Loading...
HomeMy WebLinkAbout97-22 Meyers, Chris & MichellePermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 1 13-229 Permit Number 97-22 Issued to Chris and Michelle Myers, 8733 Bald Eagle Lane, Wilmington, NC 28411 Authorizing development in New Hanover County at ado. to Futch Creek. at 8733 Bald Eagle Lane in Wilmington , as requested in the permittee's application dtd 8/14/21 (MP- 1), and "revised 7/l/22" (MP-2, MP-4), incl. wk pin dwgs (4) Sheets 1-2, dtd 8/14121, Sheets 3-4, did "revised 7/1/22. 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 of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility 1) This permit authorizes only the dock, piers, boatlifts, kayak launch platform, covered platform, 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 2 additional formalized boat slips for a maximum of 3 formalized boat slips at this docking facility. (See attached sheets for Additional Conditions) This permit action maybe 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 authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Chris and Michelle Myers Permit No. 97-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 4) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive 5) Any portion of the permitted access pier 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. 6) 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. 7) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, physical stops shall be placed on the boat lifts and floating dock at a minimum height of 18" above the bottom substrate to prevent the boat lifts and floating dock from disturbing the bottom substrate. The physical stops shall remain in place for the life of the permitted docking facility. 8) The authorized covered platform 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 the covered platform 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 structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Retaining Wall 12) The retaining wall shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 13) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 14) The retaining wall shall be constructed prior to any backfilling activities. 15) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. Chris and Michelle Meyers Permit No. 97-22 Page 3 of 3 ADDITIONAL CONDITIONS 16) This permit does not authorize any excavation waterward of the approved alignment. 17) The fill material shall be clean and free of any pollutants except in trace quantities. 18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted retaining wall. 19) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will be used to backfill the area behind the permitted retaining wall. Sedimentation and Erosion Control 20) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 21) 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. 22) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the retaining wall cap immediately following completion of backfilling activities. General 23) 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. 24) 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. 25) 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 5043 and assigned the project DWR Project No. 2021-1495. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. DCM Coordinator: L111,1L Permit #: q-Z� ` 1111 MAILING DISTRIBUTION SHEET Permittee: dr l 11n"r�Wp Mon 1,97 3 l�M `M� kJAWa thc Z3y 1\ Agents: DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington —Io (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: 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: Wilmington: Wildlife Resources: Natural Heritage Program LPO: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Chris Pull inger — 401 Clif Whitfield (WARD) Jimmy Harrison TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson RECEIVED DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD OCT 13 2021 APPLICANT: Chris and Michelle Meyers COUNTY: New Hanover DCM-MHDC17Y PROJECT NAME: 8733 Bald Eagle Lane LOCATION OF PROJECT: 8733 Bald Eagle Lane, adj. to Fateh Creek, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-1-21 PREFILE DATE: 8-30-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Elks DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60/40)#1966 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 10-18-21 END OF NOTICE DATE: 11-&21 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 12-15-21 150 DAY DEADLINE: MAIL OUT DATE: 10-13-21 STATE DUE DATE: 11-8-21 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer \ 3 Corps of Engineers — Regulatory Branch DWR-401 Section Ithp Y `_ DWR—Public Water Supply lohdo DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office 1 Wildlife Resources Commission 2 a DMF — Shellfish Section DMF — Habitat&Enhancement Z �( �P3L f v��gCiJw DNCR—Archives& History p DNCR — Natural Heritage Program NCDOT i NC Dept of Commerce 14 k � ,A1 DCM Coordinator Gregg Bodnar Cam Luck County: N lA- Permit #: Ift WIRO/E�-,MAIL DISTRIB U TIO �N SHEET (� Circle one: BioP�O� RepoPermit forV V r V) LJ I vl t vV r� (i I v`��✓i�/�/S Oversize Plan DCM Offices: N I R Morehead City. PT (if oversize) via Courier 'cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet 'MHC documents(.G44VAmanda) Wilmington. Original hard -copy _ ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: r & Carteret Co): PN, CL, Reports, Split Sheet _ use both it ingtonNCREG@usace.army mil (NH/BR)PN, CL, Reports, Split Sheet _ Ig Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: Kolley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _ 401 (PN/ON): PN, CL, Reports, Split Sheet _ John Perry (training) — 401: PN, CL, Reports, Split Sheet Div of Water Resources: hen Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: vlCim Harding _ DCM Planner/WiRO: alike Christenbury_ Cultural Resources: Xnee Gledhill -Earley Environmental.Review(e)ncdenroov Natural Heritage Prog. ,/R/eodney Butler _ DCA-Rural Eco. Dev: .�fark Ziegler NC DOT: %0/ vid Harris _ Wildlife Resources: v4aria Dunn w/Reports State Property Office: Ifi Walton: DEED _ 7e Moser _ 7a nda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: ✓Jeremy Humphrey (Bio) anon denkrns-(Rt�.— vharon Gupton, Admin / DEMLR: V6 ristine Hall - Stormwater Section _ v6an Sams - Land Quality Section Public Water Supply: vHeidi Cox City of Wilmington: �� Enforcement: Fiield,I Co. LPO � ►Rep: ' J ✓ (/ 1 Vl LL P DM F rt�'� - Agent DISTRIBUTED: o It?? 171 RECEIVED OCT 13 2021 DCM-MHD CITY u...r.. a.w n" II rAAAA/Qhoi m ;, /;el Shoreline length =106, x 8' = 848 ft2 (maximum allowable) Proposed pier = 6' x 99' = 594 fI2 (credit) Proposed gazebo = 20' x 20' = 400 ft2 Proposed floating dock = 8' x 42' = 336 1112 Proposed floating dock = 8' x 14' =112 1`12 Proposed boatlifts (2) = 14' x 14' = 392 ft2 (not counted) TOTAL = 848 ft2 Due to the marginal water depths and potential impacts to active shellfish beds it is this Office's recommendation to require stops at 18" above the substrate for the proposed floating dock and boatiifts. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to Primary Nursery Area, shallow bottom, and shellfish beds. 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 15A 07H .0208(b)(6), including the eight -square foot rule, '/. width 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. The proposed bulkhead with associated Coastal Wetland fill appears to be INCONSISTENT with NCAC 07H .0208(b)(7)(B) due to the inability to locate an existing bulkhead onsite. It is this office's recommendation that any permitted bulkhead shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources. NOTE: Please see attached letter from adjacent riparian property owner dated September 15, 2021. RECEIVED OCT 13 2021 DCM-MHD CITY j�tctiViJ�u.�- 0 � -�a NI C,j b j, at I es1 20a eSCap" 4—Halley. 4t �lo)ecj- opcaecSt nod c�.s.`du*r� mod- S�'cuciw� Me OIXcf-; prn�� 4 ew—sJbei ar vQU�op�,,� aDck-r N VS Ayw� �, ra k �� YW— M M naoh tt vow -co j, Cu; •U- o o 8,e2� nok go,.,, -)o �{y -3 Gla,,.r naecb -Iv �cv dezL vu�-- �Mncn� WIkVJo AS-Tgpc Rvrgorr- d-ram DowSign Envelope ID: FC29BA03-3C99-41349-8A67-C41 FE108B3C8 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Direcmr NORTH CAROLINA Environmental Quality August 8, 2022 DWR #20211495 New Hanover County Chris and Michelle Myers 8733 Bald Eagle Lane Wilmington, NC 28411 Subject: Approval of Individual 401 Water Quality Certification Myers Docking Facility and Bulkhead USACE Action ID. No. SAW 2021-02213 Dear Mr. and Mrs. Myers: Attached hereto is a copy of Certification No. WQC005043 issued to Chris and Michelle Myers dated August 8, 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)]. 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. 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. North Carolina Department of Environmental Quality I Division of Water Resources ®� ��� 127 Cardinal Drive Ext. I Wilmington, North Camlinh 28405 u�mum...vimen 910.796.7215 DocuSign Envelope ID: FC29BA03-3C994B49-8A67-C41 FE108B3C8 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 2 of 9 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.143-215.51. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431- 3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact John Perry at 910-796-7341 or iohn.per[y@ncdenr.gov if you have any questions or concerns. Sincerely DocuSigned Dy. I€i°I`fi'&fiffikton Assistant Regional Supervisor Water Quality Regional Operations Section cc: Debbie Wilson (via email) Greg Currey, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) Cameron Luck, DCM (via email) DWR 401 & Buffer Permitting Branch Electronic file ®��1� North Carolina DepartmentofFaviroamental Quality l Division of Water Resources 127 Cardinal Drive Ext. I Wilmington, North Caroliab 29405 m�n.mw: n.r 910.796.7215 rmea ifn.�mvnmfi DocuSign Envelope ID: FC29BA03-3C99-41349-BA67-C41FE108B3C8 Chris and Michelle Myers D W R# 20211495 Individual Certification #WQC005043 Page 3 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005043 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 0213 .0200, to Chris and Michelle Myers, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on October 13,2021 and by Public Notice issued by the Division of Coastal Management on October 8, 2021. 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 Plan Reference (units) Permanent Open Waters 1,090 ft2 Revised Narrative 07 01 2022 Coastal Wetland Shading 432 ft2 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. All bulkhead backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. Citation: 15A NCAC 0211.0501 and .0502 and 15A NCAC 0211.0506 (b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's an tidegradation policy), 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. 2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen debris shall not be used. Citation: 15A NCAC 0211.0506-(b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation ofstandards or would result in secondary or cumulative impacts. ®� Nosh Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ent. I Wilmington, Nosh Carolin6 28405 urrm�rurw nn 910.796.7215 w�m,mmw...mmm� /"� DocuSign Envelope ID: FC29BA03-3C994B49-8A67-C41 FEt 08B3C8 Chris and Michelle Myers DWRN 20211495 Individual Certification NWQ0005043 Page 4 of 9 3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie- back systems and concrete caps, shall be managed in a manner that prevents contact with waters of the State. A dry work area shall be maintained to prevent direct contact between curing concrete and adjacent surface water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured, treated, and disposed of properly. Citation: 15AO2H.O5O6(b); 15ANCAC 02H.O5O7(c); 15ANCAC 02B.0200; 15ANCAC O2B.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. (2) 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. (2) Floating or submerged debris, oil, deleterious substances, or other material shall not be present in amounts that cause adverse impacts on existing wetland uses. 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 0211.0506(b); 15A NCAC 02H.O507(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: 15ANCACO2H.0506, 15ANCACO2H.O5O7(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. 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; (I) 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 O2B.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)), Noah Carolina Department ofEnviromnental Quality I Division of Water Resuuroes ®E ��� 127 Cardinal Drive Ext. I Wilmington, Noah Caroling 28405 us.,ee.noiw,.Qn�mm,' 910,796.7215 DocuSign Envelope ID: FC29BA03-3C99-4B49-BA67-C41FE108B3C8 Chris and Michelle Myers D W R# 20211495 Individual Certification #WQC005043 Page 5 of 9 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. 7. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be dredged to a depth deeper than the receiving water. Citation: 15ANCACO2H.O5O6; 15ANCACO211.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation, agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the 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-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC O2H.0506(b); ISA NCAC 02H.OS07(c); 15A NCACO2B.02OO; 15A NCAC 02B.O231 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 watersfor 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 Noah Carolina Department of Environmental Quality I Division of Water Resources ®E Q:> 127 cardinal Drive E.I. I Wilrnington, North Carolin6 28405 910.796.7215 DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41 FE108B3C8 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 6 of 9 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 dissolvedgases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2)months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC O2H.O5O6(b); 15A NCAC O211.05O7(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 watersfor any designated uses; and (21) turbidity in the receiving watershall 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 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H.05O6(b); 15A NCAC 02H.O5O7(c) justification: A project that affects watersshall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protectsuch uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 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: 15ANCAC O2H.O5O6(b); 15ANCAC 02H.O5O7(c); 15ANCAC O2B.0200; 15A NCAC O2B.O231 North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Esa. I Wilmington, Nonh Camlinh 28405 vmuru»n 910.796.7215 nmwmmu.s..,eum,vr� DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41 FE108133C8 Chris and Michelle Myers DW R# 20211495 Individual Certification #WQC005043 Page 7 of 9 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 watersfor 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 2S 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 odorshall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. 