33-17 Waters Edge HOA

31VEW ...33-17 IV
v--
IV CRC VARIANCE) STATE OF NORTH CAROLINA
- DepaCtmYof Etrviratuitt mal Quality.
and - - - . - _
-. -. _ _. .. .....-.__.
Coastal Resources Commission
Vern
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
sued to Waters Edge Homeowners Association, 2108 Capital Drive, Suite 102, Wilmington, NC 28526
iithorizing development in Pender County at AIW W and Topsail Sound, at southern terminus of
rest Oaks Drive as requested in the permittee's application dated 5/14/15, including
nit, issued on March 6, 2017 , is subject to compliance with the application (where consistent
permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
,t to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
In keeping with the Variance granted by the Coastal Resources Commission (CRC) on November 30,
2016, and the Order signed by the CRC Chairman on December 22, 2016, the depth of excavation
shall not exceed -3.92 feet below the normal water level. In no case shall the depth of excavation
exceed the depth of connecting waters.
j Unless altered by the requirements of Condition No. 1 of this Permit, all excavation shall take place
entirely within the areas indicated on the attached workplan drawings.
(See attached sheets for Additional Conditions)
his permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the
r,"qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
s permit must be accessible on -site to Department
inel when the project is inspected for compliance.
e, maintenance work or project modification not covered
nder requires further Division approval.
must cease when the permit expires on
December 31, 2020
issuing this permit, the State of North Carolina agrees
,our project is consistent with the North Carolina Coastal
igement Program.
:Vv Braxton C. IYdvig, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

-Wafers Edge homeowners
Page 2 of 3
- ADIDITIONAL CbNDITIONS
Spoil Disposal
3) All excavated materials shall be confined above normal water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
Maintenance Clause
4) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
each dredging event authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
method to be utilized for dredging and the area to be used for spoil disposal, and the estimated
amount of material to be removed.
D. The location of any known SAV beds within the project area.
E. The date of map revision and the permittee's signature shown anew on the original plan.
General
5) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of theArmy or his authorized representative, said stfucture or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall 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 United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
6) 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.
7) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall
schedule a pre -construction conference with the Division of Coastal Management prior to the initiation
of any dredging or mobilization activities.
8) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.
9) Prior to the initiation of any development activities authorized by this Permit, the permittee shall obtain
all required permits or authorizations from the N.C. Division of Water Resources and the U.S. Army
Corps of Engineers, and copies of all such permits shall be provided to the Division of Coastal
Management.

Page 3 of 3
- AIDDITIONAL CONDITIONS - -
TE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
The U.S. Army Corps of Engineers assigned the authorized project SAW-2003-00506/2004-
00494.
Olt: The Division of Water Resources assigned the proposed project DWR Project No. 20040337v2
OTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.
V

PAT MCCRORY
Coastal Management
ENVIRONMENTAL QUALITY
December 4, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Waters Edge Homeowners Association
c/o Michael Mac & John Corkrum
2108 Capital Drive, Suite 102
Wilmington, NC 28405
Dear Sirs:
Govemor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
This letter is in response to your application for a Major Pemut.under the Coastal Area
Management Act (CAMA) and State Dredge and Fill Law, in which authorization was requested
to dredge around existing docking facilities adjacent to the Atlantic Intracoastal Waterway, at the
southern terminus of Great Oak Drive, in Pender County. Processing of the application, which
was received as complete by the Division of Coastal Management's Wilmington Office on July
10, 2015, is now complete. Based on the state's review, the Division of Coastal Management has
made the following findings:
1) The proposed project involves excavation around two existing docking facilities located
adjacent to the Atlantic Intracoastal Waterway. The first area of proposed excavation
would involve an area 50 feet wide by 75 feet long, and the second area of excavation
would involve an area 50 feet wide by 100 feet long.
2) The waters in the project area are classified as Outstanding Resource Waters by the N.C.
Environmental Management Commission.
3) The field investigation report prepared by the Division for this permit application states
that in 2008, submerged aquatic vegetation (SAV) was observed within the proposed
dredge footprints. Division staff confirmed the continued presence of SAV within the
proposed dredge footprints during site visits conducted on April 28, 2015 and June 18,
2015.
4) The proposed project would result in the excavation of approximately 8,750 square feet of
SAV habitat.

i
Waters Edge Homeowners Association
December 4, 2015
Page 2
5) The Division's fisheries resource specialist found that the project would result in a
significant and adverse impact to marine and estuarine resources, principally SAV habitat,
at the project site.
6) Based upon the above referenced findings, the Division has determined that the proposed
project is inconsistent with the following Rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0208(a)(2)A): "The location, design, and need for development,
as well as the construction activities involved shall be consistent with the
management objective of the Estuarine and Ocean System AEC ( Rule .0203 of this
subchapter) and shall be sited and designed to avoid significant adverse impacts
upon the productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and
spawning and nursery areas';
b) 15A NCA.0 07H.0208(b)(1): "Navigation channels, canals, and boat basins shall
be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of
submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands
except as otherwise allowed within this Subchapter."
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major
Permit under the Coastal Area Management Act be denied. This denial is made pursuant to
N.C.G.S. 113A-120(a)(8), which requires denial for projects inconsistent with the state guidelines
for Areas of Environmental Concern or local land use plans, and N.C.G.S. 113-229(c)(5), which
requires denial for projects that will cause a significant adverse effect on wildlife or freshwater,
estuarine or marine fisheries.
If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will
involve appearing before an Administrative Law Judge who listens to evidence and arguments of
both parties before making a final decision on the appeal. Your request for a hearing must be in
the form of a written petition, complying with the requirements of § 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial
letter. A copy of this petition should be filed with this office.
Another response to a permit denial available to you is to petition the Coastal Resources
Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal
Resources Commission. Applying for a variance requires that you first acknowledge and
recognize that the Division of Coastal Management applied the Rules of the Coastal Resources
Commission properly in processing and issuing this denial. You may then request an exception
to the Commission's Rules based on hardships to you resulting from unusual conditions
associated with your property. To apply for a variance, you must file a petition for a variance
with the Director of the Division of Coastal Management and the State Attorney General's

I
t
Waters Edge Homeowners Association
December 4, 2015
Page 3
Office on a standard form, which must be accompanied by additional information on the nature
of the project and the reasons for requesting a variance. The variance request may be filed at any
time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the
variance request to be eligible to be heard at that meeting. The standard variance forms may be
obtained by contacting a member of my staff, or by visiting the Division's web page at:
ht4)://www.necoastalmanagement.net/web/cm/90.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Ms. Heather Coats at
[phone].
Sincerely,
Braxton C. Davis
Director, NC Division of Coastal Management
cc: Col. Kevin P. Landers — U.S. Army Corps of Engineers, Wilmington, NC
OCRM/NOAA, Silver Spring, MD

us
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A"MTMfer
1WHEIRS8111®fit MEN
(Lima ra Ue8 1227/08)
North Carolina DIVISION OF COASTAL MANAGEMENT
}. Pri mwyAppiicatW Landowner Information
---
Business Name _.
Project Name (if applicable)
Waters Edge homeowners Association
Boat dock dredging
/art[ 1: Fast Name
W
last Name
Michael
J
Mac
Applicatd2 FiretNatne
i8
last Name
Corkrum
ff additional awfcW6,, Please adach an addffmat pagWal with names listed.
Mailing Address
PO Sax City
SUN
2108 Capital Skive, Suite 102
i Wilmington
NC
ZIP
Coura Phone No.
FAX No.
28405
USA 910 - 799.9779
ext.
910 -799 - 9981
Sum Address Otdifftentftmabove)
City State
ZIP
Email
eblaks@commflni- fsolutionse.com
Z AgwWCvn&=for Information
summ" Nana
Marlifth Lit
AlaftWCO r 1: First Name Loot Nome
Mart C. KnladM
AWW Conbactor 2: FiM Now AS Led Not
NWRVAddreas PO Box City axes
108 C1016 Dr. tiarrlpatEad NG
21P Phone No_ 1 Phona No. 2
28448 910-270-4058 exL 91Q-297-7710 eit
FAX Na Contractor s
940 tiro 4= NIA JUL 9 is
zt- --- - - -- --. - -
Shed Mirm jWdttrenl ftm eDio *
Emal
adamkruer'[e-mail] RECEIVED
MGM WILMINGT - - N NI
`Form continues on back' JUL 1 0 2015
252-8G&-2A�5& .. 9-888-4RCOAST ic�:v m.nccaasYaimanayemenl,nat

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (Gan be multiple)
Street Address
State Rd. #
Pender
Subdivision Name City
stale
Zip
Waters Edge at Deefield Hampstead
NC
28443 -
Phone No.
Lot No (s) (d marry, alarm additional page with lisp
573- - 808 - 0268 ext.
Between lot 2 and tot 3, I ,
a. In which NC river basin Is the project located?
b, Name of body of water nearest to proposed project
Cape Fear
AIWW
c. Is the water body identified In (b) above, natural or manmade?
d. Name the closest MaW water body to the proposed project site.
ONatural QPAanmade OUnknown
AMiW
e. Is proposed work within city lir b or planning jurisdiction?
f 9applicable, fist the planning jurisdiction or city lent the proposed
0Yes Om
work fella within.
Pender Co.
4, Site Q
a Total leer of shoreline on the tract l4)
b. Size of entire tract (sq.R.)
I&
Easement I
c. Size of individualfalls)
d. Approximate elevafion of tract above NHW (noMW high Water} or
f'1.
NWL (normal weterk%el)
- (IfX&* AW sizes; please attach additional page With a list)
NA ONHW or I7ML
0. Vegetation on trect
Native grass, oak, marsh grass
f ifrrMsade features and uses now on tract
EAs" Access Pier, Gazebo and floating docks for 9 boat slips, retainign wall, concrete drive
9. kferktfyand describe the existing land uses to the proposed project site.
Existing floating facility is between tot 2 and 3 of Waters Edge Subvidivsion, Facility is on a designated area for Community
docks and recreation
k. Hgsrdoes local govermrent zap the tract?
L Is the proposed project consistent with the applicable zoning?
single residents and recreation
(Attach zoning compliance cer"icate, if applicable)
OYes DNo DNA
(. W f WOMd aGAr3y ttal etea wban waterfrom redevelopmentproposal? Oyes oft
It. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. Dyes ONO Ebm RECEIVED
*yes`bywtwn? JUL 19 20
L ft On pre WGW project located in a UK"- al lit"Wer&d Kato& f WCI or does it involve a OYes ONO MM p*4" VW
Nabonof Register listed or ftble propeW
<Form continues on next page>
n
RECEIVED
DCM WILMINGTON, NC
Dui 1 0 2015
252-808-2808 ., 1-888-4RL;UASi ..

Form DCM MP-1 (Page 3 of 4)
APPMATtON for
Major Development Permit
m @ Are there wetlands on the site? esWoo
._ _..__ ..
(a) Are there coastal wetlands on the site? °M, es ONO
(tii) K yes to either (i) or (ii) above, has a delineation been conducted? Dyes 00
(Attach documentation, it available)
m Describe existing wastewater vestment tacilibes.
Community sewage (septic tankstftelds) for homes, no Wastewater treatment for small boats
t
o. Describeexistingdrinking water mipply source,
community Water
p. Descnbe existing stomn water management or treatment systems.
iNA
S AcOVIV" and Nnftacts
aWilltheprojedbefor commercial, fxftorptivafetsa?
[JCommarciat oPublic/Covemmetd
®Privaldcommunity
b. (live a brief description of purpose, use, and daily operations of the project when complete.
New work in existing basin area to restore depth to provide boat access, to provide
water access and relieve stress on
existing dock facility. Floating docks rest on bottom during low tides.
a Describe the proposed oonsmxtion methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be gored,
Dredging operations will be performed utilizing bucket and barge methodology. A
barge and pushboat will be used for
Usinsporfing dredged material. Material will be disposed of in state approved site.
d. List all development activities you propose.
New excavation to enable boat usage of docks by subdivision residents.
e. Are the proposed actWNies maintenance of an existing project, new work, or bA?
New
f. What is the approximate' total disturbed tend area resulting from the proposed project?
8760 submerged, and 90,000 disposal
site OSq.Ft or []Acres
g. Wilt the proposed project encroach on any public easement, public accessway of other area
(]Yes ONO [INA
8fc the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
NA
RECENE
JUL 2 9 20
-_. L VM wastewater orslomwtefer be discharged into a wetland?
OYee E{No QNA
If yes, will this discharged water be of the same salinity as the receiving water?
[2fts QNo 5DNA
j Is there any mitigation proposed?
D`n ONO ONA
`I If yes, allwham on proposal.
RECE
D
M WILMINGTON, NC
<Form continues on back> JUL 1 0 P015
252-608-2808 .. 1-333-4RCQA5T .. www.nccoastalmanagoment.net

form OM MP-1 (Pam 4 of 4)
tt6,
APPLICATION for
B Additnaf Informs€ on
In addition b Able completed appfiea6on form, (MP- t) the following items below, rf applicable, must be submitted in order for Me application
package to are complete. ftems fa) — fn are always applicable to any major development application: Please consult the application
lrtstruc&w bcoMat on how to property prepare the required items below.
a. Apr*dnarrative.
b: An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
MVPMd 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 ork>cation map that is sufficierriiy detailed to guide age ry pawmtet unlermliar with the are toll leans.
d- A.copy of Ore deed (with stale application only) or other instrurnant under which the applicantclaims title to the affected Properties -
The appropriate application fee . C1"iacli oneyorder medepayable toiSENAi
f. A fist of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed retum receipts as proof mat 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
whit to submit comments on the proposed project to the Divaion of Coastal Management.
Nmne Hollis Batson Phone No. 040.2704)666
Address 140CaptainsCow
Have Michael Norris l #Km Na utdiehed
Address 3701 Reston ct, apt A, YWlmi gton NC 26W
Name PFwne Na
Address
g. A fistof previous stale arfederal Penn is issued for work on the Wood tract. Include pemrit numbers. permitlee. and issuing dates.
68.03, Jimmy's Island LLC, May 2004
IV. Signed consultant or agent authorization form, if applicable.
t Welland delineation, it necessary.
A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
It. A statenent of compliance with the N.C. Environmental Policy Act (N.C.6.S. 11 3A 4-10), 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
I understand that any permit issued in response to this application wilt allow only tau
The project will be subject to the conditions and restrictions contained in the permit.
f certify that t am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aftirementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
t further carflty t � the/ Information provided in this application is truthful to the bast of my knowledge,
Date . / Y / [ Print Name j t C rf i
Signature ��E c � L1 WiTE RS
`
Please indicate application attachments pertaining to your proposed 01610&
ODCM MP-2 Excavation and Fill information CIDCM MP45 Bridges and Culverts
ODCM MP-3 Upland Development
0" MP-4 Structures Informavon
Fpcc ffM
RECEIVED
JUL 2 9 20
htoifiii0ow ow
RECEIVED
DCM WILMINGTON, NC
JUL 1 0 2015
852-806-2503 .. i-8d8-4RCOASf ., win •,v.nccoas; t aim an a gem ent.net

1*
Form DCM MP-2
EXCAVATION and FILL
(Extelpt for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Se sure to complete all other sections of the Joint
Application that relate to this proposed project Please include all supplemental information.
Describe: below the purpose of proposed excavation and/or fill activities- All values should be given in feet.
Access
Other
Channet
Cfgfi
goat Basin
boat Rath,$
Rdek Glil 6
Rock
(excluding
(NLW or
Breakwater
shoreline
NWLI
stabilization
Length
N ti0; S-W
Width
N-tOtP, $7S
Avg. Existing
-CO NLW
"A
NA
Depth
Final Project
-0 NLW
Depth
at Amount of n
cubic yards.
0,71
or NWL in b, Ty1* 01F aterlau to be excavated.
send, muddy sand
0) toes the area to be excavated include coastal wetlands/mamh
(M), submerged aquatic vegetation (SAV), shell bottom (SR),
or other wetlands (WL)7 if any boxes are checked, provide the
number of square feet aftectad.
OM J@SAV !OSS
OWL ONone
(if) Describe the purpose of the excavation in these areas:
ResWM d1W and boat docks
0Thls 860W not applicable
d. High -ground excavation in cubic yards.
I'm
2. DMOSA,L. OF EXCAVATED MATERIAL
❑This seCVW n0t apphcable
a. Local= of disposal area,
b. Dimensions of disposal area.
LISAC,E DA 203
30(Y x 3W
r- (i) Do you claim We to disposal area?
d. (I) Will a disposal area be available for future maintenance?
OYaa &40 [INA
OYes ONO ONA
(0) 0 rA Oftach a Letter granting permission from the owner.
(n) if yes; where?
9_ 0) Does the disposal area include any coastal wetlands/marsh
t (i) Does the disposal include any area in the Water? RECEIVED
(ESN), submerged aquatic vegetation (SAV), shell bottom (56),
OYes ONo ONA
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
(ii) If yes, haw much water area is affected? JUL 2 910b
OCW O�aSAV OSB
it EH f
OVVL None
Z
(fi) Describe the purpose of disposal in these areas.
RECEIVED
DCM WILMINGTON, NC
JUL 1 0 2015
252-808-2808 :a 1.888-4RCOAST :: www.necoastahmana-gement.net
revised: 12/26/06

Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. -SHORELINE STABILIZATION ®This section not applicable
(frdevelopment is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization:
❑Bulkhead ❑Riprap ❑areakwaterlsal ❑Other:
C. Average distance watenvard of NHW of NWL.
e. Type of stabilization mat":
g. Number of square feet of fill to he placed below water level
Bulkhead badddl _ Rpxap
Breakwater/Sill Other
I . Source of fill material.
b. Length: _
Width:
0. Maximum distance waterward of NHW or NWI,
I. (i) Has there been shoreline erosion during pracedtrud 12
months?
❑Yes ONO DNA
(u) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIMIES ZTW MOM" ADt aA9#0 19
(Excluding SharOw Stabilization)
a. (1) WC fill material be brought to the ante? ❑Yes ONO DNA b (i) Will fill material be ptac6d in Coastal Wellandalritahiti (CW),
If yes.
(„) Arfqunt of materW to be placed in the water
(ki) Dimensions of fill area
(iv) Purpose of fill
I OENERAL
a. HOW Will excavated or fin Mate" be kept on site and erosion
corWaW7
standard disposal sit practices
c. (i) VM ravigallonal aids be required as a result of the project?
❑Yes ONO ❑NA
(ii) If yes, explain what type and how "will be implemented.
5 I tS
project Nato
�/�7�-
4 7T�&-�> G iC;-R k/nG�S
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked. provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
OWL ❑None
(ii) Describe the purpose of the fill in these areas:
b. What type of Construction equipment will be used (e.g., dragline.
backhoe, or hydraulic dredge)?
Bucket and barge
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ONO DNA
(n) ff yes, explain steps that will be taken to avoid or minirnae
environmental impacts. RECEIVED
ApNam
plicerit
r t -hR C �ArELs FjXF Cion
RECEIVED
ILMINGTON, NC
JUL 1 0 2015
252-808-2808 :: 1-888-4RCOAST :: www.necoastalmanagement.net revised: 12126/06

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Coastal Management
ENVIRONMENTAL QUALITY
March 6, 2017
Water's Edge HOA
2108 Capital Dr., Suite 102
Wilmington, N.C. 28405
Dear Sir or Madam:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
[phone] within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Sincerely,
tglas V. H�� ou
Major Permits Manager
N.C. Division of Coastal Management
Enclosure
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
2528082808

DCM Coordinator:
Agents
Ah
0 `_�_ Permit#
MAILING DISTRIBUTION SHEET
C7 V ci(Gfp k ,
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington
Wilmington
US ACOE Offices:
C
2 ff�f3
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley
Heidi Cox (WIRO)
Clif Whitfield (WARD)
Shane Staples
David Harris
Shannon -Jenkins
Tim Walton
Karen Higgins
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs —401 (Carteret, Onslow, Pender, New Hanover)
Chad Coburn — 401 (Brunswick)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
LPO:
Fax Distribution:
Maria Dunn (WARD)
Permittee #: Agent#_

•
STATE OF NORTH CARoum
DEPARTMENT OF]USi10E
ROY COOPER
ATTORNEY GENERAL
Christ Blake, Registered Agent
Water's Edge Homeowners
Association, Inc.
2108 Capital Drive, Suite 102
Wilmington, NC 28405
P.U. Box 629
RAI};tcn, NC 27602
December 22, 2016
Rnix•ro: MARY L Luc:Asss
Cwteoxwwrnt. Dnistox
ITI-, (919) 71 &6W9
FAx: (919) 71 &6767
mlumsse &1cd0j.µ0v
Certired Mail/Return Receipt Requested and
electronically cblakeQcummunitysolutionse.com
and
niikeim"/I(i�jemai/.com
Re: Variance Request for Coastal Area Management Act (CAMA) Permit,
CRC-VR-16-10
Dear Mr. Blake:
At its November 30, 2016 meeting, the Coastal Resources Commission granted Petitioner
Water's Edge Homeowners Association, Inc.'s request for a variance. Attached is a copy of the
final agency decision signed by the Chair of the Coastal Resources Commission. Prior to
undertaking the development for which a variance was sought, you must first obtain all
necessary permits and/or variances including a CAMA permit from the local permitting authority
or the Division of Coastal Management.
If for some reason you do not agree to the variance as issued, you have the right to appeal
the Coastal Resources Commission's decision by filing a petition for judicial review in the
superior court as provided in N.C.G.S. § 150B-45 within thirty days after receiving the final
agency decision. A copy of the judicial review petition must be served on the Coastal Resources
Commission's agent for service of process at the following address:
General Counsel
Dept. of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead. If you have any
questions, please feel free to contact me.
Sincerely,
4/A�
L Lucasse
Special Deputy Attorney General and
Counsel for the Coastal Resources Commission

Christ Blake, Registered Agent
December22, 2016
Page 2
cc: Frank D. Gorham, III., electronically
Stephen D. Coggin, electronically
Christine A. Goebel, Esq. electronically
Braxton C. Davis, electronically
Mike Lopazanski, electronically
Angela Willis, electronically

t f
STATE OF NORTH CAROLINA
) BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
COUNTY OF PENDER
) CRC-VR-16-10
IN THE MATTER OF:
)
PETITION FOR VARIANCE
) FINAL AGENCY DECISION
BY WATERS EDGE HOMEOWNERS
)
ASSOCIATION, INC.
)
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter Commission) on
November 30, 2016 in Atlantic Beach, North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1
and 15A NCAC 7J .0700, et seq. Assistant General Counsel Christine A. Goebel, Esq. appeared
for the Department of Environmental Quality, Division of Coastal Management (DCM). Stephen
D. Coggin, Esq. appeared on behalf of Petitioner Waters Edge Homeowners Association, Inc.
Upon consideration of the record documents and the arguments of the parties, the
Commission adopts the following:
STIPULATED FACTS
1. Petitioner Waters Edge HOA ("Petitioner" or "HOA'D is a North Carolina non-
profit corporation. Based on records filed with the Secretary of State, Water's Edge HOA, Inc.
was incorporated in 2004. Petitioner's Registered Agent is Chris Blake. Petitioner is represented
in this variance petition by attorney Stephen D. Coggin, Esq.
2. HOA is a residential planned community subdivision formed pursuant to the
North Carolina Planned Community Act (N.C.G.S. § 47F et seq.). The Waters Edge subdivision
is located in Pender County, North Carolina.
1

3. Petitioner owns common -area property in the Waters Edge subdivision including
two piers containing nine boat slips and a six-foot wide accessway to the piers (the "Site"). The
right to use each of the nine slips has been assigned through the restrictive covenants to specific
lots owners who are Class A Boating Members in the subdivision. The developer chose to
develop two community piers instead of constructing piers on each individual lot. The restrictive
covenants prohibit the construction of piers on individual lots. (See pp. 20-21 of the Restrictive
Covenants). A copy of the restrictive covenants and amendments was provided to the
Commission as attachments to the DCM Staff Recommendation and are recorded at Book 2425,
Page 250 of the Pender County Registry with amendments recorded at Book 2442, Page 157,
Book 2523, Page 164, Book 3079, Page 45 and Book 4190, Page 232.
4. The Site is bounded on the east by the Atlantic Intracoastal Waterway ('AIWW'),
on the north and south by residential lots 2 and 3, and on the west by the intersection of Great
Oak Drive and Water's Edge Drive. The Site is located approximately 665 feet to the north of the
entrance to Mill Creek from the AIWW. There is an AIWW channel marker located between the
two piers at issue. The Site is located approximately 7000 feet southwest of the entrance to
Topsail Creek and an additional 6500 feet to the throat of New Topsail Inlet.
5. The Site is located adjacent to Topsail Sound, which at this location is part of the
AIWW. At this location, the waters of Topsail Sound are classified as SA-ORW (Outstanding
Resource Waters) by the Environmental Management Commission ("EMC") and are open to the
harvest of shellfish. While the waters of the AIWW at the adjacent to the Site are not designated
as nursery area, the waters of Mill Creek are designated as a Permanent Secondary Nursery Area
by the Marine Fisheries Commission.
2

6. Existing development at the Waters Edge subdivision includes a bulkhead along
the shoreline, upland subdivision infrastructure and residences, and 18 boat slips on three piers —
one pier with nine slips on Mill Creek and two piers (with a total of nine -slips) on the AIWW.
The pier on Mill Creek is not included in this variance request.
Orieinal CAMA Maior Permit and Modification
7. On May 27, 2003, DCM issued a CAMA Permit to Jimmy's Island, LLC, which
was the owner of the subdivision development at the time. The 2003 CAMA Permit authorized
development of upland subdivision infrastructure and a bulkhead along the Site's shoreline for
the subdivision known as "Waters Edge at Deerfield."
8. On May 25, 2004, DCM issued a major modification to Jimmy's Island, LLC for
the 2003 CAMA Permit ("2004 Major Mod") authorizing the development of 18 slips located on
three different piers. Nine slips (numbered 1-9) were located on the AIWW on two piers (slips 1-
4 were located on the south dock and slips 5-9 were located on the north dock). Nine slips
(numbered 10-18) were located on Mill Creek. The project was considered a marina, as more
than 10 slips were permitted, and required an Environmental Assessment ("EA") document
pursuant to the State Environmental Protection Act ("SEPA").
9. In order to comply with the requirements of 15A NCAC 7H .0208(b)(5)(E) and
"ensure that a closure of open shellfishing does not occur as a result of the project," the 18 slips
were split into 9 slips on Mill Creek and 5 slips and 4 slips on separate piers in Topsail
Sound/AIWW. See, 2004 CAMA Major Mod.
10. At the time of the 2004 Major Mod, the subdivision was owned by the developer,
Jimmy's Island, LLC. The developer used the linear feet of shoreline for the whole parcel to get
3

authorization for the 18 slips. The standards of 15A NCAC 7H .0208(b)(6)(B) limit
dock/platform area based on a site's linear shoreline length. While one of the permit conditions
of the 2004 Major Mod required the Permittee to record notice of the use of and exhaustion of
the linear feet of the shoreline for the whole parcel, no such notice was found in the chain of title
for this subdivision, though the restrictive covenants prohibit private docks.
11. When the developer subdivided the parcel into individual lots, a series of riparian
lots were created with the lot lines following the mean high water of Topsail Sound/AIWW and
Mill Creek. The owners of these riparian lots cannot build new piers because the linear feet of
shoreline was used up when the HOA's 18 existing slips were permitted and because individual
piers are prohibited by the restrictive covenants. DCM Staff acknowledges that these riparian
owners have riparian rights other than the ability to pier out from their own lots. DCM staff does
not make property ownership determinations.
12. At the time the 2003 CAMA Permit and 2004 Major Mod were issued, the
Commission's rules included the provisions found in 15A NCAC 7H .0208(a)(6) and .0208(b)(1)
which are concerned with avoiding significant adverse impacts to SAV. Petitioner seeks a
variance from these rules.
13. The nine slips were built on the two piers located in Topsail Sound/AIWW
sometime between May of 2004 and October 2005.
2008 CAMA Major Permit AnoGcation
14. On or about September 8, 2008, Petitioner applied for a CAMA Major permit for
permission to perform new dredging in slips 5-9, which are located on the north pier.
n

15. At the time of the 2008 major permit application, the water depths surrounding
the docking facility ranged from -0.5 feet to -1.5 feet normal low water ("NLW").
16. In connection with the 2008 major permit application, DCM Field Representative
Heather Coats drafted a Field Investigation Report ("2008 Field Report's dated September 11,
2008, a copy of which was provided to the Commission as a Stipulated Exhibit. In that Field
Report, Ms. Coats stated that "submerged aquatic vegetation (SAV) is present within the boat
slips and therefore dredging would impact SAV and SAV habitat."
17. As part of the 2008 major permit application review process, the application
materials and 2008 Field Report were circulated for comment to approximately 15 resource
agencies. On October 9, 2008, the NC Division of Water Quality sent a letter to Petitioner stating
the proposed dredging would result in significant adverse impacts to SAV and it would
recommend denial of the 401 Water Quality Certification unless the project was modified to
address dredging only in areas outside of SAV habitat. The Division of Marine Fisheries and the
Wildlife Resources Commission also recommended denial of the permit due to adverse impacts
to SAV.
18. As a result of the unfavorable comments, on October 21, 2008, Petitioner
requested that its permit application be placed on voluntary hold. After a period of inactivity,
DCM closed the file and notified Petitioner by letter dated August 27, 2013.
2015 CAMA Major Permit Application
19. On or about May 14, 2015, Petitioner submitted a CAMA Major Permit
Application ("2015 Application") proposing to dredge around Slips 1-9 (all the slips at the two
piers on the AIWW).
R

20. Specifically, in the project narrative for the 2015 Application Petitioner stated that
a 50 foot by 75 foot by -4 foot cut would be made along the southern dock (Slips 1-4) and a 50
foot by 100 foot by -4 foot cut would be made along the northern dock (Slips 5-9). In the
application, Petitioner states that the existing water depths average -1 feet NLW around each of
the slips. Approximately 971 cubic yards of spoil is proposed to be dredged and placed on
designated spoil island DA-203. Permission was granted by Northeast New Hanover County
Conservancy, the owner of the spoil area, to place any spoil there.
21: Petitioner indicates that the dredging is proposed primarily within the footprint of
Slips 1-9, with an overcut proposed extending beyond the footprint of the existing slips on the
AIWW side of the docking facilities. Petitioner proposes deepening the area from -1.0 foot NLW
to 4.0 foot NLW, sloping towards the AIWW. Petitioner would not dredge landward of the
slips, beyond the side boundaries of the slips, or underneath the floating docks.
22. The proposed dredging would disturb approximately 8,750 square feet of shallow
bottom habitat including the removal of SAV and would impact SAV habitat.
23. As part of the CAMA Major Permit review process, notice of the proposed project
application was posted on site, was published in the Wilmington Star News, and was sent to the
adjacent riparian owners. DCM received no objections related to this permit application.
24. As part of the CAMA Major Permit review process, DCM Field Representative
Jason Dail drafted a Field Investigation Report ("Field Report") dated July 15, 2015. In that
Field Report, Mr. Dail stated that "It should be noted SAV is still present and flourishing
in/around the existing docking facilities located along the AIWW ... SAV encompasses the vast
0

majority of the docking facility comprising slips 5-9 and spotty vegetation exists around the
docking facility comprising slips 1-4."
25. On April 28, 2015, Mr. Dail and DCM Fisheries Specialist Shane Staples visited
the Site and observed depth and the presence of SAV. On June 18, 2015, DCM Fisheries
Specialist Gregg Bodnar visited the site with other DCM Staff, and made notations of depth
measurements and the presence of SAV on a copy of a 2003 survey by Arnold Carson which had
been submitted in connection with the 2004 Major Mod. This survey had been updated with
hand -labeled depths when it was submitted to DCM in 2015. The 2015 permit application noted
that the depths were as follows: the depth at slip 4 was -2.44 feet NLW; the depth at Slip 5 was -
1.82 feet NLW, the depth at Slip 9 was -1.31 feet NLW. Mr. Bodnar's own measurements were
similar to those final depths noted in the 2015 CAMA Major Permit application. A copy of these
observations is a Stipulated Exhibit, and it is labeled "For internal rev. only. Drawing not
provided by applicant" along the bottom.
26. Based on the June 18, 2016 site visit by Mr. Bodnar and other DCM Staff, Mr.
Bodnar sketched the SAV present onto Petitioner's site plan which had been submitted with its
2015 CAMA permit application. In October of 2015, after DWR placed the application on hold
pending more information about SAV on site, Anne Deaton of DMF emailed Mr. Bodnar and
asked for his notes from the June 2015 site visit. In order to make the SAV show up better on the
sketch copy, Mr. Bodnar enlarged his field diagram and used a green highlighter to approximate
the SAV presence he observed on June 18, 2015. Mr. Bodnar also noted his observation with
more detail in his comments to DCM regarding the permit, a copy of which is attached to the
DCM Staff Recommendation.
7

27. A memo from Anne Deaton of DMF to Karen Higgins of DWR dated October 23,
2015 ("Deaton Memo") notes that she visited the Site and measured water depths at approximate
low tide. At slips 5-9, depths ranged from -0.25 meters (482 feet) to -0.54 meters (-1.77 feet)
and a portion of the floating dock was sitting on the bottom. Depths at slips 1-4 ranged from -
0.74 meters (-2.4 feet) to -0.92 meters (-3.0 feet). The Deaton Memo noted that the tidal range at
the Site was approximately one meter. A copy of the Deaton Memo is attached as a Stipulated
Exhibit to the DCM Staff Recommendation.
28. The Deaton Memo also noted that the major SAV species present during her Site
visit was shoal grass. During DCM's April and June visit, the predominant species was eelgrass.
Ms. Deaton noted that eelgrass and shoal grass tend to occur in mixed beds, with eelgrass more
abundant in the spring and early summer and shoal grass more abundant in the late summer and
fall, so this difference in species was expected.
29. According to the project narrative submitted by Petitioner in 2015, "The goal is to
restore the original depth of water at the docks when the marina area was original [sic] built (see
figure 1.), under permit 68-03." And it further states, "Approximately 3 ft. of material needs to
be removed to restore the original depth of -3 to -4 feet." The narrative concluded, "Since the
area has received depositional sediments creating shallower water depths, submerged aquatic
vegetation has colonized the northernmost end of the dock structure. Some of this SAV would be
destroyed in the dredging process. These depositional sediments could be shoaling due to the
lack of dredging by the Corps of Engineers [in] the ICW W."
30. According to a March 3, 2003 survey submitted with the 2003 CAMA Permit
application, the water depths in slips 1-9 ranged from -1.91 feet to -3.92 feet relative to NGVD
8

