permitted
under 15A NCAC 02B .0220. This activity results in degradation of water quality standards and is
therefore considered a water quality violation. Any turbidity standard violations of waters going into
these creeks are also considered Water Quality Violations. Citation: 15A NCACO2B.0220
In accordance with the attached General Certification #14501 (GC 4501), the impacts described in
your application do not require written authorization to utilize GC4501. However, you are required
to follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(but not limited to erosion and sedimentation control regulations and state stormwater
requirements before you proceed with your project). Also, the approval to proceed with your
proposed impacts to waters a depicted in your application shall expire upon expiration of the 404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at htt wti c dgliv _ o by
calling the OAH Clerk's Office at [phone] for information.
2022
/DCM-MHD?
®� ��� North Carolina Department of Environmental Quality I Division o Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina
o�.mrm "u�:v�.®m.m� /'� 910.796,7215

ROY COOPER
Governor
ELIZABEM S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
February 25, 2022
C. 22.02.2$.02
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.luck(ra NCDENR. oov
SUBJECT: CAMA
Applicant: Rebecca & Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, adi. to the AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock 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"
V 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
RECEIVED
AGENCY MAR 2 1101Y
` MP SECTION
SIGNATURE MA� I \ DCM - MHD CITY
DATE 3 ZI"2J'Z2
North Carolina Department of Quality I Division of Coastal Management
Wilmington Offlm 1127 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 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck()NCDENR.gov
SUBJECT: CAMA
Applicant: Rebecca & Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE Kll�L6¢� YY
DATE 02/28/2022
RECEIVED
FFR 2 SIM
MP SECTION
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
vywnn�mav,ay�
910.796.7215

Luck, Cameron A
From: Katie Atkins <[e-mail]>
Sent: Thursday, May 26, 2022 1:29 PM
To: Luck, Cameron A
Subject: [External] Re: CAMA Major Application: Rebecca & Larry Spainhour
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
We have no objections.
Thank you,
Katie
From: Luck, Cameron A <[e-mail]>
Sent: Wednesday, May 25, 2022 3:00 PM
To: Katie Atkins <[e-mail]>
Subject: FW: CAMA Major Application: Rebecca & Larry Spainhour
Hi Katie,
Just following on this for LPO comments
Thanks,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
Cameron. Luck(ftcdenr. aov
D Q�
400 Commerce Avenue
Morehead City, NC 28557
hftp://Dortal. ncdenr.org/webtcm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Luck, Cameron A
Sent: Friday, May 13, 2022 10:23 AM
To: Katie Atkins <[e-mail]>
Subject: FW: CAMA Major Application: Rebecca & Larry Spainhour

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
February 25, 2022
MEMORANDUM
NORTH CAROLINA
Envfrnnnlmfaf Qualfty
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@NCDENR.00v
SUBJECT CAMA
Applicant: Rebecca & Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, ad). to the AIIMNin Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY:
PRINT NAM
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 P(.cr./C. L]Te...w
DATE 5/13/22
RECEIV�D
MAY 13
DCM-MHD Cr1-v
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

MEMO
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Rebecca and Larry
Spainhour, Sunset Beach, Brunswick County
Date: May 9, 2022
Consistency Determination:
This project is consistent with the Sunset Beach Land Use Plan Update.
The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper water along the
AIWW. The project is located at 9285 Peakwood Drive in Sunset Beach, Brunswick
County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA.
Waters at the project site are classified as SA; HQW and are not open to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use
Plan and offer the following comments.
The general area of the project is classified Residential, while the AECs impacted by the
work are classified as Mainland Residential.
In general, the Town of Sunset Beach allows development in Mainland Residential
classified AECs which is consistent with the State's minimum use standards. The Town
of Sunset Beach Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
Provided all local, state and federal requirements can be met, this project appears to
be consistent with the Town of Sunset Beach Land Use Plan.
Cc: File RECEIVED
MAY 0 9 2022
pip SEC-noN
DCM - 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.luck(cDNCDEN R.gov
SUBJECT: CAMA
Applicant: Rebecca & Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock 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 �'o�u_ j&aruse sa for Shannon Jenkins
MAR 0 5 7021
DATE 03/07/2022 MP SECTION
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
snm=nae..w�umma.� 910196.7215

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] (Courier11-12-09)
cameron.luckCrDNCDENR gov
SUBJECT: CAMA
Applicant: Rebecca & Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, adj. to the AIWIN in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock 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_ 7^ ✓ ✓, 1 4L l Q
AGENCY /UC RECEIVED
SIGNATURE / `� G 7 X
MAR 0 5 2022
MP'SECTION
DATE 3 -7 DCM - MHD CITY
®��� North Carolina Department of Environmental Quality l Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2&405
910.796.7215

Received: 02/28/2022
._� State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
February 25, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality'
ER 22-0727 Due: 3/8/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.00v
SUBJECT: CAMA
Applicant: Rebecca & Larry Spainhour
Project Location: 9285 Peakwood Dr. SW, adf. to the AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the newly
established pier head line at the Federal Channel Setback to access deeper
water.
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 Brendan Brock 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
SIGNATURE
DATE
{ ,..,,,WtoL -"
March 04, 2022
RECEIVED
MAR 0 0022
MP SECTION
DCM - MHD CIT"
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

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-00494 County: Brunswick County U.S.G.S. Quad: Little River

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Larry and Rebecca Spainhour

Address: 9285 Peakwood Drive SW
Calabash, NC 28467

Size (acres) Nearest Town Calabash

Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.872875; Longitude: -78.551685

Location description: The site is located in Waters adjacent to the AIWW at 9285 Peakwood
Drive, Calabash, Brunswick County, NC.

Description of project area and activity: The proposal is to attach a 6' x 31' access pier to the
waterward end of the existing 4' x 14' open platform. The access pier will continue southeast,
terminating at an 11' x 19' gazebo. Waterward of the gazebo, a 4' x 14' open platform will
extend to the landward edge of the USACE Federal Channel Setback. Two 13' by 13' boatlifts
will be relocated to the east and west sides of the new gazebo.

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

Authorization: Regional General Permit Number: 19780005

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

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated February 16, 2022. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.

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

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

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

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

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

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

Corps Regulatory Official: ___________________________ Date: July 13, 2022
Expiration Date of Verification: December 31, 2026

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

Copies furnished by email:

Ben Brink (Coastal Permit Guy)
Brendan Brock (NC DCM)
Cameron Luck (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2022-00494 County: Brunswick County

Permittee: Larry Spainhour

Project Name: Spainhour Docking Facility / Calabash / Brunswick / Larry and Rebecca
Spainhour

Date Verification Issued: July 13, 2022

Project Manager: Gregory Currey

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

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

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

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

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

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

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