70-22 Kittinger, Joseph & Sandra

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
70-22
Issued to Joseph and Sandra Kittinger, 303 Bradley Creek Point Rd, Wilmington, NC 28403
Authorizing development in New Hanover County at adi. to AIWW, at 303 Bradley Creek Point
Road in Wilmington as requested in the permittee's application dated 12/6/21 (MP-
1 & MP-2) . including work plan drawings (4) Sheets 1-4 of 4, dated 12/6/21..
This permit, issued on July 1, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
tf these terms may be subject to tines, imprisonment or civil action; or may cause me permit to oe nun anu vutu.
Maintenance Excavation — Boat Basin and Channel
I) Excavation shall not exceed -4 feet below the normal low-water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
2) No excavation shall take place at any time in any vegetated wetlands/marsh or surrounding waters
outside of the alignment indicated on the workplan dtawing(s).
3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(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.
e
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Joseph and Sandra Kittinger Permit No. 70-22
Page 2 of 3
ADDITIONAL CONDITIONS
4) A buffer shall be maintained around coastal wetlands within the boat basin as depicted in the attached
workplan drawings.
5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Dredge Material Disposal
6) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredgematerial
deposition into surrounding wetlands or waters.
7) No dredge material shall be placed within 30 feet of the normal high-water line.
8) All excavated materials shall be confined above normal high-water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.
9) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Oyster Relocation
10) To reduce direct impacts to oyster resources, the permittee shall, in consultation with NC Division of
Marine Fisheries, relocate all oysters falling within the dredge footprint to an area immediately adjacent
to the project area in similar water depths and sediment type.
Maintenance Clause
11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.

Joseph and Sandra Kittinger
ADDITIONAL CONDITIONS
USACE Conditions
Permit No. 70-22
Page 3 of 3
12) A "Consent to Cross" authorization from the Corps of Engineers must be obtained for the easement of
the Corps navigation channel prior to material disposal. Provide a written request (including name,
mailing address, phone number and email) and a map showing disposal site and the crossing location to
Justin Arnette at Justin.R.ArnetteOusace.army.mil.
Sedimentation and Erosion Control
13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
14) 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
15) 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.
16) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location. -
17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20080195v2.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level. '
NOTE: An application processing fee of $400 was received by DCM for this project.

DCM Coordinator: Ltr�" Permit#: ZZ—
MAILING DISTRIBUTION SHEET
Permittee: Jo 9c? - 5*. i r� �; , `30'� l � iC M {2� . uh ) ".w 7" 3
Agents: Va4-c- 1.J�
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington '-Fotr (OBJECTIONS )
&A)O--
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Chris Pullinger-401
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
LPO: r,_ L: PL)
(NCDOT) Travis Wilson

Application Review Checklist Letter A 3 J �?JJ1�..��,,��� 75 s%17-
1 ✓tPlacard Comment
Applicant JDScP�+ � SPNLIrF �'11 T�� Pub A—ILI —Comment3
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Agent �;� 1M Deficiency Letter?
DWR ACK Date 2 DWR Statements
Physical Address
Field Rep. 'A. 4W
AECS
(Wi 6 w, pT/k
Habitat /�
Designations �Vy CLaO
Development
Buffer
—
Riparian Notification?
Green Card?
Signed Form? Obbj
Waive 15' Fee Schedule
CIF)
((� mlify
✓
X 1`
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(I -tA b\
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Q G,far ultoki'
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X Deed?
Rappariri`an rights
PH or
From Property line
1/4 width?
Nav/Channel Proximity
Residential
Commercial
FT' calculations
8ft2or27ft2
N/A
ISSUES OF NOTE
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Permit Checklist
Major Development Permit #
Excavation/Fill
Applicant
Address
County
Physical Location including
Waterbody Description
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Fee
MPl MP2 MP3 MP4 MPS
USACE SAW #
Additional Comments On Back

DMSION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Joseph & Sandra Kiltinger COUNTY: New Hanover
PROJECT NAME: 303 Bradley Creek Point Road
LOCATION OF PROJECT: 303 Bradley Creek Point Rd., adi toAIWW, Wilmington RECEIVED
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-3-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A MAR 0 8 2022
FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTO DCM-MHD CITY
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-9-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 5-17-22
HOLDS:
MAIL OUT DATE: 3-4-22
PERMIT FINAL ACTION: ISSUE DENY
FEE REC'D: $400 (60/40)f15542
END OF NOTICE DATE: 3-30-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 3-30-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
rp Jl
DCM — LUP Consistency Determination
Local Permit Officer
'f
Corps of Engineers — Regulatory Branch
DWR-401 Section
14)
DWR—Public Water Supply
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
t
Wildlife Resources Commission
3
MX
DMF — Shellfish SectionDMF
— Habitat & Enhancement
DNCR — Archives & History
')jib
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
3

DCM Coordinator: Cam Luck
County: N -t
Circle o : Bio Repo / Permit for:
Oversize Plans sent: ILK
Permit #:
DCM Offices: 0`V
Morehead City: PT (if oversize) via Courier Iv
'cc Cam & Amanda on group email w/ bio. narr. app. drawings, deed, comment shee
•MHC documents (Cam & Amanda)
Wilmington: Original hard -copy _, 7
ONLY USACE & DWR ryviro/: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: rider & Carteret Co): PN, CL, Reports, Split Sheet _
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
erg (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
+JytieEcBnider•-401 (PN/ON): PN, CL, Reports, Split Sheet
Div of Water Resources: U6heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Vm Harding _
DCM PlannerMiRO:
Ajilie Christenbury
Cultural Resources:
Renee Gledhill -Earley Environmental. ReviewOncdenrgov_
Natural Heritage Prog.
r.R/odney Butler_
DCA-Rural Eco. Dev:
tXark ziegler
NC DOT:
96id Harris
Wildlife Resources:
Dunn w/Reports
//aria
State Property Office:
VIl-i Walton: DEED _
W(ike Moser _
Wanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
Jeremy Humphrey /
(Bio)
,.S iaron Gupton, Admin.
DEMLR: ClIriptine Hall - Stormwater Section _
Sams- Land Quality Section
Public Water Supply: daidi Cox
City of Wilmington: KK ryr Thurston
Enforcement: ✓Fi Id RepyJ,
Co. LPO
Agent:
DISTRIBUTED:
RECEIVED
MAR 0 8 2022
DCM-MHD CITY

RECOMMENDATIONS FOR 303 Bradlev creek Point Rd., Joseah and Sandra Kitttnaer 313/2022
This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding
potential impacts to shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies,
the project could then be found to be inconsistent with NCAC 07H ,0208(a)(2), which requires that the location, design and
need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to
avoid significant adverse Impacts upon the productivity and biological integrity of spawning and nursery areas.
It is the staffs recommendation that the proposed new and maintenance excavation is CONSISTENT with the Rules of 15 A
NCAC 07H.0208 (b) (1) which states, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid
primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal
wetlands except as otherwise allowed within this subchapter.". It also states "Any canal or boat basin shall be excavated no
deeper than the depth of connecting waters,
This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting
requirements. It is recommended that any permit issued should include standard conditions for excavation Including a
Consent to Cross from the USACE.
RECEIVED
MAR 0 8 ZBZZ
DCM-MHD CITY

ROY COOPER
Covemor
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(alNCDENR qoy
SUBJECT: D & F
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adj. to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained AIWW.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
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 A 0� 9 t RECEIVED
A] C 1� bP 0 . C, MAR 2 12022 m rvl a rGc
AGENCY MP SECTION
1 DCM - MHD 011Y
SIGNATURE r) I R DATE $ / 2 Z
North Carolina Department of Environmental Quality I Divislw of Coastal Management
Wilmington Office 1127 Cardinal Drive Extenslon I Wimington, North Carolina 25405
910.796.7215

ROY COOPER
Govemor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Diredor
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Envhvnmenta/Quaaty
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.luck(ccDN CDE N R.g ov
SUBJECT: D & F
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adi to Al WIN in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained MINIM.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
Please indicate below your agency's position or viewpoint on the proposed project and
return this torn 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 RECEIVED
PRINT NAME Wanda Hilliard
MAR 2 21011
MP SECTION
AGENCY S/Itate Property Office DCM - MHO CITY
I,I
SIGNATURE " AW� t DATE March 22, 2022
,emurwm�Z E QJ
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
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
camcron.luckt`a7,NCDhNR.gov
FROM: Wanda Hilliard f W k4t6&— dlkl '"'"
Real Property Agent
Department of Administration
Applicant: Joseph & Sandra Kittinger
Pamela B. Cashwell
Secretary
Tim Walton
Dbector
Project Location: 303 Bradley Creek Point Rd. adj to AIWW in Wilmington, New Hanover County
Proposed Project: The applicant proposes to perform maintenance excavation within the existing boat basin
and access channel to connect with the federally maintained AIWW. The access channel
has existing coastal wetlands that would be impacted with maintenance excavation. The
project also includes a small area of new excavation within the established boat basin and
waterward end of the access channel.
Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the
State Property Office has no comment on the proposed project.
RECEIVED
MAR 2 21022
MP SECTION
DCM - MHD CITY
State of North Carolina I State Property Office
n6 Westlones Street, Suite 4055 1 021 Mail Service Ctr. I Raleigh, NC 27699
9842360270 TI Web: http://www.ncspe.com

Received: 03/07/2022
._� State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-0860 Due: 3/15/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(@ NC DE N R.gov
SUBJECT: D & F
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adi. to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained A114W.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
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
State Historic Preservation Office
nwcnm P�Q/"
>,.m.mamnrvMrw�m�
DATE
RECEIVED
MAR 18 2022
NIP SECTION
()CM - MHO CITY
March 18, 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, —Joseph and
Sandra Kittenger, Wilmington
Date: June 8, 2022
This project is consistent and not in conflict with the Wilmington - New Hanover
County Joint Land Use Plan Update.
The applicant is proposing to perform maintenance Excavation within the existing boat
basin and access channel to connect with the federally maintained AIWW. The project is
located at 303 Bradley Creek Point Road in Wilmington, New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are EW, PTA and
CW. Waters at the project site are classified as SB and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover
County Joint Land Use Plan and offer the following comments.
The general area of the project is classified as Residential and Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The Wilmington -New
Hanover County Joint Land Use Plan contains some policies, which exceed the State's
minimum use standards. However, none of these standards appear to be applicable to this
proposal.
Cc: File
RECEIVED
JUL 012022
Mp SECTION
DCM MHD 00

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmenraf Quafrty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(cD NCDENR.gov
SUBJECT: D & F
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adi to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained AIWW.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
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 RECEIVEI'
AGENCY NCDMF APD 0 6 2u22
MP SECTION
DCM - RAwn f--
SIGNATURE naP"Qi Ap, ��u DATE 04/06/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Gmenm.
ELIZABETH S. BISER
KATHY B. RAWLS
MEMORANDUM:
TO: Cameron Luck, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: Joseph and Sandra Kittinger- maintenance dredging of boat basin and
channel
DATE: April 06, 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that impact fish and fish
habitats. The applicant is proposing to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained AIWW. The access
channel has existing coastal wetlands that would be impacted with the maintenance
excavation. The project also includes a small area of new excavation within the established
boat basin and the waterward end of the access channel. The adjacent waters of the
Wrightsville Recreation Area/ AIWW are classified SB by the Division of Water Resources
and are designated as Secondary Nursery Area but are not designated as a Primary Nursery
Area (PNA) by the N.C. Division of Marine Fisheries and they are closed to the harvest of
shellfish.
The NCDMF does not have any concerns with the maintenance dredge component of this
project, including the excavation of 400 ft2 of coastal wetlands. However, the Division does
not see the purpose or need of the proposed new excavation within the basin and entrance
channel. The Division recommends the applicant only perform dredging within the
maintenance excavation footprint.
The Division also recommends that the any live shellfish identified within this impact area
should be relocated to a nearby area in the same vertical distribution along the water
column. In the past, raking shellfish away from the impact area to surrounding areas
where shellfish are present, transporting to non -dredged areas within the project area
where oysters are present, or relocation to natural shoreline to protect marsh within the
project area where oysters are present have been utilized and proven effective.
Thank you for consideration of our comments. Please contact Kimberlee Harding at or at
kimberlee.hardingOncdenr.eov with any further questions or concerns.
RECEIVED
APR 0 6 N22
State d North Carolina I Division of Marine Fisheries
3441 Arendell St,"i I P.O. Box 7691 Morehead Citp. North Cw olirm 28557 MP SECTION
252. 726 7021 DCM - MHO CITY

