42-22 Warren, Kyle

Permit Class Permit Number
NEW 42-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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

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

Issued to Kyle Warren, 1324 Final Landing Road, Wilmington, NC 28411
Authorizing development in New Hanover County at adj. to AIWW, at 1324 Final Landing Road,
Wilmington , as requested in the permittee’s application dated 12/8/21,
including work plan drawings (5) Sheets 1-3 of 5 dated 12/8/21, and Sheets 4-5 of 5 dated 1/6/22
This permit, issued on April 26, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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

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

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

All work must cease when the permit expires on

December 31, 2025

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

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

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) This permit authorizes only the docks, piers, gazebo, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.

2) This permit authorizes a maximum of 4 formalized boat slips.

(See attached sheets for Additional Conditions)

Kyle Warren Permit No. 42-22
Page 2 of 4
ADDITIONAL CONDITIONS

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) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.

5) The authorized pier spanning the navigable shore parallel slough shall provide a minimum vertical
navigational clearance of 6 feet, as measured from the normal high-water level to the lowest portion of the
pier structure. The authorized pier shall provide a minimum horizontal navigational clearance of 10 feet.

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) The authorized gazebo shall be single story and shall not be designed to allow for second story use.

8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.

9) 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.

10) 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.

Bulkhead

11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.

12) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.

13) The bulkhead shall be constructed prior to any backfilling activities.

14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.

Kyle Warren Permit No. 42-22
Page 3 of 4
ADDITIONAL CONDITIONS

15) This permit does not authorize any excavation waterward of the approved alignment.

16) The fill material shall be clean and free of any pollutants except in trace quantities.

17) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

18) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.

19) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative
of the Division of Coastal Management within a maximum of 30 days prior to the start of construction.
Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions,
shall require the alignment to be re-staked by permittee and verified by DCM within a maximum of 30
days prior to the new expected start of construction.

Sedimentation and Erosion Control

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

21) 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.

22) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.

General

23) 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.

24) 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.

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

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

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4698 and assigned the project DWR Project No. 20220056.

Kyle Warren Permit No. 42-22
Page 4 of 4
ADDITIONAL CONDITIONS

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

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

1,
4
3.
4,
5,
6.
7.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Kyle Warren, c/o Andy Dortch (Land Management Group)
LOCATION OF PROJECT SITE: 1324 Final Landing Lane, adjacent to Middle Sound and AIWW, Wilmington,
New Hanover County.
Latitude: 340 16' 33.77" N, Longitude: 770 45' 35.46" W
INVESTIGATION TYPE: CAMA 1 D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit—12117/2021 Was Applicant Present — No
PROCESSING PROCEDURE: Application Received—12/13/2021 (initial) 1/6/2022 (complete)
Office — Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — New Hanover County
Land Classification From LUP — Conservation
(B) AEC(s) Involved: ES, EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Septic Planned — NA
(F) Type of Structures:
Existing —
Planned — A bulkhead, private 4 slip docking facility, boatlifts, and floating jet ski platform.
(G) Estimated Annual Rate of Erosion; NIA Source - NIA
HABITAT DESCRIPTION:
[AREA]
❑RFDGFQ Fn i Pn nTWP:D
(A) Vegetated Wetlands (shading impact)
- -- ---
v 1 1 tLl
—582 ft2
(shaded)
(8) Non -Vegetated Wetlands (Open water)
—4,661 ft2
(incorporated)
(C) Other — High Ground
490 ft2
(bulkhead)
(D) Total Area Disturbed: 5,733 ft2 ( 0.131 acres
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: No
PROJECT SUMMARY: The applicant proposes to construct a bulkhead landward of coastal wetlands and a new
4 slip docking facility that includes 4 boatlifts a gazebo and a floating jet ski platform.

1324 Final Landing Lane, Warren, Kyle
Page Two
9. PROJECT DESCRIPTION
The project site is located at 1324 Final Landing Lane in Wilmington, adjacent to Middle Sound and the Atlantic
Intracoastal Waterway (AIWW), in New Hanover County. The property is accessed by heading north toward
Porters Neck on Market Street (Hwy 17), Turn right onto Porters Neck Road and travel approximately 0.9 miles
to the traffic circle and take your first exit onto Edgewater Club Road. Travel approximately 1.3 miles on Edgewater
Club Road and take a slight left into Final Landing Lane after the sharp left curve. Travel approximately 480' and
turn right onto a dirt road that services 1318, 1320, and 1322 Final Landing Lane. The subject property is at the
end of the road.
The 1.82 acre property is adjacent to Middle Sound and the AIWW near the mouth of Little Creek in the Porters
Neck area of New Hanover County. The parcel has culverted access across a drainage feature to an existing
single-family residence on pilings. The adjacent properties are also single-family homes. Elevation ranges from
approximately 0-15' above normal high water (NHW) with upland vegetation primarily consisting of natural coastal
shrub/scrub species. The parcel has approximately 118' of shoreline that descends from the highground quickly
into a narrow band of high marsh with vegetation including sea oxeye (Borrichia frutescens) and spike grass
(Distichlis spicata) and then gives way to low marsh dominated by saltmarsh cord grass (Spartina altemaflora). A
drainage feature runs along the north side of the residence where it meets a small tidal cove surrounded by coastal
wetlands with the exception of a narrow shell/sand highground spit between the cove and the AIWW. The cove
is able to exchange water during high tide through a narrow opening in coastal wetlands to the adjacent Little
Creek.
State Permit 76-95 was issued on June 12, 1995 authorizing §404 wetland fill in association with the construction
of the house. State Permit 76-95 expired on December 31, 1998. There is no existing docking facility or other
water dependent development on the parcel. The adjacent property to the north, 1330 Final Landing Lane was
issued State Permit 42-18 on May 10, 2018 for a docking facility and excavation under the proposed slips, through
the mouth of Little Creek, and out to the AIWW federally maintained channel. The existing cove in front of the
applicant's property drains to this maintained channel. No other permit history was found.
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at
the property as Conservation, The waters of the AIWW and Middle Sound in the vicinity of the project area are
classified SA-ORW by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA)
by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to construct a bulkhead landward of coastal wetlands and a new 4 slip docking facility that
includes 4 boatlifts a gazebo and a floating jet ski platform. The applicant proposes to install a 490' bulkhead 1'
landward of §404 and coastal wetlands. The proposed bulkhead would run from the southern property boundary
north along the AIWW and then wrap back toward the west around the home along the drainage area to the
culvert. Bulkhead stabilization is proposed for both sides of the culverted driveway. Additionally, the applicant
proposes to construct a docking facility that would pier over the cove to reach the AIWW. The docking facility
would include a 6' by 500' fixed pier with a terminal 12' by 12' gazebo positioned on the south side of the fixed
pier (see Sheet 3 of 5). To accommodate navigation and use of Public Trust waters the fixed pier would have a
10' section elevated 6' above NHW within the cove to allow access. Additionally, the applicant proposes access
stairs from the fixed pier to the narrow highground sand/shell spit between the cove and the AIWW. Approximately
97' of the fixed pier would be over coastal wetlands including wetland areas surrounding the cove. The access
pier would extend approximately 211' below NHW, as measured from the NHW line adjacent to the AIWW. A

