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HomeMy WebLinkAbout33-22 Suh, Kendall & Eunjin�944�......_-------:_,:__:»_...................................... Permit Class Permit Number NEW 33-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V e r m ft for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Euniin H. Suh Trustee c/o Kendall Suh, P.O. Box 5189 Ocean Isle Beach, NC 28469 Authorizing development in Brunswick County at adi to a man-made canal, at 50 Moore St, Ocean Isle Beach as requested in the permittee's application dated 11/11/21 (MP-1 & MP-4) including work plan drawings (2) Sheets 1-2 of 2 dated 11/8/21. This permit, issued on March 23, 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 if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be nun ana vma. Docking Facility 1) This permit authorizes only the docks, piers, boatlift, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit authorizes 2 additional formalized boat slips for a maximum of 4 formalized boat slips at this docking facility. (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 or the Secretary or ur y ana me i nao of the Coastal Resources Commission. O Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Eunjin Sub Trustee ADDITIONAL CONDITIONS Permit No. 33-22 Page 2 of 3 3) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or, inclement weather. 7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 8) Should the western adjacent lot be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) 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 11) 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. 12) All construction debris associated with the removal or construction of the permitted docking facilities shall be contained within the authorized project area and disposed of in an approved upland location. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Eunjin Suh Trustee Permit No. 33-22 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4501 and assigned the project DWR Project No. 20211841. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. 2. 4. 5. 0 7 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Eunjin H Suh Trustee c/o Kendall Suh PROJECT NAME: Suh Private Dock Expansion LOCATION OF PROJECT SITE: The project site is located at 50 Moore Street on the end of Canal 43 in Ocean Isle Beach, North Carolina. Coordinates: Latitude N 33°54'45.40" Longitude W 78°25'59.99" INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12-8-2021 Was Applicant Present — No PROCESSING PROCEDURE: Application Received — 12-2-2021 Application Complete — 12-8-2021 Office - Wilmington SITE DESCRIPTION: (A) Local Land Use Plan - Town of Ocean Isle Beach Land Classification From LUP — Residential (B) AEC(s) Involved: PT, EW (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single family residence, (2) single slip docking facilities Planned - Expand the docking facilities to accommodate 4 formalized slips HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A N/A N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water N/A N/A 704 sq. ft. (Incorporated) (D) Total Area Disturbed: (E) Primary Nursery Area (F) Water Classification: 704 sq. ft. (—.01 acres) No SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to expand from 2 to 4 individual docking facilities for a total of 4 formalized slips within the Ocean Isle Beach canal system. Suh Private Dock Expansion December 15, 2021 PROJECT DESCRIPTION The proposed project is located on the northern end of Moore Street at 50 Moore Street in Ocean Isle Beach, Brunswick County. No permit history can be located for the initial installation of the existing docking facilities but aerial imagery shows the floating dock and boatlift have been in place since at least 2005. General Permit #70771 was issued on 3/3/2018 to replace the boatlift to accommodate a larger vessel. On the eastern side of the property, adjacent to Canal #3, there is an existing gangway leading to an 8' x 20' floating dock. The floating dock extends approximately 20' waterward of the NHW line to the '/4 width of Canal #3 and does not encroach into the riparian setback to the south (Slip 2, See Sheet 2 of 4). Located on the northern side of the property, adjacent to Canal #19, there is a non -symmetrical 8' x 12' access pier that leads to an 18' x 18' boatlift (Slip 1, See Sheet 2 of 4). The existing boatlift is outside of the western riparian setback and extends approximately 30' waterward of NHW to the'/4 width of Canal #19. The project site is approximately .16 acres and is vegetated primarily with domestic grasses and ornamental landscaping. The high ground portion is elevated approximately 4' above the normal high water (NHW) level, and the shoreline (+/- 200 linear feet) is stabilized by a concrete bulkhead. There is no indication of any Coastal Wetlands on -site. The applicant's property sits at the end of a man-made canal system between Canal #3 to the east and Canal #19 to the north. Residential properties and Moore Street border the project site to the west and south. According to the application, Canal #3 measures approximately 87' wide