98-22 DJM-NC LLC

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
98-22
Issued to DJM-NC LLC 1838 Sir Tyler Drive Suite 210 Wilmington NC 28405
Authorizing development in New Hanover County at adi. to AIWW at 1970 Deep Creek Run (Lots 1, 2, 3)
in Wilmington, as requested in the permittee's application did "revised 7/14/22" (MP-1 MP-4), and 7/21/21 (MP-3), incl.
wk pin dwgs (5) Sheet 1 did 7/19/21, Sheet 2 did 1/18/21, Sheet 3 did 7/12/21, Sheet 4 did 1/21/22, & Sheet 5 did "revised 7/14/22".
This permit, issued on September 21, 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
>f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be nun ano voia.
Docking Facility
1) This permit authorizes only the docks, piers, gazebos, boatlifts, and other structures and uses located
in or over the water that are expressly and specifically set forth in the permit application. No other
structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
2) This permit authorizes a maximum of 6 formalized boat slips.
(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
September 21, 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 aumorny or the secretary of vny anu me �udu
of the Coastal Resources Commission.
�f For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

DJM-NC, LLC Permit No. 98-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established pier -head line.
4) Should Lot 2 be sold prior to the initiation of construction of the docking facility, the owners of Lot 1
and Lot 3 shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
6) Any portion of the permitted access piers and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.
7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
8) The authorized gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.
9) The roof of each gazebo shall not be designed for second story use.
10) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
11) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
12) This permit does not authorize any dredging in association with the authorized docking facility.
Upland Development — Retaining/Landscape Wall
13) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the retaining wall and stone
landscape wall, all as expressly and specifically set forth in the attached permit application and workplan
drawings.

DJM-NC, LLC
ADDITIONAL CONDITIONS
Permit No. 98-22
Page 3 of 3
14) The limits of disturbance associated with the construction of the authorized retaining wall shall be
limited to the area necessary to set the tiebacks and for the purposes of backfilling, all as depicted on the
attached workplans. Excessive grading or land disturbance may require Erosion and Sedimentation
Control Plan authorization. Unless specifically altered herein, any grading or land disturbance activity
located outside this area may require a modification of this permit.
15) No backfill or excavated material shall be placed within 30 feet of the normal high-water line.
Sedimentation and Erosion Control
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
17) 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
18) 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.
19) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.
20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5023 and assigned the project DWR Project No. 2022-0410.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

DCM Coordinator: L UJA Permit #: q $-ZZ
MAILING DISTRIBUTION SHEET
Permittee: _VJm-NCt U,e t IS3SS S; �v�er`j7ct�e, Su-k ZI(0, knn YWnkk;Nt4mbf
Agents: -S sow_
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington "�� (OBJECTIONS )
'ti.ca
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: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO) Clif Whitfield (WARD)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger-401
TBD - 401
Jimmy Harrison
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (fender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: DJM-NC, LLC COUNTY: New Hanover
PROJECT NAME: 1970 Deep Creek Run
LOCATION OF PROJECT: 1970 Deep Creek Run, adj. to AIWW in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-11-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Elks
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 3-18-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 5-25-22
MAIL OUT DATE: 3-15-22
PERMIT FINAL ACTION: ISSUE DENY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $400 (60/40)#1020
END OF NOTICE DATE: 4-8-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 4-8-22
RECEIVED
fAAR 15 2022
DCM-MHD CITY
AGENCY
TIONS:
NO
NOTES
DCM — Field Rep
EYJE
DCM — LUP Consistency Determination
Local Permit Officer
Co..,
Corps of Engineers — Regulatory Branch
DWR-401 Section
17hox
%()%ZO�I�I� Ivu, 5b13
DWR — Public Water Supply
Cm W___.dt
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
DMF— Shellfish Section
to (A�we'A
DMF — Habitat & Enhancement
(y
31
DNCR — Archives & History
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
3
3
p

DCM Coordinator: Cam Luck
County:
NV�
Circle 4
e: Bio Rep /Permit for:
Oversize sent4
WIRO E-MAIL DISTRIBUTION SHEET
- N "xi "t,
Permit #: - f%
DCM Offices: '
Morehead City: PT (if oversize) via Courier N
`cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
'MHC documents (Cam & Amanday,
Wilmington: Original hard -copy „J--
ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: r & Carteret Co): PN, CL, Reports, Split Sheet _
use both [e-mail]. miI (NH/BR): PN, CL, Reports, Split Sheet
eg Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: v4riolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
1 (PN/ON): PN, CL, Reports, Split Sheet_
Div of Water Resources: .6heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
----------------- ------- - -- -----------------------------------------------------------------------
Marine Fisheries: im Hardin
DCM Planner/WiRO:
Vw1e Christenbury _
Cultural Resources:
Xnee Gledhill -Earley Environmental. Review(cDncdenraov_
Natural Heritage Prog.
vOcciney Butler _
DCA-Rural Eco. Dev:
4ark Ziegler
NC DOT:
vid Harris
Wildlife Resources:
✓MMZaria Dunn w/Reports
State Property Office:
`Tiq� Walton: DEED
„Mil wMoser_
anda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
✓Jeomy Humphrey (Bio)lShannen Jenkins (Po
ron Gupton, Admin
DEMLR: "Chfistine Hall - Stormwater Section
an Sams - Land Quality Section _
Public Water Supply: "Heidi Cox
City of Wilmington:��/� n
Enforcement: "Fieelld Rep: t" 1 I� `ao L/w
Co. LPO
Agent:
RECEIVED
MAR 15 2022
DISTRIBUTED: v!
DCM-MHD CITY

Recommendations for State Permit — DJM•NC, LLC c/o Dan Smith 3/1412022
1970 DeeD Creek Run Shoreline lenath =194'
Lot 1 shoreline allocated: 59' x 8 = 472 ft2 (maximum allowable)
Proposed pier below NHW = 6' x 180' =1,080 ft2 (credit)
Proposed floating dock =16' x 8' =128 ft2
Proposed gazebo =16' x 16' = 256 1112
Proposed boatlift =14' x 14'=196 ft2 (not counted)
TOTAL = 384 ft2
Lot 2 shoreline allocated: 80' x 8 = 640 ft2 (maximum allowable)
Proposed pier below NHW = 6' x 160' = 960 1112 (credit)
Proposed floating dock =16' x 8' =128 ft2
Proposed gazebo =16' x 16' = 256 ft2
Proposed boatlift =14' x 14'=196 ft2 (not counted)
TOTAL = 364 ft2
Lot 3 shoreline allocated: 55' x 8 = 440 ft2 (maximum allowable)
Proposed pier below NHW = 6 x 150' = 900 ft2 (credit)
Proposed floating dock =16' x 8' =128 ft2
Proposed gazebo =16' x 16' = 256 ft2
Proposed boatlift =14' x 14'=196 ft2 (not counted)
TOTAL = 384 111:2
Per the New Hanover 2016 Land Use Plan, "Dredging activities in Primary Nursery Area (PNA), Outstanding Resource Waters
(ORW), and shell fishing Waters (SA), should be avoided...", and based on water depths taken by the DCM on September 16t^,
2021, the proposed slips would currently have approximately 2' of water at a normal low tide. This office supports the
recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to
shallow bottom. Should concerns be expressed over potential impacts from any of the resource agencies, the project could
then be found to be inconsistent with NCAC 07H .0208(a)(2), which requires that the location, design and need be consistent
with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse
impacts upon the productivity and biological integrity of spawning and nursery areas.
It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H ,0208(b)(6), including the eight -
square foot rule and the pier width rule. This office has no objection to the proposed work, provided it is consistent with all
other local, state, and federal permitting requirements. Any permit issued should include standard conditions for private
docking facilities.
RECEIVED
MAR 15 2022
DCM-MHD CITY

ROY COOPER
Governor
ELUMETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 2022
MEMORANDUM.'
NORTH CAROLINA
EnKronrrtentalQuaRty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckno NCDENR.noy
SUBJECT: LAMA /D 8 F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adj. to the A1WW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, floating dock and boatlift, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 8, 2022, if you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: ✓ This agency has no objection to the project as proposed.
"*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Z!`YttL (�wC&a L a
AGENCY Co`.
SIGNATURE
40 V�0
oaw.�auw®aiasy�
DATE y/ 2 oZZ
RECEIVED
MAR 2 8 2022
North Carolina Department of Environmental Quality I Division of Coastal MnarM�P��1mUCTICIN
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carelet McsMHD CITY
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca me ro n. I u c k (c)N C D E N R. q ov
SUBJECT: CAMA ID & F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adi. to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, floating dock and boatlifl and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 8, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins RECEIVED
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality MAR 171011
MP SECTION
DCM - MHD CITY
SIGNATURE S4 84ataysanfor Shannon Jenkins DATE 03/17/2022
North Carolina Department of Environmental Quality I Division orCoastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
mn��mwwwnwaw� �"�
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28567
Fax: [phone] (Courier11-12-09)
cameron.luck(cD NCDE N R. o ov
SUBJECT: CAMAID8F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adj. to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, floating dock and boatlift, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
retum this form to Cameron Luck at the address above by April 8, 202Z If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. Six slips are proposed. Memo attached
PRINT NAME Wanda Hilliard
AGENCY 'S,(tlatt��e�"P��r��o��pertrOffice
u SIGNATURE "' rn0�o- 1 DATE March 22 2022
ECEIVEC
MAR 2 2 2022
MP SECTION
DCM - MHD CITY
0Z North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
e w mvuamv;11� 910.7%.7215

Roy Cooper, Governor
TO:
North Carolina
Department of Administration
State Property Office
March 22, 2022
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[e-mail]
FROM: Wanda Hilliard WQ/yloE4 G (�so�or'
Real Property Agent
Department of Administration
Applicant: DJM-NC, LLC
Pamela B. Cashwell
Secretary
Tim Walton
Director
Project Location: 1970 Deep Creek Run, adj. to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall, stone
landscape wall on the highground, three (3) new private docking facilities, each with a
gazebo, floating dock and boatlift, and a new dredge footprint to connect the docking
facilities to deeper water. A total of six (6) slips are proposed, two (2) slips for each of
the three subdivided riparian parcels.
Please confirm that the facilities are not located within the I000'USACE AIWW casement area. If not, then the
State Property Office has no comment on the proposed project.
RECEIVED
MAR 2 2: 2022
MP SECTION
DCM-- MHD CITY
State of North Carolina I State Property Office
n6 West Jones Street, Suite 4055 11321 Mall Service Ctr. I Raleigh, NC 27699
984 236 0270 TI Web: http://w .ncspo.com

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
[e-mail]
SUBJECT: CAMAID&F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adj.. to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, floating dock and boatlifl, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 8, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY:
PRINT
AGENCY
This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. RECEIVE®
Mark Brown
Public Water Supply
SIGNATURE fgQA 91,, rr.
MAR 1 8'1022
NIP SECTION
DCM - MHD CITY
DATE 3/17/22
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
o�un ate\ r
910.796.7215

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, DJM-NC LLC -
New Hanover County
Date: September 13, 2022
This project is consistent with the 2016 New Hanover County Comprehensive Land
Use Plan.
The applicant proposes to construct a new vinyl bulkhead style retaining wall, stone
landscape wall on the high ground, three new private docking facilities, each with a
gazebo, floating dock and boatlift, and a new dredge footprint to connect the docking
facilities to deeper water. A total of 6 slips are proposed, 2 for each of the three
subdivided riparian parcels. in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW, and
PTA. Waters at the project site are classified as SA ORW and are open to the harvesting
of shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection and Conservation.
In general, New Hanover County allows development in Resource Protection and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The New Hanover County Land Use Plan contains some policies, which
exceed the State's minimum use standards, including those for marinas and community
boating facilities. However, none of these policies appear to be applicable to this project.
This project is consistent with the 2016 New Hanover County Land Use Plan.
File

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Direcrar
March 15, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron luck(aNCDENR oov
SUBJECT: CAMAID&F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adj. to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, floating dock and boatliff, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
Proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 8, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at(910) 796-7424 when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME_ �� �✓ (/ ¢� �1 f /
AGENCY N_ C D Epp, O( CaInpytAya
SIGNATURE 61 " ✓ '� � L'. 9 ;
�DEQ�
DATE 3 3 iAE L)
MAR 3 1 ZOZZ
MP SECTION
DCM - MHn rlr
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
M796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
came ron.luck(a) NC DEN R.gov
SUBJECT: CAMA /D & F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adi. to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, Floating dock and boatliR, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 8, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at(910) 796-7424 when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
XThis 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. RECEIVED
PRINT NAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE
JUN 0 82022
MP SECTION
DCM MHD CITY
DATE 06/06/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405
u�nae.,o.�wany�
910.796.7215

ROY COOPER
Governor
ELIZABETH S. B1SER
Secretary
KATHY B. RAWLS
Director
MEMORANDUM:
TO: Cameron Luck, Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: 2016 / 2020 Deep Creek Run Docking Facilities
DATE: June 06, 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that impact fish and fish
habitats. The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the high ground, three new private docking facilities, each with a
gazebo, floating dock, and boatlift, and a new dredge footprint to connect the docking
facilities to deeper water. A total of six slips are proposed, two slips for each of the three
sub -divided riparian parcels. The waters of Middle Sound/AIWW are classified SA-ORW by
the Division of Water Resources and are not designated as a Primary Nursery Area (PNA)
by the N.C. Division of Marine Fisheries. They are open to the harvest of shellfish.
On April 29, 2022, representatives from DMF, DWR and DCM conducted a site visit to verify
water depths and conduct a submerged aquatic vegetation survey (SAV). Water depths
were found to be consistent with the proposal design and no SAV were found in the project
area. The project site is located within Outstanding Resource Waters (ORW), near areas of
mapped SAV and is considered suitable SAV and shellfish habitat.
The EMC classification of ORW recognizes specific surface waters that are of especially high
quality. The ORW designation indicates areas that are "the best of the best" and seeks to
retain those exceptional qualities. Shallow soft bottom is an important foraging habitat for
juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment,
nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to
some extent by most native coastal fish species in North Carolina. The habitat is
particularly productive and, by providing refuge from predators, is an important nursery
area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot,
Atlantic croaker, sea mullet, and rays (Deaton et al. 2010).
The six proposed boat lifts and associated floating docks are sited in 18"-2' NWL. The
Division recommends a minimum of 2' NWL water depth measured from the substrate for
floating structures in designated or critical resource areas. Therefore, the 99&VED
JUN 0 82022
State of North Carolina I Divlslon of Marine Flsheries MP SECTION
3441 Arerndell Street I P.O. Box 769I Morehead City, North Catalina 28557 DCM MHD Cn
252-726-7021

recommends physical stops be installed on the floating docks and limit switches installed
on the boat lifts for 2' above the substrate.
The proposal also includes a large dredge component surrounding the entire three pier
project area contacting the boat lifts to 3' NWL water. The Division has concerns about the
large amount, 7,014 ft2, of important SAV habitat, shellfish habitat and shallow bottom
habitat being proposed for excavation. Water depths under the proposed boatlifts were
verified approximately 2' NWL, therefore, the Division has determined the proposed
excavation of shallow soft bottom, that includes SAV habitat, and shellfish habitat is not
justified by the applicants need and purpose.
Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-
796-7286 or at kimberlee.harding(Oncdenr.eov with any further questions or concerns.
RECEIVED
JUN 082022
MP SECTION
State of North Carolina I Division of Marine Fisheries DCM MHD CITY
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

DocuSign Envelope ID: D0720EOF-CO96-4OF2-B56D-1 DlO6E373565
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 20, 2022
DWR # 20220410
New Hanover County
DJM-NC, LLC
Attn: Dan Smith
1838 Sir Tyler Drive, Suite 210
Wilmington, INC 28405
Subject: Approval of Individual 401 Water Quality Certification
1970 Deep Creek Run- Residential Docking Facilities
USACE Action ID. No. SAW-2022-00662
Dear Mr. Smith:
Attached hereto is a copy of Certification No. WQC005023 issued to Dan Smith and DJM-NC, LLC, dated
July 20, 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 note that the area surrounding the project sites are located within Topsail and Middle Sound
Outstanding Resource Waters Area (SA;ORW) and contains submerged aquatic vegetation (SAVs) habitat
and shellfish producing habitat. No impacts to SAV habitat or shellfish producing habitat are authorized
by this certification outside the approved impacts specified herein.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
� �}� 127 Cardinal Drive Ext, I Wilmington, North Carolinh 28405
uwnmwxr m+ �/ 910.796.7215
>.uwmrmwne.�n�mv� /vim

DocuSign Envelope ID: D0720EOF-CO9640F2-B56D-1D106E373565
D1M-NC, LLC c/o Dan Smith
DWR# 20220410
Individual Certification #WQC005023
Page 2 of 12
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
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 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 Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.
Sincerely, ooeuslaned by:
Ev%bml& satn&,�—Lvj
E3ABA14AC7OC434...
Morella Sanchez -King
Regional Operations Supervisor
Electronic cc: Debbie Wilson, consultant
North Carolina Department of Environmental Quality I Division of Water Resources
®E Q2_� 512 North Salisbury Street 1 1617 Mail Serviee Center I Raleigh, North Carolina 27699-1617
919.707.9000
uum.r nm.im;�

DocuSign Envelope ID: D0720EOF-0096-40F2-B56D-1D106E373565 DJM-NC, LLC c/o Dan Smith
DW R# 20220410
Individual Certification #WQC005023
Page 3 of 12
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20220410_1970 Deep Creek Run_IWQC_NHCo_Jul.22.docx
0.
®� �1. North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�^ 919.707.9000
�mo,w.ea,mmi m,� /'�

DocuSign Envelope ID: D0720EOF-CO964OF2-B56D-1D1O6E373565
DJM-NC, LLC c/o Dan Smith
D W R# 20220410
Individual Certification #WQ0005023
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005023 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 Dan Smith and DJM-NC, LLC, who have authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources (Division) on
March 15, 2022 and subsequent information on July 14, 2022, and by Public Notice issued by the Division
of Coastal Management on March 18, 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
Amount Approved
Plan Location or
(units) Permanent
(units) Temporary
Reference
404/401 Wetlands
Three (3) access piers
Project narrative
Coastal Wetlands
0.07 acres shaded
N/A (acres)
and revised
404 Wetlands
0.06 acres shaded
I
drawings
Open Waters
IReceived
on
Three (3) piers and
0.11 acres incorporated
N/A (acres)
July 14, 2022
docking facilities
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 048.0125
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,
eeK North Carolina DepartmentofEnwonmental Quality I Division of Water Resources
��� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
nnriwm�w 919.707.9000
RpMSIMMFemmlpvl�

DocuSign Envelope ID: D0720E0E-009640F2-B56D-1 D106E373565
DJM-NC, LLC c/o Dan Smith
D W R# 20220410
Individual Certification #WQC005023
Page 5 of 12
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.
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; (1) 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 028.0221
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.
All wetlands impacted by the placement of temporary construction equipment, materials 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 O2H .O5O6(b)(2)
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.
4. 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 .02001, 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 .O5O6(b); 15A NCAC 02H .05O7(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.
5. 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 O2H .0506,• 15A NCAC O2H .05O7(c)
eo"North Carolina Department of Environmental Quality I Division of Water Resources
®� ��� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 276994617
urnrinwx nn 919.707.9000
RyvMeel W FnReecdlm�

DocuSign Envelope ID: D0720EDF-0096-40F2-B56D-1D106E373565
DJM-NC, LLC c/o Dan Smith
D W R# 20220410
Individual Certification #WQC005023
Page 6 of 12
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. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in
Chapter 2B of Title 15A in the North Carolina Administrative Code.
Citation: 15A NCAC 02H .0506(b); 15A NCAC' 02H .0507(c)
Justification: The referenced Riparian Buffer rules were adopted to address water quality
impairments and further protect existing uses.
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
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-ll, High Quality Waters (HOW), 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 NCACO2B .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 offish, aesthetic quality, or impair the waters for any designated
North Carolina Department of Environmental Quality I Division of Water Resources
®� �2�
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
RgM[gNlMaaauttl OOM\ /—
919.707.9000

DocuSign Envelope ID: D0720EOF-CO96-40F2-1356DAD106E373565
DJM-NC, LLC c/o Dan Smith
D W R# 20220410
Individual Certification #WQC005023
Page 7 of 12
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.
8. 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 offish, 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. 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); ISA 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.
®F& �Z. North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
5 "'*"' "r^ 919.707.9000

DocuSign Envelope ID: D0720EOF-0096-40F2-B56D-1DlO6E373555 DJM-NC, LLC c/o Dan Smith
DWR# 20220410
Individual Certification #WQC005023
Page 8 of 12
10. 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 028
.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 offish, 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.
11. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is widerthan the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5%culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
���,,rr North Carolina Department of Environmental Quality I Division of Water Resources
E Q2 } 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
� awm iw �/ 919.707.9000
ana.rcnme......+=mi o..\ S .

