HomeMy WebLinkAbout77-22 Romine, Lucas & AshleyDIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Lucas and Ashley Romine
2. LOCATION OF PROJECT SITE: 824 N Anderson Blvd, adjacent to Banks Channel and
Topsail Sound, in Topsail Beach, Pender County.
State Plane Coordinates - Lat: 34°23'00.38"N Long: 77°36'31.12"W
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/1/22 and 3/2/22
Was Applicant Present — Yes (agent)
5. PROCESSING PROCEDURE: Application Received — 3/22/22
Completed — 3/22/22
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Topsail Beach
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes and No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - N/A
(F) Type of Structures: Existing — Bulkhead, concrete ramp and remnant pier pilings.
Planned — Bulkhead extension and nine -slip docking facility.
(G) Estimated Annual Rate of Erosion: N/A
Source— N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Mixed
coastal & 404-type)
645 sq. ft.
(404 type)
(B) Non -Vegetated Wetlands
600 sq. ft.
2,441 sq. ft.
(Open water)
(Concrete ramp
(incorporated)
removal
(C) Other
700 sq. ft.
(bulkhead backfill
(D) Total Area Disturbed: 4,386 sq. ft. (0.10 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
PROJECT SUMMARY: The applicant proposes to remove remnants of an old pier, remove an
existing concrete boat ramp, install a new section of bulkhead, fill approximately 645 sq. ft. of
"404" type wetlands (bulkhead backfill) and install two separate piers/docking facilities, creating
a total of nine (9) boat slips.
North Carolina Department of Environmental Quality I Divislon of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
Lucas and Ashley Romine
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 824 N. Anderson Blvd, adjacent to Banks Channel and Topsail
Sound, in Topsail Beach, Pender County. To locate the property from the WIRO office, take NC
Highway 17 north and turn right onto Highway 210 in Surf City. Take NC Highway 210 East
toward Topsail Island and stay right at the roundabout toward Topsail Beach. The subject
property will be located approximately 4.75 miles from the Surf City roundabout, on the right
hand side of road, at 824 N. Anderson Blvd.
The property consists of a 1.64 acre parcel that is situated on land that is approximately 0-12 feet
above mean high water (MHW) and is vegetated primarily with Live Oak and scrub vegetation.
With exception of the existing concrete boat ramp, remnant pier pilings and bulkhead, no other
man-made features exist on the property. The highground portion of the shoreline is partially
contained by a vinyl bulkhead, which is situated above (landward) of the adjacent wetlands.
Below the wall, "404 type" and coastal wetlands extend waterward, a distance approximately 3-
35 linear feet. Groundsel bush (Baccharis halimifolia) and Bulrush (Scirpus spp.) are among the
species that vegetate the area immediately waterward of the transition zone. Waterward of this
zone, Smooth Cordgrass (Spartina alterniflora) is the predominant species. In this location, the
width of the waterbody measures approximately 975' from marsh to marsh, and the near shore
edge of the federally maintained channel is approximately 175' beyond the edge of the existing
bulkhead. Although submerged aquatic vegetation (SAV) is present along certain areas of the
western shoreline of Surf City and Topsail Beach, no SAV was observed in the proposed project
area, during neither site visit.
The waters of Banks Channel are classified SA by the Division of Water Quality. The project
area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries and is OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to remove remnants of an old pier, remove an existing concrete boat
ramp, install a new section of bulkhead, fill approximately 645 sq. ft. of "404" type wetlands
(bulkhead backfill) and install two separate piers/docking facilities, creating a total of nine (9)
boat slips.
As proposed, the applicant is requesting authorization to remove several old pilings located
adjacent to the boat ramp, along the waters edge. This demolition would occur in tandem with
removal of the existing concrete ramp located on the southwest corner of the property.
According to the application package, the boat ramp would be broken up, in place and removed
(via excavator) to high ground where it would be loaded onto dump truck and transported to the
New Hanover County landfill. The applicant has provided the dimensional impacts associated
with removal of the boatramp and the total disturbed area is approximately 600 sq. ft. (300 below
normal high water and approximately 300 above normal high water).
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
Lucas and Ashley Romine
Page 3
There are Coastal Wetlands bordering the boatramp on both sides and the applicant indicates that
the any disturbed area will be replanted with compatible species.
Following demolition of the boatramp, the applicant proposes to extend the existing bulkhead in
a southern direction, taking it to the property line, where it would then turn 90 degree and span
back toward N Anderson Blvd. In total, approximately 85 linear feet of new vinyl bulkhead
would be installed along the southwestern comer of the property. Based on the site plan
drawings, the proposed bulkhead would be installed landward of any Coastal Wetlands.
However, it would be located waterward of "404" type wetlands. As a result, approximately 645
sq. ft. of "404" type wetlands would be filled as a result of the bulkhead portion of the project.
Additional water dependent development would consist of the installation of two separate
piers/docking facilities, and for simplicity, this field investigation report will refer to those
facilities as the "north" pier and "south" pier.
The northern pier/docking facility would originate from the bulkhead and would consist of a 6' x
77' access pier that would extend out into Banks Channel. As designed, a 5' x 5' landing would
provide access to a 6' x 12' section of floating dock (slip 1) would be located on the northern
side of the pier (approximately half way down) and a 13' x 13' boatlift (slip 2) would be located
just waterward of the floating dock, near the terminal end of the pier. Along the southern side of
the northern pier, the applicant proposes to install another boatlift at the pier terminus (slip 3), as
well as a 6' x 37' finger pier, that would run parallel to the shoreline and span toward the south.
The finger pier would provide access to a 6' x 30' section of floating dock (slips 4 and 5), that
would run perpendicular to the shoreline. Water depths in the vicinity of the northern
pier/docking facility range from -1.8' to -3.6' @ NLW. Additionally, the northern docking
facility would be located within the established pier -head alignment along this section of
shoreline.
The southern pier/docking facility would also originate from the bulkhead and would consist of a
6' x 92' access pier. Along the central section of this pier (on the northern side), the applicant
proposes to install a 13' x 13' boatlift (slip 9), and further west (at the pier terminus) the
applicant proposed to install another 13' x 13' boatlift (slip 6). Along the southern side of the
southern pier, the applicant proposes to install a 5' x 5' landing that would provide access to a 6'
x 18' section of floating dock (slip 8) and another 13' x 13' boatlift (slip 7). Water depths in the
vicinity of the southern pier/docking facility range from -1.9' to -3.6' @ NLW. Additionally, the
southern docking facility would be located within the established pier -head alignment along this
section of shoreline.
As proposed, the docking facilities would be located within the applicant's riparian corridor, just
outside of the riparian corridor setback (i.e. no waivers required).
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
gio.796.7215
Lucas and Ashley Romine
Page 4
10. ANTICIPATED IMPACTS
The proposed docking facilities would result in the incorporation of approximately 2,441 square
feet of Estuarine Waters and Public Trust Area. No impacts to Coastal Wetlands or any SAV
should be impacted as a result of the project; however, approximately 645 sq. ft. of "404" type
wetlands would be filled as result of bulkhead installation (backfill). The proposed development
would be located outside of the adjacent 15' riparian corridor setbacks on both sides and would
be constructed outside of the federal channel setback, within'/4 of the width of the waterbody and
within the established pier -head line. Turbidity associated with removal of the boat ramp and old
pier pilings, as well as the new piling installation should be kept to a minimum. It should be
noted that no additional upland development is being proposed at this time.
Submitted by: Jason Dail Date: 3/31/2022 Office: Wilmington
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
4. DCM MP-1 Section 6.0 Additional Information
4.1 Section 6. a. Project Narrative
4.1.1 Project Location and Existing Conditions
The project is adjacent to the Intracoastal Waterway 824 N Anderson Boulevard on Topsail Island, Pender
County. The property is wooded and undeveloped. There is an existing bulkhead and concrete boat ramp
constructed under unknown permit numbers. Water depths were provided by the client, taken on October 15,
2021 relative to Normal Low Water. Structures and site features were located by Charles F. Riggs and Associates,
Inc. on May 4, 2021. Coastal Wetlands and 404 Wetlands were delineated by Needham Environmental, Inc. and
approved by USACOE on September 9, 2021. Normal High Water was delineated by Davey Resource Group, Inc.
and approved by DCM staff on February 2, 2022. See Appendix B for details. Waters in the project area are
classified as SA HQW and are open to shellfishing. The area is not a primary nursery area.