from NHW at the bulkhead while Canal #19 measures approximately 120' wide from NHW at the bulkhead. The waters of the canal system are classified SA by the Division of Water Quality and 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. Based on visual observations made by DCM staff during the December 2021 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) in the surrounding waters. Water depths in the vicinity of the proposed docking facility range from -2.0' to -3.0', relative to NLW. PROPOSED PROJECT The applicant proposes to expand from 2 to 4 individual docking facilities for a total of 4 formalized slips within the Ocean Isle Beach canal system. Starting on the southeast side of the property, the applicant has proposed to replace the existing 8' x 20' floating dock with a new 8' x 20' floating dock in the same footprint (Slip 4, See Sheet 3 of 4). The floating dock would extend approximately 20' waterward of NHW, to the width of Canal #3. Moving north along the property, the applicant has proposed to install a 6' x 10' access pier leading to a new 12' x 12' open boatlift (Slip 3, See Sheet 3 of 4). The boatlift would also extend approximately 20' waterward of NHW to the '/4 width of Canal 43. Centered on the northern side of the property, along Canal 419, the existing 18' x 18' boatlift and associated access pier would remain in place (Slip 2). To the west of Slip 2, the applicant has proposed a 6' x 10' access pier leading down a gangway to an 8' x 35' floating dock (Slip 1, See Sheet 3 of 4). The proposed floating dock would extend approximately 30' waterward of NHW to the '/4 width of Canal #19 and encroach approximately 5' into the western riparian setback. The applicant has received the western adjacent setback waiver. 10. ANTICIPATED IMPACTS The proposed four -slip docking facility expansion would result in the incorporation of approximately 704 square feet of Estuarine Waters and Public Trust Area. As proposed, none of the floating docks would exceed Sub Private Dock Expansion December 15, 2021 the'/4 width of the waterbody. The applicant has also proposed to orient the boatlift (Slip 3) to allow for side loading to prevent the vessel from extending past the %a width limitation of Canal #3. The proposed development would be located within the western 15' riparian corridor setback but remain at least 10' off the western riparian line (per Town of Ocean Isle Beach canal rules). Minor increases in turbidity should be expected during piling installation. Submitted by: Brendan Brock Date: December 15, 2021 Office: Wilmington RECFIVR Narrative DEC 0 2 ?0?I DCM WILMINGTON NC As acting agent for Kendall Sub, I am submitting a CAMA Major Permit Application for his property located at 50 Moore St., Ocean Isle Beach, in Brunswick County. As proposed, the existing 8' x 20' floating dock and pier located on the eastern side of the property (along the smaller canal) will be replaced with a new 8' x 20' floating dock, a new 4' x 16' access ramp which will extend from a new 6' wide by 6' long fixed access pier. Located approx. 6' northward from the floating dock will be a new 12' x 12' boatlift with a new 6' x 12' elevated fixed access pier. The new boatlift will be side -to loading to prevent the vessel from extending past the ''/a width limitation of the canal. These structures will not encroach into the adjacent 15' riparian corridor setback and will not exceed the existing pier -head line nor '/a of the width (21') of the waterbody which measures approx. 87' in this location. Existing water depths at the waterward side of these structures is approx. -3' @ Normal Low Water (NLW) within the man-made canal. Located on the northern side of the property (along the larger canal) approx. 14' westward of the existing boatlift, will be a new 6' wide by 10' long fixed access pier leading to a new 4' wide by 16' long ramp down to a new 8' wide by 35' long floating dock. As proposed, the new floating dock will extend 5' into the adjacent 15' riparian corridor setback to the west and will require a waiver from the property owner, Mr. Pigg located at 49 Moore Street. These structures will not exceed the existing pier -head line nor '/a of the width (30') of the waterbody which measures approx. 120' in this location. Existing water depths at the waterward side of these structures is approx. -3' @ NLW within the man-made canal and the new docking facility will accommodate a total of 4 vessels. • 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. OCM MP-1 APPLICATION for RECEIVE; DEC 0 2 2021 Major Development Permit DCM WILMINGTON, N (last revised 12/27/06) bd North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Kendall Suh Applicant 2: First Name MI Last Name Eunjin Suh If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5189 Ocean Isle Beach NC ZIP Country Phone No. FAX No. 28469 USA 910 - 620 -9997 ext. - StreetAddress(if different from above) City State ZIP 50 Moore Street cean Isle Beach NC 28469 Email jeeheehansuh@gmail.com 2. AgendContractor Information Business Name Fge—nl Contractor 1: First Name Debbie MI Last Name Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilmin ton State NC ZIP 28408 Phone No. 1 91 - 612 - 04 2 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email debbiew75@charter.net <Form continues on back> Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 50 Moore Street Subdivision Name City State Zip Ocean Isle Beach NC 28469 Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 620 - 9997 ext. 56, 1 1' a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber CC" a\ c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNatural ❑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 Was ❑No work falls within. Ocean Isle Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 200 ft 6 970 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.16 ac I I NWL (normal water level) (if many lot sizes, please attach additional page with a list) 4' ®NHW or ❑NWL e. Vegetation on tract Ornamental landscaping and lawn grasses. DEC 0 2 2021 f. Man-made features and uses now on tract Single family residence, fence, bulkhead, private pier, boatlift and floating dock. g. Identify and describe the existing land uses adlacent 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) R-1 Residential ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a 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 it involve a ❑Yes NNo ❑NA National Register listed or eligible property? <Form continues on next page> 252.808-2808 .. 1-888.4RCOAST .. W w W. 17 o e o a s t a l m a n a g e ni e 11 t. n et Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (it) Are there coastal wetlands on the site? ❑Yes NKo (iii) If yes to either (i) or (H) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) REGFIVIEP n. Describe existing wastewater treatment facilities. Municipal DEC U 2 2021 o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 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 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. Typical marine construction with a barge mounted pile driver. d. List all development activities you propose. Install a new 8' x 35' floating dock, new 6' x 10' pier, a new 12' x 12' boatlift and replace the existing 6' x 6' pier and 8' x 20' floating dock. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres 680 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 found or 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> 252.808-2808 :. 1.888-4RCOAST :: w w w. n c c oa 9 t a i m a n a tt e ro e n t. re et Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Informs tion 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):- M are always applicable to any ma%or 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 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. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name phone No. Obern Bailey;Pigg Address 1601 Old Mill Road, Lincolnton, NC 28092 Name Alvin & Linda Hyatt Phone No. Address 992 Bryansplace Road, Winston Salem, NC 27104 Name -Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None found h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certificationand Permission to Enter on Land j I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this 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 11/11/21 Print Name DebbieWils''on//, Anent RECElm) Signature z%l AeQ' Gt/ IZ DEC o 2 zoo) Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts WiLMINGTpN, NC ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information 252.808.2808 :: 1.888.4RCr3AST :: www.nccoastalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) DEC 0 2 2021 DCM WILMINGTON, NC 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Government ®Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number _3 (iii) Length 10' 6' 12' (iv) Width 2 (v) Floating []Yes NNo e. (1) Are Platforms included? NYes ❑No If yes: (it) Number 2 (iii) Length 35' 20' (iv) Width 8' (v) Floating NYes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 4 (ii) Number of slips existing 2 i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water; dredging for basin and/or channel NOpen water: no dredging required ❑Other; please describe: k. Typical boat length: 16=41' m. (i) Will the facility have tie pilings? ❑Yes NNo (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo d. (i) Are Finger Piers included? ❑Yes NNo If yes: (ii) Number _ (iii) Length _ (iv) Width (v) Floating ❑Yes ❑No I. (i) Are Boatlifts included? NYes ❑No If yes: (ii) Number 1 (iii) Length 12' IN) Width 12' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout I. (i) Will the facility be open to the general public? ❑Yes NNo 2. DOCKING FACILITY/MARINA OPERATIONS ®This se( cti)M ¢le a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets DEC 0 2 2021 ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of "Pumpout Available' signs proposed DCM WILMINGTON N: I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVER) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No DEC 0 2 2021 n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No DCM WILMINGTON, NG o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB _ OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii)Number _ (iii) Length (iv) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g,, wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (iii) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS SThis section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured Gom marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 10' to the west & 16' to the south Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 120' e. (i) Will 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. b. Proximity of structure(s) to adjacent docking facilities. 