65-22 Duke, Dennis

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V rrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 ,
_ Excavation and/or filling pursuant to NCGS 113-229
Permit Number
65-22
Issued to Dennis Duke, 225 S Main St., Fuquay Varina, NC 27526
Authorizing development in New Hanover County at adj. to AIWW, at 8504 Bald Eagle Lane, in
Wilmington as requested in the permittee's application dated 1/22/22 (MP-1) and 1/20/22 (MP-
4) , including work plan drawings (2) Sheets 1 of 2, dated 1/24/22, and Sheet 2 of 2, dated with initials 3/3/22.
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
)t tnese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the docks, piers, pilings, 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) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dennis Duke
ADDITIONAL CONDITIONS
Permit No. 65-22
Page 3 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) This permit authorizes a maximum of 4 formalized boat slips. At no time shall more than 4 vessels be
moored or docked at the facility.
5) In order to comply with Condition No. 4 of this permit, pilings shall be installed along the northwestern
edge of the northwestern most floating dock of the authorized docking facility. Any additional vessel or
mooring structures that would increase the number of formalized boat slips without permit modification
shall be considered a violation of this permit.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) 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.
9) 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.
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

Dennis Duke
ADDITIONAL CONDITIONS.
Permit No. 65-22
Page 3 of 3
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. 20220368.
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.

Permit Number
65-22
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vern't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Dennis Duke, 225 S Main St., Fuguay Varina, NC 27526
Authorizing development in New Hanover County at adi. to AIWW, at 8504 Bald Eagle Lane, in
Wilmington , as requested in the permittee's application dated 1/22/22 (MP-1) and 1/20/22 (MP-
4) , including work plan drawings (2) Sheets 1 of 2, dated 1/24/22, and Sheet 2 of 2, dated with initials 3/3/22.
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 docks, piers, pilings, 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) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
/iet4.e%�/�-mot
—� For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
--'Signature of Permittee

Dennis Duke
ADDITIONAL CONDITIONS
Permit No. 65-22
Page 3 of 3
3) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurementsto 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) This permit authorizes a maximum of 4 formalized boat slips. At no time shall more than 4 vessels be
moored or docked at the facility.
5) In order to comply with Condition No. 4 of this permit, pilings shall be installed along the northwestern
edge of the northwestern most floating dock of the authorized docking facility. Any additional vessel or
mooring structures that would increase the number of formalized boat slips without permit modification
shall be considered a violation of this permit.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at. the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) 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.
9) 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.
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

Dennis Duke
ADDITIONAL CONDITIONS.
Permit No. 65-22
Page 3 of 3
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. 20220368.
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.

Permit Class
NEW
Permit Number
65-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Dennis Duke, 225 S Main St., Fuguay Varina, NC 27526
Authorizing development in New Hanover County at adj. to AIWW, at 8504 Bald Eagle Lane, in
Wilmington , as requested in the permittee's application dated 1/22/22 (MP-1) and 1/20/22 (MP-
4) , including work plan drawings (2) Sheets 1 of 2, dated 1/24/22, and Sheet 2 of 2, dated with initials 3/3/22.
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 docks, piers, pilings, 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) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dennis Duke
ADDITIONAL CONDITIONS
Permit No. 65-22
Page 3 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) This permit authorizes a maximum of 4 formalized boat slips. At no time shall more than 4 vessels be
moored or docked at the facility.
5) In order to comply with Condition No. 4 of this permit, pilings shall be installed along the northwestern
edge of the northwestern most floating dock of the authorized docking facility. Any additional vessel or
mooring structures that would increase the number of formalized boat slips without permit modification
shall be considered a violation of this permit.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent.
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) 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.
9) 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.
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

Dennis Duke
ADDITIONAL CONDITIONS.
Permit No. 65-22
Page 3 of 3
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. 20220368.
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: Permit #: A5—Zz_
MAILING DISTRIBUTION SHEET
Permittee:
-& A
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington 7cc+ (OBJECTIONS )
US ACOE Offices: �vmy
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
Maria Dunn (WARD) ;
Rodney Butler
LPO: ( po"W
(NCDOT) Travis Wilson

Application Review Checklist Letter A 3 Z 75
7� 11 ,, Placard Comment 3 3a
Applicant �'g VUI[,c Pub A'3 )'� Comment ? ?Q
l Computer I A
Agent _1, yytyYW Noc-�1-�. Deficiency Letter?
Q �rt DWR t_1 to 2DWR Statements '�/�
Physical Address r��" �^i a " — I� � \ �' Field Rep. w
AECs �l T
C
Habitat
Designations
fJ�nf
_q 6F ��
Development
1 A(�•moDt /*Buffer
Riparian Notification? Green Card? Signed Form?
Obj Waive 15'
Fee Schedule 250
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!(
Water
Dependent
/
1/
Raparian rights
From Property line
Nav/Channel Proximity
FT' calculations
ISSUES OF NOTE
Residential Commercial
8ft2or 27ft' N/A
2 F; I,s ,ti, rkl�
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1/4 width?
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Deed?

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

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD REGENM
APPLICANT: Dennis Duke COUNTY: New Hanover MAR 072022
PROJECT NAME: 8504 Bald Eagle Lane
LOCATION OF PROJECT: 8SO4 Bald Eagle Ln, adj. to the AIWW, Wilmington DCM-M H D CITY
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-2-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#2506
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-9-22 END OF NOTICE DATE: 3-30-22
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 5-16-22 150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 3-4-22 STATE DUE DATE: 3-30-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Repa,��
c �_
DCM—LUP Consistency Determination
Local Permit Officer
3 5
Carps of Engineers — Regulatory Branch
DWR-401 Section
2
I �lJM ' 202?0369L15DI
DWR—Public Water Supply
3
%�
DEMLR — Stormwater
DEMLR—Sedand Erosion
DOA — State Property Office
/tZ
Wildlife Resources Commission
DM —Shellfish Section
5
DMF — Habitat & Enhancement
d —
DNCR — Archives & History
DNCR—Natural Heritage Program
NCDOT
NC Dept of Commerce
IiY

DCM Coordinator: Cam Luck
County:
N1�
Permit #: I"Jp
WIRyOE--MAIL DISTRIBUTION SHEET
Circle one. io / Permit for: DevimS �v ""',(e--e,—
Oversize Plans sent:
DCM Offices:
Morehead City: PT (if oversize) via Courier I" /
"cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet _✓
•MHC documents (Cam & Amanda)L
Wilmington: Original hard -copy
ONLY USACE & DWR (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: nder & Carteret Co): PN, CL, Reports, Split Sheet _
use both 10,11ey
[e-mail] (NH/BR): PN, CL, Reports, Split Sheet
eg Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
*WMyefflift - 401 (PN/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources: V/Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
�K Harding _
DCMPlanner/WIRO:
eChristenbury_
7enee
Cultural Resources:
Gledhill -Earley Environmental.Review(o)ncdenr.uov_
Natural Heritage Prog.
"R dney Butler
�rkZiegler_
DCA-Rural Eco. Dev:
NC DOT:
id Harris _
Wildlife Resources:
is Dunn w/Reports
State Property Office:
Walton: DEED
X1;.a
Moser
�nda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
✓J�femy Humphrey (Bio) / Shannon Jenkins 612t)
haron Gupton, Admin. _
DEMLR: �-.C�stine Hall - Stormwater Section
an ams -Land Quality Section
Public Water Supply: eidi Cox _
City of Wilmington: h n h s��/�_ �
Enforcement: Feld Rep:
l,wl� &&Vl� u 61r--G
_Co. LPO ✓
Agent: 1
DISTRIBUTED: I
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

