109-22 Whitely, Daniel & Katherine

......................
Permit Class Permit Number
NEW 109-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
'Prrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Daniel and Katherine Whitley, 108 Elizabeth Way Court Swansboro, NC 28584
Authorizing development in Onslow County adj to Foster Creek at 108 Elizabeth Way Ct.,
in Swansboro , as requested in the permittee's application dated 6/20/22 (MP -I) and 5/10/22
(MP 2) including attached workplan drawings -2) Sheet 1 of 2 dtd 3/9/22 and Sheet 2 of 2 dtd "Rev 6/24/22".
This permit, issued on October 10, 2022 1 is subject to compliance with the application (where
cnne;stent with the nermit). all anDlicable regulations, special conditions and notes set forth below. Any violation
if these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe nun ana voia.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation or fil=bepermi
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
2) No excavation shall take place outside of the area indicated on the workplan drawings.
3) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
October 10, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signeo by me aumonry or me aeoraaly u. —,z �,� ".� �••�••
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Daniel and Katherine Whitley Permit No. 109-22
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.
6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Dredge Material Disposal
7) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
8) The permittee is advised that no dredge material shall be placed within the U.S. Army Corps of Engineers
AIWW easement.
9) No dredge material shall be placed within 30 feet of the normal high-water line.
10) All excavated materials shall be confined above normal 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. The barriers shall be maintained and functional until the
site is graded and stabilized.
11) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and'that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed.
Maintenance Clause
12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work 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
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.

Daniel and Katherine Whitley
ADDITIONAL CONDITIONS
USACE Conditions
Permit No.109-22
Page 3 of 3
13) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.2ov/rateigh/ndfs/ManateeGuidelines20l7.Rdf.
Sedimentation and Erosion Control
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
16) 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.
17) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-01603).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005115 and assigned the project DWR Project No. 2022-0992.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: 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.

DIVISION OF COASTAL MANAGEMENT
Application Processing Notes
0(1
Applicant: _
Type: (Check all that apply)
New _ v Major Mod _ Permit# _ Minor Mod _ __ _ Renewal _ Transfer
Permit Coordinator: _ _—
Field Representative: _ Wkf, —
Date Time
1IXIxa�
JiA
G��gltiti ou�� nv�w �+
cw
Message
WV 6,
CZ6AWR+s

DCM Coordinator: v Permit #:
MAH.ING DISTRIBUTION SHEET
Permittee: 1oh;6 (
Gq-. Sc..c�sA�
Agents: do.ie ("", cy„, ,® 1,040, 0", ZgS��f
DCM Field Offices
Elizabeth City
Washington (with revised work plan drawings)
oreheadCity
lu/ Wilmington (OBJECTIONS )
US ACOE Offices:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington:
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Wilmington:
Wildlife Resources:
Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger — 401
TBD - 401
Clif Whitfield (WARD)
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stonmwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Natural Heritage Program Rodney Butler
� L r I
LPO: iD0A !� ! NW(Ji60n7
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Daniel Whitley III COUNTY: Onslow
PROJECT NAME: Whitley boat basin & access channel
LOCATION OF PROJECT: 108 Elizabeth Way Court, Swansboro
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-26-22
FIELD RECOMMENDATION: Attached: Yes
FIELD REPRESENTATIVE: Weychert
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 7/28/2022
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 9-9-22
HOLDS:
EMAIL OUT DATE: 7-20-22
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: Choose an item.
DISTRICT OFFICE: MHC
FEE REC'D: 400H Click or tap here to enter text.
END OF NOTICE DATE: 7/28/2022
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: ClicW9/1-1,1r2r a date.
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM —Field Rep
7 // 12_
rj c( t �t5gt
cr
DCM — LUP Consistency Determination
q �/h Z,
Local Permit Officer
7,3 ZZ
!`
Corps of Engineers— Regulatory Branch
71ZZ_
.
l�.�Lr
DWR-401 Section
W74 7,
?V>Z.y-ON 2 0
DWR— Public Water Supply
yZ 42-
DEMLR — Stormwater
DEMLR— Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF — Shellfish Section
0
DMF — Habitat & Enhancement
DNCR — Archives & History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
�3
S

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
DATE: July 11, 2022
TO: Gregg Bodnar
THRU: Heather Styron
FROM: Curt Weychert
NORTH CAROLINA
EnvironmenfdQuatlly
MEMORANDUM
SUBJECT: Comments and Recommendations - Whitley Boat Basin & Access Channel
The following is my assessment and consequent recommendations of the above
referenced proposal: This proposal involves the new dredging within Foster Creek,
Swansboro, Onslow, County. The development conforms to the guidelines set forth
under 15A NCAC 07H .0208. The waters of Foster Creek are closed to shellfish
harvest, not located within a PNA, and are classified as SC waters. Assuming that
state and federal agencies concur with the proposal, the District recommends the
project be authorized as proposed, contingent upon the following conditions:
All development shall be constructed as shown on plats and application accepted as
complete by DCM on June 26, 2022.
• Besides standard conditions, it is recommended to include any moratorium suggested by the
appropriate resource agencies.
ma. 7�FQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Offlce 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.515.5400

ROY COOPER
Govemor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 20, 2022
NORTH CAROLINA
Environmenta/Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg bodnar(a)NCDENRgov
SUBJECT: CAMA Maior Permit Application Review
Applicant: Daniel Whitley III
Project Location: 108 Elizabeth Way Ct. Swansboro, Onslow County
Proposed Project: New dredging for private boat basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 10, 2022. If you have any
questions regarding the proposed project, contact Curt Weychert 252-515-5413
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
Mark Brown
Public Water Supply
/l`21A 9.
7/21/22
RIEEC I'd9 D
J U L 2 2 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
oy.ewmr,.w.nuou,�
251808.2808

Bodnar, Gre
From:
Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent:
Tuesday, July 26, 2022 6:23 PM
To:
[e-mail]; [e-mail], [e-mail];
[e-mail]; Horton, James Todd CIV USARMY CESAW (USA); Arnette,
Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; ethan
coble, fritz.rohde; [e-mail]; Bodnar, Gregg; Twyla Cheatwood;
Ellis, John; Perry, John M; Wojoski, Paul A; Howell, Jonathan; Weychert, Curtis R; Bertram,
Paul 1 BOSN3; Posey, Ward B CIV; Tranter, Kent W CIV USARMY CESAW (USA)
Cc:
Charles, Thomas P CIV USARMY CESAW (USA)
Subject:
[External] [WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR/GP 291/
SAW-2022-01603/ Whitley dredging/ 108 Elizabeth Way Court/ Onslow
Attachments:
SAW-2022-01603 108 Elizabeth Way Whitley dredging ePN.pdf, App, Narrative,
Deed.pdf; Field Report.pdf, Plans.pdf; GoogleEarth_Placemark.kmz
CAUTION: External email.
Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
All,
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management
(NCDCM) has forwarded to our office a copy of a CAMA permit request, Field Investigation Report and Bio Report for the
subject project. The attached notice requests federal agency comments on this project by August 25, 2022.
The applicant proposes to conduct new dredging in waters of Foster Creek, for the purpose of creating a boat basin and
access channel to service an existing docking facility associated with a residential subdivision known as Elizabeth's Way,
in Swansboro, Onslow County, North Carolina.
Specifically, the applicant proposes to excavate a maneuvering and docking area (basin) and an access channel to
connect to deeper waters at the mouth of Foster Creek. The applicant proposes to excavate areas around an existing
docking facility (boatlift areas and area directly in front of the boatlifts-south of boatlift). The proposed dredge method
is bucket to barge. The proposed access channel would be 16' wide X-866' long with a final depth of -2' NLW. Average
water depths within the proposed access channel are currently -1' NLW. The proposed basin would be 1' to 50' wide
(refer to proposed plans for details) X 54' long with a final depth of -2' NLW. Average water depths within the proposed
basin area are currently -0.4'NLW. The proposed final depth for the entre project area would be -2.0' NLW with a
connecting water depth of -2' NLW. A total of 660.39 cubic yards of material would be removed below nhw within an
18,600 ft' area. According to the application, the spoils would be transferred into lined trucks and would not damage
any existing marsh. The spoils would be taken offsite by the contractor to a pre -approved spoil disposal site. A disposal
site was not identified in the application.
Please see attached application, bio report dated July 7, 2022, project narrative and plans for details, and the attached
kmz file for location reference.
EFH:
This notice serves to initiate 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 affect, but not
likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service. Impacts would be temporary in nature and would be limited to
sedimentation and turbidity during dredging activity. The waters within the project area are NOT designated as PNA,

From: Hair. Sarah E CIV USAIRMY CESAW fUSQ
To: Bodnar. Grean; Weyrhert. Curbs R
Subject: (External] FW: CAMA MAJOR/GP 291/ SAW-2022-01603/ Whitley dredging/ 108 Elizabeth Way Court/ Onslow
Date: Thursday, July 28, 2022 11:54:36 AM
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam
Hi guys,
See comments from Navigation Branch below and attached map for reference.
Liz
From: Arnette, Justin R CIV USARMY CESAW (USA)<[e-mail]>
Sent: Wednesday, July 27, 2022 7:01 AM
To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hai [e-mail]>; Tranter, Kent W CIV
USARMY CESAW (USA) <[e-mail]>
Cc: Horton, James Todd CIV USARMY CESAW (USA) <[e-mail]>
Subject: RE: LAMA MAJOR/GP 291/ SAW-2022-01603/ Whitley dredging/ 108 Elizabeth Way Court/
Onslow
Liz,
Due to the distance from the federal channel we do not have any comments on this project,
however it should be noted that they cannot place material within the government easement.
There are a couple placement areas near the project location and since a placement area was not
identified I want to ensure that they do not plan to use the easement for disposing of dredged
material. I have attached an image of the easement, the orange area is off limits.
Kent,
This project should not impact the federal project provided they do not place any material within the
easement.
Thanks.
Justin
Justin Arnette
Team Lead Cartographer
Landuse Coordinator
Wilmington District
U.S. Army Corps of Engineers
910-251-4196
justin.r.arn tt (cDrsa .army mil

From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah,E.Ha'r usace army mil>
Sent: Tuesday, July 26, 2022 6:23 PM
To: kathnP_natthews(@fwc_.gov; I pigh_MannPfws gov; pace wilber(@noaa gov;
PeteeBeniaminPfws eov; Horton, James Todd CIV USARMY CESAW (USA)
<James.T.Hortonna usace army mil>; Annette, Justin R CIV USARMY CESAW (USA)
<Justin,R.ArnettePusace army mil>; Environmental Review(@ncdcr gov; Bowers, Todd
<bowers.todd(@eoa gov>; ethan coble <Ethan.J.Coble(@uscg mil>; Fritz Rohde - NOAA Federal
<fritz.rohde(anoaa eov>; ma h w.k. r Iman (@i cg mil; gregg bodner
<grregg bodnarPncdenr eov>; Twyla Cheatwood <Twyla.Cheatwood(@noaa.gov>; John
<johnmellis�>; Perry, John M <John�Perrvin7ncdenr gov>; Wojoski, Paul A
<Paul.Woioski(@ncdenr gov>; Howell, Jonathan 2jonathan howell(@ncd nr gov>; Weychert, Curtis R
< .w ychert9ncdenr.gov>; Bertram, Paul J BOSN3 <PaulJ.Bertram @uscg mil>; Posey, Ward B
CIV <Ward.B.Posey(ftscg.mil>; Tranter, Kent W CIV USARMY CESAW (USA)
<Kent.TrantprPusace army mil>
Cc: Charles, Thomas P CIV USARMY CESAW (USA) <thomas o harl s(@a army mil>
Subject: CAMA MAJOR/GP 291/ SAW-2022-01603/ Whitley dredging/ 108 Elizabeth Way Court/
Onslow
All,
Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal
Management (NCDCM) has forwarded to our office a copy of a CAMA permit request, Field
Investigation Report and Bio Report for the subject project. The attached notice requests federal
agency comments on this project by August 25, 2022.
The applicant proposes to conduct new dredging in waters of Foster Creek, for the purpose of
creating a boat basin and access channel to service an existing docking facility associated with a
residential subdivision known as Elizabeth's Way, in Swansboro, Onslow County, North Carolina.
Specifically, the applicant proposes to excavate a maneuvering and docking area (basin) and an
access channel to connect to deeper waters at the mouth of Foster Creek. The applicant proposes to
excavate areas around an existing docking facility (boatlift areas and area directly in front of the
boatlifts-south of boatlift). The proposed dredge method is bucket to barge. The proposed access
channel would be 16' wide X-866' long with a final depth of -2' NLW. Average water depths within
the proposed access channel are currently -1' NLW, The proposed basin would be V to 50' wide
(refer to proposed plans for details) X 54' long with a final depth of -2' NLW. Average water depths
within the proposed basin area are currently-0.4'NLW. The proposed final depth for the entre
project area would be -2.0' NLW with a connecting water depth of -2' NLW. A total of 660.39 cubic
yards of material would be removed below nhw within an 18,600 ftz area. According to the
application, the spoils would be transferred into lined trucks and would not damage any existing
marsh. The spoils would be taken offsite by the contractor to a pre -approved spoil disposal site. A
disposal site was not identified in the application.
Please see attached application, bio report dated July 7, 2022 , project narrative and plans for

details, and the attached kmz file for location reference.
EFH:
This notice serves to initiate 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 affect, but not likely adversely affect EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service. Impacts would be temporary in nature and would be limited to sedimentation and
turbidity during dredging activity. The waters within the project area are NOT designated as PNA,
and are classified as SC and are closed to shell fishing. Average water depths within the project area
range from -0.3' NLW to -2.2' NLW (depending on location). According to the application and
bioreport, bottom substrate is mostly silt and mud.
ESA:
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 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.
NHPA 106:
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 and initially determines that no historic properties, nor properties eligible for
inclusion in the National Register, are present within the Corps' permit area: therefore, there will be
no historic properties affected.
The project is not located near the federal project (AIWW).
Please provide comments at your earliest convenience, or by August 25, 2022.
Thank you,
Liz Hair
Regulatory Project Manager
Wilmington District
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Sarah.e.hairCa)usace army.mil
Work Cell: 910-512-4456