45' to the west 198' to the east & 27' to the south d. Water depth at waterward end of structure at NLW or NWL -3' @ NLW RECEivF:f'f DEC 0 2 2021 DCM WILMINGTON, NC 8. OTHER ❑This section not applicable a. Give complete description: _Install anew 6' x 10' fixed pier leading via ramp to anew 8' x 35' floating dock, anew 6' x 12' fixed pier leading to anew 12' x 12' boatlift, _ replace the existing 6' x 6' pier, ramp and 8' x 20' floating dock in the same footprint. 11/11/21 Date 50 Moore Street Project Name Debbie Wilson, Agent for Kendall Suh Applicant Name ��6� G(J�aery Applicant Signature ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director SENT VIA EMAIL Debbie Wilson Consulting c/o Debbie Wilson 4828 Carolina Beach Rd Wilmington, NC 28412 NORTH CAROLINA Environmental Quality December 15, 2021 SENT VIA EMAIL RE: CAMA Major Development Permit Application Suh Private Dock Expansion Dear Ms. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application, acting as the agent for State approval to expand a two (2) slip docking facility into a four (4) slip docking facility at 50 Moore St., Ocean Isle Beach, Brunswick County, NC. It was received complete on December 8, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is February 21, 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 December 8, 2021 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 1 I3A-I 19(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, ,I Brendan Brock Field Representative CC: Cameron Luck, MHC Town of Ocean Isle Beach WIRO DCM USACOE Holley Snider, DWR Kendall Suh for Eunjin H Suh Trustee, Applicant ®E�� �tln, e2{- n.. n: dB > , (. 15-aivIP .c i. -ne mine J c _aa r Dr re _:.,_ In nine c t Ca _3=tG5 0 NORM l./ai:V uP;1, Environmental Otmlin December 17, 2021 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Kendall & Eunjin Sub Hello: Please publish the attached Notice in the Thursday, December 23, 2021 issue. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director, Division of Coastal Management The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. (Customer No. 489895) Thank you for your assistance in this matter. Permitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On December 15, 2021, Kendall & Eunjin Suh proposed to expand from two (2) to four (4) individual docking facilities for a total of four (4) slips at 50 Moore St., at the end of Canal #3, Ocean Isle Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Brendan Brock N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 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 January 13, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. JAD V A • — C> W AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION RECEIVIED DEC 0 2 2021 Name of Property Owner Requesting Permit: Kendall Suh DCM WILMINGTON, NC: Mailing Address: PO Box 5189 Ocean Isle Beach, NC 28469 Phone Number: 910-620-9997 Email Address: jeeheehansuh@gmail.com I certify that I have authorized Debbie Wilson, Agentj Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 3rd Dock at my property located at 50 Moore Street, Ocean Isle Beach, NC in Brunswick County. I furthermore certify that 1 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. OwnerProperty I ve_" Owner Kendall Suh Print or Type Name Title 9 129 12021 Date This certification is valid through ■ 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 mailplece, or on the front if space permits. _ Alvin &11 992-Bryansq lace Mad Winston Salefn; NC 27104 IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIIIII 9590 9402 4674 8323 6002 54 7020 0640 0000 0376 7479 PS Form 3811, July 2015 PSN 7530-02-000-9053 A. Signature f G ❑Agent X ` ❑ Addre. B. Received by (Printed Name) C. D't of Deil D. Is delivery address different from Item 17 Y�tes,- If YES, enter deROMWED: ❑ No DEC 0 2 2021 3. Service Type ❑ Priority Mail EZPMSO ❑ Adult Slgnature ❑ Adult Signature Restricted Delivery ❑ Reglslered Mail*• ❑ Registered Mail Restricted ❑ Cergfed Mall® ❑ Certified Mail Restricted Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise O Signature Confirmation^' ❑ Insured Mall ❑ Signature Confirmation Restricted Delivery ❑ Insured Mail Restricted Delivery Domestic Return Receipt USPS Tracking® FAQs RECEIVED Track Another Package ♦ DEC 0 2 2021 DCM WILMINGTON, NC Tracking Number: 70200640000003767462 Remove x Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. In Transit, Arriving Late November 20, 2021 Get Updates u Text & Email Updates Tracking History ru 1.. . . r`7.N 7FG"(M�,�. r. m M mIces pt Q,eNwph ❑Behan RemlPt (Necemlc) ❑Cedifled Mall Reehicdetl Dallwy