64-22 Gilmore & Wilson

Tern�iit Class
NEW
Permit Number
64-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Martin Gilmore and Christopher Wilson, 1921 Virginia Rd. Winston-Salem, NC 27104.
Authorizing development in New Hanover County at adi. to AIWW, at 121 & 123 Beach Road S..
Figure Eight Island, Wilmington as requested in the permittee's application dated 2/20/22 (MP-
1) and 2/25/22 (MP-4) , including drawings (3) Sheets 1-2 of 3, dated 12/01/21 and Sheet 3 of 3, dated 2/28/22.
This permit, issued on June 3, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject.to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the dock, pier, 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 authorizes a maximum of 2 formalized boat slips.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for cdmpliance.
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 Pennittee

Gilmore and Wilson
".- t 1�11CIRK111MOtI0V110 61
r_
Permit No. 64-22
Page 2 of 3
3) No portion of the authorized docking facility shall extend more than one quarter 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.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring.
Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee
is responsible. This prohibition shall be applied and enforced throughout the entire,existence of the
permitted structure.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) 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.
7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation
and shall not exceed the dimensions shown on the attached permit drawings.
8) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts
of the structure and the Northern adjacent property owner's area of riparian access.
9) Should 123 Beach Rd. S. be sold prior to the initiation of construction of the docking facility, the permit
shall be transferred to the new property owner prior to the construction of the docking facility.
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.
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

nore and Wilson Permit No. 64-22
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20220352
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: Luc, — Permit #: 6 4 —?_-
MAILING DISTRIBUTION SHEET
Permittee: /IIAc''V' lwerc 4`eob� , 192 Inl hc% -� �e+^', N(- 2�C1
Agents: ¢�ck
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington lava(OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at Environmental. [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
Jimmy Harrison
Washington: Chris Pullinger-401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARO) .
Natural Heritage Program Rodney Butler
LPO: lva'" "ram
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Martin Gilmore & Christopher Wilson COUNTY: New Hanover
PROJECT NAME: 121 & 123 Beach Road South
LOCATION OF PROJECT: 121 & 123 Beach Rd South, adj. to a canal, Figure 8Island, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-27-22 f vfID
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A ��GG` G
FIELD REPRESENTATIVE: Elks
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-9-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 5-13-22
MAIL OUT DATE: 34-22
PERMIT FINAL ACTION: ISSUE DENY
DISTRICT OFFICE: WILMINGTON
FEE REC'D:$250#2660
END OF NOTICE DATE: 3-30-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 3-30-22
0p,0110?
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
:2'Z 7,
/n��
t=Cv.1 ot�.
DCM — LUP Consistency Determination
yt 0
Local Permit Officer
5
Corps of Engineers — Regulatory Branch
DWR-401 Section
Z
0 2DZZ
DWR—Public Water Supply
X
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
3
DMF— Shellfish Section
L�
5
DMF — Habitat & Enhancement
3
DNCR — Archives & History
O
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
31

DCM Coordinator: Cam Luck
County:
N q-
Permit #:
WIRO E-MAIL DISTRIBUTION SHEET
Circle on : Bio Repo / Permit for: 1 v 1 Q � 0 /y, �C pew
Oversize : l0�' � 1Yl/IITLQ WI du1
DCM Offices: I�
Morehead City: PT (if oversize) via Courier _
'cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
'MHC documents (Cam & Amanda)
Wilmington: Original hard -copy
ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: der & Carteret Co): PN, CL, Reports, Split Sheet _
use both r [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
l Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: ley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
r - 401 (PN/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources: V4eri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
----- —------------------ —--- ---------------------------------------------------- -------------- ------------------------------------------
Marine Fisheries: /Iim Harding
DCM Planner/WiRO: /e Christenbury _
Cultural Resources: v/Renee Gledhill -Earley Environmental. Reviewan-ncdenr.eov_
Natural Heritage Prog. /odney Butler _
DCA-Rural Eco. Dev: Volark Ziegler
NC DOT: vXavid Harris _
Wildlife Resources: Varia Dunn w/Reports
State Property Office: Xii Walton: DEED _
Moser
V_
da Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation: %/Jeremy Humphrey (Bio) / Shannon JqRkiRa 6FW_
�9 aron Gupton, Admin.
DEMLR: ✓istine Hall - Stormwater Section Chf _
/Vr Sams - Land Quality Section
Public Water Supply: ,/Heidi Cox _
City of Wilmington: a r n hur
Enforcement: V/1eld Rep: W�q"�Le
Co. LPO �,/l�l�vi�ivt� gw�FFa�J RECE�VE�
Agent:
`�j MAR 012022
DISTRIBUTED: ✓ �'� p�M_N1N� GIN

RECOMMENDATIONS FOR 121 & 123 Beach Road South, Martin Gilmore & Christopher Wilson 3/412022
121 Beach Road South:
Shoreline length: 43' x 8' = 344 ft2
Proposed pier = 6' x 9' = 54 ft2 (credit)
Proposed fixed platform =10' x 16' =160 ft2
Proposed floating dock = % (8' x 24') = 96 ft2
TOTAL = 256 ft2
123 Beach Road South:
Shoreline Iength:101' x 8' = 808 ft2
Existing pier = 5' x 30' =150 ft2 (credit)
Existing fixed platform =10' x 16' =160 ft2
Existing floating dock = 20' x 12' = 240 ft2
Existing boatlift =13' x 13' =169 ft2 (not cc
TOTAL =
It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the
pierhead line, the eight -square foot rule and the pier width rule. The adjoining riparian line proposed to be crossed is shared
by the co -applicants. This office has no objection to the proposed work, provided it is consistent with all other local, state,
and federal permitting requirements and any permit issued should include the standard permit conditions for private docking
facilities.
RECEIVED
MAR 0 9 2022
pCM_MHp CITY

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Martin Gilmore
and Christopher Wilson, New Hanover County
Date: June 6, 2022
Consistency Determination:
This project is consistent with the New Hanover County Comprehensive Land Use Plan.
The applicant proposes to replace the existing 2 slip docking facility associated with 121
Beach Road South with a new 2 slip docking facility that would cross the shared riparian
line resulting in 3 formalized slips within one riparian corridor. The project is located at
121 and 123 Beach Road South on Figure Eight Island in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and
PTA. Waters at the project site are classified as SA-ORW and are open to the harvesting
of shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Developed while the AECs impacted by
the work are classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The New Hanover County
Comprehensive Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
This project is consistent with the New Hanover County Comprehensive Land Use Plan.
Cc: File
RECEIVED
JUN 062022
MP SECTION
DCM MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
DATE: May 2, 2022
FROM: Holley Snider I�S
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWRf120220352
No Written Approval Required
PROJECT LOCATION: 121 & 123 Beach Road South, Figure 8 Island, New Hanover County
Wilson and Gilmore Docking Facility
PROPOSED PROJECT: Reconstruction of a two -slip docking facility
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated February 20, 2022 and received by this office on March 4, 2022. The waters of
Middle and Topsail Sound are classified as SA;ORW by the Division of Water Resources (DWR).
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 150E by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.COM/ or by
calling the OAH Clerk's Office at [phone] for information.
RECEIVED
MAY 0.2,2022
MPS ECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
omrmw�www� /'� 910.796.7215

