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HomeMy WebLinkAbout122-22 Ragan, Ronald & TeresaPermit NumberPer Permit Class NEW STATE OF NORTH CAROLINA 122 22 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 Ronald and Teresa Ragan 4602 East Yacht Drive Oak Island, NC 28465 Authorizing development in Brunswick County at ado. to AIWW at 4602 East Yacht Drive, in Oak Island as requested in the permittee's application dated 5/24/22 (MP 1 MP 4) including work plan drawings (3) Sheets 1-3 of 3 dated 5/30/22. This permit, issued on October 31, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe nun ana voia. Docking Facility This permit authorizes only the docks, piers, 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 October 31, 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 or the secretary or uny anu me i,nau of the Coastal Resources Commission. Z,l t For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Ronald and Teresa Ragan Permit No. 122-22 Page 2 of 3 ADDITIONAL CONDITIONS 3) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the federally maintained AIWW channel. 4) 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. 5) The authorized structures and associated activities shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 6) Should the Eastern or Western lot be sold prior to the initiation of construction of the docking facility, the permittee 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. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) 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. 9) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 10) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 11) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 13) 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. Ronald and Teresa Ragan ADDITIONAL CONDITIONS Permit No. 122-22 Page 3 of 3 14) 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. 15) 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 4501 and assigned the project DWR Project No. 20220408. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the mean high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. N*A-3 DCM Coordinator: yuc k_ Permit #: I2�-ZZ MAILING DISTRIBUTION SHEET Permittee: 17oocId k 7e zs- law._,. 4662 {mil / fWA Is" W- 79 %5 DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington Q.P+ (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Robert Tankard — 401 Glenn Stewart - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover) John Perry — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: Maria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Ronald and Teresa Ragan COUNTY: Brunswick PROJECT NAME: Ragan Docking Facility RECEIVED LOCATION OF PROJECT: 4602 E. Yacht Dr., adjacent to the AIWW in Oak Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-I-22 AUG 2 3 2022 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A DCM-MHD CITY FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: MFUIWINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $250#316 APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 8-28-22 END OF NOTICE DATE: 9-18-22 ADJ. RIP. PROP NOTICES REC'D: _ DEED RECD: Yes C) 75 DAY DEADLINE: 10-15-22 150 DAY DEADLINE: MAIL OUT DATE: 8-23-22 STATE DUE DATE: 9-19-22 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination 1 O 3 1 Cc V.5: ;-e �4 Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401Section ilk I �jU 2aZZI� H4 DWR-Public Water Supply 7irJ d Cry+^ DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office p q 1 V ylo Low-,,••�•.a Wildlife Resources Commission to fu DMF - Shellfish Section Na„d DMF - Habitat & Enhancement I �y LW o,-'O' - DNCR - Archives & History DNCR — Natural Heritage Program NCDOT NC Dept of Commerce �� CAAA AkQ4— DCM Coordinator: Cameron Luck County: Permit #: t + WIIR(O E-MAIL DISTRIBUTION SHEET�% � Circle ort : Bio Rep / Permit for: 1 w"/v` 41 �a'` 4 f"01w_ Oversize ns sent: ,La--� DCM Offices: Morehead City: PT (if oversize) via Courier _ *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 (lrm): Recommendations, PN, Letter w/Site Card, Fee Chad and Agent Authorization USACE Wilmington: Pender & Carteret Co): PN, CL, Reports, Split Sheet use both f,4V .jlmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ feg Currey (NHIBR: PN, CL, Reports, Split Sheet Div of Water Resources: olley Snider -401 (BR/NH): PN, CL, Reports, Split Sheet der - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet _ Div of Water Resources: vSheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: "Kim Harding _ DCM Planner/WIRO: +'Mike Christenbury _ Cultural Resources: vXenee Gledhill -Earley Environmental Reyiewancdenr40V Natural Heritage Prog. `Rodney Butler _ DCA-Rural Eco. Dev: Mark Ziegler_ NC DOT: ✓David Harris _ Wildlife Resources: 1.9aria Dunn w/Reports State Property Office: Vii Walton: DEED _ �Nli keMoser_ nda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: / v0 remy Humphrey (Bio) / _ r aron Gupton, Admin. _ DEMLR: (,Christine Hall - Stormwater Section ,, 0an Sams - Land Quality Section Public Water Supply: cAeidi Cox City of Wilmington: Derr_ Enforcement: Field Rep: of � (� 1 Co. LPO C/. u V `l RECEIVED Agent: Agent: AUG 2 3 2022 DISTRIBUTED: 1 DCM-MHD CITY Updated 2/2522 CAMA/Shaun majors docsle'Agency List RECOMMENDATIONS FOR 4602 East Yacht Drive