DocuSign Envelope ID: D0720E0E-G096-40F2-B56D-1 D106E373565 D1M-NC, LLC c/o Dan Smith
DWR# 20220410
Individual Certification #WQC005023
Page 9 of 12
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for ail
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.
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)
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 offish, 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. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
North Carolina Department of Environmental Quality I Division of Water Resources
®E 1�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
cwrmemoiu.mmnmi mv�

DocuSign Envelope ID: 00720EOF-0096-40F2-B56D-1D7o6E373565 D1M-NC, LLC c/o Dan Smith
DWR# 20220410
Individual Certification #WQC005023
Page 10 of 12
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 offish, 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.
14. 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.
15. 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 instate 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.
16. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
North Carolina Department of Environmental Quality I Division of Water Resources
®E Q:> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
ivrm�iawx�w 919.707.9000
m.nnwwro,wa�imr�

DocuSign Envelope ID: D0720EOF-0095-40F2-B56D-1D106E373565 D1M-NC, LLC c/o Dan Smith
DWR# 20220410
Individual Certification #WQ0005023
Page 11 of 12
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.
17. 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
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, 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.
18. 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), ISA 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.
19. 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: 15ANCACO2H.0507(c); N.C.G.S143-215.85(b)
Justification: Person(s) owning or having control over oil or othersubstances 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
North Carolina Department of Environmental Quality I Division of Water Resources
®� ���} 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
nvao cucr rvn �/ 919,707.9000
pynbi[NMrmmm6lYat�

DocuSign Envelope ID: D0720EOF-0096-40F2-B56D-1D106E373565
DJM-NC, LLC c/o Dan Smith
DW R# 20220410
Individual Certification #WQC005023
Page 12 of 12
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 instate 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.
20. 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 instate 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.
21. 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
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 22nd day of July 2022
Em
Ooeusignea by:
6yt a& Sabtt6—(Cl"
EMBA14AUDC434...
Morelia Sanchez -King
Regional Operations Supervisor
MSK/hs
North Carolina Department of Environmental Quality I Division of Water Resources
®� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
nr�u can �w 919.707.9000
awa.=mmm.n..em�omy�

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 2022
MEMORANDUM;
NORTH CAROLINA
Enivironmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckANC DENR.riov
SUBJECT: CAMAID & F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, adj. to the AWN,, Imilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining we//,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, Boating dock and boatli/t, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 8, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. RECEIVED
PRINT NAME MA,;I z I I �fn ✓1
JUN 15202Z
AGENCY �� (M1 2 C , MP SECTION
DCM MHD CITY
SIGNATURE � _ _ _ DATE Ca `I f' 7azz.
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
m.*miy
am.�wamiv 910,796.7215

Ut:.'c l'"dl�4i CI:.'
.. � ,1'.��� .

North Carolina Wildlife Resources Commission s�
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
RECEIVED
JUN 152022
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
Mp SECTION
DCM MHD CITY
DATE: June 14, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for DJM-NC, LLC, New Hanover
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 1970 Deep
Creek Run adjacent the AIW W in Wilmington, NC. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as
amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.).
The applicant proposes to construct a new 435' vinyl retaining wall waterward Section 404 wetlands and
six slips consisting of 2-slip docking facilities for each riparian lot. Each structure would consist of a 6'
wide pier, a terminal 16' by 16' gazebo, an 8' by 16' floating dock positioned perpendicular to shore, and
a boat lift within one slip. The length of the piers would be 221', 224', and 190'. Water depths submitted
by the applicant in the vicinity of the slips ranged from 16" to 36" NLW. The applicant proposes to
dredge a new 42' by 167 by -3' NLW. Approximately 390 CY of material would be removed and placed
in an approved upland spoil location. Middle Sound and the AIW W are classified SA-ORW by the
Environmental Management Commission and are open to shellfish harvesting.
The NCWRC has consulted with the NC Division of Marine Fisheries (NCDMF) after their site visit with
the NC Division of Water Resources (NCDWR) and NC Division of Coastal Management (NCDCM) to
determine presence of submerged aquatic vegetation (SAV). Water depths during the site visit were found
to be consistent with those presented in the permit application and the physical presence of SAV was not
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

1-,C", .) . "n (,I , "

Page 2
within the project area. However, the project is near areas of mapped SAV, is considered suitable habitat
for SAV and shellfish, and is classified as Outstanding Resource Waters. All of these are important
aquatic habitats and should be conserved to the greatest extent possible.
The NCWRC does not generally object to slips proposed in water depths of -2' NLW. This depth has
been observed to be sufficient to allow vessels of the size that would use the proposed slips ingress and
egress over substate and SAV without causing chronic disturbance to either habitat. We do request that
floating structures be sited in water depths of -2' NLW or include stops or measures to ensure the
structure does not sit on the substrate during low tide events. These stops would be installed at the -18"
depth to allow adequate space between the structure and the sediment.
Water depths within the proposed slip area were observed to be -2' NLW during the NCDCM site visit as
well as during the multiagency site visit Since this depth is considered adequate by our agency for slips,
we believe avoidance and minimization of impacts to important habitat areas could be demonstrated with
the removal of the dredge proposal. If the applicant would want to ensure vessels docked within the slips
did not rest on substrate and be protected from vessel traffic, lifts could be installed in each of the six
proposed slips rather than just three. The NCWRC would have no objection with increasing the number
of lifts to match the number of slips and would view this as minimization measure.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria. dum@ncwildlife. org
RECEIVED
JUN 15 2022
Mp SECTION
DCM MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
September 21, 2022
Mr. R. Robert El-Jaouhari, Esq. Sent by email to [e-mail]
Cranfill Sumner LLP
101 N. 3rd Street, Suite 400
Wilmington, NC 284011
Dear Mr. El-Jaouhari,
This letter is intended to notify you, as a representative of Mr. and Mrs. van der Vaart, of the
issuance of a CAMA Major Permit No. 98-22 for proposed development by DJM-NC LLC.,
located at 1970 Deep Creek Run, near Wilmington, in New Hanover County. The authorized
project consists of the construction of a new retaining wall and stone landscape wall on the high
ground, and three new private docking facilities. The proposed project has been determined to
comply with the Rules of the Coastal Resources Commission. and as such, a permit has been
issued to authorize the development. I have enclosed a copy of the permit modification for
reference.
If you wish to contest our decision to issue this permit, you may file a request for a Third -Party
Appeal pursuant to N.C.G.S. 113A-121.1(b). The Chair of the Coastal Resources Commission
will consider the case and determine whether to grant your request to file a Contested Case
Hearing in the Office of Administrative Hearings. The hearing request must be filed with the
Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. More information about this process as well as the forms
are available on DCM's website, here: htti)s•//deq nc.gov/about/divisions/coastal-
management/coastal-mana eg ment-permits/variances-appeals
If you would like to discuss the specifics of the process, please feel free to contact DCM legal
counsel DEQ Asst. General Counsel Christine, Goebel by email at [e-mail]
CC: DCM Wilmington, via email
DEQ Asst. GC Christine Goebel, via email
Sincerely,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
womr�
2525155400

Application Review Checklist
Letter A 11 q 75 5 L5
Aicant—20-1VC_JI Ll le
Pub A PlacardcA _3 3%t Comm`e
_
Computer I p
;ent ���� �il Deficiency Letter?
DWRACKDate 2DWR Statements /
hysical Address �A& eNp., 14� a�'IWW itLA lyhi Field Rep. VICAw, �Ikd
AECs —
`�IIMMA77
Habitat Development
Designations (Jj�IV! �A'��1 Buffer
Riparian Notification?
Green Card?
SIgnedForm?
yy
yObj Waive15' Fee Schedule "f co
Water
Dependent
(ql
U•h 1« v((II,�k ✓ x
Raparian rii;07) PH or
From Property line 1/4 width?
Nov/Channel Proximity
Residential
FT calculations 8ft' or 27ft'
ISSUES OF NOTE
5 W acr.-1 3 aCt
Commercial
UMy'1 4�rL.11
L. Dlk V CO
ALIL-
- Liz,' Nua
Deed?
AW-114--
�Q"' leco J,a , -CBD by Ca l dh I N,a44IN tnvr� l \,io Lod 2 ii)V,
COCIDOC
b" 3' NI,I,J _fA s� —2

Permit Checklist
Major Development Permit#
Excavation/Fill
Applicant
Address
I S S r Ty ec `)c;.rc sv.� VO IUc 2640S
County
Physical Location including j t y Waterbody Description Iq� �p� (�p.�.� k'l 'o ��. W W(
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
including Conditions
and Notes
DWR 401 Certification #
Permit Fee
MP1
MP2
MP3
MP4
MPS
17 z
2
7'I�
f z
USACE SAW #
Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: DJM-NC, LLC c/o Debbie Wilson
PROJECT NAME:1970 Deep Creek Run Upland Development, Dredging, and Docking Facilities
2. LOCATION OF PROJECT SITE:1970 Deep Creek Run, adjacent to the Atlantic Intracoastal Waterway, in Wilmington,
New Hanover County.
Latitude: 34'15'42.23" N Longitude: 77°46' 21.19" W
3. INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/16/2021 Applicant Present -Yes (agent)
5. PROCESSING PROCEDURE: Application Received - 9/7/2021(initial) 3/11/2022 (complete)
Office -Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - New Hanover County
Land Classification From LUP - Conservation (Open Water)
(8) AEC(s) Involved: PTA, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal
Planned - NIA
(F) Type of Structures: Existing: - Remnant bulkhead, old pilings, and silt fence.
Planned: - Vinyl bulkhead style retaining wall, stone landscape wall, 3 docking facilities
each with a gazebo, floating dock, and boat lift, a dredge footprint to connect the 3 docking
facilities to deeper water.
(G) Estimated Annual Rate of Erosion: NIA Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED EILLED OTHER
3,060 ftz
(A) Vegetated Wetlands (Coastal Wetlands)
Shaded
ftz
(B) Vegetated Wetlands (§404 Wetlands)
(Shaded)
7
4,680
(B) Non -Vegetated Wetlands
(Dredgedg inn g)
(Incorporated)
(Open water
10,630 ftz
(C) Other(Highground)
(Spoil disposal)
626 ftz
Retainin wall
(D) Total Area Disturbed: 27,816 ftz (-0.64 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
IVED
MAR 15 2022
B. PROJECT SUMMARY: The applicant proposes to construct a new vinyl bulkhead style retaining we -MHD CITY
landscape wall on the highground, three new private docking facilities, each with a gazebo, floating dock, and boatlift,
and a new dredge footprint to connect the docking facilities to deeper water. A total of 6 slips are proposed, 2 slips for
each of the three sub -divided riparian parcels.

DJM•NC,LLC
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 1970 Deep Creek Run adjacent to Middle Sound, near the City of Wilmington, New
Hanover County. The project site can be located from NC HWY 17 (Market Street) by traveling north on Market Street
to Middle Sound Loop Road. Turn right onto Middle Sound Loop Road and proceed through the traffic circle at Ogden
Elementary and continue to travel north approximately 1.8 miles until you reach Mason Landing Road. Turn left onto
Mason Landing Road unfit you reach Deep Creek Run, which will be located on the right. Turn right onto Deep Creek
Run until you reach the property of interest.
The project site totals approximately 5.24 acres in size and was maintained as a single-family residence. The parcel
sold in 2020 and has been subdivided into 5 lots, 3 of which are riparian and are included in this application. Adjacent
properties to the north and south are single-family home sites. The elevation of the subject property ranges from 2' —
27' above normal high water (NHW) with approximately 194' of shoreline. The highground vegetation includes a mix
of hardwood trees including oaks, lawn grasses, and ornamentals such as pampas grass and elephant ears. The
property slopes steeply down toward the water and on the northern side of the slope there appears to be groundwater
seeps that have created a stream -like wetland area dominated by Phragmites australis, and Scirpus sp. that flows into
the marsh. Waterward of the steep sloped highground are other pockets of §404 wetland that meet Coastal Wetland
and pieces of a remnant bulkhead. The §404 / Coastal Wetland transition is dominated by lawn grasses from the
former resident, pennywort (Hydrocotyle sp.), sea ox-eye (Borrichis frutescens), and salt meadow grass (Spartina
patens). The transitional high marsh descends into low marsh dominated by smooth cordgrass (Spartina altemiflora)
and sea lavender (Limonium sp.) into an open water slough approximately 57' in width fringed in low marsh, The east
side of the slough rises back up to a narrow strip of highground that runs roughly parallel with the shoreline and then
descends to designated Outstanding Resource Waters of the Atlantic Intracoastal Waterway (AIWW). Then; is
approximately 194' of shoreline associated with 1970 Deep Creek Run. No permit history was found for the subject
property.
The current New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent
high ground portion of the project area as Residential. The waters of Middle Sound/AIWW are classified SA-ORW by
the Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of
Marine Fisheries, They are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a new vinyl bulkhead style retaining wall, stone landscape wall on the
highground, three new private docking facilities, each with a gazebo, floating dock, and boatlift, and a new dredge
footprint to connect the docking facilities to deeper water. A total of 6 slips are proposed, 2 slips for each of the three
sub -divided riparian parcels. As of the date of this field report the parcel subdivision has been completed by New
Hanover County. As referenced in the drawings the new parcels are labeled from south to north: Lot 1, Lot 2, and
Lot 3. According to the applicant the proposed retaining wall would be approximately 435' in length with a 10' retum
wall on the southern end, constructed in a similar fashion to a bulkhead, positioned just landward of the delineated
§404 wetland line using vinyl sheets. The applicant proposes to also construct a 181' long stone landscape wall that
would connect to the northern end of the retaining wall and would be positioned on the landward side of the
delineated §404 wetland line on Lot 3 (see Sheet 4 of 6).
A 2-slip docking facility is proposed for each riparian lot consisting of a 6' wide pier, a terminal 16' by 16' gazebo, an
8' by 16' floating dock positioned perpendicularto the shoreline, with a boatlift in one of the slips. The length of the
proposed structure located below NHW (located waterward of the slough area) vary between each lot but are
approximately 221' in length for Lot 1, 224' in length for Lot 2, and 190' in length for Lot 3. The proposed boatlifts for
Lots 1 and 3 would encroach into the 15' riparian setback of Lot 2. The drawing labeled Sheet 4 of 7 was scaled off
of the surrey and shows Lot 1 has approximately 59' of shoreline with a 48' wide riparian corridor. Lot 2 has
approximately 80' of shoreline with a 75' wide riparian corridor and Lot 3 has approximately 55' of shoreline with a 50'
wide corridor. No encroachment into adjacent neighboring parcels is anticipated. RECEIVED
MAR 15 2022
DCM-MHD CITY

DJM-NC, LLC
Page 3
The water depths on the drawings submitted by the applicant in the vicinity of the proposed slips range from 16" to 3'
normal low water (NLW). The applicant proposes to dredge a new boat basin measuring approximately 42' in width
by 167' in length to -3' NLW (see Sheet 5 of 6). The applicant estimates approximately 390 cubic yards (CY) of
shallow bottom would be removed and states that the spoil disposal location would be determined by the dredge
contractor and approved by the Division of Coastal Management (DCM) prior to work commencing if permitted. The
water depths measured during the September 16, 2021 site visit ranged from 3' to 2' in the vicinity of the proposed
floating docks at an approximate 0.4 low tide.
An objection from the adjacent riparian property owner, the Honorable Donald van der Vaart at 1827 Register Lane
was received on September 9, 2021 through hired council, Cranfill Sumner, LLP and will be attached to the permit
application. The proposed docking facilities would extend approximately 170',163', and 147' for lots 1,2, and 3
respectively; slightly exceeding the %width rule at Lot 1, which, in this location is approximately 164' for the 655'
wide water body, however the proposed floating docks would be positioned at the pier head -line between two longer
docking facilities.
10. ANTICIPATED IMPACTS:
The proposed new 435' retaining wall would be constructed landward of any §404 or coastal wetlands and would be
installed like a bulkhead, disturbing an area of highground approximately 20' landward of the proposed wall location
for the installation of tie -backs. The private docking facilities proposed would incorporate approximately 4,680 ft2 of
open water Public Trust Area. The plans indicate that a maximum of 3,060 ft2 of Coastal Wetlands and 2,532 ft2 of
§404 wetlands would be shaded. The water depths measured during the DCM site visit on September 16, 2021, were
approximately at the -2' NLW contour. If the applicant chooses to pursue excavation the proposed dredge footprint
would impact 7,014 ft? of shallow bottom and 10,530 ft2 of highground if the approximate 390 CY are spread 1' thick,
Minor increases in turbidity should be expected during construction.
Submitted by: Katharine Elks Date: 3/14/2022 Office: Wilmington
RECEIVED
MAR 15 2022
DCM-MHD CITY

WILMINGTON OFFICE
'
°'N.7RDSTREET ,SUM 400"°'°"
POSTOFFE BOX 1950 IC
�� CRANFILL SUMNER"P
W11MINGTON, NORTH CAROLINA M403
XX
TELEPHONE (910) 777. m
FAX(910JIM6111
September 9, 2021
RALEIGHOFFICE
5420 WADE PARK BLVD.. SUITE 300(27607)
POSTOFFICESOX27M
RALEIGK NORTH CAROLINA 27611-7809
TELEPHONE [phone]
FAX(919)82&2277
VIA FEDERAL EXPRESS & E-MAIL
Tara MacPherson
District Manager, NC Division of Coastal Management
121 Cardinal Drive Ext.
Wilmington, NC 28405
tara.macpherson(a ncdenr.gov
PATRICKM WNCEY
ATIORNEYATLAW
DIRECTDIALO: [phone]
DIRECT FAX B: (910) 7776107
EMAIL: PWNCEY@aB W.COM
W'WW'TSNLAIV,[DM
R. ROBERT EL-JAOUHARI
ATTORNEYATLAW
DIRECTDIAL:[phone]
DIRECT FAX: [phone]
EMAJL: RJAOUHARIL1a CSHLAW,COM
I M1V CSNLAJY COSI
Re: Objection to CAMA Major Permit application by DJM-NC, LLC / Dan
Smith / 1970, 2016 and 2020 Deep Creek Run, Wilmington.
Dear Ms. MacPherson:
We represent the Honorable Donald van der Vaart and Sandy van der Vaart.
We write to respectfully object to a proposed development by DJ1VI-NC, LLC at 1970,
2016 and 2020 Deep Creek Run, Wilmington. The van der Vaarts own the residential
property at 1827 Register Ln., Wilmington, and have standing to object as the
contiguous owners to the proposed development who are unrelated to the developer.
The van der Vaarts object to the proposed development on various grounds.
Among other reasons, the van der Vaarts object because the currently -proposed
development should be considered by the Division and Department of Environmental
Quality alongside this applicant's prior work which includes moving a bulkhead and
dredging in apparent preparation for this project. When considered in their entirety,
these projects constitute a significant upheaval to the existing shoreline. The van der
Vaarts object to the extent the cumulative effects of the applicant's work are
inconsistent with legislative and regulatory protections of the same. Further
environmental impact studies are necessary prior to project approval and permitting.
The van der Vaarts also object because the applicant proposes 40-foot private
docks when adjacent landowners were otherwise restricted to 24-foot community
docks. The van der Vaarts also object to the proposed project's failure to consider or
provide for docking vessels' offshore sewage discharge and the likelihood for such
milawful discharge into the AIWW.
RECEIVED
MAR 15 2022
rqECEIVEr)
DCV WILMINGTON, NC
()CM-MRD CIT�

Ms. Tara MacPherson
September 9, 2021
Page 2
Without further limitation, the van der Vaarts reserve the right to supplement
their objections to this project as appropriate and pursuant to further investigation
into the proposed project.
Please do not hesitate to contact us if we can answer any questions.
Sincerely,
Patrick M. Mincey
R. Robert El-Jaouhari
cc: DJM-NC, LLC
c/o Debbie Wilson Consulting (via e-mail only: [e-mail])
Katharine Elks (via e-mail only: [e-mail])
Gregg Bodnar (via e-mail only: [e-mail])
4823-9989-9642, v. 1
RECEIVED
MAR 15 2022
DCM-MHD CITY
RECEIVED
DCM WILMING T ON, NO

Narrative
Revised 7/14/22
As acting agent for DJM-NC, LLC c/o Dan Smith, I am submitting a CAMA
Major Permit application for their property located at 1970 Deep Creek Run,
Wilmington, in New Hanover County. The existing property is to be subdivided
into 3 separate waterfront lots each with its own docking facility. As proposed,
each pier will be 6' in width and varying lengths (Lot 1 = 410', Lot 2 = 457' and
Lot 3 = 53 l') at the terminal end of each pier will be a 16' x 16' covered platform.
Waterward of the platforms will be an 8' x 16' floating dock, each with a 14' x 14'
boatlift on one side creating a 2-slip docking facility for each lot.
As proposed, the structures will slightly exceed the '/4 width of the waterbody
limitation which is 164' since the width of the waterbody measures 655' in this
location however, they will not exceed the adjacent pierhead line and will not
encroach into the adjacent 15' riparian corridor setbacks.
A new 435'long vinyl retaining wall with a 10' long return wall, constructed like a
bulkhead will be installed just landward of the 404 Wetlands. The tie -back system
will extend 20' landward of the wall. A new 181' long stone landscape wall will
also be installed along the landward side of the 404 Wetlands and the existing large
bamboo area located along the eastern side of the property.
The DWR pre -filing meeting request has been filled out on the website and a copy of the return
email resulting from that submittal is included in this CAMA Major Permit application.
• The project proponent hereby certifies that all information contained herein is true, accurate,
and complete to the best ofmy 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.
Please feel free to contact me if you have any questions or concerns.