ROY COOPER
covernor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckO N CDEN R. gov
SUBJECT: CAMA
Applicant: Martin Gilmore & ChristopherYYilson
Project Location: 121 & 123 Beach Road South, adj. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor.
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X_ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. Replacing two slips totaling four slips
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE W MLd(4- L4_"_,l!A_ t t0 DATE _March 22, 20Z�_
May "'"'; 2
MP
DCM - N;HD CITY
ig North Carolina Department of Environmental Quallty I Division of Coastal Management
D_E � Wilmington Of m 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405
..maosoy� /'� 910.796.7215

d 5FATZ,
ROY COOPER
Governor is v
ELIZABETH S. BISEP
Seo ry
BRAXTON DAVIS NORTH CAROLINA
Director EnWronmentalQuality
March 4, 2022
MEMORANDUM
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca meron.l uck(a)NCD EN R.cov
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location: 121 & 123 Beach Road South, adj. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor.
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X _ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
rnmmunfc
PRINT NAME Kimberlee Harding
AGENCY NCDMF
RECEIVED
Milk 3 01021
MP SECTION
DCM - MHD CITY
SIGNATURE ���" DATE 03/30/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Eztenslon I Wilmington, North Carolina 28405
,»m*,auxsu
910.796.7215

Received: 03/07/2022
State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-0858 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(a)NCDENR.00v
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location: 121 & 123 Beach Road South, adj. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor.
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. RECEIVED
PRINT NAME Renee Gledhill -Earley
State Historic Preservation Office
AGENCY
SIGNATURE
MAR 18 2011
MP SECTION
DCM - MHD CITY
DATE March 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
opnsumua�.wmme�
910.796.nl5

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
camero n.l uck((DNCD EN R. gov
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location: 121 $ 123 Beach Road South, adj. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor.
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 30, 2022, If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: v1 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. RECEIVED
PRINTNAME �n i t3� t��dv EfroC�
�rr MAR 0 5 2022
AGENCY NrtJ N�r,a,K�C>� fit., MP SECTION
DCM - MHD CITY
SIGNATURE y DATE 3 20 Zz
.. North Carolina Department of Environmental Quality I Division of Coastal Management
_ Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca mero n.l uck(a) N CD EN R. eov
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location: 121 & 123 Beach Road South, adi. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor. .
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached RECEIVUt
comments.
PRINT NAME Shannon Jenkins MAR 0 513�>1
IIAP SECTIOiN
AGENCY NC DMF -Shellfish Sanitation/Recreational Water Quality
DCM - MHr ^'T
SIGNATURE k� for Shannon Jenkins 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
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(o) NCDENR.00v
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location: 121 & 123 Beach Road South, adj. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor.
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: 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.
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.
Mark Brown
Public Water Supply
RECEIVED
MAR 0 6.7022
MP SECTION
DATE
31`7/2CM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dlredor
March 4, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
camero n.luckCo9 NCDENR.Dov
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location. 1216 123 Beach Road South, adj. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South With a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
Within one riparian corridor.
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. RECEIVED
PRINT NAME A/1 cr a I • —00r n
MAR 14 2022
AGENCY NCB jzc
MP SECTION
DCM - MHD CITY
SIGNATURE DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
nawaxmar� 910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dlrertor
March 4, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.l u ck(cDNC DE N R.aov
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location: 121 & 123 Beach Road South, ad). to manmade canal on Figure Eight island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor.
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
**Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Al A r V � e t 5) L
AGENCY W � xie+ . if tom m p' u
SIGNATURE _ PA z, •�
J
A4yiMSSN ® ��
RECEIVED
MAR 1 41011
MP SECTION
DCM - MHD CITY
DATE 3 II tl / 2 2�
North Carolina Department ofEnylronmental QwUty I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 26405
910796.7215

Application Review Checklist Letter A I2 ZZ 75 t5�3
1' /� "� 1 ( Placard Comment
Applicant ,�'IAr� l/�IVMW—�-Ck��ouYfrQ v`^"'� Pub A/Comment '$" a
11-- Computer I A
Agentfiuc. P2N Z�L,nv-t Deficiency Letter?
RACCKDate 2DWR Statements
Physical Address IZLNNG. Field Rep. KC
AECs /' ( / �y Habitat '' a r� Development
Ci 4 W'' lki' Designations( ( Vr � �a� Buffer
Riparian Notification? Green Catd? Signed Form? Obj Waive 15' Fee Schedule
q 1/ L V/ Water /
O-+ Y.A-}unJ \ � DependentV/
X x Deed? V
Raparlan rights PH or
From Property line 1/4 width?
Nav/Channel Proximity
Residential Commercial
Wcalculations 8ft2 or 27ft2 N/A
ISSUES OF NOTE \
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A.,�
a/ice~ �5 6-1 ay- S � 1� �,e-- Q4j�r

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

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Martin Gilmore & Christopher Wilson, c/o Rick Penny, RPC Marine
2. LOCATION OF PROJECT SITE: 121 & 123 Beach Road South, Figure Eight Island, New Hanover County.
Latitude: 34015' 20.30° N, Longitude: 770 45' 29,39° W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-3/3/2022 Was Applicant Present -No
5, PROCESSING PROCEDURE: Application Received - 2/25/2022 (initial) 2/27/2022 (complete)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP -Conservation
(B) AEC(s) Involved: ES, EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - NIA Planned - NA
(F) Type of Structures:
Existing -121 Beach Road South: Private 2 slip docking facility with a floating dock and boat lift
-123 Beach Road South: Private 2 slip docking facility with a floating dock and boat lift
Planned - A private 2 slip docking facility that originates in 121 Beach Road South and crosses the
riparian corridor into 123 Beach Road South.
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (shading impact)
(B) Non -Vegetated Wetlands (Open water)
-406 ft2
(incorporated)
(C) Other - High Ground
(D) Total Area Disturbed: 406 ft2 (-0.009 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicants propose to replace the existing 2 slip docking facility associated with 121
Beach Road South with a new 2 slip docking facility that would cross the shared riparian 3
formalized slips within one riparian corridor.
MAR O q 2t)21
000040 ov