The total area of platform was calculated as follows: Shoreline length = 60 ft. x 8 ft. = 480 SF allowable Proposed Pier = 86 ft. x 5 ft. = 430 SF, not counted for access credit Proposed Platform= 13 ft. x 9 ft. = 117 SF Proposed Boatlifts: 2 @ 13 ft. x 13 ft. = 338 SF not counted for shading Proposed floating dock = 26 ft. by 6 ft. = 156 SF not counted for shading (access credit) Total Counted sq. ft. = 117 SF The proposed docking expansion development would provide docking space for three vessels. The proposed docking expansion would extend approximately 85' 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 proposed constructed features would encroach into the 15ft. riparian setback for both adjacent riparian properties however the appropriate waivers have been obtained. The docking facility would be located entirely over open water and meet the Federal Channel Setback. RECEIVED 127 Cardinal Drive Fxt., Wilmington, NC 28405 Phone: 910-796-72151 FAX:910-3W3964 Internet: www.ncooastaimanagernent.net An Equal GpPp fy AMimabve Action Emp" AUG 2 3 2M DCM-MHD CITY MEMO To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Ronald and Teresa Ragan, Oak Island, Brunswick County Date: November 1, 2022 Consistency Determination: This project is consistent with the Oak Island Land Use Plan Update. The applicant proposes to demo an existing docking facility and construct a new docking facility with three (3) slips. The project is located at 4602 East Yacht Drive, adjacent to the AIWW, Oak Island, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 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 RICHARD E. ROGERS, jR. Director DATE: October 19, 2022 NORTH CAROLINA Environmenta/Quality FROM: Holley Snider / /� NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20221202 No Written Approval Required PROJECT LOCATION: 4602 E. Yacht Drive, Oak Island, Brunswick County Ragan Docking Facility PROPOSED PROJECT: Reconstruction of an existing docking facility to provide mooring for three (3) vessels The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request completed August 1, 2022 and received by this office on August 23, 2022. The waters of the Atlantic Intracoastal Waterway in the project vicinity are classified as SA;HQW by the Division of Water Resources (DWR) and have been designated as Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as Primary Nursery Area and the DWR supports the concerns and recommendations of the Division of Marine Fisheries and the Wildlife Resource Commission regarding dredging within these designated areas. Requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which require that Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. In accordance with the attached General Certification #4497 (GC 4497), the impacts described in your application do not require written authorization to utilize GC4497. 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 EQq North Carolina DepanmentofEnviranmental Quality I Divisionof Water Resources :v 127 Cardinal Drive Ext. W iImin8ton, North Carolina 28505-5406 910.796.7215 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 (919) 431-3000 for information. North Carolina Department of Environmental Quality I Division of Water Resources o ®� M%I. 127 Cardinal Drive Ext, Wilmington, North Carolina 28{05-5406 "tee .;x� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director NORTH CAROLINA Environmental Quality August23, 2022 'L2. �$. 2�}• D•� MEMORANDUM: FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) camero n.luckONCDENR.gov SUBJECT: CAMA Applicant: Ronald and Teresa Ragan Project Location: 4602 East Yacht Drive, ad). to the AIWW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 18, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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" V/ This agency has no comment on the proposed project. This agency approves of the project only 'lfthe recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAMEhAlanOF. CkAnn AGENCY CVA r0LC SIGNATURE A� DATE lo`irr22 . North Carolina Department of Environmental Quality l Division of Coastal Management _ Wilmington Off ice 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 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: 252-247-3330 (Courier 11-12-09) cameron.luck(& N C D E N R.gov SUBJECT: CAMA Applicant: Ronald and Teresa Ragan Project Location: 4602 East Yacht Drive, adj. to the AIWW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 18, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: i� 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 k Z 5 & r AGENCY A be P} o¢ i'n M wce. SIGNATURE DATE M A #- U a a. ; 5 I e. / gjC,(a.2- ®� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Ofnce 1127 Cardinal Drive Extension I Wilmington, North Carolina 26405 w ,w "% 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 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: 252-247-3330 (Courier 11-12-09) cameron.luck(cDNCDENR.00v SUBJECT: CAMA Applicant: Ronald and Teresa Ragan Project Location: 4602 East Yacht Drive, adj. to the AIWW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 18, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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. AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality SIGNATURE 8 for Shannon Jenkins 67 