1324 Final Landing Lane, Warren, Kyle
Page Three
ramp would extend waterward from the fixed pier onto the U-shaped floating dock. The U-shaped docks would
include a 6' by 24' floating finger pier in -line with the fixed pier positioned perpendicular to the shoreline, connected
to an 8' by 42' floating dock extending north, positioned parallel with the shoreline, connected to another 8' by 24'
floating finger pier perpendicular to the shoreline. The applicant proposes to install four (4) 13' by 13' boatlifts,
two (2) lifts would be on the inside of the U-shaped floating docks and two (2) positioned on the outside of each
floating finger pier. Additionally, a 13' by 13' jet ski float is proposed to be located on the landward side of the 8'
by 42' floating dock (see Sheet 3 of 5). The water depths measured by DCM during the December 17th site visit
are consistent with the depths shown on Sheet 4 of 5. The docking facility adheres to the eight square -foot rule
and would extend approximately 190' into the 760' wide waterbody meeting the % width rule as shown on Sheet
1 of 5. The proposed structures would not encroach into either adjacent 15' riparian corridor setback. During the
May 24th, 2021, onsite scoping meeting with the NC Division of Water Resources and the agent no areas of
submerged aquatic vegetation (SAV) were noted, a few living dams were identified but no extensive shellfish beds
were identified in the project area.
10. ANTICIPATED IMPACTS
The project area consists of Estuarine Waters, Coastal Wetlands, Estuarine Shoreline, and high ground impacts.
As proposed, the new bulkhead would permanently impact 490 ft2 of high ground. The new docking facility
would result in the incorporation of approximately 4,661 ft2 of Public Trust Area and Estuarine Waters and
shading of approximately 592 ft2 of Coastal Wetlands. There would be no encroachment of the15' riparian
setback, pier headline, or % width. Water depths in the ORW area proposed for floating structures and
boatlifts would be shallower than -2 NLW, requiring written concurrence from the Division or Water
Resources. There appear to be no SAV present in the project area. Minor increases in turbidity should be
expected during project construction,
Submitted by: Katharine Elks Date: January 7, 2022 Office: Wilmington

4. DCM MP-1 Section 6.0 Additionai information
4.1 Section 6. a. Project Narrative
4.1.1 Project Location and Existing Conditions
The project is adjacent to the Intracoastal Waterway at 1324 Final Landing Lane near the Figure 8 Island Bridge,
New Hanover County. There is a single-family residence currently located on the property. There are no piers
or docking facilities currently located on the property. Permit number 42-18 was issued to adjacent landowner
Dennis Duke on May 10, 2018. The adjacent permit authorized a 4-slip docking facility with basin and channel
dredging to 4 below normal water level. Onsite Normal High Water and Coastal Wetland lines were
determined by LMG and approved by DCM on January 22, 20201. Outer edge of marsh line was determined
through aerial photography by Land Management Group. See Appendix A for details. Waters in the project
area are classified as SA ORW and are open to shellfishing. The area is not a primary nursery area.
4.1.2 Proposed Action
Installation of an —490' bulkhead is proposed 1' outside the coastal / 404 wetland line. The bulkhead will be 1'
wide and composed of vinyl naval style sheet pile. There is no additional upland work proposed on the
property. After meeting with DCM and DWR staff on May 24, 2021, the originally proposed floating dock
fingers were reduced from 53' long to 48' long to minimize the dredge footprint. Due to insufficient water
depths at the proposed floating dock and access channel, dredging to -4' MLW was proposed at least 10' away
from Coastal Wetlands. After meeting with DCM and DWR staff on May 24, 2021, the proposed basin and
access channel dredging area was reduced from —9,670 square feet to —7,779 square feet (-70' x —100' basin =
7,000 sq ft and —12' x —90' access channel = 1,080 sq ft). After receiving comments from DMF and NC Wildlife
Resources Commission on October 15, 2021 regarding the placement of floating docks and dredge area, the
proposed docking facility was moved from the cove toward the Intracoastal Waterway channel consistent with
agency requests. The applicant now proposes installation of a 500' long by 6' wide fixed pier with access stairs
to the upland portion of the peninsula. A 10' portion of the fixed pier will be elevated 6' above NHW over the
cove area to maintain public access. Attached to the southern terminus of the fixed pier is a proposed 12' x
12' covered gazebo. A floating pier is proposed measuring 8' wide x 42' long with a 8' wide x 24' long finger
pier and a 6' wide x 24' long finger pier. Also proposed is a 13' x 13' floating jet ski lift on the western side of
the floating dock. Due to sufficient water depths at the floating dock, dredging is not proposed. See Appendix
A for details.
The 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.
Application for Major Development Permit —Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina
RF_CF_1VF_ }
DEC 17 C ULI
WILMINGTON, NC
12

1. Form DCM-M P-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAr.F-M1=ntT
2. Agent/Contractor Information
Business Name
Land Management Group
Agent/ Contractor 1: First Name
MI
Last Name
Andy
n/a
Dortch
Agent/ Contractor 2: First Name
MI
Last Name
Greg
n/a
Finch
Mailing Address
PO Box City State
3805 Wrightsville Avenue, Suite 15
n/a Wilmington NC
�2840�3����
Phone No. 1
Phone No. 2
910-452-0001
ext. n/a n/a ext. n/a
FAX No.
Contractor #
910-452-0060
n/a
Street Address (if different from above)
city State ZEP
NA
Email
adortch(@Imgroun.net, finch Im rou .net
Application for Major Development Permit — Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina DEC 15 M21 �
DCM WILMINGTON, NC

3. Project Location
County (can be multiple) Street Address State Rd. #
New Hanover 1324 Final Landing Lane n/a
Subdivision Name City State Zip
n/a Wilmington NC 28411
Phone No. Lot No.(s) (ifmany, attach additional page with list)
nla NA
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
White Oak AJWW
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
❑Natural ®Manmade ❑Unknown AIWW
e Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No work falls within.
New Hanover County
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sg.ft.)
118' @a NHW 1.82 +/- acres
C. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
n/a NWL (normal water level)
(If many lot sizes, please attach additional page with a list) 0-15, ®NHW or ❑NWL
e. Vegetation on tract
Typical coastal shrubs, trees, and grasses exist on the tract.
f. Man-made features and uses now on tract
There is a single-family residence located on the tract. There are no piers or docking facilities located on the property.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Coastal Marsh, Residential homes and docking facilities.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
R-20S (Attach zoning compliance certificate, if applicable)
®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?
1. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA
Register listed or eligible property?
RECEIVO
DEC 15 M21
Application for Major Development Permit— Rev December 2021 DCM WILMINGTON, NC
1324 Final Landing Lane
Wilmington, New Hanover Courity, North Carolina