4.1.2 Proposed Action
The applicant proposes removing remnants of the previous fixed pier and the existing concrete boat ramp. The
previous docking facility was constructed under an unknown permit number and contains -12 remnant pilings.
The existing concrete ramp is located on the northwest portion of the property and was also constructed under
an unknown permit number. Total area of the existing concrete boat ramp to be removed is -600 square feet.
At approximately 0.5' thick, the total approximate excavated material is 11 cubic yards. A total of -330 square
feet of the concrete boat ramp is below Normal High Water and -270 square feet is above Normal High Water.
Of the -270 square feet of boat ramp above Normal High Water, -67 square feet are in uplands, -145 square
feet in 404 wetlands, and -58 square feet are in coastal wetlands. The remnant pilings and excavated concrete
will be disposed at the New Hanover County landfill by the contractor and will not require written permission.
There is no backfill proposed below Normal High Water.
The applicant also proposes construction of two fixed piers with floating docks, boatlifts, and a double jet ski
lift. The entire proposed docking facility will have five boatlifts, one double jet ski lift, and three temporary tie
up wet slips. The proposed southwest fixed pier will measure 92' long x 6' wide, contain two 12.5' x 12.5' (13,000
lb. capacity) boatlifts, a 12.5' x 12.5' (13,000 lb. capacity) double jet ski lift, and a 4' long x 6' wide ramp landing
platform which leads to an 18' long x 6' wide floating dock containing one temporary tie up wet slip. The 92'
long fixed pier will shade approximately 82 square feet of coastal wetlands. The proposed northeast fixed pier
will measure 77' long x 6' wide, contain one 12.5' x 12.5' (13,000 lb. capacity) boatlift, one 16' x 14.5' (24,000
Ib. capacity) boatlift, and a 4' long x 6' wide ramp landing platform which leads to a 12' long x 6' wide floating
dock containing one temporary tie up wet slip. The 77' long fixed pier will shade approximately 12 square feet
of coastal wetlands. A fixed finger measuring 37' long x 6' wide will lead to a 31' long x 6' wide floating dock
containing one 12.5' x 12.5' (13,000 lb. capacity) boatlift and one temporary tie up wet slip. The boat lifts and
slips are structured to maximize potential docking capacity while still allowing public waters access to the
interior of the proposed fixed piers. All fixed piers will be constructed with a minimum 3' clearance between
the existing grade and bottom deck board.
An 85' long x 1' wide concrete bulkhead is proposed 1' above (landward) of the coastal wetland line before
turning southeast along the southwest property boundary, terminating approximately 5' beyond the 404-
wetland boundary. The proposed concrete bulkhead will tie to the existing concrete bulkhead for aesthetic and
functional consistency. Approximately 645 square feet of 404 wetlands (including -145 square feet of existing
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
15
2 2022
concrete ramp to be removed) will be backfilled with sand. The purpose of the impact is to remove the degraded
ramp, backfill and stabilize the bulkhead, and improve drainage for the southwest neighbor. Additionally, fill
will help to stabilize a large Sand Live Oak tree located in this area. It should be noted that after bulkhead
construction and concrete ramp removal, —292 square feet of removed concrete boat ramp will revert to coastal
wetlands.
Length of shoreline at Normal High Water is 138' and was approved by DCM staff on February 2, 2022.
Preliminary Jurisdictional Wetland Determination issued on September 9, 2021. USACOE Staff approved
wetlands as flagged on March 2, 2022. There is no upland work proposed on the property. See Appendix A for
details.
The proponent hereby certifies that all information contained herein is true, accurate, and complete to the best
of my knowledge and belief. The project proponent hereby requests that the certifying authority review and
take action on this CWA 401 certification request within the applicable reasonable period of time.
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
MAR 2 2 2022
:T
16
DAVEY�. `
Resource Group
March 22, 2022
TO: Jason Dail
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 824 N Anderson Blvd
CAMA Major Permit Request
Jason,
On behalf of Lucas Romine, please find enclosed a CAMA Major Permit request for the 824 N
Anderson Boulevard West Project located adjacent to the Intracoastal Waterway, Topsail Beach,
Pender County, North Carolina. Specifics of the proposed work involve removing remnants of the
previous fixed pier and concrete boat ramp, and construction of two fixed piers with floating
docks, boatlifts, and a double jet ski lift. Also proposed is installation of a bulkhead. No slips
currently exist on the property, and a total of 9 slips are proposed. Adjacent riparian notifications
have been sent by certified mail and the green delivery card / USPS website delivery confirmations
will be forwarded when received.
Please let me know if you have any questions or need anything in addition to accept the
application as complete.
Sincerely,
t �
i
Andy Dortch
Davey Resource Group, Inc.
Enclosures: CAMA Application; Supporting Documents; 400$ Major Permit Fee Check
cc: Lucas Romine
wvviv.davep.com • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
Cf't< Itltl``;
MAR 2 2 2022
1. Form DCM-MP-1
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)
n/a
824 N Anderson Blvd
Applicant 1: First Name
MI
Last Name
Lucas
B
Romine
Applicant 2: First Name
MI
Last Name
Ashley
J
Romine
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
58 Bella Casa Way
n/a
Clayton
NC
ZIP
Country
Phone No.
FAX No.
27527
USA
919-717-3122
n/a
Street Address (if different from above)
City
State
ZIP
824 N Anderson Blvd
Topsail Island
NC
28445
Email
lucasromine@gmall.com
2. AgenUContractorInformation
Business Name
Davey Resource Group, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
William
A
Dortch
Agent/ Contractor 2: First Name
MI
Last Name
Greg
n/a
Finch
Mailing Address
PO Box
City
Slate
3805 Wrightsville Avenue, Suite 15
n/a
Wilmington
NC
ZIP
-Phone No. 1
Phone No. 2
28403
910-452-0001
ext. n/a
n/a ext. n/a
FAX No.
Contractor #
910-452-0060
n/a
Street Address (if different from above)
City
State
ZIP
NA
Email
William.dortch(o)davev.com ; greo.finch(a)davev.com
ri Cls Cr V LL/
MAR 2 2 N22
Application for Major Development Permit — March 2022
824 N Anderson Blvd DU1111 UVI La I i!!"l C"I`C� N'
Topsail Island, Pender County, North Carolina 2
3. Project Location
County (can be multiple)
Street Address
Stale Rd. #
Pander
824 N Anderson Blvd
n/a
Subdivision Name
City
State
Zip
N/A
Topsail Island
NC
28445
Phone No.
Lot No.(s) (if many, attach additional page with list)
n/a
NA
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
AIWW
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.
Topsail Beach / Pender County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
138' @ NHW
1.64 +/- acres
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
n/a
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
0-12' ®NHW or ❑NWL
e.
Vegetation on tract
Typical coastal shrubs and trees exist on the tract.
f.
Man-made features and uses now on tract.
There is a bulkhead and concrete boat ramp currently located on the property.
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Residential homes and docking facilities.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Incorp
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Has a 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 National ❑Yes ®No ❑NA
Register listed or eligible property?
ZU22
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina C) 3
M. (i) 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) PRELIMINARY JURISDICTIONAL DETERMINATION
ISSUED SEPTEMBER 9, 2021. NHW APPROVED BY DCM STAFF ON FEBRUARY 2, 2022.
USACE APPROVED WETLANDS AS FLAGGED ON MARCH 2, 2022. SEE APPENDIX A
FOR DETAILS.
n. Describe existing wastewater treatment facilities.
None onsite. Septic in vicinity
o. Describe existing drinking water supply source.
Municipal
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Governmenl
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of the project is to remove the existing pier remnants and concrete boat ramp, install a concrete bulkhead tied to
the existing bulkhead, install fixed piers and floating docks, install boatlifts and a double jet ski lift to provide water access to
the property.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Typical dock and bulkhead construction methods and equipment will be used. Equipment will be stored on site, if needed.
MAR 2 2 ZN?
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
d. List all development activities you propose.
The applicant proposes removing remnants of the previous fixed pier and the existing concrete boat ramp. The previous docking
facility was constructed under an unknown permit number and contains -12 remnant pilings. The existing concrete ramp is
located on the northwest portion of the property and was also constructed under an unknown permit number. Total area of the
existing concrete boat ramp to be removed is -600 square feet. At approximately 0.5' thick, the total approximate excavated
material is 11 cubic yards. A total of -330 square feet of the concrete boat ramp is below Normal High Water and -270 square
feet is above Normal High Water. Of the -270 square feet of boat ramp above Normal High Water, -67 square feet are in
uplands, -145 square feet in 404 wetlands, and -58 square feet are in coastal wetlands. The remnant pilings and excavated
concrete will be disposed at the New Hanover County landfill by the contractor and will not require written permission. There
is no backfill proposed below Normal High Water.
