80-22 Spatholt, Dean

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Dean Spatholt
PROJECT NAME: Spatholt Docking Facility Extension
2. LOCATION OF PROJECT SITE: 9229 Peakwood Dr. SW adjacent to the AIWW in Sunset Beach
(ETJ), Brunswick County
Coordinates: Latitude N 33°52'26.21" Longitude W 78°32'58.41"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/16/2022
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 9/13/2021 Application Complete — 3/18/2022
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Sunset Beach (ETJ)
Land Classification From LUP — AF I (Agricultural -Forestry)
AEC(s) Involved: PTA, EW
(B) Water Dependent: Private Docking Facility — Yes
(D) Intended Use: Residential
(E) Water and Wastewater Treatment: Existing - County Sewer
Planned - N/A
(F) Type of Structures: Existing - Single family residence, bulkhead, two -slip docking facility
Planned - Docking facility extension, boathouse
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DRF.DGF.D FILLED OTHER
(A) Uplands
N/A
N/A
N/A
(B) Vegetated Wetlands
N/A
N/A
N/A
(C) Open Water
N/A
N/A
1,460 sq. ft.
Inco orated
(D) Total Area Disturbed: 1,460 sq. ft. (.03 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA; HQW Open: No
8. PROJECT SUMMARY: The applicant proposes to extend and expand an existing 2-slip docking facility
to the established pier head line at the Federal Channel Setback to access deeper water along the AIW W in
Sunset Beach.

Spatholt Docking Facility Extension
March 28, 2022
Page 2
9. PROJECT DESCRIPTION
The proposed project is located at 9229 Peakwood Dr. SW in Sunset Beach (EJT), Brunswick County. The
existing residential structure sits on a 1-acre parcel. General Permit 14237D was issued on 3-21-1995 for a one -
slip docking facility consisting of a 25' x 20' T-head and a 20' x 14' boatlift. Although no additional permit
history can be found, the initial docking facility was modified various times and included downsizing the T-
head, relocating the boatlift, and installing two floating docks. The existing 2-slip docking facility includes a 6'
x 385' access pier leading to a 16' x 18' fixed platform with an elevator -style boatlift located waterward of the
pierhead. To the west of the fixed platform, a gangway leads down to a 12' x 16' floating dock hinged to a 7' x
14' floating dock (WiRO Image 1). Both floating docks are oriented parallel with the shoreline.
The southeast -facing property is located on a high -bluff parcel approximately 14' above normal high water
(NHW) and is vegetated with typical coastal -plain tree species. The high ground is stabilized with a 100'
bulkhead and an oyster shell bank. The applicant's property has approximately 256' of shoreline frontage along
the southern edge of the property. Normal High Water extends to the edge of the shell bank preventing any 404
wetlands or high -marsh Coastal Wetlands in the area of the existing access pier. To the east of the access pier, a
dense swath of Smooth Cord Grass (Spartina alternii fora) extends approximately 270' waterward of Normal
High Water. To the west of the access pier, an approximately .25-acre salt pan transitions to Smooth Cord Grass
(Spartina alternii lora) with multiple unnavigable sloughs draining to the AIW W. The width of the AIW W
measures approximately 606' from marsh to marsh in the vicinity of the existing docking facility. DCM staff
made a low -tide site visit on 2/16/2022 and verified approximately -4.0' NLW on the waterward side of the
proposed docking facility relocation (WiRO Image 2, WiRO Image 3).
The waters of the AIWW are classified SA by the Division of Water Quality and ARE designated as a Primary
Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to extend and expand an existing 2-slip docking facility to the established pier head line
at the Federal Channel Setback to access deeper water along the AI W W in Sunset Beach.
The applicant proposes to relocate the existing L-head and two floating docks approximately 86' waterward of
their current locations. The applicant has also proposed to remove an existing elevator lift and install a new
boathouse. As proposed, the contractor would cut down the existing L-head to 6' wide and attach a new 6' x 77'
access pier that would extend southeast and terminate with a relocated 16' x 18' L-head. To the cast of the
relocated L-head, the applicant has proposed to install a 14' x 30' boathouse parallel with the shoreline (Slip #2,
Sheet 1 of 2). The oversized boathouse would accommodate a 39' Yellowfin (verified with vessel registration).
To the west of the relocated L-head, a gangway would lead to the relocated 12' x 16' and 7' x 14' floating docks
(Slip #1). As proposed, the relocated docking facility would terminate approximately 2' landward from edge of
the USACE Federal Channel Setback (Sheet 1 of 2). Relocating the floating docks (Slip #1) approximately 86'
waterward of their existing location (0.0' to -0.5' NLW as measured by DCM on 2/16/22, WiRO Image 1) to
within 2' of the USACE Federal Channel Setback would provide sufficient water depths for access throughout
the tidal cycle (Approximately -3.0' to -4.0' NLW as measured by DCM on 2/16/22, WiRO Image 2).
The property at 9229 Peakwood Dr. SW has approximately 256' of shoreline and the proposed design remains
within the applicant's area of riparian access. As proposed, the proposed relocation of the 12' x 16' floating

Spatholt Docking Facility Extension
March 28, 2022
Page 3
dock would encroach approximately 5' into the western riparian setback. A waiver was obtained from the
western adjacent riparian neighbor. The applicant's design extends waterward of the'/4 width limit but
remains landward of the 1/3`d width, terminating approximately 2' landward of the USACE Federal Channel
Setback (Sheet 1 of 2). The pier head line has been established at the edge of the USACE Federal Channel
Setback using existing docking facilities located at 9269 Peakwood Dr. SW (Variance granted for State Permit
#77-20) and 1324 Harbour Watch SW (State Permit # 23-13, WiRO Image 4). The applicant states that
extending the docking facility to 2' landward of the USACE Federal Channel Setback would allow him to reach
navigable water depths throughout the tidal range and minimize soft -bottom impacts to the Primary Nursery
Area (PNA). Water depths measured by DCM staff in the existing floating dock location (Approximately 105'
waterward of Coastal Wetlands or 17% of waterbody) ranged from 0.0' NLW to -0.5' NLW (WiRO Image 1).
Water depths taken by DCM staff at the proposed boathouse and floating dock location (Approximately 86'
waterward of existing docking facility) ranged from -3.0' NLW to -4.0' NLW. As proposed, the docking facility
would extend approximately 191' from the edge of Coastal Wetlands, which would exceed the'/4 width but
remain landward of the 1 /3 width (Approximately 32% of waterbody width).
10. ANTICIPATED IMPACTS
The proposed docking facility extension would result in the incorporation of approximately 1,460 square feet of
Estuarine Waters and Public Trust Area. As proposed, the docking facility would be located in an area with
water depths ranging from -3.0' NLW to -4.0' NLW, which is sufficiently deeper water at NLW than the
required 18" - 24" NLW in Primary Nursery Areas. A portion of the proposed development would be located
within the western adjacent 15' riparian corridor setback and would be constructed outside of the USACE
Federal Channel Setback. Extending the existing docking facility to the landward edge of the USACE Federal
Channel Setback would have negligible impacts on navigation since the shoreline opposite from 9229
Peakwood Dr. SW consists entirely of Bird Island Reserve, owned by the State of North Carolina. Turbidity
associated with the piling installation would be kept to a minimum.
Submitted by: Brendan Brock Date: March 28, 2022 Office: Wilmington