m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(i ii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available) NHWAND COASTAL WETLAND LINES DELINEATED
BY LMG AND APPROVED BY DCM ON JANUARY 22, 2021. OUTER EDGE OF MARSH
LINES WERE DETERMINED THROUGH AERIAL PHOTOGRAPHY.
n. Describe existing wastewater treatment facilities.
Septic
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management of treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliciGovernment
®PrivatelCommunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The applicant proposes installation of a bulkhead, installation of a fixed pier with access stairs and covered gazebo, floating
docks and boatlifts with a floating jet ski lift. The purpose of the project is to stabilize uplands and provide waterway access to
the residential property.
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 bulkhead, pier and dock construction methods and equipment will be used. Equipment will be stored on site, if needed.
d. List all development activities you propose.
Installation of an —490' bulkhead is proposed 1' outside the coastal 1404 wetland line. The bulkhead will be 1' wide and
composed of vinyl naval style sheet pile. There is no additional upland work proposed on the property_ After meeting with
DCM and DWR staff on May 24, 2021, the originally proposed floating dock fingers were reduced from 53' long to 48' long to
minimize the dredge footprint. Due to insufficient water depths at the proposed floating dock and access channel, dredging to
-4' MLW was proposed at least 10' away from Coastal Wetlands. After meeting with DCM and DWR staff on May 24, 2021,
the proposed basin and access channel dredging area was reduced from —9,670 square feet to —7,779 square feet (-70' x
—100' basin = 7,000 sq ft and —12' x —90' access channel = 1,080 sq ft). After receiving comments from DMF and NC Wildlife
Resources Commission on October 15, 2021 regarding the placement of floating docks and dredge area, the proposed docking
facility was moved from the cove toward the Intracoastal Waterway channel consistent with agency requests. The applicant
now proposes installation of a 500' long by 6' wide fixed pier with access stairs to the upland portion of the peninsula. A 10'
portion of the fixed pier will be elevated 6' above NHW over the cove area to maintain public access. Attached to the southern
terminus of the fixed pier is a proposed 12' x 12' covered gazebo. A floating pier is proposed measuring 8' wide x 42' long with
a 8' wide x 24' long finger pier and a 6' wide x 24' long finger pier. Also proposed is a 13' x 13' floating jet ski lift on the western
side of the floating dock. Due to sufficient water depths at the floating dock, dredging is not proposed. See Appendix A for
details.
e. Are the proposed activities maintenance of an existing project, new work, or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? —490 ®Sq_Ft or ❑Acres
bulkhead installation
g. Will the proposed project encroach on any public easement, publicfessway.rher area�EjYes❑NA
that the public has established use of?
RECEIVED
Application for Major Development Permit — Rev December 2021 D 9 ,0L' 1
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 3

1. Will wastewater or stormwater be discharged into a wetland? -No new discharges
If yes, will this discharged water be of the same salinity as the receiving water?
j. Is there any mitigation proposed?
If yes, attach a mitigation proposal.
®No DNA
❑Yes ONO ®NA
Dyes ®No DNA
6. Additional Information
in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for fhe application
package to be complete. Items (a) — (tf are always applicable to any major development application. Please consult the application instruction
booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name DUKE DENNIS CAROLYN Phone No. NA
Address 1330 FINAL LANDING LANE; WILMINGTQN NC 28411
Name HARREN JAMES C JACQUENINE B Phone No. NA
Address 1457 EDGEWATER CLUB DR, WILMINGTON NC 28411
Name Phone No. NA
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
nla
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEG 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.
RECEIVED
DEC 15 L"o21
D M T
Application for Major Development Permit — Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina 4

7. Certification and Permission to Enter on Land
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.
Rev Date: December 8, 2021 Print Name: Andy Dortch, AgentLand Management Group
Please indicate application attachments pertaining to your proposed project.
19DCM MP-2 Excavation and Pill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
Application for Major Development Permit — Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina
(RECEIVED
DEC 15 2021
DCM WILMINGTON, NC
5

2. Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Access
Channel Boat Boat Rock Rock Other (excluding
(NLW or Canal Basin Ramp Groin Breakwater shoreline
NWL] stabilization)
Length
Width
Avg. Existing N
Depth A NA
Final Project N
Depth A NA
9. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i) Does the area to be excavated include coastal wetlandsimarsh d. High -ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL}? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of the excavation in these areas:
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
a (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. 0) Does the disposal area include any coastal wetlands/marsh
(CM, submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (VVL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(4) Describe the purpose of disposal in these areas:
Application for Major Development Permit — Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(4) If yes, where?
(i) Does the disposal include any area in the water?
❑Yes ❑No ❑NA
00 If yes, how much water area is affected?
RECEIVED
DEC 15 _7.J21
DCM WILMINGTON, NC
6

3. SHORELINE STABILIZATION
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization:
NBulkhead ❑Riprap ❑BreakwaterlSill ❑Other:
G. Average distance waterward of NHW or NWL: 0'. Bulkhead to be
faced V above coastal 1404 wetland line as seen in appendix A.
❑This section not applicable
b. Length: —490'
Width: 1'
d. Maximum distance watenxard of NHW or NWL: 0'. Bulkhead to be
laced 1' above coastal 1404 wetland line as seen in appendix A.
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 months?
Vinyl naval -style sheet Nle ❑Yes []No NNA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material. sand
Bulkhead backfill 0' Riprap 0'
Breakwater/Sill 0' Other 0'
i. Source of fill material. Backfill material - sand mine or other upland
source
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes []No
If yes,
(ii) Amount of material to be placed in the water _
(iii) Dimensions of fill area
(iv) Purpose of fill
S. GENERAL
®This section not applicable
NA b. (i) Will fill material be placed in 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 feet affected.
❑CW ❑SAV ❑SB
OWL [-]None
(ii) Describe the purpose of the fill in these areas:
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? Silt fence or alternate erosion control measures backhoe, or hydraulic dredge)? Backhoe or bulldozer, ical
bulkhead construction equipment
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes NNo ❑NA site? ❑Yes ®No ❑NA
00 If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
December 8, 2021
Rev Date
1324 Final Landing Lane
Project Name
Andy Dortch, Agent Land Management Group
Applican t Name
A4-4 DOI,"
Applicant Signature
Application for Major Development Permit— Rev December 2021�`�+,E�U��
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina �
DEC 15 ���1
DCM WILMINGTON, NC

3. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
9. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Govemment ❑Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number 2 proposed
(iii) Length 500' : 42'
(iv) Width 6_�8'
(v) Floating ®Yes NNo
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number 1 proposed covered gazebo
(iii) Length 12'
(iv) Width 12'
(v) Floating ❑Yes NNo
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
4
(ii) Number of slips existing
0
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 10' - 40'
m. (i) Will the facility have tie pilings?
❑Yes NNo
(ii) if yes num her of tie pilings?
Application for Major Development Permit — Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina
❑This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes NNo
d. (i) Are Finger Piers included? ®Yes ❑No
If yes:
0i) Number 2 proposed
(iii) Length 24' : 24'
(iv) Width 6' ; 8'
(v) Floating ®Yes [-]No
(i) Are Boatlifts included? NYes [-]No
If yes:
Oi) Number 4 proposed
(iii) Length 13'
(iv) Width 13'
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:
N Other, please describe: 4 Proposed boatlitts 1 Proposed 13' x
13' floating let ski lift
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
Open runabout and sportfishing vessels
Will the facility be open to the general public?
❑Yes NNo
RECEIVED
DEC 15 L472`
AGM WILMINGTON, NC
8