ROY COOPER
Covemor
ELIZABETH S. BISER
secretary
S. DANIEL SMITH
Director
DATE: May 2, 2022
FROM: Holley Snider f�U
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR #200801950
NORTH CAROLINA
Environmental Quality
No Written Approval Required
PROJECT LOCATION: 303 Bradley Creek Point, Wilmington, New Hanover County
Kittinger Docking Facility, Boat Basin and Access Channel
PROPOSED PROJECT: Expansion of an existing boat basin and access channel
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated December 6, 2021 and received by this office on March 4, 2022.
The waters of the Atlantic Intracoastal Waterway in this area are classified as SB by the Division of Water
Resources (DWR) and has been determined to be Secondary Nursery Area (SNA) by the Division of
Marine Fisheries (DMF). Please understand that the waters around your project area have been
identified as a Nursery Area and the DWR supports the concerns and recommendations regarding new
dredging within these designated areas that were submitted by the Division of Marine Fisheries on April
6, 2022 and the Wildlife Resource Commission on March 3, 2022. Requests to dredge within these
areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which require that Surface
water quality standards require that conditions of waters be suitable for all best uses provided for in
state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity,
and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that
activities must not cause water pollution that precludes any best use on a short-term or long-term basis.
In accordance with the attached General Certification #4501(GC 4501), the impacts associated with
maintenance excavation of the previously authorized footprint described in your application do not
require written authorization to utilize GC 4501. 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. This concurrence is specific to the impacts depicted in your
LAMA Major application and supporting materials. If you change your project, you must notify this
office and may be required to obtain a new certification. This concurrence shall expire upon
expiration of the 404 or CAMA Permit.
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extenslon l Wilmington, North Carolina 28405
w wuro
910.796.7215

DocuSign Envelope ID: 7AB8F9AE-0944-472F.9939-465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4501
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS
PROGRAMMATIC GENERAL PERMIT NUMBER 198000291 (NC COASTAL AREA MANAGEMENT
ACT)
Water Quality General Certification Number 4501 is issued in conformity with the requirements
of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North .
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Programmatic General Permit 198000291.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter
set forth.
Effective date: January 3, 2022
Signed this day: October 28, 2021
By
E DocuSiSnatl by:
rmyof 9
for
S. Daniel Smith
Director

ROY COOPER
Governor
ELIZABETH S. BISER
Secreta.3,
BRAXTON DAVIS
Director
March 4, 2022
NORTH CAROLINA
Environmental Quality
c . 22.o3.11,pi,,
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.lu ck(cg NCDENR.nov
SUBJECT: D & F
Applicant: Joseph & Sandra KltNnger
Project Location: 303 Bradley Creek Point Rd., adj. to AIWW In Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to conned with the federally maintained Alww..
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
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 . -Sew 6�n.j
This agency objects to the project for reasons described in the attached
comments. -�(e
PRINT NAME (� ca 1 l 171nn r\ 'I -}m b�kt
tc C Cr-,n'-tQ+'hrviS
AGENCY -1A t,� R.c—
SIGNATURE Is A _Dff_ =
btilr\t}-U�D IM�L�n—�v
4;.�z-rlG Fes 51AYL.p S.
DATE
RECEIVED
MAR 2022
North Carolina Department of Environmental Quality I Division of Crno�ar�{�Lsd�^r//Im�A CTM
Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington. Nopgmlln� 4
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dtrector
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.luck(@NCDEN R.gov
SUBJECT: D & F
Applicant: Joseph & Sandra Kfttinger
Project Location: 303 Bradley Creek Point Rd., adj. to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained MINIM.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by Mach 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: V/ 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
((ll\\ comments. RECEIVED
PRINT NAME l 1nrL,3knt�—�c�. Car
MAR 0 5 2022
AGENCY t erJ kA,�d,Ier C DCM MHD MP - SE
� CITY
SIGNATURE DATE l3 02.Z
North Carolina Department of Environmental Qualhy I Division of Coastal Management
_ WilmingtonOrflce 1127CardinalDriveExtenslon I Wilmington. North Carolma26445
5r^+��—T 910.796.7215
r�

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 cDNCDENR.gov
SUBJECT: D & F .
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adj. to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained AIWW.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
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 RECEIVED
comments.
PRINT NAME Shannon Jenkins
MAR 0 5 7022
MP SECTION
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality DCM - MHD niT,,7
SIGNATURE /'4 S4a.2.cerfai for Shannon Jenkins DATE 03/07/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 4, 2022
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.cov
SUBJECT: D & F
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adj. to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained AIWW.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
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 N 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 r k &&�
RECEIVE.;
MAR 0 6.'47?
MP SECTIUIv
DCM - MHD rITv
DATE 3/7/22
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
ommaeeu,e®mwvp�
910.796.7215

ROY COOPER
Covemor
ELIZABETH S. BISER
5eaetary
BRAXTON DAVIS
Dkft'W
March 4, 2022
MEMORANDUM:
NORTH CAROUNA
Enytronmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckONCD ENR.Dov
SUBJECT: D & F
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adj. to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained AIWW.
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by Mach 30, 2022. If you have any
questions regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_ 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. II RECEIVED
MAR 0 8 2022
MP SECTION
QENr+ 2 DCM-rrMH��D CITY
�jGP1A7t1Rd '2 owl
D M
North Caroma Department ofEnlronmental Quality I DIvlslunofCoastelManagement
Wtimingtonoffiw I I27Cardna1Drive Extension I W1lmington, North Caroina 2840.S
910.796.7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Joseph and Sandra Kittinger, c/o Debbie Wilson
2. LOCATION OF PROJECT SITE: 303 Bradley Creek Point Rd, in Wilmington, New Hanover County.
Latitude: 340 12'40.61" N, Longitude: 770 49' 12.17° W
3. INVESTIGATION TYPE: D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/2612022 Was Applicant Present —Yes, and agent
5. PROCESSING PROCEDURE: Application Received—1/1412022 (initial) 313/2022 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — City of Wilmington
Land Classification From LUP — Residential / Conservation
(B) AEC(s) Involved: CW, EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A Planned — NA
(F) Type of Structures:
Existing — Bulkhead, breakwater sills, boat basin, access channel, 4-slip private docking facility.
Planned —Boat basin and access channel new and maintenance excavation.
(G) Estimated Annual Rate of Erosion: N/A Source - NIA
HABITAT DESCRIPTION: [AREA)
DREDGED FILLED OTHER
(A) Vegetated Wetlands
400 ft2
Maintenance Excavation
(B) Non -Vegetated Wetlands (Open water)
New Excavation
660 ft2 (max)
Maintenance Excavation
14,230 ft2 (max)
(C) Other — High Ground
—30,000 ft2
(D) Total Area Disturbed:—45,290 ft2 (-1.04 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SB Open: No
RECEIVED
B. PROJECT SUMMARY: The applicant proposes to perform maintenance excavation within the existing boat basin and
access channel to connect with the federally maintained AIWW. The access channel has existing mall cov�t�eZ
that would be impacted with the maintenance excavation. The project also includes a sarea of n cavation
within the established boat basin and the waterward end of the access channel.
DCIVI-MHD CITY

303 Bradley Creek Point Rd., Joseph and Sandra Kittinger
Page Three
10.
Recreation Area/ AIWW are classified SB by the Division of Water Resources and are designated as Secondary
Nursery Area but are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries.
They are CLOSED to the harvest of shellfish.
The applicant proposes to perform maintenance excavation within the existing boat basin and access channel to
connect with the federally maintained AIWW. The access channel has existing coastal wetlands that would be
impacted with the maintenance excavation. The project also includes a small area of new excavation within the
established boat basin and the waterward end of the access channel. The dimensions of the proposed excavation
footprint in the existing boat basin range from 66' to 35' In width and 50' to 60' In length due to fringing coastal
wetlands, to a depth of -4 NLW. The previous boat basin excavation footprint authorized in State Permit 59.97
references a drawing that shows a maximum width of 66'; however, the Field Report and cdaits data indicate a 60'
maximum width. This 6' difference in width requested In the current application represents a small area of
potential new excavation, estimated at a max of 180 ftz. The dimensions of the proposed access channel range
from 23' to 34' in width and 430' in length to a depth of -4 NLW. The previously permitted access channel excavation
footprint was 380' in length with a max width of 30'. According to the applicant the proposed 50' Increase in length
allows the excavation to connect to the -4 NWL contour and the 4' increase in width to 34' max would occur gradually
at the waterward end of the channel as a flared end. The extra 50' in length and 4' in width proposed at the end
of the access channel represents another small area of potential new excavation, estimated at a max of 480
ftz. Within this maintenance excavation footprint is a patch of Smooth Cordgrass (Spartina alternNlora) on the north
side of the channel, inside the breakwater approximately 32' by 12' or a maximum of 400 ftz that would be impacted
by the proposed excavation. Both previous State Permits, 59-97 and 23-08 have authorized small amounts of similar
coastal wetland impacts. The applicant proposes to stay a minimum of 5' away from all other coastal wetlands during
excavation. According to the application, approximately 2,156 cubic yards (CY) of material would be removed using
a bucket to barge method and would be disposed of on a property owned by Shore Acres Company. located behind
DA 0248 or DA 0249. Prior to work commencing the applicant would submit a consent to cross authorization from
USACE. A letter of authorization from the disposal site property owner has been included in the application, Current
water depths in the boat basin range from -1' to -3'. Current water depths in the area of the proposed access channel
range from +1.5' to -3' NLW, depths were confirmed by DCM during the January 26, 2022 site visit (see Sheet 2 of
4).
The excavation of the previously maintained boat basin and access channel would impact approximately 14,230 ftz
of Shallow Bottom. The areas of proposed new excavation would impact a maximum of 660 ftz of Shallow Bottom.
Excavation of approximately 400 ftz of coastal wetland within the previously maintained access channel would be
necessary to maintain historical use of the boat basin and has been previously permitted. An estimated total 2,156
CY of material will be disposed of impacting approximately 30,000 ftz of highground outside of the 75' AEC.
Increases in turbidity can be expected during the construction process.
Submitted by: Katharine Elks Date: March 3, 2022 Office: Wilmington
RECEIVED
MAR 0 0 ZOZZ
®CM-w[) CITY

303 Bradley Creek Point Rd., Joseph and Sandra Kittinger
Page Two
9.
The project site is located at 303 Bradley Creek Point Road, near the Atlantic Intracoastal Waterway (AIWW),
Wilmington, in New Hanover County. To locate the project site from the Wilmington Regional Office (WIRO), travel
east approximately 1.8 miles on Eastwood Road and turn right on to Military Cutoff Road. Travel 0.6 miles on
Military Cutoff Road, and turn left onto Aidie Road. Follow Aide Road for 0.7 miles and turn right on to Bradley
Creek Point Road., keep right for 0.12 miles and the property will be on the right.
The project site is currently maintained as a single-family residence located in a waterfront neighborhood directly
north of the mouth of Bradley Creek. The parcel is approximately 1.4 acres in size with approximately 346 feet of
shoreline, with a boat basin, 4-slip private docking facility, and access channel to the AIWW. The boat basin is
stabilized with a bulkhead and the access channel ranges in width from approximately 30'40' wide and Is located
between breakwater sills. The north breakwater is approximately 238' in length, coastal wetlands boarder the sill for
approximately 150', with the remaining approximately 88' In open water. The south breakwater is approximately 300'
in length boarding approximately 200' of coastal wetand with the remaining 100' in open water. The highground Is
vegetated primarily with ornamentals and maintained lawn grass and according to the applicant the elevation of the
property is approximately 8 feet above normal high water (NHW). Coastal wetlands consisting primarily of Smooth
Cordgrass (Spartina altemiFlora) fringe the edge of the boat basin and have migrated into a small area of the access
channel. Scattered clusters of oyster were noted during the January 26, 2022 site visit, however, the basin and
channel bottom are predominantly soft fluff mud devoid of active shellfish. The private docking facility consists of a
short access pier extending from the southern side of the property over the bulkhead and coastal wetlands into the
boat basin with a ramp extending to the north onto a 6' by 60' floating dock positioned parallel with the shoreline,
Three finger piers approximately 3' by 16' extend from the 60' floating dock perpendicular to the shoreline with a
larger 6' by 25' finger pier attached at the northern end of the 60' dock for a total of 4 slips.
State Permit No. 59-97 issued to Mr. Kittinger on May 6. 1997 authorized the bulkhead, breakwaters, maintenance
excavation, and a docking facility. The maintenance excavation footprint authorized included an approximately 60'
by 60' boat basin to a max depth of 4 mean low water (MLW) with the widest portion of the basin shown at 66' on
the drawings referenced in the permit. A 30' wide by 380' long access channel was authorized to a depth tapering to
a maximum of -5 MLW. The permit was conditioned to allow a minimum distance of 5' from the existing coastal
wetlands to excavation footprint. The Field Report cited photographic evidence of a maintenance event occurring
between 1978 and 1984. State Permit No. 59-97 was later modified on September 13,1999 to expand the private
docking facility to the existing configuration. This permit expired on December 31, 2000.
State Permit No. 23-08 was issued to Mr. Kittinger on April 24, 2008 through the Express Permitting program to
modify the existing breakwaters to close the 1 foot gap every 10 feet, which were not constructed with overlapping
breakwater sections as depicted in the drawings referenced in State Permit No. 59-97, install a boatlift, and perform
maintenance excavation to include an area of coastal wetland approximately 400 ft2 in size located within the access
channel, inside the previously authorized excavation footprint. The excavation footprint authorized through State
Permit No. 23-08 was the same as State Permit No. 59-97 with the exception of a slightly deeper cut. A depth of -5
MLW and -5.5 MLW was authorized for the boat basin and access channel respectively. Instead of modifying the
breakwaters, a minor modification was issued on June 9, 2010 to allow new breakwaters to be constructed 6° inboard
of the existing with the same 1' gaps every 10' to match the existing gaps. State Permit No. 23-08 expired September
30, 2014. According to the property owner the maintenance excavation authorized through Stat t"m
was not performed. 66iitG
The current City of WilmingtoniNew Hanover County Land Use Plan classifies the adjacent waters WiRo,&sNA,
and the adjacent high ground portion of the project area as R-20, Residential. The adjacent waters of the Wrightsville
DCM.MHD CITY