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Received: 7/25/2022
Historic Preservation Office
ROY COOPER
Covemor
ELIZABETH S: BISER
Secretary
BRA)(T0_ N`DAVIS
Diietfor'
July 20, 2022
Due: 8/2/2022
ER 22-1839
No comment — SBA 8/1/2022
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
gregg. [e-mail]
SUBJECT: LAMA Major Perini€lAoalrcaton Review
Applicant: Daniel Whitley III
Project Location: 108 Elizabeth Way Ct. Swansboro, Onslow County
Proposed Project: New dredging for private boat basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grew Bodnar at the address above by 4ugUS# 10; 2022ti If you have any
questions regarding the proposed project, contact Curt Weychert 252-515-5413
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
pmNi" NAMI., Renee Gledhill -Earley
AGENCY
NC Historic Preservation Office
SIGNATURE: "•'Y
PATE 8/3/2022
5 ECEEND
AUG 3 2022
MP SECTION MHD
............... .......
,R North Carolina Departmet¢.ofEmironmentai Quality f Division of Coastal Management
Morehead City Offlop 140DCommeme:Aeenue t MppYphcad Gty.Nprtti:Carolitla28uS7
`w,uommwuw m1nmw"m\ d"'� 2}28p82H08-

ROY COOPER
Gotm ar
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 20, 2022
MEMORANDGM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 2B557
Office: 252-515-5416 (Courier 11-12-09)
gregg bodnar(cDNCDENRgov
SUBJECT: CAMA MaiorPermit Application Review
Applicant: Daniel Whitley III
Project Location: 10B Elizabeth Way Ct. Swansboro, Onslow County
Proposed Project: New dredging for private boat basin
Please indicate below your agency's position or viewpoint on the proposed project and
retum this form to Gregg Bodnar at the address above by August 10, 2022., -If you have any
questions regarding the proposed project, contact Curt Weychert 252-515-5413
when appropriate, in-depth comments with supporting data is requested.
Y: )< This agency has no objection to the project as proposea.
"Additional comments may be attached"
_ This agency has no comment on the proposed project.
_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME lyI 06 f l
AGENCY A)C. 1)
SIGNATURE M % 2 l 3-V
DATE kr/ c/ 12.
AUG 5 2022
P sP SECTION MHD
North Carolina Department of rmimnmental Quality I Division of Coastal Management
Morehead city Office I 400Commerce Avenue I Moorehead City. North Carolina 285V
2528092808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 20, 2022
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Pennits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
Grego.bodnar NCDENR.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: Daniel Whitley III
Project Location: 108 Elizabeth Way Ct. Swansboro, Onslow, County
Proposed Project: New dredging for private boat basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greaa Bodnar at the address above by Ally' y# 10r 2022, If you have any
questions regarding the proposed project, contact Curt Weychert 252-515-5413
when appropriate, in-depth comments.with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE
DATE 08/16/22
REC.0 C D
AUG 2 2 2022
o.pammex irmmon,emmo m,
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I.. Moorehead City, North Carolina 28557
252.808.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 20, 2022
MEMORANDUM.'
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
arecc.bodnar(o)NCDENR.cov
SUBJECT: LAMA Mai&/ Ie/mitAApi%cat%On Review
Applicant: Daniel Whitley III
Project Location: 108 Elizabeth Way Ct. Swansboro, Onslow County
Proposed Project: New dredging for private boat basin
Please indicate below your agency's position or viewpoint on the_proposed project and
return this form to Greag Bodnar at the address above by August_ 10, 2022 If you have any
questions regarding the proposed project, contact Curt Weychert 252-515-5413
when appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Myers
AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality
SIGNATURE �� 7o4�� for Shannon Jenkins
61
DATE 8/9/2022
RECEIVED
AUG 1 0 2022
RIP SECTION BIlid 9D
�mrsmoTnnemmou.up�
North Carolina Department of Environmental Quality I Division of Coastal Management
-Morehead City Office. 1400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.280
Y'

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
MEMORANDUM
TO: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ -Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
gregg.bodnarPricderingo
FROM: Shannon Myers
Shellfish Sanitation and Recreational Water Quality Section
Division of Marine Fisheries, NCDEQ
THROUGH: Shannon Jenkins
Shellfish Sanitation and Recreational Water Quality Section
Division of Marine Fisheries, NCDEQ
DATE: August 9, 2022
SUBJECT: 108 Elizabeth Way Ct. Swansboro, Onslow County
The planned spoil disposal site for this project is not specified within the
application. Because the dredge material is being removed from an area that is
closed to shellfishing, any discharge from the dredge spoils at any time into
approved shellfishing waters will cause a shellfish closure. It is requested that our
section be notified of the dredging plan and spoil disposal location prior to any
dredging activity, so that we can determine at that time if a shellfish closure is
needed.
State of North Carolina I Division of Marine Fisheries
3441Arendell Strect I P.O.Box769I Morehead City.North Carolina28557
252-726-7021

Bodnar, Gregg
From: Sammie Rogers <[e-mail]>
Sent: Tuesday, August 23, 2022 8:17 AM
To: Bodnar, Gregg
Subject: RE: [External] RE: Projects
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Onslow County Planning & Development has no objection for the project.
Thank You
From: Bodnar, Gregg <[e-mail]>
Sent: Tuesday, August 23, 2022 8:06 AM
To: Sammie Rogers <[e-mail]>
Subject: RE: [External] RE: Projects
And Whitley.
Gregg
Gregg Bodnar (he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Find a Field Rep (arcgis.com)
Email Correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Sammie Rogers <Sammie [e-mail]>
Sent: Tuesday, August 23, 2022 8:00 AM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] RE: Projects
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Good morning,
What is the address of the projects?
Respectfully,

DccvSign.ytvelope ID: 4B9A300E-85924678-9079•A14BOB8C992F
r
1
ROY COOPER r
Covemar ?
ELIZABETH S. BISER
secMary .---
RICHARD E. ROGERS, JR. NOR I H CAROLINA
Director Environmental Quality
August 25, 2022
Daniel and Katharine Whitely
108 Elizabeth Way Court
Swansboro, NC 28584
Subject: Approval of Individual 401 Water Quality Certification
Whitely dredging for a boat basin and access channel
USACE Action ID. No. SAW-2022-01603
Dear Mr. and Mrs. Whitely:
DW R #20220992
Onslow County
R -CE' ED
AUG 2 2022
RIT SECTION NUID
Attached hereto is a copy of Certification No. WQ0005115 issued to Daniel and Katharine Whitely dated
August 25, 2022. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
Please understand that the waters around your project area have been identified as a Nursery Area and
requests to dredge within these areas must be consistent with 15A NCAC 02B .0220, 15A NCAC 02B
.0222 which requires that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and
fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis.
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
D � North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive E.I. 1 Wilmington, Noah Carolink 28405
910.796.7215

DocuSign Envelope ID: 4B9A300E-8592.4678-9079-A14BOB8C992F
Whitely 108 Elizabeth Way x'
DWR# 20220992
Individual Certification #WQC005115
Page 2 of 11
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact John Perry at 910-796-7215 or iohn.oerry(@ncdenr.laov if you have any questions
or concerns.
RE-CEIVED Sincerely,
DoeuSignetl by-
-Ton.
AUG 2 9 2022 T Offft ilon
Assistant Regional Operations Supervisor
iiA1P' SECTION MHD
� North Carolina Department of Environmental Quality I Division of Water Resources
Q7> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
owmc+amwwmimm�

D� igngpvelope ID: 4B9A300E-8592-4678-9079-A74BOB8C992F
Whitely 108 Elizabeth way
DWR# 20220992
Individual Certification #WQC005115
Page 3 of 11
Electronic cc: Kathy Vinson (via email)
Liz Hairr, USACE Wilmington Regulatory Field Office (via email)
Gregg Bodner, DCM Morehead City Office (via email)
Todd Bowers, EPA (via email)
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20220992_Whitely 108 Elizabeth Way_IWQC_OnslowCo_Aug.22.docx
!::: DEQ>
�xwn ra noww�wmvo�
R �vIVE
A U G 2 9 2022
,MS'n 4 CTKON NUH
Noah Carolina Department of Environmental Quality I Division of Water Resources
512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Oirecior
L"•Z`L-d-4-'2a.O L
July 20, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12-09)
[e-mail]
SUBJECT: CAMAMajcrPermitApplicationReview
Applicant: Daniel Whitley Ili
Project Location: 108 Elizabeth Way Ct. Swansboro, Onslow, County
Proposed Project: New dredging for private boat basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by August 10, 2022. If you have any
questions regarding the proposed project, contact Curt Weychert 252-515-5413
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
.Additionalcomments may be attached"
VI This agency has no comment on the proposed project.
_ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME M! t t� 1 then n
AGENCY �IG �IZC
SIGNATURE h
DATE
Frees
AUG 3 0 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City office 1400 Conuneree Avenue I Moorehead City. North Carolina 28557
25nO8.2808

MEMORANDUM
To: Gregg Bodnar
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination- Daniel Whitley, III, Swansboro, Onslow
County
Date: August 23, 2022
Consistency Determination:
This project is consistent with the Swansboro Land Use Plan Update.
The applicant is proposing new dredging for a private boat basin and access channel. The
new dredging is proposed to connect to deeper waters towards the mouth of Fosters
Creek. The project is located at 108 Elizabeth Way Court in Swansboro, Onslow County.
I have reviewed this proposal for consistency with the Swansboro Land Use Plan and
offer the following comments.
The general area of the project is classified as Low Density Suburban Neighborhood.
Waters at the project site are classified as SC and are not open to the harvesting of
shellfish. The area is not a Primary Nursery area. Areas of Environmental Concern are
EW and PTA.
Swansboro allows development Low Density Suburban Neighborhood classified AECs,
which is consistent with the State's minimum use standards. The Swansboro Land Use
Plan contains some policies, which exceed the State's minimum use standards. However,
none of these policies appear to be applicable to this project.
This project appears to be consistent with the Swansboro Land Use Plan Update.
Cc: FILE RECEIVED
S E P 1 2022
aP SE-C T 1WJ PWHD

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
October 7, 2022
Regulatory Division
Action ID No. SAW-2022-01603
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Daniel Whitley to conduct new dredging for a private boat basin
and access channel in waters of Foster Creek, adjacent to 108 Elizabeth Way Court, Swansboro,
in Onslow County, North Carolina.
Specifically, the applicant proposes to excavate a maneuvering and docking area (basin)
and an access channel to connect to deeper waters at the mouth of Foster Creek. The applicant
proposes to excavate areas around an existing docking facility (boatlift areas and area directly in
front of the boatlifts-south of boatlift). The proposed dredge method is bucket to barge. The
proposed access channel would be 16' wide X-866' long with a final depth of -2' NLW.
Average water depths within the proposed access channel are currently -1' NLW. The proposed
basin would be 1' to 50' wide (refer to proposed plans for details) X 54' long with a final depth
of-2' NLW. Average water depths within the proposed basin area are currently-0.4'NLW. The
proposed final depth for the entire project area would be -2.0' NLW with a connecting water
depth of -2' NLW. A total of 660.39 cubic yards of material would be removed below nhw
within an 18,600 ftz area. According to the application, the spoils would be transferred into lined
trucks and would not damage any existing marsh. The spoils would be taken offsite by the
contractor to a pre -approved spoil disposal site. A disposal site was not identified in the
application.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report. We recommend that the following conditions be
included in the modification to the State authorization:
1. In order to protect anadromous fish, no excavation or filling activities will be permitted
within the proposed basin and access channel, between the dates of April 1 and September 30 of
any year without the prior approval of the Corps.