DATE 08/29/2022 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 August 23, 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: 252-247-3330 (Courier 11-12-09) cameron.luck(a) NCDEN R. aov SUBJECT: CAMA Applicant: Ronald and Teresa Ragan Project Location: 4602 East Yacht Drive, adj. to the AIWW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 18, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE cuts. dta, DATE 8/25/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director August 23, 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: 252-247-3330 (Courier 11-12-09) cameron.luck(o)NCDENR.00v SUBJECT: CAMA Applicant: Ronald and Teresa Ragan Project Location: 4602 East Yacht Drive, adj. to the AIINW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 18, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE �L�QiL�P2 Yru DATE 09/15/22 �D.EQ�1) 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 Secretory BRAXTON DAVIS Director August 23, 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: 252-247-3330 (Courier 11-12-09) cameron.luck(cDNCDENR.cov SUBJECT: CAMA Applicant: Ronald and Teresa Ragan Project Location: 4602 East Yacht Drive, adj. to the AIWW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 18, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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. One slip proposed and 2 slips existing totaling three. Memo Attached PRINT NAME Wanda Hilliard AGENCY State Property Office SIGNATURE W GAkt F DATE September 12, 2022 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 State Property Office Tim Walton I Director Department of Administration September 12, 2022 TO: Cameron Luck, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 cameron.lucknu,NCDENR.gov FROM: Wanda Hilliard `bJON+4t#— -O-tJLL'o"'—Q Real Property Agent Department of Administration Applicant: Ronald and Teresa Ragan Roy Cooper Governor Pamela B. Cashwell Secretary Project Location: 4602 East Yacht Drive, adj. to the AIWW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Mailing 1321 Mail Service Center Raleigh, NC 27699-1321 3 ncadmin.nc.gov Location 116 West Jones St. I Raleigh, NC 27603 984-236.0270 T DMSION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Ronald and Teresa Ragan 2. LOCATION OF PROJECT SITE: 4602 East Yacht Drive, adjacent to the AIW W, in Oak Island, Brunswick County. Lat: 33.921954°N Long:-78.114709eW 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/9/22 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 8/l/22 401 Prefile Date 5/31/22 Complete — 8/l/22 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Brunswick County Land Classification from LUP —Residential (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —N/A Planned — N/A (F) Type of Structures: Existing — Single family home with existing bulkhead, private 2 slip docking facility Planned — reconfigure and rebuild docking facility (add one additional slip for a total of 3 slips) (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED EIILED OTHER 70 SF shaded (A) Vegetated Wetlands (Coastal Wetlands) (B)Non-Vegetated Wetlands 1041 SF (Open water) additional incorporated (C) Other (High ground) (D) Total Area Disturbed: 1 111 SF (.023 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to demo an existing docking facility, and construct a new docking facility, increasing from two (2) existing slips to three (3) proposed slips. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.72151 FAX: 910.395-3964 Internet. www.nccoastalmanagement.net An Equal Opportunity \ AtFnnative Action Employer - 50% Recycled \10% Post Consumer Paper RECEIVED AUG 2 3 2022 DCM-MHD CITY Ragan Docldng Expansion Page Two 9. PROJECT The project site is located at 4602 East Yacht Drive adjacent to the AIW W, near Oak Island, Brunswick County. The site is approximately 0.24 acres and is vegetated primarily with manicured lawn grass. There is an existing single family residence on the parcel site and an existing bulkhead (permit 46163D issued 2007) located landward of coastal wetlands. The project site has approximately 60 ft. of shoreline frontage along the AIWW. There is small strip of Coastal Wetlands along the bulkhead, comprised solely of Smooth Cordgrass (Spartina altemiflora), measuring approximately 14 ft waterward. x 60 ft wide. There is currently a two slip private docking facility on the parcel, which consists of a fixed access pier (78' x 4') which originates in the center of the parcel and extends waterward from the bulkhead. The fixed access pier terminates on a T head, fixed uncovered platform compromised of two sections (T x 22', and 7.5' x IT). To the immediate west of the fixed platform, there is an existing boatlift, serving as slip #2. A permit history search located CAMA General Permit 1 1135D, issued in 1993, for the installation of the boat lift. To the immediate west of the boat lift there is an existing floating dock (6.5' x 28' Slip #1), that is oriented in the same alignment as the pier, and is accessed from a gangway that originates from the pier on the landward side of the fixed platform. 