RECOMMENDATIONS FOR 8504 Bald Eagle Lane, Dennis Duke 3/312022
Shoreline length =100' x 8' = 800 ft2 (maximum allowable)
Existing pier = 6' x 162'= 972 ft2 (credit)
Existing gazebo =19' x 19' = 361 ft2
Existing boatlift =13' x 13' =169 ft2 (not counted)
Proposed floating dock = 8' x 40' = 320 ft2
Proposed floatinq dock = 6' x 12.5' = 75 ft2
TOTAL = 756 ft2
It appears that the project would by 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 proposed structure would not encroach into the
adjacent 15' riparian corridor setback area. This office has no objection to the proposed work, provided it is consistent with
all other local, state, and federal permitting requirements. Any permit issued should include standard conditions for private
docking facilities.
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Director
DATE: May 2, 2022
NORTH CAROLINA
Environmental Quality
FROM: Holley Snider f�U
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20220368
No Written Approval Required
PROJECT LOCATION: 8504 Bald Eagle Lane, Wilmington, New Hanover County
Duke Docking Facility
PROPOSED PROJECT: Expansion of an existing docking facility to provide mooring for four (4) vessels
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated January 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).
Please note that the area surrounding the project site contains submerged aquatic vegetation
(SAVs) and shellfish resources. No impacts to SAVs are authorized by this certification outside the
approved impacts specified herein.
In accordance with the attached General Certification #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 in your application shall expire upon expiration of the 404
or LAMA Permit.
This Certification can be contested as provided in Articles.3 and 4 of General Statute 1SOB 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
W SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality l Division of Water Resources
Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
wamua w
om.�mm>�.wmmn 910.796.7215

5»
�1
l4 f�
ROY COOPER
�.'
Governor
r C
ELIZABETH S. BISER
Se—tary
BRAXTON DAVIS
NORTH CAROLINA
Director
EnvlronnteatalQuallty
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)
came ron.l uck(a)NCDEN R. aov
SUBJECT: CAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adi. to the AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded floating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 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.
X This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE
DATE 03/30/2022
'recommends in -water -work
moratorium of 4/1-9/30 to
minimize impacts to SAV beds
near docking facility.
RECEIVED
MAR 3 1 202Z
W SECT10o
DCM - MHD Cl"'4
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

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Dennis Duke -
New Hanover County
Date: June 8, 2022
This projectis consistent with the 2016 New Hanover County Comprehensive Land
Use Plan.
The applicant proposes to reconfigure and expand the existing docking facility to include
an expanded floating dock for a total of 4 boat slips. The project is located at 8504 Bald
Eagle Lane, adjacent to the AIW W in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, and PT.
Waters at the project site are classified as SA ORW and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection and Conservation.
In general, New Hanover County allows development in Resource Protection and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The New Hanover County Land Use Plan contains some policies, which
exceed the State's minimum use standards, including those for marinas and community
boating facilities. However, none of these policies appear to be applicable to this project.
This project is consistent with the 2016 New Hanover County Land Use Plan.
File
RECEIVED
JUN 0 82022
Mp SECTION
DCM MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM.,
NORTH CAROLINA
Environmental Quallty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.l uck(D)NCDE NR. gov
SUBJECT: CAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adj. to the AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded floating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 30, 202Z 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.
PRINTNAME 0-\Ur6Cy-,—&wKwt-cL
AGENCY �� Ytovya�ttC��umA�� RECEIVED
SIGNATURE C/- _ MAR 0 5 2022
MP SECTION
DATE A&L26z Z DCM - MHD CITY
North Carolina Department ofEnvhonmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 26405
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 m e ro n. l u ck (a) N C D E N R. g ov
SUBJECT: CAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adj. to the AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded floating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 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.
PRINT NAME Shannon Jenkins
AGENCY NO DMF - Shellfish Sanitation/Recreational Water Quality RECEIVED
SIGNATURE /12Au_ for Shannon Jenkins MAR 0 5 2022
MP'SECTION
DATE 03/07/2022 DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

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(a)N C D EN R. gov
SUBJECT: CAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adj. to the AIINW in Wilmington, New Hanover County
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded floating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 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 Mark Brown
AGENCY Public Water Supply
SIGNATURE f c/
DATE 3/7/22
RECEIVED
MAR 0 6 2022
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26405
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] (Courier11.12-09)
cameron.luckrcDNCDE NR.gov
SUBJECT: CAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adj. to the AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded floating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 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
AGENCY iv C 1' a P 1 0 f CV m )k Yy'ce
SIGNATURE j A - of I
RECEIv
z
DATE 3 12 2 I Z.2, MAR 2/(v,
D Q�
MP SECP(,)N
DCM - MHO➢ r &\
North Carolina Depanmentof Environmental Quality I Division of Coastal Management
WAmington Office 127Cardinal Drive Exterubn E Wilmington, North Carolina 29405
410.7%,7215

aReceived: 03/07/2022
State Historic Preservation Office
ROY COOPER
Govemor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-0859 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.luckCcDNCDENR. oov
SUBJECT: CAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adj. to the AIWW in Wilmington, New Hanover County
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded floating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 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.
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
DATE
State Historic Preservation Office
March 18, 2022
RECEIVED
MAR 1 81011
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
0.pIYM lalmiw�fYdWIQ\
910.7%.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 meron.luckANCDENR. g ov
SUBJECT: LAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adi to the AIWW in Wilmington, New Hanover County
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded Boating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 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. Memo Attached. Two proposed slips and two existing totaling four
slips
PRINT NAME Wanda Hilliard
AGENCY State Prooertv'Offlce
SIGNATURE W! &4%64&-
RECEIVED
MAR 2 2,A22
DATE March 22, 2022 NIP SECTION
DCM - Mwn CITY
D�Q� North Carolina Department of Environmental Quality l Division of Coastal Management
r Wilmington Office 1127 Cardinal Drive Extension I WBmington. North Carolina 28405
--\ / 910.796.7215

Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
March 22, 2022
TO: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
cameron.luckC0NCD}iNR.gov
FROM: Wanda Hilliard�GUGtaote�
Real Property Agent
Department of Administration
Pamela B. Cashwell
Secretary
Tim Walton
Director
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Land adj. to the AIWW in Wilmington, New Hanover County
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to include
an expanded floating dock for a total of four (4) slips.
Please confirm that the facilities are not located within the 1000'USACE AIW W easement area. If not, then the
State Property Office has no comment on the proposed project.
RECEIVED
MAR 2 21011
MP SECTION
DCM - MHD CITY
State of North Carolina I State Property Office
a6 West Jones Street, Suite 4055 11321 MaR Service Ctr. I Ralelgh, NC 27699
9842360270 TI Web: httpJ/www.nespocom

1.
2.
3.
4.
5.
8.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Dennis Duke, c/o Jimmy North
LOCATION OF PROJECT SITE: 8504 Bald Eagle Lane, in Wilmington, New Hanover County, adjacent to the
AIWW.
Latitude. 340 17'32.29" N, Longitude: 77044' 47.18" W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 2/24/2022 Was Applicant Present -Yes- agent
PROCESSING PROCEDURE: Application Received - 2/22/2022 (initial) 3/2/2022 (complete)
Office —Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - N/A Planned - NA
(F) Type of Structures:
Existing -Private 2 slip docking facility with a floating dock, boat lift, and gazebo.
Planned - Reconfigure and expand the existing floating dock to accommodate 4 boat slips,
(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)
395 ft2
(Additional
Incorporation)
(C) Other -High Ground
(D) Total Area Disturbed: 395 ft2 (0.009 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to reconfigure and expand the existing docking p ir)clude an
expanded floating dock for a total of 4 boat slips. �CI vV 9
MAR 0 7 2022
DCM-MHD CITY