1929. No calculations were provided to convert these depths relative to normal low water or
normal high water. On Form DCM-MP-4 in the 2004 application for a Major Modification of the
Permit, the applicant indicated that the water depth at the waterward end of piers was -4 feet
MLW. A copy of the 2004 Major Mod Application is a Stipulated Exhibit.
31. The developer submitted an Environmental Assessment C EA" ), revised on
December 29, 2003, pursuant to the SEPA as required for marina permitting (more than 10
slips). In this December 29, 2003 revision, written by the developer's consultant Charles Hollis
and submitted in connection with the 2004 Major Mod, the site is described as follows:
Topsail Sound (AIWW) Piers. A 6 foot -wide walkway will begin along the
edge of the boundary of lots 1 and 2 and extend (elevated) across the marsh
where the two Topsail Sound piers will begin. The northernmost pier will
extend approximately 300 feet waterward from the mean high water contour to
the -4 foot (MLW) contour in Topsail Sound (AIWW). This is at a point about
65 feet waterward of the marsh edge and 80 feet away from the bottom edge of
the AIWW. This pier will accommodate 5 boats up to 24 feet in length. The
southernmost pier, located about 100 feet south of the first, will extend to a
point about 140 feet waterward of the marsh edge where the water depth is 14
feet [sic] MLW and the bottom edge of the AIWW is 80 feet away. This pier
will accommodate 4 boats up to 24 feet in length. The distance between the
marsh edges in this area is approximately 500 feet. Each of these piers will have
a 12 foot x 12 foot covered deck. This construction work will involve jetting
and/or driving timbers into the ground and constructing the pier using
conventional fasteners (nails, etc.).
The EA stated that no SAVs were observed. (Page 3) A copy of the EA was provided to the
Commission as a Stipulated Exhibit.
32. An affidavit of Raymond Ballard, an original resident in 2004, is a Stipulated
Exhibit, and indicates that the slips were deep enough for 24/7 access when they were built and
have since shoaled in.
6

33. As part of the CAMA Major Permit review process, the permit application and
Field Investigation Report were sent to other state and federal agencies for review and comment.
The following agencies replied with substantive comment: The Wildlife Resources Commission,
raised concerns about impacts to SAV and its role as essential fish habitat, DCM's Fisheries
Resources Specialist who, following a site visit and review of SAV presence and water depths,
raised concerns about impacts to SAV and its role as fish habitat, DWR's 401 Section noted a
likely denial of the 401 application based on the requirement of 15A NCAC 02B .0225(c)(2)
which prohibits dredging when it results in a reduction of beds of SAV, and the U. S. Army
Corps of Engineers ("Corps") indicated that SAV should be avoided. Copies of these comments
were provided to the Commission as Stipulated Exhibits.
34. On December 4, 2015, DCM Staff denied Petitioner's 2015 Application as it was
contrary to I SA NCAC 7H .0208(a)(2)(A) which requires dredging to avoid significant adverse
impacts upon SAV and 7H .0208(b)(1) which requires navigation channels and boat basins to
avoid beds of SAV. A copy of the denial letter was provided to the Commission as a Stipulated
Exhibit. Petitioners did not timely file a Petition for a Contested Case to challenge this decision.
Petitioner has stipulated that the proposed development is inconsistent with those rules cited in
the denial letter.
35. On December 14, 2015, DWR denied Petitioner's application for a 401 Water
Quality Certification as the proposed plan was contrary to 15A NCAC 2B .0225(c)(2), which
states in relevant part, "No dredge or fill activities shall be allowed if those activities would
result in a reduction of the beds of [SAV]" and contrary to 2B .0506(b) which states, "The
Director shall issue a certification upon determining that existing uses are not removed or
10

degraded by a discharge to classified surface waters for an activity which (3) does not result in
the degradation of groundwaters or surface waters." A copy of the DWR denial letter was
provided to the Commission as a Stipulated Exhibit. Petitioners did not timely file a Petition for
a Contested Case to challenge this decision. Petitioner has not requested the EMC grant a
variance from these rules to allow the proposed dredging.
36. On December 14, 2015, the Corps denied without prejudice Petitioner's
application for authorization to dredge. A copy of the denial letter was provided to the
Commission as a Stipulated Exhibits. Petitioners have not filed an appeal of this denial. The
parties understand that a "denial without prejudice" allows an applicant to re -submit an
application for the denied work.
37. Petitioner now requests the Commission grant a variance from its rules 15A
NCAC 7H .0208(a)(2)(A) and 7H .0208(b)(1) in order to allow Petitioner to undertake new
dredging in SAV as described in the permit application.
38. Petitioner submitted an affidavit from a member of the HOA's Board of
Directors, Dawn Beard, a licensed real estate broker. In her affidavit, Ms. Beard describes her
opinion of financial impacts on the owners of slips 1-9. A copy of the affidavit was provided to
as a Stipulated Exhibit along with comparative sales data upon which the opinion is based.
39. Petitioner submitted an affidavit from Todd Skeen, a resident of the HOA. In the
affidavit, Mr. Skeen provides his opinion on the dangers resulting from shoaling at the Site.
40. Petitioner submitted an affidavit of Whitney Skeen, a resident, who describes a
boating accident nearby the Site.
11

41. Petitioner submitted an affidavit from Michael Mac, a resident, President of the
HOA, and a retired scientist with the USF&W and USGS. He describes a boating accident near
the Site, issues related to shoaling at the slips, the financial benefits of the slips to the owners,
and his opinions about the SAV at the site.
42. Petitioner has drawn on the green highlighted SAV drawing made by DCM Staff
to illustrate where the proposed dredging is to take place (drawn in red) and what SAV is, and is
not to be dredged (shown in blue pen hand-written notations). A copy of the annotated SAV
drawing is a Stipulated Exhibit.
43. As part of the Fisheries Reform Act of 1997, the Commission, the North Carolina
Marine Fisheries Commission and the EMC collaborated on the Coastal Habitat Protection Plan
("CHPP"), a guidance document that addresses habitat and water quality efforts needed to
protect, enhance and restore fish habitat in North Carolina. The CHPP is subdivided into six
habitat types where coastal species forage, seek refuge, grow or spawn, one of which is SAV
habitat. A copy of the SAV section of the CHPP was provided to the Commission as a Stipulated
Exhibit.
44. The Final 2016 CHPP Source Document provides the following information
about SAV:
• Because the [SAV] plants are rooted in anaerobic sediments, they need to produce
a large amount of oxygen to aerate the roots, and therefore have the highest light
requirements of all aquatic plants. P. 84
• High salinity estuarine species that occur in North Carolina include eelgrass (Z.
marina) and shoalgrass (H. wrightii). Eelgrass is a temperate species at the
southern limit of its Atlantic range in North Carolina. In contrast, shoalgrass is a
tropical species that reaches its northern -most extent in the state. P. 84
• Despite the difficulty of defining the boundaries of SAV beds, un-vegetated
bottom between nearby patches is included as a component of patchy SAV habitat
12

because rhizomes and/or seedlings may be present and the beds migrate with
patterns of sediment erosion and deposition (Fonseca et al. 1998). P. 85
Beds of SAV occur in North Carolina in subtidal, and occasionally intertidal,
areas of sheltered estuarine and riverine waters where there is sediment, adequate
light reaching the bottom, and moderate to negligible current velocities or
turbulence. P. 85
45. Some of the mapping efforts of SAV within the State are summarized on Page 88
of the Final 2015 CHPP Source Document.
46. Some scientific papers provide the following information about SAV:
On the Atlantic coast, North Carolina ranks second behind Florida in SAV
presence. (Funderburk, S. L., J. A. Mihursky, S. J. Jordan, and D. Riley. 1991.
Habitat requirements for Chesapeake Bay living resources. Habitat Objectives
Workgroup, Living Resources Subcommittee and Chesapeake Research
Consortium with assistance from Maryland Department of Natural Resources,
Solomons, MD. and Sargent, F. J., T. J. Leary, D. W. Crewz, and C. R. Kruer.
1995. Scarring of Florida's seagrasses: Assessment and management options.
Florida Department of Environmental Protection, St. Petersburg, FL.)
Observations and anecdotal information since 2000 have indicated that SAV
coverage in North Carolina is expanding into previously unobserved areas,
notably the southern coastal area. In the late 2000's DMF biologists observed
SAV expansion throughout the estuaries, which continued through 2014. (North
Carolina Department of Environmental Quality, 2016. North Carolina Coastal
Habitat Protection Plan Source Document. Morehead City, NC. Division of
Marine Fisheries. 477 p.)
The North Carolina Coastal Habitat Protection Plan has summarized the primary
environmental factors controlling SAV distribution which are; water depth,
sediment composition, energy, and light penetration. (North Carolina Department
of Environmental Quality, 2016. North Carolina Coastal Habitat Protection Plan
Source Document. Morehead City, NC. Division of Marine Fisheries. 477 p.)
Eelgrass (Zostera marina) is tolerant of high energy waters, and SAV is evident
along much of the extent of the AIW W (NCDEQ 2016a). Provided these factors
are within limits of the particular species, growth is possible. (Thayer, 0. W., W.
J. Kenworthy, and M. S. Fonseca. 1984. The ecology of eelgrass meadows of the
Atlantic coast: a community profile. U.S. Fish and Wildlife Service and NCDEQ).
2016a. http://portal.ncdenr.ora./web/mf/habitat/SAV)
IN

• "Shoal grass is known as a pioneer species, colonizing areas that are too shallow
for other species to thrive in or on banks that have been damaged." Chesapeake
Bay "Shoal Grase'hUR://www.chesgpeakebgy.net/fieldguidelcritter/shoal grass
47. While different divisions within DEQ have contributed resources to SAV
mapping projects, none of these mapping efforts are intended to replace field observation in
connection with a CAMA permit application. At the time of the 2004 Major Mod, not much
SAV mapping had been undertaken. The parties searched for but did not find any SAV mapping
from 2004 indicating the presence of SAV at the Site.
48. After the CAMA permit was denied, Petitioner has requested and participated in
scoping-like meetings with DCM staff and other division staff to discuss possible alternatives to
dredging including dock reconfiguration. On February 11, 2016 in a response to an inquiry from
Representative Millis, DCM Director Davis summarized the issue and DCM's response to the
issue. A copy of that response was provided to the Commission as a Stipulated Exhibit.
49. On May 20, 2016, DCM received an incomplete CAMA Major Permit application
from Petitioner which proposed relocating slips 5-9 onto the southern end of the dock with slips
1-4. These materials did not propose dredging. DCM responded to Petitioner and indicated what
information was needed to make it a complete application. Petitioner has not responded by
providing the needed information. Petitioner's President has informed DCM that because of the
cost to relocate the docks, and the requirement that the riparian owner be a co -applicant or
otherwise sign -off on development on non-HOA owned property, the HOA is not pursuing the
relocation option at this time.
14

50. On May 9, 2016, DCM was copied on a letter from counsel for Mr. Blanton who
owns Lot 2 and 3, next to the pier, requesting notice of any future CAMA Major Permit
applications filed by Petitioner.
51. A PowerPoint presentation of the Site and surrounding areas was shown to the
Commission during the hearing and is included as a Stipulated Exhibit.
Included with the Petition and the Staff Recommendation for the Commission's review
were the following Stipulated Exhibits:
1. Restrictive Covenants filed in the Pender County Registry at the following Books and
Pages: 2425/250, 2442/157, 2523/164, 3079/45, and 41/90/232;
2. 2005 Major Mod application;
3. 2004 Major Mod issued to Jimmy's Island, LLC on May 24, 2004;
4. omitted
5. 2008 CAMA Major Permit DCM Field Investigation Report by Heather Coats;
6. 2008 comments from DWQ;
7. 2008 comments from DMF;
8. Omitted;
9. 2015 CAMA Major Permit Application by Waters Edge HOA;
10. 2015 CAMA Major Permit DCM Field Investigation Report by Jason Dail;
11. 2015 DCM SAV notations (Internal Use note at bottom);
12. 2015 DCM SAV field notes enlarged and with green highlighting added;
13. 2015 Deaton Memo;,
14. 2003 Depth Survey (NGVD'29 benchmark used);
15. December 29, 2003 revised Environmental Assessment;
16. Affidavits of Petitioner -members Raymond Ballard, Todd Skeen, Whitney Skeen, and
Michael Mac;
17. 2015 comments from WRC;
18. 2015 comments from DCM's Fisheries Specialist with Site visit notes;
19. 2015 comments from DWR;
20. 2015 comments from Corps;
21. 2015 DCM Denial Letter;
22. 2015 DWR 401 Denial Letter;
23. 2015 Corps Denial Letter;
24. Affidavit of Dawn Beard;
25. NC Coastal Habitat Protection Plan 201'6 Source Document- Selected Chapters include:
SAV Section (Chapter 4), Physical Disturbances (Chapter 8), and Management Section
(Chapters 13-15);
15

26. February 11, 2016 response from DCM to Representative Millis;
27. May 9, 2016 letter to DCM from Blanton's Counsel;
28. Three exhibits by Petitioner, adding notations onto the green -highlighted SAV drawing
made by DCM;
29. PowerPoint presentation.
CONCLUSIONS OF LAW
1. The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC
07J .0703(f) which must be found before a variance can be granted as set forth below.
a. Petitioner has affirmatively shown that strict application of the
Commission's rules will cause unnecessary hardships.
The Commission adopted 15 NCAC 7H .0208(a)(2)(A) and 15 NCAC 7H .0208(b)(1) to
ensure that development is sited and designed to avoid significant adverse impacts upon the
productivity and biologic integrity of submerged aquatic vegetation. Without the variance,
Petitioner would not be able to perform new dredging around existing boat slips 1-9.
In support of the variance request, Petitioner argued that the 2004 CAMA permit
authorized construction of a 9-slip community boat dock facility located directly on the AIWW.
The slips constructed under the permit provided direct access for the 18-lot Waters Edge
subdivision. At the time the permit was issued, the natural draft within the slips was more than
sufficient to support direct access. Since issuance of the 2004 permit, the slips have "shoaled in."
According to Petitioner, the slips are now virtually unusable. Petitioner has applied for
permission to dredge the slips to -4 feet NLW. Petitioner asserts that strict application of these
rules would cause Petitioner unnecessary hardship insofar as such application would prohibit the
use of the community boat dock as approved in the earlier CAMA Permit; impede and render
16

navigation in the vicinity of the boat slips hazardous; subject boats and associated equipment
stored and used at the boat slips to damage; and substantially reduces the fair market value of
Waters Edge subdivision homesites.
In its Staff Recommendation, DCM objected to the variance on the grounds that strict
application of the rules does not create an unnecessary hardship for Petitioner. Specifically,
DCM pointed out that the purpose of the Commission's rules is to protect SAV and SAV habitat
as it is an important fish habitat used by coastal species where they can "forage, seek refuge,
grow or spawn." DCM argued that the community slips for the Waters Edge subdivision on the
A1WW were marginal when originally developed insofar as they were located at depth (as
reported in the 2004 DCM Field Report) ranging from -1.5 feet to less than -4 feet at the deepest
point and consequently had a potential for shoaling. DCM Staff also pointed out that the rules
from which Petitioner seeks a variance were in place in 2004 and prohibited new dredging
projects in areas with SAV and SAV habitat. Finally, DCM argued that Petitioner can continue
to make use of the docking facility for riparian uses such as boating even if the size and draft of
boats using the slips would be limited by the existing depth.
Following discussion regarding what information was available regarding the water
depths at the Site in 2004 and whether SAV was located in the area at the time of the piers and
slips were constructed under the authority of the 2004 CAMA permit, a majority of the
Commission was persuaded by Petitioner's arguments and affirmatively found that Petitioner has
met the first factor without which a CAMA variance cannot be granted.
17

b. Petitioner has demonstrated that the hardship results from conditions
peculiar to Petitioner's property.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
results from conditions peculiar to the property, such as location, size or topography.
Specifically, Petitioner's property is adjacent to the AIWW which is a major navigational
dredged channel. There is no SAV mapping that indicates SAVs were located within the boat
slips when they were initially constructed. SAVs typically do not colonize or become established
immediately adjacent to a major navigational, heavily -traversed and consistently maintained and
dredged channel. That SAVs have become established here may be a result of the shoaling which
has occurred around the docking facility. The Commission affirmatively finds that Petitioner has
demonstrated that this hardship results from conditions peculiar to the property and has met the
second factor required for the granting of its request for a variance.
C. Petitioner has demonstrated that hardship does not result from its actions.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
does not result from actions taken by the Petitioner. In its Staff Recommendation, DCM points
out that Petitioner's predecessor in interest, the developer, chose to develop slips on the AIWW
shoreline of the subdivision. The location choice and marginal AIWW shoreline seem to be the
primary cause of the hardships in this case, as shallow water is the preferred habitat for SAV. In
its Staff Recommendation, DCM agrees that the hardships do not result from actions taken by
Petitioner and does not allege that SAVs were present in the area of the docks when the 2004
CAMA permit was issued. While there is room to move the piers at issue along the AIWW
shoreline where no SAV is currently present, the private ownership of the upland lot in the
alternative location appears likely to prevent the resolution of this issue by moving the piers.
18