Narrative
As acting agent for Joseph and Sandra Kittinger, I am submitting a CAMA Major Permit
Application for their property located at 303 Bradley Creek Point Rd, Wilmington, in New
Hanover County. The Kitzinger's have an existing boat basin, bulkhead, floating dock system and
access channel with a breakwater wall on each side leading to the AIWW. The basin and access
channel has had numerous maintenance dredging events over the years dating as far back as 1979
before the Kittinger's even owner the property which was authorized under various CAMA Major
and General Permits. The most recent CAMA Major Permit was in 2008 and unfortunately due to
an oversight it was allowed to expire.
The previous boat basin dredge footprint area measured approx. 60' by 60' to a final depth of -4'
@ normal low water (NLW) and the access channel measured 30' by 430' with final depths from
-4'@NLW adjacent to the basin to the -4'@NLW contour of the AIWW. The current proposal is
for the basin footprint area to vary from 35' to 66' in width by 50' to 60' in length to a final depth
of -4'@NLW. The reason for the change in the basin footprint is due to the existence of Coastal
Wetlands (primarily Spartina alterniflora) located along the perimeter of the basin, adjacent to the
bulkhead. The access channel dredge footprint will also vary due to the presence of Coastal
Wetlands from approx. 23' to 34' in width (34' will be a slight flare as it connects to the AIWW)
to a final depth of 4'@NLW and connect to approx. the -4' contour of the AIWW which is approx.
110' from the end of the northern breakwater. There is a small patch of Coastal Wetlands, primarily
Spartina altemiflora (approx. 400 sq. ft.) which is located along the north side of the breakwater
wall that does fall within the proposed dredge footprint. We are requesting that this small area be
allowed to be removed due to the extreme narrowing of the channel that it is causing in this area.
All excavation will be accomplished by bucket to barge as it has been accomplished in the past.
It should also be noted that the spoil disposal site will be located on private property, either
behind AIWW DA 0248 or AIWW DA 0249, both sites are owned by Shore Acres Com. The
actual site will be determined once a dredging contractor has been determined and at that time, a
consent to cross agreement will be acquired from the CORPS and a letter of authorization from
the property owner and both will be submitted to DCM for approval prior to the commencement
of any work.
• The project proponent hereby certifies that all information contained herein is true, accurate,
and complete to the best of my knowledge and belief.
• The project proponent hereby requests that the certifying authority review and take action on
this CWA 401 certification request within the applicable reasonable period of time.
Please feel free to contact me if you have any questions or concerns.
i r-ct,l HEG1:.I�l�rt
FF.t3 0 4 ?O12 FF o a �" RECEIVED
MAR 0 8 2022
DCM-MHD CITY

CCM MP4
APPLICATION for
Major Development Permit
(lest revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
Joseph
MI
Last Name
Kittin er
Applicant 2: First Nam
Sandra
MI
Last Name
Kittin er
If additional applicants. please attach an addlflonal page(s) with names listed.
Mailing Address
303 Bradley Creek Point Road
PO Box
I
City
Wilmin ton
Slate
NC
ZIP Country
28403
Phone No.
FAX No.
ext.
Street Address (if different from above)
City
State
ZIP
Email
'Kittin era mail.com
2. AgentContractor Information
Business Name
en Contractor 1: First Name
Debbie
MI
Last Name
Wilson
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
16275 1
City
Wilmington
Stale
NQ
ZIP
Plane No. 1
910" 612 " 0402 ex"
Phone No. 2
ext.
FAX No.
Contractor 0
Street Address (if ditterenl from above)
City
State
ZIP
Email
debbiew75 charter.net
F: [IVFI
<Form continues on back>
JAN 14 aECEIVED
Z022
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
303 Bradley Creek Point Road
Subdivision Name City
State
Zip
N/A Wilmington
NC
28403
Phone No.
Lot No.(s) (#many, attach additional page w#h list)
910 200 4226 ext.
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
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 ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
1. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Wilminoton
4. Site Description
a. Total length of shoreline on the tract (R.)
b. Size of entire tract (sq.fl.)
346'
61.420
C. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
1.41 acres -
NWL (normal waterlevep
(Ifmanylot sizes, please attach additional page with a fist)
8' ®NHW or ❑NWL
e. Vegetation on tract
Ornamental landscaping and lawn grasses
L Man-made features and uses now on tract
Single family residence, bulkhead, private residential docking facility and 2 breakwater walls.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential
It. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, it applicable)
Residential R-20
®Yes ❑No ❑NA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
I. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
H yes, by whom?
I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next pill
RECEIVED
DCM-MHD CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (I) Are there wetlands on the site? ®Yes ❑No
(II) Are there coastal wetlands on the site? ®Yea ❑No
(AI) If yes to either (i) or (it) above, has a delineation been wnducled? ®Yes ❑No
(Attach documentation, if available) See site plan
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing dmddng water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
.. Caly Storm Water
& Activities and Impacts
a. WIII the project be for commercial, public, or private use?
MCommercial ❑PubllciGovemment
MPrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Private residential docking facility and boat basin.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Mechanical bucket to bardge excavation.
d. List all development activitles you propose.
N e w -11"k
Maintenance excavation of an existing boat basin and entrance channel.
e. Are the proposed activities maintenance of an existing project, new work, or bdh?
Maintenanee— Y>LA k - VN , Gtt"d VV%C3LkA} &vkCA-
f. What is the approximate total disturbed land area resulting from the proposed project?
❑aq.Ft or ®Acres
1.0
g. Will the proposed project encroach on any public easement, public aocessway or other area
❑Yes ®No DNA
that the public has establlshed use of?
In. Describe location and type of existing and proposed discharges to waters of the state.
None proposed.
I. Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No DNA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes [:]No ®NA
j. Is there any mitigation proposed?
❑Yes ®No DNA
If yes, attach a mitigation proposal.
<Form continues on back>
RLCEIVED
..MAR O
DCM-MHD CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate. dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats. drawings to distinguish
between work completed and proposed.
c. A site or location map (hat is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy or the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties.
a. 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 projecl to the Division of Coastal Management.
Name Bradley Creek Point Holdings, LLC Phone No.
Address 305 Bradley Creek Point Road, Wilmington, NC 28403
Name Beane Wright Partners, LLC Phone No.
Address P. O. Box 1039, Wrightsville Beach, NC 28480
Name Phone No.
Address
g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Permit # 54-79 issued to CK Equities Inc on 3118/82 CAMA Permit #59-97 issued to
Joseph Kittinger on 5/6/97 and CAMA Permit #23-08 issued to Joseph Kittin er.
h. Signed consullanl or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by propady owner)
it. 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.
7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only th
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 12/6/21 Print Name Debbie Wilson, Agent
Signature P0, A' 6C)6 aerL
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
JAN 14 2022
RECEIVED
MAR 0 S 2022
DCM-MHD CITY

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1, Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please Include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NWL°r
Canal
Boat Basin
Boat Ram P
Rock Groin
Rock
(excluding
Breakwater
shoreline
stabilization
Length
430'
60
Width
4'
Avg. ExleNng
Depth
_
_
NA
NA
Final Project
Depth
.4
NA
NA
f. EXCAVATION ❑This section not applicable
e. Amount of n
cubic yards.
in b.
C. (1) Does the area to be excavated include coastal wetlandsimemh d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the Nona
number of square feel affected.
l 4pp soft. ❑SAV ❑SB
❑WL ❑None
(li) Describe the purpose of the excavation in these areas:
To remove exist rw Spartina alterniflora which has migrated
'alo the existtna access cha net due to sand filling in the channel
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Shore Acres Companypmperty, adjacent to DA 0248 or DA 0249
C. (I) Do you claim title to disposal area? d. (I) Will a disVsal area be available for future maintenance?
❑Yes ®No ❑NA 6aYBs UNo []NA
(it) If no, attach a letter granting permission from the owner. fill If yes. where?
e. (1) Does the disposal area include any coastal wetlandsimarsh f. (I) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes RjNo ONA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected. III) If yea, how much water area is affected?
OCW _ ❑SAV ❑SB _
❑WL _ ®None
(it) Describe the purpose of disposal in these areas;
RECEIM1
RECEIVED
FEB 0 4 20
MAR 0 S 2022
DCM-MHD CITY

3. SHORELINE STABILIZATION ®This section not applicable
(II development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length: _
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _
c. Average distance, walerward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feel of fill to be placed below water level.
Bulkhead backfill _ Riprap
BreakwateriSill Other _
I. Source of fill material.
Width: _
d. Maximum distance walerward of NHW or NWL:
I. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No El NA b. (i) Will fill material be placed in coastal wetlandsimamh (CW).
If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or
(ii) Amount of material to be placed In the water other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
([it) Dimensions of fill area ❑CW ❑$AV
❑SB
(iv) Purpose of fill
OWL ❑None
(11) Describe the purpose of the rill in these areas:
a. How will excavated or fill material be kept on site and eroslon
controlled?
Existing berms and silt fence
C. (I) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(it) If yes. explain what type and how they will be implemented.
b. What type of construction
backhoe, or hydraulic dre
Bucket to barge dredging and off loaded at disposal site
by skid -steer.
d. (I) Will wetlands be crossed in transporting equipment to project
site? Elves ®No ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
19/6/21 Debbie Wilson Agent for Joseph & Sandra Kittinger
Date Applicant Name
Kittinger De6640' GfJd4'0.z
Project Name Applicant Signature JANFlI EIJIVED
t' x I r
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. RISER
Secretary
BRAXTON DAVIS
Director
Debbie Wilson
P.O. Box 16275
Wilmington, NC 28408
Dear Ms. Wilson:
NORTH CAROLINA
Environmental Quality
March 4, 2022
The Division of Coastal.Management hereby acknowledges receipt of your application, as acting agent for Joseph
and Sandra Kittinger, for State approval for development of the subject property located at 303 Bradley Creek Point
Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Wilmington, in New Hanover County. It was
received as complete on March 3, 2022 and appears to be adequate for processing at this time. The projected
deadline for making a decision is May 17, 2022. An additional 75-day review pedod 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 3, 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,
Katharine Elks
Field Representative
cc: Cameron Luck, DCM Kathryn Thurston, City of Wilmington
USACE Holley Snider, DWR
Christine Bouffard, LPO Joseph and Sandra Kittinger, Applicant
RECEIVED
D E Q North Carolina Department of Environmental Quality I Division of CoastaldlanagementMAR U 6 2022
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215
DCM-MHD CITY

AMA PER -MIT
APPLIED FOR
-- Applicant proposed to perform
Point Rd., adj. to the AIWW in Wilmington, New Hanover
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Joseph & Sandra Kittinger
® 303 Bradley Creek Point Rd.
Div.
C) 33 Wilmington, Cardinal r. e3d.
im
�jWilmington,
0 A ent:
_ � � Debbie Wilson Katharine rZIR-9
® ® [phone]
0

ROY COOPER
Govamor
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
EnvironmentatQualltr
Martin Gilmore & Christopher Wilson
Dennis Duke
e 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 the original affidavit and invoice for payment to Tanya Pielila 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.
Si cerely,
anya ietila
Permitting Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACI
RECEIVED
MAR 0 S 2022
D_E Q Management
D CITY
North Caroline Department of Environmental giuWy I Division of Coastal Management
l ✓ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2a405
' �v\ 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 LAMA: On February 27, 2022, Mard Gilmore &
Christopher Wilson proposed to replace the existing two (2) slip docking facility associated with
2
121 Beach Rd. South & construct a new 9"aee-(3tslip facility 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 Mardi
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 Kitlinger 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 lire 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 Marc: 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 8 2022
D_E Q North Carolina Department of Environmental Quality I Division of Coastal Mans ncM-` HD CITY
Wgmington Office 1127 Cardinal Drlw Extension I WBmingtm North Carohna 29405
;.lj 910.796.7215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
I
Name of Property Owner Requesting Permit:�t"�T` GG,�i1�tG� t t�If ��yy
Mailing Address: a;e 3 44 t� C���ty �' Cily '( ; ]f v1
Phone Number.
Email Address: t { ]I'hf J Jr(J%f1'10 (.I , c
I certify that I have authorized Debbie Wilson, Agent
Agent I Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
Ne)%'�erdifeyee GdC'Yuwbe,✓
at my property located at:3('? IYa (II" Craev !l(}I tt`1 FC�, ��Ii t bbziiq^. I\L
in County.
:�Kt7i:u3
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application. '
Property Owner Information:
1 Sig ure
Print or Type ' ame
Title
Date
�YtlY�li•t �� Kt`iHitr�l.
>1[_i;L_iVC�i
This certification is valid through12
Jnr4Ct��VED
oc 104, P[t .. 2022
DCM-MHD CITY

