72-22 Kugler, Dan

Permit Class Permit Number
NEW 72-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Dan Kugler, 6440 McCrimmon Parkway Morrisville NC 27560
Authorizing development in New Hanover County at adj. to Banks Channel. at 6 Sounds Point in
Figure Eight Island as requested in the permittee's application dated 2/27/22 (MP-
1. MP-4). including work plan drawings (5) Sheets 1-2 of 2, dated 3/19/22.
This permit, issued on August 10, 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
)tthese terms may be subject to tines, imprisonment or ctvu action; or may cause mo Pcnuu w tic Hull auu VUIU.
Docking Facility
This permit authorizes only the additional floating dock and other. structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No other
structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
2) This permit authorizes 1 additional formalized boat slip for a maximum of 6 formalized boat slips at
this docking facility. At no time shall more than 6 vessels be moored or docked at the facility. The
restriction of the number of vessels shall apply to all marine vessel types, including but not limited to
motorboats, sailing vessels and personal watercraft.
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
August 10, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
i For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dan Kugler
ADDITIONAL CONDITIONS
Permit No. 72-22
Page 2 of 3
3) In order to comply with Condition No. 2 of this permit, no tie piles, cleats, or other formal mooring
structures shall be constructed along the landward edge of the proposed floating dock. Any additional
vessel or mooring structures that would increase the number of formalized boat slips without permit
modification shall be considered a violation of this permit.
4) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine width of the water body shall be made from the normal high-water line
or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.
5) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7), The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) 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
10) 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.
11) 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.
12) 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 4497 and assigned the project DWR Project No. 20180386v2.

Dan Kugler
ADDITIONAL CONDITIONS
Permit No. 72-22
Page 3 of 3
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Dan Kugler
PROJECT NAME: 6 Sounds Point
COUNTY: New Hanover
LOCATION OF PROJECT: 6 Sounds Point, adj. to Banks Channel, Figure Eight Island, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-31-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Elks
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 4-9-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 6-14-22
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $2SON6025
END OF NOTICE DATE: 4-30-22
DEED REC'D: Yes
150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 4-5-22 STATE DUE DATE: 4-30-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
X
r
1-G^-e�Sle-
DCM — LUP Consistency Determination
I ��
X
Local Permit Officer
o
Corps of Engineers — Regulatory Branch
DWR-401 Section
3�
x
I'
Z���—D g(o Z
4 Li
DWR— Public Water Supply
li qj
x
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
2�
Wildlife Resources Commission
Cj
DMF— Shellfish Section
LI 13
DMF — Habitat & Enhancement
5 3
X
DNCR —Archives & History
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
rJ
/�

DCM Coordinator: Cam Luck
County: N q-
Circle on :Bio Repo Permit for:
Oversize Plans sent:��
WIRO E-MAIL DISTRIBUTION SHEET
ba vt kto )-er
Permit #:
DCM Offices: 0 1 A
Morehead City: PT (if oversize) via Courier
Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
`MHC documents (Cam & Amanda —
Wilmington: Original hard -copy
ONLY USACE & DWR (wro). Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: =4444aWjPeTTder & Carteret Cc): PN, CL, Reports, Split Sheet use both [e-mail] (NH/BR): PN, CL, Reports,_ Split Sheet
g Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
e r - 401 (PN/nN) PN CL. Reports, Split Sheet _
Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
U
Marine Fisheries:
✓Kim Harding
_ Ki
�e
DCM PlannerlWiRO:
Christenbury _
Cultural Resources:
✓/NtikRenee Gledhill -Earley Environmental. Revienftcdenr.00v_
Natural Heritage Prog.
%Rodney Butler_
DCA-Rural Eco. Dev:
✓Maark Ziegler
NC DOT:
`David Harris _
Wildlife Resources:
14aria Dunn w/Reports
�m
State Property Office:
Walton: DEED
a Moser _
da Hilliard, Real Property Agent (Bio Reports only)
7
Shellfish Sanitation:
—
JS my Humphrey (Bio) / (Pt) -_
,,Sharon Gupton, Admin.
DEMLR:
ristine Hall - Stormwater Section _
an Sams - Land Quality Section _
Public Water Supply:
Veanidi Cox
City of Wilmington:Z=3to0ft--
Imo►yEnforcement: Awa V Vy' 6';11 �
Co. LPO GY
Agent:
DISTRIBUTED: 7/�

RECOMMENDATIONS FOR 6 Sounds Point • Kugler, Dan 41412022
Shoreline length =155' x 8' =1,240 ft2 (maximum allowable)
Existing pier = 6' x 36' = 216 ft2 (credit)
Existing fixed platform =10' x 16' =160 ft2
Existing fixed pier = 3' x 20' = 60 ft2
Existing fixed pier = 6' x 32' =192 ft2
Existing floating dock = 8' x 16' =128 ft2
Existing floating dock = 8' x 32' = 256 ft2
Existing boatlift (2)13' x 13'=169(2) = 338 ft2 (not counted
Proposed floating dock = B' x 40' =320 ft2
TOTAL =1,116 ft2
It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the
pierhead line, the eight -square foot rule and the pier width rule, This office has no objection to the proposed work, provided
it is consistent with all other local, state, and federal permitting requirements, Any permit issued should include standard
conditions for private docking facilities.

MEMORANDUM
To: Cameron Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Major Permit Application, Dan Kugler, New Hanover County
Date: July 18, 2022
This project is consistent and not in conflict with the New Hanover County Comprehensive
Land Use Plan.
The applicant proposes to install a new 8' by 40' floating dock for a total of 6-slips. The project
is located at 6 Sounds Point, on Figure Eight Island in New Hanover County.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation with EW and PTA Areas of
Environmental Concern (AECs) involved. Waters at the site are classified as SA-ORW and are
open to shell fishing. The area is not a PNA.
In general, New Hanover County allows development in Conservation classified AECs, which is
consistent with the State's minimum use standards. The New Hanover County Comprehensive
Land Use Plan contains some policies, which exceed the State's minimum use standards.
However, none of these policies appear to be applicable to this project.
This project appears is consistent with the 2016 New Hanover County Comprehensive
Land Use Plan.
Cc: File

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
DATE: May 31, 2022
FROM: Holley Snider �s
NCDECI-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20180386v2
No Written Approval Required
PROJECT LOCATION: 6 Sounds Point, Wilmington, New Hanover County
Kugler Docking Facility
PROPOSED PROJECT: Expansion of an existing docking facility to provide mooring for six (6) vessels
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request dated February 27, 2022 and received by this office on April 5, 2022. The waters of Middle
and Topsail Sound are classified as SA;ORW by the Division of Water Resources (DWR).
In accordance with the attached General Certification #4497 (GC 4497), the impacts described in
your application do not require written authorization to utilize GC 4497. However, you are required
to follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(but not limited to erosion and sedimentation control regulations and state stormwater
requirements before you proceed with your project). Also, the approval to proceed with your
proposed impacts to waters a depicted in your application shall expire upon expiration of the 404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
North Carolina Department of Environmental Quality I Division of Water Resources
® E Q
w THcumrw p
uo.m.er a eo..�ni a.m�
127 Cardinal Drive Et. Wrtmington, North Carolina 281105-5406
910.796.7215

