95-22 Simpson, Phillip & Kelly

Permit Class
NEW
Permit Number
95-22
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 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Phillip and Kelly Simpson 2215 Haigler Baucom Road, Monroe, NC 28110
Authorizing development in Brunswick County at adi. to AIWW. at 1608 West Yacht Drive in
Oak Island , as requested in the permittee's application dated 1/29/22 (MP-1, MP-4) including work plan
drawings (4) Sheet 1 of 4 dated "Received 3/8/22" and Sheets 2-4 of 4 dated 12/31/21.
This permit, issued on September 13, 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 docks, pier, covered platform, boatlifts, and other structures and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
2) This permit authorizes a maximum of 3 formalized boat slips.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
September 13, 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

Phillip and Kelly Simpson Permit No. 95-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established pier -head line.
4) Should the eastern lot be sold prior to the initiation of construction of the docking facility, the owners
shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner's riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.
5) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent western property owner's area of riparian access.
6) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
7) Any portion of the permitted access piers and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.
8) 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.
9) 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.
10) The roof of each covered platform shall not be designed for second story use.
11) 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.
12) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Sedimentation and Erosion Control
13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
14) 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.

Phillip and Kelly Simpson
ADDITIONAL CONDITIONS
General
Permit No. 95-22
Page 3 of 3
15) 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.
16) 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.
17) 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 General Water
Quality Certification 4497 and assigned the project DWR Project No. 2022-0837.
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 $250 was received by DCM for this project.

DCM Coordinator: Lvok—
Permit #:
MAILING DISTRIBUTION SHEET
Permittee: �k %je 5,�ir 1221 5e ix v� �. ✓�a^�c� �1G 2S lld
Agents:
DCM Field Offices
Elizabeth City
Washington `{ . A wvko (with revised work plan drawings)
Morehead City
Wilmingt6n (OBJECTIONS )
US ACOE Offices:
T^�r
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 Pullinger — 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 (fender, 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

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Phillip and Kelly Simpson
PROJECT NAME:1608 West Yacht Drive
COUNTY: Brunswick
LOCATION OF PROJECT:1608 West Yacht Dr., adj to AIWW in Oak Island
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-31-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW: RECEIVED
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 6-24-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 8-14-22
FEE REC'D: S2SON1002
JUN 2 0 2022
END OF NOTICE DATE: 7-15-22 DCM-MHD CITY
DEED REC'D: Yes
150 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 6-20-22 STATE DUE DATE: 7-15-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
,z
DCM—LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
26
J
/�
1, 7
; t `�°I' 167W
DWR— Public Water Supply
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
15
Wildlife Resources Commission
/
yr
DMF — Shellfish Section
6
DMF — Habitat & Enhancement
DNCR —Archives & History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
II

DCM Coordinator: Cameron Luck
County:
MAI
Permit #: I '15Y
WIR1O, E-MAIL DISTRIBUTION SHEET 1
Circle o e: Bio RepoPermit for:
Oversize
PIJ
DCM Offices:
Morehead City: PT (if oversize) via Courier VOL-- /
'cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet _✓
'MHC documents (Cam & Amanda)
✓Wilmington: Original hard -copy _
ONLY USACE & DWR (W6o): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: er & Carteret Co): PN, CL, Reports, Split Sheet
use both r [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
�eg Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
�-401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet _
Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
DCM PlannerlWlRO:
,k�it Harding
"Mi a Christenbury
Cultural Resources:
�ftenee Gledhill -Earley Environmental.Review(&-ncdenrnov_
Natural Heritage Prog.
YQooddney Butler_
DCA-Rural Eco. Dow
NC DOT:
�Nl�ark Ziegler
1.David Harris
Wildlife Resources:
_
%,4/ria Dunn w/Reports
State Property Office:
Walton: DEED
Moser
illrda
Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
my Humphrey (Bio) /
on Gupton, Admin. _
DEMLR:
"Cf}ristine Hall - Stormwater Section _
an Sams - Land Quality Section
Public Water Supply:
eidi Cox
City of Wilmington:
I hr r q _�
Enforcement:
4field��Rep: v� "n
'
Co. LPO LY 'y 1 yD YA Yr
Agent:
DISTRIBUTED: /"
RECEIVED
JUN 2. 0 MO
DCM-MHD CITY
Updated 2/2.W2 CAMA/Shaun majors docs/e'Agency List

RECOMMENDA TIONS FOR 1608 West Yacht Drive
The total area of floating dock and platform was calculated as follows:
Shoreline length = 61 ft. x 8 ft. = 488 sq. ft. allowable
Pier = 207 ft. x 6 ft. =1242 SF_ (credit)
Gazebo= 16 ft. x 16 ft. =256 SF.
Boatlift= 14 ft. x 14 ft. = 196 SF (credit)
PWC lift-- 12ft. x 12 ft. =144 SF (credit _
Finger Pier— 6' x 12' = 72 SF
Floating dock = 16 ft. by 8 ft. =128
Total Counted sq. ft. = 456 SF
The proposed development would provide docking space for two vessels and two jet skis for a total of four
vessels. The proposed docking facility would extend approximately 80' into the waterbody, which measures
approximately 430' across. As proposed, the project would be CONSISTENT with the use standards set forth in
NCAC 07H .0208, including the docking facility length limitations, the eight square -foot shading rule. The
docking facility would encroach into the eastern 15ft. riparian setback, but a waiver has been obtained. The
docking facility would be located entirely over open water and would be approximately 51' landward of the
Federal Channel Setback.
Due to questions over the alignment of existing piers in the area and those alignments implications for the
riparian corridor for the property, a survey is recommended prior to construction.
RECEIVED
127 Cardinal Drive Ext., Wilmington, NC 28405 JUN 2 0 2022
Phone: [phone]FAX: [phone]Internet: www.rccoastaimanagement.net DCM-MHD
CITY
4n EQuaI ODWnu+iry4fimaAve 4cMn Employer

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 20, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Cameron. luckONCDEN R.00v
SUBJECT: CAMA
Applicant: Phillip and Kelly Simpson
Project Location: 1606 West Yacht Dr., adjacent to the A1WW in Oak Island, Brunswick County
Proposed Project: The applicant proposes to construct a new private docking facility with two (2)
formalized slips and an additional lift to accommodate two (2) PWC's for a total of
four(4)vessels.
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 July 15, 2022. If you have any questions
regarding the proposed project, contact Patrick Amico 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 M A e 1. Z z 15 1 -L "
AGENCY AJ Xpi . o 74 lti rNiYI ryu
SIGNATURE Aj'K r 1C �- 2 ) 5 / p f DATE
a FQ
North Carolina Department of Environmental Quality I DivlslonofCoastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

MEMO
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Phillip and Kelly
Simpson, Oak Island, Brunswick County
Date: September 13, 2022
Consistency Determination:
This project is consistent with the Oak Island Land Use Plan Update.
The applicant proposes to construct a new private docking facility with two formalized
slips and an additional lift to accommodate 2 PWCs fora total of four vessels. The
project is located at 1608 West Yacht Drive, adjacent to the AIWW, Oak Island,
Brunswick County.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, CW, and
PTA.
Waters at the project site are classified as SA and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Town of Oak Island Land Use
Plan and offer the following comments.
The general area of the project is classified Single -Family Residential.
In general, the Town of Oak Island allows development in Single-family residential
classified AECs which is consistent with the State's minimum use standards. The Town
of Oak Island Land Use Plan contains some policies, which exceed the State's minimum
use standards. However, none of these standards appear to be applicable to this proposal.
Provided all local, state and federal requirements can be met, this project appears to
be consistent with the Town of Oak Island Land Use Plan.
Cc: File

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 20, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.l u ck(a) N CDEN R.9 ov
SUBJECT:.. CAMA
Applicant: Phillip and Kelly Simpson
Project Location: 1608 West Yacht Dr., adjacent to the AIWW in Oak Island, Brunswick County
Proposed Project: - The applicant proposes to construct a new private docking facility with two (2)
formalized slips and an additional lift to accommodate two (2) PWC's for a total of
four (4) vessels.
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 July 15, 2022. If you have any questions
regarding the proposed project, contact Patrick Amico 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 1,
comments. RECEIVE
E
PRINT NAME Shannon Jenkins
JUL O b 2012
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality MP SECTION
13CMM MHD UTl'
SIGNATURE ii��for Shannon Jenkins DATE 06/29/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
na�wm�u.uo�.ua�w�
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmentat Quallty
DATE: July 22, 2022
FROM: Holley Snider IfS
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20220837
No Written Approval Required
PROJECT LOCATION: 1608 West Yacht Drive, Oak Island, Brunswick County
Simpson Docking Facility
PROPOSED PROJECT: Expansion of an existing docking facility to provide mooring for four (4) vessels
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request completed May 31, 2022 and received by this office on June 20, 2022. The waters of the
Atlantic Intracoastal Waterway are classified as SA by the Division of Water Resources (DWR).
In accordance with the attached General Certification #4497 (GC 4497), the impacts described in
your application do not require written authorization to utilize GC 4497. However, you are required
to follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(but not limited to erosion and sedimentation control regulations and state stormwater
requirements before you proceed with your project). Also, the approval to proceed with your
proposed impacts to waters a depicted in your application shall expire upon expiration of the 404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com or by
calling the OAH Clerk's Office at [phone] for information.
RECEIVED
JUL 262M
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental
ironental Quality I Division of Water Resources
ce®E 127 Cardinal Drive Ext. Wilmington, Noah Carolina 28405-5406
noma,oun O.��//910.796.7215
R4��M4MwmeNlM\ /_