OCM MP-1
APPLICATION for
Major Development Permit
(lest revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
D M-NC LLC
1970 Deep
Creek Run
Applicant 1: First Name
MI
Last Name
Daniel
E
Smith
Applicant 2: First Name
MI
Last Name
If additional applicants. please attach an additional pages) with names listed.
Mailing Address
PO Box
City
Stale
838 Sir Wer Drive.Suite 210
U 1 min ton
NC
ZIP
Country
Phone No.
FAX No.
28405
1 USA
ext.
Street Address (if different from above)
City
Stale
ZIP
Email
Dan sit 2.com
2. AgentlCon tractor Information
Business Name
gen Contractor 1: First Name
Debbie
MI
D
Last Name
Wilson
AgenV Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
16275
City
VVilmin ton
State
NC
ZIP
28408
Phone No. 1
910-612
-0402 ext.
Phone No. 2
ext.
FAX No.
Contractor #
Street Address (if different from above)
city
Stale
ZIP
Email
debbiew75 charter.net
<Form continues on back>

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Ddvelopment Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. 9
w Hanover
Subdivision Name
City
State
Zp
Wilmin ton
NC
28411
Phone No.
Lot No.(s) (if many, attach additional page with list)
910 200 3454 ext.
1 ' '
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
c. Is the water body identified in (b) above. natural or manmade?
d. Name the closest major water body to the proposed project site.
I@Natural ❑Manmade ❑Unknown
AlWW
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
NYes []No
work falls within.
New Hanover Count
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
1 5ft
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
ton W2 W3
107.974, 76,665.75.081 - sq.ft.
NWL(normal water level)
(if many lot sizes. please attach additional page with a list)
2' 27' ®NHW or ❑NWL
e. Vegetation on tract
Lawn grasses, Pine trees, Oak trees, Bamboo, various "404" and Coastal Wetlands.
I. Man-made features and uses now on tract
Vacant land, remnant bulkhead, a few old remnant pilings and silt fence.
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
Residential R-20S
(Attach zoning compliance certificate. if applicable)
®Yes []NO ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo []NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes NNo ❑NA
National Register listed or eligible property?
<Form continues on next page>

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (I) Are there wetlands on the site? ®Yes []NO
(it) Are there coastal wetlands on the site? ®Yes []No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available) See survey and site plan
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing drinking water supply source.
Private Well
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment
®PrivatelCommunily
b.
Give a brief description o1 purpose, use, and daily operations of the project when complete.
Private residential use
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.
Typical marine construction with pile driver, backhoe, skid steer, barge mounted excavator
d.
List all development activities you propose.
Stone retaining wall, vinyl bulkhead style retaining wall, 3 private piers, each with a covered platform,
floating dock and boatlifts.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
New
I.
What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres
16,798
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 stale.
None proposed
I.
Will wastewater or stormwater 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>

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to 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, dearly 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 stale application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certiried 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 Dellaine Risley Phone No.
Address 2010 Deep Creek Run, Wilmington, NC 28411
Name Don & Sandy Van Der Vaart Phone No.
Address 1827 Register Lane, Wilmington, NC 28411
Name Phone No.
Address
g. A list of previous stale or federal permits issued for work on the Project tract. Include permit numbers, permiltee. and issuing dales.
None found
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 iraet areas. (Must be signed by property owner)
It. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. II the project involves expenditure
of public funds or use of public lands. attach a statement documenting compliance with the North Carolina Environmental Policy Act.
on Land
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 7/21/21 Revised 7/14/22 Print Name Debbie Wilson. Aqent for DJM-NC, LLC
Signature W4GaBiL agent
Please indicate application attachments pertaining to your proposed project.
QDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
®DCM MP-4 Structures Information

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction andlor lend disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT I
a. Type and number of buildings, facilities, units w structures b. Number of lots or parcels.
proposed. 3 within AEG. 5 total being pmposed and under
1 stpne landscaping retainin0 wall and 1 vinyl reylr w with NHQ Planning Dept,
bulkhead style retaining wall f43s' In length and 1d rat In wall)
C. Density (give the number of residential units and the units per d. Size or area to be graded, filled, of disturbed including roads,
ape), ditches, etc.
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation controf plan at least 30 days before land -disturbing
.activity begins.
0) II applicable, has a sedimentation and erosion control plan been
subrNtted to the Division of Land Resources?
[]Yes ®No DNA
(it) If yes, list the date submitted:
g. Give the percentage of the tract wiutin the coastal Shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, w to be used for vehicular driveways
Or parking.
I. Give the percentage of the entire tract to be covered by impervious
andlor bull -upon surfaces. such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
No other upland development is being proposed
1. Describe proposed method of sewage disposal.
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, Industrial/
commercial effluent. 'wash down' and residential discharges).
f. Ust the materials (won as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
h. Projects that require a CAMA Major Development Permit may also
require a Slomwrater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
[]Yes ❑No ®NA
(II) If yes, list the dale submitted:
k. Have the facililles described In Item (i) received stale or local
approval?
❑Yes ONO ®NA
If yes, attach appropriate documentation.
in. Does the proposed project include an innovative stomwvater
design?
[]Yes []No ®NA
If yes, attach appropriate documentation.
ITB 0 6 .r .

m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes ❑No NNA
community, public system, etc.) (it) If yes, how many acres?
o. When was the lot(s) platted and recorded?
In
lkliale
7121121
Date
1970 Deep Creek Run
Project Name
DJM-NC LLC (alg Daniel Sn h)
Applicant Name
' . / �I
T%Pf7" [fyi91L Anent
Applicant Signature
p. if proposed development is a subdivision, will additional utilities be
Installed for this upland development?
Oyes ONO ONA
RECEIVED
SEP 0 7 2021
DCM WILMINGTON, NC

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facilitylmadna:
❑Commercial ❑Public/Government ®Private/Community
c. (i) Dock(s) and/or piers)
(it) Number 3_
(ill) Length 410_457' .531'
(iv) Width ft.
(v) Floating ❑Yes ®No
❑This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes ®No
d. (i) Are Finger Piers included? ®Yes []No
If yes:
(if) Number _3
(!it) Length 16,
(iv) Width
(v) Floating ®Yes ❑No
e. (1) Are Platforms included? ®Yes ❑No
I. (I) Are Boatlifts included? ®Yes []No
If yes:
If yes:
(ii) Number 3 Covered
(if) Number 3
(III) Length 16'
(it!) Length 14'
(iv) Width 16'
IN) Width 14'
(v) Floating [_)Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (I) Number of slips proposed
h. Check all the types of services to be provided.
6
❑ Full service, including travel lift and/or rail, repair or
(it) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
D
❑ Dockage ("wet slips') only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps: _
❑ Other, please describe:
None
i. Check the proposed type of siting;
❑ Land cut and access channel
®Open water, dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 24'
in. (i) Will the facility have lie pilings?
❑Yes ®No
(if) If yes number of lie pilings?
). Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open runabout
I. (I) Will the facility be open to the general public?
[]Yes ®No

2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boalholding tank pumpoub Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste. fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of 'No Sewage Discharge' signs proposed.
(h) Give the location and number of'Pumpout Available' signs proposed.
f. Describe the special design. If applicable. for containing industrial type pollutants. such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
In. Give the number of channel markers and "No Wake' signs proposed.
I. Give the location of fuel -handling facilities, and Describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin gushing?
I. If this project is an expansion of an existing marina. what types of services are currently provided?

m. Is the marina/docking facility proposed within a primary or secondary nursery area?
Dyes ❑No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected.
❑CW ❑SAV ❑SB
❑WL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes [:]No
If yes. give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse struclure(s):
❑Commercial ❑Publle/Government ❑Private/Community
(ii) Number _
(III) Length
IN) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2. Excavation and Fill) ®This section not applicable
a. (1) Number
(it) Length
(ill) Width
5. BREAKWATER (e.g., wood. sheetpile. etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW. NWL or wetlands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s): b. Number
❑Commercial ❑Public/Government ❑PrivatelCommunily
C. Distance to be placed beyond shoreline _ d. Description of buoy (color. Inscription, size, anchor, etc.)
Note: This should be measured from marsh edge. it present.
e. Arc of the swing

7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
19' to the northeast & 16' to the northwest
Note: For buoy or mooring piling, use arc or swing including length
orvessel.
c. Width of water body
MIS'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ONO ❑NA
(ii) If yes. explain what type and how they will be implemented.
b. Proximity of structures) to adjacent docking facilities.
56' to the northeast & 114' to the northwest
d. Water depth at waterward end of sbucture at NLW or NWL
-1.5' NLW
& OTHER ❑This section not applicable
a. Give complete description:
- ... - - . -:3R7t:[�'lir(:nZiUl�ir(•�Z�*Y:'fi�c.�iPi�il�7fi.'fi- I[•�1�'i[ - -.[dFli. u
7/21121 Revised 7/14/22
Date
1970 Deep Creek Run
Project Name
DJM-NC, LLC (Go Daniel Smith)
Applicant Name
U,�Ef,-tl• A9ant
Applicant Signature

From: [e-mail]
To: [e-mail]
Cc:
Bee:
Priority: Normal
Date: Sunday August 29 2021 11:00:19PM
Pre -Filing Time Clock has been reached for 1970 Deep Creek Run - Ver
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for 1970 Deep Creek
Run that you submitted on 7/30/2021.
Your Pre -Filing Meeting Request has now reached the 30 calendar days' requirement and your application can now be
accepted.
When you submit your application please upload a copy of the attached document in this email.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as
responses are not monitored.
Internal Use only. Non Transportation
RECEIVED
SEP 0 7 2021
DCM WILMINGTON, NC

Contact Name *
Debbie Wilson
Contact Email Address`
[e-mail]
Project Owner *
Daniel Smith
Project Name *
1970 Deep Creek Run
Project County*
New Hanover
Owner Address: *
street Address
1838 Sir Tyler Dr., Suite 210
Address Lire 2
oty
Sale I Ro✓hce I rbpim
Wilrnington
NC
lbstal / lip Onde
Cau*y
28405
USA
Is this a transportation project? *
r Yes r No
Types) of approval sought from the DWR:
17 401 Water Quality Certification- r- 401 Water Quality Certification -
Regular Express
r• Individual Permit r Modification
r Shoreline Stabilization
Does this project have an existing project ID#?*
r Yes t: No
Do you know the name of the staff member you would like to request a meeting with? R�CEIVED
Holley Snider
Please glue a brief project description below and Include location information.5EP 07?",*
Private pier on 3 separate lots, each to include a covered platform, DCM WILMINiQ
floating dock and boatlifl with dredging. Hghground vinyl bulkhead ' 'r—vCIVED
style retaining wall an a stone landscaping retaining wall.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Wi" 2022
401 Certification Rule the following statements: ,� �� ��
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 4401 CerliRC'KtMrf CiTy
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.

Signature"
��i�ifi� %/%Y✓Pii
Submittal Date 7/30/2021
RECEIVED
SEP 0 7
DCM WILMINGTON, NO
RECEIVED
MAR 15 2022
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Dlredor
Debbie Wilson
PO Box 16275
Wilmington, NC 28408
Dear Ms. Wilson:
NORTH CAROLINA
EntdronmentarQuartry
March 14, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for DJM-NC,
LLC c/o Dan Smith for State approval for development of the subject property located at 1970 Deep Creek Run
adjacent to the Intracoastal Waterway, in Wilmington, New Hanover County. It was received as complete on March
11, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is
May 25, 2022. An additional 75-day review period is provided by law when such time is necessary to complete the
review. If you have not been notified of a final action by the initial deadline slated above, you should consider the
review period extended. Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision Within 70 days from March 11, 2022, you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road dght-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely, I
Katharine Elks
Field Representative
cc: Cameron Luck, DCM USAGE
Halley Snider, DWR Christine, Bouffard, LPO
DJM-NC, LLC c/o Dan Smith, Applicant
RECEIVED
MAR 15 202Z
DCM-MHD CITY
�i.reAmm�emp�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension 1'Wilmington. North Carolina 29405
910.796.7215

� r SPE MIT
Wilmington,
COMftW9r.RM9WTED THROUGH ,. ,
APPL
T:
, LLG, c/o Daniel Smith
Tyler Drive, Suite 210
Debbie Wilson
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
:;
I .F7; W- I d I 1 l�A -ii :F-TF 11; l W l41.7 L• 7i

ROY COOPER
coven.
ELIZABTH BISER
Secrmary
BRAXTON DAVIS
Dtrvclor, Divnion ofCoaslal Management
March 15, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Allen & Victoria McCall — Brunswick County
• DJM-NC, LLC —New Hanover County
Hello: Please publish the attached Notice in the Friday, March 18, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit & invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226, (Customer #489895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
PTan
erely,
Pietila
Le
Permitting Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
RECEIVED
MAR 15 202Z
DCM-MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7213

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On March 11, 2022, Allen & Victoria McCall proposed to extend an
existing five (5) slip docking facility to the Federally established channel setback at 9219 Peakwood Dr. SW,
adj. to the AIWW in Sunset Beach, Brunswick County; and on March 14, 2022, DJM-NC, LLC proposed to
construct a new bulkhead, stone landscape wall, three (3) new dockingfacilides with gazebosfor a total of six
(6) new proposed slips & dredging to connect to deeper water at 1970 Deep Creek Run., adj. to the AIWW,
Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of
Brendan Brock (Brunswick County) or Katharine Elks (New Hanover County) N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone]
(Brendan Brock) or [phone] (Katharine Elks) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to April 8, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
MAR 15 Z022
DCM-MHD CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:-J)aa - NL I LLL
Mailing Address: ism S t r 7y u r br ZJo
Lull rInr ✓l UL 1&41)S
Phone Number: GiIU-a. oL)- 31-15L/
Email Address: man iDSV\Q,? •Cc-nM , 111LlCcrc;i t'Ci✓I"�
certify that I have authorized Debbie Wilson, Agent
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
at my property located at 141C)o r IL I I D2 c
inNft.j fton l-Q(C-ounty. Nc_ 2�s4t
<�') ryew (-q GCk S
I
I furthermore certify 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:
Signature
U j C RM T+h
Print or Type Name
amb- C-
Title
I 5 121
Date
This certification is valid through I
RECEIVEp
SEP 0 7 2021
OCM wILMINGTON, NC
RECEIVED
fJAR 15 2022
DCM-MHD CITY

■- 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 mallpiecer
or on the front If space permits.
1. Article Addressed to:
Dellaine Risley
2010 Deep Creek Run
Wilmington, NC 28411
IIIIIII'I IIII IIIIIIII II IIII IIIIIII III IIII II III
9590 9402 3004 7124 2056 68
_ 7018 3090 0001 8770 3833
Ps Form 3811, July 2015 PSN 7530-02-000-9053
■ 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 mailplece,
or on the front if space permits.
1. Article Addressed to:
Don & Sandy Van Der Vaart
1827 Register Lane
Wilmington, NC 28411 1
IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII IIIIII
9590 9402 3004 7124 2056 51
7018 3090 0001 8770 3826
Ps Form 3811, July 2015 PSN 7530-02-000.9063
OF/ IV
A Signature
.1 El Agent
is ❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
0. Is delivery address different from ttem 1? ❑ Yes
If YES, enter delivery address below: ❑ No
RECEIVED
SEP 07
3. Type
area
�nesmclea
o AAdurvlc le 9ltldted ISelveryo
Mall®
Wrayrad
❑ Catlfled
❑ Deniged Mall ResElded DdMery
❑ ptfor
ElM� Collect on Delivery
❑Codecton Delivery RestdcteO Delhrory
Ice
❑ Slgnd ConllmlalbnTM
❑ Insured Mail
DSlgnalum Dondrmadon
❑ Insured Mall Rostrlcted Delivery
Restricted Delivery
Domestic Return Receipt
11
❑ Agent
)t
❑ Addressee
B. Received dY (Printed NNW)
C. Date of Delivery
D. Is delivery address different from item 1?
❑ Yes
If YES, enter delivery address below:
❑ No
RECEIVED
SEP I' ) 'I
3. Sam WILMINt_; I Vyy PA�rf!/Mall Express®
❑ Atlult n'a Una 0 Registered Mall"'
❑ Me
lt 5lg nature H%bioted Delivery ❑ Reglstaed Mdl Rasolole0
❑ cerllllcd Mahe Daecvsry
❑ Ce Ined Mall Restricted Delivery ❑ Return Receipt for
❑ Collect on Delivery Merchandise >H
❑ Collect on Delivery Resblcted DelN"ry Signaturemll Crmallon
❑ Insured Mad Slgrvstura Can@malbn
fle>Mcted DeAmy
Domestic Return Receipt I
RECEIVED
MAR 15 2022
DCM-MHD CITY

USPS Tracking® FAOs >
Track Another Package
Tracking Number: 70183090000187703826 Remove X
Your item was delivered to the front desk, reception area, or mail room at 2:26 pm on August 16,
2021 in WILMINGTON, NC 28411.
G Delivered, Front Desk/Reception/Mail Room
rD
August 16, 2021 at 2:26 pm v
WILMINGTON, NC 28411
Get Updates v
Text & Email Updates
Tracking History
Product Information
v
v
k Cr-VVEQ
j" ,1 15 na u
�CM_MHD CI
TY
See Less /�
RECEIVED
SE.P 0 7 ?021
Can't find what you're looking for?)NILMINGTON, NC
Go to our FAQs section to find answers to your tracking questions.

USPS Tracking® FAQs'
Track Another Package
Tracking Number: 70183090000187703833 Remove x
Your item was delivered to the front desk, reception area, or mail room at 2:31 pm on August 16,
2021 in WILMINGTON, NC 28411.
C Delivered, Front Desk/Reception/Mail Room
CD
August 16, 2021 at 2:31 pm
WILMINGTON, NC 28411
x
Get Updates u
Text & Email Updates
Tracking History
Product Information
See Less ^
v
RECEIVED
MAR 15
RECEIVED
SEP 0 7 20il
DCM WILMINGTON, NC
Can't find what you're looking for?
Go to our FAQs section to find answers to your tracking questions.