■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to.,
K/IjL-i;' Ca. Pf.f/uGd,�js Llc
�o Gw dAf IJ;Lso+l
3o y SRAdLEy c e. Pt Rd.
w;Gm,�gfa�, �C 2 8yo3
1111111 1111111111111111111111
9590 9402 5667 1060 1217 10
7020 2450 0000 7529 8621
s Form 3611, July 202 PPSN 75313-02:W &o53
W.Complete items 1, 2, and 3.
■ print your name and address on the reverse
So that we can return the card to you.
■ Attach this card to the back of the mailpieoe,
or on the front if space Dermits.
3eeaz, j,Jgydt y,�c�rPRf u c
WR�9b�,sv;Gte�l3ek�. ZsYd�
M-Agent
D. Is delivery addrese3l(aent Torn leeotl7 U 7e!
If YES, enter deliveryaddress below: 4!Mo
Service Type
❑ Priority Mall Express®
Adult Signature
❑ Registered Mert-
AdultSign re Restricted Delivery
❑ Reg'Islead Mail Restricted
CerKsol Mail®
Delivery
Certrnod Mail P.estrlcted Del"
❑ Slgrv+Nre Crnrtrmelfan^'
Colect on Delivery
❑signatureCorlfim_--�
Collect on Delivery Restricted Delivery
Restricted Delivery
insured Mail
Insured Mail Restricted Delivery
Domestic Return Receipt
❑ Agent
X --'. �
❑ Addre
B. ReWrved by (Anted Name) C. Date of Del
e'-d�
D. Is deGrety address dffevent font item 17 ❑ Yes
If YES, ender delhery_address below. g_No
jwn 1 A 20K
S. Service Type
CPrii Mail Express®
WH-
111111111IN III1111II11111111111111111IN III
Delivery
❑ Ma Restricted
�ERestreed
C79590
9402 6667 1060 1217 03
D certiaeMm
O Cerdged Mall Restricted DoiJivNy
❑ Signature Corflrtnadon'
❑ CCCect on Ddivery
❑ Signature Cerrtvmaaon
O
1�
, , 1
2. Artirle Number (Transfer from service JaW
❑ Celiect on Ddivery Restricted Delivery
Restricted Delivery
°b
G
7020 2450 0000 7529 8638
r] Insured Mail
C Insured Mail Restricted Delivery
N
_ _
(over S500)
NPs
Form T811, July 2020 PSN 753D-02000-9053
Domestic Return Receipt
ra.
C

From: "Adam Knierim" <[e-mail]>
To: "Debbie" <[e-mail]>
Cc:
Bee:
Priority: Normal
Date: Thursday December 30 2021 8:21:31 AM
Fwd: Disposal Site Request - Kittinger Maintenance Dredging
---------- Forwarded message ---------
From: Michael Bostic <[e-mail]>
Date: Mon, Jul 26, 2021 at 10:03 AM
Subject: Re: Disposal Site Request - Kittinger Maintenance Dredging
To: Adam Knierim <[e-mail]>
Adam,
Do you have permission to dispose of the Kittinger project spoils on the island. Please give notification a week prior to
starting work. Feel free to contact me if you have any questions or concerns.
Thanks,
Sent from my Whone
> On Jul 22, 2021, at 8:23 AM, Adam Knierim <[e-mail]> wrote:
> Michael,
> Hope all is well. 1 wanted to touch base on the Kittinger Project and request written authorization for placement of
approximately 3,450cy of dredge spoil in the Beane Disposal Area. Similar to past requests, an emailed response
granting permission for placement will suffice for permitting purposes. Please give me a call if you have any questions
or concerns. Thanks again and have a great week.
> Adam C. Knierim
> President
> Maritech, LLC
> 108 Circle Drive
> Hampstead, NC 28443
> office 910.270.4058
> field 910.297.7710
> fax [phone]
Adam C. Knierim, M.S.
President/Coastal Geologist
Maritech, LLC
108 Circle Drive
Hampstead, NC 28443
office 910.270.4058
field 910.297.7710
fax [phone]
RECFJNED
MAR 0 8 2022
DCM-MHD CITY

Bout pAGF
RECVi ]E7 n91' VERIFIft
1371 1558 REGISILtO DE_o
d zyo . on REW HANUVER (.3. NC
Art to 9 53 PN'8t
PREPARED BYt Kenneth A. Shanklin
317 Chestnut Street
Wilmington, North Carolina 25401
(9191 763-2971
R434/KASR5
STATE OF NORTH CAROLINA )
1 WARRANTY DEED
COUNTY OF NEW HANOVER
THIS DEED, made this the fpa day of � 1967, by
and between C, K. EQUITIES, INC., Trustee, a North , Carolina
corporation, with its principal place of business being
located in New Hanover County, North Carolina, hereinafter
referred to as "GRANTOR-1 and JOSEPH W. KITTINGER and wife,
SANDRA P. KITTINGER, of the County of New Hanover, State of
North Carolina, hereinafter referred to as 'GRANTEES", with
a mailing address of ,4Q3 B.ve%�! L!/ttk Af;� Rmd, ,
Wilmington, North Carolina
WITNESSETH:
THAT the Grantor, for valuable consideration paid by
the Grantees, receipt of which is hereby expressly acknowl-
edged, has and by these presents does grant, bargain, sell
and convey unto the Grantees, their heirs and assigns, all
of the following lot or parcel of real property situated in
Harnett Township, New Hanover County, North Carolina, and
being more particularly described as followat
rJY ".Y3�SF
•r,"or
BEGINNING at an iron pipe in the southwestern line
( i i 1
11 of the old Wright exception that is South 42
degrees 45 minutes East along said line 259.6 feet
I KN-r. ,j
from an old stone marked "W", the western -most
T7up
corner of said exception, which said atone is
located South 43 degrees 27 minutes West 105.35
L=
feet from another old stone marked "W", the
M
-
northern -most corner of said exception, this stone
D
being South 43 degrees 27 minutes West 17.0 feet
from a point in the center of State Road No. 1411
r ('�_
(Formerly U.S. 74-76 and N.C. 20) that is 312.0
t.wi
feet northwestwardly along the center of said road
-X
from the northwestern end of Dead Han's Curve at
Wrightsville Sounds running thence from said
oa 09L
Beginning point South 43 degrees 27 minutes west
o
,�.
o
150.33 feet to an iron pipet thence South 42
degrees 45 minutes East and parallel with the
Wright line 400.0 feet to an iron pipe at the high
q nWNED TO Ykr96 f'N
RECEIVED
OUGG:6
MAR 0 8 2022
DCM-MHD CITY

80Br Race
1372 1559
water line of said sound; thence the same course
continued to the low water line of said soundl
thence northeastwardly along said low water line
150 feet, more or less, to its intersection with
the southwestern line of the Wright exception;
thence North 42 degrees 45 minutes west along the
southwestern line of the Wright exception to an
old stone marked "W" at the high water line of
said sound; thence North 42 degrees 45 minutes
West along said Wright line 400.0 feet to the
point of Beginning; the Same containing 1.38 acres
of high land and being a Portion of the Herbert R.
Latimer tract on Wrightsville Bound; being the
same lands described in a certain deed to Meares
Harries, Jr. and wife recorded in Book 797 at Page
568 in the New Hanover County Registry and Tract
No. 1 described in a certain deed to C. E.
Equities, Inc., Trustee, recorded in Book 1107 at
Page 1081 of the New Hanover County Registry.
TOGETHER WITH an easement and right-of-way previ-
ously reserved by C. A. Equities, Inc., as Trust-
ee, in that certain deed from C. E. Equities, Inc.
to David Michael Cline and wife, Patricia Hearn
Cline, dated October 30, 1985 and recorded in Book
1307 at Page 860 of the New Hanover County Regis-
try, for itself and its successors and assigns,
for the purposes of ingress and egress over and
across the easement area described below for
access to the above described property (being the
same property described in Book 797 at Page 568 of
the New Hanover Registry and furthermore, de-
scribed as Tract 1 of that certain deed to the
Grantor described in Book 1187 at Page 1081 of the
New Hanover County Registry) and for purposes of
the installation of utilities. This easement,
being 20 feet in width, runs from Bradley Creek
Point Road along the entire Southern line of the
"Cline Tract' conveyed by C. R. Equities, Inc., as
Trustee, to David Michael Cline and wife, Patricia
Hearn Cline, recorded in Book 1307 at Page B60 of
the New Hanover County Registry (being the same
tract conveyed by deed from 9 i G Prestress
Company to Meares Harries, Jr. and wife, recorded
in Book 942 at Page 216 of the New Hanover County
Registry), the southern line of said 20 foot
easement being the southern line of the Cline
Tract from the beginning point of said tract to
the northeastern corner of the old Harries Tract
and the northern line of said I0 foot wide strip
-2-
MAR 0
DCM-MHI CITY
JAN 14 2022

BOUF pof
j372 Ib6n
being located 20 feet northwardly from the south-
ern line of said strip when measured at right
angles thereto, running parallel with said south-
ern line Of the property described in Book 942 at
page 216 of the New Hanover County Registry from
said Bradley Creek Point Road (/lap Book 10 at Page
27 of the Now Hanover County Registry) to the
easternmost line of the property described in Book
942 at Page 216 of the New Hanover County Regis-
try.
Together with and subject to the access for
ingrese and egreea over all of Bradley Creek Point
Road (private) as shown on a map recorded in Hap
Book 10 at Page 27 of the now Hanover County
Registry.
R428/RA8R5
TO HAVE AND To HOLD the above described premises
together with all and singular the rights, privileges,
easements, tenements, duties and obligations and appurte-
nances thereunto belonging or in any way appertaining unto
Grantees, their heirs and assigns, in fee simple, FOREVER.
And, the Grantor for itself, its successors and me -
signs, covenants with the Grantees, their heirs and assigns,
that the Grantor is seized of the premises in fee simple,
has a right to convey the same in fee simple and the title
is marketable and free and clear of all encumbrances, except
as stated hereinbelow, and that the Grantor will warrant and
defend the title against the lawful claims of all persons
whomsoever, except for the exceptions hereinafter stated.
The property so conveyed is subject to,
1. Restrictive Covenants, if any, applicable to
this lot;
2. Basements to public utilities of record;
3. Ad valorem taxes for the .year 1987 and
thereafter;
4. Zoning and/or Subdivision Ordinances and
Regulations adopted by the County of New Hanover; and
5. Grantor does not warrant the title to any
portion of the premises herein described and conveyed
that may be below the high water mark of waters adjoin-
ing this tract.
-3-
MAR $ 2022
_11VI.IVI CI
JAN ] 4 2022

800 PAGE
1372 1561
IN WITNESS WHEREOF, the Grantor has cauaed this instru-
ment to be executed in its corporate name by its duly
.atlthot sad officers end Ste corporate eeel to be hereunto
all by authority of its Board of Directors, the day
0.44t first above written.
rwv. IF<,..
6.5�';,• ; .. EpBITS68, INC., Trustee,
=tiao o i'} .,:' a North Carolina'aXporation
L Byr
eke Beal)
«N! r'•F`jj%'Pros ent
�ryY r
�'r�¢i Cretery
rr •• •♦ rr tr rr
STATE OF .MASSACHUSETTS.
COUNTY OF ESSEX.
I, Car v ki��as�c a Notary Public in
and for t e a oreea state ann County,
d0 hereby certify that WANDA N. CARLBERU, personally ap-
peared before me this day and acknowledged that she is the
Secretary of C. E. EQUITIES, INC., a North Carolina corpo-
ration, as Trustee, and that by authority duly given and as
the act of the corporation, the foregoing instrument was
signed in its name by its President, sealed with its corpo-
rate seal and attested by herself as its Secretary.
Witness my hand and official stamp or seal, this the
20t10ay of April , 1987.
Notary Poblic 0
My Commission expires,
WT comm BBIOHE MMOOMM IN 11 :
1993
STATE OF NORTH CAROLINA 4
New Hanover l'oonlyy
eF rcRoL, Ce„R1ute fQ r._._.—...—
is ce„ 1r,"F a be coire ,-�-yv-
TliuNe_T$_ day orL_.l�e.I_
6ema k ., rep , of Ikeda
B,,�r.,r�
DARE IVED
MAR 0 8 2022