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 IS 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 demo an existing docking facility, and construct a new docking facility, increasing from two (2) existing slips to three (3) proposed slips. According to the application materials, after demolition of the existing docking facility, the applicant is proposing to construct anew fixed pier (86' x 5'). The pier would extend from the bulkhead in a northerly direction, and terminate on a proposed fixed platform (9' x 13'). Landward of the fixed platform, a proposed gangway (parallel with shoreline) would provide access to a proposed floating dock (6' x 26') that would be oriented parallel with the pier. The western side of the proposed floating dock would serve as slip # 1. The applicant also proposes to construct two (2) boatlifts (each 13' x 13') , one on the eastern side of the proposed floating dock (serving as slip # 2) and one on the eastern side of the proposed fixed platform (serving as slip 43). According to the agent, the proposed floating dock and boat lifts would be located in water depths ranging from -2.0' to -3.0' @NLW. Similar water depths were observed on site by DMF staff on field visit 8/02. According to the work plan drawings, the applicant's proposal is located within their riparian corridor, and within '/. of the width of the waterbody, which measures approximately 430' across. The proposed docking facility would encroach into both adjacent riparian corridor setbacks, but the appropriate waivers have been obtained on both sides. The proposed features would be consistent with the USACE federal navigation channel setback. 10. ANTICIPATED IMPACTS The proposed docking facility would incorporate approximately 1041 sq. ft. of Estuarine Waters and Public Trust Area and shade 70 SF of Coastal Wetlands. Currently, the existing facility incorporates 894 SF of Estuarine Waters. The proposed facility would extend --99' from the bulkhead to meet the USACE setback and for a total of 85 ft. into the waterbody (from the edge of marsh) which measures approximately 430 ft. across. This distance conforms to the pierhead line and 'A width. This area is designated as PNA, and the proposed slips would be located in water depths ranging from -2.0 to -3.0 at NLW according to the applicant. Minor increases in turbidity should be expected during construction. Submitted by: Patrick Amico Date: 8/17/22 Office: Wilmington RECEIVED AUG 23 2022 DCM-WID CITY Project Narrative: 4602 E. Yacht Dr. (Ragan Docking Facility) Mr. Ronald Ragan of 4602 E. Yacht in Oak Island is proposing to demo his existing docking facility and rebuild a new docking facility. Existing Structures: Pier (4' x 78') Floating Dock (6.5' x 28') Fixed Platform Q7' x 22') Fixed Platform (7.5' x 12') Boat Lift (12' x 13') Proposed Structures: Pier (5' x 86') Fixed Platform (9' x 13) Boat Lifts (2) (13, x 13) Floating Dock (6' x 26) • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best ofmy knowledge and belief. • The project proponent hereby requests that the cerNJying authority review and take action on this CWA 401 certification request within the applicable reasonable period oftime. 4602 E. Yacht Ragan Docking Facility D Bw adnit.benocouttipumitguymm. Tu. Mq 31. U1 PM to Q1 PmFile . P FIM 531= Genol Prrmit fuy, LLC (910)N2-5725 Hetpitg you get ym_ w tlotrt COASTAL --GUY RECEIVED =- AUG 2 3 2022 DCM-MHD CITY RECEIVED AUG 01 2022 DCM WILMINGTON, NC 06M mr-1 APPLICATION for Do �n5 F Major Development Permit (last revised 1=7106) bd North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicand Landowner Information Business Name PIA Pmjec Neme (if applicable) (!1 AQ Do�dn Fitci " Applicant 1: Rat Name ROn�� MI Last Name T an Applicant 2: Ism[ Name Tartu MI (] Last Name RA79Lh . If additional applicants. pease attach an additional page(s) solh names listedcity Mailing Address � �r. (aD2 £• PO 14A J. Dd� TS'(a�+01 ♦ , /V L ZIP Z04G5 ��(�S�} Phone No. q14 - q71 - 'U19 FAX No. SlreetAddaae(A'Waensnt hom ebow) —�j 1A -- - City Stale DP _ _N 14 1\1/14 M/,4 Emas e4i-olnkl;r)Car 6J1SOtA - ✓t, 2 AgentifConhactor Informadon Business Name Agent/ Contractor 1: First Name POW MI Last Name n rnk U il AgenVCantrecar2: Fiat Naive N/A MI Last Nana N Muffing Address NJA PO Box 1(1161 rAy alol;� 9 Slate N(, ZIP ^ �, J ^ eo L No Phan No. 1 910-30z -Sias q/ Phone No. 2 �am. FAX No. N I ni1 Contractor M N l A Street Adaress(rdrAaant ham above) w� Hwy N/"-` CIl1r �'� Stale ^ ZIP 'hVF N Email � �e (N>Gmyt4Qtem U •GorA <FOrm 00111tlnwa on b ii AUG 0 ] 2022 52 N08-2808 .. 1-BB8.4RCOAST :. www.neeoaatalmnn..er bCM WIlMiP1GYON,NCEIVED j AUG 23 2022 DCM-MHD CITY Form DCM MP-t (Page 2 of 4) APPLICATION for Major Development Permit I Project Locadon Counly (can be mutliple) runiw;Gk Street Address L'GOZ E. YACAIP Dr. State Rd. a N/A Subdivision Noma n1/a City bind State Zi -p.,, OakI �L Phone No. 41q RBI 7019 ext.Alh Lot No.