. ,,;4
For these reasons, the Commission affirmatively finds that Petitioner has demonstrated
that the hardships do not result from its actions. Thus, Petitioner has met the third factor required
before a variance can be granted.
d. Petitioner has demonstrated that the requested variance is consistent with
the spirit, purpose and intent of the Commission's rules, will secure public
safety and welfare, and will preserve substantial justice.
In support of its request for a variance, Petitioner argues that the requested variance is
consistent with the spirit, purpose and intent of the Commission's rules and relies on the
Commission's management objective for Public Trust Area AECs. The language of this rule
notes the importance of protecting the economic and aesthetic value of Public Trust Areas:
Management Objective. To protect public rights for navigation and
recreation and to conserve and manage the public trust areas so as
to safeguard and perpetuate their biological, economic and
aesthetic value.
15A NCAC 7H .0207(c) This rule acknowledges that a balance must be struck between all of
these important values of the public trust areas. Economic and aesthetic values do not trump a
waterbody's biological importance. Nor is safeguarding public navigation privileged above other
uses. The value of SAV has been understood and acknowledged in the CRC's rules for decades.
The importance of SAV habitat is further highlighted by the Coastal Habitat Protection Plan as
being essential for coastal species where they can "forage, seek refuge, grow or spawn." Species
which spend significant portions of their lifecycle in SAV include spotted sea trout, red drum,
bay scallop, shrimp, hard clam, flounder, juvenile gag grouper and black sea bass.
In support of its request, Petitioner also cites a rule of the Environmental Management.
Commission, 15A NCAC 2B .0225, which allows for maintenance dredging under certain
conditions. In making its decision here, the Coastal Resources Commission is not relying on or
19

,,:
providing a variance from the rules of the Environmental Management Commission. This
Commission specifically notes that the new dredging proposed here is not for the maintenance of
an existing channel. Rather, Petitioner's CAMA application is for new dredging to increase
access for the Petitioner and its users to the AIW W from the existing docking facilities.
During discussion, the Commission noted that the original 2004 CAMA permit
authorized construction of 18 slips located on three piers. Condition 10 of the 2004 CAMA
Permit relates to one of the piers - the Mill Creek pier, which is located within a primary nursery
area. Condition 10 explicitly prohibits any new dredging or excavation throughout the entire
existence of the permitted structure on Mill Creek because it is in a primary nursery area. The
Mill Creek pier is not the subject of this variance request. The 2004 CAMA Permit does not have
a similar prohibition for the two piers which include slips 1-9 which are the subject of this
request.
After considering the requirements of its rules, the Commission determined that
Petitioner's request for new dredging in an area with SAV habitat in order to provide reasonable
riparian is consistent with the balancing required to conserve and manage the public trust areas
so as to safeguard and perpetuate their biological, economic and aesthetic value. Thus, the
Commission finds that Petitioner has shown that the requested variance is consistent with the
spirt, purpose, and intent of the rule.
Second, the Commission found that public safety will be enhanced by dredging the area
around the nine slips to a depth of -4 NLW. By granting Petitioner's request, safe boating access
will be improved.
20

Third, the Commission finds that allowing new dredging will preserve substantial justice
and allow boaters to use the slips in a manner that grants reasonable and safe access to the
AIW W without damage to their boat or the associated boat lifts and other dockage equipment. In
its Staff Recommendation, DCM argued that it would not preserve substantial justice to allow
Petitioner to dredge in an area not dredged before in order to `realize their reasonable,
investment -backed expectations" when Petitioner unreasonably assumed they could have
unfettered access to the AIWW from a marginal site. DCM further pointed out that the rules
limiting SAV dredging were in place at the time of permitting and construction, and while SAV
may not have been present at the Site in 2004, the site was shallow enough at that time to
constitute SAV habitat. Notwithstanding DCM's arguments, the Commission affirmatively
found that it would provide substantial justice to allow Petitioner a variance authorizing new
dredging as described more fully in Petitioner's permit application at the northern section of the
existing docking facility which is primarily located within the footprint of slips 5-9.
Following its review of the Stipulated Facts and Stipulated Exhibits and arguments
presented by the parties, the Commission affirmatively finds that Petitioner has met the fourth
factor required by N.C.G.S. § 113A-120.1(a).
ORDER
THEREFORE, the requested variance from 15A NCAC 7H. 0208(a)(2)(A) and
.0208(b)(1) is GRANTED. Petitioner is authorized to dredge as requested in its application to a
maximum depth of -3.92 feet NLW based on the information provided in Stipulated Fact No. 30
as to the depth around piers 1-9 in 2003.
The granting of this variance does not relieve Petitioner of the responsibility for obtaining
21

I , f1 F
any other required permits from the proper permitting authority or other required variances from
the Environmental Management Commission. This variance is based upon the Stipulated Facts
set forth above. The Commission reserves the right to reconsider the granting of this variance
and to take any appropriate action should it be shown that any of the above Stipulated Facts is
not true or the facts upon which this request was granted have materially changed.
This the 22'h day of December, 2016. -W
�-n�anLe 40.�' .Iwn�
Frank D. Gorham, III, Chairman
Coastal Resources Commission
22

.:.ft, r-
CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties by the methods indicated below:
Chris Blake, Registered Agent
Water's Edge HOA, Inc.
2108 Capital Drive, Suite 102
Wilmington, NC 28405
Michael J. Mac, President
Water's Edge HOA, Inc.
Stephen D. Coggin
Rountree Losee, LLP
P.O. Box 1409
Wilmington, NC 28402
Certified Mail/Return Receipt Requested
and
Electronically at.-
cblake(a)communitysolutionse.com
Electronically at:
mikeimac 11(@gmail.com
U.S. Mail and Electronically at
Scogginsna.rountreelosee.com
Christine A. Goebel, Esq. Electronicall�at
Assistant General Counsel christine.goebelAncdenngov
N.C. Department of Environmental Quality
217 West Jones Street
Raleigh, NC 27699-1601
Braxton C. Davis, Director of DCM electronically:
Mike Lopazanski. Acting Assist. Director, DCM Braxton.Davis(a)ncdem.gov
Angela Willis, Administrative Assistant Mike.Lopazanski&cdenr.gov
400 Commerce Ave. Angela Willis(a)ncdenr.gov
Morehead City, NC 28557
This the 22 h day of December, 2016.
G lr. v�LCu/lZ(
Lucasse
Sp c' Deputy Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602
41

PAT MCCRORY
Gevemor
DONALD R. VAN DER VAART
Secretary
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY Director
December 4, 2015
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Waters Edge Homeowners Association
c/o Michael Mac & John Corkrum
2108 Capital Drive, Suite 102
Wilmington, NC 28405
Dear Sirs:
This letter is in response to your application for a Major Permit under the Coastal Area
Management Act (CAMA) and State Dredge and Fill Law, in which authorization was requested
to dredge around existing docking facilities adjacent to the Atlantic Intracoastal Waterway, at the
southern terminus of Great Oak Drive, in Pender County. Processing of the application, which
was received as complete by the Division of Coastal Management's Wilmington Office on July
10, 2015, is now complete. Based on the state's review, the Division of Coastal Management has
made the following findings:
1) The proposed project involves excavation around two existing docking facilities located
adjacent to the Atlantic Intracoastal Waterway. The first area of proposed excavation
would involve an area 50 feet wide by 75 feet long, and the second area of excavation
would involve an area 50 feet wide by 100 feet long.
2) The waters in the project area are classified as Outstanding Resource Waters by the N.C.
Environmental Management Commission.
3) The field investigation report prepared by the Division for this permit application states
that in 2008, submerged aquatic vegetation (SAV) was observed within the proposed
dredge footprints. Division staff confirmed the continued presence of SAV within the
proposed dredge footprints during site visits conducted on April 28, 2015 and June 18,
2015.
4) The proposed project would result in the excavation of approximately 8,750 square feet of
SAV habitat.

r
Waters Edge Homeowners Association
December 4, 2015
Page 2
5) The Division's fisheries resource specialist found that the project would result in a
significant and adverse impact to marine and estuarine resources, principally SAV habitat,
at the project site.
6) Based upon the above referenced findings, the Division has determined that the proposed
project is inconsistent with the following Rules of the Coastal Resources Commission:
a) 15A NCAC 07H.0208(a)(2)A): "The location, design, and need for development,
as well as the construction activities involved shall be consistent with the
management objective of the Estuarine and Ocean System AEC ( Rule .0203 of this
subchapter) and shall be sited and designed to avoid significant adverse impacts
upon the productivity and biologic integrity of coastal wetlands, shellfish beds,
submerged aquatic vegetation as defined by the Marine Fisheries Commission, and
spawning and nursery areas";
b) 15A NCAC 07H.0208(b)(1): "Navigation channels, canals, and boat basins shall
be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of
submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands
except as otherwise allowed within this Subchapter."
Given the preceding findings, it is necessary that your request for issuance of a CAMA Major
Permit under the Coastal Area Management Act be denied. This denial is made pursuant to
N.C.G.S. 113A-120(a)(8), which requires denial for projects inconsistent with the state guidelines
for Areas of Environmental Concern or local land use plans, and N.C.G.S. 113-229(c)(5), which
requires denial for projects that will cause a significant adverse effect on wildlife or freshwater,
estuarine or marine fisheries.
If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will
involve appearing before an Administrative Law Judge who listens to evidence and arguments of
both parties before making a final decision on the appeal. Your request for a hearing must be in
the form of a written petition, complying with the requirements of § 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial
letter. A copy of this petition should be filed with this office.
Another response to a permit denial available to you is to petition the Coastal Resources
Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal
Resources Commission. Applying for a variance requires that you first acknowledge and
recognize that the Division of Coastal Management applied the Rules of the Coastal Resources
Commission properly in processing and issuing this denial. You may then request an exception
to the Commission's Rules based on hardships to you resulting from unusual conditions
associated with your property. To apply for a variance, you must file a petition for a variance
with the Director of the Division of Coastal Management and the State Attorney General's

■ Complete items 1, 2, and 3.
■_,Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
t Waters Edge Homeowners Assn.
c/o Michael Mac & John Corkrum
2108 Capital Drive, Suite 102
Wilmington, N.C. 28405
IIIIIII�InIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII
959&9403 0412 5163 9037 15
I7005 3110 D001 5624 3512
I Ps Form 3811, April 2015 PSN 753D-02-000-9053
1
❑ Agent
B. Received by (Printed Name) I C. Date of Delivery
D. Is delivery address different from Rem 1? ❑ Yes
If YES, enter delivery address below. ❑ No
3. Service Type
❑ priority Mail Express®
❑ Adult Signature
❑ Registered MaflTM
l7 Ad}ill Signature Restricted DelNery
❑ Registered Mail Restricted
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❑ CedelW Mail Resricted Delivery
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❑ Collect on Delivery
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❑ Collect on Delivery Restricted Delivery
❑ Signature Confirmation^'
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❑ Insured Mail Restricted Delivery
Restricted DelNery
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UNITED STATES POSTAL SERVICE
First -Class Mail
Postage R Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4® in this box•
N.C. Division of Coastal Management
400 Commerce Avenue
Morehead City, N.C.28557 RECEIVE
1111111111 I. a rDCM- MHD CITY
9590 �ad� ►��ri�r��hi���'�d��Nr �' rrr rill r lu ul

i1
Waters Edge Homeowners Association
December 4, 2015
Page 3
Office on a standard form, which must be accompanied by additional information on the nature
of the project and the reasons for requesting a variance. The variance request may be filed at any
time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the
variance request to be eligible to be heard at that meeting. The standard variance forms may be
obtained by contacting a member of my staff, or by visiting the Division's web page at:
http://www.nccoastalmanagement.net/web/cm/90.
Members of my staff are available to assist you should you desire to modify your proposal in the
future. If you have any questions concerning this matter, please contact Ms. Heather Coats at
[phone].
Sincerely,
Braxton C. Davis
Director, NC Division of Coastal Management
cc: Col. Kevin P. Landers — U.S. Army Corps of Engineers, Wilmington, NC
OCRM/NOAA, Silver Spring, MD
U.S. Postal Service,,,
CERTIFIED MAIL., RECEIPT
(Domestic Mail Only; No insurance coverage Provided)
9488817898203063672476
FORTRACKING GO TO
Postageru
Ln
IqcerlIed FeeEJ PostmerM
M Retum Recelpt Fee Here
O (Endorsanrerd Required)
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Waters Edge Homeowners Assn.
et a Mac & John Corkru
0 c/o Michael m
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Suite 102
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ciiy,'§reie Wilmington,

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Waters Edge HOA
PROJECT NAME: Waters Edge Excavation
COUNTY: Pender
LOCATION OF PROJECT: southern terminus of Great Oaks Dr, adjacent to the AIWW, in Hampstead
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-10-15
FIELD RECOMMENDATION: Attached: YES
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: Dail
DISTRICT MANAGER REVIEW: /' - DgTr [p,- Qul
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 7-25-15
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE: f
MAIL OUT DATE: 7-23-15
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $400✓ kc-%
END OF NOTICE DATE: 8-15-15
DEED C' :
ON:
150 DAY DEADLINE: (2-ql s
STATE DUE DATE: 8-15-15
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management -Regional Representative
i
Coastal Management - LUP Consistency
5
✓
Division of Community Assistance
Land Quality Section (DEMLR)
-
R7
Division of Water Resources (401)
Storm Water Management (DEMLR)
/s
State Property Office
Division of Archives & History
�7
RLUENED
Division of Environmental Health
! l5
JUL ? 015
Division of Highways
MMAAHp CIr.
Wildlife Resources Commission
Local Permit Office
Division of Marine Fisheries / DCM
1
.
Corps of Engineers
C.wrnrn,.r5�

RECOMMENDATIONS FOR — Waters Edge Home Owners Association - July 15, 2015
The proposed dredging would result in impacts to SAV and SAV habitat and appears to be inconsistent with
NCAC 07H .0208(b)(1), which states that "navigation channels, canals and boat basins shall be aligned or
located so as to avoid primary nursery areas, highly productive shellfish beds, beds of submerged aquatic
vegetation, or significant areas of regularly or irregularly flooded coastal wetlands". I therefore recommend
DENIAL of the permit, as currently proposed. However, should a permit be issued, I recommend the following
conditions:
1) In order to protect juvenile shrimp/finfish/shrimp and finfish populations, no excavation or filling will be
permitted between April and September of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
2) Excavation will not exceed 4 feet below the mean low/normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No vegetated wetlands/marsh grass will be excavated or filled.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) All excavated materials will be confined above mean high water and landward of regularly or irregularly
flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh
or surrounding waters.
6) The dike/back fill material/disposal area/disturbed areas will be properly graded and provided a ground
cover sufficient to restrain erosion within 30 working days of project completion.
7) The spoil disposal area must be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
8) Appropriate sedimentation and erosion control devices, measures or structures must be
implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g
silt fence, diversion swales or berms, sand fence, etc.).
9) Future development on the permittee's property may require a modification of this permit. Contact a
representative of this Division at [phone] prior to commencement of any such activity for this
determination.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext.
108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
RECEIVED
JUL 2 91015

MEMORANDUM
To: Heather Coats
From: Michael Christenbury, Wilmington District Planner)@
Subject: Consistency Determination, Major Permit Application, Waters Edge
HOA, Pender County
Date: August 24, 2015
with the 2012 Pender County
The applicant proposes dredge around the existing docking facilities located along the
AIWW at the southern terminus of Great Oak Drive in Hampstead, Pender County.
Areas of Environmental Concern (AEC's) impacted by the proposal are PT and EW.
Waters at the project site are classified as SA-ORW and are open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Pender County Comprehensive
Land Use Plan and offer the following comments.
The general area of the project is classified Residential, while the AECs impacted by the
work are classified as Conservation and Resource Protection.
In general, Pender County allows development in Conservation and Resource Protection
classified AECs which is consistent with the State's minimum use standards. The Pender
County Land Use Plan contains some policies, which exceed the State's minimum use
standards. However, none of these more restrictive policies appear to be applicable to
this project.
This project is consistent with the 2012 Pender County Comprehensive Land Use
Plan Update.
Cc: File

it
Pat McCrory
Governor
July 23, 2015
MEMORANDUM:
TO:
NCDENR
North Carolina Department of Environment and Natural Resource
Dan Sams
District Manager
DEMLR - WiRO
=�=EiVE
Jul 2 3 2015
Donald R. van der Vaart
Secretary
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Fax: [phone]
(Courier 11-12-09)
SUBJECT. CAMA / Dredge & Fill Permit Application Review
Applicant: Waters Edge HOA
Project Location: at the southern terminus of Great Oaks Dr, adjacent to the AIWW, in Hampstead,
Pander County
Proposed Project: to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Huggett at the address above by August 15, 2015. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
� co'Sw„� Qua
REPLY: This agency has no objection to the project as proposed. ��•,Me���.>
(:_o
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.
SIGNED -4GU DATE `Ii - a`A - a -a\
N.C. Division of Coastal Management
RECEIVED
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanaclement.net
AUG U 8 205
An Equal opportunity 1 Affirmative Action Employer
1411I4AN6) op44