DocuSign Envelope ID: 7ABBF9AE-0944-472F-9939-465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO. 4497
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL
GENERAL PERMIT 1978000S6 (PIERS, DOCKS AND BOATHOUSES)
Water Quality Certification Number 4497 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Regional General Permit 197800056.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter
set forth.
Effective date: January 3, 2022
Signed this day: October 28, 2021
z
EDocuSigned ay:bP vfayf
for
S. Daniel Smith
Director

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
April4, 2022, RECEIVED
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator MAY'0 $ 2022
NCDEQ - Division of Coastal Management MID SECTION
400 Commerce Avenue, Morehead City, NC 28557 DCM . MHD CITY
Fax: [phone] (Courier 11-12-09)
cameron.luckl(&N C DEN R.Qov
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point ad). to Banks Channel, Figure B Island, Wilmington, New Hanover
County
Proposed Project The applicant proposes to add a new 8' x 40' floating dock fora total of sir (6)
slips.
Please Indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 30, 2021 If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. One slip proposed and 5 existing totaling six slips
PRINT NAME Wanda Hilliard
AGENCY ,,'' `` State Property office
W SIGNATURE 416' RiC DATE April 27,2022
�pEQ�
mmmny�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator RECEIVED
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28657 Mqy 0 3 PIZ
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.eov . Mp SECTION
SUBJECT: CAMA
DCM - MHD CITY
Applicant: Dan Kugler
Project Location: 6 Sounds Point, ad), to Banks Channel, Figure 8 Island, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to add a new 8' x 40' floating dock fora total of six (6)
slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 30, 2022. if you have any, questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
r�
PRINT NAME
AGENCY NC � o Go�nrna ice
SIGNATURE ' lAV 1 �"' `) 1 A-V- DATE //2-q 12-2-
DEC��
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Wensign I Wilmington. North Carolina 211405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
April 4, 2022
MEMORANDUM
NORTH CAROLINA
£nvironmentalQuality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(GD NCDENR.00v
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point adf. to Banks Channel, Figure 8 Island, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to add a new 8' x 40' /loafing dock for a total of six (6)
slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 30, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE
RECEIVED
MAY.O 312022
MP SECTION
DCM - MHD CITY
DATE 04/28/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
um.ran u,.o�mmnn�
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
ApH14,2022
NORTH CAROLINA
EnvlronmentalQuallty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, INC 28557
Fax: [phone] (Courier 11-12-09)
cam eron.luck(@NCD E N R.cov
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point, adj. to Banks Channel, Figure 8 Island, Wilmington, New Hanover
County
Proposed. Project: The applicant proposes to add a new 8' x 40' floating dock for a total of six (6)
Slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 30, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
romments.
PRINT NAME \)(L,$� i tt t�ou
AGENCY IJr it WrJUgRr (?e
SIGNATURE �� DATE S / 2 0 ZZ
RECEIVED
Pr�j S
VXMZ022
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
_ wllmmgton Office 1127Cnrdmal Drive Extension 1 Wgmington,North Carolina 28405
910.7%.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
April 4, 2022
e_'-]_2. ot_I_ol
NORTH CAROLINA
Envronmenta/Qualify
e 1
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax [phone] (Courier 11-12-09)
cameron.luckONCDENR eov
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point, adj. to Banks Channel, Figure 8Island, Wilmington, New Hanover
County
Proposed Project: 77le applicant proposes to add a new 8' x 40' floating dock for a total of six (6)
slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return fts form to Cameron Luck at the address above by April 30, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only 9 the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME M�1;aT�i�nn A RECEIVED
APR 2 61U22
AGENCY N� RC MP SECTION
qqq DCM - MHD CITY
SIGNATURE %\ DATE 25 Z0'LZ
Vol
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELVABM14 S. BISER
Secretary
BRAXTON DAVIS
Director
April 4, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDEN R.gov
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point, adi, to Banks Channel, Figure 8Island, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to add a new 8' x 40' floating dock for a total of six (6)
slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 30, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached*"
This agency has no comment on the proposed project.
This agency approves of the project only If the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE Mom. aow DATE 4i6/22
RECEIVED
A96c 6
MA"4 2022
MP SECTION
DCM - MHD CITY
®� ��� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Received: 04/07/2022
.._� State Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April4, 2022
NORTH CAROLINA
Environmental Quality
ER 22-1127 Due: 4/15/2022
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
camero n.luck@NCD ENR.c ov
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point, adj. to Banks Channel, Figure 8Island, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to add a new 8' x 40' floating dock for a total of six (6)
slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by ApH130, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments With supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY State Historic Preservation Office
SIGNATURE
DATE April 19, 2022
RECEIVED
APR 1 9 2022
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck D(,NCDENR.Qov
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point, adj. to Banks Channel, Figure 8 Island, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to add a new 8' x 40' floating dock for a total of six (6)
slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 30, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins RECEI,
APR 7 �Q ,
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality MP SEC
DCM - DnL-.
.Rnmcwxnmw4 E Q;'
u,.,mm,mu�u®owawn�
DATE 04/06/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Application Review Checklist
Letter A 1)31 75 (Q 14
Placard Comment L1 /3b
Applicant
��,..� �ry,)Q.(
Pub A'_Comment J
Computer I A
Agent
Deficiency Letter?
DWR ACK Date
2 DWR Statements
Physical Address
`
O�. �, r7p �]�,,,�5�,
r.•. a..e 4-10XO
V JC
Field Rep. ^E
Nei
AECs
p
�W77 7ii}
Habitat
ram, Development
Buffer
Buffer
Riparian Notification?
Green Card?
—Designations
Signed Form? Obj
Waive 15'
,\\
Fee Schedule la�v
x
,X
Water /
Dependent
x
Deed? V
Raparian rights
PH or
-7'
TH �7
From Property line
1/4 width?
Nav/Channel Proximity
Residential Commercial
FT' calculations 8ft'or 27ft' N/A
ISSUES OF NOTE
AA I f-t� 81 x "o
9,�e) �v,sQIA q1
- W& aw c
do eJe— �er

Major Development
Excavation/Fill
Applicant
�V�-
Address
County
Physical Location including
Waterbody Description
MP Forms
Dates
6L►U10
Permit Checklist
I
Permit #
MPl
P2
MP3
MP4
MPS
!�
Drawings m� N 7/ri)2Z
# Drawings & Dates
Development Types
Including Conditions
and Notes
i 5 Sep VJ'k
DWR 401 Certification #
USACE SAW #
Permit Fee �2 SU
Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Dan Kugler c/o Trip Pippin
2. LOCATION OF PROJECT SITE: 6 Sounds Point, adjacent to Banks Channel, Figure Eight Island, New Hanover
County.
Latitude: 340 15'00.480 N, Longitude: 77045' 59.51" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/23/2022 Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 3/17/2022 (initial) 3/31/2022 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — New Hanover County
Land Classification From LUP — Conservation
(8) AEC(s) Involved: EW, PTA
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — NIA Planned — NA
(F) Type of Structures:
Existing —Private 5 slip docking facility with floating docks, boatlifts, and a bulkhead.
Planned — Add a new floating dock for a total of 6 slips.
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
7
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (shading impact)
(B) Non -Vegetated Wetlands (Open water)
320 itz
(Additional
incorporation)
(C) Other — High Ground
(D) Total Area Disturbed: 320 ftz / 0,007 acres
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: The applicant proposes to add a new 8' by 40' Floating dock for a total of 6 slips.