-2-
2. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
httDS://www.fws. aov/raleieh/Ddfs/ManateeGuidelines20l7.ndf
3. Per coordination with the U.S. Army Corps of Engineers Navigation Branch, the
permittee and their contractors are hereby advised that disposal of any dredged or spoil
materials is prohibited within the easement areas identified (shaded in orange) on the attached
map.
4.The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety
Office at [phone].
5. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
6. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
7. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
8. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
9. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
10. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.

-3-
11. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
12. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter 113A Article 4).
13. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
14. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,
restore the water or wetland to its pre -project condition.
15. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the petmittee's discovery of the violation.
Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosure:
U.S. Army Corps of Engineers Easement map entitled: 108 Elizabeth Way Court

-4-
Electronic Copy Furnished:
USEPA; Mr. Todd Allen Bowers
NCDEQ/DCM; Gregg Bodnar
NC DEQ/DWR; Holley Snider
USFWS; Mr. Pete Benjamin/Mr. John Ellis
NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Daniel Whitley, III
Project NAME: Whitley Boat Basin & Access Channel
2. LOCATION OF PROJECT SITE: Adjacent to Foster Creek and West of the AIWW at
108 Elizabeth Way Ct., Swansboro, Onslow County.
Coordinates: Longitude:77°08'18.72" Latitude:34°40'41.27"
3. INVESTIGATION TYPE: D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/9/2022
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received- 5/11/22
Application complete-6/24/2022
Office — Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of Swansboro Dated May 1, 2019
Land Classification from LUP — low density suburban neighborhood
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — ONWASA Sewer
Planned — None
(F) Type of Structures: Existing — asphalt roads, docks, bulkhead, driveway
Planned — new excavation
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
7. HABITAT DESCRIPTION:
DREDGED FILLED OTHER
(A) Shallow.Bottom (new
18,600 ft2
N/A
N/A
excavation)
(D) Total Area Disturbed: 18,600 ft2
(E) Primary Nursery Area: No
(F) Water Classification: SC Open: No
8. PROJECT SUMMARY: The applicants propose new dredging for a private boat basin and
access channel. The new dredging is proposed to connect to deeper waters towards the mouth of
Foster Creek.

Field Investigation Report:
Whitley Boat Basin & Access Channel
Page 02
9. Narrative Description
The proposed Whitley Boat Basin & Access Channel Project is located in the headwaters of
Foster Creek, a creek connected to the White Oak River, Near Hammocks Beach State Park.
The address of the site is 108 Elizabeth Way Ct., Swansboro, Carteret County. The project
area is found by turning off of Highway 24 in Swansboro onto Hammocks Beach Rd.
Continue 1.68 Miles ad Elizabeth Way Ct. is on the Left. The site is 108 Elizabeth Way Ct.
and is the second to last house in the cul de sac on the right.
The high ground property for 108 Elizabeth Way Ct. is 28, 617 square feet in size and has
a bulkhead ono the waterward side of the property (SE). There is one docking facility with
slips along the shoreline for this tract that serve each leased space. The high ground also
consists of typical yard grasses, ornamental trees, and 115' x 45'(average) of coastal
wetlands along the bulkhead. The total length of shoreline for this area of the tract is 140'
along the normal high water line contour and has an average elevation of 3' above NHW.
The proposed development is a private project. There are residential properties to the north
and south of the project area. The Town of Swansboro's Land Use Plan classifies this
project area as low density suburban neighborhood with all parts of the AEC classified
Conservation. Foster Creek is not designated as Primary Nursery Area and is closed to the
taking of shellfish. It carries a water classification of SC. Water depths range from -0.2'
nlw to -2.2' nlw depending on location, with connecting water depths of -2.0' nlw. No
shellfish were observed within the project area. Substrate along this area of Foster Creek is
mostly mud and silt.
10. Project Description:
The current proposal is to conduct new excavation of a maneuvering and docking area
(basin) and an access channel to connect to deeper waters at the mouth of Foster Creek.
The applicant is proposing to excavate the boatlift areas and area directly in front of the
boatlifts (south of boatlift) with a bucket to barge method. A total of 660.39 cubic yards of
material would be removed below nhw. The excavation dimension within the open water
area of Foster Creek (includes boatlift) would be 15'to 50' (depending on location) x 54'
and has an average existing depth of -0.4' nlw. The proposed final depth for the excavation
area would be -2.0' nlw with a connecting water depth of -2' nlw. The spoils would be
taken offsite by the contractor to a pre -approved spoil disposal site. The spoil will be
transferred into lined trucks and will not damage any existing marsh.

Field Investigation Report:
Whitley Boat Basin & Access Channel
Page 03
11. Anticipated Impacts:
The new excavation within Foster Creek would temporarily disturb 18,600 ft2 of shallow
mud and silt bottom habitat and remove 660.39 cubic yards of material from the system.
The increases in suspended sediment and turbidity levels from the dredging will be
temporary, occur while the dredging operation is taking place and should be minimal given
the bottom composition. Maintenance excavation will likely occur as needed to maintain
the operation of these areas.
Name: Curt Weychert Date: 7/7/2022 Morehead City

Whitley Basin and Access Channel
Daniel and Katherine Whitley
108 Elizabeth Way Court
Swansboro, NC
Onslow County
Introduction
Daniel and Katherine Whitley are the owners of a residential property located at 108 Elizabeth
Way Court, Swansboro, Onslow County. They propose to excavate a small open water boat
basin (identified as Proposed Maneuvering Area on project plans) and access channel in Fosters
Creek to -2.0' Normal Low Water (NLW) to provide boating access to and from their property.
Site Description
The Whitley property is Lot 5 of Elizabeth's Way, a waterfront eight -lot subdivision located
within the Town of Swansboro Extraterritorial Jurisdiction (ET1) adjacent Fosters Bay. The Town
of Swansboro zones the parcel as R-20SF (single-family residential).
The Whitley parcel measures 35,535 square feet, with 159.9 linear feet of shoreline. Vegetation
on the parcel includes grass, coastal marsh, and non -coastal wetlands. The site topography
slopes to the water, with an average elevation of 11 feet.
Man-made structures on the lot include an existing bulkhead and pier with a boatlift and
platform. Construction of a single -family residence is currently underway at the site. The
adjacent subdivision parcel to the northeast is undeveloped. The adjacent parcel to the
southwest contains a single-family residence and pier that slightly encroaches on the Whitley
property, as shown on project plans.
Onslow Water and Sewer Authority (ONWASA) provides central water and sewer to the project
area. An abandoned 10" buried sewer outfall pipe crosses the area proposed for dredging, as
shown on project plans. The Town of Swansboro originally installed the outfall pipe for use with
the municipal sewer system. Several years ago, the Town transferred management of its water
and sewer infrastructure to ONWASA. ONWASA Geographic Information Systems Coordinator
Anthony Harris confirmed the location of the pipe as shown on project plans. Mr. Harris
Whitley Basin and Access Channel
Daniel and Katherine Whitley
Major CAMA Permit Application
June 13, 2022
� FfIVED
JUN 13 2022
DCM-MHD CITY

believes the pipe was abandoned around 2007 or 2009. According to Mr. Harris, outfall pipes
are typically filled with concrete when abandoned.
Existing water depths in the proposed boat basin range from -0' to -.6' NLW. Existing water
depths in the proposed access channel that would cross over the abandoned pipe range from
-0.5' to -2.0' NLW. k
The waters of Fosters Bay adjacent the project site are classified as SC by the Environmental
Management Commission and are prohibited for the harvesting of shellfish. The project site is
not a Primary Nursery Area. The area to be excavated contains no wetlands, submerged aquatic
vegetation, or shell bottom.
Project Description
The owners wish to excavate a maneuvering and docking area (basin) adjacent the existing pier
and boatlift and an access channel to deep water to allow use of the dock at low tide. The
proposed basin as shown on project plans measures 15' to 50' in width and 54' long. The
proposed access channel measures 866.52 linear feet long and 15' wide. Both the basin and
access channel will be dredged to -2' NLW to match the depth of connecting waters.
Excavation of the basin will result in a dredging volume of 233.04 cubic yards. The channel area
dredge volume will be 427.36 cubic yards, for a total proposed dredging volume of 660.39 cubic
yards of mud and sandy material. Dredging calculations are shown on project plans. The area
proposed for dredging measures 18,600 square feet. As previously stated, the area to be
excavated contains no wetlands, submerged aquatic vegetation, or shell bottom.
Mr. Harris of ONWASA advised that outfall pipes are typically buried 3' below the creek bottom
surface. As such, the buried pipe should not be impacted by dredging at the proposed final
project depth of -2' NLW. A subsequent consultation with Tom Tharrington of the NC Division of
Water Resources resulted in the same conclusion.
The location of the spoil disposal site is not known at this time. The disposal site will be
determined by the dredging contractor at a future date and submitted to the Division of Coastal
Management for approval prior to beginning dredging. The spoil disposal pile dimensions shall
be equivalent to a mound 100 ft square, 2.02 feet tall with 3H:SV side slopes.
Whitley Basin and Access Channel
Daniel and Katherine Whitley
Major CAMA Permit Application
June 13, 2022
RECEIVED Page 2
JUN 13 2022
DCM-MHD CITY

Construction Methods
Excavation will utilize a barge mounted excavator. Dredged material will be offloaded into
dump trucks and trucked offsite. Spoils will be disposed at a site to be selected by the dredging
contractor and approved by the Division of Coastal Management prior to beginning dredging.
No wetlands will be crossed in transporting equipment to the project site.
401 Pre -Filing Meeting Request
A 401 pre -filing meeting request for this project was submitted on May 12, 2022 to fulfill the
pre -filing meeting requirement put in place on Thursday, April 7, 2022 when the Environmental
Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to
its previous version which originally became effective on September 11, 2022. In accordance with 40
C.F.R. Section 121.4(a)'At least 30 days prior to submitting a certification request, the project proponent
shall request a pre -filing meeting with the certifying agency'. In accordance with 40 C.F. R section
121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting
request was submitted to the certifying authority at least 30 days prior to submitting the certification
request.
Copies of the pre -filing request and receipt of the request are attached.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this CWA
401 certification request within the applicable reasonable period of time.
Whitey Basin and Access Channel
Daniel and Katherine Whitley
Major CAMA Permit Application
June 13, 2022
RECEIVED
Page 3
JUN 13 2022
DCM-MHD CITY

Kathy Vinson
From: 401PreFile <[e-mail]>
Sent: Thursday, May 12, 2022 12:28 PM
To: Kathy Vinson
Subject: Automatic reply: [External) 401 pre -filing meeting request for Daniel & Katherine
Whitley, 108 Elizabeth Way Court, Swansboro
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be
returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the
Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of
the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401
Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must
request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R.
§121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting
request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.51. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing
meeting request documentation does not constitute a "certification request." As a result of the reinstatement
of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have
documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401
Certification application will be returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).
For Non -Transportation Central Staff:
https://deq nc gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401-
buffer-permitting-contacts
For Non -Transportation Regional
Staff: https•//edocs deq nc gov/WaterResources/DocView aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
RECEIVED
https•//deq nc gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts JUN 13 2022
DCM-MHD