80UA •i;C
1511 1590
Return: Div. Marina Fisheries, Submerged Lsnds, F0 Eox 769, Morehead City, NC 28557
STATE OF NORM CAROLINA TAX I.D. No. 57.00 003 012 DOD
NEW HANOVER COUNTY
IN RE CLAIM OF ) DECMAaau OP PIm
Joseph V. Kittinger end wife, ) RESOURION OP
Sandra P. Kittinger ) CLAIM TO SUBMERGED LAND&
TAKE NOTICK:
1. Pursuant to C.S. 113-205. 113-206 and the rules promulgated thereunder,
the Secretary of the North Carolina Department of gwimament, Health, and Natural
Resources, through his deaigme, the Director or the Division of Marine Fisheries,
has Issued a final resolution pursuant to O.S. 113-206 and 15 NCAC 20.0103 concern-
ing the Submerged lord clot. originally filed by Meares Harries, Jr. and wife, Mary
Kirby Harries.
2. The lands subject to this final resolution ate limited to thou submerged
lands which were claimed by Meares Harries, Jr, and wife, Nary Kirby Harries
pursuant to C.S. 113.205 and are described more fully in the following:
40 Deed Rook 1372 Page 1558. New Hanover County Register of Deed,
3. As the successor in interest to the original claimant, Meares games, Jr.
and wife, Mary Kirby Harries, rho current claimants, Joseph V. Kittinger and wife,
Sandra P. Kittinger, asserted title to the submerged lands covered by the claim.
t 4. The Interest now claimed by Joseph V. Kittinger and rife, Sandra P.
,1 Kittinger in the lands described hem been dented. This final resolution does net
1 effect or igalr the co®on law riparian or littoral rights running with lands
located above the mean high water nark.
5. Notice of this final resolution has been duly served on Joseph V.
Kittinger and wife, Sandra p. Kittinger by certified mail.
6. The Secretary directs that this declaration be recorded under Joseph V.
Kittinger and wife, Sandra P. Kittinger in the grantor index and cromm-lndsmad under
the State of North Carolina in the grantee index in the NEW HANOVER County Register
of Deeds.
This the (3 day of.AO. _, 19 " .
WILIJAM V. CONEY. JR.
Secretary
0.EG•".nd2} A ,; '. 0VIED By: �,y �. ,SAC
r
RESEtt:, �. -UI:';R op Y1111u T. Ho
AECISTF:: rr nO"; North Carolina Division of Marine KErr,..
Fisheries Department of Environment,
SEP ZI II 08 M re ,70 Health, and Natural Resources
Pursuant to 15 NCAC 10.0103(3)
JAN:1 d 2021
.RECEIVED
is35u2 MAR 0 8 2022

SOOD : AG
1511 I58!
THIS IBSTRONENT APPROVED AS TO FORE BY in ATTORNSy QSspA L'S OPPICE
LACY H. THORNBYRC
Attorney Coastal
BY: t4\�
Latent Atta[nsy C ut
NO IN C&ROLENA
Ooum
I. d�.if/s/aR.. L • ! v 1_, A Notary Public. In and for the said County and
state, do hereby certify t Dr. Villias T. Hogarth personally knom to as, parson.
ally appeared before ae this day in said County and State and duly ackaswledgsd the
due srecution of the foregoing instnwnt of writing for the asa the sin
expressed. Witness my hand and official test this the /3 day of 191.
+
IV
My, C .dabltis ireo Notaty Pub
NO TN CAROLINA
COWNTy
The foregoing certificate of -S..P�Re L. --im , a Notary Public of
County, State of North Groll s la certified to be correct.
This instrurent was presented for registration this dry and hour and duly recorded
In the office of the Register of Deada of in book County, North Carolina_ Page
This LP I day of , _Op , 19 !aL, at o'clock H.
JW66VED
MAR 0 0 2022
DCM-MHD CITY

Location Map
I o� 4
C4-.i
tZ
& Sandra Kittinger
IAN 1 q 2021
dley Creek Point Road
Wilmington, New Hanover County
PreRECEIVED aredSale: NTS Debbie Wilson
LUX/21
of 4
0 8 2022
�-ic'M-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
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(o)NCDENR.00v
SUBJECT: D & F
Applicant: Joseph & Sandra Kittinger
Project Location: 303 Bradley Creek Point Rd., adj. to AIWW in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to perform maintenance excavation within the existing
boat basin and access channel to connect with the federally maintained AIWW
The access channel has existing coastal wetlands that would be impacted with
maintenance excavation. The project also includes a small area of new
excavation within the established boat basin and waterward end of the access
channel.
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
MAR 0 8 2022
DCM-MHD CITY
�FQ
a.r ��rrory�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.7%.7215

X-Sections
Typical Basin X-Section
NTS
fisting
Gr��-��'t
CUT
-15,
In
Typical Access Channel
NTS
io
0
-1'
s
-2-
•3'
4
-5'
Water Depths Relative to MLW
Water Depths Relative to MLW
RECEIVED
MAR 0 8 2022
DCM-MHD CITY
JAN 14 202't
Josegh 8 Sandra Killinger
303 Bradley Creek Point Road
W lmington, New Hanover County
Drawn By. Debbie Wilson
12/8121 Scale. NTS
Sheet 4 of

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: WInJ �L
Fee: $ #
CDAITS — _. MHC cc _
Applicant: U 41 4 !�Cht Ckvr. *V w
Agent/Contractor: Dt66%c Wk1$O✓1
Project Site County:,4 W i"iau.oYw
Staff: ��yt�e E 1�ti
District: Wllmington
Project Name: Y-- 4n vv/ _ DV j
Rover File: n/a
River Besin��`�l
Initial date of application su
ittal: I / ILA I a'i---
Date application "received as complete" in the Field office: 3 3 I -&0 -ar-
-O-dTM—A-7 Dredge & Fill ❑Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes PNo I PNA: Yes No
Photos Taken: YesW NoEl
Setback Required (riparian): Yes WN0
Critical Habitat: Yes No ❑Not Sure
15 foot waiver obtained: Yes YNo
Hazard N�ggllification Returned:
❑Yes ®No
SAV: ❑Yes No []Not Sure
Shell Bottom: Dyes ❑No 91 Not
Temporary Impacts: ❑Yes o
Sure
Sandbags: Yes Wo Not Sure
Did the land use classific tii come
Mitigation Required (optional):
from county LUP: ❑Yes p9
❑Yes ®®No
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
Yes []No []NA
❑Yes ❑No (�ZNA
34 V FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or Closed
4S I -aq o Pf 0 - OL{4
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
WETLANDSIMPACTED
El (404) Corp. of Engineers (Jurisdictional
0 (LS) Sea lavender (Limonium sp.)
El (SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cledium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartine
(SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Sell or spike grass (Dislichlis
(SC) Bullrush or three square (Scirpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncus
❑ (SP) Saltimeadow grass (Spertina
roemenanus)
patens)
APPLICATION FEE
No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
II(D) Priv. public or Comm w/ D&F to 1
can be applied - $250acre;
4144 can't be applied - $400
LJ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
El IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
LJ Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
U Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request •
$100
0 II. Public or commercial/no dredge
fill $400
and/or -
RECEIVED
I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
MAR 0 8 2022
DWQ agreement - $400
DCM-MHD CITY

Applicant: IVY t�
Date: A I -S I -)-o Y
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
t�
I
New Work 0
Maint
Replace
❑ Y 5dN
!!..
W
(D O,
x
New Work
Replace
d 0'
p1G
`
Maint❑
❑Y❑IN
3L4
430
Lf
New Work El
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y [IN
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
tempimpacts)
kn act amount
tempimpacts)
amount
��p
Lr � t
Dredge Fill ❑ Both ❑ Other ❑
,4ao AP"
00, 1-
S
Dredge Fill ❑ Both ❑ Other ❑
J4 ?' q
LI O
t
."
Dredge ❑ Fill Both ❑ Other ❑
PO
/-30 000 iTL
^' 0 000 •�
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
EIVED
MAR 0 S 2022
DCM-MHD CITY
919.733-2293 :: 1.8884RCOAST :: www.ncconstalmanaaement.net revised: 02/26/18

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rd. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
1/25/2022
J & S Kittinger
Joseph and Sandra
First
5542
$400.00
major fee, 303 Bradley Creek Pt,
KE rct.
Kittinger
Citizens
Wilmington NHCo SPLIT 60/40
16250
Bank
N
U
W
N
dD
=
W
W
a
�
cc
U
0

Major Permit Fee Schedule
Project Name:ti4iV J4 V_-, d� County: N
yyta,thyta�%c.
Check No & Amount:
ssy I 4qoo
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($O)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine 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). It 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 if
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
Certification No. 4175 cannot be applied:
$400
60% ($240)
40% ($160)
Development that involves the filling/or
LIV
excavation of more than one acre
$475
60%($285)
40%($190)
f wetlands and/or open water areas
(RECEIVED
MAR 0 S 2022
DCM-MHD CITY

Existing Conditions
Beane Wright Partners, LLC
R05700-003-063-000
P.O. Box 1039
Wrightsville Beach, NC 28480
E � �
" ° a Existing Water Depths
Relative to N LW
Marsh z -4' Contour is 110' from end
k k z of northern breakwater
Joseph & Sandra Kittinger <
303 Bradley Creek Point Road k a
Wilmington, NC 28403
E
Existing Bulkhead F 175'toAIWW
�•�'E Fsdn Setback s'
F@ M ¢ Breakwater -7
-2•
E •2.5'
Existing �ExWin k t).5 -2.2'
Aead k r A'-2
• 2' "t.r k !a !� K Matsh Existing Entrance Channel -2.2'
-0.75 -1 -0.25' S Exiaung D
-2.9 Existing -0.5 _2. -0.5' -0.a' -1 -0.75' Breakwater
2.2'
Basin -2, -1.g' -0.6
4 �
-7
-0.5'
-2.1' -1.T
Existing Bulkhea
P L Upland o2z � w � � � � Z OCMMy® z
Bradley Creek Point Holdings, LLC
305 Bradley Creek Point Road Marsh RECEIVED
Wilmington, NC 28403
� 4 F JAN 2 S 29'
E F DCM WILMINGTON, NC
xisting Pier F �`
2
Joseph & Sandra Kittinger
303 Bradley Creek Point Road
Wilmington, New Hanover County
Drawn By: Debbie Wilson
1216/21 Scale: 1" = 30'
Sheet 2 of 4

Proposed Maintenance Excavation
Joseph & Sandra Kittinger
303 Bradley Creek Point Road
Wilmington, New Hanover County
Drawn By: Debbie Wilson
12/6/21 Scale: 1" = 30'
Beane Wright Partners, LLC Sheet 3 of 4
R05700-003-063-000
P.O. Box 1039 a
Wrightsville Beach, NC 28480 E �
E E Red Hatched Area is the Proposed
\ A:IT Maintenance Excavation Footprint
d -4' @ NLW within Basin
A.
L E
17 � to 4' Coritour of the AIWW
Marsh z
� r
F �
Joseph & Sandra Kittinger /
303 Bradley Creek Point Road fI
Wilmington, NC 28403
Existing Bulkhead F E ' 430' to -4' con our 'se'tba&(rw
e � of AIWW ereakwate�
FE 1D' 10'E Mars �. F E \ a wa \\ \
E -' 8' Existing .t k �'/j►� - -- �\ 34
F E is' E Bulkhead E '`� I \ 33' \ \I
g jG _ sh Existing gtrance Chaiiet W�
4 " E -_.,'cam \ 30' \ \ Ex ahn '130'
a 6 , a 50' 4 E \\ \ 18' \ D
&eakwater C
�cfi�sting 13' \
M xia B� 23
35' 30 ��
7• \.66' \._\2' 23 �. 24'
�V
60' At E
sin IV', 8'. A:¢ K
F 91 � E
4 6 E Marsh E� 0
Existing Bulkhead o n r
P Upland ^?
L F w E E a ? o w o
Bradley Creek Point Holdings, LLC c
305 Bradley Creek Point Road Marsh °
Wilmington,7NC'2840�3 �.
4 ; 9F
E E
��EC:EIVEL:j CF/V
� e IMAR 0 3 2022 OC N/i'
Existing Pier � � AI Z�
'✓/ 22
"ON, NC

14
a

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Joseph and Sandra Kittinger, c/o Debbie Wilson
2. LOCATION OF PROJECT SITE: 303 Bradley Creek Point Rd, in Wilmington, New Hanover County.
Latitude: 340 12'40.61" N, Longitude: 770 49' 12.17" W
3. INVESTIGATION TYPE: D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—1/26/2022 Was Applicant Present — Yes, and agent
5. PROCESSING PROCEDURE: Application Received—1/14/2022 (initial) 3/3/2022 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — City of Wilmington
Land Classification From LUP — Residential / Conservation
(B) AEC(s) Involved: CW, EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A Planned — NA
(F) Type of Structures:
Existing — Bulkhead, breakwater sills, boat basin, access channel, 4-slip private docking facility.
Planned —Boat basin and access channel new and maintenance excavation.
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
HABITAT DESCRIPTION:
[AREA)
DREDGED FILLED OTHER
(A) Vegetated Wetlands
400 f12
Maintenance Excavation
(B) Non -Vegetated Wetlands (Open water)
New Excavation
660 ft2 (max)
Maintenance Excavation
14,230 ft2 (max)
(C) Other — High Ground
—30,000 ft2
(D)
Total Area Disturbed:
(E)
Primary Nursery Are
(F)
Water Classification:
—45,290 ft2 (-1.04 acres)
No
SB Open: No
8. PROJECT SUMMARY: The applicant proposes to perform maintenance excavation within the existing boat basin and
access channel to connect with the federally maintained AIWW. The access channel has existing coastal wetlands
that would be impacted with the maintenance excavation. The project also includes a small area of new excavation
within the established boat basin and the watenaard end of the access channel.