DocuSlgn Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9
STATE OF NORTH CAROLINA .
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4497
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL
GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES)
Water Quality Certification Number 4497 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Regional General Permit 197800056.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter
set forth. '
for
Effective date: January 3, 2022
Signed this day: October 28, 2021
0
E DocuSigned by -
Pop kf
S. Daniel Smith
Director
RECEIVED
JUL 262022
MP SECTION
DCM MHD CITY

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"�' .Hine 20 2022'
'1' &M0/2%tNDt111f
FROM Cameron Luck, Assistant Mejor.Pern�ts Coordinator
NCb Q .9ivision'of Coastal Manag@nient y
400 Commerce Avenue ,Morehead City NC`3855T
Fax[phone] (Couher 11 12 Otis r
s cameiron Iuckti�CDENR cov ?
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Apilicant Phrlllp and Kelly Simpson
Project Location. 1;608 West. t Drt�ed/scent to the AIINW to Qak jstand Hrunswlok Coun y,.
Ftroposed FtroJect The applicant Proposss.to consfryct a new ppvate docking facilitywith two (2)
formalized "slips and an addiRional;_lift to' accommotlate two (2) PW�'s for a total of
four (q) ves'se(a.
-. ,.
M. .
Piease mdicafe beloiN:your agency's posibOn 1hr viewpoint qqp the proposed project and
x
aefurn this fdim to Cameron Lueket the address abof a by Only 15; 20' 2 'Ifybu have any questions
7agarding thepfopoaed.pieject,* ontact Patrick Armco af'[phone] when appropriate ;in 7Jepth'. K
comments with sup'pgrting data is'requested
REPLY This agency; lies no otijectiod to the projeetasproposed, .
AdditiofiaP`commenfsinaybettachetl"
r ':
X This agency has no comment on the proposed project „
This agency approves of the project only if the recommended changes
r< K
ate incorporated See attached. ` Y
This agency opjects to the project for reasons described in `the attached
comments. Memo Attached
I:
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_State Pir ertj3f Offka
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July 1S ZO22:.
North Caroli4bepartmentarF]tvhonmeotalQea9fr I UlvtslonarLoaata{Managament
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State. Property Office.
Tim W01 on I Direictor
N.C* DOA
oepaft'W.Ont of Administration
July 15, 2022
TO: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-69)
cameron.lucknaNCDENR.aov
FROM: Wanda Hilliard
Real Property Agent
Department of Administration
Applicant: Phillip and Kelly Simpson
Roy Cpaper f 0overaor
Pamela B, Caehwell I Secretary.
Project Location: 1608 West Yacht Dr., adjacent to the AIWW in Oak Island, Brunswick County
Proposed Project: The applicant proposes to construct anew private docking facilitywith two (2)
formalized slips and an additional lift to accommodate two (2) PWC's for a total of
four (4) vessels.
Please confirm that the facilities are not located within the I000'USACE AIW W easement area.
If not, then the State Property Office has no comment on the proposed project.
Mailing,
1321 Mail Service Center
Raleigh, NC 27499.1321
•�ar;�j
Lermtlon
116 West Janes St, I Releigb, NC'. 27603
984.236.-0270 T

ROY COOPER
Gommor
ELIZABETH S. B1SER
8ecremry
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
June 20, 2022
LZ2.o4.2j.ul
MEMORANDUM.'
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)
cam eron.luckONCDE NR.gov
SUBJECT: CAMA
Applicant: Phillip and Kelly Simpson
Project Location: 1608 West Yacht Dr., adjacent to the AIWW in Oak Island, Brunswick County
Proposed Project: The applicant proposes to construct a new private'docking facility with two (2)
formalized slips and an additional lift to accommodate two (2) PWC's for a total of
four (4) vessels.
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 July 15, 2022. If you have any questions
regarding the proposed project, contact Patrick Amico 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""
VThis 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 MC z T, i>nn RECEIVED
J'.!L. 14 i:, (L
AGENCY V�
MP SECTION
DCM MHD CRY
SIGNATURE DATE
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 20, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.gov
SUBJECT: LAMA,
Applicant: Phillip and Kelly Simpson
Project Location: 1608 West Yacht Dr., adjacent to the AIWW in Oak Island, Brunswick County
Proposed Project: The applicant proposes to construct a new private docking facility with two (2)
formalized slips and an additional lift to accommodate two (2) PWC's for a total of
four (4) vessels.
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 July 15, 2022. If you have any questions
regarding the proposed project, contact Patrick Amico 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.
-RINT NAME
�.. i
i
AGENCY NCDMF
SIGNATURE K4X6"AZ �� DATE
07/19/2022
o��mivaon�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 20, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(D. NCDEN R. gov
SUBJECT: CAMA
Applicant: Phillip and Kelly Simpson
Project Location: 1606 West Yacht Dr., adjacent to the AIWW in Oak Island, Brunswick County
Proposed Project: The applicant proposes to construct a new private docking facility with two (2)
formalized slips and an additional lift to accommodate two (2) PWC's for a total of
four (4) vessels.
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 July 15, 2022, If you have any questions
regarding the proposed project, contact Patrick Amico 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
SIGNATURE
Public Water Supply
&a,.
DATE
6/27/22
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01419 County: Brunswick U.S.G.S. Quad: NC-Lockwoods Folly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee
Address:
Telephone Number
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
Phillip and Kelly Simpson
2215 Haieler Baucom Road
Monroe, NC 28110
704-363-1364
ksim pson79Aca ro lina. rr.com
0.35 acres
Atlantic Intracoastal Waterway
03040208
Nearest Town Oak Island
River Basin Lower Pee Dee
Coordinates Latitude:33.927165
Longitude:-78.176346
Location description: The project site is adincent to the Atlantic Intracoastal Waterway (AIWW) at 1608 West Yacht Drive in
Oak Island, Brunswick County, North Carolina.
Description of projects area and activity:
Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North
Carolina Division of Coastal Management (DCM) prior to commencing any work on this project.
Applicable Law(s): El Section 404 (Clean Water Act, 33 USC 1344)
0 Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit: 197800056 with the following Special Condition.
Special Condition 1: 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 http://www.fws.izov/nc-es/mammal/manatee euidelines.ndf
SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 1/29/2022, and the enclosed plans including the Lot Survey (lof 4), received date
3/8/2022 Existing Conditions Proposed Conditions and X-Section (pages 2 through 4) dated 12/31/2022 and revised on
4/25/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration datl2/31/2026e identified below, the nationwide and/or
regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve
months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary
authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Katharine Elks at [phone]or katharine.b.elks(ausace.army.mil.
g ry Katharine Elks Digitally signed by Katharine Elks
CorpsRe Regulatory Official: Date: 2022.09.19 15:43:33 -04'00' Date:9119/2022
Expiration Date of Verification: 12/31/2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/Pp=136:4:0
Copy famished:
Debbie Wilson (Agent
Patrick Amico (NC DCM)
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2022-01419 County: Brunswick
Permittee: Phillip and Kelly Simpson
Project Name: Simpson Oak Island Docking Facility
Date Verification Issued: 9/19/2022
Project Manager: Katharine Elks
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Katharine Elks
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Phillip and Kelly Simpson c/o Debbie Wilson
2. LOCATION OF PROJECT SITE: 1608 West Yacht Drive, adjacent to the AI W W, in Oak Island, Brunswick
County.
Lat: 33.927165°N Long:-78.176346°W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 2/23/22 & 3/24/22
Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received — 3/8/22 DCM Complete - 5/31/22
Pre -file Date: N/A
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Brunswick County
Land Classification from LUP —Residential
(B) AEC(s) Involved: PTA, EW, CW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment:Existing — N/A
Planned — N/A
(F) Typp of Structures: Existing — SFR permitted (pilings driven at time of report), bulkhead permitted (not
yet constructed)
Planned — 2 slip docking facility with jet ski lift to accommodate 2 PWCs
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
660 sq. ft.
(A) Vegetated Wetlands (Coastal
(shaded)
Wetlands)
(B) Non -Vegetated Wetlands
1 186 sq. ft.
(Open water
(incorporated)
(C) Other (High ground)
(D) Total Area Disturbed: 1,846 sq. ft. (.04 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to construct a new private docking facility with two formalized
slips and an additional lift to accommodate 2 PWCs for a total of four vessels.
127 Cardinal Drive Ext„ Wilmington. NC 28405 RECEIVED
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50%Recycled \10% Post Consumer Paper JUN 2 0 2022
DCM-MHD CITY