Book 6375 Page 1166
BK: RB 6375 Illlllflllllllll II IIII IIINII I{I
FIG: 1166.1169 2020046831 NCFEE $26.00
`\ RECORD
11:01:13 0 NETANNYYNT EIISRCOUNTYCN BEASI.EY NC STATE RM ESTATE
F 14C
10:01:13 AM EXTx $7991.00
BY: BAMhNTIN9VEANER REGISTER OF DEEDS
OEVUfY
THIS DEED WAS PREPARED WITHOUT TITLE EXAMINATION
PREPARED BY: SIEGEL & RHODENHISER, PLLC
STATE OF NORTH CAROLINA Tax ID No.: R04500-004-007-000
COUNTY OF NEW HANOVER R04500-004-008-001
R04500-004-018-000
R04500-004-054-000
REVENUE STAMPS: *-I Rq ) .Do
A portion of this property contains the Grantor's primary residence. Property Taxes are paid thru
2020. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon
disbursement of closing proceeds.
WARRANTY DEED
i�
THIS DEED, made this day of NOVEMBER. 2020, by WILLIAM T. ALLISON
and wife, KAREN P. ALLISON, of 1970 DEEP CREEK RUN, WILMINGTON, NC 28411,
GRANTOR, to DJM-NC, LLC, a North Carolina Limited Liability Company, of 1838 SIR
TYLER DRIVE, SUITE 210, WILMINGTON, NC 29405, GRANTEE;
WITNESSETH:
That said Grantor, for a valuable consideration paid by the Grantee, the receipt of which
is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, se_ ljrp
and convey unto the Grantee in fee simple, all that certain.lot, tract, or parcel of Ian I
the County of NEW HANOVER and State of North Carolina, and more particularly !scribed as
follows: pP,AR 15 2022
SEE ATTACHED "EXHIBIT A" MHp CITY
pGM-
TO HAVE AND TO HOLD the aforesaid lot, tract, or parcel of land, and all privileges
and appurtenances thereto belonging to the said Grantee in fee simple; subject, however, to the
exceptions, reservations and conditions herein referred to.
And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee
and has the right to convey in fee simple; that the title is marketable and free and clear of all
encumbrances; and that Grantor will warrant and defend the title against the lawful claims of all
MAR 15 :7242

Book 6375 Page 1167
persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions: (a)
subject to County and Local Zoning Ordinances; (b) subject to standard easements for utilities;
(c) restrictive covenants of record, if any; (d) ad valorem taxes for current year.
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal, or if
corporate, has caused this instrument to be signed in its corporate name by its duly authorized
officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and
year first above written.
(SEAL)
WILLIAM T. ALLISON
(SEAL)
KAREN P. ALLISON
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, &07 2i , a Notary Public of the County of trtw P noVe.
and State oresaid, do hereby certify that WILLIAM T. ALLISON and wife, KAREN P.
ALLISON, personally came before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official seal, this Lil—L day of NOVEMBER 2020.
�ECEn►ED
NOTARY PUBLIC
Iv'.GR 15 2022
My CoRimission Expires: otarial Seal) r+ .�/
2 Z� �N Pu6tlo C� 1 �
NOW Hallow County, NO DCM"MHD
My Cowl elon Expires February 22, 2023
'.0

Book 6375 Page 1168
TRACT 1:
BEING all of Lot 2 of a division of property from Mrs. Flossie T. Allison prepared by Jack G. Stocks, R.L.S.,
and recorded in Map Book 23, at Page 34, of the New Hanover County Registry.
TRACT 2:
BEGINNING at an existing old iron pipe in the dividing line between the Allison tract as said tract is shown on
a map recorded in Map Book 23, at Page 34, of the New Hanover County Registry and the Register tract. Said
point of beginning being located the following calls and distances along with dividing line between the Allison
tract as shown on the before mentioned map and the Register tract from an existing old iron pipe in the Southern
right-of-way line of S.R. #1404, Rehder Road: South 45 degrees 39 minutes 51 seconds East 651.11 feet; South
40 degrees 01 minutes 40 seconds East 1,019.83 feet. Said point in the Southern right-of-way line of S.R. #1404
is located the following calls and distances, as measured along said right-of-way line, from the point of
intersection of said right-of-way with the Southern right-of-way line of S.R. #1406, Waters Road: South 89
degrees I6 minutes 00 seconds West 171.51 feet; South 85 degrees 10 minutes 00 seconds West 130.28 feet;
South 84 degrees 07 minutes 30 seconds West 272.93 feet. Running thence from said point of beginning with the
dividing line between the Register tract and the Allison tract as shown on the before mentioned map, South 52
degrees 54 minutes 40 seconds West 69 feet; South 33 degrees 35 minutes 21 seconds east 467.60 feet; North 39
degrees 57 minutes 38 seconds East 111.10 feet to an existing old iron pipe; thence South 37 degrees 13 minutes
57 seconds East 225.54 feet to an existing old iron pipe said old iron pipe being the southernmost point in the
Allison/Register line and the point nearest the sound in said line.
TRACTS:
Beginning at an existing iron pipe located in the south right of way line of Mason Landing Road (SR
1404), said existing iron pipe being the northwest comer of Tract #1-"Division of Lot 1 of the Mrs. Flossie T.
Allison Tract" as the same is shown on Map Book 38 Page 173 of the New Hanover County Registry; thence
along and with the west line of said Tract #1 South 48 degrees 24 minutes 17 seconds East a distance of 708.83
feet to an existing iron pipe; thence North 41 degrees 35 minutes 43 seconds East a distance of 2.50 feet to a
point; thence North 48 degrees 24 minutes 17 seconds West a distance of 706.56 feet to a point in the south right
of way line of Mason Landing Road; thence along and with the south right of way line of Mason Landing Road
South 83 degrees 44 minutes 59 seconds West a distance of 3.37 feet to the Point of Beginning; ci►r�rDpV he
acres, more or less, and being a portion of Tract #1 e
same is shown on Map Book 38 Page 173 of the New Hanover County Registry. MAR 2022
15
TRACT 4:
DCM-MHD CITY
BEING all of Tract 3 as shown on that map entitled "Division of Lot 1 of the Mrs. Flossie T. Allison Tract"
recorded in Map Book 38 at Page 173 of the New Hanover County Registry, reference to which map is hereby
made for a more particular description.
MAR 1 li Uiii.?

Book 6375 Page 1169
p�NTY.h
TAM EAS EY SCH New Hanover County 0
ti
Register of Deeds i o
Register of Deeds ,2
320 CHESTNUT ST SUITE 102 a WILMINGTON, NORTH CAROLINA 28401
Telephone [phone] a Fax [phone]
4
L�
Bt
+aaa++att++»tttt taut++arta++ate+t••t+•tutt+atta•ttt•t+•t•ttt tat ttaa tttttt tat+tt+aaatatttt+tttatt+tu uut
State of North Carolina, County of NEW HANOVER
Filed For Registration: 11/05/2020 10:01:13 AM
Book: RB 6375 Page: 1166-1169
4 PGS $8,017.00
Real Property $26.00 RECEIVED
Excise Tax $7,991.00
Recorder: SAMANTHA SPEAKER p,rgR 15 2�22
Document No: 2020046831
DCM-MHD CITY
++++uttt•t tt taut+tttt+t+tt++tatau+ttat•tta•+t+ttttaatuattautt ttt+t♦+u+: at at ta+aa a+ttuttt t+au ttaatatt
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.
MAR 15 ZO2l

RECEIVED
saw-2021-02085
Electronically Transmitted
U.S. ARMY CORPS OF ENGIN
WILMINGTON DISTRICT
MAR 15 2022
DCM-MHD CITY
Action Id. saw-2021-02085 County: New Hanover U.S.G.S. Quad: NC Scotto Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requester: DJM-NC, LLC
Daniel Smith
Address: 1838 Sir Tvler Drive, Suite 210
Wilmineton, NC 28405
E-mail: mauranashu2.cnm
Size (acres) 7.78 Nearest Town Wilmineton
Nearest Waterway Intracoastal Waterway River Basin White Oak
USGS HUC 03020302 Coordinates Latitude: 34.263002
Longitude:-77.773906
Location description: The properly is located at 1950 and 1970 Deep Creek Run adjacent to Middle Sound/ICW in Wilmineton.
Indicate Which of the Followine Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/propetty, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/28/2021. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps. RECEIVED
❑The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation mAKgAtl RATE. We strongly
DCM WILMINGTON, NC

saw-2021-02085
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
One waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army pennit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or
brad.e.shaver(alusace.a rmv.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 09/29/2021.
D. Remarks: This determination was made via desktop.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A.SHANNINL&U SACE.ARMY.MIL
RECEIVED
MAR 15 2022
DCM-MHD CITY
RECEIVED
SEP 2 8 2021
DCM WILMINGTON, NC

saw-2021-02085
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
""It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence."
Corps Regulatory Official: "U^.j E A '
Digitally signed by Brad Shaw,
Date: 2021.09.2911i3.41 -01'00'
Date of JD: 09/29/2021 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.oRs.usace.armv. m i l/customer-service-surve/./.
Copy Furnished(eleclronic):
Headwater Environmental, Inc. ann; Nock Creidler
RECEIVED
MAR 15 2022
DCM-MHD CITY
RECEIVEIs)
'd I' ?, 9 ',!;'I
DCM WILMINGI'ON, NC

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
A licant: DJM-NC Lit Daniel Smith
File Number: saw-2021- Date: 09/29/2021
Attached
is:
Sec Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
R
PERMIT DENIAL
C
0
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or htto://www.usace.army.miVMissions/Civi] Works/RegulatoryProeramandPertnits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section It of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
RECEIVED
MAR 15 2022
sr—t.EIVED
SEP 2 9 2021
F.-IM-MID CITY
DCM WILMINGTON, NC

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved 1D (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Brad Shaver
ADMINISTRATIVE APPEAL REVIEW OFFICER
Wilmington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
69 Darlington Avenue
ATLANTA, GEORGIA 30303-8803
Wilmington, North Carolina 28403
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN((4VSACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10Ml5, Atlanta, Georgia 30303-8801
Phone: [phone]
RECEIVED
RECEIVED
MAR 15 2022
S E P 2 9 Lull
DCM-MHD CITY
DCM WILMINGTON, NC

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
A. REPORT COMPLETION DATE FOR PJD: 9/29/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: NiCk Craidler; 1121 Military Cutoff Rd, Suite CM30e, Wimington,NC289os
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Deep Creek,
SAW-2021-02085
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: North Carolina County/parish/borough: New Hanover city: Wilmington
Center coordinates of site (lat/long in degree decimal format):
Lat.: 34.263002 Long.:-77.773906
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Intracoastal Waterway
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: 9/29/2021
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
Latitude
Longitude
Estimated amount
Type of aquatic
Geographic authority
number
(decimal
(decimal
of aquatic resource
resource (i.e., wetland
to which the aquatic
degrees)
degrees)
in review area
vs. non -wetland
resource "may be"
(acreage and linear
waters)
subject (i.e., Section
feet, if applicable)
404 or Section 10/404)
Wetland
34.262564
-77.773308
1.00 acre
wetland
404
Coa.t.1We,..d
34.262184
-77.773176
0.63-acre
wetland
404/ to
�--
34.261827
-77.772661
0.34-acre
non -wetland water
10/404
AFC
0
MqR I
M Myo
i\W VI..i Y 1-11d ♦'Y
SEP 2 9 2021
DCM WILMINGTON, NO

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources, (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions, (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331 If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information
RECE/VED
�nq R 15 �022
DCM_MHD C/711
jRECe"iVfL_u
SEP 2 9 loll
DCM WILMINGTON, NC

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
Map:
❑■ Data sheets prepared/submitted by or on behalf of the PJD requestor.
Office concurs with data sheets/delineation report.
Q Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps: _
❑ Corps navigable waters' study:
❑■ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale &quad name: 7.5.minute Quadrangle, Scotts Hill, North Carolina (1997)
Natural Resources Conservation Service Soil Survey. Citation: web soil survey accessed December 2020
❑■ National wetlands inventory map(s). Cite name: Figure 4. National Wetlands Inventory Map
❑ State/local wetland inventory map(s): _
❑■ FEMA/FIRM maps: Figure 5. FEMA Map
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
L
Digitally signed by Brad
Shaver
Date: 2021.09.29 1 1:06:54
-04'00'
Signature and date of
Regulatory staff member
completing PJD
RECEIVED
Nicholas CreidlerD""I"W.dW41'°4.° ,
D+..2921.or.xi rs.wzva Ve
Signature and date of MAR 15 2022
person requesting PJD
(REQUIRED, unless obtainjag,.,M-MHD CITY
the signature is impracticatr
RECEIVEL)
Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does r c hiss {�d
within the established time frame, the district may presume concurrence and no additional follow up Id L �;1
necessary prior to finalizing an action.
UCM WILMINGTON, NO

This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was completed by Headwater Environmental, Inc. (Headwater) on December 19, 2020. The wetland
locations were recorded with the Trimble Geo7x GPS device. Headwater recommends coordinating with the U.S. Army Corps of Engineers and North Carolina Division of Coastal Management.
Site: 7.91 acres
7 r' z Wetland (404): 1.00 acre
Wetland
,., ae
Nonwetland waters: 0.32-aae
.. ' • .. _ J
,,- Note: Calculations performed
in ArcMap.
OW
_ t DP-3
OP -
Iry
� %• P� p '
.�
a
s w
Prepared FIGURE 6 SOURCE LEGEND
MAP By: WETLAND DELINEATI&
Headwater Site Reconnaissance
ENVIRONMENTAL INC. NJC Deep Creek Sit December 19, 2020
1950 Deep Creek I�XITTT1II ® Potepial wetland `(404)
Wilmington, New Hanov oung ew Hanover County GIS 3t:P 9 9 M
Date: North Carolina Potential wetland (10/404)
Feet 12/23/20 Headwater Project # 237040 Ill Aerial Imagery (2019)
0 150 300 600 Revised `T *MWIWONr NC
9/28/21 i-. o Snl 1 inch = 300 feet 0 Data point

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
March 15, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(o)NCDEN R.gov
SUBJECT: CAMAID&F
Applicant: DJM-NC, LLC
Project Location: 1970 Deep Creek Run, ad). to the AIWW, Wilmington, New Hanover County
Proposed Project: The applicant proposes to construct a new vinyl bulkhead style retaining wall,
stone landscape wall on the highground, three (3) new private docking facilities,
each with a gazebo, floating dock and boatlift, and a new dredge footprint to
connect the docking facilities to deeper water. A total of six (6) slips are
proposed, two (2) slips for each of the three subdivided riparian parcels.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by April 8, 2022. If you have any questions
regarding the proposed project, contact Katharine Elks at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME RECEIVED
MAR 15 2022
AGENCY
SIGNATURE
DCM-MHD CITY
DATE
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215

Headwater 910-777-3908.1844 Sir Tyler Dr. Wilmington, NC 28405
ENVIRONMENTAL INC. wwwheadwaterenvironmental.coui
December 23, 2020
Delivered via email: dan(abhp2.com
Mr. Dan Smith
DJM-NC, LLC
1838 Sir Tyler Drive, Suite 210
Wilmington, North Carolina 28405
Reference: Wetland Delineation
RECEIVED
1950 and 1970 Deep Creek Run MAR 15 2022
Wilmington, New Hanover County, North Carolina
Headwater Project # 202040 DCM-MHD CITY
Dear Mr. Smith:
Headwater Environmental, Inc. (Headwater) is pleased to provide the results of our Wetland
Determination for the above referenced property. Headwater was retained by DJM-NC, LLC to
perform a Wetland Delineation. The purpose of this report is to document and locate the extent
of Section 404 wetlands within the site boundary.
PROJECT INFORMATION
The subject site is located at 1950 and 1970 Deep Creek Run in Wilmington, New Hanover County,
North Carolina. According to the New Hanover County GIS, the site is comprised of three parcels
identified as Parcel ID R04500-004-007-000, R045400-004-018-000, and R04500-004-008-001. All
three parcels are owned by DJM NC, LLC.
Regulatory Summary
In order to identify wetlands at the site, Headwater utilized the "Regional Supplement to the Corps
of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region", issued
November 2010. Identification of wetlands is based on a three -factor approach involving
indicators of hydrophytic vegetation, hydric soil, and wetland hydrology.
Federal authority to regulate activities in wetlands is contained in Section 404 of the Clean Water
Act (33 USC 1344) and Section 10 of the Rivers and Harbors Act (33 USC 403). These Acts
established,a program for regulating the discharge of dredged and fill material into the "Waters of
the United States", which includes wetlands and streams. Section 401 of the Clean Water Act
authorizes States and Tribes to administer the water quality certification process to protect
wetlands and other aquatic resources.
Based the Rapanos v. United States and Carabell v. United State Supreme Court cases in
2005/2006, the United States'Army Corps of Engineers (USACE) and Environmental Protection
Agency (EPA) issued guidance requiring that a significant nexus determination must be
completed in order to identify the connectivity of wetlands to traditionally navigable waters. The
Wilmington District of the USACE in conjunction with the EPA, administers the federal wetlands
program in this area. In addition, the North Carolina Department of Water Resources (DWR)
administers the wetlands and stream buffer program for the State of North Carolina as per Section
401 ofthe Clean Water Act. I"�Fi;vm;lt,-t;
RECEIVED
FEU 0 G 2022
i;0V, t
DCM-MHD CITY

Wetland Determination: Deep Creek Site
Headwater Project#202040
December 23 2020
Additionally, the North Carolina Division of Coastal Management (DCM) defines a coastal
wetland as any marsh in the 20 coastal counties that regularly or occasionally floods by lunar or
wind tides, and includes one or more of 10 specific plant species (refer to Section 2.A-4 of the
CAMA Handbook for Development for the list of plants). The coastal shoreline Area of
Environmental (AEC) extends 75 feet of the normal high -watermark along an estuarine shoreline.
New Hanover County is one of the 20 coastal counties of North Carolina.
FINDINGS AND OBSERVATIONS
Head wate"rtreviewed various mapping resources and prepared figures to support our findings
(Figures 1 to 6). The weather during the reconnaissance was partly cloudy with temperatures in
the 50s (degrees Fahrenheit). The parcel boundaries were marked in the field at the time of our
site visit:
,Coastal wetlands.are located on the' southeast portion of the site. The coastal wetland boundary
was pre6iously'marked in the field by DCM. Demolition of a dwelling and various outbuildings was
underway during our site reconnaissance. Non -tidal wetlands '(ie. Section 404 wetlands) are
located landward of the coastal wetlands. (refer to Figure 7). The Section 404 wetlands are
topographically defined along the toe -of -slope hillside.
Headwater recorded four data points (DPs) on site. DP-1 and DP-3 were recorded in an upland.
DP-2 and DP-4 were recorded in a wetland.
Headwater traversed the perimeter boundaries and made several transects across the interior of
the site. The soils throughout the remainder.of the site have a high chroma and high value,
meeting the criteria for non-hydric soils. Headwater did not observe additional surface waters or
wetlands on the site. Wetland Determination Data Forms that support our findings are included
as an attachment. Figure 6 depicts the approximate locations of the jurisdictional features.
REGULATORY VERIFICATION
It is Headwaters' understanding that the property owner intends to develop a bulkhead. If
construction of the bulkhead encroaches into the Section 404 or coastal wetlands, a permit is
required.
CONCLUSIONS AND RECOMENDATIONS
• Headwater identified two wetland areas that consist of 404 wetlands and coastal wetlands.
The coastal wetlands are defined by the DCM as being any marsh that is subject to regular or
occasional flooding from lunar or wind tides and may contain one or more of ten specific
vegetative species. The coastal wetlands have been mapped and surveyed by Paramount
Engineering.
The Section 404 wetlands have been flagged in the field. The location of the Section 404
wetlands were recorded in the field with GPS and depicted on Figure 6.
• Section 404 wetlands occupy approximately one acre. The Section 404 wetlands are
jurisdictional, and they are regulated by the USACE.
• USACE and DCM authorization should be obtained prior to impacting wetlandsRfl(;t
FEB 0 0 202z

Wetland Determination: Deep Creek Site
Headwater Project#202040 .
December 23, 2020
LIMITATIONS
Observations, conclusions, and/or recommendations pertaining to the potential jurisdictional
wetland areas within the subject site are limited to the conditions observed, and/or materials
reviewed at the time this study was undertaken.
This report is provided for the exclusive use of DJM-NC, LLC; their successors and/or assigns
and is not intended to be used or relied upon in connection with other projects or by other
unidentified third parties. The use of this report by an undesignated third party or parties will be
at such party's sole risk and Headwater disclaims liability for such third -party use or reliance.
Headwater appreciates the opportunity to provide our environmental services for this project. If you
have questions or need additional information, please contact us at [phone],
Respectfully submitted,
Headwater Environmental, Inc.
C_
C. Paul Pascarosa
President
Enclosure: Figures 1 to 6
Data Points
Photographs
Nick Creidler
Environmental Scientist
RECEIVED
MAR 15 2022
DC_MisMHD CITY
RECEIVED
MAR 15 2022
DCM-MHD CITY
R,e(" E7 art
Ft6 0 6 L022

17
\A
j s
#�" :���;y"t b'r yY'S, �+-«.-.+•""'� *'i 4^.` ra`I \ �. tiT s.,,r -y.
Y !•
.. .'