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 O2H.05O6(b), 15A NCAC 02H.0S07(c); 15A NCAC 02B.O20O, 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 watersfor any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill orothersolids, or dissolvedgases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odorshall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. 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: 15ANCAC O2H.05O6(b); 15ANCAC 02H.O5O7(c), 15ANCAC 02B.020O; 15ANCAC O2B .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 watersfor any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or othersolids, or dissolved gasesshall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odorshall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources D_E Q�� 127 Cardinal Drive Em. I Wilmington, North Carolinh 28405 os.,�r+rcr �a 910,796.7215 .�mmrtn....emimn� /`� DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41 FE108B3C8 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 8 of 9 14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 0213.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such thathydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland fora andfauna are maintained to protect biological integrity of the wetland; and materials orsubstances are not present in amounts that may cause adverse impact on existing wetland uses. 15. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 0211.0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance ofbiological 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. 16. 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: 15ANCACO2H.0506(b); 15ANCACO2H.0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses providedfor 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. 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 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. Ninth Carolina Depa entofEnvironmental Quality I Division of Water Resources ®� ��� 127 Cardinal Drive Ext. I Wilmington, North Caroling 28405 .rmr_ywr,a na 910.796.7215 e�mmm'aw .zlm DocuSign Envelope ID: FC29BA03-3C99AB49-8A67-C41FE108B3C8 Chris and Michelle Myers DW R# 20211495 Individual Certification #WQC005043 Page 9 of 9 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)] Q2 This, the 8Eh day of August 2022 Sincerely, C�ocuSi0netl by: -1 n Rum;.�t Tom' arrington Assistant Regional Supervisor Water Quality Regional Operations Section North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. I Wilmington, North Camlinh 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 13, 2021 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: 252-247-3330 (Courier 11-12-09) cameron.luck(o).NCDENR oov SUBJECT: CA MA /Dredge & Fill Applicant: Chris & Michelle Meyers Project Location: 8733 Bald Eagle Lane, adj. to Futch Creek in Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Wetland fill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. 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" 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 AGENCY NC DMF - Shellfish Sanitation/ Recreational Water Quality SIGNATURE K�rfor Shannon Jenkins DATE 10/15/2021 RECEIVED OCT 15 2021 MP SECTION DCM - MHD CITY �FEQ5 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 Mir. 1Op�'� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 13, 2021 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: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR gov SUBJECT: CA MA /Dredge & Fill Applicant: Chris & Michelle Meyers Project Location: 8733 Bald Eagle Lane, adj. to Futch Creek in IMlmington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Wetland fill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. 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 Mark Brown AGENCY Public Water Supply SIGNATURE fqr>k. 13,,„� DATE 10-18-21 RECEIVED OCj 1 81021 MP SECTION DCM - MHD CITY D_EQNorth Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405 rmmr+rwunnu 910.796.7215 Received:10/19/2021 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director October 13, 2021 MEMORANDUM NORTH CAROLINA Envlrantnental Quality ER 21-2533 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.00v SUBJECT: CAMA /Dredge & Fill Due: 10/27/2021 10/25/2021 No comment — SBA Applicant: Chris & Michelle Meyers Project Location: 8733 Bald Eagle Lane, adj. to Futch Creek in Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Wetland fill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. • 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: PRINT AGENCY 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. Renee Gledhill -Earley Historic Preservation Office SIGNATURE DATE 10/2712021 RECEIVED OCT 2 7 zuzl NIP SECTION DCM - MHD CITY �DWQ�North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 uT��omp,� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Seaetary BRAXTON DAVIS Director October 13, 2021 NORTH CAROLINA Envlrotunen tat Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) ca meron.luckONCDE NR.eov SUBJECT: CAMA/Dredge 8 Fill Applicant: Chris 8 Michelle Meyers Project Location: 8733 Bald Eagle Lane, ad). to Futch Creek in Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Wetland rill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. 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" _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. Four slips proposed two existing making a total of six slips PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE Wo"" � DATE November 1. 2021 RECEIVED NOY 01 an �Dg MP S�I�tEfICL1TION North Carolina Department of Environmental Quality I DNlsionofCoastalMDaGoagemenY G1TM Wilmington office 1127 Cardinal Drive Enenslon I Wilmington, North Carolina 28405 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 13, 2021 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: 252-247-3330 (Courier 11-12-09) cameron.l uck(cDNCD E N R.00v SUBJECT: CAMA/Dredge & Fill Applicant: Chris & Michelle Meyers Project Location: 8733 Bald Eagle Lane, adj. to Futch Creek in Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Wetland rill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. 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. 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 n'•,, comments. PRINT NAME AGENCY IVPt % TTol�odt� SIGNATURE f DATE _ It k3 2 / RECEIVED NUV. 0 3 2021 MP SECTION DCM - MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretury BRAXTON DAVIS Director October 13, 2021 NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) cameron.luck(a1NCDEN R.eov SUBJECT: CAMA /Dredge & Fill Applicant: Chris & Michelle Meyers Project Location: 8733 Bald Eagle Lane, adj. to Futch Creek in Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Wetland fill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. 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 f e 15 1 ✓ AGENCY N C b 44 t • o 7 Lo to in ail cz SIGNATURE m DI J (^ 1? L I � I e r— DATE j ( /8 ! z� RECEIVED NOV 0 81011 MP SECTION DCM - MHD CITY North Carolina Department of Environmental Quality l Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 MEMORANDUM To: Cam Luck From: Mike Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Chris and Michelle Meyers, New Hanover County Date: November 22, 2021 This project appears to be consistent with the New Hanover County Comprehensive Land Use Plan Update The applicant proposes to install a new bulkhead with Coastal Wetland fill, construct a new access pier with L-head gazebo, expand a floating dock with a kayak launch, and add 2 boatlifts for a total of 4 boat slips. The project is located at 8377 Bald Eagle Lane in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, CW, ES and PTA. Waters at the project site are classified as SA-HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the New Hanover County Comprehensive CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Conservation In general, New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this project. Provided all local, state and federal requirements can be met, this project appears to be consistent with the New Hanover County Comprehensive Land Use Plan. RECEIVED NOV 2 2-7071 MP SECTION DCM - MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXPON DAVIS Director October 13, 2021 NORTH CAROLINA Environmental Quality 6, 2M,P. 14-.61 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luckaNCDENR.eov SUBJECT: CAMA /Dredge & Fill Applicant: Chris & Michelle Meyers Project Location: 8733 Bald Eagle Lane, adi to Futch Creek in V1111mington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Welland fill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. 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. 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 MLn I -T,::)lnnn AGENCY Ni 1 ?. C. SIGNATURE �� DATE North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I MIrnington, North Carolina 28405 910.796.7215 ® North Carolina Wildlife Resources Commission Cameron Ingram, Executive Director TO: Cameron Luck Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: December 7, 2021 SUBJECT: CAMA Dredge/Fill Permit Application for Chris Myers, 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 8733 Bald Eagle Lane adjacent to Futch Creek 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 of seq.), and the Migratory Bud Treaty Act (16 U.S.C. 703-712 or seq.). The applicant proposes to install a new 104' bulkhead approximately 2' waterward the existing bluff with 8' wing walls to fill a maximum 208 ft of wetlands consisting of Section 404 and coastal wetlands. The applicant's purpose for the forward bulkhead alignment is to avoid impacts to an existing deck located 7' to 8' landward the shore. In addition to the bulkhead, a new 99' by 6' access pier is proposed to extend from the proposed bulkhead into Futch Creek. Eighty-two feet of the pier would be constructed waterward NHW with approximately 72' of the structure over coastal wetlands. The 20' by 20' L-head gazebo would extend west of the access over an oyster mud flat. An access ramp would extend from the gazebo to an 8' by 42' floating dock positioned parallel the shore with a smaller 8' by 14' floating portion that incorporates a kayak launch. A 14' by 14' lift is proposed for each end of the floating dock to create 4 slips. The dock and lifts will extend a maximum 65' waterward to meet the pier headline. The docking facility extends 60' into the 300' to 561' wide water body, adhering to the width rule. Water depths at the proposed facility and 5' waterward the pierhead line are 0.3' MLW. Water depths on the waterward side of the existing lift and dock were approximately -1.8' NLW. Active oyster beds are in the area. No submerged aquatic vegetation (SAV) was noted at the site. The applicant has offered to install stops to prevent the floating dock from resting on the creek bottom during law water events. Futcb Creek is Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Page 2 classified SA HQW by the Environmental Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries (NCDMF). The NCWRC has reviewed the permit application and has several concerns with the project as proposed and its impacts to natural resources. We would like to state these concerns as well as support for any recommendations presented by the NCDMF to protect marine resources within the PNA. PNAs are defined as those areas inhabited by the embryonic, larval or juvenile life stages of marine or estuarine fish or crustacean species due to favorable physical, chemical or biological factors. As a designated PNA, the shallow water habitats of Futch Creek provide important rearing areas for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats. Prolific shellfish resources observed during a November 16, 2021 site visit conducted by NCDMF, NC Division of Coastal Management (NCDCM), and NC Division of Water Resources (NCDWR) demonstrate the use of this area by aquatic resources. Therefore, to minimize impacts to the aquatic resources in the area, we recommend the following: • Bulkhead installation should be done as close as possible to the existing bluff to minimize impacts to shallow water and wetland habitats. This distance is likely less than the proposed 2' waterward fi-cm shore alignment. The proposed 8' by 42' floating dock with an additional 8' by 14' floating dock with kayak launch is a significant sized structure to successfully incorporate stops. While stops have been successful in preventing floating structures from sitting on bottom substrate and creating chronic sediment disturbance, they are generally incorporated in smaller structures. To minimize elevated turbidities, sediment and aquatic habitat disturbance, it is recommended a dock this size be fixed and not floating. • Boating and lift activity within the shallow depths of the proposed slips may create a continued source of chronic sediment disruption and elevated turbidity if use of the lift occurs during low water events. To better utilize lifts in these shallow depths, a sling style lift is recommended with cable limit switches set at 18" above substrate. • To minimize impacts to marine resources during important biological periods, the NCWRC supports the April I — September 30 moratorium recommended by the NCDMF. Development proposals within sensitive habitat areas may occur as long as avoidance and minimization of impacts to natural resources is demonstrated. To aid in this process, the NC Department of Environmental Quality (NCDEQ) offers the opportunity to conduct an interagency meeting to learn of potential resource concerns and permit application needs as it pertains to the project proposal prior to permit application submittal. These meetings are beneficial for the applicant to guide the process and can be scheduled by contacting the appropriate NCDEQ regional office. We appreciate the opportunity to review and comment on this permit application and look forward to any additional discussion. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnna,ncwildlife.org DaSign Envelope ID: CED2C84E-9AF1-434E-A740.9330536E2ABA ROY COOPER ELIZABETH S. BISER Secrew, S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 7, 2021 DWR Project # 20211495 New Hanover County CERTIFIED MAIL 7018 2290 00018295 5603 RETURN RECEIPT REQUESTED Chris and Michelle Meyers 8733 Bald Eagle Lane Wilmington, NC 28411 Subject Property: 8733 Bald Eagle Lane -Meyers Private Docking Facility New Hanover County REQUEST FOR MORE INFORMATION Dear Chris and Michelle Meyers, On October 13, 2021 the Division of Water Resources (DWR) received your CAMA major development permit application dated October 1, 2021 to allow for the proposed development of a private docking facility with a new access pier, gazebo, an expanded floating dock with a kayak launch, two boat lifts and a bulkhead within Futch Creek.. Futch Creek is classified as SA; HQW (High Quality Waters) by the Division of Water Resources (DWR) and has been determined to be a Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). The Division of Water Resources (DWR) has additional questions regarding the proposed development and has determined that additional information will be necessary to complete the review of your permit application. The application is on hold until all of the following information has been received by our office. Additional Information Rc(luested: Mrs. Kim Harding of the Division of Marine Fisheries (DMF) sent a memorandum on December 1, 2021 outlining concerns regarding negative impacts due to the proposed floating structure, bulkhead and boat lifts. Those concerns are specific to the abundance of live shellfish and shellfish habitat in this area, the limited water depths for the proposed floating structure and the effect on the adjacent habitat and aquatic resources. A low tide site visit conducted November 8, 2021 by DMF staff, Kim Harding and DWR staff, John Perry. This visit confirmed abundant live shell fish North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I W1lmingtom North Carolina 28405 910.796.7215 DocuSign Envelope ID: CED2CB4E-9AF1-434E-A740-9330536E2ABA DWR Project # 20211495 December 7, 2021 Page 2 of 4 and habitat were present within the proposed project area. Water depths during the low tide site visit confirm the landward side of the existing floating dock is resting on the soft bottom that is similar in composition with the surrounding shellfish habitat. Mrs. Dunn of the North Carolina Wildlife Resource Commission (WRC) sent a memorandum on December 7, 2021 outlining concerns from WRC and in support of the recommendations presented by DMF. The DWR is required to evaluate projects to ensure that impacts to surface waters and wetlands have been avoided and minimized and to ensure that any remaining surface waters or wetlands and any surface waters downstream, continue to support existing uses during and after project completion. The expansion of the existing docking facility and construction of the bulkhead have not been designed to avoid and minimize impacts to wetlands and surface waters. As proposed, the docking facility would result in impacts to the shellfish habitat and live shellfish resources within the project area. The proposed bulkhead alignment is proposed water ward of coastal wetlands where no bulkhead currently exists.. The DWR believes that the negative impacts associated with the proposed docking facility and proposed bulkhead would degrade the surface waters resulting in a violation of the following Water Quality Standards: 15A NCAC 02B .0201 ANTIDEGREDATION POLICY () Activities regulated under Section 404 of the Clean Water Act (33 U.S. C. 1344) which require a water quality certification as described in Section 401 of the Clean Water Act (33 U.S.C. 1341) shall be evaluated according to the procedures outlined in 15A NCAC 211.0500. Activities which receive a water quality certification pursuant to these procedures shall not be considered to remove existing uses. The evaluation of permits issued pursuant to G.S. 143-215.1 that involve the assimilation of wastewater or stormwater by wetlands shall incorporate the criteria found in 15A NCAC 2H.0506(c) (1) -(5) in determining the potential impact of the proposed activity on the existing uses of the wetland per 15A NCAC 2H.0231. 15A NCAC 02B .0221 TIDAL SALT WATER QUALITY STANDARDS FOR CLASS SA WATERS (1) Best Usage of Waters: shellfishing for market purposes and any other usage specified by the "SB" or "SC" classification; (2) Conditions Related to Best Usage: waters shall meet the current sanitary and bacteriological standards as adopted by the Commission for Public Health and shall be suitable for shellfish culture. Any source of water pollution which precludes any of these uses, including their functioning as PNAs, on either a short-term or a long- term basis shall be considered to be violating a water quality standard; North Carolina Department of Environmental Quality I Division of Water Resources D E Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DoouSign Envelope ID: CED2CB4E-9AF1-434E-A740-9330536E2ABA DWR Project # 20211495 December 7, 2021 Page 3 of 4 15A NCAC 02B .0224 WATER QUALITY STANDARDS FOR HIGH QUALITY WATERS (a) High Quality Waters (HQW) are a subset of "waters with quality higher than the standards" as defined in Rule .0202(58) of this Section. This Rule shall be implemented in order to meet the requirements of Rule .0201(d) of this Section. (b) High Quality Waters (HQW) shall include: (1) water supply watersheds that are classified as Class WS-I or WS-II; (2) waters classified as Class SA; and (3) surface waters of the State that the Commission classifies as HQW upon finding that such waters are: (A) rated excellent based on biological and physical/chemical characteristics through monitoring or special studies; or (B) primary nursery areas (PNA) and other functional nursery areas designated by the Marine Fisheries Commission or the Wildlife Resources Commission. 15A NCAC 02B .0231 WETLAND STANDARDS (c) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands identified in Paragraph (b) of this Rule: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses. The DMF and WRC memorandums recommended that the proposed bulkhead be installed landward of the existing coastal wetlands along the toe of the bluff, to avoid impacts to the coastal wetlands. The DMF recommends that the docking facility be reconfigured, shellfish impacts avoided and minimum water depths be maintained consistently beneath the structure. . Based on the recommendations of the WRC and the DMF, the DWR supports a bulkhead alignment that avoids impacts to coastal wetlands and a docking facility configuration that minimizes impacts, rather than expand them within the SA; High Quality Waters and designated Primary Nursery Areas of Futch Creek. Please revise your application in accordance with the recommendations of the resource agencies. If the concerns of the resource agencies are not resolved the DWR will move to deny your application as required by 15A NCAC 2H.0506. If these concerns and recommendations are addressed to the satisfaction of the DMF, the WRC, the DWR will have no objection. Pursuant to Title 15A NCAC 02H .0502(e) the applicant shall furnish all the above requested information for the proper consideration of the application. If all the requested information is not received in writing within 30 calendar days of receipt of this letter, the DWR will be unable to approve the application and it will be returned. The return of this project will necessitate reapplication to the DWR for approval, including a complete application package and the appropriate fee. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 oam m +r..u�me+mm 910.796.7215 DocuSign Envelope ID: CED2CB4E-9AF1-434E-A740-9330536E2ABA DWR Project # 20211495 December 7, 2021 Page 4 of 4 Please respond in writing within 30 calendar days of receipt of this letter by sending three (3) copies of all of the above requested information to the 401. & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617. Please contact John Perry at 910-796-7341 or john.perry@a,ncdenr.gov or myself at 910-796-7218 or morella.sanchez-kine(a ncdenr.eov if you have any questions or concerns. Sincerely, Docuftned E bnla, saLA.t�,t. 4iL4s� EMBA14ACMC434... Morel la Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: DMF Memo, WRC Memo CC: Curt Weychert, DCM Morehead City Office -EC Tara MacPherson and Katharine Elks, DCM Wilmington Office -EC Cameron Luck, USACE Wilmington Regulatory Field Office -EC Maria Dunn, WRC-EC Kim Harding, DMF Wilmington Regional Office -EC Debbie Wilson, Consultant -EC DWR 401 & Buffer Permitting Branch file — LF W iRO DEQ� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 910.796.7215 ROY COOPER Governor MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Director MEMORANDUM: TO: Cameron Luck, DCM Assistant Major Permit Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: Chris and Michelle Meyers DATE: December 1, 2021 A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to install a new bulkhead with Coastal Wetland fill, construct a new access, pier with a L-head gazebo, expand a floating dock with a kayak launch, and add 2 boat lifts for a total of 4 boat slips. The proposed project site is located at 8733 Bald Eagle Lane, on Futch Creek, in New Hanover County. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the high ground portion of the project area as Residential. The waters of Futch Creek are classified SA-HQW by the Division of Water Resources (DWR) and are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and closed to the harvest of shellfish. Significant shellfish resources were found along the property shoreline and under the proposed pier and docking facility. On October 4, 2021, a DCM field representative conducted the field site visit. During the site visit the existing bulkhead described in the application was not found. Therefore, the DMF recommends the new bulkhead be installed landward of the existing coastal wetlands. Water depths were found to be consistent with water depths reported in the application. On November 8, representatives for the DMF and the DWR confirmed those depths. A large floating dock measuring approximately 8' wide by 42' in length with a smaller floating portion attached to the landward side measuring 8' by 14' with an incorporated kayak launch. Water depths were recorded at the most landward side 6" NLW and 2' NLW on the waterward side of the proposed structure. North Carolina General Statutes, 15A NCAC 07H .1205(i) states, floating piers and floating docking facilities located in Primary Nursery Areas, over shellfish beds, or over submerged aquatic vegetation shall be allowed if the water depth between the bottom of the proposed structure and the substrate is at least 18 inches at normal low water level or normal water level. The proposed floating dock does not meet these standards. Though the applicant proposes physical stops to be installed at 18" above the substrate, the Division has concerns with floating docks in very shallow waters. Physical stops can be removed or fail due to repeated wave action. Shell bottom is an extremely productive self -building three-dimensional habitat. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront. The presence of live shellfish that historically or currently survive due to favorable conditions is considered shellfish habitat. Developing a docking facility with the potential to continuously impact the bottom through boating activity and floating platforms causes concerns for shellfish due to compaction, displacement, as well as sedimentation and water quality degradation due to Stare of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 252-726-7021 increased turbidity. Therefore, the Division recommends no floating structure for this project in waters less than 1.9' NLW. This proposal also includes two 14' x 14' boat lifts. Water depths at the proposed landward side of the westernmost boat lift were measured at I I" NLW and 2' at the waterward side, the proposed easternmost lift had similar water depths, 8" NLW at the landward side and 1.9" NLW. The division recommends the boats lifts should be constructed in a sling style with cable limit switches limiting the cable to a length at 18" above the substrate. The division also requests that a moratorium on in -water work from 1 April to 30 September to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Contact Kimberlee Harding at (910) 796-7475 or Kimberlee.Harding@ncdenr.gov with further questions or concerns. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 769 1 Morehead City. North Carolina 28557 252-726-7021 2 Application Review Checklist Letter A Wyl 75 1 C 1 5 Placard Comment )V% Applicant Niche hfe)C e( Pub A IO )% Comment Ili 8 Computer I pit A tpi 1 Agent � t /t IXb�� 'r/�156vt. Deficiency Letter? DWR ACK Date 2 DWR Statements Physical Address f � p nj•�„[N1fC ']�7 {lLI) - �4 �i �1 N�t �ytlt�1, Field Rep. �[1/ AECs Habitat 1, \ w,Es.,PTA Designationt� 6 CFws Development Buffer ISn��Q Riparian Notification? Green Card? Signed Form? Obj Waive 15' Fee Schedule Koj.h `t`,W'pC' Water Dependent Ace- ILK �C? X x x qI� Deed? �� �o � It, sE Raparian rights From Property line r I Sy.