62-22 Burney & Goh

Ni
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
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
Permit Number
62-22
Issued to Robert Burney and Kimberley Goh, 9293 Peakwood Dr. SW, Calabash, NC 28467
Authorizing development in Brunswick County at adj. to AI W W, at 9293 Peakwood Dr. SW in
Calabash , as requested in the permittee's application dated 2/15/22 (MP-1, MP-4), including work plan
drawings (3) Sheets 1 of 3 dated 2/16/22, Sheet 2 of 3 dated 2/18/22, and Sheet 3 of 3 dated 2/17/22.
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
A these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be nun ano voro.
Docking Facility Extension
1) This permit authorizes only the pier extension, relocation of two boatlifts, platform, 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 pernittee 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

Robert Burney and Kimberley Gob
ADDITIONAL CONDITIONS
Permit No. 62-22
Page 2 of 3
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) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
6) The authorized structures and associated activities shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) 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
9) 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
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
12) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
13) 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.

b
Robert Burney and Kimberley Goh Permit No. 62-22
Page 3 of 3
ADDITIONAL CONDITIONS
14) 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. 20220351.
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: L, ,t,— Permit #:
Permittee:
MAILING DISTRIBUTION SHEET
'VV, A
c-. Swj (c4co ri,
Agents: 1 `n 1� IE=
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington 9. 3e (OBJECTIONS )
7­r_
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (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:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

Application Review Checklist
Letter A't—"
75 S[Q
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Applicant
1 1 '
�6�+1��vt Yjy�y,�*�
/n 1 Placard Comment
Qk Pub A ,7 �Q
3
Comment
O
Computer I
A
Agent
Deficiency Letter?
DWR ACK Datem
2 DWR Statements
Physical Address
Q,
l Zq 3 'j L Field Rep.
, d�
AECs
b� ff
Habitat C n Ha-j f � � L1j D
f la Y 1 V ? w—""
Development
-, E W
Designations 7
Buffer
Riparian Notification?
Green Card? Signed Form? Obj
Waive 15' Fee Schedule
12 rJ�
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X
/ Water
V Dependent
U
Deed?
/T
V
\
Raparian rights
From Property line
n1 `' 1 ,,\` '
�,p� (/
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1/4 I14
Wes- hp Uk�v�c
width?
Nav/Channel Proximity
idential Commercial
FT' calculations
r 27ft' N/A
ISSUES OF NOTE n
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9211 51, ��

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

RECEIVED
DIVISION OF COASTAL MANAGEMENT MAR 0 7 2022
APPLICATION TRANSMITTAL AND PROCESSING RECORD
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-10-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 5-9-22
DCM- HD CITY
APPLICANT: Robert Burney & Kimberley Gob COUNTY: Brunswick
PROJECT NAME: Burney Docking Facility
LOCATION OF PROJECT: 9293 Peakwood Dr. SW, adj. to AIWW in Sunset Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-23-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON
END OF NOTICE DATE: 3-31-22
DEED REC'D: Yes
150 DAY DEADLINE:
FEE REC'D:8250M8415
HOLDS:
MAIL OUT DATE: 3-7-22 STATE DUE DATE: 3-31-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM —Field RepjL�
DCM — LUP Consistency DeterminationJI)l
t tr
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401Section
pvuvhll ^ 2oZZ0�5>
DWR— Public Water Supply
DEMLR— Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
��
Aor W
. OOO t w Ck
Wildlife Resources Commission
DMF — Shellfish Section
3`
DMF — Habitat & Enhancement
(�
X
DNCR— Archives&History
%
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
�j 2�

DCM Coordinator: Cam Luck
County:
Permit #: "
WIRO E-MAIL DISTRIBUTION SHEET
Circle on01,1W
Permit for: 1`^' �u�) �►��Y �0
Oversize
DCM Offices:
Morehead Clty: PT (if oversize) via Courier Ow /
'cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet_✓
•MHC documents (Cam & Amanda)
Wilmington: Original hard -copy z--
ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington:
der 8 Carteret Co): PN, CL, Reports, Split Sheet _
use both
[e-mail] (NH/BR): PN, CL, Reports, Split Sheet
eg Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources:
olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
�i 01 (PN/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources:
N/heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_
----------------------------------------------------------------------------------------------------------------------------------------
Marine Fisheries:
VOM Harding _
DCM Planner/WIRO:
VlGlike Christenbury
Cultural Resources:
,6nee Gledhill -Earley Environmental, Review(ftcdenrgov_
Natural Heritage Prog.
vollodney Butler_
DCA-Rural Eco. Dev:
Mark Ziegler _
NC DOT:
)"avid Harris
Wildlife Resources:
I aria Dunn w/Reports
State Property Office:
✓Plm Walton: DEED
164e Moser _
Wanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
Jeremy Humphrey (Bio) / _
\haron Gupton, Admin. _
DEMLR:
v6ristine Hall - Stormwater Section
_
0A Sams - Land Quality Section
Public Water Supply:
Xeidi Cox _
City of Wilmington:
14�tl r
�nj_�
'✓�► "`"" �3yo
Enforcement:
Field Rep:
Co. LPO
✓ ���'1'� Yk 1'1�) hS
RECEIVED
Agent:
MAR 0 7 2022
DISTRIBUTED: DCM-MHD CITY

ROY COOPER
Govemor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
DATE:
FROM:
SUBJECT:
NORTH CAROLINA
Environmental Quality
May 4, 2022
Holley Snider 1�S
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
DWR #20220351
No Written Approval Required
PROJECT LOCATION: 9293 Peakwood Drive, Sunset Beach, Brunswick County
Burney & Gob 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 February 15, 2022 and received by this office on March 7, 2022.
The waters of the Atlantic Intracoastal Waterway are classified as SA;HQW by the Division of Water
Resources (DWR) and have 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. This activity results in degradation of water quality standards and
is therefore considered a water quality violation in accordance with 15A NCAC 02B .0220.
In accordance with the attached General Certification #4501 (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 inyour application shall expire upon expiration of the 404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information. RECEIVED
MP SECTION
prna . nn +7 CITY
D E Q.�- North Carolina Department of Environmental Quality I Division of Water Resources
�r� Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
/'� 910.796.7215

ROY COOPER
Gommor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7, 2022
NORTH CAROLINA
Envtronmenta/Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 2B557
Fax: [phone] (Courier 11-12-09)
cameron.luckON C DEN R.00v
SUBJECT: CAMA
Applicant: Robert Burney r; Kimberley Goh
Project Location: 9293 Peakwood Dr. SW, adj. to AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 31, 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. 3 existing slips ( differs from narrative)
PRINT.NAME Wanda Hilliard
AGENCY I' I�, -WNJ ' rState Property Office
W SIGNATURE A- L kifUA"d DATE March 22,2022
RECEIVED
MAR 2 2 2022
MP SECTION
DCM - MHD CITY
D_E Q� North Carolina Department of Environmental Quality I Dlvlslon of Coastal Management
Wilmington Ofnce 1127 Cardinal Drive Extension I wilmingtom North Carolina 28405
910.796.7215

Roy Cooper, Governor
TO:
North Carolina
Department of Administration
State Property Office
March 22, 2022
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[e-mail]
FROM: Wanda Hilliard 1100.461a-4-cJ�
Real Property Agent
Department of Administration
Applicant: Robert Burney & Kimberley Goh
Pamela B. Cashwell
Secretary
Project Location: 923 Peakwood Dr. SW. adj to AIWW in Sunset Beach, Brunswick County
Tim Walton
Director
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the established
pier head line at the Federal Channel Setback to access deeper
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.
RECEIVED
MAR 2 22022
MP
DCM MHD SECTIONCITY
State of North Carolina l State Property Office
116 Westjones Street, Suite 4055 11321 Mail Service Ctr. I Paleigh,NC27699
9842360270 TI Web. httpJ/www.ncspo.com

