HomeMy WebLinkAbout75-22 McCall, Allen & Victoria (Red Lips LLC)Permit Class Permit Number
NEW 75-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Red Lips, LLC, P.O. Box 1288, Lumberton, NC 28359
Authorizing development in Brunswick County at adj. to AIWW, at 9219 Peakwood Dr. in
Calabash , as requested in the permittee’s application dated “received 7/14/22”
(MP-1, MP-4) , including work plan drawings (2) Sheets 1-2 of 2, dated 8/11/21.
This permit, issued on July 14, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DE Q and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Docking Facility Extension
1) This permit authorizes only the pier extension, relocation of three boatlifts, docks, and other
structures and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part
of this docking facility without permit modification. No non-water dependent uses of structures shall
be conducted on, in or over Public Trust waters without permit modification.
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 5 formalized boat slips.
(See attached sheets for Additional Conditions)
Red Lips, LLC Permit No. 75-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the
federally maintained AIWW channel.
4) No portion of the authorized docking facility, including tie piles, shall extend more than one third of the
width of the water body. Measurements to determine width of the water body shall be made from the
normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive.
5) 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.
6) The authorized structures and associated activities shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
7) 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.
8) 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
9) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
12) 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.
13) 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.
Red Lips, LLC Permit No. 75-22
Page 3 of 3
ADDITIONAL CONDITIONS
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20220408.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at (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 $250 was received by DCM for this project.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Allen & Victoria McCall
PROJECT NAME: McCall Docking Facility Extension
2. LOCATION OF PROJECT SITE: 9219 Peakwood Dr. SW adjacent to the AIWW in Sunset Beach
(ETJ), Brunswick County
Coordinates: Latitude N 33°52'26.21" Longitude W 78°32'58.41"
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/16/2022
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 9/13/2021 Application Complete — 3/10/22
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Town of Sunset Beach (ETJ)
Land Classification From LUP — AF 1 (Agricultural -Forestry)
AEC(s) Involved: PTA, EW
(B) Water Dependent: Private Docking Facility — Yes
(D) Intended Use: Residential
(E) Water and Wastewater Treatment: Existing - County Sewer
Planned- N/A
(F) Type of Structures: Existing - Single family residence, in -ground pool, bulkhead, high -ground
gazebo, five -slip docking facility
Planned - Docking facility extension
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Uplands
N/A
N/A
N/A
(B) Vegetated Wetlands
N/A
N/A
N/A
(C) Open Water
N/A
1,678 sq. fr.
N/A
Inco orated
(D) Total Area Disturbed: 1,678 sq. ft. (.04 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA; HQW Open: No
8. PROJECT SUMMARY: The applicant proposes to extend an existing 5-slip docking facility to the
established pier head line at the Federal Channel Setback to access deeper water along the AIW W in Sunset
Beach.
McCall Docking Facility Extension
March 11, 2022
Page 2
9. PROJECT DESCRIPTION
The proposed project is located at 9219 Peakwood Dr. SW in Calabash, Brunswick County. The existing
residential structure and in -ground pool sit on both 9225 and 9219 Peakwood Dr. SW on a combined 1.5-acre
parcel. A high -ground gazebo and existing 5-slip docking facility are located at 9219 Peakwood Dr. SW.
Satellite imagery suggests the initial docking facility was built prior to 1994. Permits cannot be located for the
original docking facility but aerial imagery appears to show an L-head, floating dock, and boatlift. Various
modifications were done to the existing docking facility over the years including expanding the floating dock,
installing 2 PWC lifts, and adding a boathouse. No permit history can be found for the current docking facility
that includes a 6' x 340' access pier, 16.5' x 21.5' L-head, 16' x 28' fixed platform with 10' x 20' area cut out
to accompany an open boatlift, 9.7' x 41' floating dock, and two 7' x 6.75' PWC lifts.
The southeast -facing property is located on a high -bluff parcel approximately 14' above normal high water
(NHW) and is vegetated with typical coastal -plain tree species. An existing 210' bulkhead stabilizes a portion of
land on both 9225 and 9219 Peakwood Dr. SW. 9219 Peakwood Dr. SW has approximately 158' of shoreline
frontage along the southern edge of the property. 404-type wetlands extend upland approximately 20' above
Coastal Wetlands. Coastal Wetlands consisting primarily of Smooth Cord Grass (Spartina alternii fora) and
patches of Black Needlerush (Juncus romarianus spp.) extend waterward approximately 230' beyond the 404-
type wetlands. The width of the waterbody measures approximately 583' from marsh to marsh in the vicinity of
the existing docking facility. DCM staff made a low -tide site visit on 2/16/2022 and verified approximately
-4.0' NLW on the waterward side of the proposed docking facility relocation (WiRO Image 1, WiRO Image 4).
The waters of the AIW W are classified SA by the Division of Water Quality and ARE designated as a Primary
Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to extend an existing 5-slip docking facility to the established pier head line at the
Federal Channel Setback to access deeper water along the AI W W in Sunset Beach.
The applicant proposes to relocate the existing L-head, floating dock, and 3 boatlifts approximately 83'
waterward of their current location. As proposed, the contractor would cut down the existing L-head to 6' wide
and attach a new 6' x 67' access pier that would extend southeast and terminate with a relocated 16.5' x 21.5' L-
head. To the east of the relocated L-head, the applicant has proposed to relocate the 16' x 28' fixed platform
with a 10' x 20' area cut out to accompany an open boatlift (Slip 45, Sheet 1 of 2). To the west of the relocated
L-head, a gangway would lead to the 9.7' x 41' parallel floating dock that would be relocated from its existing
location (Slips #3 & #4, Sheet 1 of 2). Two 7' x 6.75' PWC lifts (Slips #1 & #2) would be relocated to the west
of the relocated floating dock. As proposed, the relocated docking facility would terminate approximately 2'
landward edge of the USACE Federal Channel Setback (Sheet 1 of 2). Relocating the floating dock (Slips # 3 &
#4) and three boatlifts (Slips #1, #2 & #5) approximately 83' waterward of their existing location (0.0' NLW as
measured by DCM on 2/23/22, WiRO Image 2) to within 2' of the USACE Federal Channel Setback would
provide sufficient water depths for access throughout the tidal cycle (Approximately -4.0' NLW as measured by
DCM on 2/16/22, WiRO Image 1).