303 Bradley Creek Point Rd., Joseph and Sandra Kittinger
Page Two
9. PROJECT DESCRIPTION
The project site is located at 303 Bradley Creek Point Road, near the Atlantic Intracoastal Waterway (AIWW),
Wilmington, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel
east approximately 1.8 miles on Eastwood Road and turn right on to Military Cutoff Road. Travel 0.6 miles on
Military Cutoff Road. and turn left onto Airlie Road. Follow Airlie Road for 0.7 miles and turn right on to Bradley
Creek Point Road., keep right for 0.12 miles and the property will be on the right.
The project site is currently maintained as a single-family residence located in a waterfront neighborhood directly
north of the mouth of Bradley Creek. The parcel is approximately 1.4 acres in size with approximately 346 feet of
shoreline, with a boat basin, 4-slip private docking facility, and access channel to the AIWW. The boat basin is
stabilized with a bulkhead and the access channel ranges in width from approximately 30'40' wide and is located
between breakwater sills. The north breakwater is approximately 238' in length, coastal wetlands boarder the sill for
approximately 150', with the remaining approximately 88' in open water. The south breakwater is approximately 300'
in length boarding approximately 200' of coastal wetland with the remaining 100' in open water. The highground is
vegetated primarily with ornamentals and maintained lawn grass and according to the applicant the elevation of the
property is approximately 8 feet above normal high water (NHW). Coastal wetlands consisting primarily of Smooth
Cordgrass (Spartina alterniflora) fringe the edge of the boat basin and have migrated into a small area of the access
channel. Scattered clusters of oyster were noted during the January 26, 2022 site visit, however, the basin and
channel bottom are predominantly soft fluff mud devoid of active shellfish. The private docking facility consists of a
short access pier extending from the southern side of the property over the bulkhead and coastal wetlands into the
boat basin with a ramp extending to the north onto a 6' by 60' floating dock positioned parallel with the shoreline.
Three finger piers approximately 3' by 16' extend from the 60' floating dock perpendicular to the shoreline with a
larger 6' by 25' finger pier attached at the northern end of the 60' dock for a total of 4 slips.
State Permit No. 59-97 issued to Mr. Kittinger on May 6, 1997 authorized the bulkhead, breakwaters, maintenance
excavation, and a docking facility. The maintenance excavation footprint authorized included an approximately 60'
by 60' boat basin to a max depth of -4 mean low water (MLW) with the widest portion of the basin shown at 66' on
the drawings referenced in the permit. A 30' wide by 380' long access channel was authorized to a depth tapering to
a maximum of -5 MLW. The permit was conditioned to allow a minimum distance of 5' from the existing coastal
wetlands to excavation footprint. The Field Report cited photographic evidence of a maintenance event occurring
between 1978 and 1984. State Permit No. 59-97 was later modified on September 13, 1999 to expand the private
docking facility to the existing configuration. This permit expired on December 31, 2000.
State Permit No. 23-08 was issued to Mr. Kittinger on April 24, 2008 through the Express Permitting program to
modify the existing breakwaters to close the 1 foot gap every 10 feet, which were not constructed with overlapping
breakwater sections as depicted in the drawings referenced in State Permit No. 59-97, install a boatlift, and perform
maintenance excavation to include an area of coastal wetland approximately 400 ft2 in size located within the access
channel, inside the previously authorized excavation footprint. The excavation footprint authorized through State
Permit No. 23-08 was the same as State Permit No. 59-97 with the exception of a slightly deeper cut. A depth of -5
MLW and -5.5 MLW was authorized for the boat basin and access channel respectively. Instead of modifying the
breakwaters, a minor modification was issued on June 9, 2010 to allow new breakwaters to be constructed 6" inboard
of the existing with the same 1' gaps every 10' to match the existing gaps. State Permit No. 23-08 expired September
30, 2014. According to the property owner the maintenance excavation authorized through State Permit No. 23-08
was not performed.
The current City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation,
and the adjacent high ground portion of the project area as R-20, Residential. The adjacent waters of the Wrightsville

303 Bradley Creek Point Rd., Joseph and Sandra Kittinger
Page Three
Recreation Area/ AIWW are classified SB by the Division of Water Resources and are designated as Secondary
Nursery Area but are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries.
They are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to perform maintenance excavation within the existing boat basin and access channel to
connect with the federally maintained AIWW. The access channel has existing coastal wetlands that would be
impacted with the maintenance excavation. The project also includes a small area of new excavation within the
established boat basin and the waterward end of the access channel. The dimensions of the proposed excavation
footprint in the existing boat basin range from 66' to 35' in width and 50' to 60' in length due to fringing coastal
wetlands, to a depth of -4 NLW. The previous boat basin excavation footprint authorized in State Permit 59-97
references a drawing that shows a maximum width of 66'; however, the Field Report and cdaits data indicate a 60'
maximum width. This 6' difference in width requested in the current application represents a small area of
potential new excavation, estimated at a max of 180 ft2. The dimensions of the proposed access channel range
from 23' to 34' in width and 430' in length to a depth of -4 NLW. The previously permitted access channel excavation
footprint was 380' in length with a max width of 30'. According to the applicant the proposed 50' increase in length
allows the excavation to connect to the -4 NWL contour and the 4' increase in width to 34' max would occur gradually
at the waterward end of the channel as a flared end. The extra 50' in length and 4' in width proposed at the end
of the access channel represents another small area of potential new excavation, estimated at a max of 480
ft2. Within this maintenance excavation footprint is a patch of Smooth Cordgrass (Spartina alterniflora) on the north
side of the channel, inside the breakwater approximately 32' by 12' or a maximum of 400 ft2 that would be impacted
by the proposed excavation. Both previous State Permits, 59-97 and 23-08 have authorized small amounts of similar
coastal wetland impacts. The applicant proposes to stay a minimum of 5' away from all other coastal wetlands during
excavation. According to the application, approximately 2,156 cubic yards (CY) of material would be removed using
a bucket to barge method and would be disposed of on a property owned by Shore Acres Company. located behind
DA 0248 or DA 0249. Prior to work commencing the applicant would submit a consent to cross authorization from
USACE. A letter of authorization from the disposal site property owner has been included in the application. Current
water depths in the boat basin range from -1' to -3'. Current water depths in the area of the proposed access channel
range from +1.5' to -3' NLW, depths were confirmed by DCM during the January 26, 2022 site visit (see Sheet 2 of
4).
10. ANTICIPATED IMPACTS
The excavation of the previously maintained boat basin and access channel would impact approximately 14,230 ft2
of Shallow Bottom. The areas of proposed new excavation would impact a maximum of 660 ft2 of Shallow Bottom.
Excavation of approximately 400 ft2 of coastal wetland within the previously maintained access channel would be
necessary to maintain historical use of the boat basin and has been previously permitted. An estimated total 2,156
CY of material will be disposed of impacting approximately 30,000 ft2 of highground outside of the 75' AEC.
Increases in turbidity can be expected during the construction process.
Submitted by: Katharine Elks Date: March 3, 2022 Office: Wilmington

Narrative
As acting agent for Joseph and Sandra Kittinger, I am submitting a CAMA Major Permit
Application for their property located at 303 Bradley Creek Point Rd, Wilmington, in New
Hanover County. The Kitzinger's have an existing boat basin, bulkhead, floating dock system and
access channel with a breakwater wall on each side leading to the AIWW. The basin and access
channel has had numerous maintenance dredging events over the years dating as far back as 1979
before the Kittinger's even owner the property which was authorized under various CAMA Major
and General Permits. The most recent CAMA Major Permit was in 2008 and unfortunately due to
an oversight it was allowed to expire.
The previous boat basin dredge footprint area measured approx. 60' by 60' to a final depth of -4'
@ normal low water (NLW) and the access channel measured 30' by 430' with final depths from
-4'@NLW adjacent to the basin to the -4'@NLW contour of the AIWW. The current proposal is
for the basin footprint area to vary from 35' to 66' in width by 50' to 60' in length to a final depth
of -4'@NLW. The reason for the change in the basin footprint is due to the existence of Coastal
Wetlands (primarily Spartina altemiflora) located along the perimeter of the basin, adjacent to the
bulkhead. The access channel dredge footprint will also vary due to the presence of Coastal
Wetlands from approx. 23' to 34' in width (34' will be a slight flare as it connects to the AIWW)
to a final depth of -4'@NLW and connect to approx. the -4' contour of the AIWW which is approx.
110' from the end of the northern breakwater. There is a small patch of Coastal Wetlands, primarily
Spartina altemiflora (approx. 400 sq. ft.) which is located along the north side of the breakwater
wall that does fall within the proposed dredge footprint. We are requesting that this small area be
allowed to be removed due to the extreme narrowing of the channel that it is causing in this area.
All excavation will be accomplished by bucket to barge as it has been accomplished in the past.
It should also be noted that the spoil disposal site will be located on private property, either
behind AIWW DA 0248 or AIWW DA 0249, both sites are owned by Shore Acres Com. The
actual site will be determined once a dredging contractor has been determined and at that time, a
consent to cross agreement will be acquired from the CORPS and a letter of authorization from
the property owner and both will be submitted to DCM for approval prior to the commencement
of any work.
• The project proponent hereby certifies that all information contained herein is true, accurate,
and complete to the best of my knowledge and belief.
• The project proponent hereby requests that the certifying authority review and take action on
this CWA 401 certification request within the applicable reasonable period of time.
Please feel free to contact me if you have any questions or concerns.
Ftso .IV -V FIE. •1�1 1J
FEB 0 4 nzz FvR 0 4
r,al;,lc; r0+ i, rltDONA i!Lr t4C-;"IOhi, rir,

DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
MI
Last Name
Joseph
Kittin er
Applicant 2: First Name
MI
Last Name
Sandra
Kittin er
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PC Box
City
State
303 Bradley Creek Point Road
Wilmin ton
NC
ZIP
Country
Phone No.
FAX No.
28403
1 USA
910- 2 0 4226 ext.
-
Street Address (if different from above)
City
State
ZIP
Email
ikittinger3agmail.com
2. Agent/ContractorInformation
Business Name
A en Contractor 1: First Name
Debbie
MI
Last Name
Wilson
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
16275
City
Wilmington
State
NG
ZIP
28 4 8
Phone No. 1
910" 612 " 0402 ext.
Phone No. 2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email
debbiew75 charter.net
RECEIVED
<Form continues on back>
JAN 14 2022
rz..�a v.rn reigir"rnn� nin

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
303 Bradlev Creek Point Road
Subdivision Name City
State
Zip
N/A Wilmington
NC
28403
Phone No.
Lot No.(s) (if many, attach additional page with list)
910 200 -4226 ext.
R 7 - 1 - 0
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Mite Oak
AIM
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 ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Wilmin ton
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
346'
61,420
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
1.41 acres
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
8. ®NHW or ❑NWL
e.
Vegetation on tract
Ornamental landscaping and lawn grasses
I.
Man-made features and uses now on tract
Single family residence, bulkhead, private residential docking facility and 2 breakwater walls.
g.
Identify and describe the existing land uses ad acent to the proposed project site.
Residential
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
Residential R-20
®Yes ❑No DNA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does itinvolve a ❑Yes NNo ❑NA
National Register listed or eligible property?
"itut-IVk-.I,)
<Form continues on next page>
JAN 14 2022
_,, d. fIc
7.52.608-Ze08 ., i•:. .eroent.ne4

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes []No
(ill) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available) See site plan
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
City Storm
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
[]Commercial ❑Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Private residential docking facility and boat basin.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Mechanical bucket to bardge excavation.
d. List all development activities you propose.
Maintenance excavation of an existing boat basin and entrance channel.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Meintenapee— 'p (Ak - V%cw A i -j W%0,AAa-e yl otvU P—,
I. What is the approximate total disturbed land area resulting from the proposed project?
❑Sq.Ft or ®Acres
1.0
g. Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
None proposed.
I. Will wastewater or stormwater be discharged into a wetland?
[]Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No ®NA
j. Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
JAN 14 2022
282.808-2808 .. 1-888-41R+Ct AST .. '