&3MDV79
U�'Efta
47.
0 0 D 1�-�PDgFMDL

3�, t•�ti^ � � aye T" ,
**4 �
e m � r • Y4L
e �y
loll
�k 44SvCal hR Y�.}va. ba .F5:3r�� '. Ruwl +iy.. tlV '1
a
e
k
gyp
r
ti
X� k
r a. to _d »i ° +. L'4 .•u; ..` t:—._.Y 's.__ .. Q ... -�r n _ _ _ vL

WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site; 1950-1970 Deep Creek Run County: New Hanover Sampling Date: 12/19/20
Applicant/Owner: Applicant: Headwater Enviro Owner: Dan Smith State: NC Sampling Point: OP-1
Investlgator(s): Paul Pascarosa Section, Township, Range: Middle Sound Loop
landform:(hillslope, terrace, etc.) upland Local Relief Icwove, come, rxnel: Nat Slope(V): 0-1%
Subregion iuta or maul LRRT LaC 34.262711 Lang:-77.77357 Datum: NAD83
Soil Map Unit Name: Lakeland sand NWI Classification: n/a
Are climatic/hydrologic conditions on the site typical for this time of year? p Yes ❑ No -
Are Vegetation ❑O' , soil O, or hydrology ❑ 'significantly distrubed7 Are 'Normal Circumstances" present? Yes O No ❑
Are Vegetation ❑ , soil ❑, or hydrology ❑ naturally problematic?, (If needed, explain in Remarks.)
3UMMAKY Ur rIIVUIIYbD - AStacn site map Snowing sampling point locations, transects, Important Teatures, etc.
Hydrophytic Vegetation Present? Yes O No ❑ Is the Sampled Area
Hydric Soil Present? Yes ❑ No O within a wetland? Yes ❑ No p
Wetland Hydrology Present? Yes ❑ ' No 10 '
Remarks: DP-1 uphill of a cypress Swale. A dwelling and multiple outbuildings were previously present atthe site. Demolition activity underway
during site
reconnaissance. Vegetation and soil distrubed from previous residential landscaping and current demolition activity.
see attached.
HYDROLOGY'
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two repuiredl
Primary Indicators minimum of one is re uired%check
all that apply):
❑
Surface Soil Cracks (36)
❑ Surface Water (Al)
❑
Aquatic Fauna (1133)
❑
Sparsely Vegetated Concave Surface (88)
❑ High Water Table (A2)
❑
Marl Deposits (815) (LRR U)
❑
Drainage Patterns (B30)
❑, Saturation (A3)
❑
Hydrogen Sulfide Odor (Cl)
❑
Moss Trim Lines (B36)
❑ Water Marks (81)
❑
Oxidized Rhizosphereson Living Roots (0)
❑
Dry -Season Water Table (C2)
❑ Sediment Deposits (82)
❑
Presence of Reduced Iron (C4)
❑.
Crayfish Burrows (C8)
❑ Drift Deposits(631
❑
Recent Iron Reduction in Tilled Scik(CE)
❑
Saturation Visible. on Aerial Imagery(C9)
❑ Algal Mat or Crust.(04)
❑
Thin Much -Surface (C7)
❑
Geomorphic Position(D2)
❑ Iron Deposits (05)
❑
Other lExplain in Remarks)
❑
Shallow Aquitard (D3)
❑ Inundation Visible on Aerial Imagery(87)
❑
FAC-NeutralTest(05)
❑ Water -Stained Leaves (139)
❑
Sphangum moss (DS) (LRR T,U)
Field Observations:
Surface Water Present? Yes ❑ No
0
Depth (inches): n/a
Water Table Present? Yes ❑ No
OO
Depth (inches): >20"
Saturation Present? Yes ❑ No
O
Depth (inches): >20"
Wetland
Hydrology
Present? Yes ❑ No O
(includes capillaryfringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections),.if available:
Remarks: Sufficientwetland hydrology is absent.
FEB © 6 2f�22
i
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region -Version 2.0

TGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: OP-1
Tree Stratum (Plot size: 30' )
1. Ilex opoca
Absolute Dominant Indicator
%Cover Species? Status
30 y FAC
Dominance Test Worksheets
. Number of Dominant Species
That Are OBL. FACW. or FAC: 3 (A)
Total Number of Dominant
Species Across All Strata: 5 (8)
Percent of Dominant Species
That Are 08L, FACW, or FAC: 60% (AIR)
2. uarperus virginiana 20 y FACU
3,
4,
S.
6.
50%of total cover:
Shrub/Sapling5trau (Plotsize: 30'
1. Magnolia grandifforo
50 =Total Cover
25 20%of total cover:
5
10
FAC
Prevalence Index worksheet:
- OBhspecies 0 xi- 0
FACWspecies 0 x2= 0
FAC species 70 x 3 = 210
FACU species 50 x4= 200
UPL species 0 x5= 0
Column Totals: 120 (A) 410 (B)
Prevalence Index =8/A= 3.4
2. Ogustrum sinense 25 Y FAC
3,
4,
S.
6.
7
Hydrophytic Vegetation Indicators:
❑ Dominance Test is>50%
❑ Prevalence Index is 53.Os -
❑ Problematic HydrophyticVegetation' (Explain)
s Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic
8
g -
30
11
12
13
14
15
50%of total cover:
Herb Stratum (Plot size: 30' )
1
30 =Total Cover
15 20%of total cover:
6
Definitionsof Vegetation Strata:
Tree- Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and Sin. (7.6
cm) or larger in diameter at breast height (DSH).
Sapling- Woody plants, excluding woody vines,
approximately 20 it (6 m) or more in height and less than 3
in. (7.6 cm) DOH,
Shrub - Woody plants, excluding woody vines,
approximately 3 to 20 it (1 to m) in height.
Herb - All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately 3 ft (1
m) in height.
Woody vine - All woody vines, regardless of height.
2
3.
4
5
6.
7
8.
g.
10,
it.
=Total Cover
50% of total cover: 20%of total cover:
Woody Vine Stratur (Plotsize: 30' )
1. Smifax rofundifolia 30 Y FAC
2. Hedera helix 30 Y FACU
3.
4.
5.
40 =Total Cover
5G% of total cover: 20 20%of total cover:
Remarks: (If observed, list morphological adaptations below)
Majority of data plot is cleared land, construction refuse, and dirt
US Army Corps of Engineers
Vegetation Yes (0 No ❑
Present?
FEB 0 G 1027
R
Atlantic and Gulf Coastal Plain Region - Version 'MAR
z0An 15
2022
DCM-MHD CITY

SOIL
Sampling Point: DP-1
Profile Desaiptlom (Describe to the depth needed to document the indicaloror confirm the absenceofindlcators).
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' Loc'
Texture Remarks
0-10
IU YR3/2 100
sndy loam uncoated sand grainds present
M20
10 YR3/1
100
sndy loam
'Type C= Concentration, D=depletion, RM=Reduced Matrix, MS= Masked Sand Grains
'Location: Pl. =Pore Lining, M=Matrix
Hydric
Soil Indicators:
Indicators for Problematic Hydric ScA:
❑
Hislosol(At)
❑
Polyvalue Below Surface (S8)(LRR S,T,U)
❑ 1 can Muck (A9)(LRR O)
❑-
Histic Epipedon(A2)
❑
Thin Dark Surface (S9)(CRR S,T,UI
❑ 2 cm Muck (AID) (LRR SI
❑
Black Histic (A3)
❑
Loamy Mucky Mineral (F3) (LRR01
❑ Reduced Vertic (F18) (outside MLRA 150A,B)
Cl
Hydrogen Sulfide(A41
❑
Loamy Gleyed Matrix(F2)
❑ Piedmont Floodplain Soils(F191 (LRR PST)
❑
Stratified Layers (AS)
❑
Depleted Matrix(F3)
❑ Anomalous Bright Loamy Soils(F20)
❑
Organic Bodies (AS) (LRR P,T,U)
❑
'Redox Dark Surface (F6)
(MLRA 153B)
❑
5 cm Mucky Mineral (A7) (LRR P,T,U)
❑
Depleted Dark Surface (F7)
❑ Red Parer[ Material (TF2)
❑
Muck Presence (A8) (LRR U)
❑
Redox Dep(essions.I1`8)
❑ Very Shallow Dark Surface(TF32)
❑
1 cm Muck (A9) (LRR PT)
❑
Marl (F10) (LRR U)
❑ Other (Explain in Remarks)
❑
Depleted Below Dark Surface (All)
❑
Depleted Ochric (FII) (MIRA 151)
❑
Thick Dark Surface(A32)
❑
Iron -Manganese Masses (F12) (LRR O,P,T)
'Indicators of hydrophytic vegetation and
❑
Coast Prairie Redox (Al6) (MLRA 150A)
❑
Umbric Surface (F131(LRR P,T,U)
wetland hydrology must be present,
❑
Sandy Mucky Mineral (S11 (LRR O,S)
❑
Delta Ochnc (F17) (MI.RA 251)
unless disturbed or problematic.
❑
Sandy Gleyed Matrix(S4)
❑
Reduced Venic(FIB)(MLRA 150A, 1508)
❑
Sandy Redox (SS)
❑
Piedmont Fioodplain Soils (F19) (MIRA 149A)
❑
Stripped Matrix ISE)
❑
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C,
153D)
❑
Dark Surface (571(LRR P,S,T,U)
Restrictive Layer (if observed):
Type:
Depth
(inches)
Hydric Soil Present? Yes ❑ No []
Remarks:
soil chroma'too high and redox features to deep to meet hydric sail parameter
-
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region - Version 2.0
FEB 0 6 202Z

WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region
Project/Site: 1950-1970 Deep Creek Run County: New Hanover Sampling Date: 12/19/20
Applicant/Owner: Applicant: Headwater Enviro Owner: Dan Smith State: NC Sampling Point: DP-2
Investigator(s): Paul Pascirosa Section, Township, Range: Middle Sound Loop
Lani form: (hillslope, terrace, etc.) wetland swale Local Relief Jm,,cx,i, wore., wnel: concave Slope
Subregion(tRRnrratRA) LRRT Lat: 34.263345 Long:-77.77361 Datum: NAD83
Soil Map Unit Name: Lakeland sand NWI Classification: n/a
Are climatic/hydrologic conditions on the site typical for this time of year? Yes O No ❑
Are Vegetation ❑ , soil ❑, or hydrology ❑ significantly distrubed? Are "Normal Circumstances" present? Yes O No ❑ o
Are Vegetation ❑ , soil ❑, or hydrology ❑ naturally problematic? (If needed, explain in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydraphytic Vegetation Present? Yes O No ❑ Is the Sampled Area
Hydric Soil Present? Yes ❑+ No ❑ within awetland? Yes 17 No ❑
Wetland Hydrology Present? Yes ❑' No ❑
Remarks: DP-2 located within of a cypress Swale. Several mature cypress trees presnet 75 to 125 years old), with cypress knees throught wetlands.
Topographically defined, groundwater driven system. Drains directly to AIWW. Ornamentals planted thoughout wetland and hillsides,
Photo(s):
see attached.
HYDROLOGY
Wetland Hydrology Indicators:
-
Secondary Indicators (minimum of two required)
Primary Indicators (min -mum of one is required;
check all that apply):
❑
Surface Soil Cracks (86)
O Surface Water (All
❑
Aquatic Fauna (B33)
❑
Sparsely Vegetated Concave Surface (88)
O High Water Table (A2)
❑
Marl Deposits (B15) (LRR U)
❑r
Drainage Patterns (B30)
O Saturation(A3)
2
Hydrogen Sulfide Odor (CI)
❑
Moss Trim Lines IBIS)
❑ Water Marks(Bl)
❑
Oxidized Rhirospheres on Living Hoots(C3)
❑
Dry -Season Water Table(C2)
❑ Sediment Deposits (821
❑
Presence of Reduced Iron (C4)
❑
Crayfish Burrows (C81
❑ Drift Deposits(B3)
❑
Recent Iron Reduction in Tiled Soils(C6)
❑
Saturation Visible an Aerial Imagery(C9)
❑ Algal Mat or Crust(64)
❑
Thin Much Surface(C7)
O
Geomorphic Position(D2)
❑ Iron Deposits (135)
O
Other (Explain in Remarks)
❑
Shallow Aquitard (D3)
❑ Inundation Visible on Aerial Imagery(B7)
O
FAC-Neutral Test[DS)
G1 Water -Stained Leaves(89)
❑
Sphangum moss (081(LRRT,U)
Field Observations:
Surface Water Present? Yes ❑' No
❑
Depth (inches): 1 to 3"
Water Table Present? Yes 17 No
❑
Depth (inches): @ surface
Saturation Present? Yes O No
❑
Depth (inches): s20"
Wetland
Hydrology Present? Yes O No ❑
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well,
aerial photos, previous inspections), if available:
Remarks: Sufficient wetlandhydrology is present. Cypress knees observe.
FEB 0 6 2O22
US Army Corps of Engineers
RE IVED
Atlantic and Gulf Coastal Plain Region - Version 2.0
MAR 15 2022
DCM-MHD CITY

VLUL I AI IUN (rour'strata) -use scientinc names of plants.
Sampling Point. DP-2
Tree Stratum (Plot size: It'll 25' )
1, Taxodium distichum
Absolute
%Cover
45
Dominant Indicator
Species? Status
y 081.
Dominance Test Worksheet
Number of Dominant Species
That Are OBL. FACW, a FAC: 4
Total Number of Dominant
Species Across AB Strata: 4
Percent of Dominant Species
That Are OBL, FACW, or FAC: 100%
(A)
(e)
(A/e)
2.
3.
4. -
5,
6.
5O% of total cover:
Shrub/Sapling5trau (Plotsize:8'05' (
1. Acerrubrum
45 =Total Cover
22.5 2D% of total cover:
5
9
FAC
Prevalence Index worksheet:
OBLspecies 75 x.l= 75
FACWspecies SO x2= 20
FAC species 5 ,x3= I5
FACU species 0 x4= 0
UPL species 0 x 5 = 0
Column Totals: 90 (A) 110
Prevalence Index =B/A= 1.2
(0)
2.
3.
4.
S.
6.
7
Hydrophytic Vegetation Indicators:
21 Dominance Test is>50%
❑ Prevalence Index is.53.O'
❑ Problematic Hydrophytic Vegetation' (Explain)
' Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic
g
9
10
11
12
13
14
15
50% of total cover:
Herb Stratum (Plot size: 8'x 25' )
1. Hedychium comnorium
S=Total Cover
2.5 2O% of total cover:
20 Y
1
OBL
Definitions of Vegetation Strata:
Tree - Woody plants, excluding woody vines,
approximately 20 it (6 m) or more in height and 3 in. (7.6
cm) or larger in diameter at breast height(DBH).
Sapling- Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and less than 3
in. (7.6 cm) DBH.
shrub - Woody plants, excluding woody vines,
approximately 3 to 20 it (I to 6 m) in height.
Herb - All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than approximately 3 it (I
_ m) in height,
Woody vine - All woody vines, regardless of height.
.
2. Peltandm virginico 30 Y OBL
3,
4. -
S. -
6.
7,
8.
9.
10,
It-
30 =Total Cover
50%of total cover: 15 2O% of total cover: 6
Woody Vine Stralur (Plot size: 8'x 25' )
1. Smifax/rruriyolia 10 Y FACW
2.
3.
Hydrophytic
Vegetation Yes O No ❑
Present?
4.
S.
10 =Total Cover
Remarks: (1f observed, list morphological adaptations below) . '
Data plot altered to reflect shape of wetland swale.
FEB 0 G NO?
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

SOIL
Sampling Point: DP-2
Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators).
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' Loc'
Texture Remarks
0-16 10YR 2/1 100
muck
'Type C= Concentration, D= depletion, RM=Reduced Matrix, MS= Masked Sand Grains
'Location: PL=Pare Lining, M=Matrix
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils":
❑ Hisloml(All
❑
Polyvalue Below Surface (SEI (LRR S,T,U)
❑
1 on Muck IASI)(LRR O)
❑ Histic Epipedon(A2)
❑
Thin Dark Surface (S9) (LRR S,T,U)
❑
2 cm Muck (A30)(IRR S)
❑ Black Histic (A3)
❑
Loamy Mucky Mineral (Fl) (LRR O)
❑
Reduced Vertic (FIR) (outside MLRA 150A,B)
❑ Hydrogen Sulfide (A4)
❑
Loamy Gleyed Matrix (F2)
❑
Piedmont Floodpiain Soils (F39) (LRR PST)
❑ Stratified. Layers (AS)
❑
Depleted Matrix (F3)
❑
Anomalous Bright Loamy Soils (F20)
❑ Organic Bodies (A6) (LRR P,T,U)
❑
Redox Dark Surface (F6)
(MLRA 153S)
❑ 5 cm Mucky Mineral (A7) (LRR P,T,U)
❑
Depleted Dark Surface (F7)
❑
Red Parent Material (TF2)
❑p Muck Presence (Ae) (LRR U)
❑
Redox Depressions (Fill
❑
Very Shallow Dark Surface (TF12)
❑ 1 cm Muck (A9) (LRR PT)
❑
Marl (F30)(LRR U)
❑
Other (Explain in Remarks)
❑ Depleted Below Dark Surface (All)
❑
Depleted Ochric (Fl1) (MLRA 1511
❑ Thick Dark Surface (Al2)
❑
Iron -Manganese Masses (F32) (LRR O,P,T)
°Indicators of hydrophytic vegetation and
❑ Coast Prairie Redox (A16) (MLRA 150A)
❑
Umbric Surface (F13) (LRR P,T,UI
wetland hydrology must be. present,
❑ Sandy Mucky Mineral (Sl) (LRR O,S)
❑
Delta Ochric (F37) (MLRA 151)
unless disturbed or problematic.
❑ Sandy Gleyed Matrix (54)
❑
Reduced Vertic (FIR) (MLRA 150A, 1SOB)
❑ Sandy Redox(S5)
❑
Piedmont Floodpiain Soils (F 19) (MLRA 149A)
❑ Stripped Matrix (S6)
❑
Anomalous Bright Loamy Soils (F20) (MLRA 149A, IS3C,
153D)
❑ Dark Surface (57)[LRR P,S,T,U)
-
Restrictive Layer (if observed):
Type:
Depth [inches)
Hydric Soil Present? Yes ❑O No ❑
Remarks:
hydric soils present
FEB 0 6 ;«L?
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region-VeiIIQEIVCD
MAR 15 2022
DCM-MHD CITY