Dean Spaholt project narrative:
The proposed project consists of extending an existing dock from its current position to the AIWW channel offset. The
extended dock will NOT retain the same dimensions as the existing dock as the dock will now consist of the walkway
leading to a 16' by 18' fixed pierhead; a right side 18' by 20' ramp or gangway leading from the pierhead to the
relocated 12' by 16' floating dock On the left side of the pierhead will be a 14' by 30' covered boat lift. There will also be
a 7' by 14' floating dock located between the 12' by 16' floating dock and the 16' by 18' fixed pierhead. The existing
dock is 385' long and will be lengthened by 76.91'. The existing dock extends 105' from the edge of marsh grass and
with the 76.91 extension the dock would extend a total of 191.91' from the edge of marshgrass. Considering the overall
waterbody width of 606', 191.91 equals to 32% of the channel's width but landward of the AIW W offset The purpose of
the project is to be able to attain deeper water at more stages of the tide cycle.

OCM M14
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
Dean
MI
Last Name
Spatholt
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
9229 Peakwood Drive, SW
PO Box
City
Calabash
State
NC
ZIP
28467
Country
USA
Phone No.
910 - 443 - 2074 ext.
FAX No.
- -
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Beam and Associates
Agent/ Contractor 1: First Name
MI
Last Name
Wayne
Beam
Agent/ Contractor 2: First Name
MI
Last Name
Curtis
Joyner
Mailing Address
PO Box
City
State
125 Sikes Avenue
ZIP
Phone No. 1
Phone No. 2
29631
843 - 814 - 7145
ext.
843 - 830 - 8858 ext.
FAX No.
Contractor #
Street Address (if different from above)
City
State
ZIP
Email'
[e-mail], [e-mail]
_
FE8 �� cdbr
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
9229 Peakwood Drive
Subdivision Name
City
State
Zip
Calabash
NC
28467 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
910 - 443 - 2074 ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Lumber
AI W W
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.
Calabash
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
256.07'
.90 acres
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
.90 acres, I
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
14' ❑NHW or ❑NW L
e.
Vegetation on tract
Marsh - spartina alterniflora
f.
Man-made features and uses now on tract
Dwelling, existing dock
g.
Identify and describe the existing land uses adlacent to the proposed project site.
Residential
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes [:]No ®NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes []No IENA.•, ({1V
National Register listed or eligible property?
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Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Municipal connection.
o. Describe existing drinking water supply source.
Municipal connection.
p. Describe existing storm water management or treatment systems.
Sheetflow across grassed yard.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Govemment
®PrivatelCommunity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Modify existing private recreational dock
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.
Standard bottom up construction after piles are driven by barge based equipment.
d.
List all development activities you propose.
Modify existing dock.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
Both
f.
What is the approximate total disturbed land area resulting from the proposed project?
984 ®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
[]Yes ❑No ®NA
that the public has established use of?
In.
Describe location and type of existing and proposed discharges to waters of the state.
NA
I.
Will wastewater or stormwater be discharged into a wetland?
[_]Yes ❑No ®NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes ❑No ®NA
j.
Is there any mitigation proposed?
❑Yes ❑No [DNA �
If yes, attach a mitigation proposal.
i,tk
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to 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.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name McCall, Allen Phone No. 843-858-6482
Address 419 Brettwood Drive, Florence, SC 29501
Name Del Tufo, Wayne Phone No.
Address PO Box 6670 Ocean Isle Beach, NC 28469
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only lhi
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 9/13/2021
Print Name Curtis Joyner_
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
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Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (1) Is the docking facility/marina:
[--]Commercial ❑Public/Government ®Private/Community
c. (1) Dock(s) and/or pier(s)
(ii) Number 1
(ill) Length 77'
(iv) Width 6'
(v) Floating aes CINO
e. (1) Are Platforms included? ®Yes []No
If yes:
(ii) Number 3
(ill) Length 7', 12'. 14'
(iv) Width 12' 16% 30'
(v) Floating ®Yes ®No
Note: Roofed areas are calculated from d6pline dimensions.
g. (i) Number of slips proposed
2
(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: 20'
m. (i) Will the facility have tie pilings?
[]Yes ®No
(it) If yes number of tie pilings?
❑This section not applicable
b. (1) Will the facility be open to the general public?
❑Yes ®No
d. (I) Are Finger Piers included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width _
(v) Floating []Yes ❑No
f. (i) Are Boatligs included? []Yes ®No
If yes:
(ii) Number
(ill) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
mixed
I. (1) Will the facility be open to the general public?
❑Yes ®No
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Form DCM MP-4 (Structures, Rage 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and 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.
(il) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing Industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
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 gushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
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Form DCM MP-4 (structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes [-]No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square 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.
3, BOATHOUSE (including covered lifts) ❑This section not applicable
a. (1) Is the boathouse structure(s):
❑Commercial ❑Public/Government ®Private/Community
(ii) Number 1
(iii) Length 30'
(iv) Width 14'
Note: Roofed areas are calculated from ddpline dimensions.
4, GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (1) Number
(ii) Length
(III) Width
5, BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Government ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7, GENERAL
b. Number
d, Description of buoy (color, inscription, size, anchor, etc.)
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Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
10, 63' and 174'
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
606'
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.
d. Water depth at waterward end of structure at NLW or NWL
-5 MLW
& OTHER ®This section not applicable
a. Give complete description:
�jZ. �. 2/22/2022
Date
9/1 /2021
Project Name
Dean Spatholt dock modification
Applicant Name Dean Spatholt
Applicant Signature
252.808.2808 :: 1.8884RCOAST :: w w.nccoastalmanagement.net revised: 12/27/06