Kathy Vinson
From: Kathy Vinson <[e-mail]>
Sent: Thursday, May 12, 2022 12:27 PM
To: '401 [e-mail]'; 'Perry, John M'
Subject: 401 pre -filing meeting request for Daniel & Katherine Whitley, 108 Elizabeth Way Court,
Swansboro
Attachments: FINAL 108 Elizabeth Way 4.28.2022.pdf
Project Name: Whitley Boat Basin & Access Channel
County: Onslow
Applicant Name: Daniel & Katherine Whitley
Applicant Email: [e-mail]
Consultant: Kathy B. Vinson, AICP, Coastal Planning Services, Inc., [e-mail]
This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the
Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to its
previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a)
'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with
the certifying agency. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include
documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to
submitting the certification request.
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, NC 28557
[phone]
[e-mail]
RECEIVED
JUN 13 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
July 20, 2022
Daniel and Katherine Whitley
108 Elizabeth Way Court
Swansboro, NC 28584
Dear Mr. and Mrs. Whitley:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application for a State
approval for development of Whitley Boat Basin & Access Channel project Within the Foster Creek,
Swansboro, Onslow County. The application was received as complete on June 26, 2022, and appears
to be adequate for processing at this time. The projected deadline for making decision is September
9, 2022; however, 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. An additional letter will be provided if necessary.
If this agency does not render a permit decision within 75 days from the date the application was
received as complete, you may request a meeting with the Director of the Division of Coastal
Management and permit staff to discuss the status of the application. 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 on
the property of the proposed development. This notice should be posted at a conspicuous location
on the property where it can be observed from a public road. Failure to post this notice could result
in an incomplete application.
Onsite inspections will be made, and if additional information is required, you may be contacted by
the appropriate State or Federal agency. A written request is required if you wish to receive a copy
of the field report and/or comments from reviewing agencies. Please contact me or Gregg Bodnar,
Asst. Major Permits Coordinator, if you have any questions.
Sincerely,
Curt Weychert
Field Representative
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
2525155400

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Jacksonville Daily News
NORTH CAROLINA
Environmental Quality
Re: Public Notice - Whitley Boat Basin & Access Channel
Dear Sir:
Please publish the attached Notice in the July 28,_2022 issue of the News Times.
7/20/2022
The State Office of Budget and Management requires an original Affidavit of Publication prior
to payment for newspaper advertising. Please send the affidavit, an original copy of the
published notice, and an original invoice to Amanda Cannon, NC Division of Coastal
Management, [e-mail].
Thank you for your assistance in this matter. If you should have any questions, please contact
me at our Morehead City office.
Sincerely,
Amanda Cannon
Coastal Management Representative
Enclosure
cc: Jonathan Howell, Acting District Manager
Gregg Bodnar, Assistant Major Permits Coordinator
NOTICE OF FILING OF APPLICATION FOR CAMA
ornumm�mummmmmmmnm,�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252515.5400

The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that an application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on 6/24/22.
According to the application, Daniel and Katherine Whitley applied to excavate a private
boat basin and access channel within Foster Creek. A copy of the entire application may be
examined or copied at the office of Curt Weychert, NC Division of Coastal Management,
located at 400 Commerce Avenue, Morehead City, NC, [phone] during normal
business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal
Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 9/6/2022 will be
considered in making the permit decision. Later comments will be accepted and considered
up to the time of permit decision. Project modification may occur based on review and
comment by the public and state and federal agencies. Notice of the permit decision in this
matter will be provided upon written request.
PUBLISHED ON: 7/28/2022
rvwTMcraouunD `� ���
oev.rmieo� �rawnmmwowvry�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.5155400

N0T1(0w'$1?gA
CAMA PERMIT
APPLIED FOR
PROJECT:
Excavate a
new
private
boat
basin and
access channel
within
the
waters
of
Foster Creek
COMMENTS ACCEPTED THROUGH
APPLICANT:
Daniel and Katherine Whitley
108 Elizabeth Way Ct.
Swansboro, NC 28584
August 28, 2022
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Curt Weychert - DCM
400 Commerce Avenue
Morehead City, NC 28557
(252) 515 - 5400

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Jcl
I51",®1IN111111
Doc ID: 014384150003 Type: CRP
Recorded: 07/24/2019 at 02:12:28 PM
Fee Ant: $646.W Page 1 of 3
Revenue Tax: $520.00
onslov County NC
Rabates L. Pollard Rao. of Deeds
Ba4989 PG206-208
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tau S Sao.00
"NO TITLE EXAMINATION REOUESTED OR PERFORMED BY PREPARING ATTORNEY"
Parcel Identifier No. 065791
Property Address•. 108 Elizabeth Way Court, Swansboro NC 28584
Return to: Preparad By, Sbdiag raw Fare, PLLC
112 Old Bridge St.
IadtmsvW NC M40
Brief Description for the Index: Lot S. Eli eabeth Wry
THIS DEED matte this J.LL day of j t'� 2019, by and between
WILLIAM DONALD MILLS S IIL and wife
JULIE ANN MILLS
DANIEL WHITLEY III and wife
KATHARINE W. WHITLEY
Matting Address 4512 Tenella Rd
Trentwoods, NC 28562
The designation Grantor and Grantor as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neurer at squired by context
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain
lot or parcel of land situated in Swansboro Township, Orolow County, North Carolina and more particularly described as
follows:
BEING ALL OF LOT 5, Elizabeth Way, as shown in Map Book 48, Page 13, Onslow County
Registry.
SUBJECT to Restrictive and Protective Covenants, if any. Oneow, County Registry.
The property hereinabove described was acquired by Grantor(s) by instrument recorded in took 3669, Page 283.
RECEIVED
MAY 11 202,
DCM-MHD CITY
Book 4989 Page: 200 Page 1 a Book: 4989 Page, 1977-Current 206 Seq: 1

Ram
iGo
A soap showing the above described property a recorded in Map Book 48, Page 13, Onslow County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey
the same in fee simple, that title is marketable and free and dear of all encumbrances, and that Grantor will warrant and
defend the tide against the lawful claims of all persons whomsoever, other than the following exceptions:
Subject to ad valorem tuts; all applicable zoning and land use ordinances, statutes and regulations, and to
Elie provisions of all applicable restrictive covenants and utility easements of record.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
(SEAL)
(Entity Name) LIE ANN MILLS
is property is_ is not _my primary residence
Br. m
Title.. (SEAL)
By. WILLIAM DONALD MILLS III
Title: This property is_ is not _my primary residence
By-
Ttdc �
SEAL -STAMP State of
Q County
I, a Notary Public of the County and State aforesaid, certify that the following person(s)
personally before me this de. each acknowledging m me that he or she voluntarily
�`� tnq •� P� rapP� r. s a y
Y ?O Y ••LLtt signed the foregoing document for the purpose stated herein and in the capacity indicated: JULIE
pUBv�`.'2? ANNMIIILLSAND WILLIAMDON MILTSIILQ,�
Dated
My commission ettphes(Q Printed Name:�,rorhwa (h . Notary Public
�CQdIOVQ.
The foregoing Certificate(s) of is/= certified to be correct.
This instrument and this certificate are duly registered at the due and time and in the Book and Page shown on the fast page
hereof. Register of Deeds for County
By: Deputy/Assistant - Register of Deeds
RECEIVED
MAY 112022
')CM-MHD CITY
3 k: 4989 Peg.: 206 Peg. 2 of 3 Book: 4989 Page, 1977-Current: 206 Seq: 2

%Viloq�
DEPARTMENT OF TAX ADMINISTRATION
Tax Certification Form
(Check One Box)
Q This certifies that there are no delinquent ad valorem taxes, or other
taxes which the Onslow County Tax Collector is charged with
collecting, that are a lien on:
Parcel Identification Number:
065791 GRANTEE(S): DANIEL WHITLEY III & KATHARINE W WHITLEY
This is not a certification that this Onslow County Parcel
Identification Number matches the deed description.
No certification required, as attorney statement that any delinquent
taxes will be paid from closing proceeds is included on first page of
deed.
Balance due on account. It must be paid to Onslow County Tax Collector
within 5 days of closing.
KAREN D LEE a p,xpp331al41Oa 07/23/2019
Tax Collections Staff Signature Date
This parcel may have deferred taxes which become due upon transfer of the
property. Call the Tax Office, Land Records Division at 910-989-2204 for
more information.
234 NW Corridor Blvd • Jacksonville, North Carolina • 28540 • Phone: 1910I 989-2200 • fax: [phone] • Onslow[ountyNC.guv/tax
RECEIVED
MAY 112022
DCM-MHD CITY
Book 4989 Page: 208 Page 3 of Book: 4989 Page, 1977-Current 206 Seq:3

COASTAL PLANNING SERVICES, INC
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Mobile [phone]
kbvinsonkec.rr.com Fax [phone]
May 10, 2022
Ms. Khuan Ng Kim
106 Elizabeth Way Court
Swansboro, NC 28584
Re: Major CAMA Permit Application
Daniel and Katherine Whitley
Dear Ms. Kim
Coastal Planning Services, Inc. is providing Coastal Area Management Act (CAMA) permitting assistance to Daniel
and Katherine Whitley for excavation of an access channel and small docking area (basin) surrounding an existing
dock at their property located at 108 Elizabeth Way Court, Swansboro, NC. The purpose of the project is to provide
improved boating access for their property.
A Major CAMA permit will be required for this project. CAMA requires that adjacent riparian property owners be
notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or
object to the proposal. As the owner of an adjacent riparian property, we are notifying you of the proposed plans.
Enclosed with this letter are copies of the permit application and plats. If you have objections or comments
regarding the proposal please write or call the NC Division of Coastal Management (DCM) within 30 day
receipt of this notice. You may reach DCM at the following address and phone number:
Mr. Curt Weychert
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Telephone: [phone]
[e-mail]
No action on your part is required if you have no comments or objections. No response is considered the same as no
objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information
regarding the project.
Sincerely, j/ A
Kathy B. mson, AICP
RECEIVED
Enclosures MAY 1 1 2022
DCM-MHD CITY

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Restricted Delivery
Domestic Retum Receipt
o46
RECEIVED
MAY 112022
DCM-MHD CITY

COASTAL PLANNING SERVICES, INC
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Mobile [phone]
kbvinson[7a ec.rr.com Fax [phone]
May 10, 2022
Ms. Frances Gazza
73 Island Estates Pkwy
Palm Coast, FL 32137-2204
Re: Major CAMA Permit Application
Daniel and Katherine Whitley
Dear Ms. Gazza:
Coastal Planning Services, Inc. is providing Coastal Area Management Act (CAMA) permitting assistance to Daniel
and Katherine Whitley for excavation of an access channel and small docking area (basin) surrounding an existing
dock at their property located at 108 Elizabeth Way Court, Swansboro, NC. The purpose of the project is to provide
improved boating access for their property.
A Major CAMA permit will be required for this project. CAMA requires that adjacent riparian property owners be
notified by certified mail of the proposed work and that an opportunity be provided to the neighbors to comment or
object to the proposal. As the owner of an adjacent riparian property we are notifying you of the proposed plans.
Enclosed with this letter are copies of the permit application and plats.
You may reach DCM at the following address and phone number:
Mr. Curt Weychert
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Telephone: [phone]
[e-mail]
No action on your part is required if you have no comments or objections. No response is considered the same as no
objection. Please feel free to contact me at 252-240-9297 if you have questions or need additional information
regarding the project.
Sincerely,
Kathy B. Vmson, AICP RECEIVED
Enclosures MAY 112022
DCM-MHD CITY

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RECEIVED
MAY 11 2022
DCM-MHD CITY

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RECEIVED
MAY 11 2022
DCM-MHD CITY

Daniel Whitley
108 Elizabeth Way Court
Swansboro, NC 28584
[phone]
May 6, 2022
To Whom It May Concern:
I authorize Kathy Vinson, AICP and Coastal Planning Services, Inc. to represent me and
apply for CAMA permits to develop my property located at 108 Elizabeth Way Court,
Swansboro, North Carolina. This authorization extends to all permits and authorizations
required by local, state, and federal agencies that may be required as part of the
permitting process.
I also authorize release of information related to the project site to Ms. Vinson, including
boundary surveys, topographic maps, and results of wetland delineation and soil
permeability tests.
Please feel free to contact me if you have questions or need additional information.
Sin r
anie Whitley
RECEIVED
MAY 1 1 2022
DCM-MHD CITY