The applicant also proposes construction of two fixed piers with floating docks, boatlifts, and a double jet ski lift. The entire
proposed docking facility will have five boatlifts, one double jet ski lift, and three temporary tie up wet slips. The proposed
southwest fixed pier will measure 92' long x 6' wide, contain two 12.5' x 12.5' (13,000 lb. capacity) boatlifts, a 12.5' x 12.5'
(13,000 lb. capacity) double jet ski lift, and a 4' long x 6' wide ramp landing platform which leads to an 18' long x 6' wide floating
dock containing one temporary tie up wet slip. The 92' long fixed pier will shade approximately 82 square feet of coastal
wetlands. The proposed northeast fixed pier will measure 77' long x 6' wide, contain one 12.5' x 12.5' (13,000 lb. capacity)
boatlift, one 16' x 14.5' (24,000 lb. capacity) boatlift, and a 4' long x 6' wide ramp landing platform which leads to a 12' long x
6' wide floating dock containing one temporary tie up wet slip. The 77' long fixed pier will shade approximately 12 square feet
of coastal wetlands. A fixed finger measuring 37' long x 6' wide will lead to a 31' long x 6' wide floating dock containing one
12.5' x 12.5' (13,000lb. capacity) boatlift and one temporary tie up wet slip. The boat lifts and slips are structured to maximize
potential docking capacity while still allowing public waters access to the interior of the proposed fixed piers. All fixed piers will
be constructed with a minimum 3' clearance between the existing grade and bottom deck board.
An 85' long x 1' wide concrete bulkhead is proposed 1' above (landward) of the coastal wetland line before turning southeast
along the southwest property boundary, terminating approximately 5' beyond the 404-wetland boundary. The proposed
concrete bulkhead will tie to the existing concrete bulkhead for aesthetic and functional consistency. Approximately 645 square
feet of 404 wetlands (including -145 square feet of existing concrete ramp to be removed) will be backfilled with sand. The
purpose of the impact is to remove the degraded ramp, backfill and stabilize the bulkhead, and improve drainage for the
southwest neighbor. Additionally, fill will help to stabilize a large Sand Live Oak tree located in this area. It should be noted
that after bulkhead construction and concrete ramp removal, -292 square feet of removed concrete boat ramp will revert to
coastal wetlands.
Length of shoreline at Normal High Water is 138' and was approved by DCM staff on February 2, 2022. Preliminary Jurisdictional
Wetland Determination issued on September 9, 2021. USACOE Staff approved wetlands as flagged on March 2, 2022. There
is no upland work proposed on the property. See Appendix A for details.
e. Are the proposed activities maintenance of an existing project, new work, or both? New
f. What is the approximate total disturbed land area resulting from the proposed project? -1,156 NSq.Ft or ❑
Bulkhead construction, boat ramp removal
above and below NHW, 404 wetland fill,
fixed pier construction above bulkhead
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes NNo ❑NA
that the public has established use of?
In. Describe location and type of existing and proposed discharges to waters of the state.
No new discharges.
I. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes NNo ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No NNA
j. Is there any mitigation proposed? ❑Yes NNo ❑NA
If yes, attach a mitigation proposal.
RE-cf_ffJL. )
MAR 2 2 2022
Application for Major Development Permit- March 2022 I\rC;
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina 5
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 lobe complete. Items (a) — (n are always applicable to any major development application. Please consult the application instruction
booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name BILHEIMER, ROGER Phone No. NA
Address 820B N ANDERSON BLVD, TOPSAIL ISLAND NC 28445
Name STEWART, LINDA Phone No. NA
Address 23 BENTGRASS LN, DURHAM NC 27705
Name Phone No. NA
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Unknown
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
F
signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. Ifthe project involves expenditure of
ublic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
MAR 2
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina 6
1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application. The
project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the
aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date: 3/21/2022 Print Name: Andy Dortch, Agent, Davey Resource Group, Inc.
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
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Fender County, North Carolina
MAR 2 2 2022
... ..... . .....
7
2. Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Access
Other (excluding
Channel
Canal
Boat
Boat
Rock
Rock
shoreline
(NLW or
Basin
Ramp
Groin
Breakwater
stabilization)
NWL)
Length
Width
Avg. Existing
Depth
NA
NA
Final Project
Depth
NA
NA
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Existing concrete boat ramp
—6 cu vd of concrete boat ramp: —330 sa ft below NHW
x 0.5'thick
c. (1) Does the area to be excavated include 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.
ECW 292 sc ft concrete ❑SAV ❑SB
®WL 146 sa ft concrete []None
(ii) Describe the purpose of the excavation in these areas:
Removal of existing concrete boat ramp
d. High -ground excavation in cubic yards.
—5 cu vd of concrete boat ramp: —270 sa ft above
NHW x 0.5' thick
12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area.
New Hanover County Landfill
c. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner.
Public access
e. (i) Does the disposal area include any 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
(ii) Describe the purpose of disposal in these areas:
rue
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
b.
41100 x —6300 feet
area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ®NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes, how much water area is affected?
n/a
MAR 2 2 2022
0
3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4 - Structures)
a. I ype of shoreline stabilization:
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL: n/a. bulkhead to be
Placed 1' above (landward) coastal wetland line
e. Type of stabilization material:
Concrete to be backfilled with sand
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill n/a Riprap
Breakwater/Sill Other
i. Source of fill material.
Sand mine or other upland source
b. Length: -85
Width: 1'
d. Maximum distancewaterward of NHW or NWL: n/a. bulkhead to be
Placed 1' landward of coastal wetland line
f. (i) Has there been shoreline erosion during preceding 12 months?
❑Yes ®No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
Sand
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be olaced in coastal wetlands/marsh (CM.
If yes,
(ii) Amount of material to be placed in the water: 0 sg ft
(iii) Dimensions of fill area: irregular. -645 sq ft
(iv) Purpose of fill
Approximately 645 square feet of 404 wetlands (including -145
square feet of existing concrete ramp to be removed) will be
backfilled with sand. The purpose of the impact is to remove the
degraded ramp, backfill and stabilize the bulkhead and improve
drainage for the southwest neighbor. Additionally, fill will help to
stabilize a large Sand Live Oak tree located in this area It should
be noted that after bulkhead construction and concrete ramp
removal -292 square feet of removed concrete boat ramp will
revert to coastal wetlands.
Application for Major Development Permit - March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
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 -507 sg ft wetlands. total -645 sg ft ❑None
(ii) Describe the purpose of the fill in these areas:
The purpose of the impact is to remove the degraded ramp
backfill and stabilize the bulkhead, and improve drainage for the
southwest neighbor. Additionally, fill will help to stabilize a large
Sand Live Oak tree located in this area. It should be noted that
after bulkhead construction and concrete ramp removal -292
square feet of removed concrete boat ramp will revert to coastal
wetlands.
MAR 2 2 2022
0
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Silt fence or typical erosion control measures
b. What type of construction equipm
backhoe, or hydraulic dredge)?
Sackhoe and other typical bulkhead and dock construction
equipment
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes ®No ❑NA site? ❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
n/a environmental impacts. n/a
March 21, 2022
Date
824 N Anderson Blvd
Project Name ,
Andy Dortch, Agent Davey Resource Group, Inc.
Applicant Naamee�y ��
/ 1� D04d
Applicant Signature
Application for Major Development Permit— March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
MAR 2 2 2022
10
3. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Government ®Private/Community
c. (1) Dock(s) and/or pier(s)
(ii) Number 2 Fixed Piers, 3 Floating Docks
(iii) Length 92' : 77' : 18' : 30' 12'
(iv) Width 6' : 6' : 6' : 6' : 6'
(v) Floating ®Yes NNo
e. (i) Are Platforms included? ®Yes ❑No
If yes:
(ii) Number 2 uncovered platforms (landings for access ramps)
(iii) Length 4'
(iv) Width 6'
(v) Floating []Yes NNo
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
9 (5 boatlifts. 1 double met ski lift. and 3 wet slip tie ups)
(ii) Number of slips existing
none
I. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
NOpen water; no dredging required
❑Other; please describe:
k. Typical boat length: 30'
m. (i) Will the facility have tie pilings?