2. DOCKING FACILITY/MARINA OPERATIONS
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number:
❑ 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.
®This section not applicable
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑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 leaseholder(s), and give the proximity to the lease.
RECEIVED
DEC 15 U21
IR
NC
Application for Major Development Permit — Rev December 2021 '
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina 9

1 3. BOATHOUSE (including covered lifts) S This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑PrivatelCommunity
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpilo, etc. If a rock groin, use MP-2, Excavation and Fill.)
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.)
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑PubliciGovernment ❑PrivatelCommunity
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Arc of the swing
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
16' South; 15' North
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
C. Width of water body
--760'
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. NIA
Application for Major Development Permit - Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina
®This section not applicable
®This section not applicable
b. Average distance from NHW, NWI_, or wetlands
E This section not applicable
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
b. Proximity of structure(s) to adjacent docking facilities.
-30' South: -100' North
d. Water depth at waterward end of structure at NLW or NWL
-2.3' Below NLW
RECEIVED
DEC 15 M21
ACM WILMINQTQN, NG
10

S. OTHER
a. Give complete description:
December 8, 2021
Rea Date
1324 Final Landing Lane
Project Name
Andy Dortch, Agent Land Management Group
Applicant Name
A
Applicant Signature
® This section not applicable
RECEIVED
DEC 15 M21
DGM WILMINGTON, NO
Application for Major Development Permit — Rev December 2021
1324 Final Landing Lane
Wilmington, New Hanover County, North Carolina Zl

ROY COOPER
Covmwr
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Andy Dortch
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Dear Mr. Dortch:
NORTH CAROLINA
Environmental Quality
January 7, 2021
The Division of Coastal Management hereby acknowledges receipt of your updated revised application, as acting
agent for Kyle Warren, for State approval for development of the subject property located at 1324 Final Landing
Lane, adjacent to the Atlantic Intracoastal Waterway, in New Hanover County. It was received as complete on
January 6, 2022 and appears to be adequate for processing at this time. The projected deadline for making a
decision is March 22, 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 January 6, 2022, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designerlconsultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
V fA1*-
Katharine Elks
Field Representative
cc., Cameron Luck, DCM USAGE
John Perry, DWR Christine Bouffard, LPO
Kyle Warren, Applicant
i...1 North Caraina Department of Environmental Quality I division of Coastal Management
DW �'WilmingtonOrfece 1127 Cardinal DriveExtension [ WilmingtonNort1x Carorna 28405
910.795.7Z15

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ROY COOPER
Governor
ELIZABEM S. BISER
Secretary
BRAnON DAVIS
Director
January 7, 2021
GanLegPubNotices@gannett, com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Kyle Warren
NORTH CAROLINA
Environmental Quality
Hello: Please publish the attached Notice in the Thursday, January 13, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 9I0 796-7226
(Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Wilmington office.
cc: M14C Files
Cameron Luck — MHC
USACE
anya
Support & Customer Assistance
�a�m+torbiriom�m�m�1v V
North Carolina Department of Environmental Quality j Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On January 7, 2021, Kyle Warren proposed
to construct a bulkhead landward of Coastal Wetlands & add a new docking facility with four (4)
slips, four (4) boadifts, gazebo & floating jet ski platform at 1324 Final Landing Ln., adj. to Middle
Sound in Wilmington, New Hanover County. Copies of these applications can be examined or
copied at the office of Katherine Elks N.C. Dept. of Environmental Quality, Division of Coastal
Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796--7424 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 February 3, 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 rased on review & comment by the public and
state and federal agencies. Notice of the permit decision in these matters will be provided upon
written request.
D �.,. North Carolina Department of Environmental Quality I Di lon of Coastal Management
��Jn Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
�[rn raad�nu
910,796.72I5

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Kyle Warren
Mailing Address: PO BOX 11371
Wilmington NC 28404
Phone Number: 252-473-7014
Email Address: [e-mail]
I certify that I have authorized Land Management Group
Agent 1 Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: installation of fixed pier with
covered gazebo, floating docks and boat lift, dredging, bulkhead
at my property located at 1324 Final Landing Lane Wilmington NC 28411
in New Hanover
County.
1 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.
Property Owner Information:
�r & x6d ace ZW=Un t
Signature
Kyle Warren
Print or Type Name
Title
7 14 2021
1 t
Date
This certification is valid through 12 131 12022 RECEIVED
DEC 16 "321
DCM WILMINGTON, NC

LMG
LAND MANAGF.MFNT GROUP
a DAMP-4 company
December 8, 2021
DUKE DENNIS CAROLYN
1330 FINAL LANDING LANE
WILMINGTON, NC 28411
To Whom It May Concern:
Kyle Warren is applying for a CAMA Major Permit for development activity on the property located at 1324
Final Landing Lane, New Hanover County, North Carolina. The specifics of the proposed work are shown
in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings. Appendix 8 may be provided upon request. Should you have
any objections to this proposal, please send your written comments within 30 days of your receipt of this
notice to:
Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
adortch Im rou .net
Sincerely,
Andy Dortch, Agent
Land Management Group
Enclosures
RECEIVED
DEC 15 J?1
www.lmgroup.net • Phone: [phone] • Fax: 910.45��iVIINC-i•OI�1, N�
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28

LMG
LAND MANAGFMFNT GROUP
a DAVEVI company
December 8, 2021
HARREN JAMES C JACQUELINE B
1457 EDGEWATER CLUB DR
WILMINGTON, NC 28411
To Whom It May Concern:
Kyle Warren is applying for a CAMA Major Permit for development activity on the property located at 1324
Final Landing Lane, New Hanover County, North Carolina. The specifics of the proposed work are shown
in the attached permit application and drawings.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the
attached permit application and drawings. Appendix B may be provided upon request. Should you have
any objections to this proposal, please send your written comments within 30 days of your receipt of this
notice to:
Katharine Elks
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Comments will be considered by the NC Department of Coastal Management in reaching a final decision on
the application. No comment within 30 days of your receipt of this notice will be considered as no objection.
If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
[e-mail]
Sincerely,
Andy Dortch, Agent
Land Management Group
Enclosures
RECEIVED
DEC 15 ;_ "1
www.imoroup.net • Phone: [phone] . Fax: [phone]DCM WILMINGTON, NC
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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Permit Class
NEW
STATE OF NORTH CAROL,INA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
_2L Major Development in an. Area of Environmental Concern
pursuant to NCGS 113A-118
JL Excavation and/or filling pursuant to NCGS 113-229
Permit Number
42-18
Issued to Dennis Duke 225 S. Main Street Fu ua-Var-ina NC 27526
Authorizing development in New Hanover County adi to a canal off the AiW`W, at 1330 Final
Landing Road, )VilmingtQn , as requested in the permittee's application dated 1110117 - v'
(MP-2), I/9/l8 (MP-3 & MP-4), incL attch'd workplan dwgs (3), Dwg 3 of 5 dated 4/15117, & Dwgs 4-5 of 5 dated rev. 1/10/18.
This permit, issued on AUy 10 2018 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Dockine Facility
1) This permit authorizes only the docks, piers, 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 expanded 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) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
expanded docking facility. Any sewage discharge at the expanded docking facility 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.
(See attached streets 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, 2021
In issuing this permit, the State of North Carolina agrees that
Your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission_
yg 3
/V-- Braxton . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
RECEIVEb
Signature of Permittee