6 Sounds Point, Kugler, Dan
Page Two
9. PROJECT DESCRIPTION
The project site is located at 6 Sounds Point on Figure Eight Island, adjacent to Banks Channel and Middle Sound,
in New Hanover County. The island is accessed from the mainland at the end of Edgewater Club Road (SR 1402),
by private bridge over the Atlantic Intracoastal Waterway (AIWW) and an earthen causeway, which traverses
Middle Sound. Heading east on the causeway, turn right on Beach Road South and travel south approximately
1.74 miles then turn right onto Little Neck Road. Travel approximately 0.1 miles and turn left onto Pipers Neck
Road, then travel approximately 0.1 miles and turn left onto Sounds Point. The project site will be at the end of
the road.
The 0.42 acre property is located on the south end of Figure Eight island, adjacent to Banks Channel and Middle
Sound. The parcel has an existing single family residence, with a bulkhead, docking facility, with the highground
approximately 4' above normal high water (NHW), Upland vegetation on the property currently consists of
ornamental landscaping and lawn grasses. The approximately 155 linear feet of shoreline frontage along Banks
Channel and is currently stabilized by a steel bulkhead that approximates normal high water with a 6' wide
boardwalk positioned partially over the water and partially within the 30' buffer. Waterward of the bulkhead is
open water devoid of coastal wetlands with depths adjacent to the bulkhead ranging from -3' to -5' NLW
The applicant currently maintains an existing five (5) slip private docking facility. A fixed pier extends southeast
from the bulkhead into Banks Channel, measuring approximately 36' in length by 6' in width, terminating in a 10'
by 16' L-head platform. An access ramp extends from the platform to the northwest onto an 8' by 16' floating
dock, positioned parallel to the shoreline with a 13' by 13' boatlift installed on the landward side. A 3' by 20' fixed
finger pier extends to the south from the 6' by 20' access pier. The fixed finger pier is positioned parallel with the
shoreline and attached to an additional 6' by 32' fixed pier, creating a fixed U-shape structure. A 13' by 13' boatlift
installed is installed within the U-structure, Another access ramp extends from the 6' by 32' fixed pier in a
southeastern direction onto an 8' by 32' floating dock, positioned perpendicular to the shoreline. The boat lifts were
authorized via CAMA General Permit No. 50235D issued to a previous owner (McGeorge) on 5/2108. The bulkhead was
authorized via CAMA General Permit No. 43383 issued to a previous owner (McGeorge) on 11/21/2005. State Permit 44-
18 was issued to Mr. Kugler on May 11, 2018 for the current docking facility configuration. No other permit history was
located for this property. The existing docking facility currently accommodates up to five (5) vessels.
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion at
the property as Conservation. The waters of this canal, Banks Channel, and Middle Sound are classified SA-ORW
by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division
of Marine Fisheries and they are OPEN to the harvest of shellfish.
The applicant proposes to add a new 8' by 40' floating dock for a total of 6 slips. The proposed new 8' by 40'
floating dock would be attached to the waterward end of the existing 8' by 32' float positioned parallel to the
shoreline. Three pilings would be installed along the landward side of the 40' float to restrict this area from
becoming a slip. According to NC DMF Shellfish Sanitation additional slips above the proposed six (6), when
considered in combination with the four (4) authorized slips at the neighboring docking facility at 7 Sounds Point
would necessitate a closure since they are within 100' of each other. According to the applicant the proposed
floating dock would be typically for boats 30' in length and for private family for use (see MP-4 and Drawing 1 of
2). Water depths, confirmed by DCM, in the vicinity of the proposed float range from approximately -3 to -6 normal
low water (NLW). According to the applicant, the addition of the proposed floating dock would not encroach into

6 Sounds Point, Kugler, Dan
Page Three
either riparian corridor nor extend beyond the pier headline. The docking facility adheres to the 8 square -foot rule
and extends approximately V into the approximately 344' wide waterbody.
10. ANTICIPATED IMPACTS
As proposed, the new floating dock would result in the incorporation of approximately 320 ft2 of additional Public
Trust Area and Estuarine Waters. The project area consists of open water, and there would be no impact to
vegetated wetlands or to the high ground area. No encroachment of either adjacent15' riparian setback or pier
headline is anticipated. There appear to be no SAV present in the project area. Minor increases in turbidity
should be expected during project construction.
Submitted by: Katharine Elks Date: April 4, 2022 Office: Wilmington

P. O. Box 11291
W Imington, NC 28404
w .plppinmadne.com
March 20, 2022
NCDEQ
127 N. Cardinal Drive
Wilmington, NC 28405
OMWIFa 910-270-1290
Mobile: [phone]
Wp®pippim�One.com
fhe enclosed CAMA Major Permit Application is being submitted for Dan Kugler at 6 Sounds Point,
Wilmington, NC 28411. The application is for adding an 8' x 40' floating dock to the existing docking
facility which will add 2 more slips for a total of 7. This docking facility is private and for family use
only.
fhe project proponent hereby certifies that all information contained herein is true, accurate and complete
to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this CWA
401 certification request within the applicable reasonable period of time.
Thank you,
Trip Pippin
Pippin Marine Construction, LLC
RECEIVED
MAR 21 Hie'
!)CM WILMINGTQN, NC
Piers - Pilings - Boat Lifts - Bulkheads - Flwting Docks - Residential & Commercial Marine Construction Since 1984

ocM MM
APPLICATION for
Major Development Permit
(lost rovlsod 1207/e6)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary ApplicantlLandowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
o
MI
Last Na e
&(160
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional pages) with names listed.
/Address
Mailing
PO Box
City
State��
ZIP
Country hone No.
FAX No.
Street Address (if different from above)
City
State
ZIP
Email
Z Agent/Contractor Information
Business Name
Agent/ Contractor 1: Firse
MI
Last Ne
/ 9/w
Agent/ Contractor 2: First Ner6e
MI
Last Name
Mailing Address
PO Box
City
7410ll�
State
ar , d
llzgf
o
L
ZIP ���
Phone No. 1
�D
7 0?63 wd.
Phone No. 2
ext.
FAX No.
Contractor fJ
74 398
Street Address (if different from above)
City
Stale
ZIP
Email
r �
r/
o
<Form continues on back>
MAR 17 202'Z
252-1108-28 0g .. 1-888-IRC0AST .. www. nc c ons to l m a nag r. me np.GM1WILMINGTON, NC