The property at 9219 Peakwood Dr. SW has approximately 158 linear feet of shoreline and the proposed design
remains within the applicant's area of riparian access; no waivers would be required for the proposed project
McCall Docking Facility Extension
March 11, 2022
Page 3
and no riparian waivers were granted. The applicant's design extends waterward of the %4 width limit but
remains landward of the 1/3`d width, terminating approximately 2' landward of the USACE Federal Channel
Setback (Sheet 1 of 2). The pier head line has been established at the edge of the USACE Federal Channel
Setback using existing docking facilities located at 9269 Peakwood Dr. SW (Variance granted for State Permit
#77-20) and 1324 Harbour Watch SW (State Permit # 23-13, WiRO Image 5). The applicant states that
extending the docking facility to 2' landward of the USACE Federal Channel Setback would allow him to reach
navigable water depths throughout the tidal range and minimize soft -bottom impacts to the Primary Nursery
Area (PNA). Water depths measured by DCM staff in the existing floating dock location (Approximately 98'
waterward of Coastal Wetlands or 16% of waterbody) ranged from 0.0' NLW to -0.2' NLW (WiRO Image 2).
Water depths taken by DCM staff at the proposed boatlift and floating dock location (Approximately 83'
waterward of existing docking facility) ranged from -3.0' NLW to -4.0' NLW. As proposed, the docking facility
would extend approximately 181' from the edge of Coastal Wetlands, which would exceed the'/4 width but
remain landward of the 1 /3 width (Approximately 31 % of waterbody width).
10. ANTICIPATED IMPACTS
The proposed docking facility extension would result in the incorporation of approximately 1,678 square feet of
Estuarine Waters and Public Trust Area. As proposed, the docking facility would be located in an area with
water depths ranging from -3.0' NLW to -4.0' NLW, which is sufficiently deeper water at NLW than the
required 18" - 24" NLW in Primary Nursery Areas. The proposed development would be located outside of the
adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of the USACE Federal
Channel Setback. Extending the existing docking facility to the landward edge of the USACE Federal Channel
Setback would have negligible impacts on navigation since the shoreline opposite from 9219 Peakwood Dr. SW
consists entirely of Bird Island Reserve, owned by the State of North Carolina. Turbidity associated with the
piling installation would be kept to a minimum.
Submitted by: Brendan Brock Date: March 11, 2022 Office: Wilmington
Allen McCall project description:
The proposed project consists of extending an existing dock 83' from its current position to the AIWW channel offset.
The extended dock will retain the same dimensions as the existing except for the channelward extension: A 16.5' by
21.43' fixed pierhead; a right side 4' by 20' ramp or gangway leading from the pierhead to the 9.7' by 41' Floating dock
and two 7' by 6.75' PWC lifts. On the left side of the pierhead the same boat lift will be relocated as well and will
retain the same dimensions: 16' by 28' to include decking and a catwalk. The existing dock is 336' long and will
be lengthened by 83'. The existing dock extends 98.29' from the edge of marsh grass and with the 83' extension the
dock would extend a total of 181' from the edge of marshgrass. Considering the overall waterbody width of 583',
181' equals to 31% of the channel's width but landward of the AIWW offset. The purpose of the project is to be able to
attain deeper water and more stages of the tide cycle.
ON MP-1
APPLICATION for
Major Development Permit
past revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
Allen
MI
Last Name
McCall
Applicant 2: First Name
Victoria
MI
Last Name
McCall
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
419 Brettwood Avenue
Po Box
I
City
Florence
State
SC
ZIP
29501
Country
USA
Phone No,
843 - 814 - 7145 ext.
FAX No.
- -
Street Address (if different from above)
City
State 7—
Email
wamtree@aol.com
2. Agent/Contractor Information
Business Name
Beam and Associates
Agentl Contractor 1: First Name
MI
Last Name
Wayne
Beam
Agentl Contractor 2: First Name
MI
Last Name
Curtis
Joyner
Mailing Address
Po Box
City
State
125 Sikes Avenue
CleL
SC
ZIP
Phone No. i
29631
843 -814 7145 ext.8858
exl.
FAX No.
Contractor #
Street Address (IF different from above)
City
State
ZIP
Email
w.beam@att.net
joynercm@bridgeviewec.com
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
9219 Peakwood Drive
Subdivision Name
City
State
Zip
Calabash
NC
8467-3074
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Lumber River
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.
91atural (Aanmade ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
Ves ❑No
work falls within.
Calabash
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft,)
256.59
35,283.6 s . ft.
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
35,283.6 sq. ft.,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
14' VINHW or ❑NWL
e.
Vegetation on tract
Residential yard
f.
Man-made features and uses now on tract
Residential dwelling, and existing docking facilty.
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Continued residential uses
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
residential
(Attach zoning compliance certificate, if applicable)
Ves []No []NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes 00
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []NO OA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a []Yes ❑No VfNA
National Register listed or eligible property?
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Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? Oyes No
III) Are there coastal wetlands on the site? ❑Yes 6
(!it) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes Flo
(Attach documentation, if available) v
n. Describe existing wastewater treatment facilities.
There are no WWTF. Dwelling is serviced by existing city sewer.
o. Describe existing drinking water supply source.
City water.
p. Describe existing storm water management or treatment systems.
Sheetflow across grassed yard.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
[]Commercial ❑Public/Government
rivate/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Private recreational dock.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it Is to be stored.
Standard pile driving and then top down construction.
d.
List all development activities you propose.
Rebuild and extend dock.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
Both.
f.
What is the approximate total disturbed land area resulting from the proposed project?
Sq.Ft or ❑Acres
19
1200 sq. ft.
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
NA
i.
Will wastewater or stonnwater be discharged into a wetland?
❑Yes []No OA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No OA
j.
Is there any mitigation proposed?
❑Yes ❑No NA .-�.
If yes, attach a mitigation proposal.
^`n1,'.
N�
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
Instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Milhouse Woodlands Ventures, LLC Phone No.
Address 145 Blue Church Court, Cola, SC 29212-8800
Name Spaholt, Dean Phone No.
Address 9229 Peakwood Drive, Calabash, NC 28467-3074
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
to Enter on Land
I unoerstanci 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 8/18/2021 Print Name Curtis M. Joyner
Signature /N
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
1.