Dennis Duke
ADDITIONAL CONDITIONS
Permit No. 42-18
Page 2 of 4
3) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
4) The pennittee 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This permit authorizes a maximum of 4 formalized boat slips. Docking space on the landward side of the
floating dock is not authorized under this permit. Cleats shall not be installed on the landward side of the
northern floating dock.
6) The pier and associated structures shall have a minimurn setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
7) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
Excavation
9) Excavation shall not exceed -4' below the normal low water. In no case shall the depth of excavation
exceed the depth of connecting waters.
10) No vegetated wetlands shall be excavated or filled. No excavation shall take place within 10' of any
Coastal Wetlands.
11) The temporary placement of double handling of fill materials within waters or vegetated wetlands is not
authorized.
12) No excavation shall take place at any time outside of the alignment indicated on the attached workplan
drawings.
13) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded Coastal Wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any Coastal Wetlands or surrounding waters.
14) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities. RECEIVED
DEC 15 M21

Dennis Duke
ADDITIONAL CONDITIONS
Permit No. 42-18
Page 3 of 4
Maintenance Clause
15) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
maintenance worm authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the perrnittee's signature shown anew on the original plan.
U.S. Army CoER.s of Engineers Conditions
16) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall
implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements within. The guidelines can be found at:
hrt ://w��.v.fw,s. ov/nc-es/mamrnablmanatee Quidelines. f
17) In order to protect anadromous fish, no excavation or filling activities shall be permitted between April 1
and September 30 of any year without the prior approval of the U.S. Army Corps of Engineers.
18) 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, NC 28403-1343, email: SAWWeb-NAVnusace.arm .mil.
General
19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
20) 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.
21) This permit does lot authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised thgt.4,riyno7vsrater
dependent activities are not authorized within 30 feet of the normal high water level.
DEC 15 M1

Dennis Duke
ADDITIONAL CONDITIONS
Permit No. 42-18
Page 4 of 4
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Array Corps of Engineers assigned the proposed project Action ID No. SAW-2018-
00110.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 (DWR Project No. 2018-0124), which was issued on 3/12/18,
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
RIECIEIVED
DEC 15 2921
DGM WILMINGTON, NC

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Book 6433 page 2315
BK. RB 6433
PG. 2315-2317
NC FEE S2BM
RECORDED.
20210i717A
NEW HANOVER COUNTY,
04M7n02i
R - TATE
17:49:'F7 AM
TAMMY THEU8CH PrM
FXTX SIC6200
REGISTER OF DEEDS
81^ ANGELA EFIOELWi
DEPUTY
ELECTRONIcA_LY REOORDEO
Prepared by
& Rewn to: 1. C_ Hearne, II
Excise Tax: S 1062.00 Parcel Idontifter No.: R03719-002-020-400
If initialed, the property includes the primary residence of at Icast one of the Grantors,
othetwise note as NIA. (per A'C GS § 103-317,:)
Brief description for the index:
Lot 7, Edgewater
NORTH CAROLINA GENERAL WARRANTY DEED
n6
THIS DEED, made this �) day of March, 2021, by and behveen
GRANTOR GRANTEE
JASON RUEGG, KYLE MICHAELWARREN,
unmarried unmarried
Mailing Address: Property Address:
(AS2 ShinnwoW Rd. 1324 Final Landing Lane,
i�+iltni tozl, NC 28409 W ilmin Inn, NC 28411
The designation Grantor and Grantee as used herein Shall include said parties, their
heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or
neuter as required by context.
WITNESSETH:
NOW, THEREFORE Grantor, for a valuable consideration paid by the Grantcc, the
receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell
and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in
New Hanover County, North Carolina and tore particularly described as follows:
EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE.
The property hereinabove described was acquired by Grantor by instrument recorde,, ��
in Rook 6399 at Page(s) 914.
Submitted electronically by "J_c. Hearne, T1, Attorney at Law" DEC 15 M 21
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.
DCM WILMINGTON, NC

Hook 6433 Page 2316
If any, by acceptance of this Deed, Grantee shall be a member of the Owners
Association, and shall abide by all rules and regulations of the Association specifically
including payment of all assessments when clue. Failure to pay such dues may result in
liens being placed against the properly and could result in foreclosure.
TO HAVE ANTI) TO HOLD the aforesaid lot or parcel ofland and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises in
fee simple, has the right to convey the same in lee 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 except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following
exceptions:
1. Rights of Way and easements of record, if any.
2. Zoning and/or subdivision ordinances and regulations, if any.
3. Restrictive covenants of record, if anv.
4. Ad valorem taxes for 2021 and subsequent years.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or ifcoTporate.
has caused this instrument to be signed in its corporate name by its duly authorized officer by
authority of it'; Board of Directors, the day and year first above written.
(SEAL)
on Ruegg
STATE OF North Carolina
COUNTY OF New Hanover
1, a Notary Public of the County and State aforesaid. certify that Jason Ruegg. Grantor(s),
personally appeared before me this day and acknowledged the due execution of the foregoilig
instrument_
Witness my hand and official stamp or seal, this2Z ciav of March. 2021.
WCHELLE SULUVAN
Notary Public, North Carolina
New Hanover CounIy _
AAy Commission Expires r+ ` `I'
An
September 27, 2025 Sig-alure o/f ivniary Public
Notary's printed or typed name
(Official Seal) MY commission expires: 09/27/2025
RZV Safi'VED
DEDIS;�:i
ACM WiLUJIVGrp the

Hook 6433 Page 2317
"EXHIBIT A"
BEING all of Lots 7 including the marsh land or sound immediately m from said Lot 7 as shown on the
Clfficial map of Edgewater Subdivision, made by J.L. Button, Civil Engincxr, in July, 1926, and of recorded
in the Office of the Register of Deeds in and for New Hanover County, North Carolina, in Book of Map 2,
at page 16 to which map reference is herein made for a more particular description.
TOGETHER WITH a right of way over and through Lot 412 aS shown on plat; the said lot extending from
130 thirty foot road to a fresh water take.
TOGMER WrM easemml is favor of Lot 7 and over Lot 9 far the ptupase of inml6g a sewer line,
septic tank, and drain field and described more particular as follows., Beginning at a point in tht; northern
line of Lot 7, said point being located North 5C deg_ West 420 feet from the southeast corner of Lot S and
the northeast corner OfLot of 7, thence from said point, North 31 deg. East $ ] feet; thence North 60 deg. West
50 feel; tTrewm South 30 deg, West 25 feet; thence South 6C deg. East 40 feet; thence South 30 deg. West
56 feet to d e north line of Lor 7, tbcnoe with the ❑arlhern line South 60 deg. ERSE 10 feet to the point of
beguuting.
Less and except all thosaparcels of land conveyed in geed Book 3690, page 322; Boak4592, page 732;
and Book n60, Page 2305
1"he improvements thereon being commonly k»owa as 1324 Final Landing Road, Wilmington NC 28411.
Bcing the same tot or parcel ofground which by Deed dated February 14, 1995 and recorded arrrong the
Land Records of New Hanover County. Stele Of North Carolina, in Book 1855, page 373 was granted and
Conveyed by and between Jessie M. Pirter, unto Michael R. Piner and 3uife, Jean Piney.
Together with improvements located thereon; said property being located at 1324 Final Landing LN
Wilmington, NC 29411 North Carolina
RECE V Er)
DEC 15 R2)
ROM WILMINGTON, NC