Simpson Docking Facility
Page Two
9. PROJECT
The project site is located at 1608 West Yacht Drive adjacent to the AI W W, near Oak Island, Brunswick County.
To find the project site, travel south (from Wilmington) on US 74W and Highway US 17S until you reach NC-
906. Turn left onto NC-906 S and travel approximately 1 I miles before turning right onto West Oak Island Drive.
Continue traveling 1.0 miles and take a right onto NW 161" street, travel 0.3 miles and then turn left at the
intersection with West Yacht Drive. The subject property, which is a vacant lot, will be on the right hand side.
The site is approximately 0.36 acres and is vegetated primarily with pine trees and maritime shrubs which
transitions into Section 404 wetland and Coastal Wetland areas. Minor Permit # OI 22-1 was issued for
construction of a single-family residence; at the time of this report only pilings have been installed for the home
and construction is underway. The applicant plans to construct a bulkhead (GP 85718, issued 3/28/22) landward
of the wetlands, however construction on the bulkhead has not started. The project site has approximately 61 ft.
of shoreline frontage along the AI W W. The Section 404 wetlands evaluated on site by USACE are considered a
joint line with the Coastal wetlands delineated by DCM. The Coastal wetlands consist primarily of Black
Needlerush (Juncur Romerianus), and Smooth Cordgrass (Spartina a/terniflora) measuring approximately 130 ft.
in width to the edge of marsh.
The Brunswick County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIW W
are classified SA by the Division of Water Resources. This area is NOT designated as a Primary Nursery Area
(PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a new private docking facility with two formalized slips and an additional lift
to accommodate 2 PWCs for a total of four vessels. According to the application, a pier measuring approximately
207ft. long by 6 ft. wide would extend into the AI W W from the high ground of the property. The pier would
cross approximately 110 linear feet of coastal wetland area and would extend approximately 65 feet from the edge
of marsh. The pier would terminate in a fixed T-head gazebo measuring 16 ft. long by 16 ft. wide, extending to
the north. Landward of the terminus, a proposed fixed finger pier (6' x IT) would extend to the west -parallel to
the shoreline, providing access for a gangway leading down to a floating dock (8' x 16') serving as slip 1. This
would extend to the north, parallel with the orientation of the pier. Immediately east of the gazebo a boat lift (14'
x 14') is proposed (slip 2) in water depths measuring approximately -2.0' at NLW. Opposite of the fixed finger
pier and landward of the proposed boatlift, the applicant is proposing an additional double bunk jet ski lift,
extending to the east, to accommodate 2 personal watercraft jet skis (See Sheets 3 and 4 of 4).
According to the work plan drawings, the applicant's proposal is located within their riparian corridor, would be
landward of the USACE Federal Channel Setback and within'/4 of the width of the waterbody. The proposed
boat lift on the eastern side of the docking facility would encroach approximately 8' into the riparian corridor
setback to the east, however the appropriate waiver has been obtained.
10. ANTICIPATED IMPACTS
The proposed docking facility, would result in the incorporation of 1186 sq. ft. of Estuarine Waters and Pubic
Trust Area and the shading of 660 sq. ft of Coastal Wetlands Areas. The proposed structure extends a maximum
of 80 ft. into the waterbody which measures approximately 430 ft. across. This distance conforms to the pierhead
line, '/4 width and the USACE Federal Channel Setback. The new docking facility would be located in water
depths of approximately 2' at NLW_This area is not designated as PNA. Minor increases in turbidity should be
expected during construction. RECEIVED
Submitted by: Patrick Amico Date: 6/17122 Office: Wilmington
JUN 2 0 2022
DCM-MHD CITY

Narrative
As the acting agent for Phillip and Kelly Simpson who owns 1608 W. Yacht Drive, Oak Island in
Brunswick County, I am submitting the enclosed CAMA Major Permit Application for the
installation of a new pier, platform, boatlifts, and floating dock. A new 6' x 207' pier will extend
waterward and terminate in a 16' x 16' covered platform and located on the eastern side of this
platform will be a 14' x 14' boatlift. This boatlift will encroach approx. 8' into the 15' riparian
corridor setback to the east. On the western side will be an 8' x 16' floating dock. The floating
dock will be accessed via a 3' x 16' ramp which will extend from a 6' x 12' elevated fixed finger
pier that will be located approx. 12' landward of the covered platform on the western side of the
pier. Located on the eastern side of the access pier and approx. 8' landward of the covered platform
will be a 12' x 12' double bunk jet ski lift. This docking facility will create a 3-slip docking facility
within water depths ranging from -18" @ NLW in the area of the jet ski lift to -2' @ NLW in the
location of the floating dock and boatlift. The structures will not encroach into the adjacent 15'
riparian corridor setback to the west nor exceed the existing pier -head line. The 14' x 14' boatlift
will encroach approx. 8' into the 15' riparian corridor setback to the east (Earle Koontz property),
however, a waiver has been obtained and is included in this submittal.
• The project proponent hereby certifies that all information contained herein is true, accurate,
and complete to the best of my knowledge and belief.
• The project proponent hereby requests that the certifying authority review and take action on
this CWA 401 certification request within the applicable reasonable period oftime.
Please feel free to contact me if you have any questions. Thank you.
RECEIVED
JUN 2 0 2022
DCM-MHD CITY
li',Y :31 10Z2
IIC,;M WII.MINGTON, NC:

gcMlrM
APPLICATION for
Major Development Permit
put nviaed 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant(Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name
Phillip
MI
Last Name
Simpson
Applicant 2: Fist Name
Kelly
MI
Last Name
Simpson
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
2215 Hai ler Baucom Road
PO Box
I I
City
onroe
state
NC
ZIP
28110-1401
Country
1 USA
Phone No.
704 " 363 -1364
FAX No.
Street Address (if different from above)
City
Stale
ZIP
Email
ksim son79 carolina.mcom
2. Agent/Contractor Information
Business Name
Mcontractor 1: First Name
Debbie
MI
Last Name
Wilson
AgenV Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
16275
city
Wilmington
State
NC
ZIP
28408
Phone No. 1
910 - 612 " 0402 ext.
Phone No. 2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
state
ZIP
Email
debbiew75(ftharter.net
<Form continues on back>
FlECEIVED
EIVED
MAY 31 2011. JUN 2 0 2022
252-e0e-2606 :: 1-e8e-48COAST :: www.nccoastaimanl)` M W�AbTCRtrMHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. N
Brunswick
1608 W. Yacht Drive
Subdivision Name City
State
Zip
Oak Island
NC
28465
Phone No.
Lot No.(s) (if many, attach additional page with list)
704' 363 -1364 ext-
'
a. In which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
Cal2e Fear
AI WW
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
AIVWV
a. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning Jurisdiction or city Iimil the proposed
®Yes ❑No
work falls within.
Oak Island
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.fl.)
70'
15,341.9
c.
Size of individual lolls)
d. Approximate elevation of (reel above NHW (normal high water) or
(1 35 res
NWL (normal water level)
(ITmany7of s(zes, please attach additional page with a list)
2' to $r ®NHW or ❑NWL
e.
Vegetation on tract
Coastal and 404 Wetlands, Wax Myrtles, Oak and Pine Trees.
I.
Man-made features and uses now on tract
None, vacant lot.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
Residential
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate. if applicable)
Residential R-6
®Yea ❑No ❑NA
J.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ONO RECE
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yee ONO ❑NA
J U N 2
If yea, by wham?
1.
Is the proposed project located In a National Registered Historic District or does It involve a ❑Yes ONO ❑NA DCM-M
National Register listed or eligible property?
<Form continues on next page>
qPCEIVED
,V,AY 31262..'2
VED
2022
D CITY
252.800.2808 :: 1-88e-4RCOAST :: www.nccoastalmnnage,4y4U.UfiMING'('ON, NC

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ®Yes ❑No
(if) Are there coastal wetlands on the site? ®Yes ❑No
(III) If yes to either (1) or (11) above, has a delineation been conducted? ®Yes []No
(Attach documentation, if available) See Site Plan
n. Describe existing wastewater treatment facilities.
None
o. Describe existing drinking water supply source.
None
p. Describe existing storm water management or treatment systems.
None
& Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliGGovemment
®Prtvate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Private residential.
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 bob -cat, backhoe, barge mounted pile driver.
d. List all development activities you propose.
Private pier, covered platform, boatlifts, floating dock and bulkhead.
9. Are the proposed activities maintenance of an existing project, new work, or both?
New
f. Whet Is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres
3,362
g. Will the proposed project encroach on any public easement, public acoessway, or other area []Yes ®No ❑NA
that the public has established use o47
h. Describe location and type of existing and proposed discharges to waters of the state.
None proposed.
I. Will wastewater or stornwater be discharged Into a wetland? ❑Yes IgNo ❑NA (�
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No CMNA
J. Is there any mitigation proposed? ❑Yes [:)No ®NA
If yes, attach a mitigation proposal.
<Form continues on back> HFCFIVkr)
MAY 31 2022
IVIED
2 0 2022
HD CITY
252.008.2808 :: 1.888.4RCOAST :: www.nccoastalmana8emant.net
DCM WILMINGTON, NC