Recommendations for State Permit- Burney Docking Facility Extension
The square footage of the proposed docking facility is calculated as follows:
Shoreline length=130ft. x 8 sq. ft. =1,040 sq. ft. allowable.
Existing:
Access Pier (From NHW) = —360' x 5'=1,800 sq. ft. (Credit)
Gazebo =14' x 19.5' = 273 sq. ft.
Finger Pier = 4' x 10' = 40 sq. ft. TO BE REMOVED
Finger Pier = 4' x 20' = 80 sq. ft. TO BE REMOVED
Open Platform = 6' x 10' = 60 sq. ft. TO BE REMOVED
(2) Boatlifts =12' x 12' = 288 sq. ft. combined (Not Counted)
Single Pole PWC Davit = 6' x 10' = 60 sq. ft. (Not Counted)
Floating Dock = 8' x 16' =128 sq. ft.
Total (Existing) = 401 sa. ft.
Proposed;
Access Pier Extension = 6' x 22' = 132 sq. ft. (Credit)
Finger Pier = 6' x 21' =126 sq. ft.
Finger Pier = 6' x 27' =162 sq. ft.
Open Platform = 8' x 19' =152 sq. ft.
Open Platform = 8' x 10' = 80 sq. ft.
Total (Proposed) = 520 sa. ft.
Total Sa. Ft. for Docking Facility = 921 sq. ft.
The proposed development would provide docking space fora total of two (2) vessels. The proposed docking facility
would extend 184' 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 ofthe USACE 80' Federal Channel Setback,
exceeding the Y4 width of the waterbody but not the 1 /3rd 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
MAR 0 7 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckONCDENR.eov
SUBJECT: CAMA
Applicant: Robert Burney & Kimberley Goh
Project Location: 9293 Peakwood Dr. SW, adj. to AIINW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 31, 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: Y This agency has no abjection 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 �1 A✓ k � e 1� I a /I
AGENCY �C D e P}, 0 I CC M M &-eC t
SIGNATURE 1,1t) A. r (- � Q 1 � I e r DATE 2
RECEIVE.
FEB 2 UUZZ
MP SECTION
DCM - MHn e`r-<
North Carolina Department of Environmental Quality I Division of Coastal Management
��
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
_
our +P—; �
910,796,7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7, 2022
MEMORANDUM:
NORTH CAROLINA
EhvironmentalQuality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca meron.luckaN CD EN R.goy
SUBJECT: CAMA
Applicant: Robert Burney & Kimberley Gob
Project Location: 9293 Peakwood Dr. SW, ad). to AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 31, 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 / )4X&d4 " T' �
RECEIVED
NAIL 3 12922
MP SECTION
DCM - MHO cairn,
DATE 03/30/2022
North Carolina Departmentof Environmental Quality I. Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
410.7%.7215

MEMO
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Robert Burney and
Kimberley Goh, Sunset Beach, Brunswick County
Date: May 31, 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 established pier
head line at the Federal Channel Setback to access deeper water along the AIWW. The
project is located at 9293 Peakwood Drive SW in 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 (ETJ) and offer the following comments.
The general area of the project is classified AF1, while the AECs impacted by the work
are classified as Conservation.
In general, the Town of Sunset Beach allows development in AF I /Conservation
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.
RECEIVED
Cc: File MAY 3 1
CCM-MHD CITY

a
Received: 03/07/2022State Historic Preservation Office
ROY COOPER
Governor
EL"ETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7, 2022
NORTH CAROLINA
Environmental Quality
ER 22-0866 Due: 3/15/2022
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(cDNCDEN R.aov
SUBJECT: CAMA
Applicant: Robert Burney & Kimberley Goh
Project Location: 9293 Peakwood Dr. SW, adj. to AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 31, 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,i L#?aattau�Hed
comments. YiClrCl V L6d'
PRINT NAME Renee Gledhill -Earley MAR .18`21122
State Historic Preservation Office MPMHDSECTION
-
AGENCY DCM HD CITY
M
SIGNATURE DATE arch 18, 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
aw��uun,�.ewomuc,\ p
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7. 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(cD.NCDEN R.Qov
SUBJECT: CAMA
Applicant: Robert Burney & Kimberley Goh
Project Location: 9293 Peakwood Dr. SW, adj. to AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 31, 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.
s.Ta@T1[Til. an
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE DATE 03/07/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
upe vm�fia emTm�wawa� f�
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7. 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)
ca meron.l ucknaNCDEN R. aov
SUBJECT: CAMA
Applicant: Robert Burney & Kimberley Goh
Project Location: 9293 Peakwood Dr. SW, adj. to AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 Mach 31, 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
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 r qcA & .
� e�ZEQ�
MMM A mm wauvn�
RECEIVED
MAR 0 5311' ?
MP'SECTION
DCM - MHD rl-l-V
DATE 03/07/22
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7, 2022
NORTH CAROLINA
Environmental Quality
MEMORANDG. Z2.o3.i1, 05-
UM.'
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax [phone] (Courier11-12-09)
camero n.luckgb NCD EN R.00v
SUBJECT: CAMA
Applicant: Robert Burney B Kimberley Goh
Project Location: 9293 Peakwood Dr. SW,, adj. to AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 31, 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 nnur-1� 1 l�lnn (1
AGENCY 1�C',tA?—C
SIGNATURE DATE 3-2I2-v22
u ®�
m.a,,noiu°b
North Carolina Department of Environmental Quallty I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.1215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Robert Burney & Kimberley Gob
PROJECT NAME: Burney Docking Facility Extension
2. LOCATION OF PROJECT SITE: 9293 Peakwood Dr. SW adjacent to the AIWW in Sunset Beach
(ETJ), Brunswick County
Coordinates: Latitude N 33°52'20.36" Longitude W 78°33'07.24"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/23/2022
Was Applicant Present —No
5. PROCESSING PROCEDURE: Application Received — 2/18/2022 Application Complete — 2/23/2022
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Sunset Beach (ETJ)
Land Classification From LUP — AF1 (Agricultural -Forestry)
AEC(s) Involved: PTA, EW
(B) 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
1,118 sq. ft.
Inco orated
(D)
Total Area Disturbed:
(E)
Primary Nursery Area;
(F)
Water Classification:
1,118 sq. ft. (02 acres)
Yes
SA; HQW Open: No
8. PROJECT SUMMARY: The applicant proposes to extend an existing 2-slip docking facility to the
established pier head line at the Federal Channel Setback to access deeper water along the AIW W in Sunset
Beach.
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

Burney Docking Facility Extension
March 3, 2022
Page 2
9. PROJECT DESCRIPTION
The proposed project is located at 9293 Peakwood Drive SW in Calabash, Brunswick County. Existing
structures on the 1-acre parcel including a single-family residence and an existing two -slip docking facility.
Satellite imagery suggests the initial docking facility was built between 2003-2005. Permits cannot be located
for the original docking facility that consisted of a 12' x 19' gazebo, 8' x 12' floating dock, and 2 boatlifts.
Based on DCM records, GP-66536 was issued on 4/27/2016 to replace the previously existing two -slip docking
facility and install a new finger pier and 6' x 10' fixed platform. GP-68029 was issued on 2/3/2017 to install a
single -pole PWC davit lift on the west side of the 4' x 20' finger pier. It should be noted that both General
Permits previously issued for this parcel used an incorrect physical address. They were issued for 9236
Peakwood Dr SW and the corerect address is 9293 Peakwood Dr SW.
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 130' 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 alterniora) and patches of Black Needlerush (Juncus romarianus spp.) extend
waterward approximately 250' beyond the 404-type wetlands. The width of the waterbody measures
approximately 624' from marsh to marsh in the vicinity of the existing docking facility. DCM staff made a low -
tide site visit on 2/23/2022 and verified approximately -4.0' NLW on the landward side of the proposed docking
facility relocation.
The waters of the AIW W 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 established pier head line at the
Federal Channel Setback to access deeper water along the AIWW in Sunset Beach.
The applicant proposes to install an 8' x 19' open platform at the waterward end of the existing 14' x 19.5'
gazebo. A proposed 6' x 22' access pier would extend southeast from the proposed open platform and lead
down a gangway to a perpendicular 8' x 16' floating dock that would be relocated from its existing footprint.
The existing boatlifts (Slips 1 & 2, Sheet I of 3) would be relocated to the east and west of the relocated floating
dock and terminate at the landward edge of the USACE Federal Channel Setback (Sheet 2 of 3). Relocating the
two boatlifts (Slips 1 & 2) approximately 30' waterward of their existing location (448' NLW, Sheet 1 of 3) to
the landward edge of the USACE Federal Channel Setback would provide sufficient water depths for access
throughout the tidal cycle (Approximately -4.0' NLW, Sheet 2 of 3). As proposed, a 6' x 21' finger pier would
extend west from the waterward end of the proposed 6' x 22' access pier and turn south into a proposed 6' x 27'
finger pier. A single -pole PWC davit lift would be relocated approximately 13' down the west side of the
proposed. 6' x 27' finger pier (Sheet 2 of 3). The finger pier would continue south and terminate with a proposed
8' x 10' open platform at the landward edge of the USACE Federal Chanel Setback.
RECEIVED
The property has approximately 130 linear feet of shoreline and the proposed design remains within the
applicant's area of riparian access; no waivers would be required for the proposed project however
to the east did waive the riparian setback. The applicant's design extends waterward of the''/, width7imit,
DCM-MHD CITY