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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Kyle Warren
COUNTY: New Hanover
PROJECT NAME: 1324 Final Landing Road
LOCATION OF PROJECT: 1324 Final Landing Road, adj. to Middle Sound/AIWW, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 1-6-22
FIELD RECOIVIlVIENDATION: Attached: Yes
To Be Forwarded: NIA
FIELD REPRESENTATIVE: Elk
DISTRICT OFFICE: WILNIlNGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
FEE REC'D: $400 (60/40)#2283
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 1-13-22
END OF NOTICE DATE: 2-3-22
ADJ. RIP. PROP NOTICES REC'D:
DEED REC'D: Yes
C) 75 DAY DEADLINE: 3-22-22
150 DAY DEADLINE:
HOLDS:
MAIL, OUT DATE: 1-7-22
STATE DUE DATE. 2-3-22
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
DW -- Habitat & Enhancement
DNCR — Archives & History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: �
Fee: $ # 71-q ✓
CDAITS MHC cc
Applicant:
AgendContractor:
Project Site County: tw
� �� e
Staff:VLF
District: Wilmington
Project Name: V avv yam.\
6POcfrtGt
Rover File: n/a
River Basin:
Initial date of application submittal:
i
Date application "received as complete" in the Field office:
Permit Authorization. CAMA ❑ Dredge & Fill ❑Both
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: Yes ❑No
PNA: ❑Yes XNc.
Photos Taken: Yes Z No
Setback Required (riparian): 2Yes [-]No
Critical Habitat: ❑Yes No ❑Not Sure
15 foot waiver obtained: ❑Yes [XNo
Hazard Notification Returned:
❑Yes [ANo
SAV: ❑Yes ❑No [Not Sure
Shell Bottom: ❑Yes ❑No [A Not
Temporary Impacts: ❑Yes XNo
Sure
Sandbags.: ❑Yes NNo ❑ Not Sure
; Did the {and use classification come
Mitigation Required (optional):
from county LUP:Xes ❑No
❑Yes 7No
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
[]Yes %o DNA
❑Yes �LVo DNA
/ FT
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
open -or- Closed
i
5,433 S-P-10 ,
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) 1
❑ High Quality Waters (HQW).outstanding Resource Waters (ORW)
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limenium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense) i(SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
aterniflora) <; GC_Jk
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three sq are (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata) sp.}
❑ (JR) Black needlerush (Juncus
❑ (SP) Saltimeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ 11I(A) Private w/ D&F up to 1 acre; 3490
❑ Ili(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 LAMA Major
ElIV Any development involving D&F of
permit - $100
I permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ O&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
III(C) Priv. public or comm w ID&F to 1
cre; 4144 can be applied; DCM needs
DWQ agreement - $400

Applicant:
Date:
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
i
One
I
New Work
Replace
Maint ❑
❑ Y VN
{�
New Work
Replace
F
Maint ❑
❑ Y l N
QQ'q
New Work [
Replace
Maint ❑
❑ Y
New Work y
Maint ❑
Replace
El [ N
All
j
New Work ['
Replace
Maint ❑
❑ Y IN
New Work [
Maint ❑
Replace
❑ Y [4 N
f}t�
�j
New Work [
Replace
r
Maint ❑
❑ Y X N
_
New Work
Replace l I
r
—� _�
Maint ❑
Y N } 1r
❑ IN
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq_ Ft. FINAL Sq. Ft. I TOTAL Feet i FINAL Feet
(Applied for. (Anticipated final (Applied for. (Anticipated final
DI T TYP Disturbance total I disturbance Disturbance disturbance
Habitat Name
Choose se OneE
includes any I
anticipated
restoration or
temp Impacts)
Excludes any total includes Excludes any
restoration any anticipated ; restoration ands
andror temp restoration or temp impact
impact amount) temp impacts) amount)
[�li
Dredge ❑
Fill ❑
Both ❑
Other
Dredge ❑
Fill ❑
Both ❑
Other IXIli
li
I
Dredge ❑
Fill
Both ❑
Other ❑
'q 9 Q
'q 5 0
Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
i
Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
i
Dredge ❑
Fill ❑
Both ❑
Other ❑
919-733-2293 :: 1-888-4RCOAS7 s. revised- 02,2&118

RECOMMENDATIONS FOR 1324 Final Landing Lane, Warren, Kyle 1/7/2022
Shoreline length =118' x 8' = 944 ft2 (maximum allowable)
Proposed pier = 6' x 500' = 3,000 ft2 (credit)
Proposed fixed platform = 12' x 12' =144 ft2
Proposed floating dock = 6' x 24' =144 ft2 (credit)
Proposed floating dock = 8' x 42' =336 ft2
Proposed floating dock = 8' x 24' =192 ft2
Proposed jet ski float = 13' x 13' =169 ft2
Proposed boatlift = (4) 13' x 13' = 676 ft2 (not counted)
TOTAL = 841 ft2
This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries and the
Division of Water Resources, regarding potential impacts to shallow bottom and water quality. Should concerns be expressed
over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H
.0208(a)(2), which requires that the location, design and need be consistent with the management objective of the Estuarine
System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological
integrity of spawning and nursery areas. Additionally, it may be found inconsistent with NCAC 07H .0208(a)(5), which requires
the project to be consistent "with applicable use standards adopted by CRC, EMC, or MFC...For development activities not
covered by specific use standards, no permit shall be issued if the activity would, based on site specific information, degrade
the water quality or outstanding resource values..."
It is the staffs recommendation that the proposed project is CONSISTENT with the use standards set forth in NCAC 07H
.0208(b)(6), including the % width rule, the eight -square foot rule and the pier width rule.
Additionally, it appears to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(7), including
constructing bulkheads landward of Coastal Wetlands
As proposed, this office has no objections to the proposed project and any permit issued should include the standard
permit conditions for private docking facilities and bulkheads.