8504 Bald Eagle Lane, Dennis Duke
Page Two
1
The project site is located at 8504 Bald Eagle Lane, on the Atlantic Intracoastal Waterway (AIWM, in Wilmington,
in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel north
approximately 5.3 miles on Market Street (Hwy 17) towards Porters Neck. Take a night on Porters Neck Road and
travel 0.9 miles to the traffic circle. Continue straight through the traffic circle staying on Porters Neck Road for
another 1.4 miles. Take a left at the stop sign onto Bald Eagle Lane. Travel approximately 0.5 miles and the
property will be on the right.
Currently, the 0.92 acre property has a 2 (two) slip private docking facility. The average elevation of the property is
approximately 8' above normal high water (NHW) with approximately 100' of shoreline. The high ground portion of
the property has ornamental landscaping, weedy vegetation, and some lawn grasses. Coastal Wetlands, consisting
mainly of salt marsh cord grass (Spartina afternaf/ora) exist in an area measuring approximately 60' in width, 48' of
which are below NHW. The existing docking facility consists of a 6' by 162' access pier, 138' of which are below
NHW. The access pier that terminates in a 19' by 19' gazebo positioned in a L-head configuration to the south. A
small 16' by 6' area of uncovered platform is located waterward of the roofed gazebo. An access ramp extends
from the 16' by 6' platform south onto an 8' by 16' floating dock positioned perpendicular to the shoreline. A 13' by
13' boallift is located on the northern side of the gazebo. An area of submerged aquatic vegetation (SAV) habitat,
mapped by the Division of Marine Fisheries exists between the waterward edge of coastal wetland and the gazebo.
During a site visit on February 24, 2024 DCM verified water depths and did not note any shellfish resources.
The original docking facility was authorized through General Permit 32596-D issued on January 27, 2003 and later
reissued on June 6, 2003 through General Permit 34190-D, The original docking facility included a pier and
platform with a boatlift and access float for the lift. Based on Google Earth imagery and permit history it appears as
though the floating dock was not installed in the authorized location but instead on the opposite side of the gazebo
and boallift. General Permit 59206-D issued on April 14, 2012 authorized the expansion of the platform and the
addition of a roof over the platform, No further permit history could be found.
The New Hanover County Land Use Plan classifies the area in the vicinity of the project area as Conservation. The
waters in the project area are classified as SA•ORW by the N.C. Division of Water Resources. 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.
PROPOSED PROJECT
The applicant proposes to reconfigure and expand the existing docking facility to include an expanded floating dock
for a total of 4 boat slips. The reconfiguration includes moving the existing ramp approximately 10' landward of the
gazebo extending south. The ramp would extend onto a 12.5' by 6' float positioned parallel to the shoreline and an
additional 8' by 40' float would be attached to the southern end extending in a waterward direction perpendicular to
the shoreline. The proposed 8' by 40' float would not extend farther waterward than the existing platform and gazebo,
which currently extend approximately 111' into the 567' water body. No existing or proposed development would be
within the 15' riparian setback (see Sheet 1 of 2).
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

8504 Bald Eagle Lane, Dennis Duke
Page Three
10.
As proposed the new structures would result in the incorporation of approximately an additional 395 ftz of Public
Trust Area and Estuarine Waters. The project area consists of open water, no impacts to vegetated wetlands or to
the high ground areas are proposed. The constructed features would not encroach into either adjacent 15' riparian
setback, nor encroach into the established pierhead line. SAV habitat is mapped in open water areas between the
coastal wetlands and the gazebo. No proposed boat slips or floating docks are located within the mapped habitat.
Minor increases in turbidity should be expected during project construction.
Submitted by: Katharine Elks Date: March 3, 2022 Office: Wilmington
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

OCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127J06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applleent/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
r .�! s
MI
Last Name
Ic. c- -
Applicant 2: First Name
MI
Last Name
Or additional applicants, please affach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
ZIP
a'�Sac�
Country
Q, S.
Phone No.
9/g -NlY • 38s3 9m.
FAX No.
Street Address (d different from above)
City
State
ZIP
Email ]� I
bt.tLe CP4 4D
SHAi�.C�iM
2. AgentflContractor Information
Business Name �(yy �y
�y
a 4a ( n `truckt.a.J
Agent/ Contractor 1: First Name
MI
Last Name
�-/Z
Agent/ Contractor 2: Fl Name
MI
Last Name
Mailing Address
PO Box
city
Xo,�
State
/U. e.
ZIP
Phone No. 1
Phone No. 2
,1v03
a 91103
I
ext.
ext.
FAX No.
Contractor B
Street Address (it different from above)
city
State
Zip RECEIVE
Email
8ECEIVEDMAR 0 7 2
i H h M Iv o
LB,
22
<Form continues on baclo FEB 2 A-MHD CITY
DCM WILMINGTON, NC
232-808 2808 .. I-9E9-4RCOAST .4 www nCC4fl 5t3tm'ln 3yen. an l.n et

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Prolect Location
County (can be multiple)
Street Address
State Rd. M
ijr -
Soo 3Q�r� La5Ic-",.e
Subdivision N�tae�
J�
City, r
State
NC
zip
8'///
lvec
W;/Mrr-j
o'
Phone No.
Lot No.(s) (it many, attach addNional nape with list)
°i q/$--ext..3 9S3
b. Name of body of water nearest to proposed project
a. In which NC river basin is the project to a'/BAQJ?
l-.�l;4, Oa lc (/_"0a-
--J-�' sort Sou-••0-/
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
Natural ❑Manmade Ounknown
I C L...) L�)
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
[]Yes Wo
work falls within.
1 ). /i-riti5,4,,..J
'L sits DowilpNon
a. Total length of shoreline on the tract (ft.) / tt_C
b. Size of entire tract (sq.ft.)
IW >Iafl>a
'4(,7,9003f
c. Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
l
Vlt /
NWL (normal water level) g
(it many lot sizes, please attach edditronafpage with a list)
[ZNHW or ❑NWL
e. Vegetation on tract
10ti01sC_QeeC y0.0j) CoaS a(rtors
f. Man-made features and uses now on tract
boa`f f• f )<r F/eary•`•S c�eelc
bulle_ teod J ;«� �47cloo�
g. Identify and describe the existing land uses adjacent lto the proposed project site.
ifs id e...`t is ( ho<r. r S
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
!ti , If
K
zoning compliance certificate, if applicable)
,,/
try r'' �'��br
Was ❑No ❑NA
I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes Wo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes fiRjVo ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a []Yak _- o 'fr-�1''NA
I;--- V F r')
National Register listed or eligible property? '%
<Form continues on next page>
FEe 2 3 �9�' RECEIVED
i)CM WiI Mjn'c;rc; MAR 0 7 2022
?SY-RQa 280R .. r 868.4 R: OAST www. n: cnaata=rr nnsg; m e nt.
bCM-MHD CITY

Form DGM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? 0,Yes ❑No
III) Are there coastal wetlands on the site? I$Yes []NO
(it!) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes EINo
(Attach documentation, If available)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
GJc !l
p. Describe existing stone water management or treatment systems.
Sul4ace- rC4i
5. Activities and lmpacta
a. Will the project be for commercial, public, or private use? _ ❑Commercial ❑Publio(Govemment
P i u O*C- BPrivata/Ccmmunity
b. Give a brief description
/fof purpose, use, and daily operations of the project when complete.
N^Y'/oq ri.�3 C�v�. �cl �J Moo i �lJ Qas ir'G
Cw
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipm t andwhereit is to be stored. ` , ,,/
lr'vSs / IGtpT 0.+1 Sr TP..
p►o `!da /s �0 6u:! 6/ /D4ry !w S �oC-/r:S
d. List all development adMties you propors�'e. / r
1, \fL it Y-/o c. Yin.S doe-&C P,
e. Are the proposed activities maintenance of an existing project, new work, or both?
N6 of wv/- le -
I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.R or ❑Acres
/JONe
g. Will the proposed project encroach on any public easement, public accessway or other area []Yes 2Mo❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
I. Will wastewater or slonnwater be discharged into a wetland? ❑Yes BNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No [INA RECE�y�
j. Is there any mitigation proposed? ❑Yes g 9NA
If yes, attach a mitigation proposal. `° t V' j }
901
V2
FEB 2 3 2077
<Formcontinuesonback> DCM-MHD CITY
DUA WILMI')IN, NQ
'7. tS 7.•RAtt-?GOS 3dd•4RCOAST !. w'.v',r nst