(e) (ffmainly, attach erldffonal page with list) LA a. In which NC river basin is the project located? CFiZ b. Name of body of water nearest to proposed project AZww c. Is Ih tar body identified in (b) above, natural or mannrde? d. Name are closest major water body W the proposed pmjeet silo. Natural ❑Manmade ❑Unknown ,iWu) e. is sed workwithin cbY limits plplamm�g judsdcW, f. If applicable, list the planning jurisdiction a city limit the proposed es ❑No work lolls within. j Vak ISJltru 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sg.ft.) Coop ID y s�i N C. Size Of indivklual totjs) b,Sgoi cif Io,y54.N!4-T'Q • d. Approximate elevation oft shove NHW (normal high wafer) or NWL (normal water to (If merry fit sizes, please attach additional page with a Iisf) � e HW a ❑NWL e. Vegetation an bmel M4�tcvT_td'jot\ S otr� q F{ �XINrlOr0. / ypePXwAYL(0. fi�ll�r^LJ' 64� J 1. f. Men -made feahres and uses now on tract j��f Q / SI",qIt_ Far-, ly AVA'V, WA cxjthn/ dxh� �Cl (` g. Identify and describe the existing land uses gyacept W the proposed pm)ect she. l� ESTCTarn of 0& ,fJ/v�l;J Cdr•rk*%") Epsr s; le hkinn 6 w h. How doeslocal government zone the trap? proposedproject consistent with the applicable zening7 7(Lo�y' R/h �Os zoning compli a certificate, h applicatil []No 0NA j. Is the proposed actrAy pert of an urban watedrord redevelopment proposal? ❑Yes @60 k. Hasa professional archaeological assessment been done for the tract? h yes, attach a copy.11yes []NO It yes, by whom? I. Is the proposed project located in a National Registered Hislone District or does it involve a ❑Yes ❑No 96 National Register listed or eligible property! I eww <Form continues on next page> AUG 012022 RECEIVED 011 I-bad�aHCC AUG 2 3 2022 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) m. (I) Are them wetlands on the slle? (II) Are there coastal wetlands on the site? (ig) If yes to either (i) or (H) above, has a delineation been co ducted? (Attach documentation, ifavaflabfe) n. Descnbeexistingwastewaterimatmentfacilitles. brw'swlok C0q^� o. Describe axktng drinking water wit" scuroe. QftanSw�G�C fAl� p. Des be existing storm walermanage tint or treatment systems. 'CoNfWjl i"DW41l APPLICATION for Major Development Permit es ❑No Elvese 5. Acdvides and /mpaofs a. Will the project be for mmmeroial, pudic, or se? ❑Co fcial [Public/Govemment / flvate/Community, b. Give a brief description of purpose, use, and daily operations of the project when mmdefe. �jor.�ln9/�,t�f►+q (Pr�traiC �tckl'l �w Gt�� c. Describe the proposed construction methodology, types of crosWctim equipment to be used during construction, the number of each type of equipment and where it Is to be stored. I.�yl ��fi �/werk i01/4L 9e . P Ic d,,Vu er bc-rge . iro-ckC Gin% d. List all development activities you propose. parAo P-Xi 9 dxlu�j%.ci�2✓7 X:nS4*t1 e. Are the proposed activities naintmahce of an existing project, new work, r both? f. W hat is the approximate total disturbed lard area meeting from the proposed project? B9q.Ft or ❑Acres g. Will the proposed project encroach many public easement, pudic arcessway or other area ❑Yes VINO ❑NA that the public has established use o17 In. Describe location and type of existing and proposed discharges to waters of the slate. �lR L Win wastewater of sbmmal r be discharged into a weuand? --- - - ❑Ym M6 ONA If yes, wit this discharged water be of the sane salinity as the receiving water? ❑Yes ❑No N J Is there any mitigation proposed? If yes, attach a mil ❑Yes o mitigation proposal. <Form continues on back> AUG 01 2022 -ZBOtl 2B08 .. 1-888-4RCOA3T •, www•aceoastalmanayemPM!•h:`TILMINGTON; M1iCCEIVED AUG 2 3 2022 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformadon In addition to this completed application Pone, (MP-1) the following dams below, if applcable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any majordovolopment application. Please consWt the application instruction booklet on how to properly prepare the required items below. a. A project narrative. It. An accurate, dated work plat (imluding plan view and rxoss-sectional Crawrings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If pre busty 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) cr other instrument under which the applicant claims but to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as prod 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 p—mgT-ct to the Division of Coastal Management. Managem_-e_nt. Nam'caw rvp Phone No. gjo-Zol-8047 Address 4LD% £ 116S Name SQyvuer and I`*ar1vW a.r 4r'1 Phone No. 70 - S1 7 - g473 Address pq N�"/1!e►,son Rd• Moor�sv,llt NG 29��� Y _ J Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include pemll numbers. per chest, and seeing dates. Cai NO 941G3 Roh,'Id sh — CM4A- No. tilt zS /L. Z• 1443) It. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. 1. A signed AEC hazard notice for projects in oceanfront and inlat areas. (Must be signed bypeoperry owmaj K. A ctalement of compliance with the N.C. Environments Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expryMiYre of public funds or use of public lands, attach a statement documentrg compliance with the Nalih Carolina Envounmental Policy Act. to Enter on I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the pemitt. I certify that I am authorized to gram, 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 May24, 2022 Prim Name Ronald Ragan Signature ..�.y!1cL._:.....,,, RECEIVED Please indicate application attachments pertaining to your proposed project. ❑DCM MP 2 Excavation and Fill Information E]DCM MP-5 Bridges and Culverts AUG 2 3 2022 ODC P-3 Upland Development CM MP-4 Structures Information DCM—MHD CITY RECEIVED nllf, 01 K"' '_52-80U-28U8 .. 1-888-4RCOAST ., www.nccoastalmanagcment.nct DCM W" .'h lr: _TCA; MC Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Ahach 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. I. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking faclity/manna: It. ❑Commercial I]Pubic/Govemment twat./Community C. (i) Dock(s) anNor er(s (9) Number 1 (li) Length (N) WWd (v) Floe" []Yes SilZMONI e. (1) Are Platforms included? If yes: (1) Number I r (ui) Length (iv)Width (v)Roating Afore: Rooted areas are calculated most dApfirer dimensions. g. (i) Numbe of slips proposed — umber oI slips existing � a i. Check the proposed type of siting: ❑ Land cut access channel ❑Ope ater, dredging for basln andfor channel pen water, no dredging required ❑Other, pease describe: ❑This section not applicable (i) Will the facility"ri to the general public? Oyes 111 d. (i) Are Finger Piers included? ❑ q. El II yes: (it) Number (iii) Length (iv) Widl-_ /% (v) Floaliih OYes ❑No f. (i) Arc Boallifts included? Yes []NO f yes: Z (ii) Number r (iii) Length " (iv) Width 13 r h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail. repar or maml ce service ❑ Do ge, luel, and marine supplies ockage (-wet slips) only, number of slips: ❑ Dry storage; number of boars: ❑ Boat raup(s); number of boat ramps: ❑ Other, pease describe: j. Describe the typlral boats to be served (eg., open runabout. charter boats sail boars, mixed types). RECEIVED 'T" ` UYWb,:AAIT. AUG 2 3 2022 DCM-MHD CITY RECEIVED Ill. Typical boat length: �'S I. (1) Will the facility open lu the general pudic? (]vas o In. Q) lli the facia eve be pilings? AUG 01 2022 ❑Yes o (if) If es pumber of lie pilings? DCM WILMINGTQN, NC L62•e0e-2110fi .. ...:COAST I: w_irw_gccoastalmanagement.net revised: 12,27 Ob Form DCM MP-4 (structures, Page 2 of 4 Z DOCKING FACILIT)MARMA OPERATIONS 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 trasr d. How will overboard discharge of sewage from boats be controlled? e. (it Give the location and number of'No Sewage Discharge' signs (if) Give the location and number of'pumpout Available' f. Describe the special design. If sppiable, fog a __. _ This section not appLcaNe mdusmal type poilulantssuch as paint saodblasling waste and petroleum products. g. Where will residue from vessel maintenance be isposed of? n. Give me number or onannel maniers an m wane signs proposed. i. Give the location of fue4handling facil es. and describe the safety measures planned to protect area water quality. j. What will be the mach poary a amgM and live -aboard dockage? k. Describe design measures that promote boat basin gushing'+ I. If this protect is an expansion of an ewsling marina, what types of services are currently provided? ._ .. 4 u08 :: L6138-41RCOAS-, I _mccf statmanagament not RECEIVED AUG 2 3 2022 DCM-MHD CI #DECEIVED DCM W1Lt,` r G Form DCM MP-4 (Structures, Page 3 of 4) In. Is the mamaidoddng facility proposed within a pnmary or secondary nursery area? Ora []No n. Is the merinaldoddng facility proposed within or adjacent to any shellfish harvesting Dyes []NO / o. Is the manna/dmlang facility proposed within or adjacent to coastal (SB), or other wetlands (WL)? If any boxes are checked, p ad€ ❑CW ❑SAV ❑SS ❑WL ❑None nds/matsh (CW), submerged aquatic vegetation (SAV), shal bottom number of square feel affected. P. Is the proposed marina/dodcing fay" bceted within or within dose proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and a'411 ss of the Ieaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (N oYTdig covered Old) This section not applicable a. (1) Is the boathouse structure(s): -- ❑Cormterdal ❑PubliNGovemmenl ❑Private/community, (ii)Number _ (tit) Length (IV) Width — Note. Roofed areas ere calculated from dnp61re tlmenaFona. 4- GROIN (&I wood abeetpla. efc. Me rock groin, txaa MRz a. m Number (N) Length (ii) Width — S- BREAKWATER (e.g., wood shaeolle, etc.) a. Length _ c. Maximum dslanuabeyond NHW, b. Average distance from NHW, nag applicable sedlon not applicable 6. MOORING PILINGS and B OYS — �Tbis sadbn appl cable a. Is [hesWclure(s): b ��« ❑Commercial ❑PubliciG emmem ❑Private/Carnmmily c Dislame to be placed :W shoreline d. Deecdplion of huoy (color, inscription, size. arldlrx, etc.) Nate: This should measured from marsh edge, d present. e. Arcoflhesvdrg AUG 0 y 202Z RECEIVE , DCM WILMINGTGP;, NC ..52eatl•2aatl :: n•eag•JRCOgST :: www.neceaslalmanauemenL�ut mvlsad: 12.. ., - DCM-MHD CITY Forrn 6CM MP-4 (Structures, Page 4 of 4 7. GENERAL a. Proxirrity of sin cture(s) to adjacent rpanan property lines N�r Note. For buoy or mooring piling, use arc of swing including length o/vessel. c. Width of water body — 33 60' e. (i) Will navtgelio ads be. required as a resdl of the project? ClVes o ONA (it) If yes, explain what type and how Iheyjill be implemented. l & OTHER a. (ifve iomplele description: May 24, 2022 Dale nkin� �au�� Project Name Applicant Name Applicant Signature b. Pmximtty of sMxture(s) to adjacent docking facitllies. 