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y ii�._,.s � �'��, y'`�K - y3' �;� � �.. -ice' .n 3 �Y� �, .F. •'-.'3

Major Permit Fee Schedule
W avv�1►n JGC1 k..U,'3 -emu 1 t
Project Name: 13Z4 �__tvlct } County: t� tw_ Check No & Amount:
L_aL­&tV5 A14 v 0
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or
$250
100% ($250)
0% ($0)
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
HI_ For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,S, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
1 00% ($400)
0% ($0)
No. 4175 can be applied:
II!(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:
111(0). If General Water Quality
Certification No. 4175 cannot be applied:
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:

Z.7

DCM Coordinator: Cam Luck
County:
NV�
Circle
Oversi2
rmit for:
WIRO E-MAIL DISTRIBUTION SHEET EET
Permit #: ! '�
DCM Offices: 0 IA'*"
Morehead City: PT (if oversize) via Courierl
*cc Gregg, Cam & Amanda on group email wl bio.narr.app.drawings, deed, comment sheet
"MHC documents (Cam & Amanda)
Wilmington: Original hard -copy __z
ONLY USACE & DWR fwiroj: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USAGE Wilmington: r & Carteret Co): PN, CL, Reports, Split Sheet
use both [e-mail] (NHIBR): PN, CL, Reports, Split Sheet_
�g Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: Tolley Snider - 401 (BR/NH)-. PN, CL, Reports, Split Sheet
- 401 (PN/ON): PN, CL, Reports, Split Sheet
+ John Perry on all (training) —401: PN, CL, Reports, Split Sheet
Div of Water Resources: ✓Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
✓ Kim Harding
DCM Planner/WiRO:
✓//Mike Christenbury
Cultural Resources:
Natural Heritage Prog.
✓Renee Gledhill -Earley Environmental. [e-mail]_
" Rodney Butler
DCA-Rural Eco. Dev:
'-'Mark Ziegler
NC DOT:
✓ David Harris _
Wildlife Resources:
State Property Office:
—'Maria Dunn w/Reports
T Walton: DEED
IWKe Moser _
Vanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
" - emy Humphrey (Bio) / Shannon deM u�s-6Pt -
✓Sharon Gupton, Admin.
DEMLR:
tine Hall - Stormwater Section _
?an ams - Land Quality Section
Public Water Supply:
eidi Cox
City of Wilmington:
Enforcement:
Field Rep:
Co. LPO
[/ `��
Agent:
DISTRIBUTED: �/'y 'Yt�
1<,..1-.F...an-r r AAfA1gP „­ -in rin 1 'Avon I i,i

Major Permit Fee Schedule
W P.VV& X - c OC V-.0g -4-CA ii, k
Project Name: 1_3 Ftv\.ct 3 County: Check No & Amount:
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas,
III_ For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or ❑ 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)_ Pubiic or commercial development,
if General Water Quality Certifcation
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
Ili(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
o
60 /o ($240)
0
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:

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

October 3, 2022
Regulatory Division

Action ID No. SAW 2021-01659

Kyle Warren
PO Box 11371
Wilmington, NC 28404

Dear Mr. Warren:

Reference your application for a Department of the Army permit to construct a bulkhead
landward of coastal wetlands, perform new excavation for a boat basin, maintenance excavation
for the connecting access channel and the construction a new 4 slip docking facility. The
construction and dredging will occur in the AIWW at 1324 Final Landing Lane, Wilmington,
New Hanover County, North Carolina.

An approximately 470 feet long bulkhead will be constructed one (1) foot landward of
the wetland line. The bulkhead will be one (1) foot wide and composed of vinyl naval style sheet
pile. Furthermore, a 500 feet long by 6 feet wide fixed pier with access stairs to the upland
portion of the peninsula and a 12 feet by 12 feet gazebo will be constructed at the waterward end
of the pier. A 13 feet by 13 feet floating jet ski lift will be constructed in the cove area that is
near the landward end of the pier. Northeast of the pier and gazebo, an 8 feet by 70 feet floating
dock with a 6 feet by 10 feet finger pier will be constructed. Waterward of the end of the pier, a
ramp will lead down to another 6 feet by 50 feet floating dock with a 13 feet by 13 feet boatlift.
The fixed pier will shade approximately 400 square feet of coastal wetlands and be constructed a
minimum of 3 feet above existing grade. The remainder of the docking facility will cover and
shade 3,833 square feet of open Waters of the US. The docking facility will be inside the
USACE setback and the existing pierhead line.

Finally, an irregular 18,500 square feet dredging area will occur at the boat basin (around
the floating docks) and waterward out to the USACE Federal Navigation Channel. This dredging
will be done by the “bucket to barge” method and will produce 1,400 cubic yards of spoil
material. The excavated material will be placed adjacent to DA-228 outside of the USACE right-
of-way along and adjacent to the existing dike.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
-2-

could result in civil and/or administrative penalties.

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

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

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

Enclosures:

Plans
Manatee Guidelines
GP 291 conditions

Copies Furnished by Email (with enclosures):

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

-2-

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, dated July 6, 2021 and revised November 3, 2021, which are a part of
this permit. Any modification to these plans must be approved by the US Army Corps of
Engineers (USACE) prior to implementation.

2. If the applicant or contractor intends to cross the USACE right-of way to place spoil
material at the disposal site, a “Consent to Cross” authorization from the Corps of
Engineers must be obtained for crossing the easement. Provide a written request and a
map showing the disposal site and the crossing location to Justin Arnette at
[e-mail].

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

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

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

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

7. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.

-3-

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

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

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

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

Project:
1324 Final
Landing Rd
Title:
Site Location and
Existing Conditions WAD
Drawn By:
Date:
Scale:
1"=200'
7/26/2021
1 of 5
Job Number:
Sheet Number:
Revision Date:
LMG20.492
11/3/2021
4002001000
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
NOTES:
1.NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
2.2020 AERIAL AND 2018 PARCELS FROM NC ONEMAP.
3.COASTAL WETLAND AND NHW APPROVED BY DCM STAFF 1/22/2021.
4.ADJACENT DREDGE PERMIT #42-18 ISSUED MAY 10, 2018.
Legend
C:\Users\wd0009\Desktop\1324 Final Landing.dwg
Taxparcels
Subject Tax Parcel Boundary
NHW
Site Location Map
NTS
NHW
Riparian Corridor
HARREN JAMES C JACQUELINE B
1457 EDGEWATER CLUB DRIVE
DUKE DENNIS CAROLYN
1330 FINAL LANDING LANE
Atla
n
t
i
c

