97-22 Meyers, Chris & Michelle

Permit 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 [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.

DCM Coordinator: 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 [e-mail]
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
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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 [e-mail] 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
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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

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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[[e-mail] 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: [phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
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: [phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE 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: [phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY:
PRINT
AGENCY
This agency has no objection to the project as proposed.
"Additional comments may be attached"
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: [phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_X_This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated: See attached.
This agency objects to the project for reasons described in the attached
comments. 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: [phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: ✓ This agency has no objection to the project as proposed.
"Additional comments may be attached*"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
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:[phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME 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: [phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"`
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME 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: [phone] • Fax: [phone]

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 [phone] or [e-mail] 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
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Green Card? Signed Form? Obj Waive 15'
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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
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Including Conditions
and Notes
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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
[e-mail]
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®[e-mail] 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 -
[phone]

0
October 13, 2021
[e-mail]
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, [phone] (Tara MacPherson)
or [phone] (Katharine Elks) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to 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
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Tracking History
September 9, 2021
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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
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Erling & Alice And erson
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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: [phone] (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 [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT 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' <[e-mail]>
To: "[e-mail]" <[e-mail]>, "[e-mail]"
<debb iew75 @ch arter. net>
Cc: "Alice Anderson' <[e-mail]>, "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 [phone] f Fax [phone]
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

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.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 [e-mail].
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: [e-mail]
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 [e-mail]
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: [e-mail] <[e-mail]>
Sent: Friday, July 22, 2022 12:59 PM
To: Luck, Cameron A <[e-mail]>; Harding, Kimberlee k <[e-mail]>; Perry, John
M <[e-mail]>; Dunn, Maria T. <[e-mail]>
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 [phone] 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"
[e-mail]
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 [phone] or email [e-mail].

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 [phone].

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

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

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

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

-3-

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

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

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

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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 [e-mail] 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: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~-------;? rt---ffr--.-/A ___ -
,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

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

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

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

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