ED M �AaUa &9reture Rege4ed []Ad�kalereNre RmMcleO DelNe p Postage . -D Total Poetege ane V, o s p Sent To ru p SlieeiendApLN6.,:iv MBu. M1 7'r Poetmerk Here v Obern Bailey Pigg 1601 Old Mill Road Lincolnton, NC 28092 November 20, 2021 In Transit, Arriving Late Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. November 16, 2021, 5:68 pm Departed USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER November 16, 2021, 12:08 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER m rg 3- Cr IOU n RECEIVED CERTIFIED MAIL • RETURN RECEIPT REQUESTED DEC 0 2 2021 DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIV&5MNGTON, NC Name of Property Owner: Kendall Suh Address of Property: 50 Moore Street, Ocean Isle Beach, Brunswick County, NC 28469 (Lot or Street #, Street or Road, City & County) Agent's Name #: Debbie Wilson Agent's phone #: (910) 612-0402 Mailing Address: P. O. Box 16275 n I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they a,re proing. A description or drawing, with dimensions, must be provided with this letter. V 1 have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at httn://www. nccoastalmanagement.net/web/cm/staff-listing or by calling 1-888.4RCOA ST. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If ou wish to waiv a setback, you must initial the appropriate blank below.) �r I do wish to waive the 15' setback requirement. III V ;J p I do not wish to waive the 15' setback requirement. (Property Owner Information) Agent for Signature Kendall Suh Print or Type Name P. O. Box 5189 Mailing Address Ocean Isle Beach, NC 28469 City/state/Zip (910)620-9997 Telephone Number/Email Address 11/11/21 (Riparian Property Owner Information) Signature UhCrn Print or Type Name 160( 0l-D /,�ic- k'eA0 Mailing Address /— /NG o /n t'✓ /V— 2JUiv City/state/Zip 70y-93L �iY oll.•_e,_, C, Gr: it-s,, t A.n�.t Telephone Number/Email Address Date Dare (Revised Aug. 2014) From: "Obie Pigg" <obiepigg@bellsouth.net> To: debbiew75@charter.net Cc: Bee: Priority: Normal Date: Tuesday November 30 2021 8:53:48AM Re: 50 Moore Street RECEIVED DEC 0 2 2021 DCM WILMINGTON, NC We are on our boat on our way to Florida. Since we approved everything just put my initials where needed. OBP Sent from my iPhone > On Nov 29, 2021, at 7:36 PM, debbiew75@charter.net wrote: > Hey Mr. Pigg, > I received the adjacent riparian property owner notification form from you and I see that you have agreed to waive the 15' setback, however, the form must be initialed and not just checked. if you would be so kind as to initial the attached form and email it back to me I would really appreciate it. If you have any questions please call me at (910)612-0402. > Thank you, > Debbie > <img322.pdf> ������������������111111r etiP10�5 of Deeds r- Z°men and defend the title against the lawful claims of all persons whomsoever, subject to the following exceptions: Utility easements of record Restrictive covenants of record IN WITNESS WHEREOF, the Grantors have hereunto set their hands the day and year first above written. / �' s DR. KENDALL SUH Wvk�— �� SL Witness EUNJIN H. SU STATE OF 01-110 COUNTY OF IIAMILTON I, a Notary Public of the County and State aforesaid, certify that DR. KENDALL SUH and EUNJIN H. SUH, Grantors, personally appeared before me this day and I have RECEIVE[) personal knowledge of the identity of the Grantors and the Grantors acknowledged the execution of the foregoing instrument. DEC Q 2 l JC WITNESS my hand and official stamp this day of March, 2008. (147365_1) (141365_n DCM WILMINGTpN. iVf: Notary Publics KAREN A.ROLCIK Attorney at Lew Notary Public, Stele of Ohio My commission Has No Expiration Date. Seotlon 147.030.R.C. ;8fa "ii�iir �1�814eP1054;v¢2 az aruneulek CounlY, � C''>.11dr_JO C.e,•�1�LCash$__. F.nanre Ci %cr, una •,d c„tent � a i5,;:o uce to ac -... ui cr:gmai. ❑Oocurruntc:-.dins sccSr^'c-'oyoapina' RECEIVED InsWrasn. tnatcsnoW.o rc;;,;acN cr w^; ,,q E NORTH CAROLINA GENERAL WARRANTY DEED DEC 02 2W1 STATE OFOHIO DCM WILMINGTON, NC COUNTY OF HAMILTON'A p �, eprtrfd I>tr. KArT t17F. ttU�G«{ FS�- f THIS ,ED is made this /G flay of Much, 2008, by and between KENDALL H. SUH and EUNJIN H. SUH, parties of the first part, hereinafter referred to as Grantors, and EUNJIN HAN SUH, Trustee of The Eunjin Han Sub Revocable Trust dated March 12, 2008, party of the second part, hereinafter referred to as Grantee of P.O. Box 5189. Ocean Isle Beach, North Carolina, 28469. THAT Grantors, for valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto Grantee, her heirs and assigns, in fee simple, all that certain lot or parcel situated in City of Ocean Isle Beach, Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows: BEING all of Lot 56, and the Northern 2.80' of Lot 55, Canal 3, Section A&B, Ocean Isle Beach, according to a map entitled, "An Addition to Ocean Isle Beach, Section A&B," prepared by Jan K. Dale, Registered Land Surveyor, dated September 10, 1976. This map being duly recorded in Cabinet 11, Page 374, in the Office of the Register of Deeds for Brunswick County, North Carolina. This conveyance is made subject to those certain restrictions as recorded in Deed Book 676, Page 113, of the Brunswick County Registry. For back reference see deed Book 1515 at Page 749, Brunswick Registry TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to Grantee in fee simple. AND the Grantors do hereby covenant with Grantee, that Grantors are seized of the premises in fee simple, that they have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantors will warrant IIIIIIIIIIIIII�IIIIIIIIIII1IIIIIIIIII l2814,?i Y' Paps 1 of 2 P ess�r"�a"mt>aLL�`ryy��f OD ct oCg��u�. 