I
n
t
r
a
c
o
a
s
t
a
l

W
a
t
e
r
w
a
y
Outer Edge of Marsh
Coastal Wetland Line
Outer Edge of Marsh
KYLE WARREN
1324 FINAL LANDING LANE
USACE Setback
SITE
HWY 17
SR 1402
30' CAMA Buffer
Exiting Pierhead Line
Riparian Corridor
15' Setback
404 Wetland Line
USACE Navigation Channel
30' CAMA Buffer
Coastal Wetland Line
Existing Pierhead Line
404 Wetland Line
Adjacent Permitted Dredge Boundary
USACE Setback
Project:
1324 Final
Landing Ln
Title:
Proposed Bulkhead Detail
WAD
Drawn By:
Date:
Scale:
1"=50'
2 of 5
Job Number:
Sheet Number:
Revision Date:
LMG20.492
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
NOTES:
1.NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
2.2020 AERIAL AND 2018 PARCELS FROM NC ONEMAP.
3.COASTAL WETLAND AND NHW APPROVED BY DCM STAFF 1/22/2021.
4.LENGTH OF SHORELINE AT NHW IS 118 FEET.
C:\Users\wd0009\Desktop\1324 Final Landing.dwg
Tax Parcel Boundary
Approx. Outer Edge of Marsh/NLW
NHWL
Riparian Corridor
Coastal Wetland Line
30' CAMA Buffer
15' Setback
Legend
Taxparcels
Subject Tax Parcel Boundary
NHW
Outer Edge of Marsh
Coastal Wetland Line
30' CAMA Buffer
Existing Pierhead Line
Riparian Corridor
15' Setback
Proposed Fixed Pier
10050250
Proposed Bulkhead (~470')Adjacent Permitted Dredge Area
Adjacent Permitted Dredge Area (#42-18)
Proposed Bulkhead (~470')
1' Inside Coastal / 404 Wetland Line404 Wetland Line
404 Wetland Line
Proposed Floating Jet Ski Lift
Proposed Access Stairs
7/26/2021 11/3/2021
5
1
2
3
4
Project:
1324 Final
Landing Ln
Title:
Proposed Dock Detail
WAD
Drawn By:
Date:
Scale:
1"=50'
3 of 5
Job Number:
Sheet Number:
Revision Date:
LMG20.492
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
NOTES:
1.NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
2.2020 AERIAL AND 2018 PARCELS FROM NC ONEMAP.
3.COASTAL WETLAND AND NHW APPROVED BY DCM STAFF 1/22/2021.
4.LENGTH OF SHORELINE AT NHW IS 118 FEET.
C:\Users\wd0009\Desktop\1324 Final Landing.dwg
Tax Parcel Boundary
Approx. Outer Edge of Marsh/MLWNHWL
Riparian Corridor
Coastal Wetland Line
1
4 Waterbody Width
Existing Pierhead Line
30' CAMA Buffer
15' Setback
Proposed 6' x 500' Fixed Pier
Legend
Taxparcels
Subject Tax Parcel Boundary
NHW
Outer Edge of Marsh
Coastal Wetland Line
30' CAMA Buffer
Existing Pierhead Line
Riparian Corridor
15' Setback
Proposed Dredge Area
(~18,500 sq ft)
Proposed Dredge Area (~18,500 sq ft)
10050250
Proposed Bulkhead (~470')
Proposed 13' x 13' Floating Jet Ski Lift
Adjacent Permitted Dredge Area
Adjacent Permitted Dredge Area (#42-18)
Proposed Bulkhead (~470')
1' Inside Coastal Wetland Line
USACE Setback
USACE Navigation Channel
Proposed Access Stairs
Proposed 6' x 50' Floating Dock
with 13' x 13' Boatlift
Proposed 8' x 70' Floating Dock
with 6' x 10' Finger
Proposed 12' x 12'
Covered Gazebo
AIWW
7/26/2021 11/3/2021
5
1
2
3
4
-1.6'
-1.8'
-2.3'
-2.3'
-3.0'
-4.0'
Project:
1324 Final
Landing Ln
Title:
Water Depths and
Dredge Boundary WAD
Drawn By:
Date:
Scale:
1"=50'
4 of 5
Job Number:
Sheet Number:
Revision Date:
LMG20.492
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
NOTES:
1.NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
2.2020 AERIAL AND 2018 PARCELS FROM NC ONEMAP.
3.COASTAL WETLAND AND NHW APPROVED BY DCM STAFF 1/22/2021.
4.WATER DEPTHS PROVIDED BY APPLICANT. TAKEN JUNE 22, 2021 RELATIVE TO NLW.
5.LENGTH OF SHORELINE AT NHW IS 118 FEET.
C:\Users\wd0009\Desktop\1324 Final Landing.dwg
Tax Parcel Boundary
Approx. Outer Edge of Marsh/NLWNHW
Riparian Corridor
Coastal Wetland Line
1
4 Waterbody Width
Existing Pierhead Line
30' CAMA Buffer
15' Setback
Legend
Taxparcels
Subject Tax Parcel Boundary
NHW
Outer Edge of Marsh
Coastal Wetland Line
30' CAMA Buffer
Existing Pierhead Line
Riparian Corridor
15' Setback
Proposed Dredge Area
(~18,500 sq ft)
Proposed 13' x 13' Floating Jet Ski Lift
Proposed Dredge Area (~18,500 sq ft)
10050250
Proposed Bulkhead (~470')Adjacent Permitted Dredge Area
Adjacent Permitted Dredge Area (#42-18)
Proposed Bulkhead (~470')
1' Inside Coastal Wetland Line
USACE Setback
USACE Navigation Channel
AIWW
7/26/2021 11/3/2021
A
0+00
4
2
6
8
10
0+10 0+20 0+30 0+40 0+50
0
-2
-4
-6
0+60 0+70 0+80 0+90 1+00
-8
NHW
NLW
1+10 1+20 1+30 1+40 1+50
5
1 2 3
5-1.6'-1.8'
-2.3'-2.3'-3.0'-4.0'
0+60 0+70 0+80 0+90 1+00
A
4
2
6
8
10
0
-2
-4
-6
-8
NHW
NLW
1+10 1+20 1+30 1+40 1+50 1+60 1+70 1+80 1+90 2+00
C:\Users\wd0009\Desktop\1324 Final Landing.dwg
Project:
Title:
Profile A Detail WAD
Drawn By:
Date:
Scale:
As Noted
5 of 5
Job Number:
Sheet Number:
Revision Date:
3805 Wrightsville Ave, Suite 15
Wilmington, North Carolina 28402
Telephone: [phone]
201050
Horizontal and Vertical 1"=10'
4020100
Horizontal 1"=20'
1324 Final
Landing Ln
LMG20.492
NOTES:
1.NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY.
2.WATER DEPTHS PROVIDED BY APPLICANT. TAKEN JUNE 22, 2021 RELATIVE TO NLW.
3.LENGTH OF SHORELINE AT NHW IS 118 FEET.
Legend
1
4 Waterbody Width
Existing Pierhead Line
Proposed Dredge Area
(~1,400 cu yd to -4 NLW)
Existing Pierhead Line
Proposed Dredge Area (~1,400 cubic yards to -4' NLW)
A A'
201050
Horizontal and Vertical 1"=10'
USACE Setback
Proposed Dredge Boundary
USACE SetbackProposed Floating Dock
Approximate Existing GradeProposedGrade
Proposed Dredge Area
(~1,400 cubic yards to -4' NLW)
1
4 Waterbody Width
Proposed Fixed Pier and Floating Dock
Approximate Existing Grade
Proposed Dredge Boundary
Dredge Cut Assumes 3:1 Slope
1
4 Waterbody Width
Existing Pierhead Line
USACE Setback
15' Setback
Proposed Dredge Boundary
Proposed Fixed Pier, Covered
Gazebo, and Floating Docks
7/26/2021 11/3/2021
Pilings per Contractor (Spacing, Depth, etc.)
USACE Channel / Proposed Dredge Boundary
Proposed Grade
USACE Channel /
Proposed Dredge Boundary
AIWW
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

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

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

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

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