APPLICATION for
Form DCM MP-t (Page 2 of 4)
Major Development Permit
3. Project Location
Coun (can be multiple) Street Ad�
state Rd. if
-----
e Zip
Sumvision Name
city
w,l
re
o� L
t No.(s) (if many, at�edt
a
page with Nst)
Phone
ext-
a. In which NC er basin is the relied bratedT
.Name
of body of
tern
rest to proposed project
c. t the ulster body identified in (b) above, natural a ure man
Natural
e?
Name the
)a
heady to the proposed project acts.
O
[Manmade []Unknown
C
e, is rk within city limits of planning Jurisdiction?
f
H apPlkeble, list the
waIn.
kfegs vMn
nni
f
jurisdiction or city Iirrit the proposed
]Yea No —
I
—
0
4. Site Description
a. Total length of shoreline on the tract (R)
b
She of entire tract (q.R)
Itl
�t /D
e. Size of individual lots -
4
d
Appro:dm ile eteva
NWL(fnamedwafer (eveo
of
et above NHW (n=W W water) a
! y7
(if many lot sizes, Please attach eddNonal Page with a ust)
KHW
^'1
I..N, -
e. Vegetation on tract
Za am
r. Man-made features and uses now on tract
g. Identify and describe the existing land Uses adlecent 10 the Probe
-act site.
—
with the applicable zoning?
h. How does 1=1 government nine the tract? 1. Is
a proposed project
consist
zoning comPlia
irate, if applicable)
es C]No ]NA
j. Is Iha proposed actrvdy part of an urban walerhont
moot
?
I
e8
k. Has a professional archaeological assessment been done
the IracCl
If yes, attach a ropy.'
Yes ONA
If yes, by whom?
L Is the proposed project located in a National Registered His
ric District
does it involve a
es []NA
National Register listed or eligible propwW
l
<Form cntinues ojt next page> i
II jjjj I
252.808-'2808 :: i-888-4PoGD�I ST .: Iw vre.ur coasts ire;tnagomnnt.net

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
M. (I) Are there wetlands on the site?
(II) Are there coastal wetlands on the site?
(Ili) If yes to either (1) or (II) above, has a delineation been conducted?
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water su`pply source
p. Describe existing slor water management or
SAP r Z «, rZte
5. Activities and Impacts
a. Will the project be for commercial,
slyW 'VA
b. Give a brief description of purpose, use, and daily operations of the project when compI to.
Dyes Mo
❑yss l7 f 0
Dyes [:]No
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.
!. List all development activities you prop1ose. ,
e. Are the proposed activities In tornyyp� of a existing project, new work, or both?
Id 4A
f. What is the approximate total disturbed land area resulting from the proposed project? ,f�
❑Sq Ft or ❑A
g. Will the proposed project encroach on any public easement, public accessway or other area I
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
pt)bt e-
I. Will wastewater or stomrwater be discharged Into a wetland-1 -- (K -- —
if yes, will this discharged water be of the same salinity as the receiving water? Dyes ❑No DNA
Dyes o ❑NA
J. Is there any mitigation proposed?
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on back>
MAR 17 2022
252-000-2006 .. 1-600.411COAS'! .. www.n ccoas t:�l""DCMem ent. of NC

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed appllcalfon foie, (MP-1) the following Items below, !/applicable, must be submitted In order for me application
package to be complete. !toms (a) — (i) are always applicable to any major development application. Please consult the application
instruction booklet on how to propedy prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In
which to submit comments on the p posed proje t to the Division of Coastal Management.
Name (� r// �7 [ ��/� Phone
/No. /
Address ��f yIF�DUt� %&!�/I�.�iYGJ ,,/ �`p 2 aw"
Name ryry& (� .) CL ,p / / f Phone No. !
Address D GGL/It.f�ol�(7,/, tiGfl�Gi//! Ale" I// �O a� ��y —
Name Phone No.
Address
g. A list of ppr�evious tale or federal permits Issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
h. Signed consultant or agent authorization form, N applicable.
1. Welland delineation, If necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed bypreperty owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land I
I understand that any permit Issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further cceertifJ)�that th/g information provided in this applicationistgAhful to the best of my knowledge.
Date d/z? Print Name //YfJ A/AFJ7;-?
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
[]DCM MP-3 Upland Development
CM MP-4 Structures Information
RECEIVED
MAR 1 'i m22
252-1100-2806 .. 1-088-411COAST .. www.nc c 0a5 to l In n naftcment. not
DCM-WILMINGTON, NC

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Pe
Appliation that relate to this proposed project. Please
1. DOCKJNG FACILITY/MARINA
a. (I) is the docking facility/marina:
❑Commerdal ❑Pubir/Govemment
c. (i) Dock(s) and/or pier(s)
(ii) Number
(III) Length
, �r
ad / �i.`(O/ d�
(Iv) Width
--lD--
(v) Floating
❑Yes IQNo
e. () Are Platforms included? ❑Yes ONO
If yes:
(ii) Number
(iu) Length rid A� Se "l
(iv) Width /
(v) Floatinlixes ONO
Hole: Roofed areas are calculated from dripfine 6
g. i7 N mbar of slips proposed
'71 91ICIJ. I/I
(i) Number of efips edsting
I. Check the proposed type of siting:
❑ Land cut and access channel
V.0pen water, dredging for basin and/or channel
pgOpen water, no dredging required
///❑Other, please describe:
�
k. Typical boat length: .12
r
M. () nil the facilely have tie pilings?
❑Yesto
(I) if yes number of tie pilings?
Form
de all
MP-t. Besure t
O Will the
❑Yes
to Are Finger
If yes:
Co) Number
(in Length
(v) Width
(v) Floating
() Are Boatift
If yes:
() Number
(Ii7 Length
(Iv) Wdth
Check all the ty
❑ Full service,
❑ Dockage,fu
❑ Dockage ('M
❑ Dry storage:
❑ Boat ramp(e
❑ Other. Pleas
Describe the t
charter boats,
I. () Win the fe
Oyes
all other sections of the Joint
❑This section not applicable
to the general public?
d? (]Yes ❑No
3
❑No
Afes ONO
ex�s f f N�
�6
vices to be provided.
travel gR and/or rail, repair or
arine supplies
only, number of slips: _
)f boats" _
r of boat ramps.
r'
a to be served (a. -, Open Nnat]OUt,
mb eel types).
r to the general publio? n
MAR 2 2 ZOZZ
I )(;h,1 :r.'lLt. '1INGl 0N, NC