12DOWP9Gl'1 - nu RECEIVED NORTH CAROLINA GENERAL WARRANTY DEED DEC 0 2 2021 STATE OF OHIO C UNTY OF HAMILTON I DCM WILMINGTON, NC �Iip d ��/, Ka=.r�.��Ic+�l&Z fHIS DEED is made this I_Z_ day oP March, 2008, by and between KENDALL H. SUH, party of the first part, hereinafter referred to as Grantor, and KENDALL HYUNSUK SUH, Trustee of The Kendall Hyunsuk Sub Revocable Trust dated March 12, 2008, party of the second part, hereinafter referred to as Grantee of P.O. Box 5189, Ocean Isle Beach, North Carolina, 28469. THAT Grantor, for valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee, his heirs and assigns, in fee simple, all that certain lot or parcel situated in City of Ocean Isle Beach, Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows: BEGINNING at a stake on the southern edge of First Street, a common corner of Lots 13 and 14, and running thence with the division line between Lots 13 and 14 in the southerly direction 150 feet to a stake; thence in an easterly direction and parallel with First Street 75 feet to a stake; thence in a northerly direction and parallel with the first line described 150 feet to a stake on the southern edge of First Street; thence in a westerly direction with the southern edge of First Street 75 feet to the BEGINNING, and being all of Lot 13 and the western half of Lot 12, Block 5. Section B. Ocean Isle Beach, according to a map of the same which is duly recorded in Map Book 3 at Page 179 and 179A in the Office of the Register of Deeds for Brunswick County, North Carolina. This properly is subject to restrictive covenants set out in the deed recorded in Book 146 at Page 560, Brunswick County Registry. For back reference see Book 1120 at Page 112, Brunswick County Registry. ��JJ���J�l�lr B2614d.' Page 2' zZ a3 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereunto belonging to Grantee in fee simple. AND the Grantor does hereby covenant with Grantee, that Grantor is seized of the premises in fee simple, that he has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the following exceptions: Utility easements of record Restrictive covenants of record IN WITNESS WHEREOF, the Grantor has hereunto set his hand the day and year first above written. RECEIVED W nes��`Vs KENDAL H. SUH G� DEC 0 2 2021 Witness DCM WILMINGTON, NC STATE OF OHIO COUNTY OF HAMILTON 1, a Notary Public of the County and State aforesaid, certify that KENDALL H. SUH, Grantor, personally appeared before me this day and I have personal knowledge of the identity of the Grantor and the Grantor acknowledged the execution of the foregoing instrument. WITNESS my hand and official stamp this � day of March, 2008. Notary Public KAREN A. ROLCIK Attorney at Law Notary Public, Slate of Ohio My Comlobaion Res No EP10110n Date. Secton 147.03 O.R.C. ♦,rye yg '. n. ... •. � 1. ' i$ �� , Y r ?` ip i` i 5,�., �/�.�4 '..-E�t,.SAOp SenSt'�✓.rr � 1 ��n 5 ,}!' " S' �lS jtLtYr , a i �M, CL .�:UUCK,p0ND }ZP 5W ,`�, . "t7 .`S��t' t•yi5.a• � t'tStf � ��. 0 A."97 AA8 Nvo 3.LiNM 'f ¢ v` it its '��� ,y@WP'p�� t'i„cf�s .ot, i�ingSr.c 10 'ZA t t} �•(t i�� tiy,L „tiL y�{t'tSti,y ,. } f 4 "i• : ^- i V l Y 4 ,�.,� 11, i SA T(1Ott })J r}yff � # (r i'� 1� y���`r�' 11 y 'J � ( r 1~i ... � �'3 t.#' 1 S.tJ•..^��'sl�ii,. }il' � � . 4:"11 , cJiS- � SW 4 s;. jit s , fritS G 1 YpAs'�'(��irus�'�r,�'u,� i,-'j171t.,. j4s'+L+K?, } u t4 n. ........ etl rji S C 0 y Q) L) a), N(070N (n O y 3 0 (60Cycu .. C� (5 C C(o YLOm`aZw RECEIVED DEC 0 2 2021 DCM WILMINGTON, NC N OI Investment Properties, LLC Existing Structures �= Water Depths Relative to NLW o iu 0= Slip Numbers �— Man-made Canals o s �`{ setbacK Existing A i 18' x 18' m I 3.5' 3.5' o Bo tlift Existing 6' x 51 I z.5' 1T 30' l_t ExistingT Bulkhead-1 ulkhead L Obern Bailey Pigg ^P 49 Moore Street Kendall Suh Ocean Isle Beach P P 50 Moore Street L L Ocean Isle Beach 0 O r (D U r (D .. Alvin & Linda Hyatt 48 Moore Street Ocean Isle Beach M O 3� D(D Center Line OI Investment Properties, LLC RECEIVED DEC 0 Z 2N Existinq DCM WILMINGTON, NO Existing 1/4 Width Boatiift --------- -- o ater o y to 198, - HW o� Existing = Bulkhead dr Edward & Ann Miller mm 49 Cumberland Street 0 46—— Ocean Isle Beach �I Kendall Suh 50 Moore Street Ocean Isle Beach Brunswick County Drawn By: Debbie Wilson Scale: 1" = 30' Sheet 2 of 4 11/8/21 n m d 1 1 N d OI Investment Properties, LLC 0 = Proposed Structures Q = Slip Numbers Obern Bailey Pigg 49 Moore Street Ocean Isle Beach r PrODosted Structures F-- Man-made Canal—� C c.r.t.