121 & 123 Beach Road South, Martin Gilmore & Christopher Wilson
Page Two
9. PROJECT DESCRIPTION
The project site is located at 121 and 123 Beach Road South on Figure Eight Island adjacent to a man-made
canal and Banks Channel, in New Hanover County. The island is accessed from the mainland at the end of
Edgewater Club Road (SR 1402), by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an
earthen causeway, which traverses Middle Sound. Heading east on the causeway, turn right on Beach Road
South and travel south approximately 1.2 miles and the project site will be on the right.
The properties are located at the end of a man-made canal, adjacent to Banks Channel and Middle Sound on the
southern end of Figure Eight Island. The parcel associated with 121 Beach Road South is approximately 0.4
acres and is owned by Martin Gilmore. The parcel associated with 123 Beach Road South is approximately 0.45
acres and Is owned by Christopher Wilson. The properties are adjacent to each other, each with an existing
single-family home, The parcels range in elevation from approximately 0-12' above normal high water (NHW) with
upland vegetation consisting mostly of ornamental landscaping and lawn grasses. There is approximately 43
linear feet of shoreline associated with 121 Beach Road South and 101 linear feet of shoreline associated with
123 Beach Road South (totaling 144 linear feet). Both shorelines are stabilized by a vinyl bulkhead. The bulkhead
approximates the normal high water (NHW) line with no adjacent coastal wetlands.
The applicant (Gilmore) at 121 Beach Road South currently maintains an existing 2-slip private docking facility
that includes a pier approximately 44' in length by 6' wide with a small 9' by 6' L-head platform attached to the
southern side of the pier. An access ramp extends from the end of the pier waterward onto a 16' by 6' floating
dock positioned perpendicular to the shoreline with a boatlift installed on the south side of the float. The boatlift
and part of the floating dock currently cross the riparian corridor line shared with 123 Beach Road South. The
only permit history found for 121 Beach Road South includes General Permit 52562-D issued on June,1, 2009 to
perform maintenance dredging under the boatlift slip. Google Earth imagery indicates the boatlift was added
between 2006 and 2007 and the pier and dock configuration has remained unchanged since around 1993.
The applicant (Wilson) at 123 Beach Road South currently maintains an existing 2-slip private docking facility that
includes a pier approximately 30' in length by 5' in width. A 10' by 16' T-head platform is located at the end of the
pier with an access ramp onto a 20' by 12' floating dock positioned perpendicular to the shoreline with a boatlift
positioned on the north side of the float. General Permit 54475-D issued on April 30, 2011 authorized the
expansion of the platform to add benches and installation of the boatlift. General Permit 69158-D issued on April
26, 2017 authorized a new bulkhead 2' waterward of the existing bulkhead. The boatlift was later replaced after
Hurricane Florence through General Permit 72867-D issued on March 6, 2019. No other permit history was found.
Google Earth imagery indicates that the docking facility configuration has remained unchanged since at least
1993.
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at
the property as Conservation. The waters of this canal, Banks Channel, and Middle Sound are classified SA-ORW
by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division
of Marine Fisheries and they are OPEN to the harvest of shellfish.
The applicants propose to replace the existing 2 slip docking facility associated with 121 Beact a d Y'%
a new 2 slip docking facility that would cross the shared riparian line resulting in 3 formalized slips within QQpp
riparian corridor. The applicant proposes to remove the existing docking facility associated 1 121WWa�rP
000 MHD G%V

121 & 123 Beach Road South, Martin Gilmore & Christopher Wilson
Page Three
South and replace it with a new 2-slip facility, The access pier would be positioned approximately 18' from the
co -applicant's (123 Beach Road South) property line, about 5' closer to the property line than the existing pier.
The proposed new 6' wide pier would extend from the bulkhead, approximately 9', angling south toward the co -
applicant's riparian line. The short pier would open to a 10' wide by 16' long uncovered platform with an access
ramp onto a proposed 8' by 24' floating dock that crosses the riparian line. This shifted docking facility would
increase the distance from the adjacent docking facility to the north (119 Beach Road South) from approximately
15'to 23' (see Sheet 1 of 3 and 3 of 3). According to the applicant the proposed docking facility would not exceed
the pier headline and would adhere to the 8 square -foot rule. The proposed docking facility would cross the
riparian line shared with the co -applicant.
10. ANTICIPATED IMPACTS
The project area consists of open water Public Trust Area and Estuarine Shoreline. As proposed, the new
docking facility would result in the incorporation of approximately 406 W of Public Trust Area and Estuarine
Waters. There would be no impact to coastal wetlands or encroachment over the pier headline, and the
proposed structure would adhere to the 8 square -foot rule. There would be encroachment into the 15' riparian
setback as well as structure crossing riparian line shared with the co -applicant. There appear to be no SAV
present in the project area. Minor increases in turbidity should be expected during project construction,
Submitted by: Katharine Elks Date: March 4, 2022 Office: Wilmington
DECEIVED
MAR 01 zaz
DCM_MHD (;%V