❑Yes NNo
(ii) If yes number of tie pilings?
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
El This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes NNo
d. (i) Are Finger Piers included? ®Yes ❑No
If yes:
(ii) Number 1 Fixed Finger
(iii) Length 37'
(iv) Width 6'
(v) Floating ❑Yes NNo
f. (i) Are Boatlifts included? NYes ❑No
If yes:
(ii) Number 6 proposed boatlifts
(iii) Length 12 5'' 12.5' : 12.5' : 12.5' 12.5' ; 14.5'
(iv) Width 12.5' : 12.5' : 12.5' ; 12.5' 12.5' : 16'
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
N Dockage ("wet slips") only, number of slips: 3 proposed wet slips
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
N Other, please describe: 6 total - 4 Proposed boatlifts (12.5' x
12.5' on center). 1 proposed boatlift (16' x 14.5' on center)-1
proposed double iet ski lift (12.5' x 15.5' on center)
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
Open runabout, large center console and sportfishing
vessels
I. (i) Will the facility be open to the general public?
❑Yes NNo
MAR 22 2022
11
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:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
[]Yes ❑No
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
OWL _ ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? [-]Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
MAR 2 2 2022
12
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubliGGovernment ❑Private/Community
(ii) Number
(iii) Length _
(iv) Width
Note: Roofed areas are calculated from dripme dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(it) 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 ❑PubliGGovernment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing _
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
MAR 2 2 2022
13
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
—15' Southwest riparian corridor; —15' Northeast riparian —54' Southwest docking facility; —14' Northeast docking
corridor facility (resulting from DCM approved riparian corridor)
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
—925'
e. (i) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(it) If yes, explain what type and how they will be implemented.
NA
d. Water depth at waterward end of structure at NLW or NWL
—5' NLW existing
8. OTHER ®This section not applicable
a. Give complete description:
March 21, 2022
Date
824 N Anderson Blvd
Project ame
Andy Dortch, Agent Davey Resource Group, Inc.
Applicant Name
A414 I
Applicant Signature
MAR 2 2 2022
Application for Major Development Permit — March 2022
824 N Anderson Blvd
Topsail Island, Pender County, North Carolina 14
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Davey Resource Group, Inc.
C/o Andy Dortch
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
Dear Mr. Dortch:
NORTH CAROLINA
Environmental Quality
March 31, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, requesting
authorization under the Rules of the N.C. Coastal Resources Commission for development activities 824 N.
Anderson Blvd., adjacent to Topsail Sound, in Topsail Beach, Fender County. It was received as complete on
March 22, 2022 and appears to be adequate for processing at this time. The projected deadline for making a
decision on your permit application is June 5, 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 22, 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 comm/ents from reviewing agencies.
erel�
on Dail
ield Representative
cc: WiRO - file
Liz Hair, USACE
Holley Snider, DWR
Applicant: Lucas and Ashley Romine, 58 Bella Casa Way, Clayton, NC 27527
om,+mm u.m.�waw�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office i 127 Cardinal Drive Extension [ Wilmington, North Carolina 28405
910796.7215
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March 31, 2022
GanLegPubNotices@gannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice:
• Lucas & Ashley Romine
Hello: Please publish the attached Notice in the Monday, April 4, 2022 issue.
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director, Division ofCoasml 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 matter.
Permitting Support & Customer Assistance
cc: Cameron Luck - MHC
WIRO file
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following application was submitted for a development permit in an Area of Environmental
Concern as designated under the CAMA: On March 31, 2022, Lucas & Ashley Romine proposed to remove
remnants of an old pier & boat ramp then install a new section of bulkhead resulting in associated 404
wetland fill & two separate piers creating a total of nine (9) boat slips at 824 NAnderson Blvd, adj. to the
Banks Channel in Topsail Beach, Pender County. A copy of the application can be examined or copied at
the office of Jason Dail, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal
Drive Ext., Wilmington, NC 28405, (910-796-7221) 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 25, 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:
Lucas Romine
58 Bella Casa Way
Clayton, NC 27527
Phone Number:
919-717-3122
Email Address: lucasromine@gmail.com
I certify that I have authorized Davey Resource Group, Inc.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
for docks and lifts
at my property located at 824 N Anderson Blvd
in Pender
County.
CAMA Major permit
I furthermore certify that l am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
Lucas B. Romine
Print or Type Name
Property Owner
Title
3 I20 I2022
Date
Ii�,I '),,, V/
This certification is valid through 12 /31 /2023
DAVEYa
Resource Group
March 10, 2022
BILHEIMER, ROGER
820 B N ANDERSON BLVD
TOPSAIL BEACH, NC 28445
To Whom It May Concern:
Lucas B. Romine and wife, Ashley Jackson Romine are applying for a CAMA Major Permit on the property
located at 824 North Anderson Boulevard, Topsail Beach, Pender County, North Carolina. Specifics of the
proposed work involve removing remnants of the previous fixed pier and concrete boat ramp, and
construction of two fixed piers with floating docks, boatlifts, and a double jet ski lift. Also proposed is
installation of a bulkhead as depicted on the enclosed Plan View drawing.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the attached
permit drawing. Should you have any objections to this proposal, please send your written comments
within 30 days of your receipt of this notice to:
Jason Dail
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
William.dortch@davey.com
Sincerely,
ti
Andy Dortch, Agent
Davey Resource Group, Inc.
Enclosures
www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
MAR 22 °JW
DAVEY �`
MR-
f
Resource Group
March 10, 2022
STEWART, LINDA
826 B N ANDERSON BLVD
TOPSAIL BEACH, NC 28445
To Whom It May Concern:
Lucas B. Romine and wife, Ashley Jackson Romine are applying for a CAMA Major Permit on the property
located at 824 North Anderson Boulevard, Topsail Beach, Pender County, North Carolina. Specifics of the
proposed work involve removing remnants of the previous fixed pier and concrete boat ramp, and
construction of two fixed piers with floating docks, boatlifts, and a double jet ski lift. Also proposed is
installation of a bulkhead as depicted on the enclosed Plan View drawing.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the attached
permit drawing. Should you have any objections to this proposal, please send your written comments
within 30 days of your receipt of this notice to:
Jason Dail
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C.28405-3845
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
W illiam.dortchPdavev.com
Sincerely,
i
r:
i �nP� 3esV.�
Andy Dortch, Agent
Davey Resource Group, Inc.
Enclosures
www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
MAR 2 2 H22
DAVEY
Resource Group
March 10, 2022
STEWART, LINDA
23 BENTGRASS LN
DURHAM, NC 27705
To Whom It May Concern:
Lucas B. Romine and wife, Ashley Jackson Romine are applying for a CAMA Major Permit on the property
located at 824 North Anderson Boulevard, Topsail Beach, Pender County, North Carolina. Specifics of the
proposed work involve removing remnants of the previous fixed pier and concrete boat ramp, and
construction of two fixed piers with floating docks, boatlifts, and a double jet ski lift. Also proposed is
installation of a bulkhead as depicted on the enclosed Plan View drawing.
As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the
development in order to give you the opportunity to comment on the project. Please review the attached
permit drawing. Should you have any objections to this proposal, please send your written comments
within 30 days of your receipt of this notice to:
Jason Dail
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Comments will be considered by the NC Department of Coastal Management in reaching a final decision
on the application. No comment within 30 days of your receipt of this notice will be considered as no
objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at
W illia m.dortch (a)davev.com
Sincerely,
I
c.
Andy Dortch, Agent
Davey Resource Group, Inc.
Enclosures
www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
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UNITED S'MTE.S
POSTAL SERVIC .
WRIGHTSVILLE BEACH
206 CAUSEWAY DR
WRIGHTSVILLE BEACH, NC 28480-1748
(800)275-8777
03/21/2022 11:47 AM
Product Oty Unit Price
Price
First -Class Mall® 1 $1.76
Large Envelope
Holly Ridge, NC 28445
Weight: 0 to 3.70 oz
Estimated Delivery Date
Certified Mai 10 ',i $3.75
Tracking R: \
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Return Receipt $3.05
Tracking d:
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Total $8,56
Mai 10 1 $1.76
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Date
Certified Mail® n / $3.75
Tracking 4: lx-
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Return Receipt $3.05
Tracking k:
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Total $8.56
Grand Total: $17.12
Credit Card Remitted $17.12
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eligible to receive a second set
of 4 free test kits.