96CM MP-4 Structures Information
252.808.2808 :. 1-888-4RCOAST :: www.necoastaimanagement.net
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project.` Pleas ?g include all supplemental information.
w�o�iFicaTi� �2J �a�v:ii ?�c/tecf� u-
1Nw .
(Do� '
1. DOCKING HARACTERISTICS ❑This section not applicable
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Government Private/Community
c. (1) Dock(s) and/ piers)
(if) Numbers
(lii) Length `w�7
(iv) Width 6'
(v) Floating ❑Yes 6No
e. (i) Are Platforms included? )Yes ❑No
Ifyes:
(it) Number
(III) Length 16.5', 9.7', 28'
(iy) Width 21.5.' 41', 16'
(v)Floating Oes VNo
Note: Roofed areas are calculated from diipline dimensions.
g. (i) Number of slips proposed
_S_
(ii) Number of slips existing
_0_
L Check the proposed type of siting:
❑ Land cut and access channel
[]open water; dredging for basin and/or channel
Open water; no dredging required
❑Other; please describe:
e-16STII/DoGK
k. Typical boat length: 2Q'
in. (i) Will the facility have tie pilings?
[]Yes VNo
III) If yes number of tie pilings?
b. (i) Will the facil a open to the general public?
❑Yes o
d. (i) Are Finger Piers included? ❑Yes VNo
If yes:
(ii) Number
(III) Length
(iv) Width _
(v) Floating ❑Yes []No
f. (i) Are Boatlifts included? 9Yes ❑No
If yes: 3
(ii) Number
(III) Length 1'. 7_ 20'
(N) Wdth 1915,b, 6" 10'
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slips') only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other. please des ibe:
P +
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
NIA
mixed pleasure craft
I. (i) Will the facility open to the general public?
[]Yes WNo
2. DOCKING FACILITY/MARINA OPERATIONS �f' This section not applicable
a. Check each of the following sanitary facilities that will be Included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding lank 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.
(it) Give the location and number of "Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basln fiushing?
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 marinaidocking 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
(58), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW _ ❑SAV 0513
❑WL _ ❑None
p. Is the proposed marinatdocking facility located within or within close proximity to any shellfish leases? []Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lilts)
a. (i) Is the boathouse structure(s):
[]Commercial ❑Public/Govermnent Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dhpline dimensions.
section not applicable
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) L�'This section not applicable
a. (i) Number _
(ii) Length _
(iii) Width
5. BREAKWATER (e.g.. wood, sheetpile, etc.) KFhis 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 his section not applicable
a. Is the structure(s):
[]Commercial ❑Public/Govemment ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
. tjiT
\! r
a. Proximity of structure(s) to adjacent riparian property lines
30' and 110'
Note: For buoy or mooning piling. use am of swing including length
of vessel.
c. Width of water body
583'
e. (i) Will navigational aids be required as a result of the project?
❑Yes , Ao ❑NA
(ii) If yes, explain what type and how they vall be implemented.
8. OTHER
a. Give complete descriotlon[
9/1/2021
Date // 11
Pr�iecf IJAMA
Allen McCall
Applica a e ^ —
/(/
Applicant Signer
b. Proximity of structure(s) to adjacent docking facilities.
300' and 217'
d. Water depth at waterward end of structure at NLW or NWL
_ 4.7'
❑This section not applicable
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
March 11, 2022
SENT VIA EMAIL
Allen & Victoria McCall
c/o Wayne Beam & Curtis Joyner (Beam and Associates)
9219 Peakwood Dr. SW
Sunset Beach (ETJ), NC 28467
SENT VIA EMAIL
RE: CAMA Major Development Permit Application — 9219 Peakwood Dr. SW
Dear Mr. Joyner:
The Division of Coastal Management hereby acknowledges receipt of your application, for State approval for the
extension of an existing docking facility, located at 9219 Peakwood Dr. SW, Sunset Beach (ETJ), Brunswick
County, NC. It was received complete on March 1011, 2022 and appears to be adequate for processing at this time.
The projected deadline for making a decision is May 24'", 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 100, 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 frid a "Notice of Permit Filing' postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Brendan Brock
Field Representative
cc: Cameron Luck, MHC Katie Atkins, LPO WIRO DCM
USACE Holly Snider, DWR Allen and Victoria McCall, Applicants
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
"caTM cu�cu"n
910.796.215
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Envlrownewal �aaGA
March 15, 2022
GanLegPubNotices@gannett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
Allen & Victoria McCall — Brunswick County
DJM-NC, LLC — New Hanover County
Hello: Please publish the attached Notice in the Friday, March 18, 2022 issue.
ROY COOPER
covernar
ELIZABTH BISER
Secretary
BRAXTON DAVIS
Director, Division oJCoaslal Management
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit & invoice for payment to Tanya Pietila at the NC Division of Coastal
Management,127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226, (Customer #489895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office. �.
La&
Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ex[., Wilmington, NC 28405 9197967215
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On March 11, 2022, Allen & Victoria McCall proposed to extend an
existing five (5) slip docking facility to the Federally established channel setback at 9219 Peakwood Dr. SW,
adj. to the AIWW in Sunset Beach, Brunswick County; and on March 14, 2022, DJM-NC, LLC proposed to
construct a new bulkhead, stone landscape wall, three (3) new docking facilities with gazebos for a total of six
(6) new proposed slips & dredging to connect to deeper water at 1970 Deep Creek Run., adj. to the AIWW,
Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of
Brendan Brock (Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270
(Brendan Brock) or (910) 796-7424 (Katharine Elks) 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 8, 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.
r
AGENT A U71-10PJZA! 10.N FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: _,� t +
Mailing Address: -f 4 b% (LE 1�16a c�
Phone Number: �` a5-60 " `� Z
Email Address: PAwL-rgxC e (5 • Cotwa
9 i
I certify that I have authorized _Wayne Beam/Curtis Joyner
Agent/ Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: YVL6k1-A,
lac L -/7, 7-
at my property located at
in�� r " siaa Gv�G Cc
nty.