PM
MARINE
Katherine Elks
Permit OfPca
127 Cardinal Dr. Ext
Wilmington, NC NC 28405-3845
Richard Penny Construction, LLC
133 Sound View Drive N
Hampstead, NC 28443
[phone]
w ,rpcmarine.com
RE: Gilmore and Wilson Major Permit Application Narrative
Dear Katherine Elks,
25 February 2021
Mr. Martin Gilmore and Mr. Christopher Wilson arc requesting that ajoint Major Permit be
issued for the installation of a floating dock and pier at 121 and 123 Beach Road South,
Wilmington, NC 28411. This structure would be for the recreational use of homeowner(s).
123 Beach Road South has and existing finger pier, uncovered platform, floating dock, and boat
lift that would be replaced with a finger pier, floating dock, and uncovered platform as shown on
the project drawing. This dock would cross the riparian property line, and Mr. Wilson has
agreed to thisjoint-pennit proposal. The finger pier and floating dock at 121 Beach Road Somh
would remain. There are a total of four (4) slips proposed and existing (i.e., no change). There
is a single-family residential dwelling on each property.
The pilings would be set using a barge, water -jet, and vibratory hammer to reach the rated
capacity (approximately 10' deep). Construction materials would be stored on dry land of
approximately 300 sgfl.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.
Plcase contact me at your convenience should you have any questions.
Respectfully yours,
Richard L. Penny,
NC General Contractor License No. 79403
-1_�,i': tID
FLB 2 7 707
:. , .MAR O'17022
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led MF1
APPLICATION for
Major Development Permit
(lest revised 12P"108)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner information
litmin a Name
Project Name mapp(ioatie)
N/A
J431
ApPlicam 1: Fxat Name
MI
Lest Name
Martin
Gilmore
Appllcent2: First Neme
MI
Last Name
Christoper
Wilson
If additional applicants, please attach an add#onalpagela) with nemea gated.
Mailing Address
PO Box
City
State
1921 Virginia Road
I
Winston-Salem
NC
ZIP
country
Plane No.
FAX No,
27104
USA
336- 414 -4521 a1d
- -
a6eet Address (ddi9emnt Ircun above)
City
Slate
LP
121&123 Beach Road South
Wilco
NC
28417
Email
[e-mail]
2. Agent(ContractorInformation
Sualnesa Name
Richard Penny Construction,
LLC (Dba
RPC Marine)
AOMIV Conl reclor 1: First Name
MI
Lest Nam
Kichard
L
Penny
AgeMl Cartnaw 2: First Name
MI
Last Name
N/A
Melling Address
Po Box
city
litete
133 Sound View Drive N
Hampstead
NC
ZIP
Phone No.1
Phone No.2
28943
910- 352
.1317 ext.
ext.
FAX No.
Conhector #
NC 79403
Sh" Address ff dnTorent horn ub")
City
State ZIP
N/A
Emil
[e-mail]
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Form OCM MP-1 (Page 2 of 4)
APPLICATION for
Major Developmunl Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. tt
New Hanover
121/123 Beach Road South
Subdivision Name
CRY
State
Zip
Figure Eight Island
Wilmington
NC
28411
Phahe NO.
Lot No(a)(If many attach additional page w/th list)
N/A- ext.
121 .123 ,
a. In which NC river basin Is the project located?
b. Name of bodyof water nearest to proposed praise
White River
Figure Eight Harbour
a. to the water body Identified in (b) above, natural or manmads?
d Name the closest major water body to do proposed project site.
®Natural ❑Manmade ❑Unknown
Intracoastal Waterway
e. Is proposed work within dty limits or planning judacilction?
I. If applicable, list the planning jurisdiction or city limit the proposed
MYee ❑No
work falls within.
New Hanover County Zoning
4. Site Description
a. Total length of Shoreline on the tract (ff.)
b. Size of entire trap (sq.tt.)
14 4 '
37,02e SgFt
C. She of fndlvoual lot(s)
d. Approximate elevation of tract above NHW (normallill ~w
17424SF , igW&F
NVyL (no m f "ter WOO
(ffmany lot sires, pease attach additional page with a list)
0 —12 ' ❑NH W or UNM
e. Vegetation on tract
Grass, Native trees, shrubs, and marsh grass/wetlands.
f. Man-made features and uses now on tract
single family dwelling.
g. Identify and describe the existing land uses adlecent to dhe proposed project site.
Adjacent properties are zoned for single family usage.
h. How does Ideal government zone ft tract!
I. Is the proposed projed consistent with the applicable zoning?
R
(Attach zoning compliance cenipcate, If applicable)
®Yes []NO ❑NA
I. Is the proposed activity part of an urban waterfront redevelopment proposal? pYas ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No []NA
If yes, by whom?
1. Is the proposed projod located xi a National Registered Hbtorld Diablo or does It Involve a ❑Yes RNo DNA
National Register listed or eligible property?
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Form DCM MP-t (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the ctte7 ®Yes []NO
(11) Are there coastal wetlands on the Me? Elyse ❑No
(ill) If yes to either (1) or, (11) abovo, has a delineation boon concluded? ❑Yes Z)No
(Attach documentation, Ifavadablo)
n. Describe existing wastewater treatment facilities.
NA
o. Describe existing dd*JN water supplysource.
Cape Fear Public Utility
P. Describe existing storm water management of twityart ayaWrie.
N/A
& Activities and Impacts
A. Will the protect be torcommerdel, public, ar private use? ❑Commerolel ❑PuhlkJGovemment
®Privatelcommunity
b. Give a brlet desuiption of purpose, ux, and deity operations of pre project when eompleb.
The property owner desires to install a larger floating dock that
crosses over the riparian rights of the neighboring property.
c. Describe the proposed consWdion metfrodolopy, types Of ooneW ctlon equipment to be roved during conafnrclion, the number of each type
of equipment and wfiere tt Is to be stored.
Pilings will be pump -washed and driven with a vibratory hammer,
both of which will be on a small work barge.
d. List all devebpmant activilim you propose.
One floating dock and finger pier will be replaced, which will
transverse the riparian corridor. There are three existing wet
SL s and one existingdr slip on the property. _
e. M tics proposed activities maintenance of an mdsWg project, new work, or both?
New
f. Whet is the approximate total detllrbod lend area re9ulUng from the proposed project? ®Sq.Ft «❑Acres
Temporary disturbance of approx. 350 sgft over dry land.
g. Will the proposed project encroach on any public easement, public aaoeal or other area ❑Yee ®No NA
that the public has established use o%
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
I. WIN wastewater or stormwater be discharged Into a watiand? ❑Yes ®No ❑NA
It yes, will this discharged water be of the same salinity as the recaMng water? []Yes ❑No ®NA
j. la there any mtilgetion proposed? ❑Vas ®No ❑NA
if yes, attach a mitigation proposal.
<Form continues on baclo
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In BMIU n to this canplolal appticallon tam, (MP-1) the tollowing Name below, It appl O&W roust be submitted In order Aw the applcaton
pecq,ge to be complete, hems (a) — (r) are atwoys applicable to any ms/or development eppncalron. Please consua the appllcat»n
instruction booklet on howfu pmpody prepare the mquked Items below.
a. A project narrative
b. M aaurete, dated work plat (Including plan view end crone -sectional drawing,) drawn to scale. Please give the present status of the
proposed project. Is any portion already completed It previously authorized work, cloady indicate on maps, plats, drawings to disfinosh
between work completed end proposed
c. A site o location map that is suffickntly detailed to guide agency personnel unfamiliar with the area to Me alto.
it. A copy of the dead (vnYh state epplkafion only) Or other'uhahumen[ under which the applicant claims title to the affected properties.
a. The appropriate application fee. Check or money order made payable to DENR.
f, A INl of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed mtum receipts as proof that such
ownere have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in
which to submit commente on the proposed project to the Division of Coastal Management.
Name sharon Katearos Phone No.
Address 125 Beach Road S, Wilmington, NC 28411 unknown
Name Kenneth and Nancy Kunberger Phone No.
Address 119 Beach Road S, Wilmington, NC 28411 unknown
Name Phone No.
Address
g. A list of previous date or federal permits Issued for work on the project tract. Include permit numbers, pomhitlee, and issuing dales.
N/A
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, If necessary.
j. A signed AEC hazard notice for projects in oceanfront and Inlet area,. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy AG (N.C.G.S. 113A 1-10). if necessary. Bane prefect Involves expenditure
Of public funds Of use of public lends, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any pamtit issued In response to this application wlil ,lbw only the deveopment desfxlhad in fhe application.
The project will be subject to the conditions and restrictions contained In the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating Information related to this peak appfication and follow-up
monitoring of the project. c
I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED
Date 20 h'ehruary 2022 Print Name Richard L. Penny
�� Richard L. RichardLPen7�31122
Signature __ �� Richard 1. Penny
enny
Date: 2022.02.20 Please indicate application attachments pertaining to your proposed project. D00*PD CITY
❑DCM MP-2 Excavation and Fill Information EIDCM MP-6 Bridges and Culverts
pDCM MP-3 Upland Development RECEIVED
(3DCM MP-4 Structures Information
FEB 2 6 N22
I) (
232-804.2808 :0 1.888.41MOAST www.neceaaLatmartagament•not

