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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 <Form continues on back> 252.808-2808 .. 1.888.4RCOAST .. www.nccoastaimanagement.nq,f�," 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? <Form continues on next page> 252.808-2808 :: 7-888.4RCOAST :: www.nccoastalmanagement.net 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� <Form continues on back> F�4 252-808-2808 :: 1.888-4RCOAST :: www.necoastaimanagement.net 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 o ui m co E = QLU uLl- R Ov u- K 0 O41 GO *a (3 x J~ W N 0 ' �W p Z v AW w J 0 a/^�++ ' 0 U ® 'Q +�+ . W � -i i M c R ® O a) �� N L O 0 l IL w 'o Ak r Amk J- rillQ • 6 IL11 IL o > y ti 1= �a oa6mr- U. s 0 w ° ° E ° �a m O u R cr z 3 m m; So CL v e U d � G Q 0 NOR 111 CFFOLi,M 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 SION, U.S. Postal Service" u- CERTIFIED MAILD L)Onyestic All'if OnlY RECEIPT m a AN, COMa l Fas1�75 rq 0 04 0 C3 O�ft S*.w. R� p 0 0�1 94� R%�� Poagge $0.2 m Tots weeps an -33 $ O Sent ru M SM-6- -a'. qk ........... �tdIZ47�-f— 90-, --- I -----.............. 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 r CJi L Y \ m r v c tti s > C oq I I : � I I I � I I (I APO ty 0 -(A In flu ^, W A� yW Tv W O X O v — 0 v� N 0 c O +�+ n') ° `� a E .� O � N o rv, v N N a O c� •C � v � LU(_n Y " V O O G � cv N > N v 6 O Ol L a C E _-ate_ °1�O m > O > — E' 3 C+7 w r � 7, F. l.J �n MA An4 9aeH bH l 1, ' I M ' cc r pa;ueaE) aaueiaen,,��rr :'> poOmlead 69Z6` 70 3 ' , 0■®o•0 1'II`' It rn rn 1 $TmP- POINT IN POINTIN SWASH SWASH e`s`' 0 60 120 180 p rE \ VE 16 j0 GRAPHIC SCALE e4v \ 1" = 60' IRF IWIPF FLOOD LINK :ONTROL SCALED FROtA FLOOD LINE OORNER FEMAWP \ ` SCALED FROM \ 1 FEMA MAP CP Q Ys+ y ZONE e\\ X SHADED 4 G ZONE X SHADED 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' \o 0 ZONE \Ly NE X SHADED \y#. X SZOHADED IRRIGATION ALIEN MCGAIL \ w6u VICTORIAMCCNL O TA%tl \ z9.4' 255-0002502 eG(� *y\+riy GB, 2919 M. 701 CP A� 1^y� Pa. WPG. 167 u�'0P poi \ \ � \ 3m P ql x 10.0' UPLANDS 39,186 SF yo \ h 0.90 AC. DEAN SPATHOLT 0P\' q \ TAX# \ AE 14' \ 25600-025 p OB, 887 PG. SM \ \.,.PB. Y PG. 107 °p CP \ `'A/ \�Z VE 16 CP \'W s� Gy ryp1 VE 16' x 5.2' ♦F` �Ql FLOOD LINE -q(1 �EMA MAPM :ZD� MARSH \ �m MAIL: w 8 9229 PEAKWOOD DR. SW CALABASH, NC 28467 46 DEAN SPATHOLT 'm \ TAX# 255-00-025 DB, 867 PG. 558 \ \ PB. Y PG. 107 w .1 n FR m-9 FLOOD LINE SCALED FROM •EMA MAP ml BRICK wauc 6.T 4 .41�R GAzSa0 VE 16' A. 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. i OC CO LD ao Y H C W O 3 a U a Y o- ` m C a)z o vu aj c` Z `o u W E on oui O a v aLn N V? u V � a � u 2 Y N O to CO L d Z m a }a u " 2 v v a a E Y v E C- > c Y .0 m U a '� c 'L cc c o w u 'a Cl ate,. y Q N � N o v o p u 0 0 v cr m 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 Scanned with CamScanner f` ` OiN1s>u4.0 � L mMPuw i \N f;: SY <.,tot r `` f/lrfwOlfftrd r�,Ndrft. rw�wf ` tr11, �/�• ♦ AS, \: �/1 s7M3fD J sm PUMNOM OL Iii ftwoo,4 AWIPW/1.29M 1 Mfm- MCMEM f►0/.» LOW 8 11 M 3Ci MC Mon /Of,wi�YM� �tAf+Rflr. \_,y Mi«m ROWNSMOX.MA �IYi�Oiq+�i.LYC VAN / iR+.+fO.FrW1T ra aftmom + a/Ef1+/i �/9f+/.M1 tl,.11/w�/1if r54+Y 7 ` O ~M R 1mffRfiMtlHA f+7fii, f Ys�/11.+OIR�.dM. rn lww-t wmLw jwdw +B1b/P�O+,1RL oa�o CPO • w-4/N+gf/f / /r.fOYltlYf y, w/fo.9r/f if i• ww[ �df /k MNlMf 1/+l0®w�Ol�Oilltll \ Q /Ith omw%mo11•com"Mom Of�,r6=fi+7/Y/IO+//IL r, n a r,/wGWMADr�� r*a�nr 4XZxLft \ o�ewonsspo.aaTao-a \ rft o MARSH s . Yeti: •\�� �PENOfOW ORq `s i \ :\ a DEAM SYAflQT f ` ,�, rlp . eal.�V s �•t ct• Go rec�- . Y PG, SEA ,sr '' •+r f .01 y.. / +anrm i 11r�► MEMO i roar1001, ft. loom .00 ,�-> �`• �I / . ,, samara a .. :u.s..o..� / MCWsum LNE . ' .01/ice / / rorsonrs '. / • �1 /' f. � s '' Q >Qa�ssss�me�ssE G de jo ANDCAMPECUREMEMM / Scanned with CamScanner 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 -2- 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 -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, dated August 11, 2021, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (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. -3- 8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found athttp://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. 9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 10.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation. DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2022 Expiration Date: December 31, 2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT (RGP) A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP. Operating Procedures a. Applications for joint state and federal authorization under this programmatic RGP will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the U.S., including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional RGP or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP orNWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation, and guidance. e. This RGP does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this RGP process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this RGP will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this RGP until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the RGP have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This RGP will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this RGP or any Corps approved modification to this RGP, no excavation, fill or mechanized land-clearing activities shall take place, at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the North Carolina Division of Water Resources. e. The Permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). f. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause umeasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The Permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the US to its former conditions. i. This RGP does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The Permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging, or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. k. The Permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This RGP does not grant any property rights or exclusive privileges. m. This RGP does not authorize any injury to the property or rights of others. n. This RGP does not authorize the interference with any existing or proposed federal project. o. In issuing this RGP, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this RGP. ( 4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this RGP. p. Authorization provided by this RGP may be modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this RGP shall be five (5) years unless subject to modification, suspension, or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This RGP does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by this RGP, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. Endangered Species. (1) No activity is authorized under this RGP which is likely to jeopardize the continued existence of a threatened or endangered species directly or indirectly or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under this RGP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (2) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA consultation is necessary. (3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (USFWS) or NMFS, the District Engineer may add species-specific endangered species conditions to the RGP verification letter for a project. ( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. (5) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below, or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. The Raleigh USFWS Office covers all NC counties east of, and including, Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 (6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the Permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PB Os), which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO, where a take of the federally listed species occurs, would constitute an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply to a project, the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. (7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps and the U.S. Fish and Wildlife Service. See http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency- Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal agency is the lead federal agency for a project in the western 41 counties, procedures for satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will not be applicable for consideration under the SLOPES; however, information that demonstrates the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s") will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer apply/be valid. (8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf (9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an endangered or threatened species during construction, the Permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. v. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. w. The Permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the Permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. x. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the Permittee. y. It is possible that an authorized structure may be damaged by wave wash from passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The Permittee will not hold the United States liable for any such damage. z. Structures and their attendant utilities, authorized by this RGP, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. aa. The Permittee must maintain any structure or work authorized by this RGP in good condition and in conformance with the terms and conditions of this RGP. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this RGP will automatically transfer this RGP to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inform any subsequent owner of all activities undertaken under the authority of this RGP and provide the subsequent owner with a copy of the terms and conditions of this RGP. bb. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. cc. Except as authorized by this RGP or any Corps approved modification to this RGP, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. dd Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ee. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~-------;? rt---ffr--.-/A ___ - ,,/ ~ . ,, _/q~ __ /· ' ,,.,,....,,, HeF~fam1nA. Bennett Colonel, U.S. Army District Commander United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee’s principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 2 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field Office. 7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 3 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.