� r 1 4 width? Nav/Channel Proximity Residential Commercial FT calculations 8ft2or27ft' N/A b1.Y11*114=PLi ecA,o,, �ti�l w/ $ w•51.KJls U`1o` f CLJ lkwjz i nS4z, II RW ply V 19 $jx-i2' 4 over CW (431�25�tpt%r�� og��t1.>�1•r 6 t%ILI' —, 5V"�' Asti Lo' Y2ot " r140ctv.. (2� M x t(At �,A t;-4 otK.-Atc- S;I- A imkQYc` Permit Checklist Major Development Excavation/Fill Applicant Clnr�sg Address Permit # " 71 52k11NQ_ AS County New &wer Physical Location including Waterbody Description MP Forms Dates Drawings MP1 MP2 MP3 MP4 MP5 l� 2> 1y # Drawings & Dates 3 Cj AbAZ Development Types Including Conditions and Notes Nobal"PA) Glotz ;a \51 Sc.�ck Skops ,2 DWR 401 Certification # Permit Fee USACE SAW # Additional Comments On Back DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Chris and Michelle Meyers, c/o Debbie Wilson 2. LOCATION OF PROJECT SITE: 8733 Bald Eagle Lane, adjacent to Futch Creek, Wilmington New Hanover County, Latitude: 340 18'00.68" N, Longitude: 77044' 38.90" W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-101412021 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Wilmington -New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: CW, ES, EW, PTA Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Municipal Planned - None (F) Type of Structures: Existing - A 2-slip docking facility with a boatlift and floating dock, Planned - A bulkhead, new access pier, expanded floating dock with a kayak launch, gazebo, and 2 boatlifts. (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] (A) Vegetated Coastal Wetlands -208 ft2 432 ft2 ,(shaded) (B) Non -Vegetated Wetlands (Open water) 1,164 ft2 (incorporate (C) Other- High Ground (D) Total Area Disturbed:1,804 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to install a new bulkhead with Coastal Welland fill, construct a new access pier with a L-head gazebo, expand a floating dock with a kayak launch, and add 2 boat lifts for a total of 4 boat slips. RECEIVED OCT 13 2021 DCM-MHD CITY 8733 Bald Eagle Lane, Chris and Michelle Meyers Page Two 9. PROJECT DESCRIPTION The project site is located at 8733 Ball Eagle Lane, on Futch Creek, in New Hanover County. To locate the project site from the Wilmington Regional Office (WiRO), travel north on Market Street (NC Highwayl7), turn right onto Porters Neck Road and travel approximately 1 mile to the traffic circle, take the second exit to stay on Porters Neck Road and travel another 1.4 miles and then turn left onto Bald Eagle Lane. Travel approximately 0.8 miles and the property of interest will be located on the left. According to the application, the parcel located at 8733 Bald Eagle Lane has an elevation between 2'-16' above NHW and is approximately 0.57 acres. The parcel is bordered to the north and south by single-family homes, to the west is Futch Creek, with Bald Eagle Lane is to the east. The parcel has approximately 106' of shoreline frontage. The lot has an existing single-family home with the high ground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses. The home site is located on a high bluff that descends quickly into Coastal Wetlands. The bluff is stabilized with scrub vegetation that includes oak and hickory saplings, ornamental cherry, and goldenrod. Waterward of the bluff is a narrow strip of potential §404 wetland that transitions quickly into coastal wetland ranging between 45' and 60' wide consisting mostly of salt marsh cord grass (Spartlna aftemaflora). Waterward of the coastal wetland is approximately 30' of oyster mud flat that descend into the open waters of the Futch Creek. The existing 2-slip docking facility includes an access pier that is approximately 106 in length by 6' wide with a 6' by 12' L-head terminal platform. An access ramp from the terminal platform extends waterward onto an 8' by 16floating dock positioned parallel to the shoreline. A 14' by 14' boatlift is located on the western side of the floating dock. The existing docking facility was originally authorized by General Permit 11106-D issued on 4128/1993. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the high ground portion of the project area as Residential. The waters of Futch Creek are classified SA -HOW by the Division of Water Resources and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. The applicant proposes to install a new bulkhead with Coastal Wetland fill, construct a new access pier with a L-head gazebo, expand a floating dock with a kayak launch, and add 2 boat lifts for a total of 4 boat slips. According to the applicant, the proposed new bulkhead would be constructed approximately 2' waterward of the existing earthen bluff. The applicant indicated that a bulkhead may have been previously installed, but during the October 4, 2021 site visit no bulkhead or remnants of a bulkhead could be found. Due to the overgrown vegetation and steepness of the bluff it is possible that a bulkhead may have existed but no permit history was found. The proposed new vinyl bulkhead alignment would be approximately 104' in length with 8' wing walls and would fill a maximum of 208 ftz of mixed §404 and coastal wetlands. The applicant's decking is within -7'-8' of the bluff, see sheet 2 or 4. The applicant is proposing to install the bulkhead 2' in front of the earthen bluff to limit disturbance near the deck support structure. DCM received a letter of concern on September 15, 2021 from the adjacent riparian neighbor regarding conserving the trees and the associated canopy along the shoreline that span the property boundaries. The neighbor would prefer the applicant to use bulkhead installation methods (helical anchors or manta ray tiebacks) that would conserve the tree roots as much as possible in order to retain as many trees along the shoreline as possible. In addition, a new access pier approximately 99' in length by Tin width is proposed to extend from proposed bulkhead waterward. Approximately 82' of the proposed pier would be constructed below normal high water (NHW) with approximately 72' constructed over coastal wetlands. The proposed L-head gazebo would extend west of VE D pier over an oyster mud flat and open water measuring approximately 20' by 20'. An access ramp would extend from tFie gazebo to a floating dock positioned parallel to the shoreline measuring approximately 8' wide by 42 in smaller floating portion attached to the landward side measuring 8' by 14' with an incorporated kayak lauT. 40 2 ) 14' boat lift is proposed for each end of the floating dock for a maximum of 4 slips. The proposed float' do Will boat CITY 8733 Bald Eagle Lane, Chris and Michelle Meyers Page Three lifts will extend a maximum of 5' waterward to meet the pier headline (see sheet 3 of 4). No structure is proposed to be within either 15' riparian setback. The docking facility would comply with the % width rule extending an average of 60' into the waterbody that varies in width from approximately 300' to 561' wide. During the October 4m site visit water depths at a predicted 0.3 mean low water (MLLW) low tide were taken around the existing facility and 5' waterward at the pier headline. The depths at the pier headline ranged from -2.5' to -27 normal low water (NLW). Water depths on the waterward side of the exiting boat lift and floating dock were approximately -1.8' NLW. Predicted fide data was compared to the NOAA preliminary tidal data, which indicated the October 41^ low tide to be closer to 0.65 MLLW, indicating potentially higher than average low tide conditions. The water depths on the application appear to be consistent with the depths taken during the field visit when the preliminary tide data is taken into account. Active oyster beds are located in the shallower areas on the landward side of the existing floating dock and boat lift. Shell hash could be felt on the mud bottom during the site visit however active oyster beds are not believed to be under the proposed new floating dock location but are potentially just landward. The applicant indicated in the Narrative that if agencies have concerns with the water depths the floating dock and lifts can be put on 18' stops. No submerged aquatic vegetation (SAV) was noted during the site visit and no SAV habitat is mapped in the vicinity of the proposed project area. 10. ANTICIPATED IMPACTS The proposed project would result in the incorporation of 1,164 ft2 of Estuarine Waters and Public Trust Area and the shading of 432 112 of Coastal Welland Area. A maximum of 208 ftz of mixed §404 (Coastal Wetland fill is proposed for the new bulkhead installation. No encroachment into the 15' riparian setback is proposed nor would the docking facility extend past the pier head -line. The water depths on the landward side the proposed floating dock and boallifts appear to sufficient but are close to marginal in areas of potentially active shellfish beds, this may result in shellfish and shallow bottom impacts in a Primary Nursery Area during low water. No submerged aquatic vegetation (SAV) was noted nor is any habitat mapped in the vicinity. Minor increases in turbidity should be expected during project construction. Submitted by: Katharine Elks Date: October 13, 2021 Office: Wilmington RECEIVED OCT 13 2021 DCM-MHD CITY V/ Narrative Revised 7/l/22 As acting agent for Chris and Michelle Myers, I am submitting a CAMA Major Permit application for their property located at 8733 Bald Eagle Lane, adjacent to Futch Creek, Wilmington, in New Hanover County. The existing docking facility will be removed and a new 6' x 99' pier will be constructed terminating in a 20' x 20' covered platform. A new "T-shaped" floating dock measuring 6' x 28' with a 2' x 6' ramp landing platform. Between the covered platform and floating dock will be a new fixed 8' x 12' kayak launching platform. At the west end of the floating dock will be a new 14' x 14' boatlift, and a new 12' x 12' "Sling type" boatlift will be installed at the eastern end of the floating dock. The new docking facility will be located approx. 5' waterward of the existing docking facility however, it will not exceed the adjacent pier -head line, will conform to the V4 width of the waterbody limitation which is 140' in this location, nor will it encroach into the adjacent 15' riparian corridor setbacks. This will provide for a little more water depth than the existing dock. If required by commenting agencies, then stops will be installed to keep the floating dock and boatlifts 18" off the bottom at all times. As proposed, this docking facility will accommodate up to 3 small vessels in water depths ranging from approx. -I I" to -2' at NLW. A new 104' long vinyl bulkhead with 8' wingwalls will also be installed at the toe of the existing bank and backfilled with clean sand. No Coastal or "404" Wetland impact are being proposed. 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. And approx. • 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 Ma1or Development Permit (test revised 12127105) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) Last Name Myers Applicant 1: First Name Chris MI Applicant 2: First Name Michelle MI Last Name Myers If additional applicants, please attach an additional page(sJ with names listed. Mailing Address 8733 Bald Eagle Lane PO Box City Wilmington State NC ZIP 28411 Country 1 USA Phone No. 352-246 -4371 B1111• FAX No. - Street Address (if different from above) city stale DP Email michellemyers2glMgmail.com 2. Agent/Contractorimbrmadon Business Name aicontractor 1: First Name Debbie MI Last Name Wilson Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box 16275 City Wilmin ton Slate NC ZIP 28408 Phone No. 1 910 - 612 -0402 ext Phone No. 2 ezl. FAX No. Contractor tl Street Address (If different from above) city State 21P Email debbiew76@charter.net RECEIVED RECEIVE <Form continues on back> OCT 13 2021 OCT Q 12021 ■ Jr .tl r •. .-nngem ent.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 8733 Bald Ea le Lane 1455 Subdivision Name City State Zip Porters Neck Plantation Wilmin ton NQ 28411 Phone No. Lot No.(s) (if many, attach additional page with list) 352- 246 -4371 ext 14, 1 1 a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak Futch Creek 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 Middle Sound/Topsail Sound e. Is proposed work w1thbn city limits or planning jurisdiction? I. 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.) b. Size of entire tract (sti t.) 106' 25.230 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wafer) or 0.57acres NWL (normal water level) (H many lot sizes, please attach additional page with a list) 2' - 16, ®NHW or ❑NWL e. vegetation on tract Ornamental landscaping, oak trees, lawn grasses,Coastal and "404" Wetlands. f. Man-made features and uses now on tract Single family residence, garage, driveway, rock landscape wall, bulkhead, private pier, boatlift and floating dock. g. Identity and describe the existing land uses adlacent 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 ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA RE If yes, by whom? 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? EIVED 3 2021 Kt UtlVL'U ;HD CITY <Form continues on next page> OCT 0.1 2021 DGM wu utNnrn n tan 252.808-2808 :: 1.888.4RCOAST :: www.pecoostalmonagament.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? EYes ❑No (iii) If yes to either (I) or (it) above, has a delineation been conducted? EYes ❑Nc (Attach documentation, if available) See site plan n. Describe existing wastewater treatment facilities. Municipal o. Descrfbe existing drinking water supply source. Municipal 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 ❑PubltnlGovemment ®Prwate/CommuNty b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residential docking facility and shoreline stabilization 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 a barge mounted pile driver, backhoe and skid steer. d. List all development activities you propose. Remove existing docking facility and install new bulkhead, pier, covered platform floating dock and 2 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? 