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this forth to Joint 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 FACILIMMARINA CHARACTERISTICS
a. (I) Is the docking facility/manna'.
❑Commercial ❑PubliC/Govemment ®Pdvata/Community
c. (i) Decks) and/or plants)
(I) Number
1 (replace existing 6'x20')
(Ili) Length
94'
(IV)Width
_5
v1 Floating
(Wes ❑No
9. (1) Are Platforms included? IS—IYes []No
If yes: (replace exisgng 10'x10)
(II) Number 1
(III) Length 16'
IN) Width 10,
(v) Floating ❑Yes NNo
Note: Roofed areas ere carculated(rom driplins dimensions.
g. (i) Number of slips proposed
0 new slips
(g) Number of slips existing
9
I. Check the proposed typeofs frog:
❑ Land cut and accede channel
❑Open water; dredging for Wain and/or channel
[ROpen water; no dredging required
[]Other; please describe:
k. Typical boat length; 2 8 r
m. (i) Will the feculity have be pilings?
❑Yes @NO
(III If yes number of He pilings?
❑This section not applicable
b. (I) Will are facility be open to dre general public?
❑Yes ®No
d. (i) Are Finger Piers included? &)Yes ❑No
If yes: (replace existing 6'44')
pl) Number
(III) Length 9'
(Iv) Width
(v) Floating ❑Yea ®No
f. (1) Are Bwtllfts Included? ❑Yes ONo
If yes:
(IQ Number
(Ie) Length
(N) Widm
h. Check all the Was of services to be provided.
❑ Full service, imiuding travel lift and/or rail, repair or
maintenance service
❑ Dockage, W. and marine supplies
❑ Dockage ('vet slips') only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps.
❑ Other, please describe:
NA
1. Describe the typical boats to be served (e.g.. open runabout,
Charter boats, sail bests, mixed types).
(-U"n runabout
I. (I) Will the hammy to th be open e OstwNlablkl p
RECEIVED
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Z DOCKING FACIUMMARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be Included in the proposed project
❑ Office Toilets
❑ Toilets for patrons; Number _; Location.
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe, treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and fresh.
d. Hex will overboard discharge of sewage from boats be contail
e. (i) GIve the location end number of "No Sewage Dlschargo- signs proposed.
(u) Give the location arid number of "Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products,
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and -No Wake" signs proposed.
i. Give the locabon of fuel -handling facilities, and describe the safely, measures planned to protect area water quality.
J. What will be the marine policy on overnight and live -aboard dockage?
k. Describe design measures that promote best basin flushing?
I. H this project Is an expansion of an existing marina, whet types of services are currently provided?
_. .-.rnCIVED
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M. lathe madnaldocking facli ty proposed within a primary or secondary nurseryarea?
❑Ves ONO
n. Is the manna/docking facility proposed vdthln or adjacent to any sheliffeh harvesting area?
Oyes ONO
o. is the manna/rlockirg facility proposed Wthln or adjacent to ceastaf "Hands/marsh (CW), submerged aquatic vegetation (SAV), shell bot0om
(SO), or other vretlands (WL)? If any loxes ere ctwked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None .
p. laths proposed marina/docking facility located within a vamin dose proxlmityto any shelfth leasea? ❑Yos ON'
If yes, glue the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (lndluding covered 1Ms) ®This section trot appA wrM
a. O Is the boathouse structure(s)
❑Cornmercial ❑PublINGovemment ❑Private/Community,
(II) Number
(ill) Length
(Iv) Width
Note: Roofed areas am calculated from dripline dimensions.
14. GROIN (e.g.. wood, sheatpde, etcff a rncit groin, use MP-Z Excsve8ar and FXJ ®TMs secton not sppli "
a. (I) Number
(il) Length
(III) Wtdth
6. BREAKWATER (e,g„ wood, sheeiink etc) GThls section not applMab/e
a. Length b. Average dlstancefrom NHW, NWL, orwellands
C. Maximum distance beyond NHW, NWL orvredands
16. MOORING PILINGS and BUOYS ®This section not apprwab/e
a. Is the shucture(s):
❑Commeiclal ❑Public/Govemmenl ❑PdvatefCornmungy
C. Distance to be placed beyond shoreline _
Note: This should be meeeure t from marsh edge, If present.
e. Arc of the swing
b. Number
d. Description of buoy (cola. Inscription, size, Anchor, etc.)
R ,EIVED
MAR 01 2022
11 1, 9 p DCM-MHD CITY
-�52•006.28f9 :::-88R-4211COAST :: Y.•'�+!±1+.+hgCoaatalmanssfemeni _nee 'wised: tY 2VO6

�2orrtz MW MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Pmdmety or sbudure(s) ro adjacent dparlan PmPery Ilnas
82' TO SOUTH / 8' TO NORTH
Note: Forb cy m moodny parry, use err of awing Including length
ofveesw.
C. Wdth of water body
181,
e. () Will navigational aide be required as a result of tim project?
❑yes ®No DNA
(Iq If yes, explain what type and how they will be implemented.
b. Proximity of abuchno(s) to adjacent docidng facilities.
120' TO SOUTH / 23' TO NORTH
d. Water depth at waterwaid end of structure at NLW or NWL
5'7" NLW
I.& OTHER MTNa sear, riot applicable
a. Give complete descdptiom
25 February 2022
Date
J431
Project Name ..
Owners Gilmore&Wilson/Contractor Richard Penny
AppltcalaName
Applicant Signature f-)
�/ v
RECEIVED
MAR 0 7 NZZ
DCM-MHD CITY
252-808.2808 :: 14M.4RCOAST :: wvrv✓.ncconatalmanaaernent.hex revised: t21271ee

ROY COOPER
covemor
JOHN NICHOLSON
IntmMSecretary
BRAXTON DAVIS
Dlrecmr
Rick Penny
RPC Marine
133 Sound View Dr,
Hampstead NC, 28443
Dear Mr. Penny:
NORTH CAROLINA
£nv/ronmentalQuanry
March 4, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Martin
Gilmore and Christopher Wilson, for State approval for development of the subject property located at 121 and 123
Beach Road South, adjacent to a man-made canal on Figure Eight Island, in New Hanover County. It was received
as complete on February 27, 2022 and appears to be adequate for processing at this time. The projected deadline for
making a decision is May 13, 2022. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,
you should consider the review period extended. Underthose 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 27, 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-11 g(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 cant 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,
Katharine Elks
Field Representative
cc: Cameron Luck, DCM
Holley Snider, DWR
Martin Gilmore, Applicant
USACE
Christine Bouffard, LPO
Christopher Wilson, Applicant
RECEIVE®
MARU9vll
Dp,M"MHD C1N
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drlve Extension I Wilmington, North Carolina 26405
m �am.mmme�
910.796.7215

LAMA PERMIT
APPLIED` FOR
Applicant proposed to replace the existing two (2)
PF� KOMI Southwith a
cross
ne, resuitina in
corridor at 121 & 123 Beach Rd_ South adw_ to a manmade Canal �n
nFigure Eight Island, Wilmington, New Hanover County.
OMMENTS ACCEPTED THROUGH fifarch 3Q,-2Q22
v
APPLICANT:
Martin Gilmore
1921 Virginia Road .
Ifflinston-Sallem,WC, 27104
Agent: Richard Penny Construction, LLC
Rick Penny
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Iv. of Coastalanagemen
127 Cardinal Dr. Ext.
ilmington, NC 28405
Katharine Elks

ROY COOPER
Governor
ELIZABETH S. BISER
secremry
BRAXTON DAVIS
Director
March 4, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
NORTH CAROLINA
Environmental Quality
• Martin Gilmore & Christopher Wilson
• Dennis Duke
• Joseph & Sandra Kittinger
Hello: Please publish the attached Notice in the Wednesday, March 9, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send file 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.
cc: MHC Files
Cameron Luck — MHC
USACE
�4
rermnung aupport & Customer Assistance
RECEIVED
MAR 0 9 Z02Z
DCM-MHD CITY
North Carolina Department of Emironmentel Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 274405
910.796.7215

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 February 27, 2022, Marin Gilmore &
Christopher Wilson proposed to replace the existing two (2) slip docking facility associated with
121 Beach Road South with a new two (2) slip docking facility that would cross the shared riparian
line, resulting in three (3) formalized slips within one riparian corridor at 121 & 123 Beach Rd.
South adj. to a manmade canal on Figure Eight Island, Wilmington, New Hanover County; On
March 2, 2022, Dennis Duke proposed to reconfigure & expand an existing docking facility to a
total of four (4) slips at 8504 Bald Eagle Ln, adj. to the AIWW in Wilmington, New Hanover
County; And on March 3, 2022, Joseph & Sandra Kittinger proposed to perform maintenance
excavation within an existing boat basin & access channel to connect with Hire AIWW with
associated wetland disturbance at 303 Bradley Creek Point Rd, adj. to tine AIWW in Wilmington,
New Hanover County. Copies of these applications can be examined or copied at the office of
Katherine Elks 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 30, 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 & comment by the public and
state and federal agencies. Notice of the permit decision in these matters will be provided upon
written request.
North Carolina Department ofEnvironmental Qpalky I Division of Coastal Management
D_EQ�
Wllmhgton Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
•++� /'�
910.796.7215
RECEIVED
MAR 0 7 NIZ
DCM-MHD CIT