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed 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 Bradley Creek Point Holdings, LLC Phone No.
Address 305 Bradley Creek Point Road, Wilmington, NC 28403
Name Beane Wright Partners, LLC Phone No.
Address P. O. Box 1039, Wrightsville Beach, NC 28480
Name Phone No.
Address
g. A list of previous stale or federal permits issued for work on the project tract. Include permit numbers, permitlee, and issuing dales.
CAMA Permit # 54-79 issued to CK Equities Inc on 3/18/82 CAMA Permit #59-97 issued to
Joseph Kittinger on 5/6/97 and CAMA Permit #23-08 issued to Joseph Kittinger.
h. Signed consultant or agent authorization form, if applicable.
1. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only th
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 1216/21 Print Name Debbie Wilson, Agent
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development R ECEIV€=C)
❑DCM MP-4 Structures Information
JAN 14 2022
(1( l.. r.�. ,I".,

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock GroinFBrea
Rock
(excluding
NWL
kwater
shoreline
stabilization
Length
430'
Width
- 34'
351-66,
Avg. Existing
Depth
NA
NA
Final Project
Depth
NA
NA
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL In b. Type of material to
cubic yards.
c. (1) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shelf bottom (SS),
or other wetlands (WL)? If any boxes are checked, provide the None
number of square feel affected.
XCW 400 soft. ❑SAV ❑SB
❑WL _ ❑None
(if) Describe the purpose of the excavation in these areas:
To remove existing Soartina alterniflora which has migrated
into the existing access channel due to sand filling in the channel
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. LoGetlon of disposal area. b.
Shore Acres Company property, adjacent to DA 0248 or DA 0249
area.
c. (I) Do you claim tide to disposal area? d. (I) Will a disQQo�set area be available for future maintenance?
[]Yes ®No ❑NA RYes ❑No []NA
(if) If no, attach a letter granting permission from the Amer. (tt) If yes, where?
e. (i) Does the disposal area Include any coastal wetlandsimarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
CIVIL ®None
(it) Describe the purpose of disposal in these areas:
(I) Does the disposal include any area in the water?
❑Yes R)No ❑NA
(if) If yes, how much water area is affected?
RECEIVE[)
FEB 0 4 2022

3. SHORELINE STABILIZATION ®This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: _
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap _
Breakwater/Sill Other
I. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes []No ❑NA
(ii) If yes, stale amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No []NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW).
If yes.
(li) Amount of material to be placed in the water
(lii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Existing berms and silt fence
C. (1) WIII navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑cW ❑SAv ❑SB
❑WL []None
(ii) Describe the purpose of the fill in these areas:
b. What type of construc
backhoe, or hydraulic
used
Bucket to barge dredging and off loaded at disposal site
by skid -steer.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(if) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
12/6121 Debbie Wilson. Agent for Joseph & Sandra Kittinger
Date Applicant Name
Project Name
Applicant Signature JAN 14 2022

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Debbie Wilson
P.O. Box 16275
Wilmington, NC 28408
Dear Ms. Wilson:
NORTH CAROLINA
Environmental Quality
March 4, 2022
The Division of Coastal. Management hereby acknowledges receipt of your application, as acting agent for Joseph
and Sandra Kittinger, for State approval for development of the subject property located at 303 Bradley Creek Point
Road, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Wilmington, in New Hanover County. It was
received as complete on March 3, 2022 and appears to be adequate for processing at this time. The projected
deadline for making a decision is May 17, 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 3, 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,
Katharine Elks
Field Representative
cc: Cameron Luck, DCM Kathryn Thurston, City of Wilmington
USACE Holley Snider, DWR
Christine Bouffard, LPO Joseph and Sandra Kittinger, Applicant
North Carolina Department of Environmental Quality I Division of Coastai \Management
'J'JJp Wilmington Office 1127 Cardinal Drive Extension i Wilmington. North Carolina 28405
910.79b 7215

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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 Quality
• Martin Gilmore & Christopher Wilson
• Dennis Duke
• Joseph & Sandra Kittinger
Hello: Please publish the attached Notice in the Wednesday, March 9, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter.
cc: MHC Files
Cameron Luck — MHC
USACE
ort & Customer Assistance
wyesnMaiwamnbiOwib
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

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 N ee-(3)-slip facility 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 In, 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.
D _E Q�� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
rroam ovauva
^+^•^^+� 910,796.7215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: � `�' � '-�Xt�.t� l�< ,
y
Mailing Address:%(1 L K
Phone Number:
Email Address: Y' I1 - Y J 6) `;ft��c� L I , C 0 �Y
I certify that I have authorized Debbie Wilson, Agent
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
at my property located at �rc���,iE'�r1Y^.1 Fi �, still �111 f
in NN hc'N0U*7-r County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner
1
or Type
Title
Date
RECEIVED
This certification is valid through
JAN 14 2022
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From: "Adam Knierim" <[e-mail]>
To: "Debbie" <[e-mail]>
Cc:
Bcc:
Priority: Normal
Date: Thursday December 30 2021 8:21:31AM
Fwd: Disposal Site Request _ Kittinger Maintenance Dredging
---------- Forwarded message ---------
From: Michael Bostic <[e-mail]>
Date: Mon, Jul 26, 2021 at 10:03 AM
Subject: Re: Disposal Site Request - Kittinger Maintenance Dredging
To: Adam Knierim <[e-mail]> .
Adam,
Do you have permission to dispose of the Kittinger project spoils on the island. Please give notification a week prior to
starting work. Feel free to contact me if you have any questions or concerns.
Thanks,
Sent from my iPhone
> On Jul 22, 2021, at 8:23 AM, Adam Knierim <[e-mail]> wrote:
> Michael,
> Hope all is well. I wanted to touch base on the Kittinger Project and request written authorization for placement of
approximately 3,450cy of dredge spoil in the Beane Disposal Area. Similar to past requests, an emailed response
granting permission for placement will suffice for permitting purposes. Please give me a call if you have any questions
or concerns. Thanks again and have a great week.
> Adam C. Knierim
> President
> Maritech, LLC
> 108 Circle Drive
> Hampstead, NC 28443
> office 910.270.4058
> field 910.297.7710
> fax [phone]
Adam C. Knierim, M.S.
President/Coastal Geologist
Maritech, LLC
108 Circle Drive
Hampstead, NC 28443
office 910.270.4058
field 910.297.7710
fax [phone]
RECEIVED
JAN 14 2022
DCM WIL%II.P4G'f 0+J, NC

e9Uu;. raGF
RE
`� tj 1372 1558 REDEC��AP. TUEI.[tz
REGisIL.10!' nEcD3 OF
12B[) . on NEW HANOVER CO. NC
APR to 9 53 PN'87
PREPARED BY; Kenneth A. Shanklin
317 Chestnut Street
Wilmington, North Carolina 28401
[phone]
R434/KASRS
STATE OF NORTH CAROLINA )
1 WARRANTY DEED
COUNTY OF NEW HANOVER
THIS DEED, made this the g day of apAr.�O, , 1987, by
and between C. K. EQUITIES, INC., Trustee, if North Carolina
corporation, with its principal place of business being
located in New Hanover County, North Carolina, hereinafter
referred to as "GRANTOR"; and JOSEPH W. KITTINGER and wife,
SANDRA P. KITTINGER, of the County of New Hanover, State of
North Carolina, hereinafter referred to as "GRANTEES", with
a mailing address of 3a3 Aiudlkg ��ttk fbinr Raad ,
Wilmington, North Carolina of yal
WITNESSETH:
THAT the Grantor, for valuable consideration paid by
the Grantees, receipt of which is hereby expressly acknowl-
edged, has and by these presents does grant, bargain, sell
and convey unto the Grantees, their heirs and assigns, all
of the following lot or parcel of real property situated in
Harnett Township, New Hanover County, North Carolina, and
being more particularly described as follows:
BEGINNING at an iron pipe in the southwestern line
I i I
of the old Wright exception that is South 42
,r
degrees 45 minutes East along said line 259.6 feet
from an old stone marked "W",
the western-mostg"
O� n
corner of said exception, which said atone is
located South 43 degrees 27 minutes West 105.35
r
feet from another old stone marked "W", the
Z=
northern -most corner of said exception, this stone
y D
being South 43 degrees 27 minutes West 17.0 feet
from a point in the center of State Road No. 1411
(formerly U.S. 74-76 and N.C. 20) that is 372.0
feet northwestwardly along the center of said road
T
from the northwestern end of Dead Man's Curve at
X d
Wrightsville Sound; running thence from said
0,
c.01
Beginning point South 43 degrees 27 minutes West
o
150.33 feet to an iron pipes thence South 42
a ,N.
degrees 45 minutes East and parallel with the
o x rt
Wright line 400.0 feet to an iron pipe at the high
RETURNFD TO Yk 7-k6 r1 .Q%
1, : i a % p)
(WG:6

. 80Ur pdGe
1372 1559
water line of said sound; thence the same course
continued to the low water line of said sound;
thence northeastwardly along said low water line
150 feet, more or less, to its intersection with
the southwestern line of the Wright exception;
thence North 42 degrees 45 minutes West along the
southwestern line of the Wright exception to an
old stone marked "W" at the high water line of
said sound; thence North 42 degrees 45 minutes
West along said Wright line 400.0 feet to the
point of Beginnings the eame containing 1.38 acres
of high land and being a portion of the Herbert R.
Latimer tract on Wrightsville Sound; being the
same lands described in a certain deed to Meares
Harriss, Jr. and wife recorded in Book 797 at Page
568 in the New Hanover County Registry and Tract
No. 1 described in a certain deed to C. K.
Equities, Inc., Trustee, recorded in Book 1187 at
Page 1081 of the New Hanover County Registry.
TOGETHER WITH an easement and right-of-way previ-
ously reserved by C. K. Equities, Inc., as Trust-
ee, in that certain deed from C. K. Equities, Inc.
to David Michael Cline and wife, Patricia Hearn
Cline, dated October 30, 1985 and recorded in Book
1307 at Page 860 0£ the New Hanover County Regis-
try, for itself and its successors and assigns,
for the purposes of ingress and egress over and
across the easement area described below for
access to the above described property (being the
same property described in Book 797 at Page 568 of
the New Hanover Registry and furthermore, de-
scribed as Tract 1 of that certain deed to the
Grantor described in Book 1187 at Page 1081 of the
New Hanover County Registry) and for purposes of
the installation of utilities. This easement,
being 20 feet in width, runs from Bradley Creek
Point Road along the entire southern line of the
"Cline Tract" conveyed by C. K. Equities, Inc., as
Trustee, to David Michael Cline and wife, Patricia
Hearn Cline, recorded in Book 1307 at Page 860 of
the New Hanover County Registry (being the same
tract conveyed by deed from S 6 G Prestress
Company to Meares Harriss, Jr. and wife, recorded
in Book 942 at Page 216 of the New Hanover County
Registry), the southern line of said 20 foot
easement being the southern line of the Cline
Tract from the beginning point of said tract to
the northeastern corner of the old Harriss Tract
and the northern line of said 20 foot wide strip
-2-
JAN 14 2022

1
BOOK PA�i
1372 1561
being located 20 feet northwardly from the south-
ern line of said strip when measured at right
angles thereto, running parallel with said south-
ern line of the property described in Book 942 at
Page 216 of the New Hanover County Registry from
said Bradley Creek Point Road (Map Book 10 at Page
27 of the New Hanover County Registry) to the
easternmost line of the property described in Book
942 at Page 216 of the New Hanover County Regis-
try.
Together with and subject to the access for
ingress and egress over all of Bradley Creek Point
Road (private) a$
shown on a map recorded in Map
Book 10 at Page 27 of the New Hanover County
Registry.
R428/RASRS
TO HAVE AND TO HOLD the above described premises
together with all and singular the rights, privileges,
easements, tenements, duties and obligations and appurte-
nances thereunto belonging or in any way appertaining unto
Grantees, their heirs and assigns, in fee simple, FOREVER.
And, the Grantor for itself, its successors and as-
signs, covenants with the Grantees, their heirs and assigns,
that the Grantor is seized of the premises in fee simple,
has a right to convey the same in fee simple and the title
is marketable and free and clear of all encumbrances, except
as stated hereinbelow, and that the Grantor will warrant and
defend the title against the lawful claims of all persons
whomsoever, except for the exceptions hereinafter stated.
The property so conveyed is subject to:
1. Restrictive Covenants, if any, applicable to
this lot;
2. Easements to public utilities of record;
3. Ad valorem taxes for the year 1987 and
thereafter;
4. Zoning and/or Subdivision Ordinances and
Regulations adopted by the County of New Hanover; and
5. Grantor does not warrant the title to any
portion of the premises herein described and conveyed
that may be below the high water mark of waters adjoin-
ing this tract.
-3-
JAN 7 A 20K