0 -131ol E - 4Z, d. Water depth at waterward Ind of sWcturea LW rNWL —3.11'® PLtg ut-2e08 = 1-aea-411COAST :: wwwmccca>talmanaacmentncr ❑This section not appllicable RECEIVED AUG 2 3 2022 DCM-MHD CITY RECEIVED AUG 01 2022 DCM WILMINGTON, NC ROY COOP6 Governor ELIZABEM S. BISER Secretory BRAXTON DAMS Dlr c or NORTH CAROUNA Envlronmentuf Quaffty Ben Brink August 19, 2022 P.O. Box 1661 Carolina Beach, NC 28428 Dear Mr, Brink: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Ronald Ragan for State approval for development of the subject property located at the at 4602 East Yacht Drive, in Oak Island, Brunswick County. It was received as complete on August 1st, 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 15, 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 August 1 st 2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road 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. Sinre ce06�(�f/y% Patrick Amico Field Representative cc: Cameron Luck, DCM Greg Curry, USACE Holley Snider, DWR Kim Harding, DMF Ronald and Teresa Ragan, Applicants WiRo RECEIVF'C, AUG 2 3 ;'.7; t1CM-MHD CITY A � North Carolina Department or FnAronmental Qoailty I Dtvision of Coastal Management Wl m`agpor, oewe I i Cardinal Ddl E oe,umn I Wtlminyton. North Carolina 28405 910.196.7215 NOTI(ow'$1,4A CAMA PERMIT APPLIED FOR PROJECT: Applicant proposes to demolish r., COMMENTS ACCEPTED THROUGH September 18, 2022 APPLICANT: Ronald & Teresa Ragan 4602 E. Yacht Drive .Y Oak s an , mu 284u* eet. CPG, LLC c/o Ben Brink (910) 302-5725 FOR MORE DETAILS CQNTACT THE LOCAL PERMIT OFFICER BELOW: agement- 12 7 Cardinatr. x . ROY COOPER Govemn. ELIZABETH S. BISER M'CIYfOR' BRAXTON DAVIS U~-,,, D.,. u%<'nmful Mm ug mesa August 22, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Ronald Ragan Hello: Please publish the attached Notice in the Sunday, August 28, 2022 issue. The State Qffice of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. i'" Please send both original affidavit and invoice for payment to: NC Division of Coastal Management, c/o Tanya Pietils, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. (Customer No. 489895) Thank you for your assistance. >rt & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of Nonh Catulina I Environmental Quality I Coastal Mauagemmt 127 Cardinal Dnve Hat, Wilmington, NC 29405 919 796 7215 RFrl=h/FD AUG 23^. 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 Concem as designated under the CAMA: On August 19, 2022, Ronald Ragan proposed to demolish an existing docking facility & construct a new three (3) slip private faclthy at 4602 E. Yacht Dr., adj. to AIWW in Oak Island, Brunswick County. Copies of these applications can be examined or copied at the office ofPatrickAmico N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7425 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 September 18, 2022 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED AUG 2 3 2022 DCM-IWHD C;-ry (AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Ronald and Teresa Ragan Mailing Address: 4602 E. Yacht Dr. Oak Island, NC 28465 Phone Number: 919-971-7019 Email Address: efiankliucat'Cdbellsoutlt.net I certify that I have authorized CPG, LLC Agent/ Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: CAMA Permit replace docking facility at my property located at 4602 E. Yacht (Oak Island) in Brunswick —County. 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: �PIW l l 7o ', ay a, 20n 14R EFT) Signature Ronald Ragan Print or Type Name Property Owner Title 5 ! 20 / 2022 Date This certification is valid through 5 ! 20 2023/ RECEIVED AUG 2 3 2022 DCM-MHD CITY IE'IVED AUG 01 2022 NMI WILMINGTON, NC N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to_b�ellcompleted by owner or their agent) Name of Property Ownef. IIpe^ `� F141� / _ Address of Property: slap?. F• fO.c /nt- D�• ocdL J::I-Wii Let,5 Mailing Address o qbD7- E•Y,c.L.l ��. d4K-..Jrrl Ai -ZgY&f r.�rtar Owners email: Owner's Phone#. 70If-730-8233�Y1tj-4Ty- 9 Agent's Name: CPG, I1.0 (Ben Brink) Agent Phone#: 910-302-5725 Agent's Email: ben@coastatpermitguy.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom Portion to be completed by the Adjacent Property Ownerl I hereby certfy 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 yI DO NOT have objections to this proposal. _ I DO have objections to this proposal, n yotr nave objections to what /s be/ng proposed, you must notify the N.C. Division of Coastal Management (DCAI) in writing within 10 days of receipt of this notice. Correspondence should be matted to 127 Cardinal Drtm Ext, 1011Wni rgton, NC 28/05-3845. DCM reprosentattves can also be contacted at (910) 796.7215. No response is considered the same as no objection if you have been notified by CerltNed Mail. 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 revetr mitts). (@ you wish to waive the setback, you must sign the appropriate blank below.) \% I DO wish to waive somelall of the 15' setback Sign furs of Adjacent Rofinitin Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: TypedlPrinted name of ARPO: Mailing Address of ARPO: Rd. %lii«.4 Vxf� NC 78117 RECEIVED —� ARPO's email: 49A i•41RPO's Phone#: Oy - 5t 7-7173 AUG 2 3 2022 _ sJ Date: b_T`1S(o 22 *waiver Is mild for up to one year from ARPO's Signature' RevisedJuly2o2i DCM-MHD CITY RECENED AUG 01 7C^2 DCth iM',ti,(v9A CtTGb , ,alC N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELI V GENE (Top portion to fDJbecompleted by owner or their agent) `'1 G 6 2022 Name of Property Owner +�nrij FPUA.r , _ Ry Address of Property: 1WZ %''q" P "Or (iak !L Mailing Address of Owner: ` 0-7- F `� C1, {VNGar® S h owner's email: eCar w 1� Owr Agent's Name: Agents Email: CPG, LLC (Ben Brink) ben @coastalperm itguy. com Or. DakT s/" NC 2Bq6S ,Phone# 0Y- o-9Z3 11Q-471-7diiq Agent Phone#: 910-302-5725 ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that I own property adjacent to the above referenced property. The individual applying forthis permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing, with dimensions. must be provided with this letter. `� v1 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 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection If you have been notified by Certified Mail. 