AF
/ ❑DREDGE & FILL N9 76658 A B / C) D
RAL PERMIT Previous permit# LCewModification ❑Complete Reissue ❑Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality (,�/- 'rI
and the Coastal Resour Commission 'n an grea,df 'j mental concern pursuant to I SA NG4C (/ 00 ��✓
/ I./1Jl (lt !J ul s attached.
Applicant Name _4 1 +_/__, � Project Location: County —(� %A2 D 1-t
rir �01rrl� r
d State
-C ZIP
Phone
Authorized
/Age nt Uo%
Affected `t "' /W ETA
AEC(s): ❑ OEA ❑ HHF ❑ IH
❑ PWS:
ORW: yes lino / l PNA
Type of Project/
Activity _
Pier (dock) length /f U
Fixed Platform(s)_
Floating Platform(s)
Finger pler(s)
Groin length
ber
Bulkhead/ 'prap length
a distance offshore
max distance onshore V_
Basin, channel
cubic yards
Boat ramp —
Boathous Boadif —1 3 x6
Beach Bulldozing
Other
Shoreline Length
SAM not sure yes no
Moratorium: n/a yes
Photos: yes
Waiver Attached: yes no
yes T no
DES ❑PTS
❑ UBA ❑ N/A
Street Addr ss/ State Road/ Lot #(s)
Subdivision
City jn/Cd� ^ ZIP_(Wf
Phone # () River B�sin
Ad'. Wtr. Body0 na man unkn
Closest Maj. Wtr. Body �s 1
S Xa���r
(Scale:,"-7f )
-i----,�
-- _ __
-
Uj
�_-,
71
I
�(
-
/I
1
( IIY
I 41Al
I
A building permit may be required by:
( Note Local Planning jurisdiction)
GL
or Applicant Printed Name
S re"Please read compliance stateme7back oIf emit•
ation Fee(s) Check #
❑ See note on back regardin River Basin rules.
Permit R ri ted Name
Si n u
Iss ngD to ExhiratiginiDate

AMA / -' DREDGE & FILL N9 76658 A B / c) D
�„ NERAL PERMIT P,.P«6s `C
_1Modtfiodon 7Com im RNst l : ;Partial Reines Dan privvlow pwn* issued
As etdtmisad by the Sam of North CreWpC D"I" K of EnwemwrcW Qmky / I 7 /,
and the Cowl Raao Cmtrn"m n an oanum pursuant to I SA NCAC ' UlJ i^ v
Applicant Name : Yl ' _ i Project Location: County _ 1 C) L
Address kn Street Addr/fin Lot
City - C o u ZIP - C — /
Phone * ) 6-- E SubdhAslon _
Authorbied-rl�prrtt--- _ G n^_ - City_.. C/� �+^- ZIP_
ARetzed T �w 01*A ❑6 OFti Phone (_)_ _ Riverb!_ ,
AEC(s): =oeA ❑NNF ❑ef CueA ❑WA Adj. Wtr.Body O rrY1C
F"
OItW yes no FNA yea ro J Closest Maj. Wtr. Body
Type of Projtivit ect/ Acy (,) Gt 6
ro
Per (dock) _J . C:
Fbnd PMatbnn(e)
Floatng Pfadorm(s)
Gran krtg h
rtYr m
Bain. daarl
Cubic
Boer ramp
INi►'•.. %��ifirii�i��
. .- i
B=Ch ewoerti
Otar_ _
ShoveeM L&Vtl
SAV. not Nra rat
Mdaopriun. Na yae
Photos m
w,rar Aeadrd >r n, C
A building pertnrt may be requred by, (./ r`/t/ ✓t/v ❑ See note on beds fever Bann rules.
( Now Local Plaming Junsdictlon� V1
NetedSoeclal Corm itl«n . / 1 ) I f I / �i Ut^t 1t,
npm or rppa t rnnna t I
-Feya14
"fMease read compliance sta d t77 --
C_1__

Bodnar, Gregg
From: Bodnar, Gregg
Sent: Wednesday, September 14, 2022 8:09 AM
To: Kathy Vinson
Subject: Daniel Whitley
Morning Kathy,
Please accept this email as notification that the project has been extended. The 150 day is 11/23/22. Currently I am
waiting on USACE and have been in contact with them. Once comments are in I should be able to make a final decision
shortly thereafter.
Regards,
Gregg
Gregg Bodnar(he/him/his)
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] (NEW OFFICE NUMBER)
[e-mail]
Find a Field Rep (arcgis.com)
NORTH CAROIINAD E Q
��
Department of Environmental Dualfty
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

DCM MP-1
APPLICATION for ,�
Major Development Permit -1
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1, Primary Applicant/ Landowner Information
Business Name
Project Name (it applicable)
N/A
Whitley Boat Basin & Access Channel
Applicant 1: First Name
MI
Last Name
Daniel
Whitley, III
Applicant 2: First Name
MI
Last Name
Katherine
W.
Whitley
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
108 Elizabeth Way Court
n/a
Swansboro
NC
ZIP
Country
Phone No.
FAX No.
28584
USA
252 - 670 - 3555 ext. n/a
n/a -
Street Address (d different from above)
City
State
ZIP
n/a
N/A
We
n/a-
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Coastal Planning Services, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Kathy
B.
Vinson
Agent/ Contractor 2: First Name
MI
Last Name
n/a
n/a
n/a
Mailing Address
PO Box
city
State
827
Morehead City
NC
ZIP
Phone No. 1
Phone No. 2
28557
252 - 240 - 9297 ext. n/a
252 - 354 - 4916 ext. n/a
FAX No.
Contractor #
252 247 5875
n/a
Street Address (d different from above)
City
State
ZIP
n/a
N/A
n/a
n/a -
Email
[e-mail]
<Form continues on back>
RECEIVED
II IN 9.4 9072
252-808-2808 :: 1-888.4RCOAST w. nccoasta lmanagement. net
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Onslow
108 Elizabeth Way Court
n/a
Subdivision Name
City
State
Zip
Elizabeth's Way
Swansboro
NC
28584-
Phone No.
Lot No.(s) (d many, attach additional page with list)
n/a - ext.
5,
1 1 ,
a. In which NC river basin is the project located?
b.
Name of body of water nearest to proposed project
White Oak
Fosters Bay
c. Is the water body identified in (b) above, natural or manmade?
d.
Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
White Oak River
e. Is proposed work within city limits or planning jurisdiction?
I.
If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Town of Swansboro
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
159.9linear feet
35,535
c.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
35,535, 1 1
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
11' ❑NHW or ENWL
e.
Vegetation on trail
Grass and wetland vegetation
f.
Man-made features and uses now on tract
Single-family residence under construction, bulkhead, residential pier
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Residential properties - undeveloped to the northeast, developed to the southwest
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-20SF (single-family residential)
(Attach zoning compliance certificate, if applicable)
EYes []No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ENo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ENo ❑NA
If yes, by whom? n/a
I.
Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ENo ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
JUN 2 4 2v,?
252.808-2808 :: 1.888.4RCOAST :: www.nccoastalmanag eiaeo_"D CITy

FoPm DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes [--]No
(ii) Are there coastal wetlands on the site? ®Yes []No
(III) If yes to either (1) or (ii) above, has a delineation been conducted? []Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Sewer provided by Onslow Water and Sewer Authority (ONWASA)
o. Describe existing drinking water supply source.
Drinking water provided by ONWASA
p. Describe existing storm water management or treatment systems.
Low Density Stormwater Subdivision
& Activities and Impacts
a.
Will the project be for commercial, public, or private use? []Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Project will provide boating access for owners and guests.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bucket to barge: one excavator mounted on a barge will transfer spoils onto a dump truck. The barge will be stored in deep
water and the dump truck on high ground.
d.
List all development activities you propose.
Excavation of a small basin and access channel connecting to deep water. Spoil disposal will be offsite in a pre -approved
location. Dimensions of disposal site will be as noted on DCM MP 2 Excavation and Fill (equivalent to a mound 100 feet
square, 2.02 feet tall with 3H:1 V side slopes).
e.
Are the proposed activities maintenance of an existing project, new work, or both? New
f.
What is the approximate total disturbed land area resulting from the proposed project? none ❑Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ®Yes []NO ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
Sheet flow runoff to Fosters Bay.
i.
Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j.
Is there any mitigation proposed? []Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
RECEIVED
JUN 2 4 2022
252-808-2808 .. 7-888.4RCOAST .. www.nccoastalmanagement.Q M-MHD CITY

Fofm DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additionallnfonnation
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and Plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Khuan Ng Kim Phone No.
Address 106 Elizabeth Way Court, Swansboro, NC 28584
Name Frances Gazza Phone No.
Address 73 Island Estates Pkwy, Palm Court, FL 32137-2204
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
SW8 040717 updated, transferred, and reissued to Elizabeth's CAMA GP 76658-C, issued to Daniel Whitley on 6/3/2020
Way Homeowners Association, Inc. on 12/8/2015
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date _6/20/2022 Print Name _Kathy B. Vinson, agent
Signature— i
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development RECEIVED
❑DCM MP-4 Structures Information
JUN 2 4 2022
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. 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
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
866.52'
n/a
54'
n/a
n/a
n/a
n/a
15' to 50', see
Width
15,
n/a
project plans
n/a
his
n/a
n/a
Avg. Existing
-1' NLW
n/a
- 0.3' NLW
n/a
NA=NA
n/a
Depth
JENA
Final Project
- 2' NLW
n/a
- 2' NLW
n/a
n/a
Depth
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
880.39 cy
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of the excavation in these areas:
n/a
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Spoils will be placed offsite in a pre -approved disposal
location.
c. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of disposal in these areas:
n/a
❑This section not applicable
b. Type of material to be excavated.
Mud and sand
d. High -ground excavation in cubic yards.
None
❑This section not applicable
Dimensions of disposal area.
Equivalent to a mound 100 feet square, 2.02 feet tall with
3HAV side slopes
d. (i) Will a disposal area be available for future maintenance?
❑Yes ®No ❑NA
(ii) If yes, where?
n/a
f. (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes, how much water area is affected?
n/a
RECEIVED
MAY 11 ?0'"
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net DCM-MHD C"d: 1212e/0e

Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap
Breakwater/Sill Other
i. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No DNA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
submerged aquatic vegetation (SAV), shell bottom (5B), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(Ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
WA Bucket to barge
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
n/a
5/10/2022
Date
Whitley Boat Basin & Access Channel
Project Name
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No DNA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
n/a
Daniel and Katherine Whitley
Applicant Name
App (cant Sign re
RECEIVED
252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimangggment.net revised: 12/26/06
DCM-MHD CITY

***This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet - EXPRESS PERMIT APPLICATION
(03/10/2020)
Applicant: Daniel and Katherine Whitley
Date: 7/7/22
Project Site County: Onslow
Staff: Curt Weychert
District: Elizabeth City ElWashington
®Morehead City ❑Wilmington
Project Name: Whitley Boat Basin and Access Channel
Date of initial application submittal (EX: 1/8/2007): 5/11/2022
Date application "received as complete" in the Field office (EX: 1/8/2007): 6/24/2022
Permit Authorization: ZCAMA Zdredge&Fill ZBoth
SITE DESCRIPTION/PERMIT INFORMATION
PNA: Yes ®No
Photos Taken: Yes ❑ No®
Setback Required (riparian): Yes
No
Critical Habitat: ❑Yes ®No Not Sure
15 foot waiver obtained: ❑Yes ®No
Hazard Notification Returned:
❑Yes ®No
SAV: Yes ®No ❑Not Sure
Shell Bottom: ❑Yes SNo Not
Temporary Impacts: ElYes NNo
Sure
Sandbags: ❑Yes ®No LJ Not Sure
Did the land use classification come from
Mitigation Required (optional):
LUP: ®Yes ❑No
❑Yes ®No
Moratorium Conditions: Yes ®No
Environmental Assessment Done:
[]NA
❑Yes ❑No ® NA
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
10 Swamp Waters (SW)
High Quality Waters (HQW)
El Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
LJ (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort (Salicomia sp.)
wetlands)
El (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
El (SY) Salt reed grass (Spartina
alternifiora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncus
0 (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
III(A) Private w/ D&F up to 1 acre;
0 III(D) Priv. public or comm w/ D&F to 1
3490 can be applied - $250
acre; 3490 can't be applied - $400
Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
0 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 w/ D&F to 1
Express Permit - $2000
acre; 3490 can be applied - $400
Major development extension request -
C1 It. Public or commercial/no dredge
$100
and/or fill - $400
252-808-2808 :: 1-888-4RCOAST :: wwwmccoastalmanaoement.net revised: 02/15/10

HC Division of Coastal Mgt. Appiicati®n Cognputelr Sheet, Page a of 4)
❑ I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
revised 02/15/10