I
B00p PAGE
1372 1561
IN WITNESS WHEREOF, the Grantor has caused this instru-
ment to be executed in its corporate name by its duly
atithoriaed officers and its corporate seal to be hereunto
A xet! all by authority of its Board of Directors, the day
�,p.w.woalyG yy3j�diAr first above written.
�FO�'•��' C. R. EQUITIES, INC., Trustee,
� as f . r:: a North Carolina, poration
'_ ° :ate Seal)00,
BY:
President.1 mill
Cr,ata ry '�`
Is ff ff ff ff It
STATE OF . ttASSAcHusE'rT5
COUNTY OF ESSEX.
I, Gar v B. Gozvcki Essex a Notary Public in
and for the a oresai State and County,
do hereby certify that WANDA H. CARLBERG, personally ap-
peared before me this day and acknowledged that she is the
Secretary of C. R. EQUITIES, INC., a North Carolina corpo-
ration, as Trustee, and that by authority duly given and as
the act of the corporation, the foregoing instrument was
signed in its name by its President, sealed with its corpo-
rate seal and attested by herself as its Secretary.
Witness my hand and official stamp or seal, this the
20t1Hay of April , 1987. x
Notary Pablic 0
My Commission expires:
MY OOMANBBIOMOC1089t 1a.1N"' i '.r 11 GG.;.
19 93 `.;^s .0 r':od1r:L,..
-4-
STATE OF NORTH CAROLINA
New Hanover Coo Iy
' h< F L' repoinR �� «ificate f� - _--
—i .LU,u`�c�cI -1 _ --
ir<e«tfied lu be co�r----------
nus theAL 0-Y of<tL He7
6 —becca k .. Reps , of Deeds
JAN 1 4 202

• BOus -i'i
1511 1590
Return: Div. Marine Fisheries, Submerged Lands, PO Box 769, Morehead City, NC 28557
STATE OF NORTH CAROLINA TAR I.D. NO. 57•DO 008 012. 00O
NEW HANOVER COUNTY
IN RE CLAIM OF
Joseph V. Kittinger and wife,
Sandra P. Kittinger
TAKE NOTICE:
1. Pursuant to G.S. 113.205, 113-206 and the rules promulgated thereunder,
the Secretary of the North Carolina Department of Environment, Health, and Natural
Resources, through his designee, the Director of the Division of Marine Fisheries,
has issued a final resolution pursuant to C.S. 113-206 and 15 NCAC 1C.0103 concern-
ing the submerged land claim originally filed by Meares Harries, Jr. and wife, Mary
Kirby Harriss.
2. The lands subJect to this final resolution are limited to those submerged
land@ which were claimed by Meares Harries, Jr. and wife, Mary Kirby Harriss
pursuant to G.S. 113.205 and are described more fully in the following:
40 Deed Book 1372 Page 1558, New Hanover County Register of Deeds
3. As the successor in interest to the original claimant, Meares Harries, Jr.
and wife, Mary Kirby Harries, the current claimants, Joseph V. Kittinger and wife,
Sandra P. Kittinger, asserted title to the Submerged lands covered by the claim.
., 4. The interest now claimed by Joseph W. Kittinger and wife, Sandra P.
n Kittinger in the lands described has been denied. This final resolution does not
affect or impair the coneon law riparian or littoral rights running with lands
1� located above the mean high water mark.
5. Notice of this final resolution has been duly served on Joseph W.
Kittinger and wife, Sandra P. Kittinger by certified mail.
6. The Secretary directs that this declaration he recorded under Joseph V.
Kittinger and wife, Sandra P. Kittinger In the grantor index and cross-indexed under
the State of North Carolina In the grantee index in the NEW HANOVER County Register
of Deeds,
This the
is
day of _, 19 90 .
WILLIAM V. COBEY, JR.
Secretary
REG;,n1=; a ..; v::nIiED
By:
4EBECC:; r. 'U!:
ER ap
Yilliw T. No arth, Ph.D.. Director
8
RECIi10c
gE.,
North Carolina Division of Marine
Fisheries Department of Environment,
SEP ZI 1108
M 10
Health, and Natural Resources
Pursuant to 15 NCAC 10.0103(3)
JAN: 1 1 ?N
193602

BUUt AGE
1511 15y1
THIS INSTRUMENT APPROVED AS TO FORK BY THE ATTORNEY CSNERAL'S OpPICE
LACY H. THORNBURG
Attorney General
By: � . ISL
NO TN COROLINA istant Attorney Gd1neral
YY w 0 --.. COUNTY
1, 44ALAU.. I. • Q/g0 , A Notary Public, in and for the said County and
tify
State, do hereby ceret Dr. VillLm T. Hogarth personally known to me, person-
ally appeared before as this day in said County and State and duly acknowledged the
due execution of the foregoing instnwent of writingg fo[ the rposas the ein
expressed. Witness ay hand and official seal this the /3 day of
„...1
.............
�:/�+ Note
fires ry Pubes
NORTH CAROLINA
Nfhl /•L+lioil/ / COUNTY
The foregoing certificate of .��.Ine L. �aaam a Notary Public of
County, State of North Caroli , fie certified to be correct.
This instrument was presented for registration this day and hour and duly recorded
In the office of the Register of Deeds of County, North Carolina
in Book _ Page
This 91 day of SEP. , 19 !2&-, at o'clock N.
Rlbe ag star D/e�eds
/ y%%AOe�,�'
m

Location Map
J•4N 1 Q 2022
County, NC
Joseph & Sandra Kittinger
303 Bradley Creek Point Road
Wilmington, New Hanover County
Prepared By: Debbie Wilson
12/6/21 Scale: NITS
Sheet 1 of 4

Existing Conditions
Beane Wright Partners, LLC
R05700-003-063-000
P.O. Box 1039
Joseph & Sandra Kittinger
303 Bradley Creek Point Road
Wilmington, New Hanover County
Drawn By: Debbie Wilson
12/6/21 Scale: 1" = 30'
Sheet 2 of 4
Wrightsville Beach, NC 28480
E
E
10
4 I%
° n
Existing Water Depths
Relative to N.LW
k
E
Marsh
-4' Contour is 1 10'from end
k
Z
of northern breakwater
F
k
Joseph & Sandra Kittinger
k
k
303 Bradley Creek Point Road
Wilmington, NC 28403
4
E
Existing Bulkhead
F
175' to AIVVW
-EMarsh
E
Exlstln Setback -3'
Nit*
¢
4
F
Breakwater -2' -2,
xis In
-2.5'
Existing
E
ulkhead
�`
E k
2,
0.5'
2.2
-2, -t.r
� �
;k.
4
!6 B Marsh
E
Existing Entrance Channel
2 -2.2' .3'
-0.76'
Existing
2 9, Existing
0 5, -2'
-1 -0 76'
Breakwater
• Basin -2'
-0.6 -0.6'
�
� -2.2' -1.9'
-0.5'
E
-2'
-0.5'
-0.5'
k
-2.1'
• ing
E
A4
k
k !F
4- k 4 Marsh 6
E
Existing Bulkhead
k
JP L
Upland
de
m
°�
E NHW
k
E
3m
Bradley Creek Point Holdings, LLC
k
z
305 Bradley Creek Point Road
RECEIVED
Wilmington, NC 28403 �.
Marsh
k
JAN 2 8 ?n`�
k
E
DCM WILMINGTON, NC
E
xisting Pier
E R
!c

Proposed Maintenance Excavation
Joseph & Sandra Kittinger
303 Bradley Creek Point Road
Wilmington, New Hanover County
Drawn By: Debbie Wilson
12/6/21 Scale: V = 30'
Beane Wright Partners, LLC Sheet 3 of 4
R05700-003-063-000
P.O. Box 1039
Wrightsville Beach, NC 28480 E �
E E Red Hatched Area is the Proposed
° a Maintenance Excavation Footprint
4 @ NLW within Basin
---- ................__. _ p to 4 Coritour of the AIVUW
- — Marsh z
r
F
Joseph & Sandra Kittinger E /
303 Bradley Creek Point Road /
Wilmington, NC 28403 E l
F 1 175' To Existing Bulkhead E k 430' to -4' contour set- -
cicfr«n
E F of AIWW a wat Breakwa
Man:h t
F
FE 10' 10'
E s' Existing I k / 34' A
E E is E Bulkhead 33'
B' sh Existing trance Chan I -
5 is in 501' e- N F �` 1s' 30' Existin 130' D
'o \ Breakwater
m i p' i
g' Isting , 23'
- m xis Bassir1
d � '
35' 30 e
7' �6 62' 23 24'
i
S la
10, k
E E
istin =-sr 8' a !u A
9'
E E EMars� E k (z
Z
Existing Bulkhead oM N �
L P � Upland 90
k E
E HW a w o
Bradley Creek Point Holdings, LLC 3 7
� � � � o 0 0
305 Bradley Creek Point Road Marsh '
0
Wilmington, NC 28403 � ¢ �
E � E E F c
I RFtrEli/ED o
� F
F
MAR 0 3 2022
Existing Pier � I i
DCM 1NIL MIN(3TON, NC �] �i

X-Sections
Typical Basin X-Section
NTS
3'
2'
-3'
-4'
-5'
Typical Access Channel
NTS
Water Depths Relative to MLW
Water Depths Relative to MLW
JAN 14 2022
Joseph & Sandra Kittinger
303 Bradley Creek Point Road
Wilmington, New Hanover County
Drawn By: Debbie Wilson
1216/21 Scale: NTS
Sheet 4 of 4
of +

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

November 18, 2022
Regulatory Division

Action ID No. SAW 2008-00463

Joseph and Sandra Kittinger
303 Bradley Creek Point Road
Wilmington, NC 28403

Dear Mr. & Mrs. Kittinger:

Reference your application for a Department of the Army permit to perform maintenance
excavation within the existing boat basin and access channel to connect with the federally
maintained AIWW. The project will also include a small area of new excavation in wetlands
(180 square feet) within the established boat basin and the waterward end of the access channel.
The dimensions of the proposed excavation footprint in the existing boat basin range from 66
feet to 35 feet in width and 50 feet to 60 feet in length. The dimensions of the proposed access
channel range from 23 feet to 34 feet in width and 430 feet in length. Both the boat basin and
access channel will be dredged to a maximum depth of -4 Mean Low Water Level (MLWL). The
dimensions are larger than previously issued permits, resulting in another small new area of
excavation of 430 square feet.

The project will dredge and remove approximately 400 square feet of coastal wetlands.
The dredging will stay a minimum of 5 feet away from all other coastal wetlands. The dredging
area encompasses 14,890 square feet of open water, 660 square feet of which is new dredging
area. Approximately 2,156 cubic yards (CY) of material will be removed using the “bucket to
barge method” and will be disposed of on a property owned by Shore Acres Company, located
behind DA 0248.

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

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
-2-

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

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

Enclosures:

Plans
Manatee Guidelines
GP 291 conditions

Copies Furnished by Email (with enclosures):

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

-2-

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, dated December 6, 2021, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.

2. A “Consent to Cross” authorization from the Corps of Engineers must be obtained prior to
crossing the Corps easement during the material disposal portion of the project. Provide a
written request and a map showing the disposal site and the crossing location to Justin
Arnette at [e-mail].

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

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

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

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

7. 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.

-3-

Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973.

8. The activity must be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less
in trout waters, are not considered significant.

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

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

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

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

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

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

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

Permit Class Permit Number
NEW 70-22
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

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Joseph and Sandra Kittinger, 303 Bradley Creek Point Rd, Wilmington, NC 28403
Authorizing development in New Hanover County at adj. to AIWW, at 303 Bradley Creek Point
Road in Wilmington , as requested in the permittee’s application dated 12/6/21 (MP-
1 & MP-2) , including work plan drawings (4) Sheets 1-4 of 4, dated 12/6/21.
This permit, issued on July 1, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
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

Maintenance Excavation – Boat Basin and Channel

1) Excavation shall not exceed -4 feet below the normal low-water level. In no case shall the depth of
excavation exceed the depth of connecting waters.

2) No excavation shall take place at any time in any vegetated wetlands/marsh or surrounding waters
outside of the alignment indicated on the workplan drawing(s).

3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

(See attached sheets for Additional Conditions)

Joseph and Sandra Kittinger Permit No. 70-22
Page 2 of 3

ADDITIONAL CONDITIONS

4) A buffer shall be maintained around coastal wetlands within the boat basin as depicted in the attached
workplan drawings.

5) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

Dredge Material Disposal

6) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.

7) No dredge material shall be placed within 30 feet of the normal high-water line.

8) All excavated materials shall be confined above normal high-water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.

9) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.

Oyster Relocation

10) To reduce direct impacts to oyster resources, the permittee shall, in consultation with NC Division of
Marine Fisheries, relocate all oysters falling within the dredge footprint to an area immediately adjacent
to the project area in similar water depths and sediment type.

Maintenance Clause

11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.

Joseph and Sandra Kittinger Permit No. 70-22
Page 3 of 3

ADDITIONAL CONDITIONS

USACE Conditions

12) A “Consent to Cross” authorization from the Corps of Engineers must be obtained for the easement of
the Corps navigation channel prior to material disposal. Provide a written request (including name,
mailing address, phone number and email) and a map showing disposal site and the crossing location to
Justin Arnette at [e-mail].

Sedimentation and Erosion Control

13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

14) 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

15) 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.

16) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

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

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

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20080195v2.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the mean high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project.