3,914 ®sq.F' m ❑Acres g. Will the proposed project encroach on any public easement, public sccessway or other area ❑Yea ®No ❑NA that the public has established use of? h. Describe location and We of existing and proposed discharges to waters of the state. None found or proposed RECEI i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ENo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA OCT 13 J. Is there any mitigation proposed? If ❑Yes ®No []NA DCM-MI-I yes, attach a mitigation proposal. <Form continues on back> DECEIVED OCT (! I Zoll ED 2021 CITY 252-808.2800 :: 11•888.4RCOAST :: www. no con s(^i.DOM WIL'M9Q&7V.h"tjlr' Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this Completed application /am, (MP-1) the following items below, d applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. C. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Erling & Alice Anderson Phone No. Address 8729 Bald Eagle Lane, Wilmington, NC 28411 Name Kevin Thomas Phone No. Address 8737 Bald Eagle 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, permittee, and issuing dates. None found It. Signed consultant or agent authorization forth, if applicable. I. Welland delineation, If necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.$. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter 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. RECEIVED I further certify that the information provided in this application is truthful to the best of my knowledge. Date 8/14/21 Print Name Debbie Wilson, Agent OCT 13 2021 Signature 4 QOOL2 (�f�L('.Qb/ri DCM-MHD CITY Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEIVED ®DCM MPA Structures Information OCT 01 2021 pCM WILMINGTON, NC: 252-808.2808 :: 1.088.4111COAST :: www.ncconstalmanagoment.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline (NLW or NWL) stabilization Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION NThis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cW _ ❑SAV ❑SB ❑WL _ []None (ii) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. NThis section not applicable b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? []Yes ❑No ❑NA (ii) If yes, how much water area Is affected? 252-006-2668 :: 11-888 4RCOAST :: saavvw oecc®asta@maevaeaemewk.raeQ revIzed: 12/26/06 Form VCM 6(41i P-2 (Excavation and ROD, Page 2 of 2) 3. SHORELINE STABILIZATION This section not applicable (if development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 104' Plus two t0'wingwalls ®Bulkhead ❑Ripmp ❑Breakwater/Sill []Other: c. Average distance walerward of NHW or NWL: 0'waterward of NHW e. Type of stabilization material: Vinyl Sheathing g. Number of square feet of fill to be placed below water level. Bulkhead backfill 0 Riprap_ Breakwater/Sill Other --- - - ---- --- i. Source of fill material. Width: 1_ d. Maximum distance waterward of NHW or NWL: f. (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. Clean sand from upland source. 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. (i) Will fill material be placed in coastal we8ands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL re suomergeg aquauc vegemuun toravl, WWII VVLLVVI kJ01, VI other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ❑None (ii) Describe the purpose of the rill in these areas: How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. 8/14/21 Revised 7/1122 Date Chris & Michelle Myers 8733 Bald Eagle Lane Project Name Backhoe and skid steer d. (i) Will wetlands be crossed in transporting equipment to project site? ®Yes ❑No ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Most will be by foot malts will be used as needed. Chris & Michelle Applicant Name L�exkv' U)ZkorL Agent for Applicant Signature 252-608.2808 :: 1-888-4RCOAST :: w ,nccoastalmanagement.net revised- 12126106 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 facility/marina: [--]Commercial ❑Public/Government ®Private/Community c. (I) Dock(s) and/or piers) (it) Number 1 (III) Length 99, (iv) Width 6' (v) Floating ❑Yes NNo e. (i) Are Platforms included? ®Yes ❑No If yes: (ii) Number 1 Floating, 1 Fixed, 1 Covered Fixed (III) Length 28' 12', 2d (iv) Width 6'. 8', 20' (v) Floating ®Yes NNo Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 3 (ii) Number of slips existing 2 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: 16=22' m. (i) Will the facility have tie pilings? []Yes NNo (it) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes NNo d. (i) Are Finger Piers included? ❑Yes NNo If yes: (it) Number (iii) Length (iv) Width (v) Floating ❑Yes []No I. (i) Are Boallifts included? ®Yes []No If yes: (it) Number 2 (iii) Length 14' 12' (iv) Width 14' 12' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips) only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sailboats, mixed types). Open Runabout, jet ski and kayaks I. (1) Will the facility be open to the general public? []Yes NNo 252-8011-2808 :: 1-388 4RCOAST :: weyve000ccaalsta9enanageenent.net revised: 12/27103 Fortran OCM MP-4 (Structures, Page 2 of 4) 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 ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpoul Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 252-808-2805 :: 9-889-4RCOA5T ;: w .necoast:allmarnaaemene.net revised! 92/27/06 Form LtDCG?Ili 6)f F 4{ (Structures, Page 3 of 4) m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes [:]No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑S8 ❑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. 13. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublicIGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (ii) Length (III) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable 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 J. Description of buoy (color, inscription, size, anchor, etc.) 252-808-2808 :: 9-088ARCOASu :: vvvvvv.nccoastalmanagement.net revised:'d212-VGG Form 0CM MP-4 (stnictures, page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 29'to the west and 20' to the east. Note: For buoy or mooring piling, use arc of swing including length ofvesseL c. Width of water body 561, e. (1) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (it) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 36' to the west-84 to the east.._ - d. Water depth at watenvard end of structure at NLW or NWL -2'(a7NLW B. OTHER []This section not applicable a. Give complete description: Remove the existing docking facility and install a new 6' x 99' pier, 20' x 20' covered platform, a new 6' x 2s' foatjng dock with a 2' x 6' landing platform. a 8' x 12' fixed kayak launching platform, a 14' x 14' boatlift and a 12' x 12"'sling type" boatlift. Stops and limit switches will be installed if required. 8/14/21 Revised 7/1/22 Dale 8733 Bald Eagle Lane Project Name Chris & Michelle Applicant Name Pde!6&e U)kA"iv. Agent for Applicant Signature 252.808-2808::11-8884RCOASV vvvv*v.nccoasta9manasoemon2.net revised:'d2J'2 100 ROY COOPER Go v ELIZABETH S. BISER Secretary BRAXTON DAVIS Oirr Debbie Wilson P.O. Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmaata/Quality October 13, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Chris and Michelle Meyers, for State approval for development of the subject property located at 8733 Bald Eagle Lane, adjacent to Futch Creek, in New Hanover County. It was received as complete on October 1, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 15, 2021, An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 1, 2021, 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 projecl designedconsultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, r�� RECEIVED Katharine Elks Field Representative CCT 13 2g21 cc: Cameron Luck, DCM Holly Snider, DWR DCM-MHD USACE Chris and Michelle Meyers, Applicant CITY Christine Bouffard, LPO D_EQ� North CarolinaDepartmenraCmlrcmn zalQuakry • DlmbnofCoaeralkianagement Wilmington UfFlcr : 127 Cardinal Jrive G.<ltns on Wilmington V uth Cara;ina 2dd05 »'\ nu„aa-M \T()'1'IC1: CAMA PERMIT APPLIED FOR Applicant proposed to install a new bulkhead with `gfs'O-ciated coastal wetland i expand a private doc in facility to include a kayak launch & two (7) aridotional boatlifts to u c Creek in i ming on, ew anover oun y. COMMENTS ACCEPTED TH.F,OUGH-.Af0ve tbPr _20,j-_. APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Chris & Michelle Meyers 8433 Bald Eagle Lane IV. O Oas a anagemenfi - — mmg on, NC 28411 127 Gar Ina r. X . Agent., Tim ing on, Debbie Wilson Katharine s - (910) 612-0402 0 October 13, 2021 GanLegPubNoticcs@gannet1.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Town of Sunset Beach —Brunswick County • Chris & Michelle Meyers— New Hanover County ROY COOPER (inve" r ELIZABETH S. BISER .G nerary BRAXTON DAVIS /hrcrvnq /hrarirvr n/('aural Af...o emrnl Hello: Please publish the attached Notice in the Monday, October 18, 2021 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. ***'*Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. Paying by credit card, (Customer No. 489895) cc: Thank you for your assistance in this matter. 9 Sit erely,S11 I o ' av ctila Permitting Support & Customer Assistance MHC Files Cameron Luck — MHC USACE State or North Carolina J Environmental Quality l Coastal Management 127 Cardinal nmc Exl., Wilmington, NC 29405 9l9 796 7215 RECEIVED OCT 13 2021 DCM-MHD CITY 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 October 13, 2021, The Town of Sunset Beach proposed a major modification to State Permit No. 79-19 to re -align the primary channel & add a .secondary channel win the Bay Area w/ the installation of temporary structures at two (1) offload sites, between 1503 & 1711 Canal Dr., between 18" St. to the Inlet, and end of Cobia St. & end of Seaside Dr. on the mainland in Sunset Beach, Brunswick County; And October 13, 2021, Chris & Michelle Meyers proposed to install a new bulkhead with associated coastal wetland fill & expand a private docking facility to include a kayak launch & two (2) additional boallifts for a total of four (4) slips at 8733 Bald Eagle Ln., adjacent to Futch Creek in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Tara MacPherson (Brunswick County) or Katharine Elks (New !Hanover County) N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7266 (Tara MacPherson) or (910) 796-7424 (Katharine Elks) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 8, 2021 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 OCT 13 2021 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: ChnS 0'werS Mailing Address: 2-71-> Lfn,e NCB - KL-1 I Phone Number: �35Z) LJ Ll t_ -4 71 Email Address: -12C�I( icel � �1ye�S Lc(C �jr��Ctt l • Cc:+i I certify that I have authorized _Debbie Wilson Agent Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: L ulkhtrr� Cia ky rtr (I tt-xY6 at my property located at q7 3 3 G c,1 d � e-g f (e, Ln . in 1V t w IAcina VC County. I furthermore certify that 1 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 Ilr, tY\V efS Print or Typo Marne Title Date This certi ication is valid through I_ PECEIVED X f Q 1 2021 DCM WILMINGTON, NC - tECEIVED OCT 13 2021 .;M—tMHD CITY Tracking Number: 70202450000075291387 Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. In Transit, Arriving Late September 9, 2021 Get Updates Text & Email Updates Tracking History September 9, 2021 In Transit, Arriving Late Your package will arrive later than expected, but is still on its way. It is currently in transit to the next facility. September 5, 2021, 11:04 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX September 5, 2021, 11:09 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX September 4, 2021, 1:02 am Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER September 3, 2021, 4:47 pm Departed Post Office WILMINGTON, NC 28412 RECEIVED September 3, 2021, 4:06 pm USPS in possession of item OCT 0.12021 WILMINGTON, NC 28412 RECEIVED OCT 13 2021 DCM-MHD CITY I)DDA wit MINGTON, NC ■ 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 mallpiece, or on the front If apace permits. 1. Article Addressed to: Kevin Thomas 8737 Bald Eagle Lane Wilmington, NC 28411 III IIIIII IIII III IIII IIII II IIIIIIII II II IIII I III 9590 9402 6697 1060 2737 93 7020 2450 0000 7529 1394 Io PS Form 3811, July 2020 PSN 7530-02-000-9053 X l-,, 2. B. Received by ❑ Agent R-CNw , wnt,r-t 1 %/9/Zl D. Is delivery address different from Item 17 ❑ Yee If YES, enteF{fµvppmytltFkDIOW: Z No )CT Q��IYYNZI velure ❑ PrWtty Melt Ezpresa® ReaNcted De'rvory ❑ 1149 stared MeJ'm ❑ Repl Mall Restrkted Maue Vy9d 'Ivory f Mall ReabMw Dd vary ❑ Sl9reture Cwftmntbn^' DMvery ❑ Sldrntue C ny on M mail y aestricted DelWely Q[, Re9idged Delivery Domestic Return Receipt I Postal o RECEIPT N Domestic Mail { -1 r tiCertified Mall Fee f3.75 0401 u s r` "Serreepl pu~top�eac steer rArlo,.. 9 C3 C3 ❑aMwww+�ea { ❑CNYre MaY e.WlCMe a.a'+rY { f C3Oeeasm+r.ew.a { ING7, j Nn ❑AtunSprM Rmaere t>.MY I V E3 PoelaQe f0.98 it fru �otalfbatapeaM sr 0 8 - tH s , N semra Erling & Alice And erson C3 Siruei-4Ayt7la:,,oipOgni(J 8729 Bald Eagle Lane cty;s;r;;21, 4 - Wilmington, NC 28411 RECEIVED OCT 13 2021 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 13, 2021 MEMORANDUM: NORTH CAROLINA Environmental QualNy FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.gov SUBJECT: CAMA/Dredge & Fill Applicant: Chris & Michelle Meyers Project Location: 8733 Bald Eagle Lane, adj. to Futch Creek in Wilmington, New Hanover County Proposed Project: Proposal to install a new bulkhead with Coastal Wetland fill, construct a new access pier with a L-head gazebo, expand a floating dock with kayak launch, and add two (2) boat lifts for a total of four (4) boat slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by November 8, 2021. 