\ U i `1 D" m w I Center Line of U —31 Setback Existing p I Proposed 18' x 18' x 35' Bo tlift 1/4 Width - -�- 45' I Floating -Dock o ater O x 50' 30' NHV, 10' , Existingl' p s Bulkhead _ ^ Kendall Suh 50 Moore Street Existing P u `k t� P Ocean Isle Beach <-i Q s:.. a I (D Alvin & Linda Hyatt 48 Moore Street 4 ' Ocean Isle Beach i W C F _ a 198 N I OI Investment Properties, LLC RECEIVED DEC 0 2 2021 DCM W11-MING7pPi, NC Existing Boatlift Existing (_ I m = Bulkhead g Edward & Ann Miller 49 Cumberland Street Ocean Isle Beach Kendall Suh 50 Moore Street Ocean Isle Beach Brunswick County Drawn By: Debbie Wilson Scale: 1" = 30' Sheet 3 of 4 11/8/21 NHW—. 4' NLW-, Contour Proposed 8'x35' Floating Dock X-Sections Proposed 6' x 10' Proposed Pier Ramp I i Existing Concrete Bulkhead Typical Floating Dock Proposed 12' x 12' Boatlift Proposed 6' x 10' 11 Pier NHW® 4 NLW— Bottom Contour Typical Boatlift 1 Existing Concrete Bulkhead RECEIVED] DEC 0 2 2021 DCM WILMINGTON, NC Kendall Suh 50 Moore Street Ocean Isle Beach Brunswick County Drawn By: Debbie Wilson Scale: 1" = 10' Sheet 4 of 4 11 /8/21 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Kendal! & Eunjin Suh COUNTY: Brunswick PROJECT NAME: SO Moore Street LOCATION OF PROJECT: SO Moore St, adj. to the AIWW in Canal #3, Ocean Isle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 12-8-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250#1896 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 12-23-21 END OF NOTICE DATE: 1-13-22 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 2-21-22 150 DAY DEADLINE: MAIL OUT DATE: 12-17-21 STATE DUE DATE: 1-13-22 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR— Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Wildlife Resources Commission DMF— Shellfish Section DMF— Habitat & Enhancement DNCR — Archives & History DNCR— Natural Heritage Program NCDOT NC Dept of Commerce NC Division of Coastal Management Major Permit Application Computer Sheet 6-7 ►.r l � Fee: $ .0 0 # CDAITS MHC cc Applicant: L n �� (_1 5Q, l -T,.�S�-� S�1) Agent/Contractor: I zbh C �`Sd 1 Project Site County: rV1 Staff: r l� `j District: Wilmington Project Name: lf"� ck- C a^s ` a Rover File: We River Basin:.,�(��, Initial date of application submittal: 2 - 2_-Z Date application "received as complete" in the Field office: Permit Authorization: LV7CAMA U Dredge & Fill UBoth SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes o I PNA: []Yes Oo Photos Taken: Yes ❑ No Setback Required (riparian): Yes ❑No Critical Habitat: ❑Yes No ❑Not Sue 15 foot waiver obtained: Yes ❑No Hazard N tification Returned: ❑Yes No SAV: ❑YesNo ❑Not Sure P Shell Bottom: ❑Yes FNo ❑ Not Temporary Impacts: Pes ❑No Sure Sandbags: ❑Yes [}�No El Not Sure Did the land use classification come Mitigation Required (optional): ( from county LUP: Yes []No [-]Yes PNO Moratorium Conditions: Environm ntal Assessment Done: Length of Shoreline: ❑Yes o ❑NA ❑Yes o ❑NA /!I///Descript(on: ?_0 0 FT Shellfish Area Designation: Project (code) Development Area: (code) Open -or- Closed (\J r O- SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) igh Quality Waters (HOW) ❑Outstanding Resource Waters (ORW) ETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicala) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ 111(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 I. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: ��� n.��..1-� 4��i 'ev6.'1S`O� Date: 1 2- Y Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 New Work Replace 2i Maint ❑ Y ❑ N New Work [P Maint ❑ eplace ❑ Y [$N S New Work [k] Replace 1 Maint ❑ ❑ Y N 1 2 New Work ❑ Replace ' Maint ❑ ❑ Y N New Work Repla Maint ❑ NYON New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work E FReplace 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 temp impacts) impact amount) temp impacts) amount) El Fill [I Both ❑ Other ® 70 L SF. 7 (Dredge s' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1.888.4RCOAST :: www.nccoastalmanaaement.net revised: 02/26/18 Recommendations for State Permit- Sub Private Dock Expansion The square footage of the proposed docking facility is calculated as follows: Shoreline length = 200 ft. x 8 sq. ft. =1,600 sq. ft. Proposed and Existing: Proposed: Floating Dock (Slip 4) = 8' x 20' =160 sq. ft. Floating Dock (Slip 1) = 8' x 35' = 280 sq. ft. Boatlift (Slip 3) = 12' x 12' =144 sq. ft. (Not Counted) Access Pier = 6' x 10' = 60 sq. ft. Access Pier = 6' x 10' = 60 sq. ft. Access Pier = 6' x 6' = 36 sq. ft. (Credit) Existing: Access Pier = 8' x 12' = 96 sq. ft. Boatlift (Slip 2) =18' x 18' = 324 sq. ft. (Not Counted) Total (proposed) = 560 sq. ft. Total including proposed = 656 sq. ft. The proposed development would expand docking space from 2 formalized slips to 4 formalized slips. The proposed docking facilities would not exceed the ''A width of their respective canals. Proposed Slip 1 would extend beyond the adjacent pier length to the west (49 Moore St.) but the adjacent docking facility measures less than 100' in length as measured from NHW. The application appears to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including those which dictate the maximum allowable platform area (the 8 square foot rule), the pier length rule, and the 15' riparian setback. As proposed, this office has no objections to the proposed project and any permit issued should include the standard permit conditions for docking facilities. 