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application torm, (MP-1) the following Items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
Instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated wok plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the allected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name 0 " A i"d• 4,' r Phone No.
Address gS0 P iaa (G� L c It La 1 f
Name •--�,,.r; �uf5 Phone No.
Address ej fpo 6n lot Lea I r La--� f.._J �i++�f N ?$ "//on
No" Phe No.
AddfM
g. A list of previous slate or federal permits Issued for work on the project tract. Include permit numbers, pennittee, and issuing dates.
h. Signed consultant or agent authorization form, 0 applicable.
1. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. CetWicatlon and PermisaJon to Enter on Land I
I understand that any permit issued in response to this application will allow only the development aescrioea in the appucarion.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of m knowledge.
Date if /XobZ_ Print Name if ." tip e
Signature aT
Please indicate application attachments pertaining to your proposed project. RECEIVED
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts CI�G V G
❑DCM MP-3 Upland Development REC[i j'
fiRDCM MP-4 Structures Information MAR U 7 2022
FEBM^"
-MHD CITY
.QUA Wll nAlNrrnry fd
2+? 80�-?30a 1 138 IRCOASi w•.v w.n•:co aSWi;r,, ,a�an,a�l.uat

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable
a. (i) Is the docking facility/marina: b.. (i) Will the facility be open to the general public?
❑Commercial ❑PublirtGovernment 25Private/Community ❑Yes IRlo
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? []Yes KNo
(it) Number // / I r
It yes:
(iii) Length [ 1 / yr!
(ii) Number
�0
(iv) Width
(iii) Length
(v) Floating Yes ❑No
(iv) Width _
(v) Floating []Yes []No
e. (i) Are Platforms included? []Yes Mo
I. (i) Are Boallifts included? []Yes KNo
If yes:
If yes:
(i) Number
(it) Number
(iii) Length
(iii) Length _
(iv) Width
(iv) Width _
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dripfine dimensions.
g. (i) Number of coca 2l1 rL
1
h. Check all the types of services to be provided.
LJ
F's�exsfing
❑Full service, including travel lift and/or rail, repair or
-A+)
(ii)Number of
maintenance service
Jvr
d^
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips") only, number of slips:
❑ Dry storage; number of boats: _
❑ Boat ramp(s); number of boat ramps:
Ir, -Other, please describe:
n�;.,OI� o/ cage
i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charter boats, sail boats, mixed types).
gOpen water, dredging for basin and/or channel
J$Apen water; no dredging required
[]Other; please describe:
RECEIVED
k. Typical boat length: la. I. (1) Will the facility be open to the general public? MAR U 7 2022
❑Yes NjJo '
m. (i) Will the facility have tie pilings? DCM—MHD CITY
❑Yes (9No
(ii) If yes number of tie pilings?
r:at

Form DCM' MP-4'(structures, Page 2 of 4)
12 DOCKING FACIUTY/NARINA 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: N
❑ 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 trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the bcalion and number of'No Sewage Discharge' signs proposed.
(ii) Give the location and number of "Pumpout Available' signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and 'No Wake" signs proposed. l�/A
f. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
J. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
MAR 0 7 2022
If This project is an expansion of an existing marina, whet types of services are currently provided? DCM-MHD CITY
m. Is the marina/docking facility proposed within a primary or secondary nursery area? FEB 2 3 2022
Ives []No
DCM WILMINGTON, NC
752.808.2308 :: 1.338.4Pr0A3T :: revisad: 1212708

Form 9CM'MP-4'(Structhrres, Page 3 of 4)
Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
Oyes �No
o. Is the madna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL RNone
p. Is the proposed manna/docking facility located within or within dose proximity to any shellfish leases? ❑Yes Mo
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lilts) (his section not applicable
a. (i) Is the boathouse strudure(s):
❑Commercial ❑PublidGovernment ❑PrivatelCommunity
(ii) Number
(iii) Length
(iv) Width
Note.Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. I/ a rock groin, use MP-2, Excavation and Fill) This section not applicable
a. (i) Number
(ii) Length
(iii) Width
t3. BREAKWATER (e.g., wood, sheelpile, etc.) ,?his section not applicable
a. Length _ b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
16. MOORING PILINGS and BUOYS OThiS section not applicable
a. Is the structure(s):
❑Commercial ❑PublidGovernment ❑Privale/Commun)ly,
c. Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, ifpresent,
e. Arc ofthe swing
7. GENERAL
It. Number
d. Description of buoy (color, inscription, size, anchor,kaEIVED
2022
DCM-MHD CITY
RECEIVED
FEB 2 9 2022
QCM WILMINGTON, NC
282.8a8.280e o: 1 8d8.4RC,A?Y! v1W,v.nc1oaJtalm1NQemani.net revised; 12r2-f 05

Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
33 � rr I g
Note: For buoy or mooring piling, use arc of swing including length
of vessel
c. Width of water body
�) r
e. (i) Will navigational aids be required as a result of the project?
❑Yes J}No ❑NA
(ii) If yes, explain what type and how they will be implemented,
b. Proximity of structure(s) to adjacent docking facilities.
bN' /6(,'
d. Water depth at watenaard end of structure at NLW or NWL
8. OTHER Ei7his section not applicable
a. Give complete description:
I/Vo/82
Date
Project Name (�
Applicant Name
Applicant Signatu
RECEIVED
MAR 0 7 2022
'PECF-:i)ff`CM-MHD CITY
FEB 2 3 2022
QCM WILMINGTON, NC
232.801.-2808 i-838.41F!CGA:?T:: revlaeA: 12.2708

ROY COOPER
Qovernor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Jimmy North
6314 Wrightsville Ave.
Wilmington, NC 28403
Dear Mr. North:
NORTH CAROLINA
Environmental Quality
March 3, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Dennis
Duke, for State approval for development of the subject property located at 8504 Bald Eagle Lane, adjacent to the
Atlantic Intracoastal Waterway (Al", in Wilmington, in New Hanover County. It was received as complete on
March 2, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision
is May 16, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline stated above, you should consider the
review period extended. Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from March 2, 2022, you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
r +
Katharine Elks
Field Representative
cc: Cameron Luck, DCM Holley Snider, DWR RECEIVED
USACE Dennis Duke, Applicant
Christine Bouffard, LPO
MAR 0 7 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Dlvislon of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

AMA PERMIT
APPLIED FOR
PROJECT:
,&
of
may %A%MJN e
m AlWW in Wilmington, ew anover County
0
o m
qpMMENTS ACCEPTED THROUGH �.>..,....� �n �n�2
N--)7sza7 - .. ....� i. vim.` --
N
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
nannw: n..iro i1
225 South Main Street NC Div. of Coastal Management
Fuquay-varina, NC 27526 127 Cardinal Dr. Ext.
Wilmington, NC 28405
c/o Jimmy North Katharine Elks [phone]
[e-mail]