Burney Docking Facility Extension
March 3, 2022
Page 3
terminating landward of the 1/3 width at the 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 #77-20) and 1324 Harbour Watch SW (State Permit # 23-13, WiRO Image 1). 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 of waterbody, approximately 154' waterward of Coastal Wetlands) ranged from -0.5' NLW to -1.0'
NLW. Water depths taken by DCM staff at the proposed boatlift location (Landward edge of USACE Setback)
ranged from -4.0' NLW to -5.0' NLW. As proposed, the docking facility would extend approximately 184' from
the edge of Coastal Wetlands to approximately 29% of the waterbody width.
10. ANTICIPATED IMPACTS
The proposed docking facility extension would result in the incorporation of approximately 1,118 square feet of
Estuarine Waters and Public Trust Area. As proposed, the docking facility would be located in an area with
sufficiently deeper water at NLW than the required 18" - 24" NLW in Primary Nursery Areas.
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 landward edge of the USACE Federal Channel Setback would have negligible impacts on
navigation since the shoreline opposite from 9293 Peakwood Dr. SW consists entirely of Bird Island Reserve,
owned by the State of North Carolina. Turbidity associated with the piling installation would be kept to a
minimum.
Submitted by: Brendan Brock Date: March 3, 2022 Office: Wilmington
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

Project Narrative: 9293 Peakwood Dr. SW Calabash
(Brunswick)
Burney Docking Facility
February 18, 2022
The applicant is proposing to relocate the water dependent structures of his docking
facility approximately 30' waterward. This proposal would relocate the 2 existing boatlifts just
landward of the USACE setback in the AIWW. A pier extension (6' x 22') would be installed to
access the boat lifts and floating dock. The design would match the existing docking facility
shifted further waterward. Two 13' x 13' boat lifts would be installed on the sides of the floating
dock and 2 finger piers 6' x 21727' will be installed to access the 8' x 10' fixed platform. The
PWC lift will also be shifted waterward. A new platform (8' x 19') is also proposed waterward of
the existing roofed structure.
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 %a 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
MAR 0 7 2022
DCM-MHD CITY
f w�ttn,NG�pN'NG
pGM

11111111111111114
Maier oenebweot'emn
@ad petlaadl Imarm"
North Carolina DIVISION OF COASTAL MANAGEMENT
1. PdmaryAppllcanNLandownwinfonnadon
Business Name
Proleet Name (7appAeaMe)
N/A
Bumey Docking
Facility
Applicant 1: Fkst Name
MI
Lap Nms
Robert
B
Burney
Applicant]: Flat Name
MI
Last Name
Kimberley
B
Goh
dWdtdond applicants, pkaae aioch an addelonalpapt(a) wah names Us W.
Maikng Address
PO use
city
Sow
9293 Peakwood Dr. SW
N/A
Calabash
NC
ZIP
County
Phone No.
FAX No.
28467
USA
843-995-0830
N/A
Stmet Address(ddAWwt tale above)
ciy
State
ZIP
N/A
N/A
N/A
N/A
Email [e-mail]
I Agent/Contractorinformadon
Business Name
CPG, LLC
Agent? Cowacwr 1: First Name
MI
Last Name
Ben
B
Brink
Ageml Contractor2: Fnt Name
MI
Last Name
N/A
N/A
N/A
Mailing Address
PO Box
City
Stave
N/A
1661
Carolina Beach
NC
ZIP
Phone No. I
Phone No. 2
28428
910-302-5725
N/A
FAX No.
Contracwre N
/A
N/A
S" AWmss pdnemnt sent sic")
city
State
ZIP RE
N/A
N/A
N/A
N/A
Email [e-mail]
MA
<Form continues on back>
252 000-2000 r. 1 080-4NCOAST :: www.nc non at almnn aye
EIVED
07 2022
DCM-MHD CITY
n xa r 181-41-
F(g V V

FomiDCM MP-1 (Page 2 of 4)
APPLICATION far
Major Developmerd PemtB
3. Project Location
Coumy low, be multil
Street Addasc
Stave Rd.M
Brunswick
9293 Peakwood Dr. SW
N/A
subdivision Name
City
state
Zip
Ocean Harbour
Calabash
NC
28467
Phone No.
Lot Na4s) (Ymany, a8ach additionarpage with Ilse
843-995-0830
2550002821
a. In which NC river basin is dw project loersd?
Is, Name al odyatwmarnearest io proposedprojM
Lumber
AI W W
C. Is the water body Iden4 led yl (b) above, awral or manmade?
d. Name aieobsest majorwave body W the propoud projew ser.
X INatval 0kfanmade OUnknown
AIWW
e. Is proposed work within city limits ar plmniry jurisdiction?
1. 8 Applicable. Est the planning ivrisdicton m city limb the proposed
X Yes []No
work fall within.
Sunset Beach
4. Site Description
a. Total length of shoreline on die traol(ft.r
b. Siz•o•entke bactlW?cl
157'
43,560
c. Sae of Individual tilts)
d. Appioxi all, elevaton a, tract above NHW inonnal high *&WIV
1.00 acre or 43,560 sq. ft.
NMR lnm wr waw,)eveg
—19' X INHW ar DWft
e. Vepensan on train
Coastal Wetland Veg. (spartina alterniflom), small fringe of joint 404/coastal wetlands,
upland species of pine and herbaceous shrubs
f. Man-matle haurss and vacs now p pact
This parcel of land includes a single family residence. The parcel has an existing pier,
platform, (2) boat lifts and a PWC single pole lift.
g. Idenofyand desodbe the existing land uses adincem to the proposed project see.
Adjacent properties are designated for similar use (single family hoines/docking
facilities).
It. How does Ixat government zone the tact?
i. Is the proposed propot consistent mth the applicable zoning?
A F I
(Attach zming compliance cemfwe. a appl,oable)
i]Yes ONo XINA
(. Is the proposed WIrvlry pan ofan urban watefrront redevebpmert proposal? []Yss XING
It, Hasa prWessional anhaeobpical assessment been time faiths tad! N yes, abash a copy. []Yes ONo XINA
8 yes. by whom? Rl
I. Is the proposed project boated in a Naborul Registered Historic t ismot or does it Involve a 0Y•s 0No XINA
National Repster Gated or efigible property!
<Fonn continues on next page>
t )-808-2808 .. 1-888.4RCOA8T .. www.e.
Ir„an,ai,. .'. ,;,(.k4
:CEIVED
MAR 0 7 2022
DGM-MHD CITY
t7CM YVlLMlf`IGTOW Nt.