4 u U N M CO on v ar c a�i u O Y -a ` U o a v o o Ln z aj O U Z w m O U W E m m 4.1 % O o a N N L u .O U Z 00 ` O c 0 C c oj C = Y 2 0 c7 L v � o 0 v= E a Z � v a 8 0 r �e = N v m v Y iv o a v O N N o 'v Cl Major Permit Fee Schedule Project Name:3�\ l"r`�� I,_ Qo�IC County:U�(�A S"c�_ Check No & Amount: o-c Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling o $250 100% ($250) 0% ($0) excavation of any wetland r open It. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C,pr D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: Cam Luck County: VV1MVV C--1VIIAIIL�UI01 Circle o e: Bio Repo Permit for: Oversize ans sent: Permit #: ,Iv1 "/V�VI DCM Offices: Morehead City: PT (if oversize) via Courier *cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet_ *MHC documents (Cam & Amanda Wilmington: Original hard -copy ONLY USACE & DWR (wino): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington:,10z44fflFTPenc1er & Carteret Cc): PN, CL, Reports, Split Sheet _ use both ilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet eg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: Aolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet Hider-401 (PN/ON): PN, CL, Reports, Split Sheet_ John Perry on all (training) — 401: PN, CL, Reports, Split Sheet Div of Water Resources: V&ri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: Vrn Harding _ DCM PlannerlWiRO: „F/hke Christenbury Cultural Resources: leenee Gledhill -Earley Environmental.Review(a7.ncdenr.gov Natural Heritage Prog. ..Roo�dney Butler_ DCA-Rural Eco. Dev: Uark Ziegler _ NC DOT: 'avid Harris Wildlife Resources: varia Dunn w/Reports State Property Office: Walton: DEED �Ie Moser _ .,Wands Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: 34my Humphrey (Bio) / _ ron Gupton, Admin DEMLR: ✓C ristine Hall - Stormwater Section _ .an Sams - Land Quality Section — Public Water Supply: /1eidi Cox City of Wilmington: Enforcement: Field 1Rep: �"// Co. LPO f '� ' "n" Agent: DISTRIBUTED: Major Permit Fee Schedule n f Project Name: SJ�\ 1"��` `) (lc-c l�. County: + V✓ 7 t - / Check No & Amount: ( p f� i to -4 -Z.sv °` DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling o $250 100% ($250) 0% ($0) excavation of any wetlan r open water areas- f 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 i acre of wetlands and/or open water areas, determine if A.B. Q,-or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling " and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00069 County: Brunswick County U.S.G.S. Quad: Shallotte GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Kendall & Eunjin Suh Address: PO Box 5189 Ocean Isle Beach, NC 28469 Size (acres) Nearest Town Ocean Isle Beach Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.896825; Longitude: -78.419302 Location description: The docks will be located in man-made canals connected to the AIWW at 50 Moore Street, Ocean Isle Beach, Brunswick County, North Carolina. Description of projects area and activity: The proposal is to expand from 2 to 4 individual docking facilities for a total of 4 formalized slips within the Ocean Isle Beach canal system. Starting on the southeast side of the property, the proposal is to replace the existing 8' x 20' floating dock with a new 8' x 20' floating dock in the same footprint in Canal #3. Moving north along the property, the proposal is to install a 6' x 10' access pier leading to a new 12' x 12' open boatlift, also in Canal #3. To the northwest on Canal #19, a 6' x 10' access pier leading down a gangway to an 8' x 35' floating dock is proposed. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344); Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information and drawings dated November 8, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless discretionary authority has been exercised on a case- by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or Gregory.E.Currey@usace.army.mil. Corps Regulatory Official: ___________________________ Date: August 9, 2022 Expiration Date of Verification: December 31, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: Debbie Wilson (Debbie Wilson Consulting) Brendan Brock (NC DCM) Cameron Luck (NC DCM) Holley Snider (NC DWR) Action ID Number: SAW-2022-00069 County: Brunswick County Permittee: Kendall & Eunjin Suh Project Name: 50 Moore Street / Ocean Isle Beach / Brunswick / Kendall Suh Date Verification Issued: August 9, 2022 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. _______________________________________ ______________________ Signature of Permittee Date DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 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: SAWWeb-NAV@usace.army.mil. 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: (919) 856-4520 (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 (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. 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: ~-------;? rt---ffr--.-/A ___ - ,,/ ~ . ,, _/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.