Sw r= i
I furthermore certifii that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
ue4
Print or Type Name
Title
Date
This certification is valid through i 1 i��l
U.S. Postal Service
CERTIFIED MAIL) RECEIPT
Domestic h1411 only
For
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Track your package
Data provided by USPS
Tracking number 70203160000178330683
Delivered ,Q
September 15, 01:1813M
Columbia, SC
6) View details on USPS
Call1-800-275-8777
94 Track another package
MAR 15 2022
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IRF
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ALLEN MCCALL
VICTORIA MCCALL
\ TAX#
355-00-02401
OB, 2619 PG. 701
# 9225 \ Pa. WPG. 167
MULTI STORY STU&O
WITH BASEMENT\ UPLANDS
64,377 SF
\ 1.48 Ac.
p AE 14'
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CALABASH, NC 28467 46
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08-11-2021
REVISED 10-14-2021
EXISTING CONDITIONS & SITE PLAN
SHOWING
PROJECT TITLE: RELOCATION OF:
FIXED DOCK, FLr`AITING DOCK &
VM L%,I LUw,11MIN: 9219 PEAKWOOD DR. SW
CALABASH, NC 28467-3074
APPLICANT: ALLEN E. & VICTORIA S. McCALL
Parcel ID: 2550002401 &2550002502
DATE: SCALE:
August 11, 2021 1"=60'
SHEET OF
1 2
OFFICE (910) 579-7733
Russ Courtney & Assoc., LLC, PLLC
Land Surveying in SC & NC
N1n1ac
MAIL:
\m 145 BLUE CHURCH STREET
Na COLUMBIA SC, 29212
0.\MILHOUS WOODLAND VENTURES, LLC
TAX#
C` 255-00-024
m' TRACTS 1 & 2
VE 16, MC, 43 PG. 27
DS. 4147 PG. 33
\01
N��
0
\ MARSH
\ RIPARIAN AREA
\ 98,596 SF
2.26 AC.
\
N:44979.74 / r
E:2137073.28 , L
POINT IN WATER
'm
La
ZIN L1
%F,
--?'OCATE - OCATE III
DOCK D
pelocat i
FIXED /
PIER �4
'. a slip '� � �, / � ,A
MLW a:',Relocateda 4:4498081 /O
DAMP '�' s.2 E:2137316.15
IN
a/RE.
RE -LOCATE TO
TOT FROM Z/ 6I
'` BO GET E
BACK
B
IER
�C W
/1: 7'• /fie RAMP
5
1. NO USGS HORIZONTAL MONU-
MENTATION FOUND WITHIN
2000 FEET OF SITE.
2. OTHER UTILITIES MAY EXIST,
BUT THEIR LOCATIONS ARE
NOT KNOWN.
3. SURVEY SUBJECT TO FULL
TITLE SEARCH.
4. THIS PROPERTY MAY BE SUB-
JECT TO RIGHT OF WAYS,
EASEMENTS OR RESTRICTIONS
EITHER RECORDED OR IMPLIED.
5. ATTORNEY TO VERIFY COMPLI-
ANCE ZONING, RESTRICTIVE
COVENANTS OR HOMEOWNERS
ASSOC. REQUIREMENTS OF RE-
CORD.
6. RAN=RIGHTOFWAY
7. IRF = IRON REBAR FOUND
S. IPF= IRON PIPE FOUND
9. IRS = IRON REBAR SET
10. EP = EDGE OF PAVEMENT
11. CONIC. = CONCRETE
12. COMBINED GRID FACTOR: 1.00016035
13. CP = CALCULATED POINT.
14. THE SUBJECT PROPERTY SHOWN
HEREON DOES LIE IN A SPECIAL
ZONE AE 14 AND VE 16 FLOOD HAZARD AREA
375359 1034 K DATED AUGUST 28, 2018
15. AREA COMPUTED BY COORDINATES.
16. DISTANCES SHOWN ARE HORI-
ZONTAL GROUND DISTANCES
17. ELEVATIONS BASED ON 1988 DATUM
18. CERTIFICATIONS ON SHEET 2 OF 2.
Legend
Iron Old
As Noted
Iron New O
12"ReWr
z �z POINT IN WATER N- �.v `\ 2 I gcl `j9 FLOATING
�V \ emu' i' \ DOCK
N:44942
' p -6.3 MLW / E:213X238.21
PIEIN
TY
NEW 6 WIDE
WALKWAY
3 66.71 LF�,
Relo=ed
BOAT
UFT
i
vE,s /
Slip #5�j
6' MLW
Ps p3,
44N: 911.68
` E:2137347.16
\�G y,.Q Fbetln9 / / TUk*WARO FIR M,'fi / N:44862.10
3j\V / / . r� \ pKy, VE 16' / So SETBACK
COS aA^'� \\ 2/� / s sue/ - ALLSTRUCTURESRE�' Sllpj drz E:2137352.82
9 LOCATED FROM EXISTINCl
�Q�� •C \ A / �' f A%E NEW WALKWAY'
V '� / PEIR TO BE ADDED / 1
�OF \\ / A S
\` NC -SC STATE LINE \ 1 -` 4 N '
MONUMENT#2
N:41888.65 \s/.'S .10 N
E:2134780.07 / AlV`!
/ / ~\.
c� �i SAP
583' GRASSLINE TO GRASSLINE
394' NEW PIER TO GRASSLINE /
`Q_f _ 31583 = 194.33 FEET IN THIRDS /
1 NOTE: 'No .3 /'r-\ may/ / NEW PIER IS 193.0' FR %Yh9SLINE
ALL WORKMANSHIP AND MATERIALS TO MEET TF!g,STANDARDS �`V Apr- ,yCl+Ef��
OF CURRENT BUILDING CODES, ARMY CORPS OF F,NGINEEERS 'N` ` C\N'" !RECEIVED
AND CAMA REQUIREMENTS. /'
MULTIPLE PERMITS AND ETC WILL BE REQUIRED.
MAR 10 2022///
- /
/ nCM WILMINGffON. NI of
NOTE:
ALL WORKMANSHIP AND MATERIALS TO MEET THE STANDARDS
OF CURRENT BUILDING CODES, ARMY CORPS OF ENGINEEERS
AND CAMA REQUIREMENTS.
MULTIPLE PERMITS AND ETC WILL BE REQUIRED.