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Clerk: 09
VIV 2 2 q '
November 2, 2020
Mr. Jason Dail
Senior Field Representative
Division of Coastal Management
127 Cardinal Drive
Wilmington, NC 28405
Dear Mr. Dail:
RECEIVED
NOV 0 4 2020
DCM WILMINGTON, NC
Enclosed are the following items that 1 received via US Mail at my home in Durham, NC on October 28,
2020:
• Letter from Mr. Hal Fogleman, Allied Marine Contractors, L.L.C.
• Division of Coastal Management Adjacent Riparian Property Owner Notification/Waiver Form.
Property Address: 824 N. Anderson Blvd., Topsail Beach, NC 28"S
• Sketch of the proposed project titled "Lucas Romine Bulkhead"
i am concerned that the proposed project may alter surface water flow traveling from 824 N.
Anderson Blvd. onto my property, 826E N. Anderson Blvd,, and ultimately into the estuary, potentially
damaging the condition of my property and/or use and enjoyment of my property.
Therefore, I object to the proposed project based on the limited information presented by Allied
Contractors, L.L.C. 1 am happy to reconsider my position once the contractor or property owner
presents an engineered site plan that includes analysis and assurances regarding the anticipated effect
this project will have on surface water flow onto my property and into the estuary.
Sincerely,
Linda T. Stewart
23 Bentgrass Lane
Durham, NC 27705
Cell: 919-516-6566
Cc: Hal Fogleman
Allied Marine Contractors, L.L.C.
92 Harold Ct.
Hampstead, NC 28443
Dr, Lucas Romine
58 Sella Casa Way
Clayton, NC 27527
Enclosures
RECEIVED
0V 0 4 M0
DCM WILMINGTON, NC
�� S
DIVISION OF COASTALNOV 0' 2020
ADJACENT RIPARIAN PROPERTY
OWNER NOTIFICATIONI"APARMNNGTON,
Norm of Property owner/
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herebyown Property ad
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Name l
T Rktmb•rltmeorAddress
r3�rp
(R&v4sd Aug. 2014)
Allied Marine Contractors, L.L.C.
92 Harold Ct.
Hampstead, NC 28443
NCGCL#60992
!Fully Insured
Randy Mosley Hal Fogleman
(910)232 2530 (910)36' 2159
10-22-20
Linda Stewart
23 Bentgrass Ln
Durham, NC 27705
Ms. Stewart,
RECEIVED
NOV 0 4 2020
DCM WILMINGTON, NC
Your neighbor at Topsail, Lucas Romine, plans to get started on the property
improvements this winter. The first stage will be the removal of the existing concrete
boat ramp and extension of the existing bulkhead to the South property line and then back
along the property line back towards the road.
You're being notified of this work as required by LAMA since you are an adjacent
Property owner.
Please review the attached sketch and let me know if you have any questions or concerns.
Please also sign and return the attached CAMA Adjacent property owner notification
form in the enclosed envelope.
Thanks for your attention to this matter.
✓I\-l/VV 1 V IJVV - IJVL `J/ ✓V LVVVVvU
This Document eRecorded: 03/13/2020 01:52:32 F
Fee: $26.00 DocType: DEED Tax: $2,850.0
Pender County, North Carolina
Sharon Lear Willoughby, Register of Deeds
NORTH CAROLINA GENERAL WARRANTY DEED
ExciseTax: 00
Parcel Identifier No: 4213-93-8441-0000 Verified by County on the _ day of .20
-Mail/Box to: Rizzo & Blackburn. PLLC,115 Triton Lane, Surf City NC 28445
This instrument was prepared by: Rizzo & BlackburnPLLC 115 Triton Jane Surf City, NC 28445
Brief description for the
THIS DEED made this 28th day of February , 2020 , by and between
Keller Holdings, LLC
621 Steeplechase Court
Reno, NV 89521
Lucas B. Romine and wife, Ashley Jackson Romine
58 Bella Casa Way
Clayton, NC 27527
Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g.
corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular,
plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by
these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit
situated in the City of Topsail Beach Topsail Township, Pender County,
North Carolina and more particularly described as follows:
See Exhibit "A" attached hereto and incorporated herein by reference
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2681 page 112
All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor.
A map showing the above described property is recorded in Plat Book page MAR 2 2 202Z
Pagge 1 of 2
NC Bar Association Form No. 3 ® 1976. Revised 6 1977, 2002. 2013
Printed by Agreement with the NC Bar Association —1981
This standard form has been approved by:
North Carolina Bar Association —NC Bar Form No. 3
submitted electronically by "Rizzo & Blackburn, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Pender county Register of Deeds.
EXHIBIT"A"
BEGINNING at a point in the center line of NC Hwy 50 (N. Anderson Boulevard), which point
is South 53 degrees 52 minutes 20 seconds West 510.53 feet from the intersection of NC Hwy 50
and Sunset Avenue, and running thence with the center line of NC Hwy 50, South 53 degrees 10
minutes 10 seconds West 137.81 feet to a point in the center line of NC Hwy 50; thence North 35
degrees 24 minutes 00 seconds West 30.03 feet to a point in the northern right of way of NC
Hwy 50; thence leaving NC Hwy 50, North 35 degrees 24 minutes 00 seconds West 569.58 feet
to a point; thence North 71 degrees 18 minutes 50 seconds East 145.07 feet to a point; thence
South 35 degrees 15 minutes 40 seconds East 276.64 feet to a point thence South 35 degrees 17
minutes 00 seconds East 247.77 feet to a point in the northern right of way ofNC Hwy 50;
thence South 35 degrees 17 minutes 00 seconds East 30.03 feet to the point and place of
beginning, containing 75,688 square feet, more or less, according to a survey prepared by Mark
Padgett Surveying dated April 15, 2005.
MAR 2 2 2022
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever, other than the following exceptions:
Subject to easements, restrictions and rights of way ofrecord, if any.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
KefferHoldines LLC (SEAL)
Print/Type Name:
Print/Type, Name & Title: G
Print/Type Name &
By:
Print/Type Name &
Print/Type
Print/Type
(SEAL)
Print/Type Name:
state or - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of
, 20_.
My Commission Expires:
(Affix Seal)
Notary's Printed or Typed Name
Public
state or - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein expressed. Witness myhand and Notarial stamp or seal this —day of
, 20_
My Commission Expires:
(Affix Seal)
State of Nevada - County or City of
I, the undersigned Notary Public of the County or City of
Public
Notary's Printed or Typed Name
and State aforesaid, certify that
- came before me this day and acknowledged that
_he is the _ /b6t/i e.1' of Keller Holdings. i AC _, a North Carolina or
corporation/limited liability company/general partnership/limited partnership (strike through the
inapplicable), and that by authority duly given and as the act of such entity, _ signed the fore oing instrument in its name on its
behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _ day of a4_A , 20-.
-21 My Commission Expires: Z Zy
(Affix Seal)
...................................
LEE ANNE OUVASp�
Notary Public - State of Nevada
A R`�,
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Ne'02-736=-F_0m Fe6M12,=0 Page oft
NC BarAssociation Form 1'So:"'"�"15i8"Y?"e"vis"ecY't9"1'S7i; :'/,"2171`3
Printed by Agreement with the NC Bar Association —1981
/✓14 f Nctary public
Notary's Printed or Typed Name
MAR 2 2 2022
This standard form has been approved by.. .
North Carolina Bar Association — NC Bar Form No. 3
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MAR 2 2 2022
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2000-01661 County: Pender County U.S.G.S. Quad: Topsail NC
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
Lucas Romine
58 Bella Casa Wav
Belville, NC, 28451
919-717-3122
0.71
Onslow Bay
03020302
Nearest Town Topsail
River Basin Onslow Bay
Coordinates Latitude:34.383
Longitude:-77.608
Location description: The site is located north at 824 N Anderson Blvd, PIN# 4213-93-8441-0000, in Topsail Beach,
Pender County, North Carolina.
Indicate Which of the Followine Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/PHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Cops may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps. MAR 2 2 2022
Page 1 of 2
SAW-2000-01661
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Thomas Charles at
(910) 251-4101 or thomas.p.charles(a usace.army.mil.
C. Basis For Determination: The project area exhibits wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and appropriate Regional Supplement. This determination is based on information submitted by
Tom Gulley on 5/20/2021 and a desktop review by Thomas Charles 9/1/2021.