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director'
NORTH CAROLINA
Environmental Quality
March 28, 2022
SENT VIA EMAIL
Dean Spatholt
c/o Wayne Beam & Curtis Joyner (Beam and Associates)
9229 Peakwood Dr. SW
Sunset Beach (ETJ), NC 28467
SENT VIA EMAIL
RE: CAMA Major Development Permit Application — 9229 Peakwood Dr. SW
Dear Mr. Joyner:
The Division of Coastal Management hereby acknowledges receipt of your application, for State approval for the
extension of an existing docking facility, located at 9229 Peakwood Dr. SW, Sunset Beach (ETJ), Brunswick
County, NC. It was received complete on March I Sth, 2022 and appears to be adequate for processing at this time.
The projected deadline for making a decision is June 1", 2022. An additional 75-day review period is provided by
law when such time is necessary to complete the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those circumstances, this letter will
serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from March 18'", 2022 you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such
a meeting will be held within five working days from the receipt of your written request and shall include the
property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Brendan Brock
Field Representative
cc: Cameron Luck, MHC Katie Atkins, LPO WIRO DCM
USACE Holly Snider, DWR Dean Spatholt, Applicant
No, Carolina Department of Environmental Qualzy I Divisicn of Coastal Management
Wilmington Office 1 127, Cardinal Drive Extension 1 W;imington.North Caroli.^a28405
910.196.7215

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NORTH CAROLINA
Environmenml Quahty
March 28, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Dean Spatholt
Hello: Please publish the attached Notice in the Thursday, April 1, 2022 issue.
ROY COOPER
Covemor
ELIZABTH BISER
Secretary
BRAXTON DAVIS
Director, Division ojCoastnl Management
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this
Wilmington office.
cc: MHC Files
Cameron Luck — MHC
USACE
)old have any questions, please contact me at our
'ietila
Support & Customer Assistance
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On March 28, 2022, Dean Spatholt proposed to extend and expand
an existing two (2) slip docking facility to the established Federal Channel Setback pier head line w/ the
addition of a 14' x 30' boathouse at 9229 Peakwood Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick
County. Copies of these applications can be examined or copied at the office of Brendan Brock N.C. Dept. of
Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910)
796-7270 during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to April 22, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit
Mailing Address:
R7Z.1
:
D>�
FEA-'G wao l� 2 5 tN
Phone Number: �c L14 3 " T
Email Address: G IJ y �07 �• o
Wayne Beam/Curtis Joyner
I certify that I have authorized
Agent !Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: o �(
��t� i � 1� ; �jRiu w"fC 2.e.�,¢.,...,"�� r,�� Do� i ,,..- il� ¢�.�GVb✓
at my property located at cl 2-7-
in '� dAZ4&SWii County.
?t: tt"CL Da- S IA) co-/&
I furthermore certify that / 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.
O7 F ky1 SRO-�-f'k.e(-f—
Print or Itype Name
Title
1 /,14A/1 2.02
Date
This certification is valid through 3
EC-, 2-3

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BridgeView
Environmental Consulting, LLC
Curtis M. Joyner
P.O. &+x WITChAd q,,m SC 29iq
841B50 8858
h�)n<mrn�hmkninvic<.,m
March 10, 2022
Re: Dean Spaholt dock permit application, 9229 Peakwood Drive, Calabash, NC
Wayne Del Tufo
PO Box 6670
Ocean Isle Beach, NC 28469
Dear Mr. Del Tufo:
You are receiving this revised letter as required by the N.C. Department of
Environmental Quality, Coastal Management Division (CAMA - state permitting Agency), as
an adjoining property owner to the address listed above of the proposed modification to an
existing private recreational dock. I am assisting Mr. Spatholt in gaining approvals for the
modification.
Given the existing dock and the planned extension will be located within the 115'
offset from the riparian line by 5' (result 10')CAMA rules require the adjoining affected
property owners sign a waiver if they have no issue with the planned location of the dock.
This revised letter corrects the previous offset numbers from the riparian line. Attached
you will find the most recent permit drawings that illustrate the dock location. Please sign
and date here and return to me via email at [e-mail] or at PO Box
30937, Charleston, SC 29417. Should you have any questions you may contact me at 843-
830-8858. Thank you for yAur k4i_Uonsideration.,
Sincerely, /
Curtis J ner, Owner
BridgeView Environmental Consulting
iovnercin@brideeyiewec eon
cc: Brendon Brock, NCDEQ CAMA

Track your package
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Delivered QQ
September 20, 09:15AM
Ocean Isle Beach, NC
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tAtCAM W 1 ACC-41aA
SO\Att�CF

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0.0' NLW
Spatholt Private Dock Extension
Existing docking facility looking
east allow -tide on 2/16/22
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CERTIFICATE OF TITLE FOR VESSEL
NC fhb.) Number NC VnvKel IJundxn
$21644 NG 6t t2 EW
DEAN CIARK SPATNULT
9229 PUAKWOOO DR SW
CALABASH, NC 2546?.3014
4�lmetJnl9neutl9e
Frst Owner Name and Address'
DEAN CLARK SPATHOLT
9229 PEAKW000 OR SW
CALABASH, NC 28467-3074
Third 0WIW Namo and Address:
4lanhoider Information
First t Nnholdor Date of Lien:
Awl
� X
Second Lionholder onto of Lion:
Bull Identification Number
TiIle Issue Oafu
VFY3919614122
0111312022
Year
2622
Mortal
39
Mnnutncfuror:
YELLOWFIN;;
l englK
30 toot 8Inches
HubMntarini:
fiberglass
Typo
open
Second Owner Name and Aearesn
Release of First Lion
os�J,{ 1 W rNTrtnr d dk *Bslrx/LMYrW IrRt .iM1U
Ltlr. Jrwa I�otwLy 4i+er M14� t r .f'-J rnr�MeV[a a hWreJ � 9rY:lwtlta
AriMfW A0mr1
Notary Intormadon (required): 4
° Sworn In rrW rrtstMrnl G.4+e r�4•r a-.., .e rrrw .. �':
L' NMrh IrutMt epnrc4+ AHr! WA,) Sae. ,.
-. MYC'A+ klitnElmo OT
O*Udye Iwo" o/ the North Caroline Wlidsfe Resources Gommiselon hereby cerrltios drat an apµtir..auan for a Gan R e a
t bitodMo n for dw vessel d sul odnomed on gl palace on lhereal lids baonlduPly retarded na hetiawfid ownarts m
(�klMtel SfaWtes; that dre appt ( )
tit{aj nd t
e owner of file o vessel dascrheroin, end 0io1 tt is suWsct to The eons
has stated, undoi oath, dial ho Is th
am floes, attla+.
jo itmtl end seal of the ComMssbn at the day atKl year sppoarIng an Uiis
: f
Ut! "a "a data k 3
or Conern NNoh V b
��M b( !