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. PRINT NAM AGENCY SIGNATURE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE RECEIVED w 13 2021 DCM-MHD CITY D_E QJ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 xwiv cenouuc 9I0.796.7215 From: "Alice Anderson' <maggiea54@aol.com> To: "tara.macpherson@ncdenr.gov" <tara.macpherson@ncdenr.gov>, "debbiew75@charter.net" <debb iew75 @ch arter. net> Cc: "Alice Anderson' <maggiea54@aol.com>, "era961912@aoLcom" <era961912@aoLcom> Bcc: Priority: Normal Date: Wednesday September 15 2021 7:25:24AM "8733 Bald Eagle Lane (New Hanover County) CAMA Permit Application - Request" Good morning, I am an adjacent parcel owner, 8729 Bald Eagle Lane, and reviewed the proposed CAMA major permit application for 8733 Bald Eagle Lane (BEL) in New Hanover County. I have one comment for the NCDCM, a "request for consideration", not an objection. We have two mature native Live Oaks adjacent to the 404 wetlands in the natural creek embankment of Futch Creek. These two trees are similar to the "legacy Live Oaks" found in the Airlie Garden embankment adjacent to Bradley Creek. The northernmost Live Oak is located between our dock and the property line with 8733 BEL. There is also a maturing, — 50 - 60 year old Hickory tree in the same vicinity. (3 images provided below) We ask that, during the installation of the tie back system and southern wingwall, to the extent practicable", severing of roots from these adjacent trees be avoided. For reference on "living shorelines" which we consider ours to be, linking an article published in the Wilmington Star News this week (9/13/2021). btjl?s://www.starnewsonline.com/sto /news/2021109/13/nc-living-shorelines-usi g-nature-adapt-rising: sea-levels/5646604001 / Alice Davis Anderson Image 1 - Northernmost native Live Oak RECEIVED OC1 13 2�21 pGM-MFID CITY RECEIVED IOU a I ?` WILMINGTON, NC Image [ - Northernmost native Live Oak creekside view. RECEIVED OCT 13 2021 DCM-MHD CITY Image 3 - Trees - Hickory tree to right of native Pine tree. Pine tree is on adjacent 8733. xECEIVED W T 13 2021 RECEIVED .,'.'HD CITY OCT 0 1 2021 DCM WILMING ON, NG �� HOOK OYYC rage LMYO 0,� 4 � BK: RB 6662 11111/1111WIffIllp -1166 REIC ED: zo161125266 08-10-2016 NEW HANOVER COUNTY, NC NC FEE STATE OF NC 10:52:08AM TAMMY THEUSCH 13EASLEY REAL ESTATE BY. CAROL HUGHLEY REGISTER OF DEEDS EXTX S17/1.0a DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1271.00 Tax Parcel No. R03017-002-005-000 Parcel Identifier No. Verified by County on the _ day of , 20_ MailBox to: This instrument was prepared b Ssffo Law Firm, PC, 5900—B Oleander Dr., Wilmington, NC 28403 Brief description for the Index: Lot 14. Sec. "A", of Porters Neck Plantation THIS DEED made this 4th GRANTOR JOHN FERRIS HOWARD, JR., ROBIN GAIL HOWARD GROVER, and JOHN F. HOWARD, as Trustees of the John F. Howard Revocable Trust day of August , 20 16, by and between Itlt7:5a 00 CHRISTOPHER LAYERS and wife, NICHELLB MYERS 8735 $alel Easl< Lnl i) IA+�JFenI NC Z8+11 RECEIVED OCT 13 2021 DCM-MHD CITY Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership. 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. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Township, New Hanover County, North Carolina and more particularly described as follows BRING ALL OF Lot 14, Section "A" of Porters Neck Plantation according to the survey prepared by Loughlin and Von Oesen, Civil Engineers, dated May 13, 1951, and recorded in Hap Book 5, at Page 63, of the New Hanover County Registry. Being the same property described in the deed recorded in Book 1298, Page 1200, of said Registry; and also as described in the deed recorded in Book 5857, at Page 945, of said Registry. RECEIVED UC�As ... 945 The property hereinabove described was acquired by Grantor by instrument recorded in Book page A map showing the above described property is recorded in Plat Book 5 D0MWJI.MIGI0N, NC NC Bar Association Form No. 3 ® 1976, Revised ® 1977, 2002 + James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com Pek,o To ' Pip9"e -17,1L noox nyw� rage iyri TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 1. Basements, rights of way, and restrictive covenants of record; 2. Real property ad valorem taxes for the year 2016; 3. New Hanover County and other applicable land use ordinances. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. JOHN P. HOWARD REVOCABLE TRUST (SEAL) SEAL -STAMP State of North Carolina - County of O 1, the undersigned Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of iz: 20_: L wMy Commission Expires: Notary Public UL I 13 Z021 SEAL -STAMP State of North Carolina - County of CITY I, the undersigned Notary Public of the County and State aforesaid, certify that personally came before me this day and O acknowledged that he is the of a North Carolina or corporation/limited liability company/general parotetship/limited 6 partnership (strike through the inapplicable), and that by authority duly given and as the act of each entity, _he signed the forgoing instrument in its name on its behalf as its as and deed. Witness my hand and Notarial stamp or seal this _ day of 20. w My Conunission Expires: Notary Public State of North Carolina - County of WOW 0 9� t� O I e Venal oil Notary Public of the Count and Sta,te afgtesai certifythat� E 1G1t1i NdW AUQ,'` LWitness my hand and Notarial stamp or seal this jj da of 20 go My Commission Expires: �D • 0 "�+•,"U Notary Pub is The foregoing Certificate(s) of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in th ook and Page shown on the first page hereof. Register of Deeds for ECEIVI-m County By: Deputy/Assistant - Register of Deeds NC Bar Association Form No. 3 C 1976, Revised ® 1977, 2002 CC T 0 1 207 ' * James Williams & Co., Inc. Printed by Agreement with the NC Bar Association - 1981 www.JamesWilliams.com /)CM WILMINGTON, NC noox Drys rage ♦era `0 NiY.H. TAM EASLEY MY Scx New Hanover County Register of Deeds i a Register of Deeds Z 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 i Telephone 910-798-4530 f Fax 910-798-7751 v tvi. wAJ Y ID #ifiM•Hf#Rff##MH#1f#♦tiffffflflff#####R#ff#t#R##1t##Rtf#t##•##1Nf1HHi}•Hff4 N11Hf#Rf########f Htfff State of North Carolina, County of NEW HANOVER Filed For Registration: 08/16/2016 10:52:08 AM Book: RB 5992 Page: 1496-1498 3 PGS $1,297.00 Real Property $26.00 Excise Tax $1,271.00 RECEIVED Recorder: CAROL HUGHLEY Document No: 2016025266 OCT 13 2021 DCM-MHD CITY Hfif♦fiflMHRHYf#URfffft#f#f fM1ff#f 1Hfit}f #f 1R1RRH1HHf1f#H1Nti ff#f f#f♦f}N•f}tiff fNf f##lMff #fff DO NOT REMOVE! , This certification sheet is a vital part of your recorded document. Please retain Ritri♦ealairirl document and submit when "-recording, f'SF�#IG�VIC 4; OCT Q 1 DCM WILMINGTON, NC From: laurfiche&cdair.gov To: dcbbiew75@;6arrecnet Cc: Bcc: Primly: Normal Dal: Wabmsdmy ggeembcr 29 2021 11:00:33PM Pre -Filing Time Cluck has been reached for B733 Bad Fagle Lane - Ver The None, Gerdim ONieion of Wam Resources ham received the PwwFiing Meeting Request Form for 8733 Bald Eagle Lane that you submined on 9/30f2021 Your Pro-Fi'eg Meetng Request has now reached the 30 celeen ar days' requirement and your applicalion can now be accepted. When you submit your application please upload a copy of the attached document in We emit. Th. email was aotome(raey gemusbd by Lassrfrche wa k%.. Please do not respond to this.mad address. as rasp sor arc or monitored Infernal Use only: Non Transportation RECEIVED OCT 13 2021 DCM-MHD CITY RECEIVED OCT O.l ? -I DCM WILMINGTON, NC NC Division of Coastal Management Major Permit Application Computer Sheet AEC '[ wl7/0 C0?,&r- Fee: $ On # to I/b CDAITS _ MHC cc _ r; Applicant: Agent/Contractor: Project Site County: NtkJ IJAKOVIA," Staff: ahK 1 kr District: W/lmington Project Name: Initial date of application submittal: ver File: n/a River Basin: ; It3h a,, I Date application "received as complete in the Field office: to 1 t ' W y SITE DESCRIPTION/PERMIT INFORMATION ORW: 0Yes 9010 I PNA: JZYes ❑No Photos Taken: Yes JK No❑ Setback Required (riparian): Pea No Critical Habitat: ❑Yes ❑No Pot Sure 15 foot waiver obtained: LJYes FNO Hazard Notification Returned: ❑Yes Oo SAV: ❑Yes ❑No VNot Sure Shell Bottom: ElYes No ❑ Nol Temporary Impacts: ❑Yes No Sure Sandbags: OYes JINo El Not Sure Did the land use dassificalion come Mitigation Required (optional): from county LUP: ❑Yes ❑No []Yes (--]No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No PINA ❑Yes ❑No ❑NA FT. Shellfish Area Designation: Project Description. (code) Development Area: (code) Open -or- lose / P `r g04 ;r{/ 0. 04oeG SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) LJ Future Water Supply (FWS) I LJ Nutrient Sensitive Waters (NSW) I U Swamp Waters (SW) WETLANDSIMPACTED (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salioornia sp.) etlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemifiora) cynosuroides) (DS) Salt or spike grass (Distichlis 0 (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicala) sp.) (JR) Black needlerush (Juncus El (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) Pdv. public or Comm w/ D&F to 1 1 can be applied - $250 I cra: 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 ❑ Permit Transfer - $100 ❑ 111(B) Public or commercial w/ O&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - $100 0 II. Public or commercial/no dredge and/or fill $400 - jC3 I. Private no dredge and/or fill - $250 ❑ 111(C) Priv. public or Comm w /D&F to 1 acre, 4144 can be applied; DCM needs DWQ agreement - $400 OCT 13 2021 its DCM-MHD CITY Applicant MMWS Date: ►lV Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. REPLACE Activity Name Number Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 FNek One Replace I Maint ❑ ❑ Y N Q New Work Replace Maint ❑ Y ❑ N 1V New Work Replace L ` Maint ❑ ❑ Y IN O �pi0 New Work T Replace ` Maint ❑ ❑ Y f$fN 42 S New Work Maint Replace ' b ❑ ❑ Y N New Work Replace L Z Maint ❑ ❑ Y N (.� e L1 New Work Replace Maint❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for (Anticipated final (Applied for (Anticipated final 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 tern an acts impact amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other \V4 I.Iuq I Dredge ❑ FIII ❑ Both ❑ Other 4Z 2 (•� 3 0� Dredge ❑ Fill Both ❑ Other ❑ Xo f ti i Dredge ❑ Fill ❑ Both ❑ Other ❑ j Dredge ❑ Fill ❑ Both ❑ Other ❑ I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ HECEIVE OCT 13 2021 919-733.2293 :: 1.888-4RCOAST :: www.nccoastalmanagem_ent.net revised: 2. 8 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/5/2021 Christopher Myers same SunTrust 1966 $400.00 major fee, 8733 Bald Eagle Ln, KE rct. Wilmington NHCo SPLIT 60/40 15681 [7 c; s 3 n w o m m RECEIVED OCT 13 2.021 Major Permit Fee Schedule Project Name: County Check No 8 Amount: Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. II. Public of 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. MID), If General Water Quality $q00 60% ($240) 40% ($160) Certification No. 4175 cannot be applie IV Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. OCT 13 2021 DCM-MHD CITY �$._ ,� '^ a Vie, �.K O a�`- ,i � �' : ]�'�` v. {' � .s`.. � �" •. ` 1 r v >. 'iii" - � '� ....-�+:.'��� s^�'a.fry,f: _. • ,t a 'w - r � -ti>s q`4 ,r�. �..�-v ity Ma .k N 4r:3'• �`rM.��� i .'��`Q. r^s._.�p�.� iye `'E�le i, "e �fsw Ac IL lF O = �0' O '"�� %' +� r Kilf� '•l i(tY &�i ry .JYyF, 01 ���V, . g�U. ✓ M 4t T-,��.al �'^ad" ,. T.-/ {cN� . � _ �. ���� � Y4. _/'�..-.. t�� •y.,,. ' `�<�+ty,f ��®�; �ftlif6NR i ^..-• •:,� . Y F - �!♦�ck�C��✓r- a-`!.t :t iki irk- •}� F'.. w *j r� 5 i<a� '` .a!r ' 1 -00 J 4..•1FXirir- a b11+�fi�RKt'.'`yr(3Y �d _� .aFr �. +.j7. Y_ i•,•'j:Q2y r -'� S .' �•�'�.- Ems`' p;:t. tO ;i�'0�• :t; ..-�9' ;rJ . o�,e". .i^n of �a Y 'CYO �j+E• ,+5, ... __ f. V. t�' e. /'Y. 8;7rj3, BaY�d Eagl L•`n Y a y _-,,jj � j � ,, "i�f : Tyr . .._ �., ® 1'�+'IC A.v.�-' ;G • ` OdC .l i_..rPIic'.fFF� • ,jr r li' r ':� Ali"fir- ;•' S+`'1! p La d 4- Fw D CkA S'Je v Sx-A 0✓1 10 14 1 aoa-I - v,0 .eX13fi1�5 ��,Ikl��ceQ �C Platform n w of )dy = 140 �Boatlift' M l0 n Uqe of f ftMh% y y Ilk y Top Of Bank 01 Erling & Alice Anderson 8729 Bald Eagle Lane Wilmington, NC 28411 RECEIVED OCT 13 2021 DCM-MHD CITY RECEIVED (q 01 YU7 QCM WII.MINUON, NC Chris & Michelle Myers 8733 Bald Eagle Lane Wilmington New Hanover County Drawn By: Debbie Wilson 8/14/21 Scale: 1" = 30" Sheet 2 of 4 Proposed Structures Futch Creek N� o (a ,a_ Pier Head AlignmenUEtlge of Channel, / O. O O T�Establishetl _. E — 12• Existing Float Existing. 36' i'✓— q D 8'x28' 1e 12' 3 84' g Ezislin Existing Platform Boattift Setback) r� 1q $ z•,a•O�/ Setbac Existing Kayak -NLW----""Launch Boatliftwill be asling type lift ..—_� .-.. Platform ._ D'— I " NLW- ❑=Slip Numbers Ed e of a f * ll p = Water Depths Relative to NLW a —Edge w * * I y * I y� of Marsh--'� yK arsh Ili* i lk, Marsh V, y \V NhW� y y * I y * Coastal/404 Wetlands Z �VI NHW Il `Y EXIstiNg Adjacent* W Bulkhead to be ofsl,orerne Installed at toe of sloe 11 cu..lanaon wetlams' -' Bulkhead To of - -�� Ban Top of 10' Returns Bank 10' Return wall 20' Tie -back wall Area Existing Open 2g Deck Kevin Thomas Erling & Alice Anderson P hris &Michelle Myers P 8737 Bald Eagle Lane 8729 Bald Eagle Lane L 8733 Ie I one � Floating Dock Chris & Michelle Myers 8733 Bald Eagle Lane Wilmington New Hanover County Drawn By: Debbie Wilson 8/14/21 Scale: 1" = 20' Sheet 3 of 4 Revised 711/22 Existing Bottor Con X-Sections Typical Bulkhead X-Section Grade ROY COOPER Governor ELIZABETH S, BISER Secretary BRAXTON DAVIS Director Ms. Debbie Wilson PO Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality December 13, 2021 This correspondence acknowledges our December 13, 2021 call in which you indicated that your clients, Chris and Michelle Myers, wish to place their CAMA Major Permit application in abeyance until the project has been redesigned. Based on this request, processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (252) 808- 2808 ext. 228, or by e-mail at cameron.luck@ncdenr.gov. 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 n���m nlu.