Existing
55.7 LF
N:44988.81
Fixed Pier
NEW
E:2137316.15
to be
WALKWAY
Relocated
Relocated
6' WIDE
Existing
o
Boat Lift
28.9
�+
BOAT
LIFT O
a eoAr
6574' UFi
CENTERLINE
PROFILE
N:45369.05
F
cBo
66.71' -
E:2138864.07
IER
16.5
BEGIN STA
Existing
ea.sv s.s•
0+00 AT
Fixed Pier
RAMP
RAMP
AICW RIW
to be
Relocated
aFi OCATED
4
RELOCATED
PI ED
LINE
Relocated
3
ER
RELOCATED $
F
FLOATING
FLOATING a
Z. 'PWL
oocic
N-44940.60
L1�T5
W
Relocated
E:2137238.21
to
per
RELOCATED
Relocated
iAN�
Existing
Boat Lift
to be
Relocated
Exist Hand
12
Existing
Fixed Pier
to be
Relocated 9
Existing
Walkway
6
CA
FESS
SEAL
g L-3506 y
ih
L-3506 P-0678
Registration Number NC COL
0
-3
-6
-12
1 1
1
1 Relocated
1 Existing
1 1 Boat Lift
1 1
rail 1 1 New Handrail
LO
1 I 1
1 1
1 I 1
E1d
ing
IIllew
Walkway
Ixe
I met
80'CHANNE
I
N
1 1 r
eatiRg-
Dock
1 I r
Float
1 1 r
Material
1 I r
j
I I r
1
- -- -
-------
1 I
--
1
I I r
i
1 ■
0+00 0+50 1+00 1+50
ALLEN'S DOCK PROFILE
1, Russell A Courtney, Sr. certify that this plat was drawn
under my supervision from an actual survey made under my
supervision (deed description recorded in Book far. 2819 page
ssa rot , etc.) (other); that the boundaries not suveyed are
Deady indicated as drawn from information found in
Book M7�18 page 55% rot ; that the ratio of precision as
calculated is 1:10,000; that this plat was prepared in
accordance with G.S. 47-30 as amended. Witness my
original signature, registration number and seal
this 1 1 day of June , A.D., 2021 .
S Yoe F2EVISED 10-14-021
V
0-14-20 1
L Russell A. Courtney, Sr. , Registered Land Surveyor, centry to one or moreof
the following:
\
A. That the survey creates a subdivision of land within the area of a county
or municipality that has an ordinance that regulates parcels of land;
S. That the survey is located in a por8on of a county or municipality that is
Ounregulated
as to an ordinance that regulates Parcels of land;
C. Any one of the following:
y-�
1. That the survey is of axisang parcel or parcels of lard and does
' \ '
not create a new street or change an wasting street
Q That the survey is of an Boosting building or other structure, or
natural feature, such as a watercourse; or
\
,v\
3. That the surveyis a control survey.
D. That the survey is of another category, such as the recombination of
existing parcels, a courtondersN survey, or other a eptfon to the
definition of subdivision:
E. That the inionnation available to the surveyor is such that the surveyor
is unable to make a determination to the best of the surveyor's
professional ability, as to provisions contained in (A) through (D) above.
SCALE"
HORIZONTAL: 1" = 60'
VERTICAL: 1" = 6'
58T GRASSLINE TO GRASSLINE
394' NEW PIER TO GRASSLINE
31583= 194.33 FEET IN THIRDS
194.33 X 2 (TWO THIRDS) _
388.66'
388.66' < 394' LESS THAN A THIRD.
C LANDWARD FROM
80•SETBACK
ALL STRUCTURES RE-
CATED FROM EXISTING
AREA NEW WAI-MAY
PEIR TO BE ADDED
12
L9
E
6
MEAN HIGH
WATER
2.01'
0
MEAN LOW
WATER
-2.68'
-3
-6
-12
PLAN & PROFILE SHEET
SHOWING
PROJECT TITLE: RELOCATION OF:
FIXED DOCK FI n4TING DOCK &
9219 PEAKWOOD DR.
SW CALABASH, NC
ALLENde.V41 (SRIA S. MCCALL
Parcel ID: 2550002401 &2550002502
1 August 11, 2021 1 1" = 60' 1
OFFICE (910) 579-7733
Russ Courtney & Assoc., LLC, PLLC
Land Surveying in SC & NC
Notes
1. NO USGS HORIZONTAL MONU-
MENTATION FOUND WITHIN
2000 FEET OF SITE.
2. OTHER UTILITIES MAY EXIST,
BUT THEIR LOCATIONS ARE
NOTKNOWN.
3. SURVEY SUBJECT TO FULL
TITLE SEARCH.
4. THIS PROPERTY MAY BE SUB-
JECT TO RIGHT OF WAYS,
EASEMENTS OR RESTRICTIONS
EITHER RECORDED OR IMPLIED.
5. ATTORNEY TO VERIFY COMPU-
ANCE ZONING, RESTRICTIVE
COVENANTS OR HOMEOWNERS
ASSOC. REQUIREMENTS OF RE-
CORD.
6. RrW=RIGHTOFWAY
7. IRF = IRON REBAR FOUND
8. IPF = IRON PIPE FOUND
9. IRS = IRON RESAR SET
10. EP = EDGE OF PAVEMENT
11. CONC. = CONCRETE
12. COMBINED GRID FACTOR: 1.00016035
13. CP = CALCULATED POINT.
14. THE SUBJECT PROPERTY SHOWN
HEREON DOES LIE IN A SPECIAL
ZONE AE 14 AND VE 16 FLOOD HAZARD AREA
3753591034 K DATED AUGUST 28.2018
15. AREA COMPUTED BY COORDINATES.
16. DISTANCES SHOWN ARE HORI-
ZONTAL GROUND DISTANCES
17. ELEVATIONS BASED ON 1988 DATUM
Legend
bon Old
As Nded
Iron New
V7 Reber O
GCS
T
Nqa 3rFa
\or-"yF
0 60 120 180
GRAPHIC SCALE
1"= 60,
OVjS.f1 SONAPARTES
�pW LANDING
S^�
ECE Erg°
SITES
VAR 10 2022
pGM 1NILMINGTONr N„.
Vicinity Map
NTS
IIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIII 8181s P0791; 9O3 0 ON
a.unaW ck County, NC oats!., of Deada Pape t of 2
p.-......- (.JAILv T. "JiL4]!1'G� ni��•1
cl .