WETLAND DETERMINATION DATA FORM Atlantic and Gulf Coastal Plain Region
Project/Site:
1950,1970 Deep Creek Run
County: New Hanover
Sampling Date: 12/19/20
Applicant/Owner:
Applicant: Headwater Enviro Owner: Dan Smith State: NC
Sampling Point: DP.3
Investigatarls):
Paul Pascarosa
Secdon,Township, Range: Middle Sound Loop
Landform:(hilisepe, terrace, etc.) .lawn
Local Relief (,.,am mmeq nmel: concave.
Slope(%): 1-2%
Subregion LtAaormuwl
LRRT
Lat: 34.263480 Long:-77J7364
Datum: NAD83
Soil Map Unit Name:
Lakeland sand
NWI Classification:.
n/a
Are climatic/hydrologic conditions on the site typical for this time of year? as ❑No
Are Vegetation O
, soil ❑, or hydrology
❑ significantly distrubed? Are "Normal Circumstances" present?
Yes O No ❑
Are Vegetation ❑ , soil ❑, or hydrology ❑ naturally problematic? (If needed, explain in Remarks.)
SUMMARY OF FINDINGS - Attach site map.showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes CO No ❑ Is the Sampled Area
Hydric Soil Present? Yes ❑ No CI within a wetland? Yes ❑ No 21
Wetland Hydrology Pment? Yes ❑ No O
Remarks: DP-3 collected upgradinetof wetland flag A-16. Upland maintained lawn.
Photo(s):
see attached.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators )minimum of two required)
Primary Indicators (minimum of one is required: check all that applyl:
❑
Surface Soil Cracks (86)
❑ Surface Water (AU
❑
Aquatic Fauna (813)
❑
Sparsely Vegetated Concave Surface (88)
❑ High Water Table (42)
❑
Marl Deposits IBIS) (LRR U)
❑
Drainage Patterns (1530)
❑ Saturation(A3)
❑
Hydrogen Sulfide Oder(C3)
❑
Moss Trim Lines(B16i
❑ Water Marks,(el)
❑
Oxidized Rhizospheres on Living Roots (0)
❑
Dry -Season Water Table (C2)
❑ Sediment Deposits (32)
❑
Presence of Reduced Iran (C4)
❑
Crayfish Burrows (CS)
❑ Drift Deposits(83)
❑
Recent Iron. Reduction in Tilled Soils(C6)
❑
Saturation Visible on Aerial Imagery(C9)
❑ Algal Mat or Crust (84),
❑
Thin Much Surface (0)
❑
Geomorphic Position (D21
❑ Iron Deposits(8S)
❑
Other(Explain in Remarks)
❑
Shallow Aquitard(D3)
❑ Inundation Visible on Aerial Imagery(87)
❑
FAC-Neutral Test(DS)
❑ Water -Stained Leaves (B9)
❑
Sphangum moss (138) (LRR T,U)
Field Observations:
Surface Water Present? Yes ❑ No
O
Depth (inches): n/a
Water Table Present? Yes ❑ No
p
Depth (inches): >24"
Saturation Present? Yes O No
❑
Depth (inches): >15"
Wetland
Hydrology Present? Yes ❑ No O
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks: Sufficient wetland hydrology is absent
Fe.!� 0 � 2f122
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0

v[93[ I A I IUN hour Diratal -use sclentinic names or plan[].
>amp... ur-a
Tree Stratum (Plot size: 30' )
1.
Absolute Dominant Indicator
%Cover Species? Status
Dominance Test Worksheets
Number of Dominant Species
That Are OBI, FACW, or FAC: 1
Total Number of Dominant
Species Across All Strata: 1
Percent of Dominant Species
That Are 06l FACW, or FAC: SOD%
(A)
(8)
(A/B)
2.
1.
4.
S.
6.
50% of total cover:
Shrub/Sapling Strati (Plotsize:30' )
1.
=Total Lover
20%of total cover:
Prevalence Index worksheet:
08Lspecies 0 x1= .0
FACW species 0 s2= 0
FAC species 100 x 3 = 300
FACU species 15 x 4 = 60
UPL species. 0 xS= 0
Column Totals: 1I5 (A) 360
Prevalence Index =8/A= 3.1
(B)
2.
3-
a,
5..
6.
7
Hydrophytic Vegetation Indicators:
❑p Dominance Test is> 50%
O Prevalence Index is 13.0',
❑ Problematic Hydrophytic Vegetation' (Explain)
' Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic
8
9
10
11
12
13 -
14
15
50% Of total cover:
Herb Stratum (Plot size: 30' )
1. Cortoderio selloona
=Total Cover
20%of total cover:
5.
FACU
Definitions of Vegetation Strata:
Tree- Woody plants, excuding woody vines,
approximately20 it (6 m) or more in height and 3 in. (7.6
cm) or larger in diameter at breast height DBH).
Sapling - Woody plants, excluding woody vines,
approximately ZO it (6 m) or more in height and less than 3
in. (7.6 cm) DBH.
Shrub - Woody plants, excluding woody vines,
approximately 3 to 20 it (1 to 6 m) in height.
Herb -All herbaceous (non -woody) plants, including
herbaceous vines, regardless of size. Includes woody
plants, except woody vines, less than. approximately 3. it (1
m) in height.
Woody vine - All woody vines, regardless of height
2. Stachysjloridana as y FAC
3. Hydrocotyle bowlesioides 15 FAC
4. Cynodon doctylon 10 FACU
S.
6.
7
8.
9,
10.
11,
115 =Total Cover
50% of total cover: 57.5 20%of total cover: 23
Woody Vine Stralur (Plot size: 30' )
1.
2.
3,
Hydrophytic
Vegetation yes O No ❑
Present?
4,
5,
= Total Cover
50% of total cover: 20%of total cover.
Remarks: (If observed, list morp'nological adaptations below)
Upland maintained lawn
'
US Army Corps of Engineers
Atlantic and Gulf Coastal Plain Region - Version 2.0
MAR 15 2022
DCM-MHD CITY

SOIL
Sampling Point: DP-3
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators).
Depth Matrix
Redox Features
'
(inches) Color (moist) %
Color (moist) % Type' fact
Texture
Remarks
0-3
10 YR3/2 Too
sandy
lm 80/20 coated v. uncoated
3-15
10 YR 4/1
IGO
sand
E-horizon
15-24
10 YR 311
100
loam
'Type C= Concentration, 0-depletion, RM=Reduced Matrix, MS= Masked Sand Grains
?Location: PL=Pore lining, M=Matrix
Hydric Soil indicators:
Indicators for Problematic Hyddc Soils':
❑
Histosol (All
❑
Polyvalue Below Surface (S8) (LRR S,T,U)
❑
1 cm Muck (A9) (LRR O)
❑
Histic Epipedon(A2)
❑
Thin Dark Surface (S9)(LRR S,T,U)
❑
2cm Muck (AID) (LRR S)
❑
Black Histic (A3)
❑
Loamy Mucky. Mineral (fill (LRR O)
❑
Reduced Vertic (F18) (outside MLRA 150A,B)
❑
Hydrogen Sulfide (A4)
❑
Loamy Gleyed Matrix (F2)
❑
Piedmont FloodplainSoils (F19) (LRR PST)
❑
Stratified Layers (AS)
❑
Depleted Matrix(F3)
❑
Anomalous Bright Loamy Soils(F20)
❑.
Organic Bodies (All) (LRR P,T,U)
❑
Redox Dark Surface(F6)
(MLRA3538)
❑
5 cm Mucky Mineral (A7) (tRR P,T,U)
❑
Depleted Dark Surface (F7)
❑
Red Parent Material (TF2)
❑
Muck Presence (All) (LRR U)
❑
Redox Depressions (F8)
❑
Very Shallow Dark Surface.(TF32)
❑
1 cm Muck (A9) (LRR PT)
❑
Marl (Flo)(LRR U)
'❑
Other (Explain in Remarks)
❑
Depleted Below Dark Surface (All)
❑
Depleted Ochric(Fll)(MLRA 151) '
❑
Thick Dark Surface(Al2) -
❑
Iron -Manganese Messes (F12)(LRRO,P,T)
alndicators of hydrophytic vegetation and
❑
Coast Prairie Redox (A16) (MLRA ISOA)
❑
Umbric Surface (F13) (LRR P,T,U)
wetland hydrology must be present,
❑
Sandy. Mucky Mineral (SI)(LRR O,S)
❑
Delta Ochric (F17) (MLRA 3SI)
unless disturbed or problematic.
❑
Sandy Gleyed Matrix IS4)
❑.
Reduced Vertic(F38)(MIRA 150A,.1508)
❑
Sandy Redox (S5)
❑
Piedmont Fioodplain Soils (F39) (MLRA 149A)
❑
Stripped Matrix (56)
❑
Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C,
153D)
❑
Dark Surface (57)(LRR P,S,T,U)
Restrictive Layer (if observed):
Type:
Depth
(inches)
Hydrie5oil
Present? Yes ❑ No ❑O
Remarks:
nonhydric soils present
y'
r
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.6

WETLAND DETERMINATION DATA FORM -Atlantic and Gulf Coastal Plain Region
ProjecUSite:
1950-1970 Deep Creek Run. County:
New Hanover
Sampling Date: 12/19/20
Applicant/Owner:
Applicant: Headwater Enviro Owner: Dan Smith
State: NC
Sampling Point: DPA
Investigator(s):
Paul Pascarosa Section, Township, Range: Middle Sound Loop '
Landform:(hillslope, terrace, etc.) wetland swale Local Relief(concave. annex, none): flat
Slope(%): 0-1%
Subregionnitkoreet,tal
LAST Lat: 34.262663
Long:-77.77336
Datum: NAD83
Soil Map Unit Name:
Tidal marsh
NWI Classification:
n/a
Are climatic/hydrologic conditions on the site typical for this time ofyear?
as Qio
Are Vegetation O
, soil Q, or hydrology ❑ significantly distrubed?
Are "Normal Circumstances" present?
Ye5o No O
Are Vegetation ❑ , soil ❑, or hydrology ❑ naturally problematic? (If needed, explain in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes O No ❑ Is the Sampled Area
Hydnc Soil Present? Yes (A No ❑ within a wetland? Yes 0 No. ❑
Wetland Hydrology Present? Yes Q No Q.
Remarks: DP-4 collected in a flat poorly drained wetland system. Routinely mowed/bushhogged. Adjacent and abutting coastal wetlands.
Photo(sl:
see. attached.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply):
❑
Surface Soil Cracks (B6)
0 Surface Water (Al)
❑
Aquatic Fauna (613)
❑
Sparsely Vegetated Concave Surface (Bill
G) High Water Table (A2)
❑
Marl Deposits (815) (LRR U)
❑
Drainage Patterns (010)
Saturation (A3)
❑
Hydrogen Sulfide Odor (Cl)
❑
Moss Trim Lines (B16)
Q Water Marks (Bl)
❑
Oxidized Rhizospheres on Living Roots IC3)
❑
Dry -Season Water Table (C2)
Cl Sediment Deposits (52) -
❑
Presence of Reduced Iron (C4)
❑
Crayfish Burrows (08)
❑ Drift Deposits (B3)
❑
Recent Iron Reduction in Tilled Soils (06)
0
Saturation Visible on Aerial Imagery (C9)
❑ Algal Mat or Crust (B4)
❑
Thin Much Surface (C7)
❑
Geomorphic Position (D2)
❑ Iron Deposits IRS)
❑
Other (Explain in Remarks)
❑
Shallow Aquitard (03)
❑ Inundation Visible on Aerial Imagery (B7)
❑
FAC-Neutral Test (OS)
❑ Water -Stained Leaves (89)
❑
Sphangum moss (D8) (LRR T,U)
Field Observations:
Surface Water Present? Yes Q+ No
❑
Depth (inches): <1" .
Water Table Present? Yes fJ No
❑
Depth (inches): @surface
Saturation Present? Yes Cl No
❑
Depth (inches): @ surface
Wetland.
HydrologyPresent? Yes O No Q
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks: Sufficient wetland hydrology is present
RECEIVE
MAR 15 20
DCM-MHD
US Army Corps of Engineers Atlantic and Golf Coastal Plain Region - Version 2.0
D
2
ATY

VEGETATION (Four Strata) - Use scientific names of plants.
sampling Point: DP-4
Tree Stratum (Plot site: 30' )
1.
Absolute Dominant Indicator
%Cover Species? Status
Dominance Test Worksheet:
Number of Dominant Species
That Are OR, FACW, or FAC: 2
Total Number of Dominant
Species Across All Strata: 3
Percent of Dominant Species
That Are OBL, FACW, or FAQ 67%
Prevalence Index worksheet:
OBLspecies 25 x 1 = 25
FACWspecies 0 x.2= 0
FAC species is x3= 45
FACU species 10 x 4 = 40
UPL species 0 x5= 0
Column Totals: 50 (A) 110
Prevalence Index B/A= 42
(A)
(B)
(A/B)
(B)
2.
3.
4.
S.
6.
=Total Cover
SO%of total cover: 20%of total cover:
Shrub/Sapling Strait (Plot size: 30' )
1.
2.
3.
4.
S.
6.
7 -
Hydrophytic Vegetation Indicators:
O Dominance Test is>50%
❑ Prevalence Index is 53.0t
❑ Problematic Hydrophytic Vegetation' (Explain)
t Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic _
Definitions of Vegetation Strata:
Tree -Woody plants, excluding woody vines,
approximately 20 ft (6 m) or more in height and 3 in, (7.6
cm) or larger in diameter at breast height)DBH).
Sapling -Woody plants, excluding woody vines,
approximately 20 it (6 m) or more in height and less than 3
In, (7.6 cm) DBH.
Shrub - Woody plants, excluding woody vines,
approximately 3 to lO ft(l to 6 ml in height
Herb - All herbaceous(non-woody)plants, including
herbaceous vines; regardless of size. Includes woody
plants, except woody vines, less than approximately 3 it (1
m) in height.
Woody vine - All woody vines, regardless of height.
Hydrophytic
Vegetation Yes 0 No ❑
Present?
B
9
10
11
12
13
14
15
=Total Cover
50% of total cover: 20% of total cover:
Herb Stratum (Plot size: 30' )
1.
2. 7uncusroemerfanus 25 Y OBL
3. Hydrocotyle bowlesioides 15 Y FAC
4, Lyndon dartylon 10 y FACU
5,
6.
7,
B.
9.
10,
11.
50 =Total Cover
S076 of total cover: 25 20%of total cover: 10
Woody VineStratur (Plot size: 30' )
1.
2.
3.. -
4.
S.
= Total Cover
50%of total cover: 20%Of total cover:
Remarks: (If observed, list morphological adaptations below)
maintained wetland lawn. No trees, saplings, or shrubs present
US Army Corps of Engineers
sf � Q) 2G�:
Atlantic and If oa to Plain Region -Version 2.0

SOIL
Sampling Point: OP-4
Profife Description: (Describe to the depth needed to document the indicator or confirm the absence of Indication).
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type` Lac'
Texture Remarks
0-3
10 YR 2/1 100
mcky Im
3-15
30 YR 6/1
100
sandy
'Type C= Concentration, D= depletion, RM=Reduced Matrix, MS= Masked Sand Grains
'Location: PL=Pare Lining, M=Matrix
Hydric Soil Indicators:
Indcators for Problematic Hydric Soft':
❑
Histasol(All
❑
PolyvalueBelow Surface (58)(LRR S,T,U)
❑
1 cm Muck (A9) (LRR 01
❑
Histic Epipedon (A21
❑
Thin Dark Surface (59) (LRR S,T,U)
❑
2 cm Muck (AID) (LRR 5)
❑
Black Histic (A3)
❑
Loamy Mucky Mineral (F3) (LRR O)
❑
Reduced Vertic (FIB) (outside MLRA 150A,B)
O
Hydrogen Sulfide(A4)
❑
Loamy Gleyed Matrix(FZ)
❑
Piedmont Floodplain Soils (F19) (LRR P,S,T)
❑
Stratified Layers (AS)
❑
Depleted Matrix (F3).
❑
Anomalous Bright Loamy Soils (F20)
❑
Organic Bodies (AS) (LRR P,T,U)
❑
Redox Dark Surface IF6)
(MLRA 1535)
(a
5 cm Mucky Mineral (A7) (LRR P,T,U)
' ❑
Depleted Dark Surface JF7)
❑
Red Parent Material(TF2)
❑
Muck Presence (AB) (LRR U)
❑
Redox Depressions (Fit)
❑
Very Shallow Dark Surface (TF1Z)
❑
1 cm Muck (A9) (LRR P,T)
❑
Marl (F30) (LRR U)
❑
Other (Explain in Remarks)
❑
Depleted Below Dark Surface (All)
❑
Depleted Ochric (Fit) (MLRA 1511
^
❑
Thick Dark Surface (A121
❑
Iron -Manganese Masses (F72) (LRR O,P,T)
'Indicators of hydrophytic vegetation and
❑
Coast Prairie Redox (A161 (MIRA 150A)
❑
Umbric Surface (1`13) (LRR P,T,U)
wetland hydrology must be present,
❑
Sandy Mucky Mineral (SI) (LRR O,S)
❑
Delta Ochric (1`37) (MLRA I531
unless disturbed or problematic.
❑
Sandy Gleyed Matrix (S4)
❑
Reduced Vertic (FIB) (MLRA ISDA, 15001
❑
Sandy Redox (SS)
❑
Piedmont Floodplain Soils (FIB) (MLRA 149A)
❑
Stripped Matrix (S6)
❑
Anomalous Bright, Loamy Soils (F20) (MLRA.149A, 153C,
1530)
❑
Dark Surface (S7)(LRR P,S,T,U)
Restrictive Layer (if observed):
,
Type:
Depth
(inches)
Hydric Soil Present? Yes (] No ❑
Remarks:
hydric soils present
REC
MAR
DCM-M
US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 10
IVED
5 2022
iD CITY

,,,,
�..,..
s
�
.+:'
A
Tr
�a
,
`
r
d
1 f.f
v

a ,• r
pd }t.4. ,�' ' '. ^fir rr �R Tr' ^•.-.
.pry t r r
:� ..��[;r�. .�,. ;j. rx�li '1 y;2^ $t }/'+�c. ri,.• 7... =i'��""sa�r�
Photograph ••• of • 4141 wetland swale.
;5NN
t k ^ + ^ wo "p
''�f�N}��F�.,, '��t '' �` • � xr� P tkyp4 y 1 �ii}IY
E '4
t� j s� � Yj' CF t i{ N�'' x �`• � , r . r +� �� Ci�
^
' Ai i • ,•�'�i
i; � •t��lr 3i.��i'° � " a a tx>i �q. iR f a
r ��1��td'^rtf>r •rx '� -. wxt4 ��°i.��' +tt�'� a`r •:
�� ' y�r�,{}p 6`tK� •+�4 tti ix as t"�+. �x t `��}r+ �- �' �"� ,•T?.t�"�j Sd*•
•_ i'.'.: t3 'r.'cKi';:i� .�.>>°.!N rei5.5�e�+.�.1 e r�+ ie�. _s•�N�-. _ =1i� ,

t 9
{
41
1
I
/
1
4
4
{L,
PTV
.40

i
1 �
..a�
i
'
x
_
.r
�
-' _..
i,
,
,l
A.,
�
L. •e
i.
� ';�
,
�
'
-f
�� i.
`
_. _
.,.
..
�\+f. .31
'
.
�!
.i
.4t ._
�� �
� �\
1
'�.
�n%
�.
l�
2 S
�
..
' \ �- `�
�,
i�
d
�
�

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: r-�I,,,►r •r
4
Fee: $ M # 10
CDAITS _ MHC cc
ApplicanC
Agent/Contractor:
Project Site County: N WJ
Staff:
V- (L
District: Wilmington
Project Name: _ _
h
t
Rover Fil We
River Basin:
l A
Initial date of application submittal: k V
Date application "received as complete" in the Field office:
Permit Authorization: ❑ CAMA Dredge & Fill Aoth
SITE DESCRIPTION/PERMIT INFORMATION
ORW: 19yes ONO PNA: ❑Yes ONO
Photos Taken: Ye-7No❑
Setback Required (riparian): es ❑No
Critical Habitat: Yes WNo ❑Not Sure
15 fool waiver obtained: UYes o
Hazard Nification Returned:
❑Yes ®No
SAV: ❑Yes ❑No XNot Sure
Shell Bottom: ❑Yes Wo ❑ Not
Temporary Impacts: ❑Yes ;WNo
Sure
Sandbags: []Yes No El Not Sure
Did the land use classification come
Mitigation jequired (optional):
from county LUP: ((%es ❑No
❑Yes I JiRlo
Moratorium Conditions:
Environmental Assessment Done:
❑Yes ❑NA
Length of Shoreline:
4__
( yes ❑No ❑NA
rMNo
_Cq FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
(pe -or- Closed
p
a 4gi v.kz ryo • � � �
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
High Quality Waters (HQW) LAOutstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
El (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
"Cattail (Typha sp.)
spicata)
sp.)
El (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or comet w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
Major Modification to a CAMA Major
El IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
El Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
0 II. Public or commercial/no dredge
RECENED—
$100
and/or fill - $400
❑ I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
MAR 15 2022
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
rY
UI.rIVI-IVI1 ILJ VI1 if

Applicant 3M, 0(I LL(-
Date: 3I i LI I Do a
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
se
Choose
Dimension t
Dimension 2
Dimension 3
Dimension 4
o
PR
I
New WorkW
Replace
Maint ❑
❑ Y aN
I
(t
New Work
Replace
Maint ❑
❑ Y R N
I luid
U r
R
I
New Work
Maint ❑
Replace
❑ Y N
I sd
6
T E
3
New Work
Maint ❑
Replace
Ely IN
' r
I U
New Work
Replace
c
Maint ❑
Ely N
New Work QE
Replace�f
L
3
Maint [I
❑ Y` W N
14,
Ill
1
New Work
Replace
r
/
D(Vt,{gl„Iw
WRY
/
Maint❑
❑Y IN
U7
t��
�) QD
I
New Work
Maint ❑
Replace
❑ Y
1II �
//l �
I-
I W
N
M 1% (Slew%etkspa:al)1 tjaww U ti 100' H JVoI
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
Habitat Name
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount
tempimpacts)
amount
Dredge Fill [I Both ❑ Other ❑
t o (
1�
-"l 0% �
6 W
Dredge ❑ Fill ❑ Both [I Other �
��I
"} ( U pQ
"
(4( 1P c70
L
Dredge ❑ Fill ❑ Both ❑ Other IS
3 () Q
-31 0to 0
W L�
Dredge ❑ Fill ❑ Both ❑ Other
a I S 3 a
a
4'A1 C
Dredge ❑ Fill ❑ Both ElOther x
4LI02ID
Zlo
(-f L
Dredge ❑ Fill Both ❑ Other ❑
10530
L01 rj 3Q
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733.2293 :: 1-888-4RCOAST ❑ www,nccoastalmanaaemenlnet
MAR 15 202Z
DCM-MHD CITY
revised: 02i26l18

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
9/8/2021
D1M-NC, LLC
Dan Smith
First
1020
$400.00
Major Fee, 1970 Deep Creek Run,
KE rct.
Carolina
Wilmington NHCo SPLIT 60/40
15741
Bank
0
0
n
M
�A
_
p
c�
"'
N
o
N
N
M
<
M

Major Permit Fee Schedule
Project Name: [NUKi - j l G
County: t{L
Check No & Amount:
10 D- D /Ow
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($O)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied.
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D), If General Water Quality
40
1
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:
RECEIVED
MAR 15 2022
DCM-MHD CITY

Luck, Cameron A
From: Dennis Stallings <[e-mail]>
Sent: Wednesday, September 21, 2022 2:25 PM
To: Luck, Cameron A
Cc: Hall, Bryan L; Romaine, Tony; Ben Warren
Subject: [External] RE: Comments received; Major Permit application for NCDNCR
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Hi Cameron,
Thanks for reaching out to me; and thanks Bryan for forwarding my contact information.
Relative to the comments or recommendations expressed in the letter from the SHPO dated August 15, 2022, 1 offer the
following responses:
1. Throughout the design phases we retained Commonwealth Heritage Group who published their latest report
dated February 2021. The anomalies noted in their report were in locations proximate to the existing
earthworks. Our original bid package included three new earthworks as part of the scope of work;
unfortunately, due to budget constraints, those were bid as an alternate that was not accepted. We do not
anticipate disturbance of areas of historical significance since the new visitor center is located on the opposite
side of the current structure, where parking is now located. The Underwater Archeology Building is located at
the extreme northwest corner of the site and near the end of the WWII runway. I have copied the contractor on
this response so that he is aware of this and can contact us in the event that the runway is encountered during
construction.
2. Tree protection fencing will be installed as part of the contract. Signage identifying roots and tree canopy will be
included.
3. The Director of the Visitor Center pointed out that they currently have other concrete walkways on site and
would prefer to keep the new sidewalks as concrete to match. There is also concern about the durability of a
soil consolidant in the event of a major storm or flood event.
Let me know if this response sufficiently addresses the issues in the letter and if you have any further questions.
Thanks,
Dennis Stallings FAIA
Design Director I Principal
CLARKNEXSE ❑
We've moved! Take note of our new location below:
421 North Harrington Street Suite 600
Raleigh, NC 27603
919.576.2122 Direct
919.828.1876 Office

[e-mail]
www.clarknexsen.com
From: Luck, Cameron A <[e-mail]>
Sent: Wednesday, September 21, 2022 2:03 PM
To: Dennis Stallings <[e-mail]>
Cc: Hall, Bryan L <[e-mail]>; Romaine, Tony <[e-mail]>
Subject: FW: Comments received; Major Permit application for NCDNCR
I External Sender I
Dennis,
Bryan Hall with DCM forwarded me your contact information. We are currently drafting a permit action decision for this
project but I wanted to forward the comments provided to us by the NC State Historic Preservation Office. See
forwarded email for more information. I need confirmation from you on how the applicant intends to proceed with the
requests provided in the attached comments. "
We have still not heard from the Corps on this one but will likely issue prior to them.
Let me know if you have any other questions,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
Cameron. Luck aOncdenr.aov
400 Commerce Avenue
Morehead City, NC 28557
htti)://i)ortal.ncdenr.org/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Luck, Cameron A
Sent: Monday, September 19, 2022 10:47 AM
To: [e-mail]
Cc: Romaine, Tony <[e-mail]>
Subject: Comments received; Major Permit application for NCDNCR
Good morning,
The Division of Coastal Management has received comments from the NC State Historic Preservation Office. No other
comments were received from other review agencies.

Please advise on whether or not the applicant intends to incorporate any or all of the recommendations as part of this
project.
Additionally, we are still waiting on USACE comments but are currently completing processing of this application and
should have a permit action decision to you soon.
I appreciate your patience!
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
Cameron Luck(o)ncdenr.gov
pY�FmRnnmYl Na�lry�
400 Commerce Avenue
Morehead City, NC 28557
http://portal.ncdenr.org/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

7/28/2021, 4:44:17 PM
i Parcels Roads Major Roads
DJM-NC, LLC
c/o Dan Smith
1970 Deep Creek Run
Wilmington, New Hanover County
Prepared By: Debbie Wilson
7/19/21 NTS
Sheet 1 of 5

/�///`• LOT
TS
911E tl9gLN1NMl /- u¢� N¢� \• 'C `� � / �S
11-AS [1LN9YTI REOYIPE1ENt9 \ < APO /' ��¢
\ r\\/- e� , _ � arc•
oowuareme wrwr \ �\ / � e
V P
srxEtma //J
o Eo tag 1v
i
Survey of Reconfigured Lots
Sheet 2 of 5

Existing Conditions
�N
N
N
4 AIWW
O
Dellaine Risley
2010 Deep Creek Run
Wilmington, NC 28411
if
t
Marsh
r
P/
L
3 / LOT 2
DJM-NC, LLC
Go Dan Smith
1970 Deep Creek Run
Wilmington, NC 28411
P
LOT 1
O = Exi. 9aav
Water Depths
R.
,.ate
Establishes Pier
Head Alignment
1 ex m
II
it
—10W
Existing
Pa
' Don & Sandy Van Der Veen
1827 Register Lane
L Wilmington, INC 28411
DJM-NC, LLC
U, Dan Smith
1970 Deep Creek Run
Wilmington, New Hanover County
Drawn BY: Debbie Wilson
711221 Scale: 1" = 50'
Sheet 3 of 5

Finished Grade
Top Cap Elevation
�y
Tie rod
i
Backfill Area Oeadmai
Bulkhead/
Retaining Wal -
Sheet Pile
Fi ter Fabric
TYPica�l Bulkhead/Retaining Proposed
Wan n-8ecction�— PPier
DJM-NC, LLC
c/o Dan Smith
X-Sections 1970 Deep Creek Run
Wilmington, New Hanover Co.
Drawn By: Debbie Wilson
7/19/21 Sheet 5 of 5
Existing Undisturbed Revised 7/14/22
Highground
Interlocking
Stone
Ground
Typical Stone Retaining Wall
ec l in NIS
Proposed Covered
16' x 16' Platform Proposed
14' x 14'
Boatlift
Existing 4�7
Bottom--- i
Contour - - - -
Typical Pier, Docking Facility
Proposed 8' x 20'
Floating Dock
--NHW_
-- - --- "-- --- -.NLW ---
-.°
a— Existing
Bottom
Contow

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
June 20, 2022
Debbie Wilson ([e-mail])
Dan Smith ([e-mail])
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for DJM-
NC, LLC in New Hanover County
Dear Mr. Smith:
This letter is in response to the above referenced CAMA Major Permit application, which was
accepted as complete by the Division's Wilmington office on March 11, 2022. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. The required item is
summarized below:
1) Comments were received from the NC Division of Marine Fisheries (NC DMF) and the
NC Wildlife Resources Commission detailing concerns with the proposed dredge boat
basin and impacts to shellfish habitat, submerged vegetation habitat, and submerged
aquatic vegetation. These comments were forwarded via email on June 15, 2022.
2) In accordance with 15A NCAC 07H.0208(a)(2)(B), it is the policy of this Division that,
prior to taking final action on a project of this nature, a Water Quality Certification for
the proposed development must first be approved by the Division of Water Resources
(DWR).
On June 16, 2022, the DWR placed the project on hold as proposed and requested additional
information. I have provided the state agency comments and the DWR hold letter within the
email providing this notification for your reference.
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as the required information is accepted by the resource agencies and final comments
have been provided.
If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone], or by email at [e-mail].
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
xmmmmimr..sm.�wawr� /`�
25Z808.2808

Sincerely,
Cameron Luck
Division of Coastal Management
Assistant Major Permits Coordinator
CC:
DCM WiRO
Greg Currey, USACE Wilmington Regulatory Field Office
Holley Snider, DWR WiRO
Kim Harding, NCDMF
Maria'Dunn, NCWRC
�DEQ�
n�.�mwuwmnuodmr�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1400 Commerce Avenue I Moorehead City. North Carolina 28557
252B08.2808

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quallty
August 19, 2022
Debbie Wilson ([e-mail])
Dan Smith ([e-mail])
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for DJM-
NC, LLC in New Hanover County
Dear Mr. Smith:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on March 11, 2022. On June 20, 2022,
processing of your application was placed on hold due to comments received from NC Wildlife
Resources Commission, NC Division of Marine Fisheries, and the Division of Water Resources
concerning the proposed dredge boat basin and impacts to shellfish habitat, submerged
vegetation habitat, and submerged aquatic vegetation. With the acceptance of the updated MP -I
and MP-4 forms, revised drawings which have removed the dredging component, and the
resulting DWR certification issued July 20, 2022, processing of your permit application has
officially resumed. The revised projected 150-day deadline for making a decision is October 11,
2022.
Please feel free to contact me by phone at [phone] if you would like to discuss this matter
.further.
CC: DCM WiRO
Sincerely,
Cameron Luck ,
Assistant Major Permits Coordinator
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808

Proposed Structures
AIWW
F
Setback
1 i 1 c L
C C
@O I I O r 0 , I t60
cs
I c ! to
+ .. _. N O. _�. f �p I O i O
� Established Pier
e° a" y i I P I Head Alignment
I ' k. !
Existing Doc �' to l 1
Adjacent ugK If
Structure s• I 1 , •
a l s s•' 114'toAdscent
Stricture
I I I I I
Dellaine Risley
2010 Deep Creek Run
Wilmington, NC 28411
L
L
404
Wetlands
L
i
I
I
I
I
t
I
I
1
t
I
,
I
�
I
!
I
b I
a
Ix1
x
x�
FT
t
l
NLW
Fq
de oiffUpland
y
RWge
W HW
y
NHW
y
Upbne
y
RlNe NHW
Morsh
I
t
�y
y
Existing
yr
Pond
IV
Po nd
Marsh
45 DJM-NC c/o Dan Smith
1970 Deep Creek Run
Wilmington, NC 28411
Lot 3 Lot 2
,1 L
Bulter
i
404 'Weflands
/ rr 10'Return
2 all
2T
119 Area in Pink = 404 Wetlands
Delineated By Headwaters
Environmental and Provided
on the Survey By Paramounte
Engineering, INC
P
L
Don & Sandy VanDer Vaan
1827 Register Lane
Wilmington, NC 28411
Lot 1
DJM-NC c/o Dan Smith
1970 Deep Creek Run
VVilmington, New Hanover Co.
Drawn By: Debbie Wilson
7/12/21 and Revised 1/21/22
Scale: 1" = 50' Sheet 4 of 5

Narrative VOID
Revised 1/21/21
As acting agent for DJM-NC, LLC c/o Dan Smith, I am submitting a CAMA
Major Permit application for their property located at 1970 Deep Creek Run,
Wilmington, in New Hanover County. The existing property is to be subdivided
into 3 separate waterfront lots each with its own docking facility. As proposed,
each pier will be 6' in width and varying lengths (Lot 1 = 410', Lot 2 = 457' and
Lot 3 = 53 P) at the terminal end of each pier will be a 16' x 16' covered platform.
Waterward of the platforms will be an 8' x 16' floating dock, each with a 14' x 14'
boatlift on one side creating a 2-slip docking facility for each lot.
A boat basin measuring 42' x 167' will be excavated to a final depth of -3' @
normal low water (NLW) which will connect all 3 docking facilities. The existing
water depths range from -16" to -3' at NLW in this area. Both adjacent docking
facilities have active CAMA Permits for dredging as well.
As proposed, the structures will slightly exceed the '/, width of the waterbody
limitation which is 164' since the width of the waterbody measures 655' in this
location however, they will not exceed the adjacent pierhead line and will not
encroach into.the adjacent 15' riparian corridor setbacks.
A new 435'long vinyl retaining wall with a 10' long return wall, constructed like a
bulkhead will be installed just landward of the 404 Wetlands. The tie -back system
will extend 20' landward of the wall. A new 18 P long stone landscape wall will
also be installed along the landward side of the 404 Wetlands and the existing large
bamboo area located along the eastern side of the property.
The DWR pre -filing meeting request has been filled out on the website and a copy of the return
email resulting from that submittal is included in this CAMA Major Permit application.
• 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.
Please feel free to contact me if you have any questions or concerns.
FFR 0 0 212
RECEIVED
MAR 15 2022
DCM-MHD CITY

Dom MP-1
APPLICATION for
Major Development Permit
(lost revised 12127106)
VOID
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
DJM-NC.LLC
Project Name (II applicable)
1970 Deep Creek Run
Applicant 1: First Name
Daniel
MI
E
Last Name
Smith
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
1838 Sir Tyler riv 21
PC Box
city
Stale
ZIP
Country
Phone No.
ext.
FAX No.
-
Streettate Address (if dlflerenf Iran above)
City
S
ZIP
Email
Dan sh 2.com
2. Agent/Contractor Information
Business Name
n Contractor 1: First Name
Debbie
MI
D
Last Name
Wilson
Agentl Contractor 2: First Name
MI
Last Name
Meiling Address
Po Box
16275
City
Wilminaton
state
NQ
ZIP
Phone No. 1
910- 612
-0402 ext.
Phone No. 2
ext.
FAX No.
Contractor R
Street Address (ildifferent born above)
Ctty
State
ZIP
Email
debbiew75(olcharter.net
RECE
RECEIVED
<Form continues on back>
SEP 0 7
IVED
MAR 15 2022
CITY
DCM WILMINGTON, NC

�.
L .. r s

Form DCM MP-1 (Page 2 of 4)
VOID
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. M
HanoverNew
Subdivision Name
City
State
Zip
Wilmin on
1
Phone No.
Lot No.(s) (if many. attach additional page with list)
910 200 - 454 ext.
a. In which NC river basin is the project located?
White Oak
b. Name of body of water nearest to proposed project
A1WW
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
AIWW
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
New Hanover Count
4. Site Description
a. Total length of shoreline on the tract (ft.) NII� s,Itb.
Size of entire tract (sq.ft.)
C. Size of Individual lot(s)
d. Approximate elevatlon of tract above NHW (normal high water) or
to t La z Lot ]
107.974,76,665,75.081 , sq.ft.
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
2, 27' ®NHW or ❑NWL
e. vegetation on tract
Lawn grasses, Pine trees, Oak trees, Bamboo, various "404" and Coastal Wetlands.
I. Man-made features and uses now on tract
Vacant land, remnant bulkhead, a few old remnant pilings and silt fence.
g. Identify and describe the existing land uses adjacent to the proposed project site.
Residential
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
Residential R-20S
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes (@No
�r'+�
k. Hasa professional archaeological assessment been done for the tract? It yes, attach a copy. ❑Yea ®No ❑NA �EV
If yes, by whom? MAR 1
I. Is the proposed project located in a National Registered Historic District or does it Involve a []Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
/ED
2022
11y11T / _0
SFP 0 7 2021

Form DCM MP-1 (Page 3 of 4)
VOID APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes []No
(il) Are there coastal wetlands on the site? ®Yes ❑No
(ii) If yes to either (i) or (u) above, has a delineation been conducted? ®Yes ❑No
(Attach docwrientaaon, it available) See survey and site plan
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing drinking water supply source.
Private Well
—------- -------------------
p. Describe existing storm water management or treatment systems.
None
8. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑PubliclGovernment
OPrivalelCommunily
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Private residential use
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
or equipment and where it is to be stored.
Typical marine construction with pile driver, backhoe, skid steer, barge mounted excavator
d.
List all development activities you propose.
Stone retaining wall, vinyl bulkhead style retaining wall, 3 private piers,
each with a covered platform,
floating dock, boatlift and dredged boat basin
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?
NSq.Ft or ❑Acres
22,228
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 stale.
RECEIVU
None proposed
MAR 15 202
I.
Will wastewater or stormwater be discharged into a wedand?
Dyes ®No ❑NA
DCM-MHD
If yes. will this discharged water be of the same salinity as the receiving water?
Dyes ONO ®NA
j.
Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on back>
SEP 07 2 2�

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
VO-ID
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP.1) the following items below, it applicable, must be submitted in order for the application
package to be complete. Items (a) - (9 are always applicable to any major development application. Please consult the application
Instruction booklet on how to propedy prepare the required Items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, dearly 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 Dellaine Risley Phone No.
Address 2010 Deep Creek Run, Wilmington, NC 28411
Name Don & Sandy Van Der Vaart Phone No.
Address 1827 Register Lane, Wilmington, NC 28411
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pemtittee, and issuing dates.
N9ne_found
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
I. 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. I I3A 1.10). If necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with are North Carolina Environmental Policy Act.
17. 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.
1 further certify that the Information provided in this application is truthful to the best of my knowledge. RECEIVED
Date 7/21/21 Print Name Debbie Wilson. Agent for DJM-NC, LLC
/ A
Signature D¢66GrZ Gl%�8�,_AgPnt MAR 15 2022
Please indicate application attachments pertaining to your proposed project. DCM-M H D CITY
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development DECEIVED
®DCM MP-4 Structures Information
SEP 0 7
DCM WILMINGTON, NC