�o.m�wmsy� 252.808.2808 Luck, Cameron A From: Luck, Cameron A Sent: Monday, December 13, 2021 1:02 PM To: debbiew75@charter.net Cc: Elks, Katharine B; Dunn, Maria T.; Harding, Kimberlee k; Snider, Holley; Currey, Gregory E CIV USARMY CESAD (USA) Subject: Hold Letter for Myers Major Permit Application Attachments: Voluntary Hold Myers.pdf Hey Debbie, Good to catch up with you on the project this morning. Attached you will find a hold letter documenting our conversation to place the project on hold until an updated plan has been developed with commenting agency concerns in mind. Best, Cameron Luck Assistant Major Permits Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252 808 2808 ex.228 - office Cameron. Luck(a)ncdenr.gov 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. ROY COOPER Governor ELIZABETH S. B1SER Secretary BRAXTON DAVIS Director Ms. Debbie Wilson PO Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality August 9, 2022 This correspondence acknowledges the receipt of a revised project design which was provided in an email to DCM Major Permit staff on July, 22, 2022. Based on the provided updated design and approval by the NC Division of Water Resources and other commenting agencies, processing of your application has resumed as of this day, August 9, 2022. The revised projected 75-day deadline for making a decision is November 6, 2022. If you have any questions concerning this matter, please feel free to contact me at (252) 5151- 5419, or by e-mail at cameron.luck@ncdenr.gov 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 From: debbiew75@charter.net <debbiew75@charter.net> Sent: Friday, July 22, 2022 12:59 PM To: Luck, Cameron A <Cameron.Luck@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Perry, John M <John.Perry@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: [External] 8733 Bald Eagle Lane CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. All, After discussions with Chris and Michelle Myers at 8733 Bald Eagle Lane in regard to various agency comments and concerns, I have revised the proposed structures to reduce overall impacts. Please see the attached revised drawings, M-P forms and Narrative and feel free to contact me (910)612-0402 if you have any questions. Thank you, Debbie Narrative VOID As acting agent for Chris and Michelle Myers, I am submitting a CAMA Major Permit application for their property located at 8733 Bald Eagle Lane, adjacent to Futch Creek, Wilmington, in New Hanover County. The existing docking facility will be removed and a new 6' x 99' pier will be constructed terminating in a 20' x 20' covered platform. A new "T-shaped" floating dock measuring 8' x 42' and 8' x 14' will be installed waterward of the covered platform. There will be a slanted area on the landward corner of the 8' x 14' section of floating dock to allow for the easy launching of kayaks. Two new 14' x 14' boatlifts, 1 on each end of the 42' section of floating dock will also be installed. The new docking facility will be located approx. 5' waterward of the existing docking facility however, it will not exceed the adjacent pier -head line, will conform to the %4 width of the waterbody limitation which is 140' in this location, nor will it encroach into the adjacent 15' riparian corridor setbacks. This will provide for a little more water depth than the existing dock. If required by commenting agencies, then stops will be installed to keep the floating dock and boatlift 18" off the bottom at all times. As proposed, this docking facility will accommodate up to 4 small vessels in water depths ranging from approx. -6" to -2' at NLW. A new 104' long vinyl bulkhead with 8' wingwalls will also be installed 2' waterward of the existing deteriorating approx. 8' tall wooden bulkhead. There is heavy wetland type vegetation at the base of the existing bulkhead which ranges from 13' to 28' landward of NHW and approx. 24' from the existing dwelling which is at an elevation approx. 4' higher than the bulkhead. This high bank and close proximity to the existing dwelling has created a tremendous amount of pressure on the failing bulkhead which prevents the removal of the existing bulkhead to place a new bulkhead in the same location without a huge potential for the foundation of the dwelling to have a catastrophic failure. Therefore, we are requesting that the existing bulkhead remain in place and the new bulkhead be installed 2' waterward even though there are mostly "404" type wetland vegetation at the base of the existing bulkhead. This would result in approx. 208 sq. ft. of wetland fill with this alignment which would have much less of an environmental impact than the potential catastrophic failure of the bank and thus the foundation of the dwelling. 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. And approx. • 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. RECEIVED OCT 01 2021 RECEIVED OCT 13 2021 DCM-MHD CITY DCM WILMINGfpN, NC Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ®This Section not awe a. Amount of material to be excavated from below NHW or cubic yards. c. (i) Does the area to be excavated include coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (II) Describe the purpose of the excavation in these areas: to be excavated. d. High -ground excavation In cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not app/kable a. Location of disposal area. b. Dimensions of disposal area. C. (I) Do you claim title to disposal area? d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes ❑No ❑NA (11) If no, attach a letter granting permission from the owner. (11) If yes, where? i,RECEIVED e. (1) Does the disposal area Include any coastal wetlandsimarsh f. (1) Does the disposal Include any area In the water? g (CW), submerged aquatic vegetation (SAV), shell bottom (SB), OCT 13 2021 or other wetlands (WL)? If any boxes are checked, provide the [:]Yes ❑No ❑NA number of square feet affected. (II) If yes, how much water area is affected? ❑CW _ ❑SAV _ ❑SB _ DCM-MHD CITY OWL ❑None (11) Desoibe the purpose of disposal in these areas: RECEIVED OCT Q 12021 DCM WILMINnTQNr NC 252.808•2806 :: 1,8884RCOA3T :: wwykrsc�pastahpanagg-tnant.net revised: 12I2a106 FOFin DGM MP-2 Wxcavatinn and Fill, Page 2 of 2) VOID 3. SHORELINE STABILIZATION ❑This secdon not appRceb/e (if development is a wood groin, use MP-4 - Structures) a. TYDe of shoreline stabilization: h. I Moth- 1n6' nIus twn a' winnwall¢ ®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ c. Average distance waterward of NHW or NWL: e. Type of stabilization material: Vinyl Sheathing g. Number of square feet of fill to be placed below water level. Bulkhead beckfill 0 Riprap_ Breakwater/Sill _ Other 208 sq. 8 in wetlands I. Source of fill material. Upland source Width: 1' d. Maximum distance waterward of NHW or NWL: I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean sand from upland source. 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. III Will fill material be placed in coastal wetlands/marsh rCW1. If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 0. U=1119:I1AL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL []None (ill Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type o controlled? backhos, or c. (i) Will navigational aids be required as a result of the project? ❑Yes DgNo ❑NA (if) If yes, explain what type and how they will be implemented. 8/14/21 Date Chris & Michelle Myers 8733 Bald Eagle Lane Project Name Backhoe and skid steer will be used (e.g., dragline, d. (1) Will wetlands be tressed in transporting equipment to site? ®Yes ❑No []NA RECEIVED (it) If yes, explain steps that will be taken to avoid or mlNmine environmental impacts. Most will be by fool, matte will be used as needed OCT 13 2021 Chris & Michelle ApplicantName p� n C Dd-4 //z-P 61)Z1ydrL Aoent forR�yEIV~D Applicant Signature OCT 01 2KI CITY 252-808.2608 :: 1-888.4RCOAST ;: wwwzngcoatstalrnanaggment�nat revlsod; 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) VOIE 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 facility/marina. ❑Commercial ❑Public/Govemment ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No C. (1) Dock(s) and/or plants) d. (1) Are Finger Piers included? ❑Yes ®No (li) Number 1 If yes: (Ili) Length 99, (ii) Number (Iv) Width 8' (iii) Length (v) Floating ❑Yes ®No IN) Width (v)Floating ❑Yes ❑No e. (i) Are Platforms Included? ®Yes [I No f. (i) Are Boatlifts included? ®Yes ❑No If yes: If yes: (11) Number 2 Floating, 1 Covered/Fixed (II) Number 2 (ill) Length 42�_14, 20' (III) Length 14' (1v) Width 8'. 8'. 20' (Iv) Width 14' (v) Floating ®Yes ®No NoteRoofed areas are calculated lmm dripline dimensions. g. (I) Number of slips proposed 4 (II) Number of slips existing 2 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: 16 - 22' m. (i) Will the facility have lie pilings? ❑Yes ®No (II) If yes number of tie pilings? h. Check all the types of services to be provided. ❑ Full service, including travel lift andfor rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Open Runabout, jet ski and kayaks RECEIVED OCT 13 2021 DCM-MHD CITY (i) Will the facility be open to the general public? []Yes ®No DECEIVED 0C r Q 1 2021 DGM WILMINGTON, NC 252-808.2808 :: 1.118e4RCOAST :: www.necoasta_I_menegement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 2 of a) 01D 12. 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 ❑ 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. (11) Give the location and number of'Pumpout Available" signs proposed. f. Describe the special design, If applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. 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 Bushing? OCT 13 2021 CrTM I. If this project is an expansion of an exisfing marina, what types of services are currently provided? RECEIVEp .l 2021 DCM WILMINGTON,, Nr,, 252-808-2888:; 1-888-ARCOAs'r revised: 121271e6 Form 0CM MP-4 (Structures, Page 3 of 4) \\ m. Is the marinaldocking facility proposed within a primary or secondary nursery area? `� 1 O I D Elves ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? Dyes ❑No o. Is the manna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ❑None p, Is the proposed marma/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 lilts) ®This section not applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑PublidGovemment ❑Private/Community (ii) Number (ili) Length (Iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (i) Number (it) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, orwetlands 16. MOORING PILINGS and BUOYS ®This section not applicable a. Is the struaure(s): ❑Commercial ❑PubliclGovernment ❑Private/Communily c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscnption, size, anchor, etc.) RECEIVED 3 2021 RECEIVED DCM-MHD CITY OCI UI 2021 DCM WILMINGTON, NC 252-808-2808 :: 1.888.4RCOAST :: www.necoagtalmanegement.net revised: 12127/06 Form DCM MP-4 (structures, Page 4 of 4) 7. GENERAL a. Proximity of struUure(s) to adjacent riparian property lines 17' to the southwest & 16' to the southeast Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 561' 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 will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 24' to the southwest & 80' to the southwest d. Water depth at waterward end of structure at NLW or NWL -2' fad NLW 8. OTHER ❑This section not applicable a. Give complete description: Remove the existing docking facility and install a new 6' x 99' pier 20' x 20' covered platform a new 8' x 42' & 8' x 14' "T-shaped" floating dock with a new 14' x 14' boatlift on each end Stops will be installed if required. Date 8733 Bald Eagle Lane Project Name Chris & Michelle Myers Applicant Name Pd,Mei Gt)zie"ipAgent for Applicant Signature RECEIVED OCT 01 2021 ACM WILMINGTON, NC RECEIVED OCT 13 2021 DCM-MHD CITY 252.808.2808 :: 1-808-4RCOAST :: www,nccoastalmanagement.nct revised: 12/27/06 Contact Name Debbie Wilson '�••/ 1 IL.� Contact Email Address" debbiew75@charter.nel Project Owner' Chris 8 Mchelle Myers Project Name r 8733 Bald Eagle Lane Project County' New Hanover Owner Address: Street Address 8733 Bald Eagle Lane Address une 2 Cry Stale I Rcv x Rxjnt Wilmington NC rts4^/ / 74, QTin O.x"ry 28411 USA Is this a transportation project?* r Yes r• No Type(s) of approval sought from the DWR: R 401 Water Quality Certification - Regular I— Individual Permit W Shoreline Stabilization r 401 Water Quality Certification - Express r Modification Does this project have an existing project IDN? r Yes n No Do you know the name of the staff member you would like to request a meeting with? Holley Snider RECEIVED Please give a brief project description below and Include location information. Install a new vinyl bulkhead 2' waterward of existing bulkhead OCT 0, 1 iQZ 1 resulting in 208 sq.ft. of wetland fill. Also repave existing docking facility and install a newpier, covered platform, floating dock and 2 CCM WII.MINGPO boallifts. N� NC By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: 'CEIVED This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certifi Rule. catjQ� 13 202I UU LL 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. DCM-MHD CITY 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" VOID Submittal Date 8/30/2021 RECEIVED OCT 13 2021 DCM-MHD CITY RecENEb OCT 01 ''C7I OCM WILMINr.,.rON. NC U Existing Float , Existing Platform = Slip Numbers Q = Water Depths Relative to NLW pev I7cw1 St+e ViS ct,. 