INC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4)
Applicant: Daniel and Katherine Whitley
Date: 7/20/22
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code sheet.
Activity Name
Number
TYPE
Choose
One
REPLACE
Choose
One
Dimension 1
Dimension 2
Dimension 3
Dimension 4
Excavation
(Basin)
1
New Work
Maint ❑
Replace
❑ Y ® N
L 15 ft
W 50 ft
D 2 ft.
Excavation (
1
New Work
Maint ❑
Replace
❑ Y ON
L 867 ft
W 15 ft
D 2 ft
revised 02/15/10

INC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4)
Applicant: Daniel and Katherine Whitley
Date: 7/20/22
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes any
restoration and/or
temp impact
amount
Open Water
Dredge ® Fill ❑ Both ❑ Other ❑
18,600 SF
18,600SF
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net revised: 02/15/10

MAJOR PERMIT FEE MATRIX
Applicant: W I t
4g60-
:bL-Iq/ �z
Selection
Development
DCM %
DWQ %
Tnot$250
(143001601 4351000931625 6253)
(243001602 435100095 2341)
I. Private, non-com
development that d
100%($250)
0%($0)
involve the filling o
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
0r 0 en water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major nermit
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 -
El
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached can be a lied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (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
aquaticlife:General
WaterCertification
No.
$400
60%($240)
40%($160)
e attached) cannotied:development
P/
that
the filling and/or
$475
60% ($285)
40% ($190)
ion of more than
one acre of wetlands and/or
open water areas:

Weychert, Curtis R
From: Weychert, Curtis R
Sent: Wednesday, June 15, 2022 2:57 PM
To: Kathy Vinson
Subject: RE: [External] Whitley major application
Kathy, upon a final review of this project I have noted additional information that is needed in order to consider this
application complete.
Most importantly, we will need to know the location of the disposal area. The USACE will want to know that information
prior to issuing any permits. We will need to know the location, dimensions, and ensure that the placement of material
will fall outside of the 30' buffer from NHW.
Additionally we will need to see the normal high water line and the normal low water line on your cross section
drawings.
MP-1 section 3, d: the adjacent major waterbody is the White Oak River
MP-1 section 5, d: we will need a description of the spoil dimensions and location in that area
MP-1 section 6, g: there was a previous GP issued by DCM — No. 76658-C From DCM in 2020
MP-2 Section 2: We will need information on the disposal area prior to project approval
Once that information is received, I can further process your Major Permit Application.
Regards,
Curt Weychert
Curtis Weychert
DCM Field Representative / Environmental Specialist II
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-240-9497
Curt. Weychert(a)ncdenr. oov
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties.
From: Kathy Vinson <[e-mail]>
Sent: Monday, June 13, 2022 4:44 PM
To: Weychert, Curtis R <[e-mail]>
Subject: [External] Whitley major application

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Curt,
This afternoon I dropped off the following items at the DCM front desk for the Whitley major application:
• The USPS green card certified receipts for notification of the Whitleys' adjacent riparian property owners.
• Documentation that the 401 pre -filing meeting request for this project was submitted on May 12, 2022. The 30-
day pre -filing period has now been met.
• A revised project narrative including information and required statements for the 401 pre -filing request.
Please let me know if you need anything else.
Thanks,
Kathy
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, NC 28557
[phone]
kbvinson(&ec.rr.com

Statement of Compliance and Consistency
This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any
violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become
null and void.
This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The
applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will
confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local
ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian
landowner(s) .
The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available
information and belief, certify that this project is consistentwith the North Carolina Coastal Management Program.
River Basin Rules Applicable To Your Project:
❑ Tar -Pamlico River Basin Buffer Rules ❑ Other:
❑ Neuse River Basin Buffer Rules
If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the
River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of
Water Resources. Contact the. Division of Water Resources at the Washington Regional Office (252-946-6481) or the
Wilmington Regional Office (910-796-7215) for more information on how to comply with these buffer rules.
Division of Coastal Management Offices
Morehead City Headquarters
400 Commerce Ave
Morehead City, NC 28557
252-808-2808/ 1-8884RCOAST
Fax: [phone]
(Serves: Carteret, Craven, Onslow -
North of New River Inlet- and Pamlico
Counties)
Elizabeth City District
401 S. Griffin St.
Ste. 300
Elizabeth City, NC 27909
252-264-3901
Fax:[phone]
(Serves: Camden, Chowan, Currhuck,
Dare, Gates, Pasquotank and Perquimans
Counties)
Washington District
943 Washington Square Mall
Washington, NC 27889
252-946-6481
Fax: [phone]
(Serves: Beaufort, Bertie, Hertford, Hyde,
Tyrrell and Washington Counties)
Wilmington District
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
910-796-7215
Fax:[phone]
(Serves: Brunswick, New Hanover,
Onslow - South of New River Inlet -
and Pender Counties)
http://portal.ncdenr.org/web/cnVdcm-home
Revised 7106/17

Cannon, Amanda J
From:
Davenport, Ryan
Sent:
Wednesday, May 27, 2020 9:12 AM
To:
Cannon, Amanda 1
Subject:
FW: [External] Whitley, Daniel - CAMA paperwork
Attachments:
Whitley, Daniel - CAMA paperwork.pdf
Please print
From: Bobby Cahoon Construction [mailto:[e-mail]]
Sent: Tuesday, May 26, 2020 4:38 PM
To: Davenport, Ryan <[e-mail]>
Subject: [External] Whitley, Daniel - CAMA paperwork
Mr. Davenport,
Attached you will find the CAMA paperwork for a project for Daniel Whitley in Swansboro. Please let me
know as soon as possible about the cost so I can get a check mailed to you. Also, please let me know if
you need anything else or have any questions.
Please confirm that you have received this email and the attachment.
Thank you,
Deborah
Bobby Cahoon Marine Construction
6003 Neuse Road
Grantsboro, NC 28529
252-249-1617 office
252-249-9884fax
www.bobbvcahoonconstruction.com rbobbvcahoon onstruction om]
bobbvca hoonconstru ction Galva hoo. com

CERTIFIED MAIL RETl1RN QECEIPT f1E 1 IFaTFp
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOT F ATIONJWAIVER FORM
Name of Property Owner: Daniel Whitley
Address of Property: 108 @izabeth Way Court Swainsboro NC Onslow, County
(Lot or Strut #, Street or Road, City 8 County)
Agent's Name #: Bobby Cahoon Construction, Inc.
Agent's phone 0: 252-249-1617
Mailing Address: 6003 Neuse Road
Grantsboro, NC 28529
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A descrtotion or drwwi. w tr
I have no objections to this proposal. I have objections to this proposal.
d you have ob/ecdons to what is being proposed, you moat
(L)CM) In wrtdng within to daysof �YMODivision ofCoastal Managamant
available at rsce/Pt of this nodce. Contact Information for DCM ohfices is
No reaporra r .w.
same as no e61.dh.. N ...... a._ _ cm/staff-Na -n," orby calling 1-8U-4RCOAST.
acre va � - - -- -
IVER
TION
I understand that a pier, dock, mooringyPAngs, boat breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
You wish to waive the setback, you I al the appropriate blank below.)
I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
�qP�e`town* adon)
Si a?rrre n.�r�,.ti�
Daniel Whitley
by Bobby Cahoon Construction Inc.
Print or Type Name
4512 Tenella Road
Mailing Address
Trent Woods, NC 28562
252-670-3555
Telephone Number/Emer7 Address
2-27-20
Date
(Riparian Property Owner Information)
Signature
Print or Type Name
Mailing Address
CItyTStatzp
Telephone Number/Emad Address
100
(RBkdSed Aug. 2014)

CERTIFIED MAIL • RETURN raPT REQ rFgrFn
DIVISION OF COASTAL ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVEREnFORM
Name of Property Owner: Daniel Whitley
Address of Property: 108 Elizabeth Way CourtSwansboroNC Onsltow County
trot or Street #, Street or Road, Clty 8 County)
Agent's Name #: Bobby Cahoon Construction, Inc.
Agent's phone #: [phone]
Mailing Address: 6003 Neuse Road
Grantsboro, NC 28529
I hereby certify that I own property adjacent to the above referenced propierty.
applying for this permit has described to me as shown on the attached drewinng development
withe
they are proposing. A ds�exio{ion or drewino th di nsio m
Is I
Ptj I have no objections to this proposal.I have objections to this proposal.
*Sea 0.*cixa ['C*e .
e�M)dyou have objections to what/a beingpn posad, you must nodlyMeDivision of CoaataiMarrayernerrt
blen wrltlng within 10 days of receipt of this notice. contact tnfomwtion for DCAI ofl7cas is
LrtfMGWl,nr;rrgruyipyrlAemenCnet/at�/Cn icket7-11 Pln,iorbycalllnQl8881RCOA3T.
No rafPOMe is cons/dared the soma
WAIVE
I understand that a pier, dock, mooring pilings, SECTION
boat romp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If
you wish to waive the setback, you must initial the appropriate blank below)
I do wish to waive the 15' setback requirement.
_ 1 do not wish to waive the 15' setback requirement.
�o &Owns atlon)
Si ecvn
Daniel Whitley
by Bobby Cahoon Construction Inc.
Print or Type Name
4512 Tenella Road
Malling Address
Trent woods, NC 28562
Clty/Stete/Zip
252-670-3555
Telephone Number/Email Address
2-27-20
Dote
(Riparian Property Owner Information)
Signore
f� t n�
Print or Type Ni �—
—106 a10cN, � y C4-
Malhng Address
sw",(6e v NC 285-8it
City/Stete✓Zlp
336- Zz3-6l18
Telephone Number/Email Address
. 3/Ir /202.o
Dore
(Re WSW Aug. 2014)

AGENT AUTHORIZATION FOR LAMA PERMIT . P .
Name of Property Owner Requesting Permit
Mailing Address
f 1 J.x 1 tit/
Phone Number. 15l �7C j555
Email Address: Cir'v� e�wk;Ic 'ir'�jg1� r
I certify that I have authorized Bobby Cahoon Construction, Inc.
Agent f Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development Tnsi"0 A a Son On
l r
at my property located at
in-,L&'� County,
I furthermore cerW that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating Information related to this
Permit application.
Property Owner Information:
L Srrgnatu e
Print or Type Narft
U airy/'
Title
u z, i 1 I -ate
Date
This certification is valid through CUI l l u2
,lU C

DANIEL WHITLEY
108 ELIZABETH WAY COURT
SWANSBORO, NC
DESCRIPTION
We propose to install a new vinyl seawall. Wall will be 190' long with 4.5'
exposure. This includes a 20' long wingback on the right side of the property and
a 30' long wingback on the left side.
We propose to install a new concrete pier consisting of a 5' wide x 110' long
walkway connecting to a 13' wide x 30' long platform along with a 5' wide x 20'
long stepdown behind the platform.
We propose to construct and install a 10' long wooden bench with backrest.
We propose to install a new 12.5' wide x 16.5' long gazebo roof over a portion of
the end platform. This will be a hip roof having a pitch of no greater than 6/12.
We propose to install a new boat lift. This includes four (4) new 10" x 30' long
marine grade pilings.

Drawing by Bobby Cahoon Construction for:
Daniel Whitley
108 Elizabeth Way Ct.
Swansboro
Proposed Concrete Pier
Revised 2/10/20
New 7,000#
Boat Lift
with 4-
Pilings Pe" x gs' aP NS 10" x 30' Pilings
ipngs
13x30
5 x 110' Walkway Platform
+- 70' Across Marsh
This drawing is the sole property of
Bobby Cahoon Construction Inc.
and is not intended for use by any other entity.
5x20'
Step Down
16.5 x 12.5 Gazebo Roof
with a 10' long wooden bench with backrest

2/2712020 Onslaw County Property Records Site
Parcel 0: 065791 Map #: 1320D-19 Tax Year: 2020
Luc: Waterfront River/Creek Class: Vacant NBHD: ELIZABETH WAYIWILLIAMSPORT
WHITLEY DANIEL III & KATHARINE W 108 ELIZABETH WAY CT
Parcel
065791
Tax Year
2020
Property Addess
108 ELIZABETH WAY CT
Unit Desc
Unit #
NBHD
4301 - ELIZABETH WAY/WILLIAMSPORT
Class
Vacant
Land Use Code
07 - Waterfront River/Creek
Living Units
Mapping Acres
.84
CAMA Acres
.84
Location
Fronting
Zoning
R-20SF-R-20SF
Map #
1320D-19
PIN Number
535416934135
Total Cards
0
Record Type
R
Legal Description
Township
City Code
Jurisdiction
Plat Book-Page/Subd #
Fire District
Owner 1
Owner 2
Customer ID
% Ownership
Nature of Ownership
Address
L5 ELIZABETH WAY
113-SWANSBORO
00 - UNINCORPORATED ONSLOW
1300 - SWANSBORO UNINCORPORATED
48-013
SB-W - WHITE OAK RIVER (SWANSBORO)
W I LEY DANIEL III & KATHARINE W
451988000
100
4512 TENELLA RD
property.onslowcountync.gov/ptlDatalets/PrintDatalet.aspx?pin=065791&gsp=PROFILEALL&laxyear-2020&jur--067&ow seq=0&card=l&roll=REAL&Scata=i&item=l&items=-1&all=undefined&ranks=D 1/2

2=2=0
Owner Mailing
owner 1
Owner 2
MOM Addreea
Public Comments
LNra a.
1
Onslow County Property Records Site
TRENTWOODS, NC 28562
WHITLEY DANIEL III & KATHARINE W
4512 TENELLA RD
TRENTWOODS NC 28562
Dept
CN
1
try. no sketch availab e
for this record
Comment
LADJ
FOR
ACCESS
TO
WATER
PWn".onslowcoun".WvlptMateleta/PdntDat&W.aspz7pwwWS7918esp-PROFILEALL&tm"a=20206jur=067&ownseq=Odmwi&-ldrdl=RFAL&StaN=1&item=1&items=-1&all=undefined &ranks=D 2r2

A
Ak,
I-}�.S naCg ,_.•S ,L �'i'J^Ly`CVq
1!