(SCALE: 1 i �JO )
Issuing date eV bn date -
10�N V
attachments
application feet
rf�
CAMA AND DREDGE AND FIL
GENERAL 14?37"
-,r PERMIT MAR - 11"
as authorized by the State of North Carolina`"""""'"""""""""""��
Department of Environment, Health, and Natural Resources and th oas I R sou�� ces Commission
in an area of environmental concern pursuant to 15A NCAC 1�
Applicant Name t`� < I Z Phone Num�e�)V
Address 'Q.' O 7
��++
City _J� I •T}I, b State N C --Zip
Project Locatiopp (County, State Road Water Body, etc.) ��w11 h o �i 5 fj irkpi A Ca; ,
F1 Jit
TiA )l.t i ��
Type of Project Activity t
PROJ ECT DESCRIPTION
SKETCH
} r
Pier (dock) langtli�a
'Ir)'m I - i o h.k". K
p
Groin length—
number —
Bulkhead length
T..
.Cr:. nd<.
I)
4/..
imax. distance offshore
WY.1
Basin, channel dimensions__
cubic yards
r
Boat ramp dimensions /r' -�.-•
I Other
i
r3�Y_ l�}•
f
l This permit is subject to compliance with this application, site
i
drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine,
! imprisonment or civil action; and may cause the permit to be-
come null and void.
This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance.
The applicant certifies by signing this permit that 1) this pro-
ject is consistent with the local land use plan and all local
ordinances, and 2) a written statement has been obtained from
adjacent riparian landowners certifying that they have no
objections to the proposed work.
In issuing this permit the State of North Carolina certifies that
this project is consistent with the North Carolina Coastal
Management Program.
1

rn"NTY
8/18/20212:49:44 PM
PATHOLT DEAN C Return/Appeal Notes: Parcel: 25500025
229 PEAKWOOD DR SW CALABASH 28467 COUNTY PLAT: / UNIQ ID 131624
5128600 ID NO: 103411657368
BRUNSWICK COUNTY (100), SUNSET BEACH FIRE (761) CARD NO. 1 of 1
Reval Year: 2019 Tax Year: 2021 145-OF ROAD FRONTAGE 1.0000 LT SRC=
raised by 60 on 08/28 2017 604E OCEAN HARBOUR/SUNSET TW-06 CI-00 FR-16 EX- AT- LAST ACTION 20180227
CONSTRUCTION DETAIL
MARKET VALUE
DEPRECIATION
CORRELATION OF VALUE
oundatlon -4
Eff.
BASE
Standar 0.16000
on Ft /Crawl S.0
USE
MOD
Area
UA
RATE
RCN
EYB
AYB
LKLUIENLE TO MARKET
ub Floor System - 4
011
01
1 4,433
1 1481
130.24
158110412000119941
% GOOD 84.0
DEPR. BUILDING VALUE - CARD 488,130
PI wd/Ptl bd 8 oc
TYPE: SINGLE FAMILY RESIDENTIAL SFR CONSTRUCTION
EPR. OB/XF VALUE - CARD 33,250
LAND VALUE - CARD 625,000
Exterior Walls-09MARKET
ood on Sheathing or PI wood 33.00
STYLE: 3 - 2.0 Stories
TOTAL MARKET VALUE - CARD 1,146,380
Exterlor Walls - 21
ace Brick 0.0
oofing Structure - 04
is 9.00
TOTAL APPRAISED VALUE - CARD 1,146,38C
DIAL APPRAISED VALUE - PARCEL 1, 146,380
offing Cover - 06
rch Shingle 5.0
28'
itedor Wall ConstruUlan - 5
D all/Sheetrock 28.0
2412'
WDD
ORAL PRESENT USE VALUE -
PARCEL
nterior Wall Construction - 6
UstoInterior 0.0
m
4'
23 @
TOTAL VALUE DEFERRED - PARCEL 0
TOTAL TAXABLE YALDE- PARCEL$ 1,146,380
nterior Floor Cover -12
artlwood 10.0
12'
nterior Floor Cover - 14
PERMIT
ar et 0.0c
10,
11. t2
eating Fuel - 03
CODE DATE NOTE NUMBER AMOUNT
as 1.0
BAS
P
Heating Type - 04
OUT: WTRSHD:
Forced Air - Ducted 4.0
2
Ir Conditioning Type -03
SALES DATA
entral 4.00
edrooms/Bathrooms/Half-
OFF.
INDICATE
athrooms
20' 24
RECORD
DATE
DEED
SALES
O AGE
MO R
3 1 17.000
1
TYPE
U
I
PRICE
etlrooms
0873 D59
1 1992
IN
U
V
S - 4 PUS - O LL - 0
32' 4' 84' 4'10' 22'
0867 558
1 1992
WD
U
V
0
athrooms
BAS-3 FUS -OLL -O
SOP
Half -Bathrooms
BAS-I PUS -OLL-0
fOce
BAS -O FUS -OLL -O
28' FGO
22'
HEATED AREA 4,158
OTAL POINT VALUE 124.00
BUILDING ADJUSTMENTS
NOTES
arket/Deli n OS 1.00 1.000
uali 5 EXCELLENT 1.250
C 8-13-I043
75T#11173
I:e Siz Size 0,950
onetruction 05 1 1.00 1 1.000
actor
Click on image to enlarge
OTAL ADJUSTMENT FACTOR 1.19(
OTAL QUALITY INDEX 14
SUBAREA
CODE
DESCRIPTION
COUNT
LTH
WTH
UNITS
UNIT
PRICE
ORIG %
COND
BLDG#
AYB
EYB
ANN DEP
RATE
OV
%
COND
OS/XF DEPR.
VALUE
TYPE
GS AREA
%
RPL CS
BAS
3,02
10
393325
12
72
74
25
BULK HEAD
PIER/DOCK
RESID)
RAMP
(PIER/DOCK)
DOCK
FLOATING)
132
400
16
16
18
6 132
5 2,000
3 54
288
200.00
15.00
8.00
25.00
0
0
0
0
1
1
1
1
19931993
19961996
19961996
19961996
53
S2
52
S3
40
54
54
31
10560
16200
233
2232
FGD
FOP
4
03
182
FUS
113
09
13336
DO
33
02
872
FIREPLACE 2 - I Story 3,75
Sin le
25
DOCK
FLOATING)
14
10
140
25.00
0
1
19961996
53
31
1085
USAREA
5,15
581, 10
OTALS
22
ONCRETE
AVING
0
0 3,914
3.00
0
1
19941994
S3
25
293
irkrOTAL
OB XF VALUE
33246
BUILDING DIMENSIONS
BAS=W2N12W12N4W2N4W4WDD=N8W28512E28N4$S4W28NIBW18524W10512E4S20FGD=S28E22N28W22$E32FOP=S2ESN6WBS4$N4EBS4EIOS2E22N24 FUS==1138$.
LAND INFORMATION
THER
DJUSTMENTS AND
LAND
TOTAL
HIGHEST AND USE
LOCAL
FRO N
DEPTH
LND
COND NOTES
RDA
UNIT
LAND
UNT
TOTAL
ADJUSTED
LAND
VERRIDE
LAND
BEST USE CODE
ZONING
TAGE
DEPTH
SIZE
MOD
FACT
RF AC LC TO OT
TYPE
PRICE
UNITS
7YP
AD]ST
UNIT PRICE
VALUE
VALUE
NOTES
SFR WATERW 0104
AFl
150
300
1.0000
0 1.2500
PW 500,000.0
1.00
LT
1.25
625,000.0
62500
SIZE
TOTAL MARKET LAND
DATA
625,000
TOTAL PRESENT USE DATA