Forst DCM MP-1 (Page 3 of 4)
APPLICATION for
Mojor Development Pemlit
M. (Q Are there wetlands on the site? [XYes ONO
(ii) Are there coastal wetlands on the see? X)Yes ONO
(III) If yes to either (i) ar (iit above, has a delineation been conducted? Oyes X [No
(Attach documentatfon, ifava)tabht)
n. Describe*xistngwasmwawr[re eMracilities.
Brunswick County Sewer
is. Describe eNstng drinkip water supply soume-
Brunswick County Water
P. Describe a dallaig storm water management or reaertsrt systems.
N/A
& Acidvltles and Impacts
a. Will the Willed be tot eommerual. public, or private use? Oco.menual Public -Government
Private X Iprmatelcommucey
b. Give a brief description of purpose, use, and daily operations oetw project when oompNb.
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'.
O. Describe the Proposed constructor methodology. types of construction equipment to be used during construconto nwnber o'eachtype
of equ ipirent and where it is to be shred.
Standard marine construction techniques for piling installation, plalfonns, roof. Work will be completed by
access via upland. Solne work may be completed by barge if necessary.
d. List all development actirems you propose.
The proposal includes shifting the floating dock, (2) boat lifts, and single pole PWC lift waterward
approximately 30' up to the USACE setback.
e. Are the proposed adivifies maintenanee d an existing project. new work, or both? Both
L What is the approximate idtal d sturbed land area mauling from the proposed preieot7 1,519 X ISgTt orOAcns
g. Will the proposed proj#a encroach on any public easement. public aoceaway or other aria OYes X No ONA
that the public has established use of?
h. Describe location and type of existing and p'oposed discharges to warn or the Nate.
N/A
t
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ONO X NA pCM
If yes. will this discharged water be or the same salinity as the receiving waer? OYes ONO X NA
i. Is there any mitigation proposed? []Yes ONO X NA
y yes, attach a mtgation proposal.
<Form continues on back>
f;i-U.iUr_U
:CEIVED
�R 0 7 2022
MHD CITy
FEB 18 2022
.'.G1-908 2h0a :. i-t1NN-q (iG GASP ;; www.nc constolmnnayemeVCVwIIMINGTON-NC

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
M addition to this completed appkcabon form, (MP. 1) the loanwing items below, if appkoebte, must be submitted An order for Me application
package to be complete. Ifems(a)—(i) are a/waya applicable to any major development appb'ution Please consud the application
instruction booldet on how to property prepare the required gems below.
a. A project narrative.
b. An accvote. dated work plat (including plan view and cross-soctmnal drawings) drawn to scale. Please give rho present status of the
proposedproject. Is any portion already compete? N previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to Wide agency personnel uMamiliarwlth the area ro the sib.
d. A copy of the deed (with state application only) or other instrument under which the app'icant claims [do to the affected properties.
it, The appropriate application fee. Check or money order mado payable to DENK
1. A list of the names and compteb addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have reran od a oopyot tin application and plats by urtified mail. Suoh landowners must be advised that they have 30 days in
which to su broil commands on the proposed project ro the Dive on of Coastal Management
Name Kathryn Michele Langford
Address 9301 Peakwood Dr. SW Calabash, NC 28467
Nan» Starshore Views LLC. (John Kindt)
Add1ess 12837 Riverdance Dr. Ralei¢h. NC 27613
Name Phone No.
Address
g. A list o• precious slate or federal permits issue"•or work online project Vac[. In< ride perms numbers, permiaeo. and issong dales.
CAMA GP No. 66536
h. Signed co[euUnt o[ agent authonzason/orm gapplicable.
i. Wovariddehneation.ifnecessary
j. A signed AEC hazy-d notice for prgem in ooearMmt aM inlet areas. (Mwtbe a1fmdbyproperfy owner)
statah"nt of compliance wiltthe -N—C raonmenlai Policy Ad(N. .S. 113A I -I ),' necessary. N the pmjesiirnofires expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Pary Act.
I lmderstand that any permit issued In response to this application will allow only the developtnent described in the application.
The project Will be subject to the condbDria and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant peril.: im to representatives of state and federal review agencies ntop—
enter on the aforementioned lands in cormectan with evaluating information related to this perkt application an kt-1.2C VED
monitoring of the protect.
I further ceMty that the Information provided in this application is truthful to the best of my knowledge.
Dale 2/15/2022 Print Name Robert Burney MAR 0 7 2022
Signature Rob[M1B. Burry ifel n,}O]il .Sl EST)
DCM-MHD CITY
Please indicate application attachnments pertaining to your proposed protect. a�f
CIOCM MP-2 Excavation and Fill Information DDCM MPS fridges and Culvarls RECE NE V.I
EIDCM MP-3 Upland Development
c DCM MP-4 Structures Information
FEB 18 2022
252-00e-2000 :: f.+www.nocoaslalrtanagemenr.nel

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Artist)
Attach this fomt to Jant Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (1) Is the dockinp'aoility,'manna:
❑Commercial ❑Publio'Govemment XlPnvate/Community
o. (1) pock($) and.+or per($)
(h) Number
2
(iii)Lenpb
]6' 222r
(N)Wlddt
B'
(vi Fkusng
XIYu X►In
❑ Their sectlat nor cloplicabfe
b. (, Will the f o l" open to the peneral public'+
[3Yes a No
d. WAn Royer Peninduded? OCYes []No
N yes:
(tit Number
2
(iii)Length
21r/27'
(iv)Width
_6
(w) Floating
[]Ye$ X No
•. (1) Are Platforms included?XIYes ONO f. (i) Are Boadils included? X ]Yes ❑Na
eyes: 2 (yes: Z
i) Number (o Number
gi) Length 8' / �' (iii)Length 1 3'
(IYI Width 101 19, (N)Milt, 13'
(vl Floating ❑Yes ,XIVo
Nohr Roiled areas are oafcufa4d Irons Ormine dimens.bns.
p. (i) Number of slips proposed
0
fill Nul o'slips exiting
3
I Check the proposed lype at s Nng:
❑ Land cut and access channel
[]Open water; dredging for basin and!" channel
X Open water no dredging required
QONer; please describe:
k. Typical boatlenpth:2O-2S'
m. W Woo it* facility have tie pilings?
OYn XINo
(k) N yes number of to paings?
N/A
h. Check all the types o' wrvlcss to be provided.
❑ Full son-ce. Including travel 0 andfor nil, repair or
maintenance service
❑ package, hrtl, and m ,ne supp Its 3
X Dockage('sveralips') only, numberof slips:
❑ Dry storage; number of boat. _
❑ Boat ramph); number of boat ramps:
❑ Other, please describe
j. Describe the typical boats to be served le.g , open runabo d
charter (oaks, sail boats, mixed types).
Open runabout
RECEIVED
MAR 0 7 ?022
I.(it WiIthe hcilitybeopen tothe general public?
[]Yes X)No DCM-MHD CITY
FEB 18 2022
252Nas2608 :. t ee+t 4NCDAST ;: www,neeoastalme��.urement.nxt Ir;,41G111de�i 'd�t;E41G a

Form DCM MP -A (Stauctsl Puffv 2 of A)
2. DOCKING FACILITY/MARINA OPERATIONS
x Tfbs sedlon not apOl ble
a. Check each d one following sarturyfacililin that will be included in the proposed project.
❑ OTice Toilets
❑ Toilets for patrons; Number _ Location:
El Sbow in,
❑ Boathil itq tank pumpout; Grier type and location:
b. Describe reaenent type and disposal location for all sanitary wastewater.
c Describe the deposal of solid waste. 9sh offal and rash.
d. Hov. wdl overboard discharge of sewage ham boats be controlled'
e. (i) (fibre be localoo antl number of Wo Sewage Discharge signs proposed.
(k) Sin the location and nsaber of'PtmyotdAvaibbW sll proposed
Describe the spi det if applicable. for cortaining industrial type pollutants. such as paintsandblasting waste and peroleum prod Uc
g. Where wig residue hom iessel maintenance be disposed o"
A. Giveme number orchannetmarkers and'No Wake' signs proposed.
i Give the lo:abvnd ruelJhandling facilities, and describe the safety measures planned to protect area water quality.
j What will be fee manna policy on overnight and 1weaboard dockage'
EIVED
k. Describe design measum that promote boat basin flushing'
I Irthis"Octisanekwnsionofanexistingmanna.WhattypesOfeeMCeearecurrentlyprovided'
IM R 0 7 2022
DCM-MHD CITY
,,:.n08-I606r 1.88eJk0.�irLp::_-.. ei,'I-Y::Aa ilg(anayppuh_u.t h.l:4': 7