Al2 1-fZ
Or --
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 25, 2015
DWR # 04-0337 V2
Fender County
CERTIFIED MAIL: 7008 1300 0000 1124 1749
RETURN RECEIPT REQUESTED
Waters Edge Homeowners Association
Attn: Michael Mac and John Corkrum
2108 Capital Drive Suite 102
Wilmington, NC 28405
Subject: REQUEST FOR ADDITIONAL INFORMATION
Waters Edge HOA Boat Dock Dredging project, Hampstead
Dear Messrs. Mac and Corkrum:
On July 29, 2015, the Division of Water Resources (Division) received your CAMA application
dated July 23, 2015, requesting a 401 certification for new dredging at your docking facility.
The Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until the following information is received:
1. A Submerged Aquatic Vegetation Survey (SAV) survey of the proposed area to be
dredged and the area adjacent to the docks.
2. The project is proposed in waters classified as "SA-ORW". Title 15A NCAC 02B
.0225(c)(2), for Outstanding Resource Waters, which states
"Saltwater: Water quality conditions shall be maintained to protect the outstanding resource
values of waters classified ORW. Management strategies to protect resource values shall be
developed on a site -specific basis during the proceedings to classify waters as ORW. New
development shall comply with the stormwater provisions as specified in 1SA NCAC 02H
.1000. Specific stormwater management requirements for saltwater OR Ws are described in
ISA NCAC 02H .1007. New non -discharge permits shall meet reduced loading rates and
increased buffer zones, to be determined on a case -by -case basis. No dredge or fill activities
shall be allowed if those activities would result in a reduction of the beds of submerged
aquatic vegetation [emphasis added] or a reduction of shellfish producing habitat as
defined in 15A NCAC 031.0101(b)(20)(A) and (8), except for maintenance dredging, such as
that required to maintain access to existing channels and facilities located within the
designated areas or maintenance dredging for activities such as agriculture. A public
hearing is mandatory for any proposed permits to discharge to waters classified as ORW."
Please explain how this proposed project complies with Title 15A NCAC 02B .0,22,�(r11r 1i
uCM VV!LMINGTON, NC
Division of Water Resources - 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 S E P 2 5 2015
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 91M07-63001 FAX: [phone]
Intemet: www.nwaterquality.org
An Eauai OoomWn, 1 Af im lti a Action FmWve, - Made in naa by we kl oaQer

Pursuant to Title 15A,NcAc,,02H .0502(e); the applicant shall furnish all of the above requested
information fortIbe proper consideration' 11 Of'the application. Please respond in wrifinawithifi;3
calendar days of receipt of this letter by sending three (3).copies of all. of the above requested
information to the 40.1 & Buffer Permitting U.hit-; 1650:Mail Service Center, Raleigh, NC.27699-,
1650. it all of the requested information is hot 'received in writingwithin 30. calendar days of
receipt of thisletter,,the Division will be unable to approve the application and, it will be
returned, The'return of this project will necessitate' reapplication tothe . DiVisi6,,n - for approyal,
including a co.rnplete;application package and the appropriate fee.
Please be..qwar,eltha,ty94 lypve noauthorizationunderSection401 of the Clean Water Act for
this activity and any work done within waters of the state maybe a violation of North ;Carolina
General Statutes and Administrative.CocIP.
Please contact.10anne'Steenhuis a - t 910.796.7,306 O-e-Jb5ririO.St-66hhuis@hcd6n'r.me at
919.807.636aorka reh. Hiuijns�Orfcden r. eov if you have anyquestions;.orconcerns.
Sincerely,
4r
Karen Higgins, Su porviso,r
,401,& B Uffer POrnitting,Vni . t
cc: Adam Knierim —.Mar . ite6h.CLC.,Ad4mV6!6ri-rhC-oDgm-ai"1-.c"orri-7 electronic copy
Liz Hair— USACE .Sargh.,E.Hair(a)ijsat6.arrriV:miI -electron'Ic -copy
Heather Cqats— D.CM'Wiliningtbii—.eiL-L-tr6nic-.COPY
Jason Dail — DCM Wilmington — electronic copy
Jo�ufne,,SteOnhvis — DWR WiRQ
aWR 401 and ROO Permitting ,'Uhit, File,Copy
File name: 040337QWat,ersEdgeMarina(P I end I er)_ I HOLD.docrx

AA itr—
a(>DC�
MCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory Donald R. van der Vaart
Governor
Secretary
July 23, 2015
RECE4A
9 IMCBERR/DijyR
MEMORANDUM:
JUL 2 3 2015
TO:
Joanne Steenhuis
401 Wetlands %1raterQuafftyAee
DWR - WiRO Wonali
1mrngton F?egronl10ffice
FROM:
Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Fax: [phone]
(Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Permit Application Review
Applicant: Waters Edge HOA.
Project Location: at the southern terminus of Great Oaks Dr., adjacent to the A1WW in Hampstead,
Pender County
Proposed Project: to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Hwgett at the address above by August 15, 2015. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
_XTh'is agency objects to the project for reasons described in the attached comments.
SIGNED / Q DATE 61- �&_//r
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone]FAX: [phone]Internet: www.necoastalmanaaementnet
An Equal Opportunity l Affirmafive Action Employer ,��j A �,(�

Pat McCrory
Governor
July 23, 2015
MEMORANDUM
TO
IY:Zili7�
SUBJECT:
Applicant:
Project Location:
Proposed Project:
Fill
NCDENR
North Carolina Department of Environment and Natural Resource
Georgette Scott
Stormwater Section
DEMLR - WiRO
JUL 2 3 2015
Donald R. van der Vaart
Secretary
Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Fax: [phone]
(Courier 11-12-09)
CAMA / Dredge & Fill Permit Application Review
Waters Edge HOA
at the southern terminus of Great Oaks Dr., adjacent to the A/WW, in Hampstead,
Pender County
to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Huggett at the address above by August 15, 2015. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: r This agency has no objection to the project as proposed.
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.
SIGNED DATE —2 -2l
N.C. Division of Coastal Management RECEIVED
127 Cardinal Drive Ext., Wilmington, NC 28405 AUG 0 4
Phone, 910-796-72151 FAX: [phone] Internet: www.nccoastalmanaaement.net
An Equal Opportunity 1 Affirmative Acxon Employer Wft11*A"V 1'44

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 9, 2015
Michael J. Mac
John Corkrum
Waters Edge Homeowners Association
2108 Capital Drive, Suite 102
Wilmington, NC 28405
Subject: EXEMPTION
Stormwater Project No. SW8 080964 MODIFICATION
Waters Edge atDeerfield Dredging Project
Pender County
Dear Mr. Mac and Mr. Corkrum:
Donald R. van der Vaart
Secretary
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the
CAMA Major Permit Application for the subject project on July 23, 2015. Staff review of the plans and
specifications has determined that the development activities proposed at this time will not pose a threat to
surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and
approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to
the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of
this letter, we are informing you that this project will not require a stormwater management permit
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it
is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge
requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting
these criteria. All temporary built -upon area associated with the construction of the project must be removed
within 30 days of completion of the project, or when it is no longer needed, whichever occurs first
If you have anyy questions or need additional information concerning this matter please contact Linda Lewis at
[phone], or e-mail her at [e-mail].
Sincerely,
e7nTra/�cyn.E., Director
Division of Energy, Mineral, and Land Resources
GDSlarl: G:IWQ\Shared\Stormwater\Permits & Projects\2008\080964 Exempfion\201511 permit 080964
Cc: Maritech LLC RECEIVED
Pender County Planning Department
Jason Dail/Shaun Simpson DEC 01 2015
Doug Huggett, DCM
Wilmington Regional Office Stormwater File
DCM- MHD CITY
Division of Energy, Mineral, and Land Resourm
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 29405
(910) 796-72151 Fax: [phone] - Internet: htb:lloortal.ncdemordwebAr/
An Equal Opportunity \ Affinetwe Action Empbyer- Made in pert by recycled paper

a
NCDE °'iR
North Carolina Department of Environment and Natural Resource -
Pat McCrory ` �. Donal;i R. van der Vaaii
Governor Secre!r: v
July 23, 2015
MEMORANDUM:
r /
TO: Renee Gledhill -Early f
Dept. of Cultural Resources �.
Archives & History
FROM: Doug Huggett, NC DENR-DCM.Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 2K57 Fax: 252=247-3330
(Courier 11-12-09)
ram," SUBJECT: CAMA % Dredge & Fill Permit Application Review t
Applicant: Waters Edge HOA
Project Location: at the southern terminus of Great Oaks Dr., adjacent to the Alwm� in 1-famhstead,
Pender County
Proposed Project: to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Huggett at the address above by August 15, 2015. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
V_ 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.
SIGNED DATE
14,C. LI'�Z4W,i of C')J5131 It. 1'a i•J nOPI
P' l"ah.�nal Java L.I , !ah:utinrncn. l4C ?Bu05
PIIIno, I 13l For 910-Jj 39'pA ipI",,, l mywi fox ayaliTian 74emetPRffi
JUL 3 1 2015

NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 23, 2015
MEMORANDUM:
TO: Shannon Jenkins
NC DMF
Shellfish Sanitation Section
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Fax: [phone]
(Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Permit Application Review
Applicant: Waters Edge HOA
Project Location: at the southern terminus of Great Oaks Dr, adjacent to the AIWW, in Hampstead,
Pender County
Proposed Project: to dredge around two (2) existing docking facilities
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Huggett at the address above by August 15, 2015. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
_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.
For A ti( tJ / �� A� // DATE 7/�i-1 �{ 5� RECEIVED
SIGNED � �-Yt�L�"`^
00
AU6 0 4 1015
N.C. Division of Coastal ManagementMMa t tr
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.ncooastalmanagement.net
An Equal Opportunity \Aflirmalive Action Employer

Aug. 6. 2015 3:04PM NC Dept of Transportation uclmpalo.5998Q(L.P. 1 2k-
Apt- 13 S-IS
L1ISSTRICT 1
ALI JUL 3 12015
NC®ENR
North Carolina Department of Environment and Natural Resource
Pal McCrory
Governor
July 23, 2015
MEMORANDUM:
TO: Robert Vause
NC DOT
Pander County
Donald R. van der Vaart
. Secretary
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Faz: 252-247-3330
(Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Permit Application Review
Applicant: Waters Edge HOA
Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW, in Hampstead,
Pender County
Proposed Project: to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Huqqett at the address above by August 15, 2015, If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY; This agency has no objection to the project as proposed. /
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 agenc objects to the project for reasons described in the attached comments.
SIGNED "" �JiT DATE g
N.C. Division of Coastal Management
127 Cardinal Drive EA.. Wilmington, NC 28405
Phone; 91 D-796-7215 1 FAX; 910�395J964 Internee www net0aslalmanogemeni.nel
An Equal 000numry IAffirmaave A611on Employer

crr`< �aV�aa
CDEMR
North Carolina Department of Environment and'Natural Resource
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 23, 2015
MEMORANDUM:
TO: Gregg Bodner
Fisheries Resource Specialist
DCM, Morehead City
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Fax: [phone]
(Courier 11-12-09)
SUBJECT: CAMA / Dredge & Fill Permit Application Review
Applicant: Waters Edge HOA
Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW, in Hampstead,
Pender County
Proposed Project: to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Doug Hugpett at the address above by[Aug su f 1'S; 2015? If you have any`------
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
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 aourpA1AW
SIGNED DATE
N.C. Division of Coastal Management
, ,,,, „ , 127 Cardinal Dive Ext„'Nihninglon. NC 28405
Phone: [phone] FAX: [phone] Inlemel: www.nccoasfalmana ement net so
An EVaal Opportunity FAffrmatme Action Employe, „ 1p15
Nl `� 1 rrlt't,
a in
S107, L 6 1nr
O3AI3�13d

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
MEMORANDUM:
TO: Doug Huggett, DCM Major Permit Coordinator
FROM: Gregg Bodnar, DCM Fisheries Resource Specialist
SUBJECT: Water's Edge HOA (Hampstead)
DATE: 8/20/2015
Donald R. van der Vaart
Secretary
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The applicant
proposes to conduct new dredging around an existing boating facility. Waters are classified as
supporting shellfish (SA), Outstanding Resource Waters (ORW), Mill Creek (adjacent to site) is classified
as Secondary Nursery Area (SNA), and waters are open to the harvest of shellfish by the NC Division of
Marine Fisheries Shellfish Sanitation Section.
In 2004 a Major Modification was submitted to an existing Major Permit (#68-03) to construct an 18 slip
community dock, nine slips within Mill Creek and nine slips within the Atlantic Intracoastal Waterway
(AIW W). The permit was authorized. In 2008 a CAMA Major Permit application was submitted to
perform new dredging within the AIWW portion of the docking facility (slips 5-9). DCM field staff noted
submerged aquatic vegetation (SAV) within the dredge footprint. The application was circulated and
numerous agencies replied unfavorably due to the impacts to SAV and SAV habitat. Furthermore NC
Wildlife Resources Commission comments relating to the 2003 Environmental Assessment
recommended that no dredging be allowed based on SAV impacts. The application was withdrawn and
no further action was taken. In April and June 2015, DCM field staff and fisheries resource specialists
surveyed the area and documented SAV within the current dredge footprint. As designed, slips 1-4 have
a 50ft. wide x 75ft. long x -4ft. depth footprint. Slips 5-9 have a Soft. wide x 100ft. long x -4ft. depth
footprint. SAV, identified as mostly Z. marina (eel grass), has colonized the area and has shown to be
prevalent behind and within the dredge footprint. In June 2015, SAV coverage within slips 5, 6, 8, and 9
was 10-40%. In slip 7, SAV coverage was 40-70%. Landward of slips 5-9 to the marsh also had 10-40%
SAV coverage. The shallow embayment between the two piers has 10-40% coverage and transitions to
algae and patchy SAV coverage at slips 1-4. Dominate species of algae were identified in the field as
ulva, dictyota, and codium. Finfish utilize algal dominated areas in much the same way as SAV habitat,
with many finfish species utilizing both habitats.
North Carolina ranks second behind Florida in SAV presence. Observations since 2000 have indicated
that SAV coverage in North Carolina is expanding into previously unobserved areas. SAV is a vital
component to the estuarine system and is excellent nursery area for many fisheries species, supporting
high diversity of fish and invertebrates, and provides valuable ecosystem services as a primary producer
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone]nternet: wwnv.ncdenr.gov
An Equal opportunity \ Affirmative Acron Employer- Made in pad by wyded paper

and enhancer of water quality (Deaton et al. 2010). SAV filters water, stabilizes sediment (Fonseca
1996; Stephan and Bigford 1997), and provides refuge forjuvenile finfish, crabs and shrimp (Savino and
Stein 1989; Rooker et al. 1998). SAV supports a vast array of epiphytes and other sessile invertebrates
that serve as a food source for many fisheries species. Waters containing SAV have higher species
richness and abundance than those without SAV (Thayer et al. 1975, Ross and Stevens 1992), and can
improve water quality and clarity through the filtration of water by the associated epiphytic community.
SAV is recognized as essential fish habitat due to its primary production, structural complexity,
modification of energy regimes, sediment and shoreline stabilization, and nutrient cycling (Deaton et al.
2010).
The proposed application intends to perform new dredging in and around the existing slips within the
AIWW docking facility (slips 1-9). DCM field staff and fisheries resource specialists have observed SAV
resource within the dredge footprint as far back as the 2008 CAMA Major Permit application, which was
withdrawn due to the presence of SAV and unfavorable comments from multiple resource agencies.
The authorization of new dredging at the project site would directly and negatively impact the SAV
through direct removal of the resource and alteration of the habitat to discourage recolonization.
Therefore, I object to the project as proposed due to the significant and adverse impacts to the marine
and estuarine resource, principally SAV, at the project site.
Contact Gregg Bodnar at [phone] ext. 213 or [e-mail] with further questions
or concerns.
Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection
Plan. North Carolina Department of Environment and Natural Resources. Division of Marine
Fisheries, NC. 639 pp.
Fonseca, M. S. 1996. The role of seagrasses in nearshore sedimentary processes: a review. p. 261-286 in
C. Roman and K. Nordstrom (eds). Estuarine Shores: Hydrological, Geomorphological and
Ecological Interactions. Blackwell, Boston, MA.
Rooker, J. R., G.J. Holt, and S.A. Holt. 1998. Vulnerability of newly settled red drum (Sciaenops ocellatus)
to predatory fish: is early -life survival enhanced by seagrass meadows? Marine Biology 131(1):
145-151.
Ross, J. L. and T.M. Stevens. 1992. Life history and population dynamics of red drum (Sciaenops
ocellatus) in North Carolina waters. NC Division of Marine Fisheries, Morehead City, NC, Marine
Fisheries Research Completion Report Project F-29, 130p.
Savino, J. F. and R.A. Stein. 1989. Behavior of fish predators and their prey: habitat choice between open
water and dense vegetation. Environmental Biology of Fishes 24(4): 287-293.
Stephan, C. D. and T.E. Bigford. 1997. Atlantic coastal submerged aquatic vegetation: a review of its
ecological role, anthropogenic impacts, state regulations, and value to Atlantic coastal fish
stocks. Atlantic States Marine Fisheries Commission, 77p.
Thayer, G. W., S.M. Adams, and M.W. La Croix. 1975. Structural and functional aspects of a recently
established Zostera marina community. p. 518-540 in L.E. Cronin (ed.). Estuarine Research.
Academic Press, New York, NY.