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: _Martin P Gilmore
Mailing Address: 1921 Virginia Road
Winston-Salem, NC 27104
Phone Number: 336-414-4621
Email Address: _mgllmore(Mflvepointscapital.com
I certify that I have authorized Richard Penny, RPC Marine, LLC
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the
following proposed development: Floatino Dock
at my property located at: 121 Beach Rd S. Wilmington, NC 28411
in New Hanover County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of
Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned
lands in connection with evaluating information related to this permit application.
RECEIVED
Property Owner Information:
cF8 2 8 2022
Signature DCM WILMINGTON, INC
Print or Type Name
OWNER - Q 9A M 41("
Title
11_! 09 / 2021_
Date
This certification is valid through 12/31/2022

AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION
Name of Property Owner Requeeting Permit Chris Wilson (Jointly with Martin Glimore)
Mailing Address: 7919 St MOfY $ Street
Raleigh NC 27608 _.
Phone Number-, ---..
g19-6Gf-85i5
Email Address: Chdstoohersenterwilson(dlamafl tom
I Certify that I have authorized Rlohard Penny. RPC Marine, LLC
Agent I Contractor
to act on my behalf wHh our neighbors the Gllmores, for the purpose of applying for and obtaining all
CAMA permits necessary for the following proposed development_ Floating DOCk
at my neighbors property located at: 121 Beach Rd a Wilmington NO 28411
in New Hanover County. (My address is 123 Beach Road South, Wilmington, NC 28411)
I furthermore certify that I am authorized to grant, and do in fact grant parmission to Division of
Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned
lands in connection with evaluating Information related to this permitapplicalion.
Property OwrW@r information -
Signature
-'
Print or Type Name
Zb l a l o w r1eE�C
Title
r �.+
Date
This certification is valid through 1213112022
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
RECOVEi
FEB 2 5 2UY'I
OCM VJILMING10iI. NC

■ Ctifipteta �etiwt R. Fad 8.
■ Ptltrtt yourname and 8ddre� 9[! thelaverAe
eo Niat wa oazr reaiin iha csia to yoii.
• Attach ttft 08N to 9ta back Of the maf pWe.
1. NtI1peAOe�eanau W:
Ill��lllnlll�lllulllilllf IIIIIIIIIIII
9590 9402 5799 0034 4368 82
?02p QpgQ peal 832❑
P9Foon'3811.July ZU10r.,.._._ 8459
w w
X
i raewkcea ounar
,a�sy n�troeed om�y
ttreoto+ee 0dmv
oamstkl weem aAaW
Ilfi I!i'9r�
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

U.S. Postal
Servico'
CERTIFIED
PJAIL RECEIPT
....,..., �_...,._,. ......
O
N
m
C3
0
0
0
Ir
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q
A
0
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RECEIVED
MAR 0 7 2022
DCM-MHD CITY
FEB 2 5 202?
;:: w, VIC

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: Martin Gilmoref Thomas Neill & Christopher Wlson
Address of Property: 121 Beach Rd S & 123 Beach Rd S411, New Hanover County
Mailing Address of Owner: 1921 Virginia Rd, Winston-Salem INC 27104/
1916 St Mary's st. Raleigh NC 27608
Owner's email: mgilmore(a)fivepointscapital.com/ christophersenterwilsonagmail.com
Owner's Phone#: [phone]
Agent's Name: Richard L Penny Agent Phone#: [phone]
Agent's Email: Rick(a)rpcmarine.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for
this?e�mit has described to me, as shown on the attached drawing, the development they are proposing.
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. DCM representatives can also be
contacted at [phone]. No response is considered the same as no objection if you have been
notified by Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.) pR(ECEIVEI:)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owne�EC 2 8 2021
-OR- ( 1
OR-
t ;/(:M WILMINGTON, NC:
I do not wish to waive the 15' setback requirement in till the blank)
Signature of Adjacent Riparian Property Owner.
Typed/Printed name of ARPO: �`7, (112` / y7CJ
Mailing Address of
A/R/PO:/���00� C
ARPO's email! �'" �N�'EQl — H ' ARPO's Phone#: Wi z- 'a"o RECEIVED
Date: 22a *waiver is valid for up to one year from ARPO's Signature*
MAR 0 7 2022
DCM-MHD CITY

12/20121, 4:39 PM
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Tracking Number: 70200090000183208442
Your item was delivered to an Individual at the address at 4:33 pm on December 17, 2021 in
GREENSBORO, NC 27408.
G Delivered, Left with Individual
December 17, 2021 at 4:33 pm
GREENSBORO, NO 27409
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December 17, 2021, 4:33 pm
Delivered, Left with Individual
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Your item was delivered to an individual at the address at 4:33 pm on December 17, 2021 in GREENSBORO, NO
27408.
December 17, 2021, 8:38 am
Out for Delivery
GREENSBORO, NO 27408
December 17, 2021, 8:27 am
Arrived at Post Office
GREENSBORO, NO 27401
A
a
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DECEIVED
MAR 0 7 2022
DCM-MHD CITY
https:77tools.usps.conVgo/rrackCortfirmAction?tRef-fulipage&tic-2&text28777m&t abels=70200090000183208442%2.0 112

Rook 6464 Page 1449
BK: RB 64e4
PG: 1449 - 1451
nc FEE i2 W
=om
2021031915
0Br29/2021
NEW HANOVER COUNTY. NC REAL ESTATE
12:20:45 PM
TAMMY THEUSCH PNER EXTC $2780.00
W A4k ACM_!W:. L'.
REGISTER O7 OECOS
ASx:7ANi
ELEC I'ROMCALLY RECORDED
NORTH CAROLINA
SPECIAL WARRANTY DEED
NEW HANOVER COUNTY
DrOcti by: Thomar T. Crumpler, Ssq. [No ode exnminadon requested or performed.]
Return to: Grantee
Excise Tax: $2,760.00
Tax Parcel No.: R04524-003-003-000
Property Address: 123 Beach Road South, W1kn1ngtea, NC
THIS SPECIAL WARRANTY DEED made as of the "ty of June, 2021, by and
between:
JOHN E. REECE, H and wife, EL17ABETH C. REECE
(collectively, "Grantor',
having an address of 2398 Warwick Rd., Winston -Sake, NC 27104,
and
WALKER A. WILSON AND HUSBAND, CHRISTOPHER S. WI SON
(Collectively, "Grantee")
having an address of 1916 St. Mary's Street. Raleigh, NC 27608
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does giant, bargain, sell, and convey unto the
Grantee in fee simple a one-half (1/2) undivided interest in all that certain lot or parcel of land RECEIVED
situated in New Hanover County, North Carolina, and more particularly described as foilows:
See Exhibit A attached hereto and incorporated herein by reference MAR 0 7 2022
The property herein conveyed does not include the primary residence of the Grantor. D C M - M H D C IT)
&.a4mltts(LslsSt[Va1GIlly�Y tlliIDaD 90rY DevltlsaQ$t¢F_ClgIDpltp,P,A, in wwoliaace with North Camfina etatutm eovernIng
recordahk4rtcumenL and the terms nt the cuhminer Agref me ItAlh the New Ranmer CO aaty Realtterni feeds.
ASI)U:: 442?27