1v / o 1 D6 a \ N� btn 11�IneCX wtiS Fo uticl _ \L C Boatlift Lace of a CID c X W Proposed Structures f" Futch Creek Q 2.9 14' , 42' 8 15 3etbackk t14 Q� 8 Kayak -NLW_ Launch/ i I Ilk y y ` %k Marsh T 11 2.6 Est 14'1.s'r 14' ® ser tbacK I i` I r voiD Pier Head Alignment/Edge of Channely `— r E) 801. A Existing Existing Platform \v Izuy� of Ma NMI IV r -ham I tjr Coastal/404 Wetlands HW of Shore i H r P oposed Bulkhe d CoastaU404 Wetlands Top Of 2' Waterward an Existing Bulkhead;% 20' 20 Tie -back Area Erling & Alice Anderson 8729 Bald Eagle Lane Existing Open Deck 4hris & Michelle Myers _ 8733 Bald Faglp I aQe Marsh y Pi N ExistiAg Adjacent yf Bulkhead Kevin Thomas 8737 Bald Eagle Lane Floating Dock RECEIVED OCT 13 2021 DCM-MHD CITY RECEIVED OCT 01 2021 vi,m WILMING Chris & Michelle Myers 8733 Bald Eagle Lane Wilmington New Hanover County Drawn By: Debbie Wilson 8/14/21 Scale: 1" = 20' Sheet 3 of 4 X-Sections Existing NHW 20 Bottom Tie -back Area Contour Existing 3 Bulkhead Typical Bulkhead X-Section Proposed 14' x 14' Typical Boatlift X-Section isting Grade eadman Proposed 20' x 20' VOID ly DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 October 4, 2022 Regulatory Division Action ID No. SAW 2021-02213 Chris & Michelle Myers 8733 Bald Eagle Lane Wilmington, NC 28411 Dear Mr. & Mrs. Myers: Reference your application for a Department of the Army permit to remove an existing docking facility, construct a new docking facility and construct a new bulkhead in Futch Creek at 8733 Bald Eagle Lane, Wilmington, New Hanover County, North Carolina. The new docking facility will consist of a 6 feet by 99 feet access pier terminating at a 20 feet by 20 feet covered platform. A ramp will lead waterward to a 6 feet by 28 feet floating dock. A 14 feet by 14 feet boatlift will be located to the west of the floating dock and a 12 feet by 12 feet boatlift will be located to the east of it. Attached to the covered platform and between the platform and the floating dock will be an 8 feet by 12 feet fixed kayak launch. This docking facility will cover and shade 1,258 square feet of waters of Futch Creek. Furthermore, a new 104 feet long vinyl bulkhead with 8 feet wingwalls will also be installed at the toe of the existing bank and backfilled with clean sand. 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 910-523-1151 or email Gregory.e.currey@usace.army.mil. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Enclosures: Plans Manatee Guidelines GP 291 conditions Copies Furnished by Email (with enclosures): NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Jonathan Howell NCDEQ/DCM; Ms. Tara McPherson NCDEQ/DWR; Ms. Holley Snider NCDEQ/DCM; Mr. Cameron Luck NCDEQ/DCM; Ms. Amanda Cannon USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers USCG; BOSN3 Mr. Paul Bertram Ms. Debbie Wilson -2- Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans, dated August 14, 2021 and revised July 1, 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 (910) 772-2191. 3. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to ensure the structure and moored boats will not be damaged by wave wash. 4. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 5. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 6. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 7. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction-related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. -3- 8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found athttp://www.fws.gov/nc- es/mammal/manatee_guidelines.pdf. 9.The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 10.Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee’s discovery of the violation. T> > -2' -1' OL Iat5®cO IX±0aa CDI-cOaLJ_ EL£coa 0®`___.t----I-I,4, I_0>a0I E.gt; ®ZIaC)'Ei>---[=I- i=Q,a- 2IE£ _¢IZ Re v i s e d 7 / 1 / 2 2 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 August 8, 2022 DWR #20211495 New Hanover County Chris and Michelle Myers 8733 Bald Eagle Lane Wilmington, NC 28411 Subject: Approval of Individual 401 Water Quality Certification Myers Docking Facility and Bulkhead USACE Action ID. No. SAW 2021-02213 Dear Mr. and Mrs. Myers: Attached hereto is a copy of Certification No. WQC005043 issued to Chris and Michelle Myers dated August 8, 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)]. 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. 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. DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 2 of 9 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431- 3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact John Perry at 910-796-7341 or john.perry@ncdenr.gov if you have any questions or concerns. Sincerely, Tom Tharrington Assistant Regional Supervisor Water Quality Regional Operations Section cc: Debbie Wilson (via email) Greg Currey, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) Cameron Luck, DCM (via email) DWR 401 & Buffer Permitting Branch Electronic file DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 3 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005043 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 Chris and Michelle Myers, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on October 13,2021 and by Public Notice issued by the Division of Coastal Management on October 8, 2021. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Plan Reference Open Waters 1,090 ft2 Revised Narrative 07/01/2022 Coastal Wetland Shading 432 ft2 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. All bulkhead backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), 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. 2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace quantities. Metal products, organic materials, rock, concrete, bricks, or other non-earthen debris shall not be used. Citation: 15A NCAC 02H .0506 (b)(1)-(3) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), 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. DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 4 of 9 3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie- back systems and concrete caps, shall be managed in a manner that prevents contact with waters of the State. A dry work area shall be maintained to prevent direct contact between curing concrete and adjacent surface water. Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured, treated, and disposed of properly. 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: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious substances, or other material shall not be present in amounts that cause adverse impacts on existing wetland uses. 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 .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 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 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule [including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 5 of 9 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. 7. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be dredged to a depth deeper than the receiving water. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 8. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 6 of 9 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 7 of 9 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 12. 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 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 13. All 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 of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 8 of 9 14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 15. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 16. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 17. 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 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. DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Chris and Michelle Myers DWR# 20211495 Individual Certification #WQC005043 Page 9 of 9 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 8th day of August 2022 Sincerely, Tom Tharrington Assistant Regional Supervisor Water Quality Regional Operations Section DocuSign Envelope ID: FC29BA03-3C99-4B49-8A67-C41FE108B3C8 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2022 Expiration Date: December 31, 2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT (RGP) A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP. Operating Procedures a. Applications for joint state and federal authorization under this programmatic RGP will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the U.S., including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional RGP or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP orNWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation, and guidance. e. This RGP does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this RGP process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this RGP will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this RGP until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the RGP have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This RGP will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this RGP or any Corps approved modification to this RGP, no excavation, fill or mechanized land-clearing activities shall take place, at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the North Carolina Division of Water Resources. e. The Permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). f. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause umeasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The Permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the US to its former conditions. i. This RGP does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The Permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging, or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. k. The Permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This RGP does not grant any property rights or exclusive privileges. m. This RGP does not authorize any injury to the property or rights of others. n. This RGP does not authorize the interference with any existing or proposed federal project. o. In issuing this RGP, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this RGP. ( 4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this RGP. p. Authorization provided by this RGP may be modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this RGP shall be five (5) years unless subject to modification, suspension, or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This RGP does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by this RGP, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. Endangered Species. (1) No activity is authorized under this RGP which is likely to jeopardize the continued existence of a threatened or endangered species directly or indirectly or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under this RGP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (2) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA consultation is necessary. (3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (USFWS) or NMFS, the District Engineer may add species-specific endangered species conditions to the RGP verification letter for a project. ( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. (5) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below, or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. The Raleigh USFWS Office covers all NC counties east of, and including, Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 (6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the Permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PB Os), which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO, where a take of the federally listed species occurs, would constitute an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply to a project, the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. (7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps and the U.S. Fish and Wildlife Service. See http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency- Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal agency is the lead federal agency for a project in the western 41 counties, procedures for satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will not be applicable for consideration under the SLOPES; however, information that demonstrates the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s") will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer apply/be valid. (8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf (9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an endangered or threatened species during construction, the Permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. v. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. w. The Permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the Permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. x. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the Permittee. y. It is possible that an authorized structure may be damaged by wave wash from passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The Permittee will not hold the United States liable for any such damage. z. Structures and their attendant utilities, authorized by this RGP, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. aa. The Permittee must maintain any structure or work authorized by this RGP in good condition and in conformance with the terms and conditions of this RGP. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this RGP will automatically transfer this RGP to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inform any subsequent owner of all activities undertaken under the authority of this RGP and provide the subsequent owner with a copy of the terms and conditions of this RGP. bb. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. cc. Except as authorized by this RGP or any Corps approved modification to this RGP, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. dd Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ee. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~-------;? rt---ffr--.-/A ___ - ,,/ ~ . ,, _/q~ __ /· ' ,,.,,....,,, HeF~fam1nA. Bennett Colonel, U.S. Army District Commander United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee’s principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measures will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1 The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 2 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252- 728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252- 448-1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field Office. 7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 02/2017): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 3 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re- evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.