Forest DCM MP ^ (31nu;tun ::, P:np. -i nit 4)
m. Is the marmaidocking facility proposed within a primaryor secondarynurseryarea?
DYes (]No
n. Is the mannaldocking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes ❑No
o. Is the marinaldooking facility proposed within or adjacent to coastal wetlandsimarsh (i submerged aquatic vegetation (SAV I. shell bottom
{SB). or other wetlands(WL)? Many boxes arc checked, provide the number of square feet affected.
0CW ❑SAV ❑S8
[1WL ❑None
Is Is the proposed marmaldocking facilitylocated within or within cose proximi any shelfish leases? E]Yes QNo
Pyes, give the name and address Mthe leaseholdensl. and give tine proximity to the ease
J. BOATHOUSE (inducting mmi ed volts)
a (i) h the boathouse swaure(s):
0Commfrcial CIPubho'Govemni ❑Pnuate'Cmr.meniry
(ii) Number
(iii) Length
(is) Width
Note: Roofed areas are cak.i from d i e dimensions.
i. GROIN (e g, WOW,, sheetpile, etc if a rock groin, nse W-2, Eymstation and Fie.)
a. (i) Number
(k) Length
(iii) Width
6. BREAKWATER (eg., wood, dieti4xv, etc.)
a Length
c. Maximum distance beyorA NHW. NWL or wetlands
x This section not applicable
x Tons section not appkmbk
X IThis section not tiWoobfe
In Average dntanm ham NH%V, MVL, or wetlands
6. MOORING PILINGS and BUOYS x This sedilen ndt appicabte
a. Is the structure(s) b. Number
[]Commerdal (]Pubhc,'Gcnmmment ❑Private'Community RECEIVED
c Distance W be placed beyond shoreline _ d Descriptiono/ buoy (color, inscription. sae, anchor, etc.)
Note: This should be measured horn marsh edge, if presen!
keAa n 7 2922
lI�N►�i a►�i �
e. Arc of the swing
y-�u i a zo22
252-8084808 n 1-888-AIRCOAST a wlywal coastalmanagerneulyne� rovleeA: 17:27i00

f urm DCM MP 4 (Structures, Pipe 4 of 4)
7. GENERAL
a. ProxirnityofstruMm(sltoadjaoentripadanpropertyhres
—23' and >80'
Note. For buoy or moodngpAnp, we arc of swing nduWng length
ofvesset.
t. Widlhofwawbody,
—624'
e. W Will naneationalaids be rtq.,.d as area✓t o'the p^olectl
OYes ONo XJNA
(11)1! yes. explain what type and how they wi k be implimeMed.
& OTHER
b. Proximdyofstwdwe(s)badjacentdochinpfacilices.
—200' and --100'
d. wawaWffiatwauneameWare.twaeatNLWwNwi
-3.98' Q NLW
Depth taken 1/27/22 Low Tide
❑ 7Ws secbm riot sppic hfe
a. filre campNM destxipebn:
The applicant is proposing to relocate the water dependent structures of his docking facility
approximately 30' waterward. This proposal would relocate the 2 existing boatlifts just landward of the
USACE setback in the AIW W. A pier extension (6' x 22') would be installed to access the boat lifts and
floating dock. The design would match the existing docking facility shifted further waterward. Two 13'
x 13' boat lifts would be installed on the sides of the floating dock and 2 finger piers 6' x 21727' will be
installed to access the 8' x 10' fixed platform. The PWC lift will also be shifted waterward. A new
platform (8' x 191) is also proposed waterward of the existing roofed structure.
2/15/2022
Date
Burney Docking Facility
Pnyect Name
Robert Burney
Applicant Name �obe`t S'".
eobataeumw pe, ts,ion, esn
Applioanl Sipnaatre
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
RKLIN0)
FEB 18 2022
212-808-2808:: 1-088 4RCOAST:: 2% . . I r:,tmau aaemenl.net revised- 42/2700

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
SENT VIA EMAIL
Robert Burney & Kimberley Gob
c/o Ben Brink (CPG, LLC)
9293 Peakwood Dr. SW
Sunset Beach (ETJ), NC 28467
SENT VIA EMAIL
NORTH CAROLINA
EnvironmentalQuallty
March 3, 2022
RE: CAMA Major Development Permit Application — 9293 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 9293 Peakwood Dr. SW, Sunset Beach (ETJ), Brunswick
County, NC. It was received complete on February 23,d, 2022 and appears to be adequate for processing at this time.
The projected deadline for making a decision is May 91' 2022. An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those circumstances, this letter will
serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from February 23rd, 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,
t�
Brendan Brock
Field Representative
cc: Cameron Luck, MHC Katie Atkins, LPO WIRO DCM
USACE Holly Snider, DWR Robert Burney& Kimberley Goh, Applicants RECEIVED
D Q��
MAR 0 7 2022
North Carolina Department of Environmental Quality I Division of Coastal ManagemeennttM—"-'" '®MY
Wilmington Office 1127 Cardinal Drlw Extension I Wilmington, North Carolina 28405
910.7%.7215

C
07�
CAMA PERMIT
APPLIED FOR
Applicant proposed to extend an existing
0
County.
COMMENTS ACCEPTED THROUGH March 31 2022
P�PXLICANT:
Robert Burney & Kimberley Goh
c 293 Peakwood Dr. SW
v
N Mn-
O
ggent_• CPC, LLC
Ben Brink
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
i1
127 C - — �-
G�■ V■
r

ROY COOPER
lavenmr
ELIZABTH BISER
se,"lary
BRAXTON DAVIS
Diwh".. Dleddwr o%Googol Management
March 7, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Robert Burney & Kimberley Gob
Hello: Please publish the attached Notice in the Thursday, March 10, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management,127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office. n
M P W'
Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
RECEIVED
MAR 0 7 2022
Stale of North Carolina I Enviromnental Quality l Coastal Management ®L+jy'—��® CITY
127 Cudinal Dave Ent., Wilmington. NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On March 3, 2022, Robert Burney & Kimberley Gob proposed to
extend an existing two (2) slip docking facility to the established Federal Channel Setback pier head line at
9293 Peakwood Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County. Copies of these applications
can be examined or copied at the office of Brendan Brock N.C. Dept. of Environmental Quality, Division of
Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone] during normal business
hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to March 31, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
MAR 0 7 2022
DCM-M,Hg ni ry

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
Robert Burney
Mailing Address:
K0 box 71077
M)•rlle Beach, SC 29572
Phase Number:
843-995-0830
Email Address:
robertbumey#atmc net
I certify that 1 have authorized
CPG,LLC
Agent / Contractor
to act on my behalf, for the purpose of applying for
and obtaining all CAMA permits
necessary for the following proposed development:
docking facility—modircation
at my property located at 5293 Peakwood Dr. SW
in Brunswick County.
L furthermore certify that t am authorized to grant, and do in fact grant permission to
Division of Coastal A4anagement state, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application. RECEIVED
Property Owner Information:
,7�6er.' �' �rr�-heu
Robert B.6urn[ �Fef B,IOI}: pP t5 )
Signature
Robert Burney
Print or Type Name
Property Owner
Title
l 25 1 2022
Date
12 31
This certification is valid through
2023
MAR 0 7 2022
DCM-MHD CITY
SECEIVI
FEB 18
(DCM WILMIrt