Voi-rrt DCP47 [VIP-4 (structures, Pago 2 of 4)
2. DOCKING FACILITY/MARINA OPERATIONS YThis section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpoug Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of 'No Sewage Discharge" signs proposed.
(ii) Give the location and number of'Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and 'No Wake' signs proposed.
1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
m. Is the marinaldocking facility proposed within a primary or secondary nursery area? MAR 17 2022
❑Yes ❑No
DCM WILMINrTnnl ziC
2S2-n0(1-2Ut16 :; 1-IIIl U-^,RCpAS"i :: weup.nccoas ialmanogu,+�c„(•,rat ruvlced: 12127106

Vorm DCM MP-41 (Structures, f ago 3 of d)
n. Is the ma!r!in��aldocking facility proposed within or adjacent to any shellfish harvesting area?
[]YesY' No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ISSAV ❑SB
❑WL one ,/L,/�
p. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes 0
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. l
3. BOATHOUSE (including covered lifts) This section not applicable
a. (1) Is the boathouse stmcture(s):
[]Commercial ❑PublIcIGovernment ❑Private/Community
(li) Number
(iii) Length
(iv) Width _
Note: Rooted areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) [ this section not applicable
a. (1) Number
(ii) Length _
(Ili) Width _
5, BREAKWATER (e.g., wood, sheetpile, etc.) This section not applicable
a. Length _ b. Average distance from NHW, NW or etlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS This section not applicable
a. Is the structure(s): b• Number
❑Commercial ❑PubliclGovernment ❑Private/Community
C. Distance to be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
a. Arc of the swing
7. GENERAL
RECEIVED
MAR 17 2022
DCM WILMINGTON. NC
2:i24008-2800 :: 1-086-d RI%oA:Y :: rcvi:;orl: d212710fi

k=orni DCM WIP-4, (S,trtrctures, Prrgc A of A)
a. Proximty of structure(s) to adjacent riparian property lines
r. I
Note. For buoy or mooring piling, use arc of swing including length
of vessel.
c. Wi th qff body
e. (1) Will nevi ational aids be required as a result of the project?
❑Yes VAo ❑NA
(11) If yes, pin what type and how they will be Implemented.
b. Proximity of tructure(s) to adjacent docking facilities.
Q
d. Water depthat waterward and of structure at NLW o
1t�
18. OTHER []This section not applicable
a. Give complete description:
Dale
Ay
Project Name
Applicant in
Applicant Signature
RECEIVED
MAR 17 2022
DCM WILMINGTON, NC
'L `.i7.•DUn-'LaU6 :: I-L`80-4f;r:UA:)7 :: v:vrv:.nccu�scsilr-n,,n,;(h��r�rr4.no( rovi:;cA: i21271U(i

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
Trip Pippin
P.O. Box 11291
Wilmington, NC 26404
Dear Mr. Pippin:
NORTH CAROLINA
Environmental Quality
April 4, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Dan
Kugler, for State approval for development of the subject property located at 6 Sounds Point, adjacent to Banks
Channel, on Figure 6 Island, New Hanover County. It was received as complete on March 31, 2022 and appears to
be adequate for processing at this time. The projected deadline for making a decision is June 14, 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 31, 2022, you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project, Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a'Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
�. 14
Katharine Elks
Field Representative
cc: Cameron Luck, DCM USACE
Holley Snider, DWR Christine Bouffard, LPO
Dan Kugler, Applicant
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, *forth Carolina 28405
910.796.7215

LAMA PERMIT
APPLIES FOR
Aicant
roposed to add a new 8' x
in
Wilmington, New Hanover County.
COMMENTS ACCEPTED THROUGH �4�rs1 �L1T21122
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Dan Kugler
6410 McCrimmon Pkwy. �~ iv. of Coastalanagemen
Morrisville, NC 275150 127 Cardinalr. Ext.
Wilmington,
Agent; Pippin Marine Construction
c/o Trip Pippin Katherine s
[phone]

ROY COOPER
Coruna
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
DLector
April 5, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
NORTH CAROLINA
EnWronmeetal Quaaty
a Dan Kugler
Hello: Please publish the attached Notice in the Saturday, April 9, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter.
cc: MHC Files
Cameron Luck — MHC
USACE
ietila
Support & Customer Assistance
�D_E
North Carolina Department of Errvironmmtal Quality I DWlslon of Coastal Management
Wilmington Office 1 127 Cardinal OrIw Eztmslon I VIlmingtom North Carolina 28405
910.7%.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
I I3A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On April 4,2022, Dan Kugler proposed to
add a new 8' x 40' floating dock to an existing private docking facility for a total of six (6) slips at
6 Sounds PG, adi. to the Banks Channel on Figure Eight Island in Wilmington, New Hanover
County. Copies of these applications can be examined or copied at the office of Katherine Elks N.C.
Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,
Wilmington, NC 28405, [phone] 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 30, 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 & comment by the public and
state and federal agencies. Notice of the permit decision in these matters will be provided upon
written request.
D_E QJ North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I Wllmington, North Carolina 26405

N.C. DIVISION OF
AGENT
Date
Name of Property Owner Applying for
Mailing Address:
f
I certify that 1 have authorized (agent)
behalf, for the purpose of applying for and o
install or construct (activity)
at (my property located at) �1�1 lZ
This certification is valid thru (date)
Property Owner
MANAGEMENT
TION FORM
D
to act on my
all CCAMA Permits necessary to
a l //2 fi �/Ji
L
Date
RECEIVED
MAR 17 202?
DCM WILMINGTON, NC

P.O. Box 11291
9VIlmington, NC 2"M
www,plppinmsrinecom
Olfice/rax 910-270.1290
Mobile; 910-471-2034
Mp@plppinmarinecom
Your neighbor is applying for a CAMA permit. A drawing of the proposed work is included. Please check
the appropriate blanks and complete and sign the enclosed notification form. Return to me by e-mail at
[e-mail], or by mail to Pippin Marine Construction, P.O. Box 11291, Wilmington, NC
28404.
Contact me if you have any questions.
Thank you,
li�f
Trip Pippin
Pippin Marine Construction
RECEIVED
MAR 17 ?m
DCM WILMINGTON. NU

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION►WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner. &2
Address of Property: ,, //
MaIIIngAddresaafOwn9r. 41��0 Medei indi, �ri �1/%/ i&I lele' 2%SCD
Owner's email:
Owner's Phone#:
Agent's Name: / 0/.t Agent Phone#: Al 171 " .2 0Y
Agent's Email:
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be op alleged by the Adjacent Property Ownsrl
I hereby certify that I own property adjacent to the above referenced property. The Individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing.
A description or -drawing. with dimensions must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
ff you have objecftons to whet Is being proposed, you must nomy me rv.4. urwaren er vuua[u,
Management (DCM) In writing within 10 days of recelpt of this notice. Correspondence should be
mailed to 127Card1nal Drive EXr, Wflmington, NC 28405. DCMr spresentefhres can also be contededst
(91p) 790.7215. No response is considered the some as no objection N you have been notified by
Certified Mail.
WAIVER SECTION
1 understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, tiff, or groin
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 setback, you must sign the
appropriate blank below.)
100 wish to waive somelall of the 15 setback
Signature of Adjacent Riparian Property Owner
-OR-
1 do not wish to waive the I & setback requirement (initial the blank) y Vv
Signature of Adjacent Riparian Property Owner: 7-L 44"IZ-1
Typed/Printed name of ARPO:
Mailing Addres
ARPO's email:
Phone* Pl l°1 q W ('0 1(U
Date: L' 2` 1 ZOL- L 'waiver Is valid for up to one year from ARPO's Signature*
Revised May 2021
RECEIVED
MAR 17 2022
DCM WILMINGTON, NC