Book 6464 Page 1450
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging, to the Grantee in fee simple and in the undivided interest
hereinabove recited.
And the Uraptor covenants with the Orantee, that Gnaw has done nothing to impair such
title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of
all persons claiming by, under or through Grantor, but no thither, and subject to the exceptions
hereinafter stated.
Title to the property hereinabove described is subject to easements, restrictions, and rights
of way of record, if any, and U24 ad valorem taxes.
IN WITNESS WHEREOF, the Grantor has caused this Instrument to be executed on the
day and year fast above written. 1__7
NORTH CAROLINA
FORSYTH COUNTY
I certify that the following person(s) personally appeared before me this day,
acimowledging to me that he/she voluntarily signed the foregoing document for the purpose stated
therein and In the capacity indicated John E. Reece. II and Elizabeth G', Reece
Date: lv X q der oa ! AW d 6,4 {,F Etc Notary Public
—� RAW0 ____.__ Printed Name
My commission
ASIXO. 442327
NOD" MOM
Forsyth Cor.tdrtlerth CWWkW
Mr CsAmNabn 0ahsaJr►I,IN�I
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
FEB 2 5 're

Book 6464 Page 1451
BEING all of Lot 123, Section 8, Figure Eight Island, as per map thereof recorded in Map Book
13, Page 47, New Hanover County Registry, reference to which is hereby made for a more
pa tieWar description.
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
FEB 2 6 2022
ASDLC: 442727

6 q 0�
1�16'1 e M04111all
vw acre rrap s�crrHEx a ttra
sc
2�1 J1R10101�23:01 PN
0K:5193 K20-22 FELSP,N
NC RD STAY:S5,000.00
INSiRUENf t NK98I1
GENERAL WARRANTY DEED
THE ATTORNEY PREPARING THIS INSTRUMENT HAS MADE NO RUWRD SUAaC'H OR III 1,1.
EXAMINATION AS TO 7111 PROPERTY DESCRIBED HEREIN.
PINNO.: R0/320-0II3-004-40n
MweNO.:
PREPARED at': KATULEar'r F. TREADWEnL
WISNART, NORRO, HL MER&Prrr.HAN, P.A.
3120 S. CHURCH Stvion, RUaaNCToN. NC 27215
RETURN TO GRANTEE:
STATE OF NORTH CAROLINA
COUNTY OF'NEW HANOVER
THIS DEED made this _jpr'day of June, 2007, by and between KEVIN d.
FITZGERALD, and wife, PATRICIA A. FITZGERALD, Grantor and THOMAS DAVID
NEILL and MARTIN P, GMMORF, as tenants in common, Grantee, whose mailing address
is 3905 Camerile Farm Road, Winston Salem, NC 27104. The designation Grantor and Grantee
as used herein shall include said parties, their hews, successors, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by contexc
WITNESSF,TH:
"I hat the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Oranim in
fee simple, the following described lairds located in the County of New Hanover, State of North
Carolina, and being more particularly described as follows:
All of Lot 121, Section 8, of Figure Light Island Subdivision as shown and
described on that certain plat entitled "Figure tight Island" recorded in Map
Book 13, Page 47, in the office of the Register of Deeds of New Hanover County,
North Carolina, to which Said plat reference is hereby made for a complete
description of said lot, together with a right of way hi common with others, over
through or upon streets and walks shown on the above referenced reap, and any
and all existing streets and walks providing access to this tract.
Being the same properly described in a deed dated December 10, 1979, and
recorded in Book 1163, Page 1331 of the New Hanover County Registry.
The property heminbove described was nequired by Grantor by instrument recorded in
Deed Book 1823, Page 517 in the New Hanover County Registry,
RECEIVED
MAR 0 7 2022
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple. D C to rs _ ^ ^ u D CITY
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the tide against the lawful claims of all
persons whomsoever except for the exceptions hereinafter stated.
FEB 2 5 2022

r
Title to the property hereimbove described is subject to the following exceptions:
This conveyance Is subject to easements, rights of way, and restrictive covenants, if any,
appearing of record in the New Hanover County Registry. This conveyance is further subject to:
Agreement between The Figure Eight Island Company and H.D. Cameron,
et al, recorded in Book 914, Page 894 of said Registry.
2. Agreement between The Figure Eight Island Company and Figure "8"
Beach Homeowner's Association, Inc., dated April 30, 1972, and recorded
June 29, 1976, in Book 1068, Page 177 of said Registry.
IN WITNESS WHEREOF, the Orantor has hereunto set his hand and seal, the day and
year first above written. �
x- ^^''��)) � ^�"�� (SEAL)
KK J. FITZGE
AL)
PATRICIA A. F BRA
STATE OF NORTH CAROLINA
COIJN"fY OF ALAMANCD
1, Jw Wr L Wes► , a Notary Public of said County; o hereby
certify that KEVIN J. FITZGERALD AND PATRICIA A. FITZGERALD, personally
appeared before me this day and acknowledged the execution of the foregoing instrument.
Witness my band and official stamp or seal, this day of June, 2007.
l.]kQk as
Signature of Note Public
JMnWr L YYabw
Print Name of Notary Public
EP L W �r,',rti.
My Commission Expires:_--i0)� _ }T F91a
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
FEB 2 6 2022

REBECCA P, SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Flied For Registration: 00/OV2007 04:23:01 PM
Book: RE 5103 Page: 20-22
Document No.: 2007029074
DEED 3 PGS $17.00
NC REAL ESTATE EXCISE TAX: $5,000.00
Recorder: SCOTT, NANCY A
State of North Carolina, County of Now Hanover
RECEIVED
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. MAR 0 7 2022
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
DCM-MHD CITY
*2007029074* z
2007029074 FF9 2 6 ?n1?

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM:
NORTH CAROLINA
Env/ronmenta/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.luckao NCDENR.gov
SUBJECT: CAMA
Applicant: Martin Gilmore & Christopher Wilson
Project Location: 121 & 123 Beach Road South, adi. to manmade canal on Figure Eight Island,
Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace the existing two (2) slip docking facility
associated with 121 Beach Road South with a new two (2) slip docking facility
that would cross the shared riparian line, resulting in three (3) formalized slips
within one riparian corridor.
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 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME RECEIVED
AGENCY MAR 0 7 2022
SIGNATURE
DCM-MHD CITY
DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

NC Division of Coastal Management
Major permit Application Computer Sheet
AEC CIOA Zzl
Fee: $ 160 # ZvIPv
CDAITS MHC cc
Applicant: M a (' 0V4 ill/ 13K5
wlISrsh 123/3
5
Agent/Conlractor: VA.C. Q�N
Project Site County:
VapN
Staff rq'a e I VT—
District: Wllm/ngton
Project Name: fil, I IM OVA 6V\,
U
k Rover File: n/s
River Basin: VJ
Initial date of application submittal: a' a5 lap
Date application "received as complete" in the Field office:
Permit Authorization: CAMA El Dredge & Fill ElBoth
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Was []No PNA: ❑Yes CgNo
Photos Taken: Yesp No❑
Setback Required (riparian): QaYes LJNo
Critical Habitat: Yes Po LJNot Sure
15 fool waiver obtained: Yes PtNo
Hazard Ni 1tificalion Returned:
[]YesC9No
SAV: ❑Yes No []Not Sure
Shell Bottom: []Yes No M Not
Temporary Impacts: ❑Yes No
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use cl2pification come
Mitigation Jitequired (optional):
❑Yes
from county LUP: LnYes ❑No
Wo
Moratorium Conditions:
Environm� nnAssessment Done:
Length of Shoreline: 43 foil lbr"�
❑Yes Ohio ❑NA
❑let
❑ Yes (�CjNo NA
1 �- FT. '}D44I iplr (11q P,,2S
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Ope -or- Closed
p
4OU .lr{' t - l0. O U� acre i
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
LJ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I C3 Swamp Waters (SW)
❑ High Quality Waters (HQW) IF Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
U (SS) Glasswort ( Salicome sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
El (SA) Sall marsh oordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemifiora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
El (TY) Caltail (Typha sp.)
spicala)
sp.)
❑ (JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
0 III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
El Minor Modification to a CAMA Major
Major Modification to a CAMA Major
Cl IV Any development involving D&F of
peril - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
El Express Permit - $2000
acre; 4144 can be applied - $400
Major development extension request -
❑ II. Public or commercial/no dredge
R
$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 p
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
'DOM"