Major CAMA Permit Application
Daniel and Katherine Whitley
108 Elizabeth Way Court
Swansboro, North Carolina
May 10, 2022
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, North Carolina 28557
Telephone [phone]
[e-mail]
[e-mail]
RECEIVED
MAY 1 1 2022

Table of Contents
Daniel and Katherine Whitley
Major CAMA Permit Application
May 10, 2022
Contents
Application Documents
DCM MP— 1 Application
DCM MP-2 Excavation and Fill
Project Narrative
Introduction
Site Description
Project Description
Construction Methods
Project Plans
Sheet 1 of 2 Existing and Proposed Conditions
Sheet 2 of 2 Excavation Plan
Authorized Agent Letter
Property Deed
Notices to Adjacent Riparian Property Owners
Khuan Ng Kim
Frances Gazza
RECEIVED
MAY 112022
DCM-MHD CITY

COASTAL PLANNING SERVICES, INC
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Mobile [phone]
[e-mail] Fax [phone]
June 24, 2022
Mr. Curt Weychert
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit Application
Daniel and Katherine Whitley
Dear Curt
In response to your request, enclosed are the revised MP-1 Application for Major Development Permit
and Sheet 2 of project plans (profile drawings) for the Whitley application. Please let me know if you
have any questions or need additional information.
Thank you for your assistance with this project.
Sincerely,
Kathy B. Vinson, AICP
Enclosures
RECEIVED
JUN 2 4 NZZ
DCM-MHD CITY

Kathv Vinson
From:
Kathy Vinson <[e-mail]>
Sent:
Thursday, May 12, 2022 12:27 PM
To:
'401 [e-mail]'; 'Perry, John M'
Subject:
401 pre -filing meeting request for Daniel & Katherine Whitley, 108 Elizabeth Way Court,
Swansboro
Attachments:
FINAL 108 Elizabeth Way 4.28.2022.pdf
Project Name: Whitley Boat Basin & Access Channel
County: Onslow
Applicant Name: Daniel & Katherine Whitley
Applicant Email: danielwhitleviii(cDgmail.com
Consultant: Kathy B. Vinson, AICP, Coastal Planning Services, Inc., kbvinson(cDec.rr.com
This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the
Environmental Protection Agency's 'Clean Water Act Section 401 Certification Rule' ('Federal Rule') was reinstated to its
previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a)
'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with
the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include
documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to
submitting the certification request.
Kathy B. Vinson, AICP
Coastal Planning Services, Inc.
P.O. Box 827
Morehead City, NC 28557
[phone]
kbvinsonPec.rr.com

Kathv Vinson
From: 401PreFile <[e-mail]5.
Sent: Thursday, May 12, 2022 12:28 PM
To: Kathy Vinson
Subject: Automatic reply: [External] 401 pre -filing meeting request for Daniel & Katherine
Whitley, 108 Elizabeth Way Court, Swansboro
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be
returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the
Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of
the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401
Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must
request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R.
§121.4] In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting
request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing
meeting request documentation does not constitute a "certification request." As a result of the reinstatement
of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have
documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401
Certification application will be returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).
For Non -Transportation Central Staff:
https://dea.nc.gov/about/divisions/water-resources/water-quality permitting/401 buffer permittin /401
buffer -perm itting-contacts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.gov/WaterResources/DocView aspx?dbid-0&id=2162034&cr-1
For all Transportation Projects Including NCDOT Projects:
https://deg.nc.gov/about/divisions/water-resources/water-resources permits/transportation
perm itti n g/staff-contacts

Whitley Basin and Access Channel
Daniel and Katherine Whitley
108 Elizabeth Way Court
Swansboro, NC
Onslow County
Introduction
Daniel and Katherine Whitley are the owners of a residential property located at 108 Elizabeth
Way Court, Swansboro, Onslow County. They propose to excavate a small open water boat
basin (identified as Proposed Maneuvering Area on project plans) and access channel in Fosters
Creek to -2.0' Normal Low Water (NLW) to provide boating access to and from their property.
Site Description
The Whitley property is Lot 5 of Elizabeth's Way, a waterfront eight -lot subdivision located
within the Town of Swansboro Extraterritorial Jurisdiction (ETJ) adjacent Fosters Bay. The Town
of Swansboro zones the parcel as R-20SF (single-family residential).
The Whitley parcel measures 35,535 square feet, with 159.9 linear feet of shoreline. Vegetation
on the parcel includes grass, coastal marsh, and non -coastal wetlands. The site topography
slopes to the water, with an average elevation of 11 feet.
Man-made structures on the lot include an existing bulkhead and pier with a boatlift and
platform. Construction of a single -family residence is currently underway at the site. The
adjacent subdivision parcel to the northeast is undeveloped. The adjacent parcel to the
southwest contains a single-family residence and pier that slightly encroaches on the Whitley
property, as shown on project plans.
Onslow Water and Sewer Authority (ONWASA) provides central water and sewer to the project
area. An abandoned 10" buried sewer outfall pipe crosses the area proposed for dredging, as
shown on project plans. The Town of Swansboro originally installed the outfall pipe for use with
the municipal sewer system. Several years ago, the Town transferred management of its water
and sewer infrastructure to ONWASA. ONWASA Geographic Information Systems Coordinator
Anthony Harris confirmed the location of the pipe as shown on project plans. Mr. Harris
Whitley Basin and Access Channel
Daniel and Katherine Whitley
Major CAMA Permit Application
May 10, 2022 RECEIVED Page 1
MAY 112022
DCM-MHD CITY

believes the pipe was abandoned around 2007 or 2009. According to Mr. Harris, outfall pipes
are typically filled with concrete when abandoned.
Existing water depths in the proposed boat basin range from -0' to -.6' NLW. Existing water
depths in the proposed access channel that would cross over the abandoned pipe range from
-0.5' to -2.0' NLW.
The waters of Fosters Bay adjacent the project site are classified as SC by the Environmental
Management Commission and are prohibited for the harvesting of shellfish. The project site is
not a Primary Nursery Area. The area to be excavated contains no wetlands, submerged aquatic
vegetation, or shell bottom.
Project Description
The owners wish to excavate a maneuvering and docking area (basin) adjacent the existing pier
and boatlift and an access channel to deep water to allow use of the dock at low tide. The
proposed basin as shown on project plans measures 15' to 50' in width and 54' long. The
proposed access channel measures 866.52 linear feet long and 15' wide. Both the basin and
access channel will be dredged to -2' NLW to match the depth of connecting waters.
Excavation of the basin will result in a dredging volume of 233.04 cubic yards. The channel area
dredge volume will be 427.36 cubic yards, for a total proposed dredging volume of 660.39 cubic
yards of mud and sandy material. Dredging calculations are shown on project plans. The area
proposed for dredging measures 18,600 square feet. As previously stated, the area to be
excavated contains no wetlands, submerged aquatic vegetation, or shell bottom.
Mr. Harris of ONWASA advised that outfall pipes are typically buried 3' below the creek bottom
surface. As such, the buried pipe should not be impacted by dredging at the proposed final
project depth of -2' NLW. A subsequent consultation with Tom Tharrington of the NC Division of
Water Resources resulted in the same conclusion.
The location of the spoil disposal site is not known at this time. The disposal site will be
determined by the dredging contractor at a future date and submitted to the Division of Coastal
Management for approval prior to beginning dredging. The spoil disposal pile dimensions shall
be equivalent to a mound 100 ft square, 2.02 feet tall with 3H:1V side slopes.
Whitley Basin and Access Channel
Daniel and Katherine Whitley
Major CAMA Permit Application
May 10, 2022
RECEIVED Page 2
MAY 112022
DCM-MHD CITY

Construction Methods
Excavation will utilize a barge mounted excavator. Dredged material will be offloaded into
dump trucks and trucked offsite. Spoils will be disposed at a site to be selected by the dredging
contractor and approved by the Division of Coastal Management prior to beginning dredging.
No wetlands will be crossed in transporting equipment to the project site.
Whitley Basin and Access Channel
Daniel and Katherine Whitley
Major CAMA Permit Application
May 10, 2022
RECEIVED Page 3
MAY 1 1 2022
DCM-MHD CITY

COASTAL PLANNING SERVICES, INC
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Mobile [phone]
kbvinson(a�ec.rr.com Fax [phone]
June 13,2022
Mr. Curt Weychert
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit Application
Daniel and Katherine Whitley
Dear Curt:
On May 10, 2022 a major CAMA permit application was submitted on behalf of Daniel and Katherine
Whitley for excavation of an access channel and small docking basin at their property located at 108
Elizabeth Way Court in Swansboro. We were subsequently notified that the 401 pre -filing meeting
request requirement had been re -instituted. Enclosed are the following items in support of the application:
• A copy of the 401 pre -filing meeting request and receipt confirmation.
• Revised project narrative. The only changes are regarding the pre -filing requirement.
• USPS green card receipts from certified mail notifications to adjacent riparian property owners
Khuan Ng Kim and Frances Gazza.
Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or
need additional information. I look forward to working with you on this project.
Sincerely,
V
Kathy B. Vinson, AICP
Enclosures
RECEIVED
JUN 13 2022
DCM-MHO Cr-rl=

COASTAL PLANNING SERVICES, INC
Kathy B. Vinson, AICP
Comprehensive Land Use Planning and Development Assistance
P.O. Box 827 Office 252.354.4916
Morehead City, NC 28557 Mobile [phone]
kbvinson(kec.rr.com Fax [phone]
May 10, 2022
Mr. Curt Weychert
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Re: Major Permit Application
Daniel and Katherine Whitley
Dear Curt
Enclosed are the major CAMA permit application and one copy of project plans prepared on behalf of
Daniel and Katherine Whitley for excavation of an access channel and small docking area (basin) at their
property located at 108 Elizabeth Way Court in Swansboro. The purpose of the project is to provide
improved boating access to their property.
Coastal Planning Services, Inc. check # 1412 in the amount of $400.00 for the permit application fee is
also enclosed. The adjacent riparian property owners have been notified of the project plans by certified
mail. Green card return receipts will be submitted to you as soon as the Post Office returns them. I will
provide the additional required large -format copies once your review is complete.
Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or
need additional information. I look forward to working with you on this project.
Sincerely,
Kathy B. Vinson, AICP
Enclosures
RECEIVED
MAY 112022
DCM-MHD CITY