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATiONMAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner,
Address of Property:
Mailing Address of Owner. 41W Me &;l4V �O9
Owner's email: Owner's Phone#:
Agent's Name: /// ! 0!h Agent Phone*.
Agent's Emall:
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(9ottom portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing,, the development they are proposing.
A description or drawing. with dimensions, must be provided with this latter.
x I DO NOT have objections to this proposal. I DO have objections to this proposal.
n you nave oo/ecuons ro wner is Doing proposeo, you musr nary me n.v. Lirnsrun or wasm,
Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be
matted to 127CardfnalDriveEXT,Wllmington,NO28405.DCMrepresentativescan also becontacted at
[phone]. No response Is considered the some as no objection if you have been notified by
Certified Mail.
WAIVER SECTION
I understand that any proposed pler, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of I V 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 setback, you must scan the
appropriate blank below.)
100 wish to waive somelall of the IV setback
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the 15' setback requirement (Initial the blank) J E
Signature of Adjacent Riparian Property Owner:
TypadlPrinted name of ARPO: John
Mailing Address of ARPO:
6 Castlewood Dr. Durham NC 27713
ARPO's emall: ire12010amail.com ARPO's Phone#: 919SR96206
Date: 2/24/22 •waiver is valid for up to one year from ARPO's Signature'
MAR 17 2022
DCM WILMINGTON, NC

Chapel Hill,
NC 27516
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■ Complete Iterps 1, 2, and 3.
■ Print your nalftelaltd address on the reverse
so that we csrl,*g rn the card to you.
■ Attach this caid to the back of the mailplece,
or on the front If space permits.
1. Article Addressee to:
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t�lel5h NC a�(005
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❑ Atldre
S. RTIved Wt>!ff, Name) C.IDp�ooff q40
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If YES, enter delivery address below: ❑ No
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❑RR:egF MMail-
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Domestic Return Receipt
RECEIVED
MAR 17 20?1
OCM WILMINGTON, NC

,*.• <E-� , �� i.

Elks, Katharine B
From: Haines, Andrew
Sent: Friday, April 1, 2022 2:09 PM
To: Elks, Katharine B
Cc: Humphrey, Jeremy, Brannigan, Kelly E
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Follow Up Flag: Follow up
Flag Status: Flagged
Thanks Katharine,
We've had a chance to take a look at these revised drawings, and everything looks good to us. Thanks for bringing these
items to our attention and for facilitating a resolution! Have a good weekend
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
andrew. ha inesCcilncden r. oov
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Elks, Katharine B
Sent: Wednesday, March 30, 2022 1:43 PM
To: Haines, Andrew <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Thanks Andy,
Attached are the revised drawings for your review.
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405

1C. "Nothing Compares. ----
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Haines, Andrew <[e-mail]>
Sent: Wednesday, March 30, 2022 8:16 AM
To: Elks, Katharine B <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Thanks Katharine I This sounds good to me, although as you mentioned, we'd definitely like to review the revised
sketches before providing our final feedback. Thanks for the followup, and I hope you have a good Wednesdayl
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
and rew. haines(d)ncdenr.gov
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Elks, Katharine B
Sent: Wednesday, March 30, 2022 7:27 AM
To: Haines, Andrew <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: Re: 6 & 7 Sounds Point Road Dock Expansion Proposals
Good morning all,
I spoke with the agent for 6 Sounds Point and the back (landward side) of the newly proposed 40' float won't be
used as a slip. They have agreed to install pilings along the back side. The agent said that the property owner's
intentions are to deter fishermen from fishing along his bulkhead. Similarly, the agent at 7 Sounds Point has
agreed to install pilings along the back of the east side of the float. These changes would give a max of 4 slips at
7 Sounds Point and a max of 6 slips at 6 Sounds Point. I will send the revised drawings when I receive them. I
think these revisions should prevent a closure but please let the know if I'm missing anything.
Thanks,
Katharine
Katharine Elks

Field Representative - Wilmington Regional Office
Division of Coastal Management
Department of Environmental Quality
[phone]
From: Elks, Katharine B
Sent: Tuesday, March 29, 2022 10:09:18 AM
To: Haines, Andrew <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>;
MacPherson, Tara <[e-mail]>
Subject: RE: 6 & 7 Sounds Point Road Dock Expansion Proposals
Hi Andy,
Thank you for the information. I'll go back to the contractors and see how they want to proceed.
Katharine Elks
Katharine Elks
Field Representative - Wilmington Regional Office
NC Division of Coastal Management
Department of Environmental Quality
[phone]
127 Cardinal Drive Ext
Wilmington, NC 28405
IL
I.
s:' 7"NotWn9 Compares,..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Haines, Andrew <[e-mail]>
Sent: Tuesday, March 29, 2022 9:35 AM
To: Elks, Katharine B <[e-mail]>
Cc: Humphrey, Jeremy <[e-mail]>; Brannigan, Kelly E <[e-mail]>
Subject: 6 & 7 Sounds Point Road Dock Expansion Proposals
Good morning Katharine!
Thanks for passing along the information on the two Sounds Point Road projects. We've been looking through the two
plans, and at least with the layouts that have been provided so far, it is likely that these two projects, when considered
in combination, will necessitate a prohibited buffer closure. Based on our marina rule and policy, the slip counts at two
docking facilities within 100 feet of each other will be combined when determining if a closure is necessary or not. In
this case, it appears that the two proposed docks will be within 100 feet of each other, and will combine to total 12 slips,
which would require that a closure extending 100 feet in all directions from the outer -most slips be put in place.