Mom
Excise Tax Pame11D NO, 2550DO2401 and 255DO02502
Brief Description: 9225, Peakwood Drive
GENERAL WARRANTY DEED
THIS DEED made this I r day of June, 2008, by and between:
GRANTORS:
SITG, LLC, a South Carolina Limited
Liability Company
GRANTEES:
Allen McCall and Victoria S. McCall,
husband and wife
Mailing Address: 419 Brettwood Drive
Florence, SC 29501
The designation Grantor and Grantee as used herein shall include said panics, 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 or parcel of land
situate in the County of Brunswick. Stale of North Carolina, and mom particularly described as follows:
Tract One: BEING all oflhat certain tract or parcel conlaining0.8092 acres, more or less, as more particularly
'» described in a survey plat dated I I March, 1992, prepared by Han K Dale, R.L.S. and being recorded in Map
^ Cabinet W at Page 167, office of the Register of Deeds for Brunswick County, North Carolina and being a
r(jy�$,yf portion ofTrea 5A ofthe D.E. Stanaland Heirsdivision asmore particularly described in Map Book4at Page
129, Brunswick County Register.
y
� TMS: 2550002401
.+ r3 Tmct Two: BEING all of that certain tmct or parcel containing 95 feet of mad frontage, identified as "Jeffrey
H. Skelley" in a survey plat dated 23 October 1993 prepared by lane K. Dale, R.L.S., and recorded in Map
y' Cabinet Y at Page 107, in the office of the register of Deeds for Brunswick County, North Carolina, to which
A
Deed prepared by Gary W. Crawford, Esq in Florence, South Carolina
ti
COUNTY
8/18/2021 2:48:50 PM
MCCALL ALLEN ETUX MCCALL VICTORIA S Return/Appeal Notes: Parcel: 2550002401
219 PEAKWOOD DR SW CALABASH 28467 COUNTY PLAT: / UNIQ ID 131623
3649640 ID NO: 103411659496
BRUNSWICK COUNTY (100), SUNSET BEACH FIRE (1,523) CARD NO. 1 of 1
Reyal Year: 2019 Tax Year: 2021 .8092 PLAT W/167 0.8100 AC SRC= Inspection
ppralsed by 94 on 09/13/2017 604E OCEAN HARBOUR/SUNSET TW-06 CI-OOFR-I6EX- AT- LAST ACTION 20180215
CONSTRUCTION DETAIL
MARKET VALUE
DEPRECIATION
CORRELATION OF VALUE
Foundation -4
Eff.
BASE
Standar 0.16D00
on Ft/Crawl S.0
USE
MOD
Area
UA
RATE
RCN
EYB
AYB
REDENCE TO MARKET
ub Floor System - 4
19,112
1 157
1 138.16
1226516412000119941
% GOOD 84.0
)EPR. BUILDING VALUE • CARD 1,062,74C
PI wd/RI bd 8.00
TYPE: SINGLE FAMILY RESIDENTIAL SFR CONSTRUCTION
)EPR. OB/XF VALUE - CARD 37,750
4ARKET LAND VALUE - CARD 375,000
Exterior Walls - 13
tucco on Tile or Wood Frame 33.00
STYLE: 3 - 2.0 Stories
rOTAL MARKET VALUE - CARD 1,475,490
Roofing Structure - 04
lip 9.0
Roofing Cover - 06
rch Shingle S.0
E' 64' 6'
OTAL APPRAISED VALUE - CARD 1,475,49
OTAL APPRAISED VALUE -PARCEL 1,475,49
medic, Wall Construction - 6
ustom Interior 35.0
FOP
4' {'B'4' 4'8'4' 4'
nterior Floor Cover-12
ardwood 10.0
10 40. 10PARCEL
TOTAL PRESENT USE VALUE - 0
nterlor Floor Cover -14
ar et 0.0
6' 6'TOTAL
VALUE DEFERRED - PARCEL 0
DIAL TAXABLE VALUE - PARCELS 1,475,49
Heating Fuel-09
Electric 1.0
t4. 14'
Heating Type - 09
Heat PumpOnly4.0[PERMIT
6A5
CODE I DATE I NOTE I NUMBER AMOUNT
Ir Conditioning Type -03
entral 4.0
Bedrooms/Bathrooms/Half-
Bathrooms
OUT: WTRSHD:
4 1 18.00C
64'
SALES DATA
Bedrooms
FF.
INDICATE
BAS-5FUS-0 LL-0
IECORD
DATE
DEED
TYPE
Q/UVII
SALES
PRICE
Bathrooms
OO PAGE
MONA
BAS-4FU5 -0 LL-0
2819 701
2171 496
7 12008
6 005
WD
WD
U
U
1
1
220000
Half -Bathrooms
AS-IFUS-OLL-O
N'
0876 AU
3 1992
WD
U
V
0
Fite
AS -O FUS-0 ILL -0 0N,
t/'
10'
HEATED AREA 8,238
L POINT VALUE 132.00
BUILDING
ADJUSTMENTS
et/Dees n
05 1.00 1.000
5 EXCELLENT 1.250
r.nsoruction
Siz Size U.950
OS 1.00 1.000
NOTES
r
ILDIUSTMENT FACTOR 1.19
ON 2 LOTS (2550002502)1FA
6, FOP 6,HOUSE
L QUALITY INDEX 15
�
]ST#111]9
Click on image to enlarge
SUBAREA
CODE
DESCRIPTION COUNTLTM
HUNIT
UNIT
PRICE
ORIG %
COND
BLDG#
AYB
EYB
ANN DEP
RATE
OV
%
COND
OB/XF DEPR.