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
NORTH CAROLINA
Environmental Qualay
• 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 fife 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.
S' cerely,
Tanya ietila
Permitting Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE RECEIVED
MAR 0 7 2022
DCM-MHD CITY
D_EQ� North Carolina Department of Environmental Quality I Division of Coastal Management
Wlminvan Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
• ��•A 910.7%.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On February 27, 2022, Marin Gilmore &
Christopher Wilson proposed to replace the existing two (2) slip docking facility associated with
Z.
121 Beach Rd. South & construct a new Three-(3) slip jacility that would cross the shared riparian
line, resulting in three (3) formalized slips in 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 the AIWW with associated wetland
disturbance at 303 Bradley Creek Point Rd, adj. to the 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.
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
D_North Carolina Department of Environmental Quality I Division of Coastal Management � ��
Wilmington Olhlee 1127 Cardinal Drive Extension I Wllminipm North Carolina 2a405
�+"'N� 910.7%.7215

11115/2M
Umal - L)WR regwsts
Jlmr^y North <[e-mail]>
Draft To: 1/ A,t GV c L A, s/ O i') <�i!,4
From: Jimmy North
Coastal Marine Construction
6314 Wrightsville Ave.
Wilmington, N.C.28403
910-231-8514
�s_••-•nt {\Ap"'1 C1,..7rn1,e','nloi'^�gMafl.fAm>
Job - e_ 5 -�,_.<> (I R C4 /I l:C le LB, .ve_
Sun, Nov 15, 2020 at 8 50 AM
1"he project proponent hereby certifies that all information container!''�--'- - - --�•^2!e, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying autho-ity re• -- :wd tat-
CWA 401 certification request within the applicable reasonable pellu:
Thank you,
Jimmy North
RECEIVED
FFB 2 3 2022
UCM WILMINGTON, NC: RECEIVED
MAR 0 7 2022
DCM-MHD CITY
https://mail.google.c,m/mail/ul0?ik=82ede&4342&view=pt&search=drafts&parmmsgid=msg-a%3Arg2O48Ol9l5l84gl6622&dsgl=l &simp1=%23msg-e... 1/1

AGENT AUTHORIZATION FOR LAMA PERMIT APPLICATION
Neme.of. Property Owner Requesting Permit: c2��'6
Mailing Address: $jT �T
Phone Number:
Email Address:
I certify. that I have authorized
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: -
9
at my property located. at & 4 at oj �I �°a"'
in Mug dojbijeapounty.
l furthermore cer* that I am authorized to grant, and do in fact grant percussion to
Division of Coastal Management staff, the Local Permit Officer, and their agents to enter.
on the, aforementioned. lands in oonnection withevaluating information related to this
permit application.
t
Pr rty owner lnt. n: t
i
c ature.
t ��
Print or Type Name; RECER ED
Title MAR 0 7 022
Date
This certification is valid through , k l l�/y
DCM-MH I CI
REGEIVL:I.r
FEB 2 3 202Z
l7CM WILMINQTQN, W, -`-
)I i
i
I

N.C. DIVISION OF COASTAT" �.VgeNV `";"n7EMT
ADJACENT RIPARIAN PROPERTY OWNER N(..... ^,A"" OWWAWER FORal
CERTIFIED MAIL • RETURN RECEIPT REQUFS i I DD or HAND DELIVERY
(Top portion to be completed by ovvnr- or their agent)
Name of Property Owner: �LJ� �C
Address of Property: d 5 O C I > a 1e1 tc� L.�. Aix, D"1//
Mailing Address of Owner. 42 9 "Z 5 M o rrn. S Y .�_ Hid N 0 59 - 1 4V A�
r a17 S26
Owner's email: b) S hi a,1.noOwner's Phonak _ k// 4 4/ 5' - Sit .l 3
Agent's Name: 1i`Mhy r0o�fZ AgentPhonefr: .;;
^�i/O-31 75/�/
Agents Finad _ n ,, �/ n,� c�� Z 0 �, L I a e_ o -1 .. _
ADJACENT RIPARIAN PROPERTY f1WN,.,R 7020 3160 0001 9590 3990
(Bottom portion to be completed by thq n t
I hereby car* that i own property adjacent to the above referent o _
permit has described to me, as shown on the aifached drawing, ai y s
A d or with acre o must be ormovkled with_
1 DO NOT have objections to this proposal. I U e
if you have objections to what is being prod, You
Management (DCAq in writing within 10 days of recelpf of
maifedto127CardindDriveEX Wdming10%NC28M.DCU f M
(9f0j 796-7215. No response is considered the same as no
Certified Mail. ? iA 1 �� r
VIIAWMSECI!ION Z I t
I understand that any proposed pier. dock, mooring pfltngs, twat r, ?r"
must be set back a minimum distance of 15' from My area of
8
does not apply to bulkheads or riprap revetments)_ Of you wish b
appropriate blank below.) ! a
I DO wish to waive some/aii of the 15' setback
i
Signature of Adjacent Ri
-0R-
I do not wish to waive the 15' setback requirement (inifiaf the blank)
Signature of Adjacent Riparian Prop" Owner tt.
TypedlPrInted name of ARPO:
Mailing Address of ARPO: a 5 nd dad t-o-gle- Ln
ARPO'semail:� hV �t��I�3 2P-0al ARPO'sPhcroo: o
Date: Jam= vrahw is valid for up to one year from ARPO's SignstuW ej
RECEIVED Revised May2021
FEB 2 9 2022
RECEIVED
DCM WILMINGTON, NC
MAR 0 7 2022
DCM-MHD CITY

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NO"IFIr^.ATION/WAIVER FORM
CERTIFIED MAIL - RETURN RECEIPT REQUESTF_D or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner. D e ,. N , S
Address of Property: 1? 5 O y l 1 a, lei /- /c_ L 41
Mailing Address of Owner. ;2 S 5 P'1 a 1 ti `(.� (_ ,,,1( a - / A/„� a� aV
Owner's email: bi)ulcre(d2 L)Sn°;J.cOOwne1'sPhone#: ///9-31153 47 S26
Agent'sName:�~nhy A.7oLJt AgentPhnne#
Agent's Email. �-i_ ii �'+.•�.:� I @ i i n J C o
ADJACENT RIPARIAN PROPERTY OWNER'S
i hereby certify that I own property adjacent to the above refierenced 1
permit has described to me, as shown on the attached drawing, it
A descdotion or drawing, with dimensions, must be provided with thi
�y I DO NOT have objections to this proposal. I o0
If you have objections to what Is being proposed, you must
Management (DCMJ in writing within 10 days of receipt of this
mailed to 127 Cardinal Drive 0M WNmington, NC 2W05. DCM re
[phone]. No response is considered the same as no of
Certified Mail_
WAIVER SECTION
I understand that any pmpased pier, dock, mooring pilings, boat ran
must be set back a minimum distance of 15' from my area of ripatia
does not apply to bulkheads or riprap revelments). (If you wish to w
appropriate blank below.)
I DO wish to waive sometail of the 1 setback
7020 3160 0001 9590 3983
y3 B❑ $o a 0 ❑
&5
Will
n
U
k
Signature of Adjacent Ripa&1.,y
-OR-
I do not wish to waive the 15' setback requirement (initial the jrlank) _ Y\ 2 -5
00
Qco
Signature of Adjacent Riparian Property Owner.
TypediPrinted name of ARPO: jil-n
Mailing Address of ARPO: 8-Rd'6A440 �L �� (t/r� wll nfGtiiirtl A)
s�D
ARPO's email: QQ�UrJL tI P Grt'%/l� G'1,� ARPO's Phnbze`r?: 7�� -?,N 7
Date: a�-"...-f—•q �- *waiver is valid for up to one year from ARPO's Signature' l•, I
RECEIVED ZGEIVED
FEB 2 3 2r•> FEB 2 3 MAR 0 7 2022
DCM WILMINGTON NC
DCM WILMINGTON. NC DAM-MHD CITY

REBECCA T CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
............................................................. .............................. i........,...................
Filed For Registration.
Book:
Document No.:
NC REAL ESTATE. EXCISE TAX -
Recorder:
03/11/2003 02:17:30 PM
RE 3683 Page: 330.338
2003013673
DEED 9 PGS $35.00
$1,170 00
MARVIS ANN STORER
,....... u..........uu........uu.uw.uu.nm...............uu...«n..u}...........u.....uu...... uw...
State of North Carolina, County of New Hanover
The foregoing certificate of PATSY B SNYDER , DEBORAH COKER , RICHARD E BROWN III, SARA HOLTZ ,
LYNN R WARD, MELISSA RICHARD , KATHLEEN FLATTERY ABRAMS , BILLIE Y HENDERSON , DEBORAH H
CALDWELL , JOSEPH R WATKINS Notaries are certified to he correct This 11TH of March 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
Deputy/AaNetent Register of Deeds D
.................................. .............. ....................... ......................... I .......... ......... .... REC V EI"CG
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. N'IAR 0 7 2022
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
'�L:CEIVEL DCM-MHD
*2003013673* FEB 23?02i
2003013673 I7crI wn.