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
B. Additional Information
In addition to this completed applketlon form, (MP-1) the fclowkrg Items below, If applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
Instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sedlonal 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 calms title to the affected properties.
a. The appropriate application fee. Check or money order made payable to DENR.
1. 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 mall. 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 Earle Koontz Phone No.
Address 528 Sarazen Way, Salisbury, NC 28144-8426
Name Town of Oak Island Phone No.
Address 4601 E. Oak Island Drive, Oak Island, NC 28465
Name Michael & Rianne Bell Phone No.
Address
P. 0. Box 282. Indian Trail- NC 28079
g. A list of previous elate or federal permits issued for work on the project Iract include permit numbers, permides, and Issuing dates.
CAMA_Minor Permit # OI 22-1 issued to Phillip & Kelly Simpson on 1 /26/22 for single family residence
CAMA GP #85718-D issued to Phillip 8 kel(y Simpson on 312822 for the installation of a Bulkhead
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, If necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). If necessary. If the project Involves expenditure
of public funds or use of public lands, attach a atatemenl documenting compliance with the North Caroline Environmental Policy Act.
1 understand that any permit Issued in response to this application will allow only the development described In the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating Information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided In this application Is truthful to the best of my knowledge.
Date 1/29/22 Print Name Debbie Wilson, Agent RECEIVED
Signature Da66si dplii"
JUN 2 0 2022
Please indicate application attachments pertaining to your proposed project.
ODCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM-M H D CITY
❑DCM MP-3 Upland Development
®DCM Mill Structures Information
MAY Z 1 202.?
inn ,n,ll r NC
252-808.2808 .. 1.888-4RCOAST .. www.nccoastalmanagemont.not

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 fecllgy/madna:
❑Commerclal ❑Public/Government OPrivate/Community
c. (1) Dock(s) and/or pler(s)
III) Number 1
(III) Length 2QL
(Iv) Width 6-
iv) Floating UYes ®No
e. (1) Are Platforms included? ®Yes []No
If yes:
(it) Number 2
(111) Length 16' & 1,
(iv) Width (3' & 16'
(v) Floating ®Yes ®No
Note: Roofed areas are calculated from cidpline dimensions.
g. (1) Number of slips proposed
3
(il) Number of slips existing
_0
I. Check the proposed type of ailing:
❑ Land cut and access channel
[]Open water; dredging for been and/or channel
®Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 24'
m. (1) WIII the facility have lie pilings?
[]Yes ®No
(il) If yes number of lie pilings?
❑This section not applicable
b. (1) WIII the facility be open to the general public?
❑Yes ®No
d. (I) Are Finger Piers included? ®Yes ❑No
If yes:
(11) Number 1
(III) Length 12'
(iv) Width 6
(v)Floating []Yes ®No
f. (1) Are Boadihs Included? ®Yes []No
If yes:
(11) Number 2
(Ill) Length 14' & 12'
(iv) Width 14' & 12'
h. Check all the types of services to be provided.
❑ Full service, Including travel Ilh 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 mmp(s); number of boat ramps:
❑ Other, please describe:
J. Describe the typtGal boats lobe served (e.g., open runabout,
charter boats, sall boats, mixed types).
Own runabout & Jet skis
RECEIVED
JUN 2 0 2022
I. (i) Will the facility be open to the general public?
❑Yes ®No DCM-MHD CITY
FZFCI'IVF-.I'
MAY 31 2021
252-808-280e :: 1-118a-4RcoAST :: www.nccoastalmanagSinent.not ncm wlunll

Form DCM MP-4 (Structures, Page 2 of 4)
2. DOCKING FACIUTY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boalholding lank 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 fresh.
d. How will overboard discharge of sewage from boats be controlled?
e. (1) Give the location and number of "No Sewage Discharge" signs proposed.
(II) Give the location and number of'Pumpout Avagabie' signs proposed.
1. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
In Give the number of channel markers and 'No Wake" signs proposed.
1. 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 liveaboarddockage?
RECEIVED
k. Describe design measures that promote boat basin gushing? JUN 2 0 2022
CITY
I. If this project Is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
MAY 31 2022
.)nee ,nr n1MQT-QN Alf`
252.808.2808 :: 1-888-4RCOAST n vvww.nccoastalmanaaement.net revised: 12127/06

Form DCM MP-4 (Structures, Page 3 of 4)
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ONO
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ONO
o. Is the merinafda:king facility proposed within or adjacent to coastal wellandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)1 If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB _
OWL ❑None
p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leasshokler(s). and give the proximity to the base.
& BOATHOUSE (including covered liRa) ®This section not applicable
a. (1) Is the boathouse swcture(s):
❑Commercial ❑PublldGovernment ❑Private/Community
(ii) Number
(III) Length
QV) Width
Nola: Roofed areea are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetWUe, etc. if a rock groin, use MP-2, Excavation and Fill.) ®This section not appicable
8 (1) Number
(II) Length
(ill) Width
5. BREAKWATER (e.g., wood, sheeipi/e, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, orwatlands
c. Maximum distance beyond NHW, NWL or wetlands
5. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structuro(a):
[]Commercial ❑PubliclGovemment ❑Pdvate/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
d. Desalptlon of buoy (color, inscriptlon, size, anchor, etc.)
RECEIVED 4,1GIIVE=.1,)
MAY 3 1 2112.7
JUN 2 0 2022
N NC
252-e06-2806:: 1-88e-4RcoAST:: www.necoastalmanaaement.net -MHD CITY revised: turirots

Form ACM MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
16' to the west & 7' to the east
NOW For buoy or mooring piling, use arc of swing Including length
of vessel.
c. Width of water body
430'
e. (1) Will navigational aids be required as a result of the project?
[]Yes NNo ❑NA
(ii) If yes, explain what type and how they will be Implemented.
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at watenvard end of structure at NLW or NWL
•2' CAD NLW
8. OTHER ❑This section not applicable
a. Give complete description:
Construction of a 6' x 207' pier 16' x 16' covered platform 6' x 12' finger pier, 8' x 16' floating_
dock 14' x 14' boatlift and a 12' x 12' double bunk jet ski lift
1/29/22
Date
Simpson 1608 W. Yacht Dr.
Project Name
Debbie Wilson, Agent
Applicant Name
Applicant Signature
RECEIVED
JUN 2 0 2022
DCkl-NPHD CITY
MM 3:t 2022
0 'M VM.MINGTON. NC
252-808.2808 :: 1.888,4Rf.0A8T :: w vvalgcoastalmana8ement.net revised: 12/27100

ROY COOPER
Cot or
ELIZABE7H S. BISER
seawary
BRAXTON DAVIS
Director
Debbie Wilson
P.O. Box 16275
Wilmington, NC 28408
Dear Ms. Wilson:
NORTH CAROLINA
Environmental Quality
June 17, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Phillip and
Kelly Simpson for State approval for development of the subject property located at the at 1608 West Yacht Drive, in
Oak Island, Brunswick County. It was received as complete on May 31, 2022 and appears to be adequate for
processing at this time. The projected deadline for making a decision Is August 14, 2022. An additional 75-day
review period is provided by law when such time is necessary to complete the review. If you have not been notified
of a final action by the initial deadline 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 May 31st 2022, you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a'Notice of Permit Filing' postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where 4 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,
Patrick Ai !66
Field Representative
cc: Cameron Luck, DCM Greg Curry, USACE Holley Snider, DWR
Kim Harding, DMF Phillip and Kelly Simpson, Applicants
WiRo
RECEIVED
JUN 2 0 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality; Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Exterulon: Wilmington. North Carolina 28405
910.7g6.7215

\T()'1'IC1:
CAMA PERMIT
APPLIES FOR
Applicant proposed to construct a new
u■rr.It=qKR[61"Alfi•■CCfJJJI�' • • • • , • • •
scan
COMMENTS ACCEPTED -THROUGH Ju/y 15, 2022
APPLICANT:
Phillip & Kelly Simpson
2215 Haigler Baucom Road _Y
---NFonoe,
Agent: Debbie Wilson
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
i�gj . . • i
IW-k4i144, L\u I LiVN a lijli.i—v�si,�

0
June 20, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Phillip and Kelly Simpson
Hello: Please publish the attached Notice in the Friday, June 24, 2022 issue.
ROY COOPER
Gmawue
ELIZABETH S. BISER
Smrew'y
BRAXTON DAVIS
Ullvrmq INvlsirar nf('rurdnl M14mmgemrnl
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, do Tanya Pietile, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Contact number: 910-796-7226. (Customer No. 489895)
cc:
Thank you for your assistance in this matter.
ga
ly,L9
K. ' la
Permitting Support & Customer Assistance
MHC Files
Cameron Luck — MHC
USACE
RECEIVED
JUN 2 0 2022
Slate of North Carolina I Environmental Quality l Coastal Management
127 Cardinal Drive Gat, Wilminglon, NC 29405 919 796 7215 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 permit in Areas of Environmental
Concern as designated under the CAMA: On June 17, 2022, Phillip and Kelly Simpson proposed to construct a
new private docking facility to accommodate a total of four (4) vessels at 1608 W Yacht Dr., adjacent to the
AIWW in Oak Island, Brunswick County. Copies of these applications can be examined or copied at the office
of Patrick Amico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive
Ext., Wilmington, NC 28405, [phone] 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 July 15, 1022 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
JUN 2 0 2022
DCM-MHD CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: t `t lie i 1 i
Mailing Address: [ k c P c'v r'xa.i_I LnZ n 12ca
Phone Number:
Email Address: K J t (VI >'4"C`Yl ciy c I t nG Y Y- . ctj, )
I certify that I have authorized Debbie Wilson, Agent
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: _ 2)r e r- b t (SP
at my property located at 1608 W. Yacht Dr., Oak Island. NC ,
in Fr;u,4s,,o,ck County.
1 furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
1S C1—
�It�SL7�
I Print or ype Name
Title
l C i�l a e
Date
This certification is valid through
RECEIVED
MAR 0 8 2022
DCM WILMINGTON, NC

USPS Tracking®
Tracking Number: 70202450000075298669
Your item was delivered to an individual at the address at 11:19 am on February 3,
2022 in OAK ISLAND, NC 28465.
USPS Tracking Flues, Available
Status
Delivered, Left with Individual
February 3, 2022 at 11:19 am
OAK ISLAND, NC 28465
Tracking History
February 3, 2022, 11:19 am
Delivered, Left with Individual
OAK ISLAND, NC 28465
Your item was delivered to an individual at the address at 11:19 am on February 3, 2022 in OAK
ISLAND, NC 28465.
February 3, 2022, 2:30
Departed USPS Regions ■ Complete items 1, 2, and 3.
FAYETTEVILLE NC DIS ■ 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 space permits.
1. MUcle Addressed to:
February 2, 2022, 11:52
Arrived at USPS Region,
FAYETTEVILLE NC DIS'
February 1, 2022
In Transit to Next Facility
Town of Oak Island
c/o Steve Edwards
4601 E. Oak Island Drive
Oak Island, NC 28465
IIIIIIIIIIIIIIIIIIII II IIIIIIIIIIIIIIIIIIIIIIII
9590 9402 6667 1060 1216 80
dlNn NumMx rrrenarer Ilortt 6eIsaCB moan
7020 2450 0000 7529 8669
January 31, 2022, 9:32 F PS Form 3811. July 2020 PSN 7530-02-ODo-9053
Arrived at USPS Regional Origin Facility
CHARLESTON SC PROCESSING CENTER
RECEIVED
❑ Agent
X Q ❑ Addressee
i
B. rTeoalved by (Prfnred Name) C. Date of De1Nery
D. Is balm: 13 yes
If YES enter �
t Rem n erdelivery addresaddressm:1' ❑ No
7 Adult Slgnatlrs
Adult Signature RestrME)d Delvery
Cediged Mall®
7 Cmtilled Mall Restricted Delivery
❑ Collect on Deliwry
❑ Colloct on DO,.,y Restricted Delivery
:1 Insured Mall
-1 Insured Mall ResViged Delivery
❑ Pdorlty Mall Express®
❑ Registered Malpe
O R71ofered Mall Reslrkled
Delivery
❑ Signature Conllrmalions'
❑ Signature Confirmation
flestrked Delivery
Domestic Return Receipt
RECEIVED
MAR 0 8 2022
JUN 2 0 2022
DCM WILMINGTON, NC
DCM-111HD CITY

January 31, 2022, 4:57 pm
Departed Post Office
JOHNS ISLAND, SC 29455
January 31, 2022, 4:16 pm
Acceptance
JOHNS ISLAND, SC 29455
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailplece,
or on the front If space permits.
1. Article Addressed to;
Michael & Rianne Bell
P. 0. Box 282
Indian Trail, NC 28079
111111111111IIIIIIII II111111I111111II111111111
9590 9402 6667 10601216 97
2. Article Number (rmnsfer from service label)
7020 2450 0000 7529 8645
PS Form 3811, July 2020 PSN 7530-02-000-9053
A. Signature
X
❑ Agent
[3Addressee
B. eceived by
nfed Name)
C. Date of Delivery
D. Is delivery add
different from Item 17 13 Yes
If YES, enter
livery addr low: ❑ No -
t}.CEI�%�.�
AR 0 8 20" i
3. Service w I IIVI II � v
' 0 PdodtyMell EePress&
❑ Adult Sign ffflM
❑ Regbtered Mall'"
❑ Adult Signature Restricted Dellmy
❑ Reoletered Mail Restricted
ElCadiflad Mail&
Da vary
D CeNfled Mail Reetrlcled DeWle?
❑ Signature coniirmallw-
❑ Collect on Delivery
❑ Signatu% Confimletion
❑ Colect w Delivery Resucted DelNery
Restriclad Delvery
❑ Inaued Mall
❑ Insured Mall Restricted Delivery
(over $50D)
Domestic Return Receipt
RECEIVED
JUN 2 0 2022
DCk14AHD CITY
DECEIVED
MAR 0 8 2022
DCM WILMINGTON, NC

CE
N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/'
(Top portion to be completed by owner or their agent)
Name of Property Owner: Phillip & Kelly Simpson
Address of Property: 1608 W. Yacht Drive, Oak Island, NC
Mailing Address of Owner: 2215 Haigler Baucom Road, Monroe, NC 28110
Owner's email: ksimpson79Acarolina.rr.com Owners Phone#: [phone]
Agent's Name: Debbie Wilson Agent Phone#: [phone]
Agent's Email: debbiew75ncharter.net
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adiacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
If you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 127 Cardinal Drive EXT, Wilmington, NC 28405. DCM representatives can also be contacted at
[phone]. No response is considered the same as no objection If you have been notified by
Certified Mail.
SEE ATTACHED SITE PLAN REVISED 4/25/22
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this
does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must all the
appropriate blank below.)
I DO wish to waive some/all of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the I6' setback requirement (initial the blank) jyi
Signature of Adjacent Riparian Property Owner:
TypedfPrinted name of ARPO:
Mailing Address of ARPO:/r,tub L, Ill �LL��(61n(��✓� �� �Sl(t r LA
ARPO's email: A'Lrt-ri4SrjE ZEXk ,4t,ty—ARPO's Phone#: VC c9ep,;
Date: Z *waiver is valid to' up to one year from ARPO's Signature'
Revised MWC, IVE.1
RECEIVED
MAY 31 2022
JUN 2 0 2022
DCM WILMINGTON, INC
DCM-MHD CITY

USPS Tracking®
Track Another Package +
U
2
FAQs
Tracking Number: 70202450000075291486 Remove D
Q
s
v
Your item was delivered to an individual at the address at 1:42 pm on February 24, 2022 in SALISBURY, NCB
USPS Tracking Plus® Available u
OV Delivered, Left with Individual
February 24, 2022 at 1:42 pm
SALISBURY, NC 28144
v
Get Updates u z
0
=
v o
m
0 o
m
7020 2450 0000 7529 1486
kfAR

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Phillip & Kelly Simpson
Address of Property: 1608 W. Yacht Drive Oak Island NC
Mailing Address of owner: 2215 Hauler Baucom Road Mon=,NQ 28110
Owner's email: Ksimpson79(cDcarolina rr aom Owner's Phone#: [phone]
Agent's Name: Debbie Wilson Agent Phone#: [phone]
Agent's Email: debbiew75 charter.net_
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom Portion to be completed by the Adlacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The Individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing.
A description or drawino with dimensions must be provided with this letter.
I DO NOT have objections to this proposal 100 have objections to this proposal.
!f you have objections to what Is being proposed, you must notify the N.C. D/vislon of Coasts/
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
malted to 127 Cardinal Drive E)M Wilmington, NC 28405. DCM representatives can also be contacted at
[phone]. No response /s cons/dared the some as no objection If you have been notified by
Certified Mail.
SEE ATTACHED SITE PLAN REVISED 4/25/22
WAIVER SECTION
understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this
does not apply to bulkheads or dprap revetments). (If you wish to waive the setback, you must sign the
appropriate blank below.)
I DO wish to waive some/all of the 15' setback
-OR-
Signature of Adjacent Riparian Property Owner
1 do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner:
Typed/Printed name of ARPO: tor'Pe lrook,'t2
Mailing Address of ARPO: S,12 S �. _ , _ o.:-. S'al 1 LIrfn /v C 2 B 1 v a1
ARPO'semail: fora,too}�R3Fp-W�._ARPO'sPhone#: C-1o%02115 991r
C4r -
Date: S ab 1,;2 'waiver is valid for up to one year from ARPO's Signature -
Revised May 2021
RECEIVED
JUN 2 0 2022
DCM-;vIhID CITY

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II11111111IIII IIII II11111111111111111
BOOK:4610 PAGE:1 5/03/2Z021
P ae I of 4 00
&coda N. Clenn,au. glvnewkk COYIIW9 NC Reener of Deedl E
Brenda M Cie...., aromwldd CuentV, NC Register of Neds
05/03/202/ 13:33:42.000 NC REVENUE WAMP. $640.00
This Instrument prepared by Geddings & Mom PLLC licensed North Carolina attorneys. Delinquent
Was, If any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement
ofdosing proceeds.
Excise Tax: $ 6y0'4 ParcellD: 234FA009
BrlefDescription For The Index: L-4 B-244 S-17 PP
THIS DEED made by and between,
Ill :7:T14 1
Davenport Investments, LLC
A North Carolina Limped Liability Company
2801 Sandy Creek Church Road
Sanford, NC 27330
GRANTEE
Phillip Leon Simpson, Jr. and wife, Kelly C. Simpson
2215 Halgler Baucom Road
Monroe, NC 28110-1401
The desJymatlon 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 P 77C[ IVED
lA7TNESSETH, 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, JUN 2 0 2022
sell and convey unto the Grantee In fee simple all that certain lot or parcel of land situated
in Brunswick County, North Carolina and more particularly described in EXHIBIT A jC�_�ND CITY
attached hereto and made a part hereof.
Geddings& Kleva, PLLC
8721 East Oak Island Drive, Oak Island, North Carolina 18465
RECEIVED
MAR 0 S 2022
DCM WILMINGTON. NC
Submitted electronically by Geddings Kieva, PLLC in compliance with North Carolina statutes governing recordable documents and the
terms of the submltter agreement with the Brunswick County Register of needs.