ON MP-1
APPLICATION for
Major nevelopment Permit
(last revised 12/27106) .
North Carolina DIVISION OF COASTAL MANAGEMENT
1. PrimaryApplicant/ Landowner Information
Business Name
Project Name ('if applicable)
Whitley Boat Basin & Access Channel
Applicant 1: First Name
MI
Last Name
Daniel
Whitley, III
Applicant 2: First Name
MI
Last Name
Katherine
W.
Whitley
If additional applicants, please attach an additional page(s) wi ' ames listed.
Mailing Address
PO Box
city
State
Na
Swansbbro
NC
108 Elizabeth Way Court
ZIP
Country
Phoae No.
FAX No.
28584
USA
252 - 670 - 3555 ext. n/a
n/a -
Street Address (d different from above)
City
S
ZIP
n/a
N/A
n/
n/a-
Email
or
[e-mail]
2. Agent/Contractor Information
Business Name
Coastal Planning Services, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Kathy
B.
Vinson
Agentl Contractor 2: First Name
MI
Last Name
n/a
n/a
n/a
Mailing Address
PO Box
city
State
827
Morehead City
NC
ZIP
Phone No. 1
Phone No. 2
28557
252 - 240 - 9297 ext. Na
252 - 354 - 4916 ext. Na
FAX No.
Contractor #
252 247 5875
Na
Street Address (d different from above)
City
State
ZIP
N/A
Na
Na
n/a
Email
[e-mail]
<Form continues on back>
MAY 112022
252-808-2808 :: 1-888-4RCOAST :: www.nceoastalmanageQQM7MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
S. Project Locadon
County (can be multiple)
Street Address
State Rd. #
Onslow
108 Elizabeth Way Court
n/a
Subdivision Name
City
State
Zip
Elizabeth's Way
Swansbono
NC
28584 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
n/a - ext.
5,
1 1 ,
a. In which NC river basin is the project located?
b.
Name of body of water nearest to proposed project
White Oak
Fosters Bay
c. Is the water body identified in (b) above, natural or manmade?
d.
Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Atlantic Intracoastal Waterway
e. Is proposed work within city limits or planning jurisdiction?
I.
If applicable, list the planning jurisdiction or city limit the proposed
®Yes [:]No
work falls within.
Town of Swansboro
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
159.9linear feet
35,535
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
35,535, 1 1
NWL (normal waterleyeq
(If many lot sizes, please attach additional page with a list)
11' ❑NHW or ®NWL
e. Vegetation on tract
Grass and wetland vegetation
f. Man-made features and uses now on tract
Single-family residence under construction, bulkhead, residential pier
g. Identify and describe the existing land uses addacent to the proposed project site.
Residential properties - undeveloped to the northeast, developed to the southwest
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-20SF (single-family residential)
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom? n/a
I. Is the proposed project located in a National Registered Historic District or does ft involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page> RECEIVED
MAY 112022
252-808-2808 .. 1-888.4RCOAST .. www.nccoastaimanageme0CWMHD CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes []No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (1) or (il) above, has a delineation been conducted? ❑Yes ®No
(Attach documertation, if available)
n. Describe existing wastewater treatment facilities.
Sewer provided by Onslow Water and Sewer Authority (ONWASA)
o. Describe existing drinking water supply source.
Drinking water provided by ONWASA
p. Describe existing storm water management or treatment systems.
Low Density Stormwater Subdivision
& Activities and Impacts
a.
Will the project be for commercial, public, or private use?
[]Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Project will provide boating access for owners and guests.
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Bucket to barge: one excavator mounted on a barge will transfer spoils onto a dump truck. The barge will be stored in deep
water and the dump truck on high ground.
d.
List all development activities you propose.
Excavation of a small basin and access channel connecting to deep water.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New
f.
What is the approximate total disturbed land area resulting from the proposed project?
none ❑Sq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
®Yes ❑No ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
Sheet flow runoff to Fosters Bay.
I.
Will wastewater or stommvater be discharged into a wetland?
[]Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No ®NA
I.
Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
REGtivtu
MAY 112022
252-808.2808 .. 1.888-4RCOAST .. www.nccoastalmanagem QGV6MHD CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. AdditionalInformation
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Khuan Ng Kim Phone No.
Address 1 D6 Elizabeth Way Court, Swansboro, NC 28584
Name Frances Gazza Phone No.
Address 73 Island Estates Pkwy, Palm Court, FL 32137-2204
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
SW8 040717 updated, transferred, and reissued to Elizabeth's
Way Homeowners Association, Inc. on 12/8/2015
h. Signed consultant or agent authorization forth, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date _5/10/2022 Print Name _Kathy B. Vinson, agent
Signature LYI.✓� V t �+ —�
T
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development RECEIVED
❑DCM MP-4 Strictures Information
MAY 112022
DCM-MHD CITY
252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

C
AMA
NOT IC1:
PERMIT
APPLIES FOR
PROJECT: Excavate a
new
private
boat basin and
access channel
within
the
waters
of Foster Creek
COMMENTS ACCEPTED THROUGH __ March 31, 2021
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Daniel and Katherine Whitley r curt weychert - DCM
108 Elizabeth Way Ct. 400 Commerce Avenue
Swansboro, NC 28584 Morehead City, NC 28557
(252) 515 - 5400

7 019 0160 0000 1777 8464 0 Restricted Delivery Restricted Delivery
PS Form 3811, July 2015 P8N 7530-02-000-9053 Domestic Return Receipt
■ 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.
1. Article Addressed to:
MS- N3 Kra,
104 4'1eza&4-< "I Corrt
rsij6tMCbdro) /UC a$S4i�f
A. Signature
X r—clIze—rit
❑ Addres
q. Recev by annled NRn�) C. D eIlv
Is delivery address different from item 17 G Yes
If YES, enter delivery address below: ❑ No
`
Service Type
0 Priority d
I I II I IIII III I I I II IIIII I I III III II I IIIIII III3.
0 Adult
�w❑eenai
Restricted Delivery
❑Re Mail Restricteded
y
9590 9402 3799 8032 5913 32
l®
• Certified Mail Restricted Delivery
❑ Return Receiptfor
2. Article Number (Transfer from service iabell
❑ Collect on OaliGen,,
❑ Collect on Dalivery Restricted Delivery
Merchandise
13 Signature Conf eration-
rp
❑ Signature Confmnation
7 019 0160 0000 1777
8464 ill Restricted Delivery
Restricted Delivery
PS Form 3811, July 2015 PSN 7530-02-000-9053
Domestic Return Receipt
RECEIVED
MAY 112022
DCM-MHD CITY

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

December 16, 2022

Regulatory Division

Action ID No. SAW-2022-01603 and State Permit No. 109-22

Daniel and Katherine Whitley
108 Elizabeth Way Court
Swansboro, NC 28584
[e-mail]

Dear Mr. Whitley:

Reference your application for a Department of the Army permit to conduct new dredging for a
private boat basin and access channel in waters of Foster Creek, adjacent to 108 Elizabeth Way Court,
Swansboro, in Onslow County, North Carolina.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2026.

Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, email: [e-mail].

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

-2-

Enclosures:
GP 291 conditions/Special Condition (1-3)
CAMA permit No. 109-22, dated 10/10/2022
Plans dated 3/9/2022 and revisions 6/24/2022
401 Certification dated 8/25/2022
Manatee Guidelines

Electronic copies Furnished:
Coastal Planning Services, Inc; Kathy Vinson
NOAA/NMFS; Dr. Pace Wilber/ Ms. Twyla Cheatwood
NCDEQ/DCM; Gregg Bodnar/ Amanda Cannon
NCDEQ/DWR; Holley Snider
USFWS; Mr. Pete Benjamin/John Ellis
USEPA; Mr. Todd Allen Bowers
USACE-Navigation Branch; Justin Arnette

-3-

Special Condition
SAW-2022-01603
108 Elizabeth Way Court

1. In order to protect anadromous fish, no excavation or filling activities will be permitted within the
proposed basin and access channel, between the dates of April 1 and September 30 of any year
without the prior approval of the Corps.

2. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf

3. Per coordination with the U.S. Army Corps of Engineers Navigation Branch, the permittee and
their contractors are hereby advised that disposal of any dredged or spoil materials is prohibited
within the easement areas identified (shaded in orange) on the attached map.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally-listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee’s principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in-water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service’s review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water-related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that
there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service’s Raleigh Field Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangl ed. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~-------;? rt---ffr--.-/A ___ -
,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
Permit Class Permit Number
NEW 109-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Daniel and Katherine Whitley, 108 Elizabeth Way Court, Swansboro, NC 28584
Authorizing development in Onslow County adj. to Foster Creek, at 108 Elizabeth Way Ct.,
in Swansboro , as requested in the permittee’s application dated 6/20/22 (MP-1) and 5/10/22
(MP-2), including attached workplan drawings (2) Sheet 1 of 2 dtd 3/9/22 and Sheet 2 of 2 dtd “Rev 6/24/22”.
This permit, issued on October 10, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

All work must cease when the permit expires on

October 10, 2027

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Excavation

1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

2) No excavation shall take place outside of the area indicated on the workplan drawings.

3) Excavation shall not exceed -2 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.

(See attached sheets for Additional Conditions)

Daniel and Katherine Whitley Permit No. 109-22
Page 2 of 3

ADDITIONAL CONDITIONS

4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawings.

6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

Dredge Material Disposal

7) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.

8) The permittee is advised that no dredge material shall be placed within the U.S. Army Corps of Engineers
AIWW easement.

9) No dredge material shall be placed within 30 feet of the normal high-water line.

10) All excavated materials shall be confined above normal 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. The barriers shall be maintained and functional until the
site is graded and stabilized.

11) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed.

Maintenance Clause

12) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work 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
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.

Daniel and Katherine Whitley Permit No. 109-22
Page 3 of 3

ADDITIONAL CONDITIONS

USACE Conditions

13) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf.

Sedimentation and Erosion Control

14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

16) 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.

17) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-01603).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality
Certification No. 005115 and assigned the project DWR Project No. 2022-0992.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.

NOTE: 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.

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

August 25, 2022

DWR #20220992
Onslow County

Daniel and Katharine Whitely
108 Elizabeth Way Court
Swansboro, NC 28584

Subject: Approval of Individual 401 Water Quality Certification
Whitely dredging for a boat basin and access channel
USACE Action ID. No. SAW-2022-01603

Dear Mr. and Mrs. Whitely:

Attached hereto is a copy of Certification No. WQC005115 issued to Daniel and Katharine Whitely dated
August 25, 2022. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].

Please understand that the waters around your project area have been identified as a Nursery Area and
requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B
.0222 which requires that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and
fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis.

This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and
Trout Buffer regulations.

This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.

Upon the presentation of proper credentials, the Division may inspect the property.
DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 2 of 11

This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.

Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.

The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5].

This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].

A party filing a Petition must serve a copy of the Petition on:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact John Perry at 910-796-7215 or [e-mail] if you have any questions
or concerns.

Sincerely,

Tom Tharrington
Assistant Regional Operations Supervisor

DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 3 of 11

Electronic cc: Kathy Vinson (via email)
Liz Hairr, USACE Wilmington Regulatory Field Office (via email)
Gregg Bodner, DCM Morehead City Office (via email)
Todd Bowers, EPA (via email)
DWR 401 & Buffer Permitting Branch Electronic file

Filename: 20220992_Whitely 108 Elizabeth Way_IWQC_OnslowCo_Aug.22.docx

DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 4 of 11

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC005115 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Daniel and Katharine Whitely, who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
June 22, 2022, and by Public Notice issued by the Division of Coastal Management on June 25, 2022.

The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.

The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
Open Waters
Boat basin and
access channel
0.43 acres

N/A CAMA Permit
Application Plan

This approval requires you to follow the conditions listed in the certification below.

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Moratoriums

You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC
Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC
Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine
Fisheries. If such activities should take place during periods of high biological activity (e.g.
anadromous species and shorebirds), biological monitoring may be required at the request of
other state and federal agencies and coordinated with these dredging activities.

Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125

Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.

DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 5 of 11

2. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.

Citation: 15A NCAC 02B .0221

Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.

3. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-
7215) Regional Office, as applicable, are notified and provide approval prior to the release.

Citation: 15A NCAC 02B .0221

Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture, and
shellfishing for marketing purposes) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.

4. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall
not be dredged to a depth deeper than the receiving water. In this case a boat basin is
authorized to a connecting depth of -2 feet Mean Low Water adjacent to the existing docking
facility.

Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)

Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.

5. All wetlands impacted by the placement of temporary construction equipment, materials and/or
clearing activities shall be restored to the preconstruction contours and elevations. The
impacted areas shall be revegetated with appropriate native species including woody species.
Citation: 15A NCAC 02H .0506(b)(2)
DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 6 of 11

Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 7 of 11

reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 8 of 11

fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 9 of 11

Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
13. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
14. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
15. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 10 of 11

the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
16. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
17. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
18. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
19. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Whitely 108 Elizabeth Way
DWR# 20220992
Individual Certification #WQC005115
Page 11 of 11

provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]

This, the 25th day of August 2022

Tom Tharrington
Assistant Regional Operations Supervisor

TT/JP

DocuSign Envelope ID: 4B9A300E-8592-4678-9079-A14B0B8C992F