If these two docks can be separated by more than 100 feet, or if the combined slip total can be reduced to 10 or less,
then a closure can be avoided. I hope that provides you with the information that you need, but please feel free to
reach out to us with additional questions or for clarification on the items we've described above. Thanks, and have a
good rest of the week!
Andy
Andrew Haines
Environmental Program Supervisor II
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality Section
Department of Environmental Quality
252-808-8149 office
andrew.hainesCUncdenr.gov
PO Box 769
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

STATE OF.NORTH CAROLINA
COUNTY OF NEW HANOVER
REVENUE STARS: $7,000.00
Tax Parcel ID # R05207-002-009-001
BK: RB 6060
PG: 1344 -1346
RECORDED:
0511912017
03:18:17 PM
BY. CAROL HUGHLEY
DEPUTY
NC FEE $2SM
2017016151
NEW HANOVER COUNTY,
REAL ESTATE
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS ETX$7000.00
ELECTRONICALLY RECORDED
GENERAL WARRANTY DEED
Mail After Recording To: Daniel Joseph Kugler
(Grantee's Address) 6410 McCrimmon Parkway
.Morrisville, NC 27560
DRAWN BY AND RETURN TO: CALDER LAW, PLLC
1410 Commonwealth Dr., Ste. 205, Wilmington, NC 28403
NA: I£ checked, the property includes the primary residence of at
least one of the Grantors, otherwise, note as N/A. (per NC GS §
105-317.2)
Grantor's Address: 203 Randolph Square Lane
Richmond, VA 23228
Brief Description: Lot 6 Blk C Sec 11 Figure Eight Island
This Deed, made and entered into this the 4th day of May,
2017, by and between Edward L. McGeorge and spouse, Laurel S.
McGeorge, the GRANTOR herein; and, Daniel Kugler and spouse,
Teresa Kugler, the GRANTEE herein.
W I T N E S S E T H:
That the Grantor(s), for and in the consideration of the sum
of One Dollar and other valuable consideration, the receipt of
which is hereby acknowledged, has and by these presents, does
grant, bargain, sell and convey unto the Grantee(s) in fee simple,
that real estate located in the County of New Hanover, State of
North Carolina, more particularly described as follows:
SEE-. E X*HI B-ITMA":
submitted electronically by "Calder Law, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.

To have and to hold the aforesaid lot or parcel, together
with all privileges and appurtenances thereto, heretofore
belonging to the Grantee(s) in fee simple.
The Grantors) covenants with the Grantees) that Grantors)
is seized of the premises in fee simple, has the right to convey
the same in fee simple, that the title is marketable and free and
clear of all encumbrances, and that Grantor(s) will warrant and
defend the title against the lawful claims of all persons
whomsoever except for the exceptions hereinafter stated. Title to
the property hereinabove described is subject to the following
exceptions: The provisions of all applicable zoning and land use
ordinances, statutes and regulations; 2017 ad valorem taxes; all
applicable restrictive covenants and rights reserved or granted
therein; and all applicable utility, drainage and other easements
of record.
In witness whereof, the Grantor(s) have hereunto set their
hands and seals this the day and year first above written.
(SEAL) (SEAL)
Edward L. McGeorge Laurel S. org
STATE OF Q n r_A-� a(- J: vx r COUNTY OF N e,4) JA 0 o �
I, a Notary Public of the County and State aforesaid, certify
that Edward L. McGeorge and Laurel S. McGeorge personally appeared
before me, known to me or proven to me by photographic
identification, 'this day and acknowledged the execution of the
foregoing instrument.
Witness my hand and official stamp or seal, this the wh
w
day of May, 2017.
G��EK.
.......4`�4'�;'s,Tom-
s % Notary Public
' _ a Savar� Printed Name: Vi ,�,
= My Commission Expires: 1 J.api
J'•.

EXHIBIT A
That real estate located in the County -of New Hanover, State of
North Carolina, more particularly described as follows:
All of Lot 6 in Figure Eight Island Subdivision,
Section 11, Block C as the same is shown on a. map
recorded in Map Book 14, Page 3 in the New Hanover
County Registry, TOGETHER WITH AND SUBJECT TO all of
the rights, covenants, easements, conditions and
restrictions contained in the declaration recorded in
Book 5012, Page 74 and following pages in said
Registry, and all amendments and supplements thereto,
and also together with a non-exclusive right of
providing access to this lot, and being the same lands
described or intended to be described in the deed
recorded in Book 4823, Page 154 in said Registry, and
having the Tax Parcel Identification Number R05207-002-
009-001.
Together with a right of way in common with others
over, through, or upon the streets and walks shown on
the above referenced maps, and any and all existing
streets and walks providing access to, or otherwise
benefiting, this lot.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 4, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a2NCDENR.gov
SUBJECT: CAMA
Applicant: Dan Kugler
Project Location: 6 Sounds Point, adj. to Banks Channel, Figure 8 Island, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to add a new 8' x 40' floating dock for a total of six (6)
slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 30, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAME
AGENCY
SIGNATURE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: "� frr• f 14YH✓r
Fee: $ M(9 # VIf%10
CDAITS _ MHC cc
Permit Authorization: CAMA ❑ Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: es ❑No I PNA: ❑Yes o
Photos Taken: Yes No❑
Setback Required (riparian): CVYes ❑No
Critical Habitat: ❑Yes No ❑Not Sure
15 foot waiver obtained: ❑Yes allo
Hazard N�—oyyffication Returned:
%
❑Yes Vc
SAV: ❑Yes XNo ❑Not Sure
Shell Bottom: ❑Yes o ❑ Not
Temporary Impacts: ❑Yes ONO
Sure
Sandbags: ❑Yes o El Not Sure
Did the land use classification come
Mitigation equired (optional):
from county LUP: Yes ❑No
❑Yes MNo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
[-]Yes ❑No P(NA
❑Yes ❑No OA
k55 FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open •or- Closed
P
?�2(� �4Z Q,OQ}G
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) 10 Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
El High Quality Waters (HOW) 199Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
El (SS) Glasswort (Salicornia sp.)
wetlands)
• (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
C3 (SY) Sall reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
CM Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
El No fee required - $0.00
El 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
El 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
El Permit Transfer - $100
El 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
Dale:
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
IFS
1
New Work N1
Replace
40�
Maint ❑
❑Y❑N
S/
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace '
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y Cl N
New Work Lj
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)
impactamount)
temp impacts)
amount
OW
Dredge ❑ Fill ❑ Both ❑ Other (
3�v i Ts
�f✓ T t
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733.2293 :: 1.888.4RCOAST :: www.nceoastalmanagement.net revised: 02/20118

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Received
Deposited
Permit Holder
Number
amount
I Number/Comments
3/24/2022
Pippin Marine
Dan Kugler
Wells
6025
$250.00
Major Fee, 6 Sounds Point, Figure
KE rct.
Construction LLC
Fargo
8, Wilmington NHCo NO Split
16958

blank page

Major Permit Fee Schedule
Project Name: Kug 1pw�
lQ`215 C' pk, -riGT%
JO(,k. County: CIF} L
2XQaV-..S1o1n
Check Co & Amount:
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
It. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies.
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ wncurrence 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:

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-00888 County: New Hanover County U.S.G.S. Quad: Scotts Hill

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Dan Kugler

Address: 6410 McCrimmon Pkwy
Morrisville, NC 27560

Size (acres) Nearest Town: Wilmington

Nearest Waterway: Banks Channel River Basin: Onslow Bay

USGS HUC 03020302 Coordinates Latitude: 34.250405; Longitude: -77.76629

Location description: The site is located in Banks Channel at 6 Sounds Point, Figure Eight
Island, New Hanover County, North Carolina.