STATE OF NORTH WCAROLI_
COUNTY OF M -N1WOVn .Qb
CcAjd' je\ a Notary Public
in and for the State and County aforesaid, do hereby certify that
Hugh T. Caldwell, Jr., and wife, Linda W. Caldwell, personally
appeared -before me this date, and acknowledged the due execution of
the foregoing instrument.
WITNESS my hand and Notar:
2003.
My Commission Expires: S 14-CA
STATE OF NORTH CAROLINA COUNTY OF 4M*-&&W(KW pe jje /I
I,- Tn�i.' R �aI G1_'7C1 AlC a Notary Public
in and for the rate and County aforesaid, do hereby certify that
Charles L. Caldwell and wife, Deborah H. Caldwell, personally
appeared before me this date, and acknowledged the due execution of
the foregoing instrument.
2003. �
WITNESS my hand and Notarial Seal, this the _Bday of March,
My Commission Expires: /flwy 1.1 a006
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Public /+'� pl Z
� j 0001iaf .
I, in and for tthNotary Public
e State i d County aforesaid, do hereby certify that
Cheryl B. Stone, unmarried, personally appeared before me this date,
and acknowledged the due execution of the foregoing instrument.
////`f�• 11F'Vdf ITNESS my hand and Notarial Seal, this the
/vOTA200 r day of Marc,NECEIVED
p�OL�C•i 6AL�AAIdi�o
�h:............. N tary public MAR U 7 2022
Expires: cf,3p-63
DCM-MHD CITY
FFB 2 3 202l

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I,
c�CalL a Notary Public
in and for the State d County aforesaid, do hereby certify that
Helen S. Litchfield, unmarried, personally appeared before me this
date, and acknowledged the due execution of the foregoing
instrument.
WITNESS my -hand and Notarial Seal, this the
2003.
My Commission Expires: �� /�, 7
STATE OF NORTH CAROLINA �/
COUNTY OF NEW HANOVER
1, for the State
County
a Notary public
in and for the State and County aforesaid, do hereby certify that
Leon D. Brown and wife, Sylvia G. Brown, personally appeared,b"aw
me this date, and acknowledged the due execution of the
instrument.
WITNESS my hand and Notarial Seal, this the
2003.
o4-oSot<, Notsty lic r
My Commission Expires: afp
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
�Ap I, i l Q �I "�Q"'l'�'"`"„' , a Notary Public
and for the State and County aforesaid, do hereby certify that
'cis A. Brown, unmarried,
"" ' personally appeared before me this
:'.�:•da and acknowledged the due execution of the foregoing
A43U ent.
TNESS my hand and Notarial Seal this the �il
4
,2 �+. ay of March,
rog .,
u.
My Commission Expires: 9`30'O 5 Noty Public RECEIVED
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
MAR 0 7 2022
I• Lao Notary Pub1DCM-MHD CITY
In and for the StatV and County aforesaid, do bereby certify that
as E. Brown and wife, Ann W. Brown, personally appeared before
,i 11N,., date, and acknowledged the due execution of the foregoing
..��..ip�swumpnt .
t� l, this the day of NESS my hand and Notarial Sea`� ({ JIVED
A ,^ .�g _ M3tL•R
:
..�- 12a� fQ•�.-R432022
My Commission Expires: 9-3p-0.3 19otary Public
XM WILMINGTON, NO

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I," , � a Notary Public
in and for the State and County aforesaid, do hereby certify that
Helen S. Litchfield, unmarried, personally appeared before m e
date, and acknowledged the due execution of the
instrument. rR S- ,
WITNESS my hand and Notarial Seal, this the
2003. //, , ,
My Commission Expires: C1 � / xi 'OtV7
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, w7HWo Flaikyq 'i Yam` a Notary Public
in and for the State and County aforesaid, do hereby certify�'Wikt
Leon D. Brown and wife, Sylvia G. Brown, personally appear 4
me this date, and acknowledged the due execution of thq�rq
instrument. ff A,
WITNESS my hand and Notarial Seal, this the
2003.
`gyp u4-M-0(0 Notary
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER �I 2 n ^
I,� �� l7'ao- a Notary Public
in and for the State and County aforesaid, do hereby certify that
Patricia A. Brown, unmarried, personally appeared before -me this
11r and acknowledged the due execution of the foregoing
pTARy'•:o'
ITNESS my hand and Notarial Seal, this the ,7U-Lday of March,
n�,"`��' q3o-°3 tars Pnblic RECEIVED
Commission Expires:
STATE OF NORTH CAROLINA MAR 0 7 2022
COUNTY OF NEW HANOVER
1, (i _, a Notary P®GM-MHD CITY
in and for the Stat and County aforesaid, do hereby certify that
omaa E. Brown and wife, Ann W. Brown, personally appeared before
is__ date, and acknowledged the due execution of the foregoing
r,1p1ARYii "
wi , �.• TNEBS my hand and Notarial seal, this the 1:( FlVi'i�
_, 4 day of March,
Votary Public
iseion Expires: q-.�o-gj

I ' 'a u�w K4 �(Seal;
KTMBERLY BROWN LEE
STATE OF WI CONS N
COUNTY OFQYI
I'.. SIIN— �' a Notary Public
in and for the State and County aforesaid, do hereby certify that
Kimberly Brown Lee, personally appeared before me this date, and
acknowledged the due execution of the foregoing instrument.
WITNESS my hand and Notari
2003.
My Commission Expires: 5-15'2ci
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, Lynn R. Yard , a Notary Public in and for the
State and County aforesaid, TO hereby certify that Leon D. Brown as Executor
of RICHARD E. BROWN ESTATE, personally appeared before as this date, and
acknowledged the due execution of the foregoing instrunent.
February
WITNESS my hand and Notarial Seal,
�this
� the 28th day ofmilazah. 2003.
v Notary Pu c
My Commission Expires: 5-18-03 •"""0"'•
^."aN R.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
pOTggI&U
A(/9LIG a =
I, • - m A , a Notary Public in and for the
State and County aforesaid, do hereby certify that Thomas E. Brow as Executor
of RICHARD E. BROWN ESTATE, personally appeared before me this date, and
acknowledged the due execution of Lhe foregoing instrument. RECEIVED
WITNESS my hand and NotaC4*;
2003.
MAR 0 7 2022
My Commission Expires: 5'. 9""•..., DCM-MHD CITY
E R w
i NCTA
20.
H L
FEBg20'1.2 s:
am• �U
� i Al/BLIG ,•' 2,
,'OCM WILMINGTON, NG