VALUE
GS
12
38
25
74
6
BULK HEAD
GAZEBO
DOCK(FLOATING)
RAMP (PIERIDOCK)
AZEBO
POOL(RESiD)
72
1
20
1
12
4
1
1
1
2
7
25
30
6
14
1,10
200.0
28.0
25.0
8.0
30.0
38.0
1
1
1
1
1
1
19931993
1995199
19951995
19951995
199
199
199
199
5
53
S
S
53
S
4
2
2
5
31
31
5760
200]
2100
26
1339
13005
TYPE
AREA
%
RPL CS
GAS
3 96
100
$4711
FBM`
2 35
085
27687
FGD*
1 30
OS
8980
FOP*
2 56
030
10638338
FUS-
1 92
090
23874
09
BATH HOUSE/POOL
HSE
2
1
31
35.0
1
199
199
5
31
3385
4 -Two or
FIREPLACE 6,25
more
22
32 FENCING
CONCRETE PAVING
0
528
0
4,52
52
4.0
12.0
1
1
19951995
199
199
5
5
2B
4
5071
2534
SUBAREA 12,10
1,265,16
OTALS
22 1CONCRETE
PAVING
0
0
2,100
3.5
1
19961990
31
2279
TOTAL
OB XF VALUE
37 74
BUILDING DIMENSIONS
BAS=W14N6W2N4W854W4ON4WBS4W2S6W14S3OE14514E60N10E14N34Area:3960;FOP=E6N10W4N6W6456W4SIOE6N6E2N4EBS4E4ONOE854EZS6Area:680
FOP=S8E6ON8W 6OArea:480;FUS=Area: 1920•FBM=Area:2358;FGD=Area:1300; FOP=Area:464; FOP=Area:480• FOP=Area: 464'TotaLArea: 1210 06
LAND INFORMATION
THER
DJUSTMENTS AND
U1ND
TOTAL
HIGHEST AND USE
LOCAL
FRO N
DEPTH
LND
COND NOTES
ROA
UNIT
LAND
LINT
TOTAL
ADJUSTED
LAND OVERRIDWNOTES
BEST USE CODE
ZONING
TAGE
DEPTH
/SIZE
MOD
FACT
RF pC LC TO OT
TYPE
PRICE
UNITS
TYP
ADJST
UNIT PRICE
VALUE
VALUEFRWATERW
0104
AFl
300
115
1.0000
0
0.7500
PW
500,000.0
1.00
LT
0.75
375,000.0
37500MOUSE
ON 2 LOTSOTAL
MARKET LAND
DATA
375,00
TOTAL PRESENT USE DATA
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Allen & Victoria McCall COUNTY: Brunswick
PROJECT NAME: 9219 Peakwood Dr SW
LOCATION OF PROJECT: 9219 Peakwood Dr SW, adj. to the AIWW in Sunset Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-13-21
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Brock DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250k#1196
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-18-22 END OF NOTICE DATE: 4-8-22
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes
C) 75 DAY DEADLINE: 5-24-22 150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 3-15-22 STATE DUE DATE: 4-8-22
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—NaturalHeritage Program
NCDOT
NC Dept of Commerce
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Al Y V\nlJ
Fee: $ IAO # 1 (01 Ip
CDAITS MHC cc
Applicant: PP - cr. , C �
Agent/Contractor: CW V1 0 A, l�
J
Project Site County: `
r��s... W
Staff: �s^ r o,c
District: Wilmington
Project Name: C C w� / \ u4�
k �S' o
Rover File: n/a
River Basin: L�
Initial date of application submittal: C1- 2-1
Date application "received as complete" in the Field office:
SITE DESCRIPTION/PERMIT INFORMATION
ORW: []Yes [�No I PNA: WYes ❑No
Photos Taken: Yes No❑
Setback Required (riparian): []Yes ®No
/ '
Critical Habitat: ❑Yes ❑Not Sure
15 foot waiver obtained: ❑Yes No
Hazard Notification Returned:
�No
❑Yes ❑No
SAV: ❑Yes (Vo ❑Not Sure
Shell Bottom: []Yes No ❑ Not
Temporary Impacts: Yes ❑No
Sure
Sandbags: ❑Yes No ❑ Not Sure
Did the land use cla sification come
Mitigation Required (optional):
from county LUP: Oyes ❑No
❑Yes 0No
Moratorium Conditions:
Environmental Assessment Done:
LengthofShoreline:
❑Yes No ❑NA
❑Yes (�JNo ❑NA
15 0 FT.
Shellfish Area Designation:
Project scription: (code)
�r
Development Area: (code)
0�
Open -or-
o r1c
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.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
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 w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ ll. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
Applicant:
Date:
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Work
Replace
I t
(0 x lJ 7
Maint ❑
❑ Y )N N
/� I
L L
New Work
Maint❑
Replace
El PUN
rr
I1D.�kL�•S
�p (%
New Work ❑
Replace
ry
�XZb
Maint ❑
❑ Y ❑ N
New Work Cl�
Replace
!
X �/
Maint ❑
❑ Y ❑ N
New Work
Replace
,
Maint ❑
El �N
IO KZQ
New Work W
Maint ❑
Replace
❑ Y IP N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
temp impacts)
amount
Dredge ❑ Fill ❑ Both ❑ Other.
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑ ,
919.733.2293 :: 1-888.4RCOAST :: vvww.nccoastalmanauement. net revised: 02/26/18
Recommendations for State Permit- McCall Docking Facility Extension
The square footage of the proposed docking facility is calculated as follows:
Shoreline length=158ft. x 8 sq. ft. =1,264 sq. ft. allowable.
Existing:
Access Pier (From NHW) _ —320' x 6'= 1,920 sq. ft. (Credit) TO REMAIN
Total (Existing) =1,920 sa. ft. (Credit)
Proposed:
Access Pier Extension = 6' x 67' = 402 sq. ft. (Credit)
Open Platform =16.5' x 21.5' = 354.75 sq. ft.
Open Platform around 10' x 20' boatlift = 154.75 sq. ft.
Boatlift =10' x 20' = 200 sq. ft. combined (Not Counted)
(2) PWC lifts = 7' x 6.75' = 94.5 sq. ft. (Not Counted)
Floating Dock = 9.7' x 41' = 397.7 sq. ft.
Total (Proposed) = 907.2 sq. ft.
Total Sq. Ft. for Docking Facility = 907.2 sq. ft.
The proposed development would provide docking space for a total of five (5) vessels. The proposed docking
facility would extend approximately 18l' beyond Coastal Wetlands to reach significantly deeper water throughout
the tidal cycle than in the existing location. The proposed docking facility extension would remain landward of the
established pier head line between 9269 Peakwood Dr. SW and 1324 Harbour Watch SW. The proposed pier would
also remain landward of the USACE 80' Federal Channel Setback, exceeding the ''/< width of the waterbody but not
the 1 /3`d width (Approximately 31 % of waterbody width). This distance would be CONSISTENT with NCAC 07H
.0208 (b)(6)(G) as well as the remaining use standards set forth in NCAC 07H .0208 (b)(6), including those which
dictate the maximum allowable platform area, the 15' riparian setback, and the Federal Channel Setback.