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
131 pli', 0] IMICI Dili i I
TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation
DATE: November 23, 2015
SUBJECT: CAMA Dredge/Fill Permit Application for Waters Edge HOA, Pender County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at the
southern terminus of Great Oaks Drive, adjacent to the AIW W in Hampstead, NC. Our comments are
provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through
113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to dredge around two existing docking facilities to a final water depth of -4'
NLW. Currently, water depths in the area of the facilities are approximately -1' NLW characterized with
prominent submerged aquatic vegetation (SAV) as observed by the NC Division of Coastal
Management's Fisheries Resource Specialist. No official SAV survey has been conducted. The area of
impact would be approximately 8,750 ft2, so since no survey has been conducted it is assumed SAV
coverage is 100%. Material removed from the dredge project is stated to be placed in the US Army Corps
of Engineer's spoil island DA 203, though no agreement was provided in the application This are of the
AIW W is classified SA-ORW by the Environmental Management Commission and is open to shellfish
harvesting.
The NCWRC has reviewed the permit application and has significant concerns with the impact to SAV.
SAV functions as essential fish habitat by providing for primary production, structural complexity,
sediment and shoreline stabilization and nutrient cycling. SAV also enhances water quality that provides
spawning, nursery and foraging areas for aquatic organisms. The NCWRC supports the concerns of the
NCDCM Fisheries Resource Specialist. Furthermore, comments dated November 20, 2003 from the
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 2 EIVED
Telephone: [phone] • Fax: [phone] ��� INGTON, NC
NOV 3 0 2015

CMDF_ Watm Edge HOA Page 2 November 23, 2015
NCWRC regarding the initial EA for the community docking facility, recommended that no dredging be
allowed to protect extremely sensitive estuarine waters and that any in -water work be conducted outside
of the April 1 to September 30 period of peak biological activity.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.durmAncwildlife. ore
RECEIVED
DCM WILMINGTON, NC
uoV 3 0 2015

RIM
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
July 23, 2015
MEMORANDUM
TO: Steve West
Environmental Engineer
Public Water Supply
JUL 2 3 2015
W Rp Of
bWc twa ee s Pp�
Donald R. van der Vaart
Secretary
FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 Fax: [phone]
(Courier 11-12-09)
SUBJECT CAMA / Dredge & Fill Permit Application Review
Applicant: Waters Edge HOA
Project Location: at the southern terminus of Great Oaks Dr., adjacent to the AIWW, in Hampstead,
Pender County
Proposed Project: to dredge around two (2) existing docking facilites
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Douq Huggett at the address above by August 15, 2015. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: IC This agency has no objection to the project as proposed.
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.
SIGNED DATE 1 1 Z� I 1 RECEIVED
/'� n ` N.C. Division of Coastal Management AUG U 3 1015
\
�1C V2 jds Wr 1W 27 Cardinal Drive Ext., Wilmington, NC 28405 ., us uyna talk
Phone: [phone] FAX: [phone] Internal: www.nocoastalmanagement.net
An Equal opportunity 1 Affirmative Acton Employer

PAT MCCRORY
Gomm,'
DONALD R. VAN DER VAART
Secretary
finvfrornmen l at
QUU111Y
MEMORANDUM:
TO: Heather Coats, DCM Assistant Major Permit Coordinator
FROM: Gregg Bodnar, DCM Fisheries Resource Specialist
THROUGH: DougAggett, D�fylFMajo ermit Coordinator
SUBJECT: NC State Port Authority 47-87MM
DATE: November 16, 2015
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The applicant
proposes to relocate an existing docking facility and perform new dredging at the Port of Wilmington
(POW). The waters are classified as Primary Nursery Area (PNA), Anadromous Fish Spawning Area
(AFSA), Secondary Recreation (SC), and are closed to shellfish harvest.
PNA's are estuarine waters where initial post -larval development occurs. Species within this area are
early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNA's because they
afford food, protection, and proper environmental conditions during vulnerable periods of their life
history, thus protection of these areas are imperative.
Greater than 75%of recreationally and commercially important fisheries off of the southeastern Atlantic
coast havg an estuarine component (Fox 1992). Spawning for many of these species occurs in the fall to
winter along the continental shelf, with larval ingress to nearshore habitats such as the surf zone and
through inlets to the estuary (Miller 1998; Ortner et al. 1999). Dredging can cause the resuspension of
sediment that will create an increase in turbidity, and resuspension of sediments and toxins (DMF 1999).
Larvae and juveniles, especially filter feeding species; have a higher sensitivity to turbidity than adults
(West et al. 1994). An increase in suspended sediments can result in clogged gill surfaces and mortality,
and can cover oysters, SAV, and other sessile fauna and flora. In eutrophic systems an increase in
nutrients through bottom disturbances can result in algal blooms and hypoxia (Corbett et al. 2004; DMF
-% Nothing Comptares''"_
St ate of North Caroline I Environmental Quality
1601 Mof Service Center I Raleigh, North Carolina 27699.1601
919-707.8600

PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
Environmental
Quality
1999; Paerl et al. 1998). To protect such sensitive areas, Coastal Resources Commission rules prohibit
most new dredging in PNA.
In addition this portion of the Cape Fear River has been designated as AFSA. AFSXs have evidence of
anadromous fish spawning through direct observation, capture of running ripe females, or indication of
eggs or early larvae. Anadromous species within the Cape Fear River include American and hickory
shad, striped bass, river herring, American eel and both Atlantic and shortnose sturgeon.
The area of PNA proposed for dredging is within the Kinder Morgan bulk offloading facility and the Port
of Wilmington (POW) turning basin. The area receives large volumes of prop wash from tug boats as
they maneuver container ships to the port and to the berthing area of the bulk offloading/docking
facility immediately adjacent to the POW. The POW performs maintenance agitation dredging at the
northern end of the facility, directly adjacent to the proposed site. The proposed dredge cut will create
considerable sloughing and redistribution of the remaining shallow water sediment that will cause
deepening and further loss of productivity. The applicant identifies a dredge cut of -42ft at mean low
water (MLW). Discussions with the Army Corp of Engineers identified that the maintained channel that
would be considered connecting waters is maintained at -38ft at MLW. The shallower depth of
connecting waters (-38ft at MLW) is recommended to prevent creating a depression that could cause
stagnate waters. Overall the area has been highly developed and routinely impacted by large vessels
utilizing the POW as a hub for commerce in the state. Due to Coastal Resources Commission (CRC) rules
relating to new dredging within PNA, there is a technical denial based on rule making.
The applicant does state the willingness to provide mitigation for the degradation of PNA habitat. There
are concerns with mitigation for PNA loss because PNA is defined, partially, by the species that utilize
the habitat, and characteristics of the habitat itself. Therefore PNA can vary in composition, and
mitigation for each case can be subjective. Scale of mitigation examples include replacement of these
characteristics to an area that no longer exhibits them or restoring access to areas that alteration has
made inaccessible or reduced'its productivity. It should also be noted that a mitigation option should
never become the norm to validate the loss of PNA or other highly valued habitats.
The applicant proposes to place a 13.4 acre tract of land on the Brunswick River into a conservation
easement and provide $750,000 to complete the placement of a fish passage at Lock and Dam #2 on the
Cape Fear River. The fish passage mitigation,'though not in -kind, does restore access to habitat that has
been denied though alteration. It is recommended that'additional discussions with interested agencies
be initiated to discuss these options.
:=`--"Nothing Compares.:.-,..,...
state of North Carotin" I E, iaonmental Quality
1601 mill Service Center I Raleigh, North Carolina 27699-1601
919-707 8600

PAT MCCRORY
Govern t
DONALD R. VAN DER VAART
swelary
Environmental
Quality
EFH and BA Document Concerns
Throughout the EFH document the proposed impacted footprint ranges from 8.34, 8.43 and 8.53
acres. The official disturbed footprint acreage should be verified.
In the mitigation section the applicant states river and tributary miles that will be restored with the
creation of fish passages at Lock and Dams #2 and #3. The documents have no mention of the
creation of a fish passage at Lock and Dam #3 as mitigation. If restoration efforts at Lock and Dam
#3 are proposed, then it should be identified.
Dredging effects are compared to the amount of soft bottom habitat affected within the Cape Fear
River (0.02 percent). Since this is PNA habitat as well, it should be mentioned that the Cape Fear
River has approximately 17,857 acres of PNA, resulting in approximately 0.048,percent of PNA
habitat affected. The EFH document describes the dredging impacts as a very small area due to a
short-term event. In fact this area will be significantly and permanently altered due to the proposed
depth and maintenance activities. PNA habitat is characterized by shallow estuarine waters where
depth limits potential predation. The excavation potentially alters this characteristic, thereby
permanently degrading the habitat.
In summary the proposed activities has the potential to permanently alter the shallow PNA habitat into
a maintained deep water soft bottom, degrading the PNA habitat. The applicant sites the need to widen
the turning basin to accommodate larger vessels that will increase the POW's accessibility and maintain
the POW as a hub of state commerce. Due to CRC rules this results in a technical denial. The area's
functionality is impaired due to surrounding development, impacts by prop wash from maneuvering
vessels, maintenance agitation dredging adjacent to the location and the offloading of bulk transports.
Mitigation is proposed, though this option should never become the norm to validate the loss of PNA or
other highly valued habitats.
Should a permit be authorized, DCM recommends an AFSA moratorium on in water work, to include
dredging, from 1 February to 30 June, to include an observer posted during dredging operations as
described in the applicant's EFH document. This moratorium reduces the negative effects on critical
fish life history activities, to include spawning migrations and nursery functions. Due to the potential for
both species of sturgeon to inhabit the local area, this moratorium is recommended. In addition, the
best management/good engineering practices described in both the EFH and BA documents, to include
those that reduce'turbidity, should be conditioned.
Contact Gregg Bodnar at [phone]'ext. 213 or Rreag bodnargncdenr.#ov with further questions
or concerns.
%'Nothing Compares:= .
Smte of NorthCarolina I Eminmmentu10uality'
I001 NV15ervice Center Raleigh. North Caioliw D699-1601,
919-707-8600
fif�i5}ti

PAT MCCRORY
DONALD R. VAN DER VAART
Seuetury
�71VIt'CJ771 }iB77 tal
Quality
Corbett, D. R., T. West, L. Clough, and H. Daniels. 2004. Potential impacts of bottom trawling on water
column productivity and sediment transport processes. NC SeaGrant, Raleigh, NC, NC SeaGrant
Project No. 01-EP-04, 57p.
DMF (North Carolina Division of Marine Fisheries). 1999. Shrimp and crab trawling in North Carolina's
estuarine waters. DENR, Morehead City, NC, Report to NC Marine Fisheries Commission, 121p.
Fox, W.W. 1992. Stemming the tide: challenges for conserving the nation's coastal fish habitats. Pages 9-
12 in R.H. Stroud, editor. Stemming the tide of coastal fish habitat loss. National Coalition for
Marine Conservation, Savanah, Georgia.
Miller, J.M. 1998. Physical processes and the mechanisms of coastal migrations of immature marine
fishes. Pages 68-76 in M.P. Weinstein, editor. Larval fish and shellfish transport through inlets.
American Fisheries Society, Symposium 3, Bethesda, Maryland.
Ortner, P.B.; L. Crowder, D. Hoss. 1999. The South Atlantic Bight recruitment experiment: introduction
and overview. Fisheries Oceanography 8: 1-6.
Paerl, H. W., J. Pinckney, J. Fear, and B. Peierls. 1998. Ecosystem response td internal watershed organic
matter loading: Consequences for hypoxia in the eutrophying Neuse River Estuary, North
Carolina. Marine Ecological Progress Series 166: 17-25.
;% Nothing Compares';,.-
State of North Carolina I Environmental Uualily
I ri01 Mail Service Center I lialeigh, Nnrlh Carolina 17CA9.1601
919-702-11600

10
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
P"LY TO
ATIHNIION OF:
September 30, 2015
Regulatory Division
Action ID. No. SAW-2003-00506/2004-00494
Mr. John Corkrum
Mr. Michael Mac
2108 Capital Drive, Suite 102
Wilmington, North Carolina 28405
Dear Messrs. Corkrum and Mac:
RECEIVED
OCT 05 2015
DCM- MHD CITY
On July 27, 2015, we received your application for Department of the Army authorization
to perform new dredging at a private docking facility, in navigable waters of the U.S. within
Topsail Sound, at the southern terminus of Great Oak Drive, in Hampstead, Pender County,
North Carolina.
After review of your proposal, the National Marine Fisheries Service have recommended
revision of your application and plans by letter dated September 22, 2015 (copy enclosed). The
Corps also has similar concerns: These recommendations are due to anticipated adverse
environmental impacts to submerged aquatic vegetation (SAV). The recommendations are as
follows:
1.) No dredging should be authorized in SAV and SAV habitat.
Additionally, this office has learned by letter dated September 25, 2015 (copy enclosed),
the North Carolina Department of Environmental Quality, Division of Water Resources has
placed your application on hold pending receipt of an SAV survey of the proposed dredge area,
the area adjacent to the docks, and demonstration of compliance with state law for activities
proposed in Outstanding Resource Waters (ORW). The Corps agrees that an SAV survey of the
aforementioned areas should be completed and submitted to this office for review.

1*
0
y0A
Please provide the completed SAV survey and a revised project plan which avoids and
minimizes impacts to SAV and SAV habitat within 30 days of receipt of this letter.
If you have any questions, please contact Ms. Liz Hair at [phone].
SNN
L,ct Manager
Wilmington Regulatory Field Office
Enclosures:
NMFS Letter
NCDEQ-DWR letter.
Copies Furnished (without enclosures):
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Doug Huggett
Morehead City Regional Office
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

-3-
Copies Furnished (e-mail w/o enclosures):
Ms. Heather Coats (e-copy)
Division of Coastal Management
North Carolina Department of Environmental Quality
Ms. Joanne Steenhuis (e-copy)
Division of Water Resources
North Carolina Department of Environmental Quality
RECEIVED
OCT 0 5 2015
DCM- MHD CITY

December 14, 2015
Wilmington District Regulatory Division
SAW-2003-00506/2004-00494
Mr. John Corckrum
Mr. Michael Mac
2108 Capital Drive
Wilmington, North.Carolina 28405
Dear Messrs. Corkrum and Mac:
This refers to the Department of the Army (DA)'permit application for a Department of
Army permit to perform new dredging at a private docking facility, within navigable waters of
the U.S„ in Topsail Sound, at the southern terminus of Great Oak Drive, in Hampstead, Pender
County, North Carolina. The application proposed new dredging impacts to submerged aquatic
vegetation (SAV) and the removal of 971 cubic yards of material from a shallow bottom habitat
area of approximately 8,750 square feet: A previous request dated September 2009 to perform
new dredging within the project area was withdrawn due to the comments received on the
proposal as a result of the potential impacts to the SAVs.
This office has received information that the State of North Carolina Division of Coastal
Management (DCM) denied authorization for you to complete the above described work.
In accordance with 33 CFR'Part 320.40), the District Engineer may deny permits when
required State or local authorization and/or certification has'been denied. Accordingly, your
application for a DA permit is hereby denied without prejudice.
This denial without prejudice does not prohibit submittal of future applications. You
must notify us in writing if your proposed work is approved by the DCM in the future. Further
consideration will be given to your application at that time.
RECEIVED
DCM WILMINGTON`, NC
DEC 1 5 2015

-2-
If you have any other questions concerning your application for a DA permit, please
contact Ms. Liz Hair, at the above letterhead address, or by phone at 910-251-4049,
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FILENAME: SAW-2003-00506.CORKRUM.WatersEdgeDWOP.d .doc
Sincerely, CESAW-RG-L/HAIR1tms
CESAW-RG-L/BETER/s cG✓
MAIL
CESAW-RG/FILE
Copies Furnished:
National Marine Fisheries Service
Attn: Mr. Fritz Rohde
Pivers Island
Beaufort, North Carolina 28516
National Marine Fisheries Service
Attn:. Mr. Pace Wilber
Habitat Conservation Division
219 Ft. Johnson Road
Charleston, South Carolina 29412-9110
North Carolina Department of
Environmental Quality
Division of Water Resources
Attn: Ms. Joanne Steenhuis
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
North Carolina Department of
Environmental Quality
Webscape Unit
Attn: Ms. Karen Higgins
1650 MSC
Raleigh, North Carolina 27699
Kevin P. Landers, Sr.
Colonel, U.S. Army
District Commander
North Carolina Department of
Environmental Quality
Division of Coastal Management
Attn: Mr. Braxton Davis
400 Commerce Avenue
Morehead City, North Carolina 28557
North Carolina Department of
Environmental Quality
Division of Coastal Management
Attn: Ms. Heather Coats
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

r
W IV20
PAT MCCRORY
rbrorta
DONALD R. VAN DER VAART
Water Resources
ENVIIIOIIMENTAL DUAL I I Y
December 14, 2015
CERTIFIED MAIL: 70081300 0000 11241848
RETURN RECEIPT REQUESTED
Waters Edge Homeowners Association
Attn: Michael Mac and John Corkrum
2108 Capital Drive Suite 102
Wilmington, NC 28405
Subject: DENIAL of 401 Water Quality Certification
Waters Edge HOA Boat Dock Dredging Project, Hampstead
Dear Messrs. Mac and Corkrum:
S. JAY ZIMMERMAN
Mm mr
DWR f104-0337 v2
Fender County
On July 29, 2015, the Division of Water Resources (Division) received your CAMA application
dated July 23, 2015, requesting a 401 certification for new dredging at your docking facility.
Your project is located within an area classified as Outstanding Resource Water (ORW) and is
proposing to dredge submerged aquatic vegetation (SAV).
Pursuant to 15A NCAC 02H .0506, a certification shall be issued when the Director determines
that water quality standards are met. The project has not met the following requirements:
1. Title 15A NCAC 02B .0225(c)(2)
"Saltwater: Water quality conditions shall be maintained to protect the outstanding
resource values of waters classified ORW. Management strategies to protect resource,
values shall be developed on a site-specific'basis during the proceedings to classify
waters as ORW.' New development shall comply with the stormwater provisions as
specified in 15A NCAC 02H .1000. Specific stormwater management requirements for
saltwater ORWs are described in 15A NCAC'02H.1007. New non -discharge permits shall
meet reduced loading rates and increased buffer zones, to be determined on a case -by -
case basis. No dredge or fill activities shall be allowed if those' activities would result in a
reduction of the beds of submerged aquatic vegetation or a reduction of shellfish
producing habitat as defined in 15A NCAC 031.0101(b)(20)(A) and (8), except for
maintenance dredging, such as that required to maintain access to existing channels and
facilities located within the designated areas or maintenance dredging for activities such
as agriculture. A public hearing is mandatoryfor any proposed permits to discharge to
waters classified as ORW"
$WIC Of Nord) Carolina I Rnvitonmenlal Quality I Water Resources 1.101 R Rufer Permitting Unit
1617 Mail service Center I Raleigh, NotUl Cdroll a 27699-1617
919 707 9000