D. Remarks: This determination is only for the project area depicted on the Preliminary 404 wetland delineation
sketch, Pender Co., N.C. 3/2021, (0.71Acres) Pin # 4213-93-8441-0000, 824 N Anderson Blvd..
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PI IILIP. A. Sl M\ 'NIN a I'SA( 'I(.,\R\I)'.\III
MAR 2 2 2022
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR pail 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by NA
SAW-2000-01661
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Thomas Charles DigitallysignedbyThomasCharles
Date: 2021.09.01 16:31:13-04'00'
Date: September, 12021 Expiration Date: NA
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
Iutp://core)smapu.usace.arllly,.ntilicot a1)ex/P?p=136:4_0.
Copy Furnished:
Tom Gulley
PO Box 960
Wilmington NC 28402
MAR 2 2 20N
SAW-2000-01661
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Lucas Romine
File Number: SAW-2000-01661
Date: 9/1/2021
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may befound atfir:%t��«<ti.u�ace..nm�.niiVili.lions,C:isi�l\�sih.ift�-�al:uor�l'ioarem:md �rntil<.a>r»or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
MAR 2 2 2022
SAW-2000-01661
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
US Army Corps of Engineers
Attn: Thomas Charles
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
P1111.1 P.A.SHANNI NreiUSACG.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Thomas Charles, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404)562-5137, PHILIP.A.SHANNIN(&USACE.ARMY.bIl1.
MAR 2 2 2022
1 U IAL I KAG I — U.11 ac. Map Source: Brunswick Co Online GIs
LEGEND SCALE 1" = 100'
z
Potential Uplands -Area of planned disturbance and impervious areas may require
stormwater, sediment/erosion control, and CAMA permitting approval
Potential 404 Wetlands as regulated by the U.S. Army Corps of Engineers - no
development, soil disturbance or fill activities without prior 404/401 permitting approval.
Wetlands were delineated in the Feld with numbered, orange pin flags and pink ribbons.
Ribbon numbers shown in Red.
F-1 Coastal Wetlands - The coastal wetland line was delineated by CAMA
W#/U4 Data Point Location
This is not a survey. The information contained on this map
has been paced and located with a smartphone and the OnXMaps
app in the field and interpreted using an aerial photograph. The
distances and acreages shown are approximate and not meant
to be absolute. Review and approval by the US Army Corps of
Engineers & CAMA along with a survey of the delineated areas is
recommended prior to any detailed site planning.
824 N Anderson Blvd
PIN: 4213-93-8441-0000
Pender County, NC
03-20-028/Prelim WetlandSketch.cdr
MAR 2 2 2022
Thomas Charles Digitally signed by Thomas Charles
pate: 2021.09.01 16,3154-04'00'
THIS MAP FOR PRELIMINARY PLANNING ONLY
TRACT BOUNDARY SHOWN IN RED
Needham Environmental, Inc
Environmental Consultants
Wilmington, NC
March 2021
Preliminary 404
Wetland Delineation
Sketch
USACE Navigation Channel
USACE Setback
AIWW
/
NOTE: Lifts 2, 4, 6, & 7 are 12.5' x 12.5' on center
Lift 3 is 16' x 14.5' on center
1, 5, & S are temporary tie up wet slips
Lift 9 is for jet skis
'EXISTING REMNANT PILINGS TO BE REMOVED
\ r
Proposed fixed piers and floating
docks with boat lifts
\
.. /
3 2.:
5 6'
\• 6'
`" 1.3'
•5 1.01
J\
PEW
�i%�r�•Proposed Bulkhead
Existing Adjacent Docking Facility —�' Appx. Outer Edge of Marsh
Normal High Water i Sand Live Oak Tree
Coastal Wetland Line 404 Wetland Line
i
Riparian Corridor and 15' Setback
Existing Adjacent Docking Facility
�. Existing Bulkhead
Profile A - A'
30' CAMA Buffer
75AEC MAR 2 2 2022
_- Existing Ramp to Be Removed
Legend
NOTES
Tax Parcel Boundary�m MM mm M
Existing Pierhead Line - - -
g
- - - - - 1 BASE FILE FROM CHARLES F RIGGS B ASSOCIATES, INC.
v
Pander Tax Parcels
Normal High Water
2. LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 138 FEET.
3 2018 PARCELS FROM NCONEMAP4
Project Dale'
Revision Date:
Riparian Corridor - - - - - - - -
30' CAMA Buffer - - -
RIPARIAN DOR AND NHW O BY DCM STAFF F
OIPROVIDED
- - - _ - 2TO
824 N 3/10/2022
N/A
15' Setback - - - - - - - -
75'AEC
TAKEN OG OBER 15VED
5. WATER DEPTHS BY CLIENT 2021URELATIVE NI-W.
6. NOT A SURVEYED OR ENGINEERED DRAWING.
A Anderson Blvd Scale:
DA
Job Number.
Existing Bulkhead
USACE Channel
US
7 FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY
Resource Group Tide: 1"=30'
DRGNCW21.486
Water Depths X.X'
USACE Setback
Proposed Bulkhead
3805 Wrightsville Ave Suite 15 Dock Plan View Drawn By.
Sheet Number'
404 Wetland Line - - - - - -
Coastal Wetland Line - - -
- - - Appx. Outer Edge of Marsh 0 15 30
60 Wilmington. North Carolina 28403 WAD
2 of 6
910-452-0001
C:\Use,s\wd0009\Desktop\824 N Anderson Blvd.dwg
USACE Setback
00 0- 00 00
NOTE: Lifts 2, 4, 6, & 7 are 12.5' x 12.5' on center
Lift 3 is 16' x 14.5' on center
1, 5, & 8 are temporary tie up wet slips
Lift 9 is for jet skis
*EXISTING REMNANT PILINGS TO BE REMOVED
rian Corridor and 15' Setback
i
00 00
Appx. Outer Edge of Marsh
Normal High Water
\Coastal Wetland Line
Existing Adjacent Docking Facility
Tax Parcel Boundary
Pander Tax Parcels
Riparian Corridor
15' Setback --------
Existing Bulkhead
404 Wetland Line
Existing Pierhead Line
Normal High Water
30' CAMA Buffer
75' AEC
USACE Setback
Coastal Wetland Line
91
31
00
0
00 00 lob
00
0
a
6'
77'
12'
4'\.
37'
[1
Existing Adjacent Docking Facility
\ ♦-
6 a � 6' ' ♦♦ •
`
/ ♦i
18 a♦� ••i
�•
\8 O ♦♦
4' 6' ♦♦
��••���//// : �" Existing Bulkhead ♦•i
Proposed Bulkhead
♦i� Existing Ramp to Be Removed
• — 404 Wetland Line
1. BASE FILE FROM CHARLES F. RIGGS & ASSOCIATES, INC.
2. LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 138 FEET.
3. 2018 PARCELS FROM NCONEMAP.
4. RIPARIAN CORRIDOR AND NHW APPROVED BY DCM STAFF FEBRUARY 2. 2022.
5. NOT A SURVEYED OR ENGINEERED DRAWING.
6. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY.
Proposed Bulkhead 0 8 16
— - - - - — Appx. Outer Edge of Marsh e
DAVEY�.
Resource Group
3806 Wrightsville Ave Suite 15
Wilmington. North Carolina 28403
M-452-0001
30' CAMA Buffer
75' AEC =2 2 2.02Z
824 N 3/10/2022 N/A
Anderson Blvd Scale: r. Job Number.
Title: DRGNCW21.486
Doak Plan View (2) Drawn By. Sheet Number.
WAD 3 of
Appx. Outer Edge of Marsh
Riparian Corridor and 15' Setback
N
ki
Coastal Wetland Line
Sand Live Oak (32'H x 2.5'D)
♦,.09,**
O
O
Existing Ramp to Be Removed
Proposed Sand Backfill (-645 sq ft)
404 Wetland Line
\Proposed Concrete Bulkhead Ties to
Existing Bulkhead (1' W x 85' L)
Placed 1' Above (Landward) Coastal Wetland ♦,
Line and Along Property Boundary ♦♦
\ ♦i
Existing Adjacent Docking Facility ♦♦,
Tax Parcel Boundary
Pender Tax Parcels - -
Riparian Corridor--------
15' Setback --------
Existing Bulkhead
404 Wetland Line - - - - -
Sand Backfill (-645 sq ft)
Normal High Water
30' CAMA Buffer
75' AEC
Proposed Bulkhead (1' x 85')
Appx. Outer Edge of Marsh
Coastal Wetland Line
1. BASE FILE FROM CHARLES F. RIGGS & ASSOCIATES, INC.
2. LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 138 FEET.
3. 2018 PARCELS FROM NCONEMAP.