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
VOID
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 andlor 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
stabillzation
Length
Width
42'
Avg. Existing
_
NA
NA
Depth
-1,5' a NLW
Final Project
NA
NA
Depth
-3' Q NLW
11. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
390 cv
c. (i) Does the area to be excavated Include coastal wetlandslmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB).
or other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
to be excavated.
d. High -ground excavation in cubic yards.
12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area.
Upland site to�Q@ffi(mined 6v GOntraclor and appioxedbXD_GIvL
c. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(II) If no, attach a letter granting permission from the owner.
Will obtain ans submit to DCM prior to deposition
b. Dimensions of disposal area.
�J.Irifirl/'iYU7R1RfT.TTi.17SYS1rIN,L ..
d. (I) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
IN) If yes, where?
RECEIVED
e. (i) Does the disposal area include any coastal wetlandstmarsh f. (i) Does the disposal include any area in the water?
(CW). submerged aquatic vegetation (SAV), shell bottom (SB). ❑Yes NINo ❑NA MAR 15 2022
or other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected. fill If yes, how much water area is affected?
❑CW _ ❑SAV _ ❑se _ n :M-MHD CITY
OWL ®None ryen
(h) Describe the purpose of disposal in these areas: REOG IVED
SEP 0 7 2.V:
00 WILMINGTON, NC

3. SHORELINE STABILIZATION ®This section not applicable
fir 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.
I. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(it) 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 ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(if) Amount of material to be placed in the water
(III) Dimensions of fill area
(iv) Purpose of fill
& GENERAL
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB
OWL ❑None
(ii) Describe the purpose of the fill in these areas:
a. How will excavated or rill material be kept on site and erosion b. What type of construction equipment will be used (e.g.. dragline,
controlled? backhoe, or hydraulic dredge)?
c. (1) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
III) If yes, explain what type and how they will be implemented.
Dale
1970 Deep Creek Run
Project Name
d. (I) Will wetlands be crossed in transporting equipment to project
site? ®Yes ❑No ❑NA
(it) If yes, explain steps that will be taken to avoid or minimize
environmental impacts. RECEIVED
If-any-rel(ands.need-toheLmased. than mats wilLheygad___—..
MAR 15 2022
DJM-NC LLC (do Daniel Smith) DCM-MHD CITY
Applicant Name
Debbie Wilson Agent RGC-1Vr- I
Applicant Signature
D¢66ii U)4 /,.Agent SFP 07 202'
DQM WILMINGTON, NC

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for LAMA Major Permit, Form DCM i Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facilitylmanna:
[]Commercial ❑Public(Government MPrivatelCommunily
El This section not applicable
b. (i) Will the factlily be open to the general public?
❑Yes NNO
c. (1) Dock(s) andlor piers)
d. (I) Are Finger Piers included? ®Yes ❑No
(II) Number 3_
If yes:
Oil) Length 4lo_aer . ssr
(1)) Number 3
gv) Width --E__
(III) Length 16,
(v)Floating ❑Yes ®No
IN)Width 8'
(v) Floating ®Yes ❑No
e. (I) Are Platforms included? ®Yes ❑No
I. fit Am Boallifls included? ®Yes ❑No
if yes:
If yes:
(it) Number 3Lovered
(ii) Number 3_
Oil Length 16'
(di) Length 14'
(lv) Width 16'
(w) Width 14•
(v) Floating ❑Yes NNo
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
In. Check all the types of services to be provided.
_6
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ( wet slips') only, number of slips: _
❑ Dry storage: number of boats: _
❑ Boal ramp(s); number of boat ramps: _
❑ Other, please describe:
None
i. Check the proposed type of siting: I. Describe the typical boats to be served (e.g., open runabout,
❑ Land cut and access channel charier boats, sat boats, mixed types). RECEIVED
®Open water: dredging for basin and/or channel Oben runabout
❑Open weler; no dredging required ❑Other, please describe: MAR 15
r 2022
DCM-MHD CITY
k Typical boat length: 24' 1 (,) WII the facility be open to the general public?
Dyes NNO
m. (I) WIII the facility have tie pilings?
❑Yes NNo
(ii) If yes number of tie pilings? FFB 0 6 2L n

VOID
2. DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: Location:
El Showers
O Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(h) Give the location and number of'Pumpout Available" signs proposed.
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint. sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed. _
i. Give the location of fuel -handling facilities, and describe the safely measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
RFrEIVED
MAR 15 2022
CITY
k. Describe design measures that promote boat basin gushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
W 0 7 2021
0CM WILMINGTON, NG

m. Is the marinaidocking facility proposed within a primary or secondary nursery area?
VOID
Dyes ❑No
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes []No
o. Is the marinaidocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? It any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts)
®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Pubfic/Govemment ❑PdvatafCcimmunity
(it) Number
(fit) Length
(iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use All Excavation end Fill.) ®This section not applicable
a. (i) Number
(it) Length
(iil) Width _
5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
16. MOORING PILINGS and BUOYS ®This section no4*A0pggleJ
a. Is the structure(s):
❑Commercial ❑Public/Government ❑Private/Community
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge. if present.
e. Arc of the swing
b. Number
h1/aR 15 2022
d. Description of buoy (color, inscription, size. anchor, etc.)
DCAA-M D CITY
RECEIVED
SEP 0 7 2071
VCM WILMINGTON, NC

7. GENERAL
a. Proximity of structures) to adjacent riparian property lines
19' to the northeast & 16' to the northwest
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
655,
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they wilt be implemented.
b. Proximity of slructure(s) to adjacent docking facilities.
56' to the northeast & 114' to the northwest
d. Water depth at waterward end of structure al NLW or N WL
-1 b, @ NLW
8. OTHER ❑This section not applicable
a. Give complete description:
-
ME .•. MOT,. , ..,. ... I . . �• , .. •� .,
. . . ... .. . . ....
7121121 Revised 1112lin
Date
1970 Deep Creek Run
Project Name
DJM-NC, LLC (Go Daniel Smith)
Applicant Name
pa-44iy- (AJilBi9n. Agent
Applicant Signature
FFR 0 s
RECEIVED
MAR 15 2022
DCM-MHD CITY

Existina Conditions T
Dellaine Risley
2010 Deep Creek Run
Wimngton, NC 28411
P
L
0
Lot 3
L
---AIWW--4 9 n
08
t
t, u
O= Existing Water Depths
Relative To NLW
1
c�
ca
I l
I -T
o i
2
l I
- a
mo mo
O O. W
I I
3'
2 I �
E
l 03
o--
o
,
0
tr
-18" E
j -18" — t
.18"
— Established Pier
OHead
Alignment
j-14"
14••
14„
t 12'
'
I I
12
I
12 1
I l
I i
I
i I
i i
r
I
I
� ;
NLW
11
Ilk
55
y % Marsh �l
�
i �
pge of
Marsh
y
i
60'
Upland Ridge
W
.I.
�
59'1.'
y _1F .......
y y y Marshy
�M ��
NHW
y 'V y
!t Y ,� g Existion
W Y Pnd
r.�'
Marsh
404
Wetlands
L
DJM-NC c/o Dan Smith
1970 Deep Creek Run
Wilmington, NC 28411
Lot 2
tom'
�41 404
wetlands
P
Lot 1
RECEIVED
FEB 0 6
ACM INIL. irfCT IV nC
Area in Pink = 404 Wetlands
Delineated By Headwaters
Environmental and Provided
on the Survey By Paramounte
Engineering, INC
rV
` Jn
Don & Sandy VanDer
1e27 Register Lane
Wilmington. Nc 284.
o �
m
ti
m
DJM-NC c/o Ohn Smith
1970 Deep Creek Run
Wilmington, New Hanover Co.
Drawn By: Debbie Wilson
7/12/21 and Revised 1/21/22
Scala, 1" o .rin' Ahaaf d of z

r.. ,. r.. u.
51Mi TOT.1l1 YTf YF1C
iWFEareRneElav/J1E ro.[Muaaco.r
IKGIr.1wMTnf.nVFY
OlYpglr
nn..o.rr.gwww
eiuv n..eu.c..
rmrn.vu...aru
urn n.. w..c.resuruq
NrLEOFW.
J��dPP� wC I1 -DE CIIEEKWN
p✓y Ya� /.A / I PO n.5NZ Pa
N.YNVtlEB Ur raevnw..wwo
MANKIAM
WT] '+- .o..r.qu.gn—�s••�r.. —.n.-- naa.r......n.w.ao
/ am. .
y
LOT. t
1 a► ,e .� i i ,
LOT
I� i4A(i.•
\ fP�JP � J9`♦' 9i
1 � /
RECEIVED
MAR 1 1 2022
QCM WILMINGTON, NC
REGENE[)
- S#
MAR 15 Z022 ; �d&�
[)GM
_MHp G1TY a:
N.Riparian
Corridor Lines
Drawn in by Debbie Wilson
3I10/22
SK.. py.r 70 1116 U6 rnsw.wwre &.%'Q
wUNy W.01»I-r>7

05'
1
i
NOTES
1. AREAS CALCULATED BY COORDINATE METHOD.
2 HORIZONTAL DATUM INAD 83 - 2011) WAS ESTABLISHED UTILIZING A TOPCON HIPER
SR CPS RECEIVER OPERATING IN VRS MODE WITH REPEAT OBSERVATIONS.
3 PORTIONS OF THESE PARCELS ARE LOCATED WITHIN FLOOD ZONES X. SHADED X.
AND AE (BFE = 14.0), AND ARE SUBJECT TO THE LIMWA ZONE, AS SHOWN ON FERIA
FIRM MAP NUMBER 3720317SOOK. BEARING A REVISION DATE OF AUGUST 28. 2018.
4. THIS LOT IS SUBJECT TO ALL UTILITY EASEMENTS. RESTRICTIONS. OR COVENANTS OF
RECORD.
5 ALL DISTANCES ARE HORIZONTAL FIELD MEASUREMENTS.
6. CORNERS ARE MARKED AS NOTED ON THE PLAT.
7. PROPERTY IS SUBJECT TO ALL EASEMENTS, RIGHTS-0E-WAY, AND RESTRICTIONS OF
RECORD.
8, WETLAND LINES AS SHOWN HEREON WERE PROVIDED BY HEADWATERS
ENVIRONMENTAL.
15.31' (TOTAL) • L74 S 37'3078' E 125.5(YTOTAL
( F 80.13'
112.28 e J 8' J 1 117AT S
�36'3093•E
w =
TCC'fC4 JG FROM
t VDLI-�ENr��
I Ell LOT 3
75,489 S.F.i
II i t 1.733 AC. t
a
R}
t670p A / i
1
531• c 4 / /
1
O "i
N 42.2T2V W 381.17
I LOT 4
37,504 S.F. �I(,
I 0.861 AC.
i3iT16€SETSI
! $.
\
\' 1
u
I
LOT 2
76,988 S.F.t
L
I
1167 AC.t
t4.
/
R AR
L00.
II =
_LLSIOEBE[BACk
/
26,
157 68'
EYJSIING DBNEWAY TO BE OWNED BY
AGGESS a "I'll
LET 1 WITH
EASEMENT PROVIDED TO LOT 7�
4� p
�4',(�4'c7'
�Ot'4v 1p d 0
)Pq�?P QC>
D VS F
QUO O a1 I LOT 25
HENRY W. GEROCK, III
JESSICA M. GEROCK
PID: R04500-004-049-000
D.B. 5715, PG. 2885
M.S. 39. PG, 320
N 47'0�\
J5T11'W Lb N47'1T46-W 0
71,
90
0�0
Co Am
Wop
b u of
01r
N OF
<
53.24'
D
50r
a
'm A0
0 'o 'g r r
u1Z lIO
9 D ;C1 F W
p W ^IpZ
, IS
m
.•- aDN- W 187.ZT N 5Y51 •• /
15 SE78�nCic / /
I LOT 1
107.974 S.F. i
2.479 AC. i
RL —
18810EfE18AGX _
N 40.4045- W - 467.717 (TOTAL)
414.55'
SCALE:1"=80'
v V
O UHF
IRON PIPE FOUND
0 40 80 160 240
320
0—
IRON ROD FOUND
III...
IRON ROD SET
Q -1
CONCRETE MONUMENT FOUND
R6�
O
NO POINT FOUNDISET
BOUNCILY ONE
7✓/
—
ADJOINER ONE
EASEMENT LINE
NHW
NHW
Nawu HIGH WATER
—
�—
MEAN HIGH WATER
— 100-YR
-- 100-YR
FLOOD ZONE AE
— 500-YR
500-YR
FLOOD ZONE A IS P ANNUAL CHANCE)
LIMWA
LIMWA
OMIT OF MODERATE WAYE ACTION
--
---�--
RIGHT-OF-WAY
WET—
WET— WET
4w WETLANDS
\
— CAW—
DAMA— CAMA
COASTAi WETANDS
'B DELLAINE A. RISLEY TRUST
PID: R04500-004-006-000
O.B. 5937. PG. 565
M.B. 61. PG. 101
J
m
f�
�
Pam\
VE-L4 � 1Eg4
41$
YE.11
�
YEi!
M'E 133.69' O
vE-H
O
vE.0 W14 TA
I'YE7 4,-1 YE...4 YE-14
WET
358.iT S
wl
N 31.0>fi9
s \
LN DER I \
DON VAN DER VAN
LOT 22R I SANDY VAN DER VAART
DAVID FALKJR. , PID: R04500-0D4-045.000 $I 9
PAMEIA A FALK D.B. 6200. PG. 1169 A —
FIN: 22
R04500-004-048-000 M.S. 40. PG. 150 I
I D.B. 8026, PG. 11
M.B. 39. PG. 320
9
38J8'
N
O
a �
OPEN WATER
f
N 44•D336- W
10372
f FB 0 6 2022
0
o_
M
5m
VN�
� 41N
J U
L;wz
ZOL
Or Dry
0 L`D
N
N
e1j
� u4 i

Proposed Structures
F
Dellame Risley
2010 Deep Creek Run
Wilmington, NC 211411
L
Lot 3
. 55 to
Adjacent
StNC(Una
404
Wetlands
L
AIWW
I
s
s.
I
O
r m0
I
t
C
too
- I
I
ccI
`m
c
T
e•
I
tT w
o '
I
I
0
Established Pier
.IF
I e
I
e•
I
Head Alignment
I
I
{
1
+as
I
•
6 1
I
I
rg
�
9®IYp
ua,a�
a
IV
e•
114'toAdacentune
I
I
i
l
I
1
I
i
�
1
I
I
{
StNeture —�
j
I
I
{
I
I
I
P
I
,
�
I
I
u
y
I
I
NLW
y
y
M" �
I
Edge o1
W.
ji. Marsh
U land
y W y
Memhy NHW
t isting
t
Marsh
DJM-NC c/o Dan Smith
1970 Deep Creek Run
Wilmington, NC 28411
Lot 2
i • s '' .
i
404
Wetlands
Lot 1
RECEIVED
-coo FEB 0 6 2022
Return DCM WILMiNGTON, NC
Nall
Area in Pink = 404 Wetlands
Delineated By Headwaters
Environmental and Provided
on the Survey By Paramounte
Engineering, INC
Don & Sandy VanDer Vaart car
1827 Register Lane
Wilmington, NC 28411
oI
DJM-NC c/o Dan Smith
1970 Deep Creek Run
Wilmington, New Hanover Co.
Drawn By: Debbie Wilson
7/12/21 and Revised 1/21/22
Scale: 1" = 50' Sheet 5of ?

*N
Federal Channel
-Setback _ .
n
Proposed Structures and Dredging Footprint
Proposed Dredging E
To -3' @ NLW
=167'—
o lla"i
,6
j 6'
15'
elback
'0
c'E
I
I
I
Lot 3
II
x
16'
Lot 2
All Water Depths Relative to NLW
All Boatlifts = 14' x 14'
N= Dredge Footprint
Q = Slip Numbers
RECEIVED
MAR 15 2022
-3-
2 5.4 Existing Water
Depths DCM-MHD CITY
dl
DJM-NC, LLC
RECEDED c/o Dan Smith
1970 Deep Creek Run
SEP 0 7 2021 Wilmington, New Hanover County
Drawn By: Debbie Wilson
DCM WILMINGTON, NC 7/16/21 Scale: 1" = 30'
Sheet to of -f
0 �k

Bulkhead/
Retaining W
Sheet Pile
Finished Grade
Top Cap Elevation
y, Tie -rod
B ckfill Area Deadman
,
Filter Fabric
4110F.1 C -.• •
Existing
Bottom
Contour
Proposed
I Pier
X-Sections
Existing Undisturbed
Highground
Interlocking
Stone ---
DJM-NC, LLC
c/o Dan Smith
1.970 Deep Creek Run
Wilmington, New Hanover Co.
Drawn By: Debbie Wilson
7/19/21 Sheet'] of i-
t;
Typical Stone Retaining Wall
_- ec Ion RECEIVED
MAR 15 2022
DCM-MHD CITY
Proposed Covered
16' x 16' Platform Proposed
14' x 14' RECEIVED
Boatlift
SEP 0 7 2021
Typical Pier, DockingFacility
Dredging Footprint
X-Section Scale: 1" = 10,
Proposed 8' x 20'
Floating Dock DCM WILMINGTQN, NO
--- ---- ---- ----NHW-
- - - - - - - - - - - - - - - - - - NLW
-- --
E- Proposed 42' Wide Dredge Area-->
Boundary To -3' @ NLW
0�
Existing
Bottom
Contoi

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

November 2, 2022

Regulatory Division

Action ID No. SAW 2022-00662

DJM-NC, LLC
Attn: Daniel Smith
1838 Sir Tyler Drive, Suite 210
Wilmington, NC 28405

Dear Mr. Smith:

Reference your application for a Department of the Army permit to construct three (3)
separate docking facilities on three (3) separate waterfront lots in Waters adjacent to the AIWW
at 1970 Deep Creek Run, Wilmington, New Hanover County, North Carolina.

Three (3) separate piers 6 feet in width and of varying lengths (Lot 1 = 410 feet, Lot 2 =
457 feet and Lot 3 = 531 feet) will be constructed. At the terminal end of each pier will be a 16
feet by 16 feet covered platform. Waterward of the platforms will be 8 feet by 16 feet floating
docks, each with a 14 feet by 14 feet boatlift on one side creating a 2-slip docking facility for
each lot. The docking facilities will cover and shade 9,540 square feet of Waters adjacent to the
AIWW.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.

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

-2-

Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

Enclosure

Plans
Manatee Guidelines
GP 291 conditions

Copies Furnished by Email (with enclosures):

NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Ms. Amanda Cannon
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Ryan Doody
Ms. Debbie Wilson

-2-

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the submitted
plans, dated July 12, 2021 and revised January 21, 2022, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers (USACE)
prior to implementation.

2. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].

3. Approval of the structure is based on determinations that there would be no obstruction to
navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this
permit should not be construed, as relieving the permittee of taking proper steps to ensure the
structure and moored boats will not be damaged by wave wash.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

5. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.

6. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973

7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity
outside the area of construction or construction-related discharge. Increases such that the
turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the
North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.

-3-

8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found athttp://www.fws.gov/nc-
es/mammal/manatee_guidelines.pdf.

9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre-project condition.

10.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S.
Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation.

Proposed Structures
Setback
__ i_i-
AIVVW
I
I
Existing Doc
•`t
'
Dellaine Risley
ee|#get:R,CNr%ek254u{n4
i
404
Wetlands
56' to
AsdtJra:?unrte
DJM-NC c/o Dan Smith
1970 Deep Creek Run
Wilmington, NC 28411
Lot2 Lotl
•1.I.I-11..
ExisB',:8d
Sol Coe8th8hede Buha
Area in Pink = 404 Wetlands
Delineated By Headwaters
Environmental and Provided
E#ee§#nrvg:¥N88Paramounte
Don & Sandy VanDer Vaart
1827 Register Lane
VVIlmington, NC 28411
DJM-NC c/o Dan Smith
1970 Deep Creek Run
\/Vilmington, New Hanover Co.
Drawn By: Debbie Wilson
7/12/21 and Revised 1/21/22
Scale: 1" = 50' Sheet 4 of 65
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
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
3

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.

Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.