964 223
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.Al.
the pmLaklN • tiMxlvn of lln ume, IM1e Irvv.<IM1u+a1Tn MN
PMAGMPH, 9. SALE OF PREMISES, SHALL NOT APPLY UNLESS THE BLOCK TO THE LEFT MARGIN OF THIS SENTENCE IS
INITIALED.
a�slWl Ledue Iron Gr+Mwfan Axund JlFe Be.raaaury HaadratirmenlwanYrMneruvainWulna y>aVa[ArsN0.eanaiwkaxirvn by&mlirurynri+e+m surL Nlurxwl=mnnlmmaanatlwlritlan wen wwealn.
II.INpFMNIIY li enYeril orpmgeMNtl br LrvuXlaaynnsr ILe Irv.leeor9enenrury eux,, Fnrym[ee el Leed be nnw, BenkllneslueVIrJ..Jierne.de Cr the Jr ten.ned eh.,6,, aiWImH
Nrmle l ult on dem+ne Iemlwru Irun.a n Benje urY 4wn+nYla+, mu, damegew eylenu aM+nY wm+wlvrW J LY LIMr'e a1 &m•(inarY *Fall Frn mrereu as pmxdad m rM1e Nar stturcd McLY br wms due
+IrQ debull rS. YellM dueaid rrI1'mdem+rW
1l.,Lked S.Orvnwrwben aNMtl-'I-'-1 nnMapwfltl a+m LPlre I wuw wBenefirurc' IJ wwnn+iwmfll1e Luweem nuneurureInat IIisedmY.i KPo.,.mmmNpminBundenpe N.
or M1b Ued u(ImY In t e JnmM a.nl+erol anY de(+u4 m a,"- Be- or ,, T rmp.rn or ", (K IFa I.." I n l eM1 rµaA eeu or mnv+y' LY ,... or 9tnmlh . a+na ulih rnnv.
11 ,CIIIE nSu.nl. maid wMjuM1 1Mlh,-n irnrrMa stewate Tme[IIVnmivu In Iles[Md ul he 9lnr II✓une+Fallw' I. ro nnn,ha.Ih+ n arlur n e Ya14w imbdntlf i.ne JIrei renMa
Uomey.lo rey mM1•rninuC anon aid Ike,+smaLle+mmry+laeWdx•imusemxmM1 anon Jra116eryHlp'rM Benelrvry+rW aJJNwllreynrcglN IM1e Nulr s¢u.NbY Wn MddinrswN4rarmka+rn
IFe r+le Prm'Weds.IM1e NYen.sums"doe
... 1d ,
la. do In IH ates Muull urvwr rlv r.rm+ul anY MSVunwnl x'ruml Ly .le'rr Iu+eM1¢L IM1is lMwl nl lruL is sumNinale N+II awuilule.lr'I+ull LercumN'r-
I5. Uil I[0. LEI1M5.
ED
N N'IENEii.rnonol,"I GN.' lxn r+ImM1arvlan1w nr 1en,wAe.M1asr+uw'J IM1IS InYrunn W la l,e{�{n .m t011 na�1 M1 I rheI, wm Y+ ae+llu Ee lwreunw+Nned Le
.aVIM1dIIY OIn, suh! ul pVn Wn. IM1e a.I+ 11--lit +Inne xl0.n
ora. I
ICurple Nm aeI a-
Oe _ �u ___l9FAU
Y DEAN C. ATHO
By:
ATTEST:
President
Secretary (Corponte Seal)
` 1 yP .I Brunswick Count st) W4 NORTH CAROLINA. Y''
rt rpTARY`r -:1la NMary Pubwoflhe Couniyand slate afaresaid,cenifythat
Dean C. Spathol t
Grantor,
personally appeared before day and eck,..led,,d the eKxution or the f
t r=`�
inB instromenl. Wdness my Iwm1 and
`` Cm�eYt�his
X
a PU 13 ,;,; mff.wlstampmseAfldsd—dayof November , 19 93 .
(i�%evrus a{� 90^ i /
r11 sY . 3 My Cnmmissitu ¢KPires:.r
Nda Public
rs'
"SNHlInMR P NORTH CAROLINA, County.
I, a Notary Public ofthe County and slate aforesaid, certify that
personally appeased befuae me Ants day a1M acknowledged that —he 1s
Secretary of
a North Carolina
corporaliao, and that by iutheditydul�,
STATE OF NORTH CAROL INA
MAR Z�
COUNTY OF BRUNSWICK}�-;
The Foregoing (or annexed) Certificate(s) of
Notary(ies) Public (isNare) Certified to be Correct.
This Instrument was filed for Registration on the Dayand flour in the Book and Page shown on the Firs' Page hereof.
ROBE T J. RORII 5 NI R,zlste— e, ofDeldr

JAII In
SATISFACTION: l he debt secured by the within Dttd of Trust together ...
with the eom(s) secured thereby has been satisfied in lull.
This the_dayof ___ .19—
Signed:
Recording: Time, Book and Page
Tax Lot No. ___ Parcel Identifier No.
Verified by
Mail alferrecording to
19_
This instrument prepared by BAXLEY and TREST Attorneys at Law PO Box 36 Shallotte N 84C 2 59
Brief Description for the index 145' road frontage
NORTH CAROLINA DEED OF TRUST
THIS DEED oft RUST made this 30 th day of November . 19 93 , by and between:
GRANTOR
DEAN C. SPATHOLT
TRUSTEE
WILLIAM A. POWELL
BENEFICIARY
1/2 to Marilyn S. Forlgyduval
4917 Seabrook Court
Wilmington, NC 28406
and
1/2 to Sheila S. Ward
Post Office Box 203
Longwood, NC 28452
Enter In appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
The designation Grantor, Trustee, and Beneficiary, 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, That whereas the Gra nfor is indebted to the Beneficiary in the principal sum of "'-"'---------"-'-------------
ONE HUNDRED FOURTEEN THOUSAND THREE HUNDRED SIXTY-SIX AND 201100------ Dollars is 114 366.20 1,
as evidenced by a Promissory Note of even dale herewith, the terms of wh¢h are Incorporated herein by reterence. The real due date for payment of said
Promissory Note, if nor sooner paid, is March 1,�401
NOW, THEREFORE, as security for said indebtedness, advancements and other sums expended by Beneficiary pursuant to this Deed of Trust and costs of
collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which Is hereby acknowledged. the Grantor
has bargained, sold. given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to said Trustee, his heirs, or successors, and
assigns, the pa¢elh) of land situated in the City of Shallotte. Township,
Brunswick County, North Carolina, I the "Premises') and more particularly described as follows:
BEING all of that certain tract or parcel containing 145 feet of road frontage
identified as "Dean C. Spatholt" in a survey plat dated 23 October 1993,,prepared
by Jan K. Dale, R.L.S., and recorded in Map Cabinet Y at Page 107 'in the
Office of the Register of Deeds for Brunswick County, North Carolina, to which
plat reference is hereby made and which is incorporated herein for greater
certainty of description of said property.
--6&L
MAR 2 S Z02Z
This is a Purchase Money Deed of Trust.
N. C, ear Axm loan : ' 19'4 a, "I'll £� "—', I,u, • No", h, ap "., ,A tv 4 1 Be bsa '981 • awn Via. & C.- Is, • Bm IP • `xsi'&r NC 27055