Waters Edge HOA Boat Dock Dredging Project
DWR # 04-0337 v2
401 WQC Denial
Page 2 of 3
2. Title 15A NCAC 02H .0506(b)
"The Director shall issue a certification upon determining that existing uses are not
removed or degraded by a discharge to classified surface waters for an activity which
(3) does not result in the degradation of groundwaters or surface waters;"
In your letter to the Division dated October 10, 2015, you state that you are aware of the
presence of SAV in the project area and that the project will not be in compliance with state
rules.
In accordance with 15A NCAC 02H .0507(e), your application for a 401 Water Quality
Certification is hereby denied.
This decision 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) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoall.com/ or by calling the
OAH Clerk's Office at [phone] for information. A petition is considered filed when the
original and one (1) copy along with any applicable OAH filing fee -is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official
state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
if sending via US Postal Service: if sending via delivery service (UPS, FedEx, etc)!
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) cop'y of the petition must also be served to the Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of, Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Waters Edge HOA Boat Dock Dredging Project
DWR.g 04-0337 v2
401 WQC Dental
Page 3 of
This completes the review of the Division under section 401 of the Clean Water Act and 15A
NCAC 02H .0500. Please be aware that you have no authorization under Section 401 of the
Clean Water Act for this activity and any work done within waters of the state would be a
violation of North Carolina General Statutes and Administrative Code.
Contact Joanne Steenhuis at 910.796.7306 or Joan ne.Steenhuis U)ncdenr.eov or Karen Higgins
at 919.807.6360 or [e-mail] if you have any questions or concerns.
Sincerely,
4=merma�n
Director, Division of Water Resources
cc: Adam Knierim — Maritech LLC, [e-mail] — electronic copy
Liz Hair — USACE—[e-mail] —electronic copy
Heather Coats —DCM Wilmington —electronic copy
Jason Dail — DCM Wilmington — electronic copy
Todd Bowers— EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
Joanne Steenhuis — DWR WiRO
File Copy
File name: 040337v2WatersEdgeMarina(Pender) Denlal.docx

a
Huggett, Doug
From: Hair, Sarah E SAW <[e-mail]>
Sent: Thursday, August 20, 2015 12:50 PM
To: Huggett, Doug; Steenhuis, Joanne; Dail, Jason
Subject: Waters Edge HOA (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
All:
We intend to process this under the GP 291 process. I understand that DCM has recommended denial for this proposal.
Corps Action ID: SAW-2003-00506
County: Fender
Project Name: Waters Edge HOA
I'll send the notice out shortly.
Thank you,
Liz Hair
Regulatory Project Manager
U.S. Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC28403
phone: [phone]
email: [e-mail]
"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 the Customer Satisfaction Survey located at: htto://regulatory.usacesurvev.com/"
Classification: UNCLASSIFIED
Caveats: NONE

M
Huggett, Doug
From:
Sent:
To:
Cc:
Subject:
Attachments:
Classification: UNCLASSIFIED
Caveats: NONE
Hair, Sarah E SAW <[e-mail]>
Thursday, August 20, 2015 5:29 PM
'[e-mail]'; '[e-mail]'; '[e-mail]';
'[e-mail]'; '[e-mail]'; 'Pete_Benjamin @fws.gov';
'[e-mail]'; '[e-mail]'; '[e-mail]';
[e-mail]'; Gledhill-earley, Renee; Horton, James T SAW;
'[e-mail]'; Steenhuis, Joanne; '[e-mail]';
'[e-mail]'; Owens, Jennifer L SAW; Arnette, Justin R SAW;
[e-mail]; Dail, Jason; Fritz
Crumbley, Tyler SAW
SAW-2003-00506/Waters Edge HOA/ dredging/CAMA MAJOR GP291 (UNCLASSIFIED)
CAMA application and bio report.pdf; plans.pdf; SAW-2003-00506Waters Edge POA
dredging ePN.pdf; Waters Edge HOA.kmz
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report
for the subject project. The attached notice requests federal agency comments on this project by Tuesday, September
22, 2015.
The applicant proposes to conduct new dredging at an existing private docking facility located at the southern
terminus of Great Oak Drive, adjacent to the AIWW (Topsail Sound) in Hampstead, Pender County, North Carolina.
Coordinates in Decimal Degrees are: 34.3444264 N-77.700639 W.
Previous Corps permits associated with this site include a Nationwide permit 18 (issued in 2003) for construction
of the subdivision development known as Deerfield at Waters Edge which included impacts associated with construction
of a bulkhead and 404 wetland fill for road access. According to the application, the CAMA permit was modified in May
2004 to include the construction of an 18-slip docking facility and again in December 2004 for additional lot fill. In
September 2008, the applicant proposed to perform new dredging in the location of slips 5-9 (northern most portion of
the project area). Based on the presence of and proposed impacts to submerged aquatic vegetation and comments
received in response to the Corps public notice, the applicant withdrew the proposal.
The project plans propose to perform new dredging around the docking facility along the AIWW. The proposal includes a
50-foot wide X 75-foot long X 4-foot deep cut along the southern dock, which includes slips 1-4 and a 50-foot wide X
100-foot long X 4-foot deep cut along the northern most dock (slips 5-9) with a final dredge depth of approximately -3.0
to -4.0 feet. Existing water depths within the project area around the docking facilities average around -1.0% relative to
normal low water (NLW). Approximately 8,750 square feet of shallow bottom habitat would be removed within the
project area, generating approximately 971 cubic yards of spoil material. The application indicates that the spoil material
is proposed to be disposed of on the US Army Corps of Engineers disposal Island DA 203. A consent agreement was not
provided with the application.
Please see the attached field investigation report and the application for more detailed information concerning
the proposed project. A copy of the applicant's permit application, plans, and a map of the project area are attached.

AZ-
AdditionalN, based on the attached map (kmz file), it appears that a portion of the docking facility is located within the
fede?al channel setback.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery
Conservation and Management Act. The Corps' initial determination is that the proposed project may adversely affect
EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service. This determination is based on the presence of submerged aquatic vegetation (SAV) and the
applicant's proposed removal of the SAV. The waters of the AIWW are designated SA-ORW by the Division of Water
Resources. Waters within the project area are NOT designated as PNA by the NC Division of Marine Fisheries and are
OPEN to the taking of shellfish. The presence of SAV's have been verified in this area. As indicated in the CAMA Field
Investigation Report, and based upon historical site information and a recent site visit in April 2015, SAVs are abundant
in the project area near slips 5-9 and 'spotty' around slips 1-4 of the docking facility. Water depths within the proposed
dredging area are about 1-foot, relative to Normal Low Water.
The Corps has reviewed the project area, examined all information provided by the applicant and consulted the
latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the
project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will
be required as a condition of this proposed action. The project will not affect any other species listed as threatened or
endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the
project area.
Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part
325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files
and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily
determined that the proposed project will have no effect on cultural resources and requests concurrence from the State
Historic Preservation Office.
Please contact me if you have any questions. Please provide comments as soon as you can or by Tuesday,
September 22, 2015.
Liz Hair
Regulatory Project Manager
U.S. Army Corps of Engineers -Wilmington District Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
phone:[phone]
email: [e-mail]
"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 the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/"
Classification: UNCLASSIFIED
Caveats: NONE

Hu]gett, Doug
From; Dail, Jason
Sent: Monday, August 03, 2015 10:41 AM
To: Huggett, Doug
Subject: FW: Waters Edge HOA - Permit
Attachments: Certified Tracking Batson 072915.pdf, Certified Tracking Norris 072915.pdf
Good morning Doug. I dislike sending notices to you this way and wish we could agree not to accept Majors as complete
until after we have received the signed certified mail receipts.... At any rate, you have an application package in house
for Waters Edge Home Owners Association (dredging project in SAV habitat) and these are the mail notices that
correspond with this project. Let me know if you need anything else.
Thanks,
Jason
Please visit www.nccoastaImanagement.net<http://www.nccoastaImanagement.net/> to subscribe to Coastal
Management's quarterly newsletter, the CAMAgram.
*Also, please note that e-mail correspondence to and from this address may be subject to the North Carolina Public
records Law and may be disclosed to third parties.*
From: Chris Blake fmailto:cblake(olcommunitysolutionse.coml
Sent: Friday, July 31, 2015 9:58 AM
To: Dail, Jason
Cc: Michael Mac (mikejmacllyagmail.com)
Subject: Waters Edge HOA - Permit
Good Morning Mr. Dail,

Please find attached the tracking for the certified letters that were sent to the adjacent property
Owners. On the tracking you can see that these were delivered on 07/10/15. Please let me know
if I need to send hard copies via the postal service.
Chris Blake - Partner
Community Solutions Southeast, LLC
2108 Capital Drive, Suite 102
Wilmington, NC 28405
910/799-9779 phone
910/799-9981fax
www.communiiysolutionse.com
'To see a world in a grain of sand and a
heaven in a wilt#7ower, hold infinity in
the palm gfyour hand and eternity in an
hour. " - William Blake
"Work like you don't need the money,
Love like you've never been hurt, &
Dance like no one's watching" — Kathy Matio
IM *''Ittly

0
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DCM Coordinator: % Permit #:
MAILING DISTRIBUTION SHEET
Permitrr! �IZp52 S"� 6,, C¢rf /hc�i /A ,11n
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington ✓
US ACOE Offices:
Washington:
Wilmington:
Cultural Resources:
Public Water Supply:
DCM/
Fisheries Specialist
NC DOT:
DMF/
Shellfish Sanitation:
State Property:
Water Resources:
Washington:
Wilmington:
DEMLR
Washington:
Wilmington:
Wildlife Resources:
LPO:
Adaln Kn er' fn
IOSr C`(de, pr, 2 Sryy3
(wmps�-// SIC
with revised work plan drawings)
Raleigh Bland
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Tyler Crumbley
Liz Hare
Renee Gledhill -Early`
Diane Williams (WIRO)
Joey White (WARD)
Shane Staples, /
Gregg Bodnar✓
Ken Pace t/
Patti Fowler
Shannon Jenkins
Tim Walton
Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Anthony Scarbraugh-401
Joanne Steenhuis — 401
Chad Coburn - 401t/
Scott Vinson-Stormwater
Georgette Scott- Stormwater
Maria Dunn
Fax Distribution: Permitee
Agent #:.

RECEIVED
DGM WILMINGTON, NO
JUL t 0 2015
f
i

I
RECEIVED !
DCM WILMINGTON, NC
Jul- 1 0 2015

P-4-
North Carolina Department of Environmental Quality
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 29, 2015 RECEIVED
Water's Edge Homeowners Association OCT 0 5 2015
c/o Messrs. Michael Mae & John Corkrum D C M- M H D 2106 Capital Drive, Suite 102 CITY
Wilmington, NC 28443
Dear Messrs. Mac & Corkrum,
This letter is with reference to your application for a Coastal Area Management Act Major
Development to undertake development activities at your property adjacent to the AIW W and
between Lots 2 & 3 in Water's Edge Subdivision, in Hampstead, Pender County.
Although processing of the application is nearing completion, additional time is needed for this
office to complete the review and make a decision on your request. Therefore, it is necessary
that the standard review time be extended. An additional 75 days is provided by G.S. 113A-
122(c) which would make December 8, 2015, the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as possible.
In the interim, if you have any question on the status of your application, do not hesitate to
contact me by phone [phone] or e-mail at: [e-mail].
Sincerely,
Heather Coats
Assistant Major Permits Coordinator
cc: Wilmington Files
Morehead City Files
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] Internet: www.nodenr.gov
An Equal Opportunity 1 Affirmalive Adon Employer - Made in part by recycled paper

&CHID-ILY MAIL,x 1
Community Solutions Southeast, LLC
2108 Capital Drive, Ste 102
Wilmington, NC 28405 111111111111111111111111111111
7013 1090 0000 6103 9493
Heather Coats
NC Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
�gSFS "OSr'fo
7 wrier Bowes
02 IF $ 006.735
0001776008 OCT 10 2015
MAILED FROM ZIP CODE 28405
26405$5406 c0-?_ if11(„111111if, h!!i!!l1lllIII I'jl1 fill 111!!i1(iq

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Waters Edge Homeowners Association, Inc.
2108 Capital Drive Suite 102
Wilmington, NC 28405
Saturday, October 10, 2015
Karen Higgins
North Carolina Dept. of Environmental Quality
Division of Water Resources —401 &Buffer Permitting Unit
1647 Mail Service Center
Raleigh, NC 27699-1617
Dear Ms. Higgins,
40 copy
The Waters Edge HOA is aware of the presence of submerged aquatic vegetation (SAV) in the
area of our docking facility and thus in the proposed dredging project. We have been working
with Jason Dail, DCM-Wilmington, to have Fisheries Division personnel do a survey and they
have also ascertained the presence of SAV in the proposed permit area. We do not refute this,
and are aware that this project would not be in compliance with Title 1SA NCAC 02H .0502 (e).
We hope this can spare us the expense of a formal SAV survey.
Our understanding is that this permit will have to be denied by the permitting Agencies due to
the SAV presence and we will have to appeal to the North Carolina Coastal Resources
Commission for a variance. Please let me know if you need additional information.
Thank You,
Michael Mac and John Corkrum for the Waters Edge HOA
CC.
Heather Coats, DCM Wilmington
Jason Dail, DCM Wilmington
Liz Hair, USACE
DECEIVED
0CM WILMINGTON, NC
OCT 14 203

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Ap DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
3.
53
F1
APPLICANT'S NAME: Waters Edge Homeowners Association C/o Mike Mac
LOCATION OF PROJECT SITE: Site is located at the southern terminus of Great Oaks Drive, in
Hampstead, Fender County.
Photo Index — 2006: 26-6638, S-T 16 2000: 26-336/A-D 8-9, E 9-11 1995: 26-319/H-N 17-18, 018 -19
State Plane Coordinates - X: 2392028 Y: 219169 GPS File: 0-021720A
Lat:34°20'39.35"N Long:77°42'02.30"W
INVESTIGATION TYPE: CAMA/Dredge and Fill
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 4/20115, 4/28/15 and 6/18/15
Was Applicant Present — Yes, No and No
PROCESSING PROCEDURE: Application Received — 7/10/15
Office -Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan— Pender County
Land Classification From LUP — Residential, Resource Protection and Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing- Septic
Planned- N/A
(F) Type of Structures: Existing- Single family residences, bulkheads and 18-slip docking facility.
Planned- Dredge around both waterway docking facilities.
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (§404)
(B) Non -Vegetated Wetlands (Open Water)
*Subject area contains Submerged
Aqautic Vegetation (SAV) habitat
8,750 sq. ft.
(C) Other - Highground disturbance
�
90,000 sq. ft.
(D) Total Area Disturbed: 98,750 sq. ft. (2.26 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes (adjacent AIWW — Mill Creek Closed)
PROJECT SUMMARY: The applicant proposes to dredge around the existing docking facilities located
along the AIWW.
RECEIVED
JUL 2 91015
Rr-Hi Mfu uti

WatOffige Homeowners Association
Page 2
9. PROJECT DESCRIPTION
The project site is located at the southern end of Great Oak Drive in the Deerfield Subdivision in Hampstead,
Pender County. The new development, which is the subject of this permit application, surrounds the docking
facilities located within/adjacent to the AIWW (slips 1-9).
To locate the project site from Wilmington, take US Hwy 17 north to Hampstead. Approximately 0.5 miles
south of the Hwy 210 and US Hwy 17 intersection turn right onto Headwaters Drive. Continue along
Headwaters Drive and take a left onto Overlook Drive. From there, take your next right onto Creekview Drive E
and continue until the road ends. At the terminus, turn right onto Great Oaks Drive and the property will be
located along the left hand side of the road at the very end.
Existing development on the property includes: single-family residences, bulkheads, subdivision infrastructure
and an eighteen slip community docking facility (consisting of four access pier and docks).
The property is fairly flat with average elevations of approximately 5 feet. The property consists of
approximately 19.95 acres with most of the tract having been cleared and developed. The periphery of the site
adjacent to the water is well vegetated. The wetland delineation shows that the majority of the wetlands on the
site are adjacent to Mill Creek and the Intracoastal waterway. Vegetation at the project site includes: a small
silviculture stand of Pine trees (Pinus sp.) in addition to this American Holly (Ilex opaca), Live Oak (Quercus
virginiana ), Sweet bay (Magnolia virginiana), Hickory (Carya sp.), Yaupon (Ilex vomitoria), Japanese
Honeysuckle (Lonicera japonica) and Cat briars (Smilax sp.). Along the coastal wetland border of the property
the vegetation includes more salt tolerant species such as: Saltmarsh Cordgrass (Spartina a/temiflora), Black -
needle rush (Juncus roemeranus), Spike grass (Disticlus spicata) and Cat tails (Typha sp.). A Coastal
Wetland and a 404/401 Wetland delineation has been conducted for the property. The 404 Wetland line has
been approved by the US Army Corps of Engineers.
The waters adjacent to the project are classified "SA-ORW" by the Division of Water Quality. The area within
Mill Creek is designated as a Permanent Secondary Nursery Area by the Division of Marine Fisheries;
however, the waters bordering the AIWW are not (surrounding the existing AIWW docking facilities). The
waters of the AIWW are OPEN to the harvesting of shellfish.
Pender County's Land Use Plan (LUP) classifies the upland areas as limited transition and all other areas as
Conservation, however, the Land Use Plan includes all Areas of Environmental Concern (AEC) as well as the
404 wetlands in the Conservation class.
The subdivision has a history of CAMA/COE permitting that spans back to 2003 (CAMA permits). Specifically,
on May 27, 2003, a CAMA major development permit (#68-03) was issued to Jimmy's Island, LLC for the
development of a subdivision known as "Waters Edge at Deerfield". The permit authorized development of a
subdivision to include only those land disturbing activities associated with establishment of the subdivision. In
addition, the permit authorized the installation of a bulkhead along the property's shoreline.
On May 25, 2004, the permit was modified (major permit modification) to allow for the construction of an
eighteen (18) slip docking facility, part of which was to be constructed along the headwaters of Mill Creek (slips
10-18) and the remaining portion to be located within the AIWW (slips 1-9). Based on information presented in
the major modification request, water depths surrounding the AIWW dock ranged from -1.91' to -3.92' relative
to NGVD '29. No calculations were provided to depict the water depths at either area based on "normal low
water".
CAMA major permit No 68-03 was again modified (minor permit modification) on December 21, 2004, to allow
for the filling of additional "404" type wetlands on one of the lots within the subdivision. This permit expired on
December 31, 2006. RECEIVED
JUL 2 910E
wo A�µy