4. RIPARIAN CORRIDOR AND NHW APPROVED BY DCM STAFF FEBRUARY 2. 2022.
5. NOT SURVEYED OR ENGINEERED DRAWING.
6. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY.
Normal High Water
Existing Concrete Bulkhead (102')
♦, 30' CAMA Buffer
♦i
♦♦, 75' AEC
♦i
�i
Note: Proposed sand backfill to remove degraded boat ram♦p•,
backfill and stabilize bulkhead, improve drainage for southwest,
neighbor, stabilize existing Sand Live Oak tree. ♦i♦
Area Calculations: ♦.
Total Concrete Boat Ramp = —600 sq ft
Boat Ramp Below NHW = —330 sq ft
Boat Ramp Above NHW = - 270 sq ft
404 Wetlands = —645 sq ft (0.015 ac)
Concrete Boat Ramp within 404 Wetlands = —145 sq ft
Concrete Boat Ramp within Coastal Wetlands
(Reverting Back to Coastal Wetlands After Removal) = —292 sq ft
Concrete Boat Ramp Upland = —67 sq ft
MAR 2 2 2022
N
3/10/2022
N/A
DA E i
ersrs on Blvd
Anderson
Style:
iJob Number:
Resource Group
=16'
I
DRGNCW21.486
Title
3805 Wrightsville Ave Suite 15
Wilmington. North Carolina 28403
Bulkhead Plan View
Drawn By:
WAD
Sheet Number:
4 of 6
g1"52-0001
A
10
8
6
4
2
0
_2
-4
-6
_8
0+00
ou uo1
.......... ....... t�.................................................................... 1..............
A 1
_ A
Existing Bulkhead
-Normal High Water
Outer Edge of Marsh
w
"Am
-
Proposed 77' long x 6' wide Fixed Pier
Existing Pierhead Line
3' Min. existing gr le t ttom deckboard
-- ---- —�1LW — ---- -----
t; t; \ 1; t; n 1;
0+110 0+120 0+�30 0+�o 0+150
Pilings per Contractor
(Size, Spacing, Depth)
NOTES
1. BASE FILE FROM CHARLES F. RIGGS & ASSOCIATES. INC.
2. LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 138 FEET.
3. RIPARIAN CORRIDOR AND NHW APPROVED BY DCM STAFF FEBRUARY 2. 2022.
4. WATER DEPTHS PROVIDED BY CLIENT. TAKEN OCTOBER 15. 2021 RELATIVE TO NLW.
5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY.
0+160 0+170 OE180 0+190 1+00
Existing Grade
Resource Group
3805 Wrighlsville Ave Suite 15
Wilmington. North Carolina 28403
91OA52-0001
G
of (�
Project.
824 N
Anderson Blvd
I
Profile View A
Dock Detail
MAR 2 2 20N
0 4 8 16
Horizontal and Vertical Scale
e; Revision Dale:
3/10/2022 N/A
le; Job Number:
As Noted DRGNCW21A86
.0 By. Sheet Number;
WAD 5 of 6
I � ♦ 1 i
I_ IIIIIIII ♦ O
III I IIIIII IIII
O
F7
OB 1 10 20 0
1 7 0. (1
E
10
8
6
4
2
0
-2
-4
-6
-8
XG
NOTES:
1. BASE FILE FROM CHARLES F. RIGGS & ASSOCIATES, INC.
2. LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 138 FEET.
3. RIPARIAN CORRIDOR AND NHW APPROVED BY DCM STAFF FEBRUARY 2. 2022.
4. WATER DEPTHS PROVIDED BY CLIENT. TAKEN OCTOBER 15. 2021 RELATIVE TO NLW.
5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING PURPOSES ONLY.
Mre%r ^e� ^A CIr,ri+ir-illrr rinnlz
Resource Group
3805 Wrightsville Ave Suite 15
Wilmington. North Carolina 28403
910-4524001
tj vi b
Protect: Dale: Revision Dale:
g2q N 3/10/2022 N/A
Anderson Blvd ,lob Number:
Style:
Title. As Noted DRGNCW21.486
Profile View B Drawn By: Sheet Number:
Dock Detail WAD 1 6 of 6
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Lucas and Ashley Romine COUNTY: Pender
PROJECT NAME: 824 NAnderson
LOCATION OF PROJECT: 824 NAnderson Blvd, adj. to Banks Channel, Topsail Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-22-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40)#2428
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 4-4-22 END OF NOTICE DATE: 4-25-22
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 6-5-22 150 DAY DEADLINE:
MAIL OUT DATE: 3-31-22 STATE DUE DATE: 4-25-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
DWR— Public Water Supply
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF — Shellfish Section
DMF — Habitat & Enhancement
DNCR—Archives& History
DNCR—Natural Heritage Program
NCDOT
NC Dept of Commerce
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: oa 16j , r�u�u� 61
Fee: $ Z # MES
CDAIT$ MHC cc
ril
Applicant: "45
Agent/Contractor:
V
Project Site County:
Staff:
District: Wilmington
Project Na e: A
Rover File: n/a
River Basin: W. Q
Initial date of application submittal:
ZZ
Date application "received as complete" in the Field office:
2? ZZ
Permit Authorization: ❑ CAMA Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: ❑Yes No
PNA: ❑Yes No
Photos Taken: Yes ElNo
Setback Required (riparian): ❑Yes o
Critical Habitat: ❑Yes �]No Not Sure
15 foot waiver obtained: ❑Yes No
Hazard Notification Returned:
❑Yes uNo 0
SAV: ❑Yes o ❑Not Sure
Shell Bottom ❑ : Yes Xo ❑ Not
Temporary Impacts: ❑Yes No
Sure
Sandbags: ❑Yes o ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP).gYes ❑No
❑Yes 11,
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
[]Yes EjNo RNA
*Yesil§No ❑NA
& r FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
en -or- Closed
F
-< b • 't!D
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
❑Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
High Quality Waters (HQW)
❑Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
(404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
etlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial wl D&F to 1
❑ Express Permit- $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commerciallno 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
a e; 4144 can be applied; DCM needs
DWQ agreement - $400
Applicant:
Date:
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
i
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
TA
New Work
Repl ce
Maint ❑
❑ Y N
�—
New Work
Replace
-77
Maint ❑
❑ Y N
.�'
New Wo
Maint ❑
❑ Y N
1,
(
I
��
New Work
Maint ❑
Replace
❑ Y �N
/
I
New Work
Repl ce
L
l
S
Maint ❑
El N
New Work
Replace
Maint ❑
❑ Y N
7j
5
NewWor0Q
Replace
3v
Maint ❑
❑ Y N
'P
New WorN
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)
W
Dredge ❑ FiM Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other
2
Dredge ❑ Fi Both ❑ Other ❑
�00
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 c www.nccoastaimanagement.net revised: 02/26l18
Recommendations for State Permit — Lucas and Ashlev Romine
The total area of the existing and proposed structures was calculated as follows:
Shoreline length = +/-138 ft. x 8 sq, ft = 1,104 sq. ft. allowable.
Proposed:
Access Pier (north) — 6' x 77' = 462 sq. ft.
Finger pier — 6' x 37' = 222 sq. ft.
Floating dock — 6' x 12' = 72 sq. ft.
Floating dock — 6' x 30' =180 sq. ft.
Landing — 5' x 5' — 25 sq. ft.
Boatlifts -13' x 13' (2) = 338 sq. ft.
Total incorporated area —1,299 sq. ft.
Total sq. ft. applied to shoreline allowance — 936 sq. ft.
Access pier (south) 6' x 92' = 552 sq. ft. (credit for single pier)
Floating dock — 6' x 18' =108 sq. ft.
Landing — 5' x 5' = 25 sq. ft.
Boatlifts —13' x 13' (3) = 507 sq. ft.
Total incorporated area —1,192 sq. ft.
Total sq. ft. applied to shoreline allowance —108 sq. ft.
Total proposed =1,094 sq. ft.