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Major Permit Fee Schedule
M- CC,, tj j,/4Ve,
Project Name: b � £x c,�,,
C.0
County: Y' S Check No & Amou S
r4 IIG
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
°
100 /o ($250)
°
0 /o ($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 AA C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
DCM Coordinator: Cam Luck
County:
Permit #:
WI/ROO E-MAIL DISTRIBUTION
, ISHEET /
Circle on :Bio Repo Permit for: I I I'W 6 W V th ✓ Ol M G C� '-
Oversize nt: jA
DCM Offices: N l W
Morehead 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). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: er & Carteret Co): PN, CL, Reports, Split Sheet _
use both mingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet
g Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: yolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
401 (PN/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources: VSheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries: Aim Harding
DCM PlannerlWiRO: /Mike Christenbury
Cultural Resources: \,Aenee Gledhill -Earley Environmental. ReyiewancdenrgOV_
Natural Heritage Prog.
URdney Butler_
�`///Mj�rk
DCA-Rural Eco. Dev:
Ziegler
NC DOT:
DD id Harris_
Wildlife Resources:
"M/aria Dunn w/Reports
_
State Property Office:
i Walton: DEED
ilsk Moser_
ands Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
emy Humphrey (Bio) /Shannon Jenkins (Pt)
iaron Gupton, Admin.
DEMLR:
hristine Hall - Stormwater Section
an Sams - Land Quality Section
m�
Public Water Supply:
�'41di Cox
City of Wilmington:
Enforcement: V Field Rep: "" '✓ V0
Co. LPO
Agent:
DISTRIBUTED:
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONJWAIM FORM
CERTIFIED IVAIL - RETURN RECEIPT REQUESTED of HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner N\\ e t`A ` (t ®1
Address of Property: C Z < << �t 1, K w c.c. C � � - � V✓ .r►e c� �?44,c '1
Mailing Address of Owner; Jl !GL l �nr, ��� (- laic ..r _ ` C 2-4ro (
Owners email nn Owners PhaweAr k `1V 4 t 1 114 S
Agent's Name: LJtJi%,%- U�c•. %(�•�►S �� )"`"Agent Phons �`ji 3V CS�
Agent's Email: _�O�nLrc.�.
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adjacent Property OMnMM
I hereby certify that I own property adjacent to the above referenced property. The W11imidual applying for this
permit has described to me. as shown on the attached drawing, the development they are proposing -
A descriotion or drawing with dirrwncinnc msecf Fxs nrn.i"wl With Ihic foffor
I DO NOT have objections to this proposal I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive EXT, Wilmington, NC 2W5. DCM representatives can also be contactedat
(910) 796-7215. No response is considered the same as no objection if you have been notified by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pings, boat ramp, breakwater, boathouse, lift, or grin
must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this
does not apply to bulkheads or riprap revetments). (If you wish to waive the selbadL you must sian the
appropriate blank below.)
I DO wish to waive somelall of the 15' setback
Signature of Adjacent Roadsin Pmper'ly Owe w (ARPO)
-OR-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner
Typed/Printed name of ARPO: K) S T C-
Mailing Address of ARPO: l �oZ oZ I �Pet�i� Lt9OG�.t' K/i1, J,
ARPO's email: C&11 , CPU& h'�►Wmrs Phone# `7 l U ;(qs - e;L0 5>
Date: -3 -15- " 9 k 'waiver is valid for up to one year from ARPO's Signature'
Revised May 2021
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Major Permit Fee Schedule
AA11C.,rtI Q/�/aVe_
Project Name: O
w
County: r n S Check No &lAmou
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($O)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A, B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(8). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
October 27, 2022
Regulatory Division
Action ID No. SAW 2022-00660
Red Lips, LLC
Attn: Daniel Walters
PO Box 1288
Lumberton, NC 28359
Dear Mr. Walters:
Reference your application for a Department of the Army permit to extend an existing 5-
slip docking facility to the established pier head line at the Federal Channel Setback to access
deeper water along the AIWW in Sunset Beach. The modified docking facility will be located in
Waters adjacent to the AIWW at 9219 Peakwood Drive SW, Sunset Beach, Brunswick County,
NC.
This modification to the docking facility will relocate the existing L-head, floating dock,
and three (3) boatlifts approximately 83 feet waterward of their current location, to a location
that is 2 feet landward of the USACE Federal Channel Setback. The existing L-head will be cut
down to 6 feet wide and a new 6 feet by 67 feet access pier will be extended southeast and
terminate at a relocated 16.5 feet by 21.5 feet L-head. To the east of the relocated L-head, the
proposal is to relocate the 16 feet by 28 feet fixed platform with a 10 feet by 20 feet area cut out
to accompany an open boatlift. To the west of the relocated L-head, a gangway will lead to a 9.7
feet by 41 feet parallel floating dock that will be relocated from its existing location. Two (2) 7
feet by 6.75 feet PWC lifts will be relocated to the west of the relocated floating dock. The
docking facility will result in the cover and shading of approximately 1,678 square feet of
estuarine Waters of the US.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
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modified.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone 910-523-1151 or email Gregory.e.currey@usace.army.mil.
Sincerely,
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
Manatee Guidelines
GP 291 conditions
Copies Furnished by Email (with enclosures):
NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Ms. Amanda Cannon
NCDEQ/DCM; Mr. Brendan Brock
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram
Bean and Associates; Mr. Wayne Beam
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Special Conditions
1. All work authorized by this permit must be performed in strict compliance with the submitted
plans, dated August 11, 2021, which are a part of this permit. Any modification to these plans
must be approved by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at (910) 772-2191.
3. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to ensure the
structure and moored boats will not be damaged by wave wash.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083,
Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
5. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
6. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the
North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
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8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found athttp://www.fws.gov/nc-
es/mammal/manatee_guidelines.pdf.
9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre-project condition.
10.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation.
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:
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,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2
3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
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Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.