LICENSE PLATE AGENCY: We offer tag renewals. title and notary services. We are located in the main lobby
of the David Sandifer Administration Building. Our hours are 8:30 am to 5 pm Monday -Friday.
You may reach us at 910-253-2829 (choose option 2).
INFORMATION FOR THE TAXPAYER
Ci"- Tax Collections: '(he Brunswick County Tax Office bills and collects for the municipalities indicated below. The taxpayer will
ook iccei%e one bill and pay with one transaction to the County.
• Bald Head Island • Calabash • Na\assa • St. James
• Belville • Carolina Shores • Northwest • Southport
• Boiling Spring Lakes • Caswell Beach • Sandy Creek • Sunset Beach
• Bolivia • Leland • Shallotte • Varnamtown
You will receive a separate tax statement from Holden Beach. Oak Island,
and Ocean Isle Beach if you own property in these municipalities.
Please check our uehsite at wwe-.brunswtckcountvnaeov and verify your tax data is correct
Slip Pacmcnts:
• Payments can be mailed to Brunswick County Revenue at PO Box 29. Bolivia NC 28422.
• If you arc using your bank's hill payment service, then please remit the payment to our Bolivia office.
• Payments in person can still be made at our office at the David Sandifer Administration Building located at 30 Government
Center Drive, Boii%ia N( . We now accept debit credit card in the office (.senrce fees apple).
• Online payments by checking account can be made with as sereire fee (must use a bank headquartered in the US) by visiting
our webmle at www.bruaysw_ �kcounivnc eov.
• Onliuc credit card payments with service fee are made through a third party service. You may use Visa, MasterCard, and
Discover. A service tee will be added to your charge. Visit our website at www brunswickcnmitvnc.eov to make payment
online.
• Credit card payments with service fee by phone can be made by calling 1.977-564-4840. You will need the bill number and
year being paid.
Returned Checks: North Carolina General Statute 105-357 provides for a penalty for an insufficient fiords check of S25 or 10%,
whichever is higher up to S1,000. Any tax receipt shall be void if your check is returned.
OTHER GENERAL INFORMATION
*For additional information regarding the items detailed below, please call 910-253-2829.
Prolierts Tax Homestead Exclusion:
• Applicant must be 65 year., or older OR totally and permanently disabled.
• Application trust be filed by June I.
• Disabled individuals that are under the age of bi must provide certification from It doctor or government agency which is
authorized to detennine qualification for disahihty benef is.
• Applicant must be it resident of`Brunswick C'ommy, own your home and live there permanently.
Income is a qualifying factor laid all monies received front an% source are considered.
• If approved, the applicant could receive an e\chsion from properly ta\es: the greater of S25.000 or 50% of the appraised
\clue of the permanent residence of the qualitt ing owner.
• The 2022 income limit for the elderlydinabled exclusion is S3 L900.
If sou have a "Prior Year Tax' balance on the front of this bill, be aware that interest is accruing at 0.75% per month and
enforcement actions may already be in place. If sou would like a payment plan and you have a prior year to% please call our
office. THE COUPON BELOWIS FOR CURRENT YEAR TAXES ONLY.
..... ....... ........... .... .......... ............ _...
MAII. ACRF.F.MENT Milt PAtNILN 110: P.O. BOX 29. BOLI\'lA. NC 28422 2022
I PARTIAI. PAN KILN"ACREENIFN I IOR\F.\ODRESN CHANCE FORM OR 2
'. Taxpayer Namc(st ---- _ ... phone:
New Address Cell Number:
Your Fmployer's Name S Address:
Phone:
Your email address:
Where do you bank": _. _ Do you have Checking Savings _
Option 1: Monthly Payments (6 payments) August 2, 2021 thru January 5, 2022 $ Enclosed
Ire, gel nnu Payment annnna, take lour onginaI ernounm due:uld dIN idC a bt 6.1 Peymmill Amounl
Option 2: _ BI-W'eekly Payments (12 payments) August 2, 2021 thru January S, 2022 $ _ Enclosed
t ro gel tour payment amount, c,kc %our o prial mnounl dui acid do idc n In 12 I Paymnu :\nuwnl
Taspayer Signature(s): _ Date:

ICN
BRUNSWICK COUNTY REVENUE DEPT eeJp . BRUNSWICK COUNTY TAX NOTICE
PO BOX 29
BOLIVIA NC 28422-0029 • DUE DATE: Property taxes arc due and pa able September I. 2021. If nor
.._J paid on or before Jan. 5, 2022, interest will accrue at a rate of 2no for The
FORWARDING SERVICE REQUESTED month of January and 3,41'a monthly thereafter.
• PAYMENT PLANS ARE AVAILABLE - See back of bill for coupon.
10484589-33882-1 1 2 33882 1 AV 0.398 191
11111111111111'a1�1111f 11�11111'1111�111r11t
SPATHOLT DEAN C
9 9229 PEAKWOOD DR SW
CALABASH NC 28467-3074
• FAILURE: TO PAY: Delinquent taxes arc subject to garnishmon of wages,
attachment of bank accounts, seats, income tax refunds, lottery winnings.
levy on personal property, and foreclosure after January 5, 2022. Additional
fees will apply for all actions taken.
• ONLINE PAYMENTS ARE ACCEPTED ON OUR YY'FIRS] FE AT
• Taxpayer may apped the value, silos, or taxabaih of Personal Properh
within 30 days of the date of this notice.
*Please see back for additional information.
PARCEL. NUMBER
BILL NUMBER
25500025
134455
ACCOUNT NUMBER
BILLING DATE
TAX YEAR
DUE DATE:
DELINQUENT AFTER �
65128600
1 07/01/21
2021
09/01/21
01/05122
Property Description 145'OF ROAD FRONTAGE
Physical 911 Address 9229 PEAKWOOD DR SW CALABASH 28467 COUNTY
;
Personal Property Value Exemption
m
Real Property Value 1,146,380 Deferment
x
Total Market Value 1,146,380 Total Taxable Value
1.146,380
N
TAXING DISTRICT ^^
AMOL'NTBILLED
HOW YOUR BRUNSWICK COUNT
100VALUE•
PROPERTY TAX DOLLAR IS SPENT
IMPORTANT NOTICE
BRUNSWICK COUNTY 0.4850
5,559.94
SUNSET BEACH FIRE
761.25
Brunsnick C'ounh
TAXES PAID RY NIORTGAGE
2021 Approved Tax Lei) 1)Istribution
COMPANIES
If your mortgage company escrows your
6rnenl Gonanmenr rrr„
tnxos, please Do NOT pay this bill.
C'rnrral sea ayes 10s^,
instead forward this bill to their office.
Public Safeh 21.1%
Mortgage companies typically distribute
Tmusponauua 01%
payments from escrow accounts in
fmrironmenral I4Mccuco K.4%
November and December. The taxpayer
Eaanumnc Dcvrbpmm 1 9%
is responsible for ensuring that the
It. seo;res ^ r:"*
payment is made. You can check on our
Cu1mrc R
website to see if your taxes have been
Education 44,T.
aalls6al.
Tnmt tut! re"
31xmk you.
Please see back for additional information.
TOTAL DUE
$6,321.19
Oil WE HOURS: 8:30 AM - 5:00 PM. MONDAY - FRIDAY. WHEN CAI.LING PLEASE HAVE YOUR ACCOUNT NUMBER AVAILABLE!
FOR GENERAL QUESTIONS: CALL 910-253-2829, 1-800-527.9001 or visit w,w%v.bunswickcountync.gov
QUESTIONS CONCERNING PAYMENT: CALL COLLECTIONS 910-253-2729, 1.800.222.0593.
ACCOUNT NUMBER
BIL isGDATEI
DUEDATE
DEI.INVUENT AFTER
TOTAL AMOUNT DUE
PARCEL NUMBER
TAX YEAR
BILL NUMBER
65128600
07/01/21
1 09/01/21
1 01/05122
$6,321.19
1 25500025
2021
134455
AMOUNT PAID
����!NIII �iaa�@I�JI� kkp''IIIryIryII �Fkgwl�FBry�I I' �ppII�I''�`E p rpryl �pq1 �p�plI'�p'ppIII o u
If using your �I III�II� ���IHII PII IBN „III III��II III IIIII�I��III!I III NIA service, remit to:
B unswlak Counpaymentk's bill County Revenue, PO Box 29, Bolivia, NC 28422.
Pica,e is, coupon nay hack for address change. MAKE CHECK PAYABLE & REMIT TO:
Inll�lr�lr�l�Pnlp�Il��llltll��l�lu�l�ll�l�lllll"'ll"I'I'I�
BRUNSWICK COUNTY REVENUE DEPT
SPATHOLT DEAN C PO BOX 680335
9229 PEAKWOOD DR SW CHARLOTTE NC 28258-0335
CALABASH NC 28467-3074 MAR 2 S Z022
20211344550000000000006321198

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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Dean Spatholt
PROJECT NAME: 9229 Peakwood Drive SW
COUNTY: Brunswick
LOCATION OF PROJECT: 9229 Peakwood Dr. SW, adj. to AIWW in Sunset Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-18-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Brock
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 4-1-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 6-1-22
HOLDS:
MAIL OUT DATE: 3-28-22
PERMIT FINAL ACTION: ISSUE DENY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $250f#1195
END OF NOTICE DATE: 4-22-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 4-22-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
DWR— Public Water Supply
DEMLR — Stormwater
DEMLR— Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF — Shellfish Section
DMF — Habitat & Enhancement
DNCR — Archives & History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: P�vi Vv
Fee: $ V # IM
CDAITS MHC cc
Applicant ` ec^ C 4�a'
Agent/Contractor:Cl- h a Yw Lc_^
Project Site County:
Staff: \
District: Wilmington
Project Name:
Rover File: n/a
River Basin:
Initial date of application submittal: _ 3'2
Date application "received as complete' in the Field office: '3 � / f :22
Permit Authorization: ;j CAMA ❑ Dredge & Fill []Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: []Yes PNo I PNA: Fes ❑No
Photos Taken: Yes (X No❑
Setback Required (riparian): es ❑No
Critical Habitat: ❑Yes IkMo ❑Not Sure
15 foot waiver obtained: ®Yes ❑No
Hazard Notification Returned:
❑Yes r9flo
SAV: ❑Yes No ❑Not Sure
Shell Bottom: ❑Yes Wo ❑ Not
Temporary Impacts: Yes ❑No
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: es ❑No
❑Yes No
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes Po RNA
❑Yes Wo ❑NA
2 SG FT.
Shellfish Area tion:
Project Description: (code)
Development Area: (code)
Open -or- Closed
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Dislichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
i t
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
$100
and/or fill -$400
® I. Private no dredge and/or fill - $250
•
❑ III(C) Priv. public or comm w /D&F to 1
/
acre; 4144 can be applied; DCM needs
DWQ agreement - $400

Applicant: �1 5" """ (
Date: 3'2S -yZ
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
One
Choose
One
Dimension 1
Dimension 2
Dimension 3
Dimension 4
r/f
New Work 4
Maint ❑
Replace
❑ Y ON
x
L/
,
New Work ®
Maint ❑
Replace
❑ Y W N
/ p'
/l0 Kr p
New Work
Maint ❑
Replace
❑Y ON
' (x 6
S
,I
New Work
Maint❑
—Work
Man ❑ ®
Replace
❑Y ION
a®N ce
El Y—Wew
//�
%LX/IP
/ X��
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount)
I
W
Dredge ❑ Fill El Both El Other ®
CJ /�
I /�(/ R2-
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733-2293 :: 1-888-4RCOAST :: www.necoastalmanaeement. net revised: 02/26/18

Recommendations for State Permit- Spatholt Docking Facility Extension
The square footage of the proposed docking facility is calculated as follows:
Shoreline length = 256ft. x 8 sq. ft. = 2,048 sq. ft. allowable.
Existing:
Access Pier (From NHW) _ —385' x 6'= 2,310 sq. ft. (Credit) TO REMAIN
Total (Existing) = 2,310 sq. ft. (Credit)
Proposed:
Access Pier Extension = 6' x 77' = 462 sq. ft. (Credit)
Open Platform = 16' x 18' = 288 sq. ft.
Boathouse =14' x 30' = 420 sq. ft.
Floating Dock =12' x 16' =192 sq. ft.
Floating Dock = 7' x 14' = 98 sq. ft.
Total (Proposed) = 998 sa. ft.
Total Sq. Ft. for Docking Facility = 998 sq. ft.
The proposed development would provide docking space for a total of two vessels. The proposed docking facility
would extend approximately 191' beyond Coastal Wetlands to reach significantly deeper water throughout the tidal
cycle than in the existing location. The proposed docking facility extension would remain landward of the
established pier head line between 9269 Peakwood Dr. SW and 1324 Harbour Watch SW. The proposed pier would
also remain landward of the USACE 80' Federal Channel Setback, exceeding the'/4 width of the waterbody but not
the 1/3`d width (Approximately 32% of waterbody width). This distance would be CONSISTENT with NCAC 07H
.0208 (b)(6)(G) as well as the remaining use standards set forth in NCAC 07H .0208 (b)(6), including those which
dictate the maximum allowable platform area, the 15' riparian setback, and the Federal Channel Setback.