Total allowed =1,104 sq. ft
The proposed development would provide docking space for a total of nine (9) vessels. The
proposed facility would extend up to approximately 92' into the waterbody, which measures
approximately 975' across, which is CONSISTENT with NCAC 07H .0208 (b)(6)(G), since
the applicant's docking facilities are located between two longer piers/docking facilities, within
the established pier -head line. The application also appears to be CONSISTENT with the
remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate
the maximum allowable platform area (the 8 square foot rule), the 15' riparian setback and
federal channel setback.
Provided the resource agencies do not have any concerns regarding significant adverse impacts
resulting from the proposed project, this office has no objections to the issuance of a permit.
amr�m.uin�FQ
Ta.nwnwor..�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215
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Major Permit Fee Schedule
Project Namel . Ilw 4 County: Check No & Amount:
VVV "lam �gw40
DCM %
DWQ
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or 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 add' nal
400
60% ($240)
40% ($160)
review and written DWQ concurr nce is
needed because of concerns rel d 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% ($265)
40% ($190)
of wetlands and/or open water areas:
DCM Coordinator: Cam Luck
Circle one: E io Repo / Permit for:
Oversize Plan I
County:
Permit #:
WIRO E-MAIL DISTRIBUTION SHEET
DCM Offi es:
rehead City: PT (if oversize) via Courier /
cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet"
*MHC documents (Cam & Amanda),_
Wilmington: Original hard -copy
ONLY USACE & DWR (wiro): F/recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington:
/Jviz Hair (Pender & Carteret Co): PN, CL, Reports, Split Sheet _
use both
WilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet
NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources:
r - 401 (BR/NH): PN, CL, Reports, Split Sheet _
Holley Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet
Div of Water Resources:
Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
----------------------------------------
./Sheri
-------------- -- -------------------------------------------------------------------------
Marine Fisheries:
Kim Hardin
DCMPlanner/WiRO:
keChristenbury—
Cultural Resources:
V(enee Gledhill -Earley Environmental.ReviewP-ncdenrgov_
Natural Heritage Prog.�odney
Butler_
XVark Ziegler
DCA-Rural Eco. Dev:
NC DOT:
V&vid Harris
Wildlife Resources:
v6aria Dunn w/Reports
`rT
State Property Office:
m Walton. DEED
e Moser
_
Hilliard, Real Property Agent (Bio Reports only)
/anda
NA
Shellfish Sanitation:
emy Humphrey (Bio) / _
aron Gupton, Admin. —
DEMLR:
"C istine Hall - Stormwater Section
Iyan Sams - Land Quality Section
Public Water Supply:
'/eidi Cox _
City of Wilmington:
sten _L
Enforcement:
Field Rep: �a ✓ OLA
Co. LPO
Agent:
A/DISTRIBUTED:
h\q'(1 �J
Major Permit Fee Schedule
Project Name:l VVV '� *4 County: Check
/ ck No & Amount:
r� �q-00/No. M
Development Type
Fee
DCM %
DWQ
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to i 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:
II I(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(% If General Water Quality
Certification No. 4175 could be aW
but DCM staff determined that ad
60% ($240)
40%($160)
review and written DWQ concurrneeded
because of concerns relwater
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
August 20, 2022
Regulatory Division
Action ID No. SAW-2021-00897 and State Permit No. 77-22
Lucas Romine
Ashley Romine
58 Bella Casa Way
Clayton, NC 28445
lucasromine@gmail.com
Dear Mr. Romine:
Reference your application for a Department of the Army permit to extend an existing
bulkhead, remove remnant pilings (approximately 12 pilings) and an old concrete boat ramp, and
construct two docking facilities creating a total of 9 boat slips, in waters adjacent to 824 N
Anderson Boulevard, Topsail Beach, Pender County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special 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. Your Department of the Army permit will expire on December 31, 2026.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, email: sarah.e.hair@usace.army.mil.
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
-2-
Enclosures:
GP 291 conditions
CAMA permit No.77-22
Plans dated March 10, 2022
401 Certification dated May 23, 2022
Electronic copies Furnished:
Davey Resource Group, Inc,; Greg Finch/William Dortch
NOAA/NMFS; Dr. Pace Wilber/ Ms. Twyla Cheatwood
NCDEQ/DCM; Cameron Luck/ Amanda Cannon
NCDEQ/DWR; John Perry
USFWS; Mr. Pete Benjamin
USEPA; Mr. Todd Allen Bowers
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil.
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: (919) 856-4520
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil.
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~-------;? rt---ffr--.-/A ___ -
,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
Permit Class Permit Number
NEW 77-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Lucas and Ashley Romine, 58 Casa Way, Clayton, NC 27527
Authorizing development in Pender County at adj. to Banks Channel and Topsail Sound, at
824N Anderson Blvd. in Topsail Beach , as requested in the permittee’s application dated 3/21/22 (MP-
1, MP-2, MP-4), including work plan drawings (6) Sheets 1-6 of 6, dated 3/10/22.
This permit, issued on July 19, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DE Q and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Docking Facilities
1) This permit authorizes only the docks, piers, boatlifts, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) This permit authorizes a maximum of 9 formalized boat slips. At no time shall more than 9 vessels be
moored or docked at the facility. The restriction of the number of vessels shall apply to all marine
vessel types, including but not limited to motorboats, sailing vessels and personal watercraft.
(See attached sheets for Additional Conditions)
Lucas and Ashley Romine Permit No. 77-22
Page 2 of 4
ADDITIONAL CONDITIONS
3) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner’s area of riparian access.
4) 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.
5) 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.
6) 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.
7) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Bulkhead
8) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
9) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
12) The bulkhead shall be constructed prior to any backfilling activities.
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
14) This permit does not authorize any excavation waterward of the approved alignment.
15) The fill material shall be clean and free of any pollutants except in trace quantities.
Lucas and Ashley Romine Permit No. 77-22
Page 3 of 4
ADDITIONAL CONDITIONS
16) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
17) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
Boat Ramp and Tie Pile Removal
18) No boat ramp material or tie piles shall be placed at any time in any vegetated wetlands/marsh or
surrounding waters during the deconstruction and removal of the boat ramp and tie piles.
19) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
20) This permit does not authorize any dredging in association with the authorized docking facility.
Sedimentation and Erosion Control
21) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
22) 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.
23) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
24) 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.
25) 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.
26) 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.
Lucas and Ashley Romine Permit No. 77-22
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4889 and assigned the project DWR Project No. 20220514.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
May 23, 2022
DWR # 20220514
Pender County
Lucas and Ashley Romine
58 Bella Casa Way
Clayton, NC27527
Subject: Approval of Individual 401 Water Quality Certification
Romine Property 824 N. Anderson Boulevard
USACE Action ID. No. SAW-2022-00887
Dear Mr. & Mrs. Romine:
Attached hereto is a copy of Certification No. WQC004889 issued to Lucas and Ashley Romine, dated May
23, 2022. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 2 of 13
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000.
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holey Snider at 910-796-7303 or holley.snider@ncdenr.gov if you have any
questions or concerns.
Sincerely,
Morella Sanchez-King
Regional Operations Supervisor
Electronic cc: William Dortch, Davey Resource Group
Greg Finch, Davey Resource Group
Sarah Hair, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20220514_Romine_824 N. Anderson_IWQC_PendCo_May22.docx
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 3 of 13
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC004889 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Lucas and Ashely Romine, who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
March 31, 2022, and by Public Notice issued by the Division of Coastal Management on April 4, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
404/401 Wetlands Project narrative
Bulkhead Backfill 0.015 acres N/A And
Open Waters Sheets 1 thru 6
Boat Ramp removal 0.014 acres N/A
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. All bulkhead backfill material shall be obtained from a high ground source and confined
landward of the permitted bulkhead.
Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non-earthen
debris shall not be used.
Citation: 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 5 of 13
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state’s antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious
substances, or other material shall not be present in amounts that cause adverse impacts on
existing wetland uses.
4. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 6 of 13
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
5. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 7 of 13
9. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 8 of 13
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
12. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 9 of 13
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
13. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72” in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 10 of 13
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip-rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
15. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 11 of 13
16. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
18. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 12 of 13
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
20. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
21. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
22. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification 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 Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
Lucas and Ashley Romine
DWR# 20220514
Individual Certification #WQC004889
Page 13 of 13
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 23rd day of May 2022
Morella Sanchez-King
Regional Operations Supervisor
MSK/hs
DocuSign Envelope ID: A93E70B9-3D30-45FC-8E2B-78C3BBCB6AEC