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIOWWAIVER 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:
Robert Burney
9293 Peakwood Dr. SW Calabash, NC 28467
Mailing Address of Owner: 9293 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 drawing, with 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 of 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
1 understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15from 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 15' setback 1/� K
-OR-
sognatWre of Adjacent Riparian Property Owner
I do not wish to waive the 15' setback requirement (initial the blank) RECEIVED
Signature of Adjacent Riparian Property Owner.Ca if% k
StarhVfdws LLC John Kindt MAR 0 7 2022
sore
Typed/Printed name of ARPO: ( �
Mailing Address of ARPO: 12837 Riverdance Dr. Raleigh, NC 27613
ARPO's email: [e-mail]
Date: 2-10-22
ARPO's Phone#:
'walver Is valid for up to one year from ARPO's Signature"
DCM-MHD CITY
Revised July 2021
I F! 1 ii /01'�

2l9/22, 3:57 PM
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Your item was delivered to an individual at the address at 2:21 pm on February 8, 2022 in RALEIGH, NC 27613.
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Delivered, Left with Individual
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February 8, 2022, 8:10 am
Out for Delivery
RALEIGH, NC 27613
r-
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ut
I
Re1�+rY t I A L U SE
at
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c
" $3.75 0449
t
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February2022
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40.78 f0772022
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February 4, 2022. &03 pm
o
Volru q
Departed USPS Regional Facility
p
•W 30 V
RALEIGH NC DISTRIBUTION CENTER
t`
Fed 1 B 10�1
U 7 2022
CITY
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RECEIVED
MAR 0 7 2022
DCM-MHD CITY
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1128122, 12:28 PM
North Carolina Secretary of State Search Results
- File an Annual Report/Amend an Annual Report - Upload a PDF Filing - Order a Document Online - Add Entity to My Email
Notification List - View Filings - Print a Pre -Populated Annual Report form
Limited Liability Company
Legal Name
STARSHORE VIEWS, LLC
Information
Sosld: 1871002
Status: Current -Active O
Date Formed: 7/22/2019
Citizenship: Domestic
Annual Report Due Date: April 15th
Registered Agent: Kind[, Kelly
Addresses
Mailing
12837 RIVER DANCE DR
RALEIGH, NC 27613
Company Officials
Principal Office
12837 RIVER DANCE DR
RALEIGH, NC 27613
Reg Office
12837 River Dance Drive
Raleigh, NC 27613
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Member
John Kindt
12837 Riverdance Dr.
Raleigh NC 27613
Reg Mailing
12837 River Dance Drive
Raleigh, NC 27613
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
https://v .sosne.govionline_services/search/Business_Registration—Results 1f1

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.
Mailing Address of Owner: PD Box 17/077 My S ZQs 7
Owner's email: r �tw{�junrnpltl4hthtc,Iu� Owner's Phone#: 0y3—??5-_0b_'30
Agent's Name: �e,tn Bryn GP(, LLC) Agent Phone#:_110-3oz-572S
Agent's Email: �ev�NID�ua.f PrMr�-qt� Cvn-t
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that 1 own property adjacent to the above referenced property. The individual applying forthis
permit has described to me, as shown on the attached drawing, the development they are proposing. A
descri Lion or drawing. with dimensions, must be provided with this letter.
DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive 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 �iECEIVED
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by m
(this does not apply to bulkheads or riprap revetments) (If you wish to waive the setback, you must sign
the appropriate blank below.) MAR U 7 2022
1 DO wish to waive somelall of the 15' setback r�
Signature ofAdjacentRiparian Properly Owner. nCM-MIHD CITY
O R-
I do not wish to waive the 15' setback requirement (initial the blan
Signature of Adjacent Riparian Property
Typed/Printed name of ARPO:
Mailing Address of ARPO:
ARPO's email: Whi. Idrf V(��=7 ARPb's7�Tioni#:
Date: o?ib on A waiver is valid for up to one year
ralabitkN( Zog67

W;�( A El DREDGE a FILL N4 66536 A B C OD
(4NENERAL PERMIT Prevlouspermit#
�,�, ❑ModNlcatlon ❑Complete Reissue ❑Partial ReissueDate previous parmlt luuedAs autortzedby the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concem pursuant to 15A NCAC ❑ Rules aVnached.
Applikam Na. j�(�_ Protect Location: CounryIN�lnlZ t-
- — --
Address (Z D 6/2>r 1 i I D-7-
City /Y `� IiV1 State ZIP ag5ti a�
Phone # (_) E-Mall
Authorized Agent I� a � /'tit C
Affected OcW i( �TA OES
AEC(s): OOFA ❑ HHF 61H ❑ USA O WA
❑ PWS:
ORW: yes / no PNA yes / no
Tfim of Pro)ett/
mr\� 4wa
Pier
Fbod Mats) La
Floating ptadarm(s)
Finger Plsr(s)
Groinlength
ny
er
Wkhe
a01
Basn,
Ba.datrae' gt 13, 13.
3 1
Beach BWWozka _.__�
Od— 4`
t--
shoreline LwWth
SAM stare yes
MoratotNm: rJa yes
Phataa: yea
Wahrr Atndred:
Street Address/ State
r,
hY JWlSYl1 Vt ZIP dD il_t�
# ��)a as—�3 D River Basin
Ad(. Wtr. Body_ man union)
Closest Maj. Wtr. Body— -�-`
(mot 1' = H d t >
�.��L1
r
Tr�
►lYe1a1
- '�
-
t -.
�
a
�iIII�
r
■■!1■■
A
mom
■%iiG
mom
■ip
i®
►
i■
yes r
A building permit may be required by: -Toy* OT
( Note Loaf Planning Jurisdiction) ' No
Notes/ Special Condleloro C{ 4
�sUBr-
APPlkadorr Fees)
read compliance statement on back of permit «
Check N
❑ See note on back regarding Rhrar Basin ruIeL
MAK U i ZUZZ
DCM-MHD CITY

,ICAMA / DREDGE i FILL J /i I (I 11
t" (jam A B C D
ENERAL PERMIT Previous permit#
flew (!Modification l JComplete Reissue Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environment and Natural Resources
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC
i Rules attached.
Applicant Name ;i-pb A A-Yw q _ Project Location: County .. _
Address �, (��( % U-7� Street Address/ State Road/ Lot #(s)_
city '"\ f ZIPt615-lZ
Phone # ( ) E_ I Subdivision colkV1 �t� t/f
Authorized Agent I)11�(_M) Awl �—L&Vss Cl 9f&V, City, d T eli ZIP 2 �11_OO -
I -a vt d�`//
Affected i,ew ;SEW )(YTA DIES OPTi MOSCI APhone#(11D_)lLj-_15 0 River BasinW1'v1 Clr
AEC(s): L OEA HHF i . IH I UILA ❑ WA C
II PWS: Adj. Wtr. Body _-� (not /man /tnkn)
ORW: yes / no', PNA YA/ no Closest Mal. Wtr. Body INl1�
Type of ProjecU Activity
Pier (clock) length /
Fixed Platforms)
Floating Platformis) /
Finger pitt(s)
Groin length
number
Bulkhead/ Riprap lepgth
avg distance pffshore
max distance offshore
Basin, channel
cubic yids
Boat ramp
Boathousd fioatkft
BeaYr Beach BvIldong I i�
Other
r
11 ,1 1 1 1 j 1
Al wb
i
� •_.1.: .a NL W
KILN/-----�Z.t-----
(Scale: )
Shoreline Length IJ
SAV: not sure yes no
1'I
Moratorium: Na yes no )r � � ') �' (/( Li''1 VM r ( S -
Photos: yes no l '
waiver Attached: yes no
A building permit may be required by: 1 OWV1 e J LO SC � 61"W fq See note on back regarding River Basin rules.
( Note Local Planning)urisdiction) Notgs/ Special Conditions ,r t 1117QO ) "',0 [1 /' �� �"( f 04 n 0 J
rr -1c..r (E�'h Uh1r\C n'r/Ir l/1r ��OtIV I/.C` LMAx YltVW1Q� ,rr�
`1 1-,(Zr r,tS'sio<. HtZ?�I
-CtC Sort✓1
Agent or Applicant Printed Name
{
Sgnature " Please read compliance statement on back of permit"
Application Fee(s) Check #
t- t, t (' MAR 0 7 2022
Pcrm¢ORccr's PriNpolJtlne
Signature ,�.__ - ®Cnd_n HD C
nzh3 ?0l"7 b /
Issuing site -- -- - 0(,/ n O �

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Is 1: 75004t that this pal was FreiIr,YeLLdidrMnc�IrrysU G.S.
q7-30 as amen ndOl "in. my rlglnal Jiggp�sOrn�•Jl
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and seal thle
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Workshop Final M-Bullt and Boundary Survey Of
LEGEND :
Existing son or Iron Pipe
I Aar Tract W
tract A - Section 1-A - D.C. Sio Demlepemmt - poory Stand Acd.
_¢ New Iron Pips SO
11 rr
KimberleyB C Coh—Burney & Robert B. Burn",pld
Edetkp Carrier (Type Noted)
REFERENCE
—Sh.mit. Towmhlp MInnkk CMmNy. N.G.
Deed Book 3553. Page 229
60 120 160
Deed Book 1857. Page 110
0
Map Cabinet 32. Pop 214
Map Cabinet 25. Page M5
Orophk Score - Feet
NOTES
Scots 1" 60' 2026 (Harm Final)
i. N0a By Coordinc es
Rev. F ra0.
Rev. Fearuary P. Tma (WwYNep rMm
kZn0hq Well
2. Fenno Flood Mop W
In Firm Zone X. VE 16, Community
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ace being
Panel 375359 ID34 K. 8/28/I8.
/((�J(\ FO"I"g11G
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9WtOIR II( 70ee9 DC
t'40) !aA',Acb IA
3, Toe Parch No.r 2550002830 M 2550D02821
l'A0) IhA e30(7
r vW 1 ne INWI Wpeun+rr, etrtnl
0 7 2022
CITY

NO
I�Illl�lhllllll�llll l�llY. lll�llr o P1243 ; z'
eraW. n. cf.r an. R.y(.1.r of D..d.
09-11-281e 1e:Ie:e7. a" erum„Ick County, NC
NC REVENUE STRAP: SIe3e.N (R{e2e]e)
� :; t3lg ae•,tf3Ptiot
Ck#019t Cash
rL.lvb: CashS_FiMea-
G f9iaMaRs.+.rlaw npaedvebmreern
L__::_La..tt rc Woe: .eceo emi'e1
This instrument prepared by BaxieySmithwick PLLC, licensed North Carolina
attorneys. Delinquent taxes, if any, to be paid by the closing attorney to the
Brunswick County Tax Collector upon disbursement of closing proceeds.
NORTH CAROLINA GENERAL WARRANTY DEED
STATE OF NORTH CAROLINA Parcel # 2550002821
COUNTY OF BRUNSWICK
THIS DEED, made this the 9th day of September, 2015, by and between CHARLES
VEACH and wife, DEBORAH VEACH, of 750 Conrad Hill Mine Road, Lexington, North
Carolina, 27292, party of the first part, hereinafter referred to as Grantors, and KIMBERLEY
B. GOH and husband, ROBERT B. BURNEY, of PO Box 71077, Myrtle Beach, South
Carolina, 29572, party of the second part, hereinafter referred to as Grantees;
WITNESSETH:
THAT the Grantors, for a valuable consideration paid by the Grantees, the receipt of
which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey
unto the Grantees, their heirs and assigns, in fee simple, all that certain lot or parcel of land
situated in Shallotte Township, Brunswick County, North Carolina, and being more particularly
described as follows:
Being all of that certain tract or parcel containing 1.0 acres, more or less, as
shown on a survey by James R. Tompkins, PLS, dated June 19, 2003 which
survey is duly recorded In Map Cabinet 28, Page 385, Brunswick County
Registry and incorporated herein by reference for greater certainty of description.
For back reference see deed Book 1857. Page 110. Brunswick County Registry.
In accordance with NCGS Section 105-317.2, the mailing address of Grantors and
Grantees are as stated above. The property herein conveyed does not include the primary OD
residence of Grantors. �N�V�
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and h�D�.
appurtenances thereunto belonging to the Grantees in fee simple.
AND the Grantors do hereby covenant with Grantees that Grantors are seized of the
premises in fee simple, that they have the right to convey the same in fee simple, that title is
marketable and free and clear of all encumbrances, and that Grantors will warrant and defend -A AN\�
the title against the lawful claims of all persons, whomsoever, subject to the following
exceptions: utility easements o1 record, restrictive covenants of record and 2015 and
subsequent years' ad valorem property taxes. RECEIVED
MAR 0 7 2022
DCM-MHD CITY

IN WITNESS WHEREOF, the Grantors have caused this instrument to be duly
executed, the day and year first above written.
Charles Veach
C orah Veach
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
I certify that the following persons appeared before me this day, acknowledging to me
that they voluntarily signed the foregoing document for the purposes therein slated and In the
capacity
therein Indicated: Charles Veach and wife, Deborah Veach.
Date:
I�JSL6L t�C��
Na a is signature
Indary �IunO a Malt
........ Notary's Printed Name: c aa..t �rl r a n c
cG" y.pMNF QF'�oc,
My Commission Expires: 0-LO
_y aow.rrveeoo9:
9,_ �rvmnlc� Coun4 i
DEB � 6 2022
RECEIVED
MAR 0 7 2022
DCM-MH,D C!'y

r
i
s
_ m N
2. of
' m to
� 3
n A
CD a
3 0
o °a
Intracoastal Waterway
i
i � W
N
I • A
F jt s a
j 7V
AZ
Pea wood; S( '1
0

Location Map: 9293 Peakwood Dr. SW Calabash (Brunswick)
Burney Docking Facility
- AEbEIVED
4� MAR 0 7 2022
DCM-MHD CITY

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC'
Fee:$,VAO #%V10
r CDAITS _ . MHC cc
Applicant:
Agent/Contractor:
Project Site County:
Staff: a
rO`L
District: Wilmington
Project Name:
I
Rover File: n/a
River Basin: tZ
Initial date of application sub ' I:
_t 0
Date application "received as complete" in the Field office:
2
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: Yes o PNA: es No
Photos Taken: Yes No
Setback Required (riparian): Yea PNO
Critical Habit : ❑Yes o Not Sure
15 foot waiver obtained' es []No
Hazard Notification Returned:
[]Yes 2No
SAV: ❑Yes FdNo ❑Not Sure
Shell Bottom: ❑Yes �No ❑ Not
Temporary Impacts: es ❑No
Sure C
Sandbags: ❑Yes o ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: res ❑No
❑Yes VNo
Moratorium Conditions:
Environmental Assessment Done:
Lengtr of Shoreline:
❑Yes o ❑NA
[-]Yes PNo❑NA
±13y FT.
Shellfi h Are on:
Project Description: (code)
Development Area: (code)
Open - -Closed
, ()2 G.0
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
High Quality Waters (HOW) I ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
LJ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (BY) Salt reed grass (Spartina
alterniflors)
cynosuroides)
❑ (DS) Sall or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
N
APPLICATION FEE
El No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
El III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
El III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
II. Public or commercial/no dredge
HECEIVED
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
MAR 0 7 2022
acre; 4144 can be applied; DCM needs
DWO agreement - $400
DCM-MHD CITY