11 11111 111 Jill 11 111 BOOK:4610 PAGE:2 33:33:40000
Page 2 0
Brenda M. CMnvnons. Brun sw k County. NC eegl ner of peed s E
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 the 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 except for the following exceptions
hereinafter stated. Title to the property hereinabove described is subject to the following
exceptions:
1- Ad valorem taxes for the current year;
2- Restrictions, easements and rights -of -way of record.
The property being conveyed is-1 is not_X— the seller's primary residence.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal.
Dave port Investments,
LLC�
IA/_ / (SEAL)
By: Mark Davenport, Men"/Manager
STATE OF N�f
COUNTY OF pl,-
1, a Notary Public in and for the State and County aforesaid certify that the following
personally appeared before me this day and being authorized to do so, acknowledged to me
that he signed the foregoing document for and in behalf of Davenport Investments, LLC
for the purpose stated therein and in the capacity indicated and I either have personal
knowledge of the Identity of the person or I have seen satisfactory evidence of identity by
current state or federal identification with the person's photograph: Mark A. Davenport.
Member/Manager.
Date: 'illy 201E
t7 , 1X01ARY
(Notary St$n3i\rAwri ; 2/
RECEIVED
JUN 2 0 2022
NOTARY PUBLIC
My Commission Expires: DCM4,1HDCITY
RECEIVED
Geddings& Kleva, PLLC MAR 08 20%.?
8721 East Oak Island Drive, Oak Island North Carolina 28465
DCM WILMINGTON. NC

BOOK:4610 PAGE:3 133;:41.00B
Pape l oa Brenda M. Clemnsons. Bnmswkk Could,. MC Reebter of Deeds E
Lot 4, Block 244, Section 17, of a subdivision of property according to a map of same by H.
M. Loughlin, R. L. S., dated the _ day of September, 1967, being known as Pinner's Point, a
section of Long Beach (now Oak Island), North Carolina, said lot having the metes, bounds
and location as shown on said map, which map is duly recorded in Book 8, Page 141, in the
Office of the Register of Deeds of Brunswick County.
For back reference see Deed recorded in Book 3376, Page 0963 of the Brunswick County
Registry.
RECEIVED
JUN 2 0 2022
DC�?-- 7-'1 CIT`
RECEIVED
MAR 08
Ceddings& Kleva, PLLC DCM WILMINGTON.
8721 East Oak Island Drive, Oak Island North Carolina 28465

fill III I II Jill III III [IIII Jill 11111111 BOOK:4610 PAGE:4 13133A221
Pape 4 0
Brenda M. Ueninions. Brvnswlak County. NC Reylste, of Deeds E
Exhibit to the Deed
AFFIDAVIT OF LIMITED LIABILITY COMPANY EXISTENCE AND AUTHORITY
Mark A. Davenport, Manager of Davenport Investments, LLC, a North Carolina Limited
Liability Company, hereby certifies and affirms the following:
1. As of the date of recording of this Instrument, Davenport Investments, LLC, A
North Carolina Limited Liability Company, continues in existence.
2. The Operating Agreement grants to Mark A. Davenport, Manager of the LLC the full
power, authority to sell, exchange, hypothecate, or otherwise dispose of any real or personal
property held by the LLC.
3. As of the date of recording of this Instrument, Mark A. Davenport is the Manager of
Davenport Investments, LLC, a North Carolina Limited Liability Company.
Dated this 141 day of
STATE OF N08TH CAROLINA
COUNTY OF
AD r
20?j_.
c�1 1 r
Mark A. Davenport, Manager
1, a Notary Public in and for the State and County aforesaid certify that the following
personally appeared before me this day and being authorized to do so, acknowledged to me that he
signed the foregoing document for and in behalf of Davenport Investments, LLC for the purpose
stated therein and in the capacity indicated and 1 either have personal knowledge of the identity of
the person or I have seen satisfactory evidence of identity by current state or federal identification
w1th the person's photograph: Mark A. Davenport Manager
Date: q/jti 10,cx--1
pORY A \ N TARY PUBLIC
My Commission Expires; RECEIVED
(Notary Sta� SeOr R y
JUN 2 0 20
DC�1-,AHD CITY
RECEIVED
MAR 0 S 2n22
DCM WILMINGTON. NG

Applicant: Y, 1 � `(�' /
Date:
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order. and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
Now Work
Replace
Main/ ❑
❑ Y N
rc
New Work
Replace
Maint ❑
❑ Y Dow
New Work
Maint ❑
Replaced
❑ Y IJ N
1
Newltiloirke
Replacee
Mart ❑
❑ Y L�f N
I
g'
8
New Work
Replace
/dd
Maint ❑
❑ Y �
I Y14
New Work
Maint ❑
Replace
❑ Y eN
I
IZ
New Work
Replete
Main/ ❑
❑ Y ❑ N
New Work
Replace
Main/ ❑
❑ 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. Fit
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
tamp impact
_
temp impacts)
impact amount
tam impacts)
amount
/I
Dredge ❑ Fill ❑ Both ❑ Other
d 60
660
�G1IW
y kk,
.fir
Dredge [IFill ❑ Bo'U Other j
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
JUN 2 0 2M
DCM-MHD C(TY
919-733-2293:: 1.888.4RCOAST :: wvrw.nccoestalmanaaement. net revised: 02:26,18

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: MWW
Fee: $ 1Z.6 p n l av z
CDAITS — MHC cc _
Applicant: �f
Agent/Contractor: t�jb
Project Site County:
Staff: PrA
District: W11mington
Project Name: it ial fry
Rover File: n7a
River Basin: ` `yv
Initial date of applica ion submittal: 2
Date application 'received as omplete' in the Field office: 3
SITE DESCRIPTIONIPERMIT INFORMATION
ORW: LJYes o I PN Yes 26o
Photos Taken: Yes jZ Nd❑
Setback Required (riparian): JTYes ❑No
Critical Habitat: 0Yes LidNo UNot Sure
15 foot waiver obtained: es ❑No
Hazard Noll on Returned:
❑Yes o
$AV: ❑Yes MiNo []Not Sure
Shell Bottom: ❑Yes LidNo ❑ Not
Temporary Impacts: LdYes ❑No
Sure
Sandbags: Yes No Not Sure
Did the land use class tion come
ONO
Mitigation Boaired (optional):
❑Yes ONo
from county LUP: L4Yes
Moratorium Conditions.
Environme Assessment Done:
Length of Shoreline:
/
❑Yes CoNo ❑NA
FT.
❑Yes RNo ❑NA
—�J—
Shellfish Area D ignation:
Project Description: (code)
Development Area: (code)
Open -or Closed
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
El High Quality Waters (HQW) ❑Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort (Salicornia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
alternifiora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
(SP) Salt/meadow grass (Spartina
roemenanus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
LZ III(A) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
El Minor Modification to a CAMA Major
Major Modification to a CAMA Major
0 IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
El Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
Express Permit - $2000
acre: 4144 can be applied - $400
El Major development extension request -
❑ II. Public or commercial/no dredge
RECEIVED
$100
and/or fill - $400
I. Private no dredge and/or fill . $250
III(C) Privpublic or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
JUN 2 0 2022
DWQ agreement - $400
DCM-MHD CITY

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
6/20/2022
Phillip Simpson Jr.
same
First
1002
$250.00
major fee, 1608 W Yacht Dr, Oak
PA rct.
National
Island BrCo NO Split
18038
Bank
a
LL
c
LLi
C
GV
Z
S
Ix
Q

Major Permit Fee Schedule
Project Name: � Y
�
County: 4 lw* i/C.
Check No & Amount: /AQ
Q50 '
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$2 0
100% ($250)
0% ($o)
excavation of any wetlands or
open water areas.
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B. C, or D below applies:
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied.
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that invokes the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:

WTHACOISTK YMTCRWAY
r,N
F6 AE WEST YACM DRNE FF
tF 66
—Z WEST OAK ISI.W D DRIVE Z
C
NOTE: THE CAMA TOTAL AREA Of ENNRONAIENTAL
CONCERN LIES BETWEEN ME MEAN MOH WATERUNE
AND THE 73' ESTUARINE SHORELINE - 8362.6 SF.
1—
tl
w
ri
PIH snmr-. a0
7?f
Bp;
ma RnT
uNE
WM MWRr.I as\
HENS
N ENTRANCE
Ew EYENT AGENCY
OAK ISLAND
c w"rouT
ZONING
4CFHLY WNAGEYEM
R-6
UNANCE LUTE WW
eem.n.e
ROOD CERTIFICATION'
I. THIS PROPERTY LIES WITHIN A F. E.MA SPECML ROOD HAZARD AREA
AE-11 AS SHORN ON F.I,R.M. 3720204600K. DATED 9/28/2018.
OENERK NOTES:
1. MEASUREMENTS ON THIS UM ARE IN FEET AND OECIMALS THEREOF.
2. ALL SET CORNERS ARE 5/6' IRON REHM UNLESS OTHERMISE NOTED,
3. THIS PROPERTY ANY SE SV&IECT TO ADpiKINLL EASEMENTS. RICHTS OF
WA1 MD RESTFUD"DMS NOT OISCERHIBLE BY OMERIr wl 1HE
TINE OF SURVEI OR THAT My BE Of RECORD. x0 TITLE SFARCII 0Y
THDIULs D. VON CARON.
REFERENCES:
1. PLAT OF PINNER'S ROW. SECTION 16, RECORDED M IMP CMINE7 6,
PAGE 141 ON 6/25/19M M THE BRUNSWICK COUNTY. NOAM LAROLINA
REGISTER Of DEEDS.
2 DEED BOOK 3376 PACE 963 RECORDED M ME BRUNSWICK COUNTY
ySIA, ^"' �CP L4 IRS
CP
CP S9 N
1
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MI
R
w
w
u�
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YI
IN
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3
75' ESTUARINE
SIIOREEME�
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6.2'3
SSCOSSCO
H 84 3EO E OE PINEM O
160$ WER,VE
`YACHT O OF E
60' PUBLIC RIGHT
GRAPHIC SCALE
RAPHICSCALEE
oOEE I Id�Io
I INCH - {O FEET
TAX PARCEL # 234FA009
LOT SURVEY
I FOR: PHILLIP SIMPSON I
LOT 4
BLOCK 244, SECTION 17
PINNER'S POINT
OAK ISLAND, SMITHVILLE TOWNSHIP
BRUNSWICK COUNTY, NORTH CAROLINA
NORTH CAROLINA REGISTER Of DEEDS.
THIS 6 TO CERnFY THAT ON JUNE 247N. 2021. I SURVEYED THE
PROPERTY SHOWN ON THIS PLAT. AND THAT THE TITLE UNES AND THE
VCS & CO., INC. C-21 60
1 YAUPON WAY
WALLS OF THE BUKONGS, If AM. ARE SHDWN HEREON. THE ANE%I Or
a FnoFKHry o
couaurwrwN .gpq-,wLi THAT NE oR r aow t'e�lao.00B.
V C S OAK ISLAND. NC
TELE. (704) 361—lbb/
EMAIL vcsbrunsco®eo.rr.Corn
If�0, VON H H L-SS 6
RECEIVED
JUN 2 0 2022
DCN1411-11) CITY
Q
Lu
LL1
U
LI
7
U
Z
Sheet I of 4

Application Review Checklist Letter A G//� 75 S11Y
` Placard Commentyl S
r�tf
Applicant 1 l.11t (e 01� �"''7' 51 nkg5o, Pub A (PZ(j Comment
�� , I Computer A
Agent 11TL t✓ rISM Deficiency Letter?
`-I DW�R/ACK 1Date ^_�/I, I- 2DWR Statements
Physical Address J D C4 IAC.1?�(j, 606 V rr^"� 7014. CO. Field Rep.
AECs f Habitat ._' Development
� CLJ Designations �0%�/Buffer
Riparian Notification? Green Card? Signed Form? Obj Waive IS' Fee Schedule 4(,
Ck,'k I Sle� X X water
Q��j � Dependent VVVV
1/ Deed? V
6-tl k I i obi-XLL Z N, ✓ X ✓r '.
Raparian rights PH or
From Property line 1/4 width?
Nav/Channel Proximity
Residential Commercial
FT2 calculations Wor 27ft' N/A
ISSUES OF NOTE
rw Twk 4-y
el.A- og- Z ='AILL-i
51 tvJo ct;-sJLs;J-- <!)rkhay.

Permit Checklist
Major Development
Excavation/Fill
Applicant
Address
Permit #
County
Physical Location including
Waterbody Description
MP Forms
MPl
MP2
MP3
MP4
# Drawings & Dates
Development Types
Including Conditions
and Notes
T,.,� u;,I)�- o� Gw
AM ccoc�w- �.
6""
9 sLvs
DWR 401 Certification #
Permit Fee
9
USACE SAW #
Additional Comments On Back
Z'`t 12/31/2

ROY COOPER
Governor
ELIZABETH S. BISER
sea ov y
BRAXTON DAVIS
Dire
June 20, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckaNCDENR.gov
SUBJECT: CAMA
Applicant: Phillip and Kelly Simpson
Project Location: 1608 West Yacht Dr., adjacent to the AIWW in Oak Island, Brunswick County
Proposed Project: The applicant proposes to construct a new private docking facility with two (2)
formalized slips and an additional lift to accommodate two (2) PWC's for a total of
four (4) vessels.
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 July 15, 2022. If you have any questions
regarding the proposed project, contact Patrick Amico 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
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
JUN 2 0 2022
DCIv14MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Ma
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
•+�++�+� 910.796.7215

Existing Conditions
f AIWW
Io
ch
0 II
O
ra
a0
d
m
Phillip & Kelly Simpson
16W W. Yacht Drive
Oak Island, Brunswick Co.
Drawn By: Debbie Wilson
12/3121 Scale: V = 30'
-Sheel,X of 4
RnvieaA dYlSl'7�
2, ok
deral Channel
co
m0 m0
mo ,yPier-head Line
Of ,S' /
—�j -2.t• setback
O =Water Depths SethackJ -z.r
Relative To NLW �2
C
y C'
x Iyl
W
IW1
—NLW
y NLW
y l j * IY y
IV A y
yf
W f
Marsh y
ir
MH Y y
W tlr ' Town of Oak Island
4601 E. Oak Island Dr. �r
Oak Island, NC
Phillip & Kelly Simpson
Parcel 10: 2 y4FA008
60' Ri ht-of-Wa 1608 W. Yacht Drive
9 y Oak Island, NC
7 Z
N T
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P � P L
o T O L ' a
Z 77
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n n
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0 0 �
n o m
� N O
Earle Koontz
16D6 W. Yacht Drive
Oak Island, NC

N
Proposed Structures
AIWW ----)
Phillip & Kelly Simpson
1608 W. Yacht Drive
Oak island, Brunswick Co.
Drawn By: Debbie Wilson
1213121 Scale 1" = 30'
Sheet 3 of 4
Revised 425/22
D �-- +
Federal Channel
Setback
o `cis o
m0 I
`m `o ,Pier -head Line
i
Setba
5'
Setback �
C 1s•
0 = Slip Numbers � � o 16' .,
i
i� m "4 7' ;
r O
16 x 12' 12.1
veer
si
lxaki LT
1
—NLW
Of
1U rsh
y o W
y y W y y I x I y
W � y
W
Marsh I y V
� y y
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y y y V' W � wni.aw
y If' MH S1 Jl
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rT .
! Af
Town of Oak Island
'�• 4601 E. Oak Island Dr. ,y
Oak Island, NC
Phillip & Kelly Simpson Earle Koontz
Parcel ID: 234FA009 1606 W. Yacht Drive
1608 W. Yacht Drive Oak Island, NC
60' Right -of -Way Oak Island, NC
O '
n
P
P P L P
u l:7 L m L L
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c C T7 CD
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C 0 C M
N
fi o M
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X-Sections
Typical Boatlift X-Section
Proposed
Phillip & Kelly Simpson
1608 W. Yacht Drive
Oak Island Brunswick Co.
Drawn By: Debbie Wilson
12/31/21 Scale: 1" = 10'
Sheet 4 of 4
Handrail
RECEIVED
JUN 2 0 2022
DC1vil4AHD CITY
RECEIVED
MAR 0 8 2022
DCM WILMINGTON, NC

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-01419 County: Brunswick U.S.G.S. Quad: NC-Lockwoods Folly

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Phillip and Kelly Simpson

Address: 2215 Haigler Baucom Road
Monroe, NC 28110
Telephone Number: 704-363-1364
E-mail: [e-mail]

Size (acres) 0.35 acres Nearest Town Oak Island
Nearest Waterway Atlantic Intracoastal Waterway River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.927165
Longitude: -78.176346

Location description: The project site is adjacent to the Atlantic Intracoastal Waterway (AIWW) at 1608 West Yacht Drive in
Oak Island, Brunswick County, North Carolina.