Description of project area and activity: The proposal is to add a new 8 feet by 40 feet floating
dock for a total of 6 slips. The new floating dock will be attached to the waterward end of the
existing 8 feet by 32 feet float positioned parallel to the shoreline. Three (3) pilings will be
installed along the landward side of the 40 feet float to restrict this area from becoming a slip.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number: 197800056

Special Condition: 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
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated March 19, 2022. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance

upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at [phone] or
[e-mail].

Corps Regulatory Official: ___________________________ Date: November 2, 2022
Expiration Date of Verification: December 31, 2026

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copies furnished by email:

Trip Pippin (Pippin Marine Construction
Cameron Luck (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2022-00888 County: New Hanover County

Permittee: Dan Kugler

Project Name: 6 Sounds Point / Wilmington / New Hanover / Dan Kugler

Date Verification Issued: November 2, 2022

Project Manager: Gregory Currey

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date
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. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform 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 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby modified and renewed 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 MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses, and boat shelters will be pile-supported or
floating structures.
2. Pilings, dolphins, jetties, and breakwater structures may be constructed of
wood, metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete,
or rock riprap.
3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize dredging or excavation, or the discharge of dredged,
excavated, or fill material within waters of the U.S., except for the placement of
structures for jetty, breakwater, or groin construction. This RGP does not authorize any
work on Atlantic Ocean beaches.
The following definitions will be used for purposes of this RGP:
a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by
the plane of the mean (average) high water. The precise determination of the actual
location of the line can be established by survey with the reference to the available tidal
datum, preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special 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.army.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 submit the information described in General Condition "y" and obtain
approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the
construction of any structures within the Federally Authorized Channel Setback.
c. This RGP does not authorize construction across or into any natural or manmade
channel or waterbody in any manner that may adversely affect navigation by the general
public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be
extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHWM) elevation contour (tidal areas), or the Ordinary High Water Mark (OHWM)
elevation contour (non-tidal areas), or one-third (1/3) the width of a waterbody,
whichever is closer to the shoreline, except as otherwise governed by the presence of a
Federally maintained channel.
e. The width of any pier will not exceed six ( 6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
f. The total square footage of shaded impact for docks and mooring facilities
( excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 800 square feet. In calculating the shaded impact, uncovered open water
slips shall not be counted in the total. The maximum size of any individual component of
the docking facility (excluding the pier) authorized by this RGP shall not exceed 400
square feet unless the Corps determines, in writing, that a greater width is necessary for
safe use, to improve public access, or to support a water dependent use that cannot
otherwise occur.
g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square
feet. Boatlifts will be open and will not exceed 400 square feet.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. Docks and piers extending over wetlands will be elevated sufficiently (minimum
of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or
other elements of the aquatic environment.
j. Groins, jetties, or breakwater structures shall not be constructed in wetlands,
seagrasses, and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1) Water depth at the docking facility location is equal to or greater than two feet
at mean low water level: and
2) The pier and docking facility are located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located over submerged aquatic vegetation
shall be allowed if the water depth between the bottom of the proposed structure and the
substrate is at least 18 inches at mean low water level.
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas), or the OHWM elevation contours.
n. This RGP does not authorize the installation of fueling facilities on authorized
structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas.
s. No jetty shall be constructed during the period between April 1 and September 30
unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations in water
elevation, will be designed so that the structure will not rest on the bottom of the
water body at any time, and will be secured in such manner as to not break away.
u. Breakwater structures will be no longer than 500 feet. They will have a minimum
of one-inch openings between standard width (6 to 12-inch) sheathing boards and at least
one, five-foot wide opening for each 100 linear feet of structure.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. It is possible that the authorized structure may be damaged by wave wash from
passing vessels. The issuance of this permit 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 US liable for any such damage.
x. This RGP does not authorize habitable structures or any structure or associated
facility for non-water related use.
y. Structures and their attendant utilities, authorized by this RGP, located on lands
subject to an easement in favor of the US 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 U.S. Army Corps of
Engineers acting on behalf of the US, 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.
z. This RGP does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
aa. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any of North Carolina's twenty coastal
counties be proposed by a Federal agency, a consistency determination pursuant to
Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the
North Carolina Division of Coastal Management before the onset of the proposed
activity.
General Conditions.
a. 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 within
waters or wetlands, at any time in the construction or maintenance of this project. 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.
b. Authorization under this RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. 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.
d. 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).
e. 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.
f. The Permittee understands and agrees that, if future operations by the US 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 unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the US. No claim shall be made against the US on account of any such
removal or alteration.
g. 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 US
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.
h. 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. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Engineer prior to the initiation of any
activity that has the potential to modify or conflict with a federally authorized project.
i. 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: SA [e-mail].
j. 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.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed
federal project.
n. 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 US 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.
o. 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 US Government.
p. No activity may occur in a component of the National Wild and Scenic River
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.)
q. 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 Permittee
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.
r. 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 must submit
the information described in General Condition "y" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The Permittee may not
begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this permit, 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.
t. No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species 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 any RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed*. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "y" to the Corps if any listed species or designated critical habitat may
be affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian Manatee and
if the activity may affect the manatee, the Permittee does not have to submit the
information in General Condition "y" to the District Engineer as long the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information described in
General Condition "y" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the US Fish and Wildlife Service (Service) in regard to the threatened Northern
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to federally-designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• The project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• The project is located in the 59 eastern counties of North Carolina and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a RGP must check to see if their project is located in the
range of the NLEB by using the following website:
http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the Permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• Is located in a 12-digit Hydrologic Unit Code area ("red HUC" -shown as
red areas on the map), AND/OR;
• Involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• Tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• Bridge removal or maintenance, unless the bridge has been inspected
and there is no evidence of bat use, ( applies anywhere in the range of the
NLEB), AND/OR:
• Percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable RGP
terms and general and special conditions, and if the Permittee's review under A.(l)
and A.(2) above shows that the project is:
• Located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located in a red HUC, but the activity will NOT include tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency -if that other federal
agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all RGP general and
special conditions are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHW A 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 PBOs), 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 PBOs) 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. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. 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.
y. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory
Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre-
Construction Notification Form.
1. Name, address, email and/or telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community,
and county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description must be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings must be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings must contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans).
z. 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.
aa. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on
authorized facilities. For further information, the Permittee should contact Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
[e-mail].
bb. The Permittee must maintain any structure or work authorized by this permit in
good condition and in conformance with the terms and conditions of this permit. 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 permit will automatically
transfer this permit 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 permit and provide the subsequent owner with a
copy of the terms and conditions of this permit.
cc. At his 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.
dd. 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. Metal
products, organic materials (including debris from land clearing activities), or unsightly
debris will not be used.
ee. 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.
ff. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this RGP will remain authorized provided the
activity is completed within twelve months of the date of the RGP's expiration,
modification, or revocation. Activities completed under the authorization of this RGP
that were in effect at the time the activity was completed continue to be authorized by the
RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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co1one1, 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.