Applicant: 1 V /M. s Ju }mac. r� f`fc St U1
Date:
0
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
Chhorose
ChOoose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
ne
2
'
New Work
Replace
t
2
Maint ❑
New Work v$
❑ Y N
Replace
i
r
Maint ❑
❑ Y la N
�--p
G
Nee Work W
Maint ❑
Replace
❑ Y (9 N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
New Work 0
Replace
Maint ❑
❑ Y [IN
New Work 0
Replace
Maint ❑
❑ Y ❑ N
Now Work 0
Replace
Maint ❑
❑ Y [IN
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
tamp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
im act amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp im acts
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
O
Dredge ❑ Fill ❑ Both ❑ Other @Z
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 ❑
MAR 0 7 2022
919-733.2293 :: 1.888.4RCOAST :: www.nccoastalmananement.net —r 0

Date
Date
Check From
Name of
Vendor
Check Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number ! amount
Number/Comments
3/3/2022
Robert Burney
Burney & Goh
Synovus
8415
$250.00
major fee, 9293 Peakwood Or,
BB rct.
Sunset Beach BrCo NO Split
16906
0
n
a
m
n
_
N
N
N
m
M
v

OF
Major Permit Fee Schedule
Project Name: Jrr - Dbc�..r—�
J 4cr It
County, 9",-A.rcl
Gr —S,o—+
Chl No & AmQunt:
0
$yts
Development Type
Fee
DCM %
DWQ %
(14 00160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development (hat
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 if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied:
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 7. 2022
MEMORANDUM
NORTH CAROLINA
EnvlronmentW Qua[4
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDEN R.gov
SUBJECT: CAMA
Applicant: Robert Burney & Kimberley Goh
Project Location: 9293 Peakwood Dr. SW, adj. to AIWW in Sunset Beach, Brunswick County
Proposed Project: The applicant proposes to extend an existing two (2) slip docking facility to the
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 31, 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
AGENCY
SIGNATURE
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.
DATE
RECEIVED
MAR 0 7 2022
North Carolina Department of Environmental Quality I Division of Co�STaIl0f3d3yeUPD CI 1 i
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2840S
ern caa w l _'
910,796.7215

Burney Docking Facility (Supplemental Photos)
RECEIVED
1, ; ; a 0 7 2022
DCM-MHD CITY

Burney Docking Facility (Supplemental Photos)
Neighboring Piers built to USACE Setback

Page 1 of 3
Top View Drawing
Existing Structures
2/ 16/2022
Scale Approx. I" : 20'
Burney Docking Facility
AIWW
Waterbody Width: --624'
Shoreline: 157'
USACE Setback
....................................................................................................................................
-3.98' @ NLW
*Approx. RIC (not a survey)
Existing Floating Dock (8' x 161
Neatest Docking Existing Boat Lift Existing Boat Lift
Facility > 186' 0(12'x IT)0 •(12'x 12')0
#1 #2 r
. • • 1
Depths @ NLW 1272NLW
022 @
LW
v
_ 0
�
� r N
m
\\
v
N p/ C
9289 Peakw Dr. SIC
m
(Kmdt)
^'
�ASTAL WETLAND
Nearest Docking
Facility>122'
Existing Platform (6' x 10')
#3
Pier
y(4'x 10')
Pier Walkway (4' x 201
mg Single Pole PWC Lift
Existing Roof Driplinc Dimensions (14' x 19.51
aver (12' x 19') Platform
Coastal Wetlands to end of
Existing Pier(5'x400') existing docking facility: --154'
WETLAND
Upland
9293Peakwood Dr. SW
(Bomcy)
P/L
9297 Peakwood Dr. SW 9301 Peakw�ood Dr. SW
(Burney) (Langford)

Page 2 of 3
Top View Drawing
Proposed Structures
2/18/2022
Scale Approx. V : 20'
Burney Docking Facility
AIWW
Waterbody Width: —624'
Shoreline: 157'
V,
Relocatedfloating Dock (8' x 167
Proposed Boot Lift (13' x 137 Proposed Boat Lilt (13'x 139
..............................
-3.98' @ ........:...........•___._.._.� _+_..._..._
NLW
al A
92 Fw
Depths @ NLW 1/2712022
*Approx. RIC (not a survey)
F�
Nearest Docking
Facility>186'
o
�^
J
m
`
289 P K.
d�vood MF.�W
p <
N M
N v
c� o
N
_
•
-3.98' @
NLW
USACE Setback
...............................
Nearest Docking
Facility >1 221
• I I Proposed find Platform (8'x 10)
Relocated Single Pole PWCLift
43
C
Proposed fixed pier (6'x 271
D
Proposed Pier
Walkway (6'x 227 Proposed fs:ed pier (6'x 11') Proposed Shaded Impact:
(A) Floating Dock - 128 sq. ft.
-0.48' @ (B) Fixed Platform - 80 sq, ft.
NLW (C) Fixed Pier- 162 sq. It.
(D) Fixed Pier - 126 sq. ft.
Proposed faxed (E) Fixed Platform - 152 sq. ft.
E pi. or (d'x 197 (F) Roof Dripline Dimensions -273 sq. ft.
COASTAL WETLAND
F
TOW Proposed - 921 sq. ft
Shaded Impact Allotmem:
15T Shoreline
1257 sq. ft.
Existing Roof Dripline Dimensions (14' x 19.5')
over (12' x 19') Platform
Coastal Wetlands to end of
Existing Pier (5' x 400') existing docking facility: —154'
WETLAND
Upland 75
92931'eakwood Dr. SW
(EIurney)
P/L
9297 Peakwood Dr. SW 9301 Peakwood > SW
(Burney) (Langford)

Page 3 of 3
Cross Sectional
Proposed Structures
2/17/2022
Scale: NTS
Burney Docking Facility
Al VV W
N\
y
Existing Roof Dripline Dimensions (14' x 19.5') over (12' x 19') Platform
Proposed 81x 10' Proposed 6'x 17' Pler
1rirrdPlatform Walkway Proposed 8'x 19'Plarform
Proposed 6'x IT Pier y
El
NHW.... ........ ............. ........ .......... ......... ...............
Proposed Floating
Dock (8'x 16)
NLW......... .................." ........... ......... ............. ........ .......... .......--
-3.98' @ Proposed Boat
NLW LO(13'x139 _3.98'@
-0.48' @
NLW NLW
Existing Docking Facility Cross Section - -
moving 30' waterward
'how3
RECEIVED
t.4AR 0 7 2022
I ACM-MHD CITY

1 � J l�}��
y1
Y'�f

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-00568 County: Brunswick County U.S.G.S. Quad: Little River

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Robert Burney & Kimberley Goh

Address: 9293 Peakwood Dr SW
Calabash, NC 28467

Size (acres) Nearest Town Calabash

Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee

USGS HUC 03040208 Coordinates Latitude: 33.87226; Longitude: -78.55212

Location description: The site is located in Waters adjacent to the AIWW at 9293 Peakwood
Drive SW in Calabash, Brunswick County, NC.

Description of project area and activity: The proposal is to extend an existing 2-slip docking
facility to the established pier headline at the Federal Channel Setback to access deeper water
along the AIWW. An 8' x 19' open platform will be installed at the waterward end of the existing
14' x 19.5' gazebo. A 6' x 22' access pier will extend southeast from the proposed open
platform and lead down a gangway to a perpendicular 8' x 16' floating dock that will be
relocated from its existing footprint. The existing boatlifts (Slips 1 & 2, Sheet 1 of 3) will be
relocated to the east and west of the relocated floating dock and terminate at the landward
edge of the USACE Federal Channel Setback. A 6' x 21' finger pier will extend west from the
waterward end of the proposed 6' x 22' access pier and turn south onto a 6' x 27' finger pier. A
single-pole PWC davit lift will be relocated approximately 13' down the west side of the
proposed 6' x 27' finger pier (Sheet 2 of 3). The finger pier will continue south and terminate
with an 8' x 10' open platform at the landward edge of the USACE Federal Chanel Setback.

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

Authorization: Regional General Permit Number: 197800056

Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.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, 17 and 18, 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-2022-00568 County: Brunswick County

Permittee: Robert Burney & Kimberley Goh

Project Name: 9293 Peakwood Drive SW / Calabash / Brunswick

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
3

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

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