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Major Permit Fee Schedule
Project Name: County:
Check No & Amount:
* C1gS
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling o
$250
100% ($250)
0% ($0)
excavation of any wetlands o
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:

DCM Coordinator: Cam Luck
County:
Z
Circle o e: Bio Re ort / ermit for:
Oversize(an
an
WIRO E-MAIL DISTRIBUTION SHEET
Permit #: ' 6
G-I ka t+
DCM Offices
Morehead City: PT (if oversize) via Courier
*cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
*MHC documents (Cam & Amanda)i_
Wilmington: Original hard -copy
ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington:
nder & Carteret Co): PN, CL, Reports, Split Sheet _
use bothFeg
[e-mail] (NH/BR): PN, CL, Reports, Split Sheet_
Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources:
ley 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
--------- - --- -- ---
---------- -9
Marine Fisheries:
Kim Hardin
DCM PlannerfWiRO:
//Miike Christenbury _
Cultural Resources:
vR/ Gledhill -Earley Environmental.ReviewcDncdenrgov_
Natural Heritage Prog.
/enee
✓Roodney Butler
✓Mark
DCA-Rural Eco. Dev:
Ziegler _
NC DOT:
✓David Harris _
Wildlife Resources:
Iivlaria Dunn w/Reports
State Property Office:
Walton: DEED
'fke
Moser _
nda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
Jeremy Humphrey (Bio) /Shaun^^ '^uk'n8 (Pt)-_—
$I/ aron Gupton, Admin. _
DEMLR:
vC istine Hall - Stormwater Section _
•D/an Sams - Land Quality Section
Public Water Supply:
✓H eidi Cox
City of Wilmington:
Enforcement:
Co. LPO
Agent:
ath n h sr'ton`
Field Rep:
b.W2V
lb . P(k lei to S
DISTRIBUTED: �U ��

Major Permit Fee Schedule
Project Name: �1 County:
et��s�
Check No & Amount:
* CIgS
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling o
$250
100% ($250)
0% ($0)
excavation of any wetlands o
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:

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

October 21, 2022
Regulatory Division

Action ID No. SAW 2022-00886

Dean Spatholt
9229 Peakwood Drive, SW
Calabash, NC 28467

Dear Mr. Spatholt:

Reference your application for a Department of the Army permit to relocate your existing
L-head and two floating docks approximately 86 feet waterward of their current locations from
the current docking facility locations. The proposal is also to remove an existing elevator lift and
install a new boathouse. The site is located in Waters adjacent to the AIWW (northern bank) at
9229 Peakwood Drive SW, Sunset Beach, Brunswick County, NC.

The contractor will cut down the existing L-head to 6 feet wide and attach a new 6 feet by
77 feet access pier that will extend southeast and terminate with a relocated 16 feet by 18 feet L-
head. To the east of the relocated L-head, the proposal is to install a 14 feet by 30 feet boathouse
parallel with the shoreline. To the west of the relocated L-head, a gangway will lead to the
relocated 12 feet by 16 feet and 7 feet by 14 feet floating docks. The relocated docking facility
will terminate approximately 2 feet landward from the edge of the USACE Federal Channel
Setback. The docking facility extension and modification will result in the cover and shading of
1,460 square feet of estuarine Waters of the US.

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

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

-2-

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

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

Enclosures:

Plans
Manatee Guidelines
GP 291 conditions

Copies Furnished by Email (with enclosures):

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

-2-

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the submitted
plans, dated August 11, 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. The permittee must install and maintain, at his 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 the U.S. Coast Guard Marine Safety Office
at [phone].

3. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to ensure the
structure and moored boats will not be damaged by wave wash.
4. 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 [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

5. 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.

6. 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

7. The activity will 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.

-3-

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 athttp://www.fws.gov/nc-
es/mammal/manatee_guidelines.pdf.

9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre-project condition.

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.

Coast Guard Conditions

11. The authorized structure/construction must not interfere with federal Aids to Navigation.

12. The construction phase must not cause unacceptable interference with navigation or prevent
public use of AIWW.

13. The permittee must install and maintain at their expense any lights or signals prescribed by
USCG, through regulation or otherwise on the authorized facilities. At a minimum, permanent
reflectors should be attached to the structure in order to make more visible during hours of
darkness or inclement weather.

Permit Class Permit Number
NEW 80-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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

Excavation and/or filling pursuant to NCGS 113-229

Issued to Dean Spatholt, 9229 Peakwood Dr. SW, Calabash, NC 28467
Authorizing development in Brunswick County at adj. to AIWW, at 9229 Peakwood Dr. SW in
Calabash , as requested in the permittee’s application dated 9/13/21
(MP-1) and 2/2/22 (MP-4), including work plan drawings (2) Sheets 1-2 of 2 dated 8/11/21.
This permit, issued on August 3, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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

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

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

All work must cease when the permit expires on

December 31, 2027

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 Extension

1) This permit authorizes only the pier extension, relocation of two floating docks, boathouse, 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 does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 2 formalized boat slips.

(See attached sheets for Additional Conditions)

Dean Spatholt Permit No. 80-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the
federally maintained AIWW channel.

4) No portion of the authorized docking facility shall extend more than one third 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.

5) Should the Western Lot be sold prior to the initiation of construction of the docking facility, the
permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner’s riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.

6) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward. The footprint of the boathouse shall not exceed the dimensions on the
authorized workplans.

7) The roof of the boathouse shall not be designed for second story use.

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

9) The authorized structures and associated activities shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

10) 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.

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

12) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.

Sedimentation and Erosion Control

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

Dean Spatholt Permit No. 80-22
Page 3 of 3

ADDITIONAL CONDITIONS

14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

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

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

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

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20220408.

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

NOTE: An application processing fee of $250 was received by DCM for this project.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 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.