Description of projects area and activity: This verification authorizes the construction of a private docking facility with 2-boat
slips and 2-jet ski slips. The docking facility would include a 6’ by 207’ pier, 16’ by 16’ gazebo, 6’ by 12’ fixed platform, a 8’
by 16’ floating dock, a 14’ by 14’ boat lift, and a 12’ by 12’ double jet ski lift.

Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North
Carolina Division of Coastal Management (DCM) prior to commencing any work on this project.

Applicable Law(s): ܆Section 404 (Clean Water Act, 33 USC 1344)
܈Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit: 197800056 with the following Special Condition.

Special Condition 1: 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 http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 1/29/2022, and the enclosed plans including the Lot Survey (1of 4), received date
3/8/2022, Existing Conditions, Proposed Conditions, and X-Section (pages 2 through 4) dated 12/31/2022 and revised on
4/25/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration dat12/31/2026e identified below, the nationwide and/or
regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve
months of the date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Katharine Elks at [phone]or [e-mail].

Corps Regulatory Official: _____________________________________________________Date: 9/19/2022
Expiration Date of Verification: 12/31/2026

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0

Copy furnished:

Debbie Wilson (Agent)

Patrick Amico (NC DCM)

Cameron Luck (NC DCM)

Amanda Cannon (NC DCM)

Holley Snider (NC DWR)

Katharine Elks Digitally signed by Katharine Elks
Date: 2022.09.19 15:43:33 -04'00'

Action ID Number: SAW-2022-01419 County: Brunswick

Permittee: Phillip and Kelly Simpson

Project Name: Simpson Oak Island Docking Facility

Date Verification Issued: 9/19/2022

Project Manager: Katharine Elks

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Katharine Elks
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

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. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform 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 (33 U.S.C. 403), and Section 404 of the Clean
Water Act (33 U.S.C. 1344), is hereby modified and renewed 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 MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses, and boat shelters will be pile-supported or
floating structures.
2. Pilings, dolphins, jetties, and breakwater structures may be constructed of
wood, metal, or pre-cast concrete. Groins may be constructed of wood, pre-cast concrete,
or rock riprap.
3. Breakwater structures will be designed to provide for adequate water
circulation landward of the structures.
This RGP does not authorize dredging or excavation, or the discharge of dredged,
excavated, or fill material within waters of the U.S., except for the placement of
structures for jetty, breakwater, or groin construction. This RGP does not authorize any
work on Atlantic Ocean beaches.
The following definitions will be used for purposes of this RGP:
a. Mean high water mark (MHWM): The line on the shore, in tidal water, reached by
the plane of the mean (average) high water. The precise determination of the actual
location of the line can be established by survey with the reference to the available tidal
datum, preferably averaged over a period of 18.6 years. A less precise method, such as
observation of the apparent shoreline, which is determined by reference to physical
markings, lines of vegetation, may be used for the purpose of this permit.
b. Ordinary High Water Mark (OHWM): The line on the shore, in non-tidal waters,
established by the fluctuations of water indicated by physical characteristics such as
clear, natural line impressed on the bank; shelving changes in the soil; destruction of
terrestrial vegetation; the presence of litter and debris; or other appropriate means that
consider the characteristics of the surrounding areas.
Special 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.army.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 submit the information described in General Condition "y" and obtain
approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the
construction of any structures within the Federally Authorized Channel Setback.
c. This RGP does not authorize construction across or into any natural or manmade
channel or waterbody in any manner that may adversely affect navigation by the general
public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be
extended or be located up to 400 feet waterward of the Mean High Water Mark
(MHWM) elevation contour (tidal areas), or the Ordinary High Water Mark (OHWM)
elevation contour (non-tidal areas), or one-third (1/3) the width of a waterbody,
whichever is closer to the shoreline, except as otherwise governed by the presence of a
Federally maintained channel.
e. The width of any pier will not exceed six ( 6) feet, unless the Corps determines, in
writing, that a greater width is necessary for safe use, to improve public access, or to
support a water dependent use that cannot otherwise occur.
f. The total square footage of shaded impact for docks and mooring facilities
( excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a
maximum of 800 square feet. In calculating the shaded impact, uncovered open water
slips shall not be counted in the total. The maximum size of any individual component of
the docking facility (excluding the pier) authorized by this RGP shall not exceed 400
square feet unless the Corps determines, in writing, that a greater width is necessary for
safe use, to improve public access, or to support a water dependent use that cannot
otherwise occur.
g. Boathouses and boat shelters will not be enclosed and will not exceed 400 square
feet. Boatlifts will be open and will not exceed 400 square feet.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. Docks and piers extending over wetlands will be elevated sufficiently (minimum
of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or
other elements of the aquatic environment.
j. Groins, jetties, or breakwater structures shall not be constructed in wetlands,
seagrasses, and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1) Water depth at the docking facility location is equal to or greater than two feet
at mean low water level: and
2) The pier and docking facility are located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located 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 mean low water level.
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas), or the OHWM elevation contours.
n. This RGP does not authorize the installation of fueling facilities on authorized
structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas.
s. No jetty shall be constructed during the period between April 1 and September 30
unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations in water
elevation, will be designed so that the structure will not rest on the bottom of the
water body at any time, and will be secured in such manner as to not break away.
u. Breakwater structures will be no longer than 500 feet. They will have a minimum
of one-inch openings between standard width (6 to 12-inch) sheathing boards and at least
one, five-foot wide opening for each 100 linear feet of structure.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. It is possible that the authorized structure may be damaged by wave wash from
passing vessels. The issuance of this permit 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 US liable for any such damage.
x. This RGP does not authorize habitable structures or any structure or associated
facility for non-water related use.
y. Structures and their attendant utilities, authorized by this RGP, located on lands
subject to an easement in favor of the US 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 U.S. Army Corps of
Engineers acting on behalf of the US, 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.
z. This RGP does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
aa. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the
North Carolina Division of Coastal Management before the onset of the proposed
activity. Should a Federal activity within any of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any of North Carolina's twenty coastal
counties be proposed by a Federal agency, a consistency determination pursuant to
Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the
North Carolina Division of Coastal Management before the onset of the proposed
activity.
General Conditions.
a. 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 within
waters or wetlands, at any time in the construction or maintenance of this project. 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.
b. Authorization under this RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. 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.
d. 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).
e. 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.
f. The Permittee understands and agrees that, if future operations by the US 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 unreasonable obstruction to the free navigation of the
navigable waters, the Permittee will be required, upon due notice from the Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby,
without expense to the US. No claim shall be made against the US on account of any such
removal or alteration.
g. 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 US
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.
h. 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. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Engineer prior to the initiation of any
activity that has the potential to modify or conflict with a federally authorized project.
i. 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: SA [e-mail].
j. 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.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed
federal project.
n. 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 US 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.
o. 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 US Government.
p. No activity may occur in a component of the National Wild and Scenic River
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.)
q. 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 Permittee
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.
r. 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 must submit
the information described in General Condition "y" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The Permittee may not
begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this permit, 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.
t. No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species 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 any RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed*. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "y" to the Corps if any listed species or designated critical habitat may
be affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian Manatee and
if the activity may affect the manatee, the Permittee does not have to submit the
information in General Condition "y" to the District Engineer as long the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information described in
General Condition "y" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the US Fish and Wildlife Service (Service) in regard to the threatened Northern
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to federally-designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• The project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• The project is located in the 59 eastern counties of North Carolina and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a RGP must check to see if their project is located in the
range of the NLEB by using the following website:
http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the Permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• Is located in a 12-digit Hydrologic Unit Code area ("red HUC" -shown as
red areas on the map), AND/OR;
• Involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• Tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• Bridge removal or maintenance, unless the bridge has been inspected
and there is no evidence of bat use, ( applies anywhere in the range of the
NLEB), AND/OR:
• Percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable RGP
terms and general and special conditions, and if the Permittee's review under A.(l)
and A.(2) above shows that the project is:
• Located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located in a red HUC, but the activity will NOT include tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency -if that other federal
agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all RGP general and
special conditions are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHW A 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 PBOs), 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 PBOs) 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. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. 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.
y. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory
Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre-
Construction Notification Form.
1. Name, address, email and/or telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community,
and county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description must be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings must be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings must contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans).
z. 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.
aa. 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].
bb. The Permittee must maintain any structure or work authorized by this permit in
good condition and in conformance with the terms and conditions of this permit. 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 permit will automatically
transfer this permit 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 permit and provide the subsequent owner with a
copy of the terms and conditions of this permit.
cc. At his 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.
dd. 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. Metal
products, organic materials (including debris from land clearing activities), or unsightly
debris will not be used.
ee. 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.
ff. 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:
r_,---/ ·~ ~ ~~z,/ __ _ I .,,/ / ,·
---/~amirr 1. Be .·· ett --
co1one1, 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.