Applicant
6AMOve
W awS
Date: S I
q I
po,;,
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
IF
New Work
Replace
Maint ❑
C9Y ❑ N
0
T
E
I
New Work
Replace
I
Maint ❑
III KN
to
1ipf
rr
S
'
New Work
Replace
p t
r
r
Maint ❑
Y❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
Habitat Name
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Choose One
includes any
Excludes any
total indudes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tamp impacts)
un act amount)
tamp impacts)
amount
W
Dredge ❑ Fill ❑ Both ❑ Other
40 (Q A
40U
Dredge ❑ Fill Cl Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill Cl Both ❑ Other ❑
REC
MAR 0 9 znz
919.733.2293 :: 1.888.4RCOAST ;: www necoaatalmanaaement net

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
3/1/2022
Richard Penny
Gilmore/Wilson
Navy
2660
$250.00
major fee, 121 & 123 Beach Rd,
KE rct.
Construction, LLC
Federal CU
Wilmington NHCo NO split
16597

Major Permit Fee Schedule
Project Name:(-1 (I moyk I Y \ �� County:41
tv'Cl-C.-
Check No & Amount:
�'1pLe0 4'>-go'rJ
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$25
100% ($250)
0% ($O)
excavation of any wails ntla or
open water areas:
II. Public orcommeicial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine 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 ooncems related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
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:
DECEIVED
OR 01 Inz
QCM MHO IGO

20' 1 Or Or 40' ,' " FRE, EIGHT IS
SCALE IN FEET
SI IARON KATSAROS
125 BEACH ROAD S
WILMINGTON, NC 28411 ;
f
SITE
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CHRISTOPHER WILSON\
123 BEACH ROAD S ` \
WILMINGTON, NC 28411
LOCATION MAP I
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/ 181' SHOR LINE WIDTH///.i6�(i~
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MARTIN GILMORE & THMAS
121 BEACH ROAD S
WILMINGTON, NC 28411
' S R❑POSED
/ 8'�24' FL❑ATING DOCK
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8
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Richard L. Penny
133 SOUND VIEW DR
Hampstead, NC 28443
MARINE
910-352-1317
Scale
1' = 20'
Sheet No. File No.
1 of 3 J431
mra6on contained in this
is the sole property of
Penny Construction, I.I.C.
oduction in pert or whole
he written permission of
Penny is prohibited.

I

tot 10l 01 40' FIG�IRE EIGHT
SCALE IN FEET / / /
SHARON KATSAROS
125 BEACH ROAD S
WILMINGTON, NC 28411
\
CIIRISTOPHF.R WILSON\ \
123 BEACH ROAD S \
WILMINGTON, NC 28411
LOCATION MAP
(NOT TO SCALE)
0
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v
SITE
X BEACH ROAD S
101'
/EXISTING STRL
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APPR❑
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EXISTING G'X22' FL❑ATING DOCK
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XISTING PIER AND PLATFORM
XISTING STRUCTURE
15' RIPARIA, RIGHTS
C❑RRID❑R 1
ERED PLATE
43' i �'M' FINGER\ PI1kR
\
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i
MARTIN GILMORE & TH�AS NEILL
121 BEACH ROADS -�
WILMINGTON, NC 28411
KENN'L I H AID NANCY KUNBF,R(
119 BEACH ROAD'S _ _ —
WILMINGTON, NC 28443
,MARSH LINE
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Richard L. Penny
133 SOUND VIEW DR
Homestead. NC 28443
MARINE
H n_, S)—I
Soale
1' = 20'
Sheet No. File No-
3 of 3 J431
emation container) In this
I is the sole property of
Penny Construction, LLC
reduction in part or whole
the written permission of
Penny is prohibited.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-00536 County: New Hanover County U.S.G.S. Quad: Scotts Hill
CAMA Permit ID: 64-22

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Martin Gilmore & Christopher Wilson

Address: 1921 Virginia Road
Winston Salem, NC 27104

Size (acres) Nearest Town Wilmington

Nearest Waterway Middle Sound River Basin Onslow Bay

USGS HUC 03020302 Coordinates Latitude: 34.255465; Longitude: -77.75762

Location description: The site is located in open waters of Middle Sound at 121 & 123 Beach
Road South, Figure Eight Island, New Hanover County, NC

Description of project area and activity: The proposal is to replace the existing 2 slip docking
facility associated with 121 Beach Road South with a new 2 slip docking facility, resulting in 3
formalized slips. The proposed new 6 feet by 9 feet pier will extend from the bulkhead angling
south toward the co--applicant's riparian line. The short pier will open to a 10 feet wide by 16
feet long uncovered platform with an access ramp onto an 8 feet by 24 feet floating dock. The
new dock will cover and shade approximately 406 square feet of estuarine Waters of the US.

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

Authorization: Regional General Permit Number: 197800056

Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.
Sheet 3 of 3)
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 December 1, 2021 and revised (Sheet 3 of 3) February 28,
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: August 26, 2022
Expiration Date of Verification: December 31, 2026

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

Copies furnished by email:

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

Action ID Number: SAW-2022-00536 County: New Hanover County

Permittee: Martin Gilmore & Christopher Wilson

Project Name: 121 & 123 Beach Road South / Figure Eight Island / New Hanover / Gilmore
and Wilson

Date Verification Issued: August 26, 2022

Project Manager: Gregory Currey

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

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

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

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

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

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

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

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

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

Permit Class Permit Number
NEW 64-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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

Excavation and/or filling pursuant to NCGS 113-229

Issued to Martin Gilmore and Christopher Wilson, 1921 Virginia Rd. Winston-Salem, NC 27104
Authorizing development in New Hanover County at adj. to AIWW, at 121 & 123 Beach Road S.
Figure Eight Island, Wilmington , as requested in the permittee’s application dated 2/20/22 (MP-
1) and 2/25/22 (MP-4) , including drawings (3) Sheets 1-2 of 3, dated 12/01/21 and Sheet 3 of 3, dated 2/28/22.
This permit, issued on June 3, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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

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

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

All work must cease when the permit expires on

December 31, 2025

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

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

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) This permit authorizes only the dock, pier, 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 authorizes a maximum of 2 formalized boat slips.

(See attached sheets for Additional Conditions)

Gilmore and Wilson Permit No. 64-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) No portion of the authorized docking facility shall extend more than one quarter 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.

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

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

6) No attempt shall be made by the permittee to prevent the full and free use by the public of a ll navigable
waters at or adjacent to the authorized work.

7) The authorized structure and associated activity shall not cause an unacceptable interference with navigation
and shall not exceed the dimensions shown on the attached permit drawings.

8) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts
of the structure and the Northern adjacent property owner’s area of riparian access.

9) Should 123 Beach Rd. S. be sold prior to the initiation of construction of the docking facility, the permit
shall be transferred to the new property owner prior to the construction of the docking facility.

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.

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

Gilmore and Wilson Permit No. 64-22
Page 3 of 3

ADDITIONAL CONDITIONS

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

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20220352

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.