Waters Edge Homeowners Association
Page 2
On September 8, 2008, Waters Edge Homeowners Association applied for a CAMA Major permit to perform
new dredging in the location of slips 5-9. Slips 5-9 are the northern most slips located along the AIWW, and
consist of an access pier, a 7-head" shaped platform and three (3) finger piers. At the time of submission,
water depths surrounding the docking facility ranged from approximately -0.5' to —1.5' at Normal Low Water
(NLW). According to the field investigation report prepared by Heather Coats (field representative for the
Division of Coastal Management) on September 11, 2008, Ms. Coats states: "Submerged aquatic vegetation
(SAV) is present within the boatslips and therefore dredging would impact SAV and SAV habitat". The
application was circulated and reviewed by numerous resource agencies and comments supporting the
planned development were unfavorable due to the project's impacts on SAV and SAV habitat. As a result, the
applicant withdrew the permit package and no further action was taken.
It should be noted SAV is still present and flourishing in/around the existing docking facilities located along the
AIWW. Existing conditions, as observed on April 28, 2015, by fisheries resource specialist Shane Staples and
DCM field staff, revealed that SAV encompasses the vast majority of the docking facility comprising slips 5-9
and spotty vegetation exists around the docking facility comprising slips 1-4. Although an actual SAV survey
has not been performed, a rudimentary sketch of where SAV is present is included in the application package.
This depiction was made possible by DCM/DMF staff, and was based on conditions as they existed on April
28, 2015 and June 18, 2015 (second visit by DCM staff).
The following describes the applicant's intent to further pursue new dredging in the area not only surrounding
slips 5-9, but also from the area surrounding slips 1-4.
PROPOSED PROJECT
According to the project narrative and application package, the applicant is proposing to perform new dredging
around the existing docking facilities located along the AIWW. As designed, a 50'(w) x 75'(I) x-4.0'(d) cut
would be made along the southern dock comprising slips 1-4 and a 50' (w) x 100' (1) x -4.0' (d) cut would be
made around the northern most dock comprising slips 5-9. As stated in the application package, existing water
depths average -1.0' around each of the docking facilities, relative to normal low water (NLW). As proposed,
spoil material generated from the proposed project would be disposed of on the USACE's disposal island DA
203; however, as of today, no consent agreement has been provided to DCM (from neither the USACE nor the
applicant) allowing deposition of spoil material at this site, as it relates to this particular project. The area to be
excavated is primarily located within the footprint of Slips 1-9; however, there is an overcut proposed that
extends beyond the footprint of the existing docks, primarily along the waterway side of the facilities. As
previously mentioned, final projects depth would increase the vertical water column in these areas from roughly
-1.0' to —4' at NLW, sloping towards the AIWW. As designed, approximately 971 cubic yards of material would
be excavated using a barge mounted excavator.
10. ANTICIPATED IMPACTS
The proposed excavation would disturb approximately 8,750 ft.z of shallow bottom area. In addition, dredging
activities would result in the removal of submerged aquatic vegetation (SAV) and impact SAV habitat. The high
ground disposal would result in approximately 90,000 square feet of land disturbance. The amount of actual
SAV and SAV habitat eliminated as a result of the project is unknown at this time.
Submitted by: Jason Dail Date: July 15, 2015 Office: Wilmington
RECEIVED
JUL 2 9 2015
OtW&I*

Project Narrative
The permit is being requested to dredge out two areas used for boat docks by the Waters Edge
Homeowners Association. The goal is to restore the original depth of water at the docks when
the marina area was original built (see figure 1.), under permit 68-03. Two separate boat dock
areas are to be dredged (see figure 2.,), one with 4 boat slips (southernmost dock, photo 1) and
one with 5 boat slips (northernmost photo 2). The docks are attached to land through a pier
structure Approximately 3 ft. of material needs to be removed to restore the original depth of -
3 to -4 feet. Approximately 971 cu. yds. of material will need to be removed, 555 from the
northern dock, 416 from the southern dock, and placed in the state disposal site at Topsail
Creek.
Since the area has received depositional sediments creating shallower water depths,
submerged aquatic vegetation has colonized the northernmost end of the dock structure.
Some of this SAV would be destroyed in the dredging process. These depositional sediments
could be shoaling due to the lack of dredging by the Corps of Engineers non the ICW W.
RECEIVED
DCM WILMINGTON, NC
JUL 1 0 2015
RECEIVED
JUL 2 91015
"W"e"

-o'
MAJOR PERMIT FEE SCHEDULE
Waters Edge HOA / $400 / Pender County
k
DCM %
DWQ %
Development Ta
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100%
$400
0%
$0
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 Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
III(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
3490 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400 j
60%
$240
40%
$160
III(D). If General Water Quality Certification No.
3490 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
and/or open water areas:
$475
60%
$285
40%
$190
RECEIVED
JUL 2 9 2015
fM4`4*1 W1;"

DENR CAMA DailyCheck Log for WIRO
Date
Received
Deposi
led I Check From (Name)
Name of Pei Holder Vendor
Check
Number
check
amount Permit Number/Comments
RefundlReellomted
5/28/2015 5128/15. Beverly M. Naylor ILarry
_5/28/2015 Carolina Marine Dredging Inc _ -
5/28/2015 Larry Rice Construction _
Y
5/29/2015 Forest b the Sea HOA Inc— _ —
5/29/2015 .Mark Armstrartg _
5/2912015 Allied Madne Contractors, LLC
5/29/2015 Thad N. and Edn M Cable jsame
5292015 Senler Home Builders Neil
6/1/2015 Walisilincia
6/1/2015 Northern Riverfront Marine and Hotel, LLLP
6/1 /2015 Qtyof Wilmington _ _ _ _
6/1/2015 High Tides II Inc _ _
6/2/2015 Inlet Watch Yacht Club, Inc
6/2/2015 Allied Madne Contractors, LLC
_ 6/3/2015 Alton L. and Sher D. Jenkins (same
6/3/2015. _Alton L. and Sherry D. Jenkins
Naylor _ _ _ I NC State Employees' Cretld Unio 2073 $100. minor fee, SC 15-14. Chi _
Tacky Hancock _ _ First Bank 1094 s200. GP W52D
Ricciardi - - BB. BB &T 2243 $100 0 minor fee, NTB 15-16, Pni
11070 $10 0 renewal fee, MP 53-11
same __ Wells Fargo Bank W70 $10 0-,,renewal fee, MP 5311
EPC Holdings 846 LLC -B of A 2005, $4 00 GP 65149D @$200
James McGhee — rB of A— _ Bank
GP 63278D @$200 _
N_C State Employees' Credit Unio 2937 0,00 GP 63279D _
__
and HeaUer Senter _ Wells Fargo Bank _ _ _ 1471 0 GP 64632D
Park Sterling_ Bank 1536 0.00, major fee, Ham _
City Manna of Wilmington, LLC PNC Bank � 3657 $100 00 mod fee, MP 4IP 1
same B of A _ �_ 3_ i 9610 $100 00 renewal fee, MP 10-12
Johnny and Susan Sides B of A _ _ 1903i $100.00 minor fee, #8 Osprey, NTB Ons.co i
same BB &T - - 15638 $100,00 renewal fee, MP 12-06
Kevin Finger B of A 2036 $200.00 returned to contractor per Jason Dail
B of A 1395 $200.00 GP 64661D @$600
same B of A 1396 $400,00 see above entry
D
m
0
gai,

3
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Donald R. van der Vaart
Secretary
July 23, 2015
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice Combo:
• James Cook /Brunswick County
• Waters Edge HOA /Pender County
Kyle & Heather: Please publish the attached Notice in the Saturday, July 25, 2015 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 Shaun Simpson at the NC Divison of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card
(number on file with Elsa Lawrence, Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Aj.c.�r t�.
4�
Shaun K. Simpson
Permitting Support & Customer Assistance
Division of Coastal Management
cc: WiRO; Doug Huggett - MHC DCM RECEIVED
Michele Walker- DCM
Tyler Crumbley - USACE JUL 2 9 2015
W404 rw �
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal OppoOunity 1 Affinnalive Action Employer

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for development permits to expand existing
docking facilities adjacent to the AIWW, in Areas of Environmental Concern as designated under the CAMA:
On July 9, 2015, James Cook at 198 Yacht Watch Dr., Holden Beach, Brunswick Co; and on July 10, 2015,
Waters Edge HOA at the southern terminus of Great Oak Dr., in Hampstead, Pender County. Copies of
these applications can be examined or copied at the offices of Holley Snider (BR Co.) or Jason Dail (PN Co.),
N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext.,
Wilmington, NC 28405, (910-796-7215) 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 August 15, 2015 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.
RECEIVED
JUL 2 91016
06.0440W 00*

��
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 22, 2015
Maritech, LLC
C/o Adam Knierim
108 Circle Drive
Hampstead, NC 28443
Dear Mr. Knierim:
The Division of Coastal Management hereby acknowledges that on July 10, 2015, we received your completed
application (with exception of the signed certified mail receipts), acting as agent for Waters Edge Homeowners
Association, whereby you are requesting State approval for the development of property located at the southern end
of Great Oaks Drive, adjacent to the Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County. The
projected deadline for making a decision on your permit application is September 24, 2015. 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 July 10, 2015, 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,
on Dail
Id Representative
cc: Doug Huggett, DCM
Tyler Crumbley, USACOE
Michael Mac, 2108 Capital Drive Suite 102, Wilmington, NC 28405
127 Cardinal Drive EA. Wilmington, NC 28405
Phone: [phone] Rk 91"95-3964 Internet: wwwmccoastalmanagementnet
An Equal Oppommity 1 A1AnnaNe Action Employer

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APPLICANT:
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Extension
IN mington, NC 28405
Jason Dail, Field Representative
910-796-7221
Adam Knierim
0

Waters Edge HOA
2108 Capital Drive, Ste 102
Wilmington, NC 28405
Professionally Managed by:
Community Solutions Southeast, LLC.
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Hollie Batson
110 Captains Cove
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0001776008 JUL 08 2015
MAILED FROM ZIP CODE 28405

Waters Edge HOA
2108 Capital Drive, Ste 102
Wilmington, NC 28405
Professionally Managed by: 7013 1090 0000 6104 7429
Community Solutions Southeast, LLC.
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0001776008 JUL 08 2015
MAILED FROM ZIP CODE 28405

I�
GRIA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart Secretary
Governor
June 3, 2015
SENT VIA EMAIL — [e-mail]
Waters Edge Homeowners Association
C/o Michael Mac and John Corkrum
2108 Capital Drive, Suite 102
Wilmington, INC 28405
RE: CAMA Major Development Permit Application
Waters Edge Homeowners Association
Dear Mr. Mac:
The Division of Coastal Management hereby acknowledges receipt of your application on June 1, 2015,
acting on behalf of the Homeowners of Waters Edge, for dredging activities around the existing docking facility
located between Lots 2 and 3, at the intersection of Waters Edge Road and Great Oak Drive, in the Waters
Edge Subdivision, Hampstead, Pender County. Based on the information you provided, your application
package lacks information necessary to complete processing. The attached checklist indicates the deficiencies
of your application. If you respond within three working days from the date of this fax or E-mail, or within five
days from the receipt of this letter with the required additional information, processing of your application will
promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your
application will not be accepted as complete for processing. Additional information may be required pending
further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your
application.
If you have any questions concerning this matter, please call me at my Wilmington Office at [phone].
Sincerely,
son Dail
ield Representative
cc: Debbie Wilson, DCM-Wilmington
Doug Huggett, DCM Morehead City
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

3
ADDITIONAL INFORMATION REQUESTED
1) Please provide amended and/or updated WORKPLAN DRAWINGS pursuant to 15A NCAC 07J.0203
PREPARATION OF WORK PLATS. All drawings shall include a top view of the project area, cross
sectional view, as well as a location map (vicinity map).. Each drawing shall have a standard North
arrow, must depict the applicant's name, date and shall be numbered. Plans shall be accurately drawn
to scale at 1"=200' or -less. The work plans provided shall be current and show all existing development
as well as all proposed development. In this case, the dredge footprint shall be defined on the plans. In
addition, the location of all submerged aquatic vegetation (SAV) within the project area shall be shown
on the plans. You may show a general footprint depicting the location of SAVs.
2) Please provide the signed certified mail receipts ("green cards") that were sent to the adjacent riparian
property owners.
3) Please provide a letter from the U.S. Army Corp of Engineers allowing the deposition of spoil material
on and/or at the proposed disposal area (COE disposal site DA-203).
4) Please provide a site plan of the disposal area showing the limits of disturbance resulting from the
project, as well as the location of the normal high, water boundary and any wetlands. All information
provided on the drawing shall be consistent with the information outlined in Number 1) of this additional
information document: `
5) Based on information provided by the US Army Corp of Engineers, a portion of the existing docking
facility is located within the Corps 100' channel setback. Any plans provided should reference this
encroachment and the setback line (measured 100' from the edge of the channel) shall be, depicted on
the site plan(s).
6) The site plans that were provided show "proposed" development including piers, decks, ramps, docks
and lifts. These features should be. shown as "existing".

Dail, Jason
From: Dail, Jason
Sent: Wednesday, June 03, 2015 10:19 AM
To:'[e-mail]'
Subject: Waters Edge CAMA MAjor Permit Application - Additional Information Requested.
Attachments: WatersEdge.Jun.15.doc
Mr Mac and/or Mr. Corkrum:
Please find attached a request for additional information related to the recent submission of a CAMA Major
Development Permit for dredging activities around the Waters Edge community docking facility. If you have any
questions about the information being requested, please feel free to give me a call at the number below.
Thank you,
Jason Dail
to subscribe to Coastal
Management's quarterly newsletter, the CAMAgram.
*Also, please note that e-mail correspondence to and from this address may be subject to the North Carolina Public
records Law and may be disclosed to third parties.*

r
NC Division of Coastal Management r AEC; AIWW
Major Permit Application Computer Sheet r L Fee: $400/#%536
CDAITS
Applicant: Waters Edge HOA
Agent/Contractor: Mar/tech, LLC c/o Adam Kn/erlm
Project Site County: pander
Staff: Dell
District: Wilmington
Project Name: Waters Edge HOA slip dredging
Rover File:
River Basin:
Initial date of application submittal: 6.1.15
Date application "received as complete" in the Field office: 7.10.15
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes No I PNA: Yes No
Photos Taken: Ye
Setback Required (riparian): Yes
o
Critics Habitat: ❑Yes ❑No of Sure
15 foot waiver obtained: ❑Yes No
Hazard otification Returned:
❑Yes No
SAWYes No Not Sure
Shell Bottom: ❑Yes ❑No Not
Temporary Impacts: es No
Sure
Sandbags: Yes No Not Sure
Did the land use lassificajipn come
from county LU�YesL3�eyl_o
Mitigatt�equired (optional):
❑Yes o
Moratorium Conditions:
Environ ental Assessment Done:
Length of Shoreline:
es ❑No ❑NA
❑Yes ANo ❑NA
41%0r FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
pen r- Closed
IF
2 2
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
Swamp Waters (SW)
High Quality Waters (HQW)
❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (4D4) Corp. of Engineers (Jurisdictional
0 (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
El (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
(Sy) Salt reed grass (Spartina
alternifiora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
11 (TY) Cattail (Typha sp.)
spicata)
SO
OR) Black needlerush (Juncus
U (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
LJ No fee required - $0.00
III(A) Private w/ D&F up l0 1 acre; 3490El
III(D) Priv, public or comm w/ D&F to 1
can be applied - $260
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
El III(B) Public or commercial wl D&F l0 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
LJ Major development extension request -
II. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $260
II(C) Priv. public or comm w /D&F to 1
eac
e; 3490 can be applied; DCM needs
DWQ agreement - $400

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JUL 1 0 2015 I