MIICCMBL J. DOLAN/ J4"Io"
STATE OF NORTH WOLINA
COUNTY OF.�IL/n
I' a Notary Public
in and for th State and County aforesaid, do hereby certify that
Carolyn C. Dolan and wife, Michael J.Dolan, personally appeared
before me this date, and acknowledged the due execution of the
foregoing instrument.
2003.
My Comn
STATE C
COUNTY
WITNESS my hand and Notarial Seal, this the 3 say of March,
I,
in and . - -6aca anu county aforesaid, do hereby certify that
Richard E. Brown, III, unmarried, personally appeared before me this
date, and acknowledged the due execution of they q
instrument. _,w�
J/
WITNESS my hand and Notarial S al, this the of
2003.
My Commission Expires: oil-ILI-o4 """"X-' RECEIVED
STATE OF GEO GIA
COUNTY OF[lnnrfrMAR 0 7 2022
I,_ �(he St t 3nd county
, a Notary PutDCM-MHD CI
In and for the State and County aforasaid, do hereby certify that CITY
�1�III�� Deborah S. Coker, unmarried, personally appeared before me this
1lLV �IVI*I�date, and acknowledged the due execution of the foregoing
instrument.
FEB 2 3 202� WITNESS my hand and Notarial Seal, this the St%` day off ' `
003. vv GG o �•
��G o W Qy'•,+
DL'M WILtA1P2GTUN, fit . /y�,�,.^ yr/" n f iP,�
Notary Public t a
My Commission Expires::Vy. .QJeb
'v dO*0'p�e
Yy0MWEq=1a 'YQtYtMNt

Together with all and singular the tenements, hereditaments and
appurtenances thereunto belonging, or in anywise appertaining.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all
privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor is
seized of the premises in fee simple and has the right to convey the
same in fee simple, that title is marketable and free and clear of
all encumbrances, except 2003 ad valorem taxes, and ordinances and
municipal building code restrictions, if any, and that Grantor will
WARRANT and DEFEND the title against the lawful claims of all
persons whomsoever except for exceptions herein stated.
IN WITNESS WHEREOF, the Grantor has hereunto set their hands
and seals, the day and year first above written.
dJ t4 O� (Seal)
HELEA
S.
LITCHFIELD
IV
(Seal)
LEON D. BROWN, individually and Executor
of A6CHARD E. B pWN [ete
(Seal)
SY IA G. BROWN
.� )8L,c.. e a -0 (Seal)
PATRICIA A. BROWN n'. ,,,,
✓✓ e &. " (Seal)
THOMAS E. BROWN, individually and Executor
of BARD)/E WN ESTATE
/f��/W• wmA (Seal)
ANN W. BROWN
✓
f
(Seal)
HUG . CALDWELL, JR.
J
(Seal)
L/I�NDDA W. CALDWELL
(Seal)
CHA-�R`/,�,LES L. CALDWELL
Otbaa.iL 0 � Lfi1,rD D
(Seal)
DEBORAH H. CALDWELL
v 6. / ' � ""`" (Seal)
CHERYL Ir. STONE
RECEIVED
MAR 0 7 2022
FFB 2 9 2022 DCM-MHD CITY
0CM W)LIPAIi,GTQN, NC

W I T N E S S E T H:
THAT WHEREAS, Richard E. Brown died and his Will is found in
File No. 00 E 1166, in the New Hanover County Clerk of Court's
Office; and
WHEREAS, the beneficiary under his Will who owns an interest in
this property are Leon D. Brown and Thomas E. Brown ; and
WHEREAS, Leon A. Brown and Thomas E. Brown, Co -Executors, joins
in this Deed to satisfy the requirements of North Carolina General
Statute 2BA-17-12; and
THAT said Grantor, for a valuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, has granted,
bargained, sold and conveyeO and by these presents does hereby
grant, bargain, sell and convey unto the said Grantee, their heirs
and assigns, in fee simple, all that certain lot or parcel of.land
situated in Cape Fear Township, New Hanover County, North Carolina,
and more particularly described as follows:
ALL of Lot 26 in eectioa a, acaordin NECK
the eSsurrve
4 y prepared by
J.A. Loughlin, in August 1949, and recorded in the office of
the Register of Deeds of New Hanover County in Nap Book 5, at
Page 23. Also, such title and interest as R.S. Brown had to
that portion of land and water lying between the lot heretofore
referred to and the Inland Waterway within the lines extending
their property lines as ahown on map above referred to running
at a right angle of the road across the land, water, etc., to
the edge of the waterway.
Subject however, to an easement in favor of Carolina Power and
Light Company for the erection of poles and otherwise erecting
and maintaining electric, ,power, and telephone lines subject
further, to certain restrictions placed on this property in an
effort to enhance its value and protect present and future
owners which restrictions are part of consideration of this
conveyance and are recorded in Book 364, at page 419.
FEB 2 3 2022
Dr.;.aW,L �.�! :ISTr:-\1'Ar=CEIVED
MAR 0 7 2022
DCM-MHD CITY

1101u111IN11
FOR RER�gEGWIT� REGIGTER K MEDq
K4 4,g10�q CW4�1 i, NC
FIN
8K 364 PG 330-33381FEE005 00
K REV STAPP41,170.00
I6M ER t 20M
(EXe se Tabs) $1170.00 'Recording time, Book and,�4 TO
ALLEN ANDlAACDONALD
Tax Parcel No. R03809-001-001-000 150e MILITARY CUTOFF ROAD
R03809-001-001-000 SUITE 102
WILMINGTON, NC 28403
Drepared By: James -A. MacDonald, Attorney
1508 Military Cutoff Road, Suite 102
Wilmington, N.C. 28403
After recording mail to: Dennis a Carolyn Duke
5700 Dutch Creek Drive
Raletah. HC 27606-8600
4#fifff#fiRRff#f##fiff#1f#f1i1f###11f Rfiflfit1f11#ff###tf 1111tfi Rf lf#fRf
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
THIS DEED, made this 7rh day of March, 2003, by and between
HELEN S. LITCHFIELD, unmarried, an undivided 1/6 one -sixth
interest), LEON D. BROWN as Executor of RICHARD E. BROWN ESTATE and
individually with his wife, SYLVIA G. BROWN, an undivided 1/6 one -
sixth interest, PATRICIA A. BROWN, unmarried, an undivided 1/6 one -
sixth interest, THOMAS E. BROWN as Executor of RICHARD E. BROWN
ESTATE and individually with him wife, ANN W. BROWN, an undivided
1/6 one -Sixth interest, HUGH T. CALDWELL, JR., and wife, LINDA W.
CALDWELL, an undivided 1/18 one -eighteenth interest, CAROLYN C.
eighteenth0interest,, CHARLES. L. CALDWELL na d dwife, DEBORAH one-
H. RECEIVED
CALDWELL, an undivided 1/18 one -eighteenth interest, RICHARD E.
BROWN, III, unmarried, an undivided 1/24 one-twentyfourth interest,
KIMBERLY B. BROWN LEE, unmarried, an undivided 2/24 one- MAR 0 7 2022
twentyfourth, DEBORAH B. COKER, unmarried, an undivided 1/24 one-
twentyfourth interest, and CHERYL B. STONE, unmarried, an undivi�'+
1/24 one-twentyfourth interest, hereinafter called the Grantor, MM-MHD CITY
DENNIS DUKE and wife, CAROLYN DUKE, hereinafter called t4efdrAh'ce6'.
The designation Grantor and Grantee as used herein shall include
said parties, their heirs, successors, and assigns, a Q) �.}1.
include singular, plural, masculine, feminine or neuter ae �4gUited
by context.

_.s OG4w. b,
30
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SiNCIQI .'" 1�fNh+i 5 �./u �C e
g5ou j3ala/ L:45/r La...�
45os'
Lc-- rd
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fKrS rN�
a'
O !rL a
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
hla��

o
RECEIVED
FEB 2 3 2022
DCM WILMINGTON. NC
0
W
W
C)
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cr
Uuk
,*,I
1ary�

Elks, Katharine B
From:
Jimmy North <[e-mail]>
Sent:
Friday, February 25, 2022 3:43 PM
To:
Elks, Katharine B
Subject:
[External[ Re: 8504 Bald Eagle - Duke
Attachments:
i mag e001. png
Follow Up Flag:
Follow up
Flag Status:
Flagged
✓Ill("i�fy�� �,. t� 'lll,� Jl ' ). 11 ��J Li�ti(' ��', i�cL J I l?: �inl ua�t: d
; ao
x
Go for it
Thanks very much, have a good weekend.
On Fri, Feb 25, 2022, 2:50 PM Elks, Katharine B <[e-mail]> wrote:
Hi Jimmy,
Let me know if you hear anything from Mr. Duke about reducing the slip count by adding the pilings to the back of slip
1. This application should be ready for distribution as soon as Monday if I hear back about that.
Thanks,
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
RECEIVED
MAR 0 7 2022
DCM-MHD CITY

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(a)NCDENR. oov
SUBJECT: CAMA
Applicant: Dennis Duke
Project Location: 8504 Bald Eagle Lane, adj. to the AIWW in Wilmington, New Hanover County
Proposed Project: The applicant proposes to reconfigure and expand the existing docking facility to
include an expanded floating dock for a total of four (4) slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by March 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
AGENCY
SIGNATURE
DATE
RECEIVED
DMAR 0 7 2022 North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North CarolhDeM_MHD CITY
HwTM uaww
910.7%.7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
Applicant: 1le-v Vws
AEC: �, rr' I W:j
Fee. $ WO #
CDAITS MHC cc
Oran. Y—A4lA6WV`t V1.t ` � r.namu. ......n..y.v..
Project Name: tLZ oA t t Rover File: n/a River Basin
Initial dale of application submittal: ¢ ao a
Date application "received as complete" in the Field office:
Permit Aulhorization: IXCAMA ❑ Dredge &Fill DBoth
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: Tes No PNA: ❑Yes Mo
Photos Taken: Yes E3 NoD
Setback Required (riparian): Wes ❑No
Critical Habitat: DYes UNo UNot Sure
15 foot waiver obtained: ❑Yes o
Hazard N�ggl4'fication Returned:
❑Yes ❑No
SAV: ❑Yes ❑No XNotSure
Shell Bottom: DYes No ❑ Not
Temporary Impacts: Dyes No
OAgtopeJ
Sure
Sandbags: E]YesXNo ❑ Not Sure
Did the land use classification come
MitigalioI Required (optional):
from county LUP: pgYes ❑No
Dyes Jo
Moratorium Conditions:
EnvironmentaLPosessment Done:
Length of Shoreline:
❑Yes PdNo DNA
❑Yes ❑No WNA
100 / FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- Closed
Q
3QSi"VO• 0� A
t
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
ElHigh Quality Waters (HOW) Outstanding Resource Waters (OR"
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
El (LS) Sea lavender (Limonium sp.)
(SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaiaense)
❑ (SA) Salt marsh cordgrass (Spartina
El (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
(DS) Sall or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicats)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
D Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
Major development extension request -
D II. Public or commercial/no dredge
$100
and/or fill -$400
19 I. Private no dredge and/or fill - $250
D III(C) Priv. public or comm w /D&F to 1
MAR U 2
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
wv f I
D

Applicant: ULAV2 ( t)fIA P., I c-
11
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and unite of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
ChOoroose
Chhooese
Dimension 1
Dimension 2
Dimension 3
Dimension 4
New Work
Replace
r
�5
(
Maint❑
❑Y JPN
0
New Work r
Replace
S
Maint❑
❑Y($N
r
V
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y [IN
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 includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tam impacts)
impact amount
lam impacts)
amount
/
�/V
Dredge ❑ Fill ❑ Both ❑ Other)
V S
39 S
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
MAR 0 7 2022
DCM-MHD CITY
919.733-2293 :: 1.888.4RCOAST :: www.nccoastalmanaaement net revlsed: 02/28118

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
2/24/2022
Coastal Marine
Dennis Duke
Wells
2506
$250.00
Major Fee, 8504 Bald Eagle Dr,
KE rct.
Construction
Fargo Bank
Wilmington NHCo NO Split
16593
n
�
m
z
0
_
N
o
M
T
11'
n
N
N
v

Major Permit Fee Schedule
Project Name: lam, ,�e- b 6kl County: jJ
1j� �� I\-�
Check No & Amount:
asbLf /Lti.35v
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000962341)
I. Private, non-commercial development
that does not involve the filling or
$25
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
It. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies.
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$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:
RECEIVED
MAR 0 7 202Z
DCM-MHD CITY

Electronic Transmittal
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-00537 County: New Hanover U.S.G.S. Quad: NC-Hampstead

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Dennis Duke

Address: 225 S. Main Street
Fuquay Varina, NC 27526
Telephone Number: 919-418-3853
E-mail: [e-mail]

Size (acres) 0.92 acre Nearest Town Kirkland
Nearest Waterway Intracoastal Waterway River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.292272
Longitude: -77.74322

Location description: The project area is located adjacent to the Intracoastal Waterway at 8504 Bald Eagle Lane, Wilmington,
New Hanover County, NC.

Description of projects area and activity: This verification authorizes the construction of an expanded four (4) slip private
residential docking facility adjacent to the Atlantic Intracoastal Waterway (AIWW). The expansion would include a new 12.5’
by 6’ and 40’ by 8’ floating platform, adding approximately 395 additional square feet of shading to the existing 400 square
foot platform for a total of approximately 800 square feet of shading impact.

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

Authorization: Regional General Permit Number: 197800056 with the inclusion of the following Special Condition.

Special Condition 1: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 1/20/2022, and the enclosed plans ‘Dennis Duke’ sheets 1 and 2 dated 1/24/2022.
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 [phone]) 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 Katharine Elks at [phone] or [e-mail].

Corps Regulatory Official: _____________________________________________________Date: 9/15/2022
Expiration Date of Verification: 12/31/2026

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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished electronically:

Coastal Marine Construction c/o Jimmy North (Agent)

Cameron Luck (NC DCM)

Amanda Cannon (NC DCM)

Holley Snider (NC DWR)
Katharine Elks Digitally signed by Katharine Elks
Date: 2022.09.15 12:36:48 -04'00'

Action ID Number: SAW-2022-00537 County: New Hanover

Permittee: Dennis Duke

Project Name: Duke Docking Facility

Date Verification Issued: 9/15/2022

Project Manager: Katharine Elks

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: Katharine Elks
Washington Regulatory Office
U.S Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
or
[e-mail]

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

Permit Class Permit Number
NEW 65-22
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 Dennis Duke, 225 S Main St., Fuquay Varina, NC 27526
Authorizing development in New Hanover County at adj. to AIWW, at 8504 Bald Eagle Lane, in
Wilmington , as requested in the permittee’s application dated 1/22/22 (MP-1) and 1/20/22 (MP-
4) , including work plan drawings (2) Sheets 1 of 2, dated 1/24/22, and Sheet 2 of 2, dated with initials 3/3/22.
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 docks, piers, pilings, 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) All portions of the authorized structure shall have a minimum setback distance of 15 feet between an y
parts of the structure and the adjacent property owner’s area of riparian access.

(See attached sheets for Additional Conditions)

Dennis Duke Permit No. 65-22
Page 3 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) This permit authorizes a maximum of 4 formalized boat slips. At no time shall more than 4 vessels be
moored or docked at the facility.

5) In order to comply with Condition No. 4 of this permit, pilings shall be installed along the northwestern
edge of the northwestern most floating dock of the authorized docking facility. Any additional vessel or
mooring structures that would increase the number of formalized boat slips without permit modification
shall be considered a violation of this permit.

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

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

8) 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.

9) 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.

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

Dennis Duke Permit No. 65-22
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. 20220368.

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.

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:
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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.