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 sign the appropriate blank below.) I DO wish to waive somelall of the 15' setback Sgnat6We of Adja ent Ri an Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner. 1 / Typed/Printed name of ARPO: TOU'o, 0� (LL((10W,41M //d +l�rf0"Jl\ Mailing Address of ARPO: r((y01 • Oa<<,j,S�4ha pr. (�O��S`iwtp, NG 28iG5 cM+ron(g Ak(s�artilnG•LoM i p -COL - ARPO's email: ARPO's Phone#: 8Qy7 Date: 'waiver is valid for up to one year frorQ)k)Epature" Kevised July 2021ECEIVED AUG 01 2022 DCM WILMINGTON, NC AUG 2 3 2022 DCM-MHD CITY 7/30122, 11:26 AM USPS.com6 - USPS Tracking® Results USPS Tracking® Track Another Package + Tracking Number: 70212720000016186623 kL—' ;EIVED AUG 2 3 2022 DCM-MHD 'p1 TWXe x Your item was delivered to an individual at the address at 10:07 am on June 2, 2022 in MOORESVILLE, NC 28117. USPS Tracking Plus® Available v G Delivered, Left with Individual June 2, 2022 at 10:07 am MOORESVILLE, NC 28117 Got Updates v Text & Email Updates Tracking History C3ap , r 1u.uu o ❑r.�rawtiw+.r , sn nn o p w..+......e .._{y.ug._ C3 O.a�Mrwwrrrwao+.r r s.vry fSobT „� a, ry z-------- :mai.w:o-rc:,r.. ` 1q Wi June 2, 2022, 10:07 am t'1°o` r-S V r V c , Delivered, Left with Individual MOORESVILLE, NC 28117 Your item was delivered to an individual at the address at 10:07 am on June 2, 2022 in MOORESVILLE, NC 28117. June 2, 2022, 7:55 am Out for Delivery MOORESVILLE, NC 28117 June 2, 2022, 7:44 am Arrived at Post Office MOORESVILLE, NC 28117 June 1, 2022, 1:22 pm Departed USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER May 31, 2022, 11:42 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER Aor .� 11A 05/31 /2622 DCM WILMINGT".r' NC https://tools.usps.mrrdga/TrackConfrmAction?y1=1.12c3st'ya•MTQ2MD05NjQ3MS4xNJM5ND14MTce_g4_3NXP3C8SgV'MTYI OTESNDcwOS4x... 112 7130/22, 11:26 AM USPS.mm@ - USPS TraclangO Results May 31, 2022, 4:37 pm Departed USPS Facility CAROLINA BEACH, NC 28428 May 31, 2022, 4:34 pm Departed Post Office CAROLINA BEACH, NC 28428 May 31, 2022, 3:49 pm USPS in possession of Item CAROLINA BEACH, NC 28428 USPS Tracking Plus® Product Information l�I v See Less ^ m rya 2 O Can't find what you're looking fold 9- Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED AUG 2 3 2022 DCM-MHD CITY RECEIVED AUG 01 2022 DCM WILMINGTON, NC hops:/cools.asps.coMgofrrackConfinMGim?_g1=1'if2c3st'ye'MTQ2MDQ5NjQ3MS4xNJM5NDWMT¢'_ga_3NXP3C8S9V`MTY10TE5NDmOS4x._ 2!2 6/3122, 8.43 AM USPS.corrM- USPS Tracking® Results USPS Tracking' Track Another Package + Tracking Number: 70212720000016186630 FAGS RECEIVED A4" J022 DCM-MHD CITY Your item was delivered to an individual at the address at 2:48 pm on June 2, 2022 in OAK ISLAND, NC 28465. USPS Tracking Plus® Available ,/ G Delivered, Left with Individual June 2, 2022 at 2:48 pm OAK ISLAND, NC 29465 Get Updates u Text & Email Updates Tracking History CERTIFIED MAW Rer-EIPT m � „ l4'Itli , . • $3.75 _ 0<<G '-'4 Mrr•+aar+mmn r 1'.7 o 10 D..o�.�.rra.. . M EE esw o , «.w.. t__Sp,ga._ M1 y f. T-o c F G alL 741-1dbeak J--rjc"dA1,e ', ,rNa.. 4lo D1 E.Otjt w{f P. _ r nrrn June 2, 2022, 2:48 pm Delivered, Left with Individual OAK ISLAND, NC 28465 Your item was delivered to an individual at the address at 2.48 pm on June 2, 2022 in OAK ISLAND, NC 28465. June 2, 2022, 9:16 am Out for Delivery OAK ISLAND, NC 28465 June 2, 2022, 9:05 am Arrived at Poet Office SOUTHPORT, NC 28461 June 2, 2022, 3:52 am Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX June 1, 2022, 9:10 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX DCM NN-M!M TUN, NC hhps:/ttools.usps.waYgo?reckCoMrmAdlon?yl=1'dn37"*—ga'MTQ2MDQ5NjQ3MS4xNjM5ND41MTu*_ga 3NXP3C8S9V'MTYl ND12MDAzNi4xM_. 1/2 6W2, 8:43 AM USPS.comV- USPS Tracking® Results May 31, 2022, 11:42 pm Arrived at USPS Regional Facility CHARLOTTE NO DISTRIBUTION CENTER May 31, 2022, 4:37 pm Departed USPS Facility CAROLINA BEACH, NO 28428 May 31. 2022, 4:34 pm Departed Post Office CAROLINA BEACH, NO 28428 May 31. 2022, 3:48 pm USPS in possession of item CAROLINA BEACH, NO 28428 USPS Tracking Plus® Product Inforrnation Sae Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. 0' u v RECEIVED AUG 2 3 20"r1 DCM-MHD CITY RECEIVED AUG 01 DCM Wll.AA UCN, NC https:tAools.usps.con/go/TrackConBnnAc8on7y1=1'dn37xx•9a'MTQ2MDQ5NJQ3MS4xNjM5ND14MTu'_ga_3NXP3C8S9V'MTY1 NDI2MDAzNi4xM... 212 Location Map: 4602 E. Yacht (Ragan Docking Facility) 49 min (d,.5 127 Grdlnd Dr wanwy�w�. W 2d4(d > FOR" NCw iutl P Ca,d,uM p Ean to Minkel 51 ) The 11S74 W-Ma¢mtmhei".ItPkwyanCIS- 775toI15.176U55v&unswl County Take NC W5I E Yacht D, m Oak i;IaM 4602 E Ya CM A Oh ialm NC 2e it-_ RECEIVED AUG 2 3 NZ? DCM-MHD CITY RECEIVED AUG 01 ZOZZ DCM WILMINGTON, NC Page 1 of 3 (Existing Structures) Ragan Docking Facility May 30, 2022 Scale - 1:30 *Not a survey -R/C Waterbody Width: -380' Town of Oak Island NE 46" St. �N - - ------------------------------)stablished Pier Headline ------------------------ Existing Bulkhead/ 60' Shoreline Ragan 4602 E. Yacht -' C W 571yre Evsdng steoctures: Pier (4' x 78') Floating Dock (6.5' x 28') Fixed Platform (7' x 22') Fixed Platform (7.5' x 12') Boat Lift (12' x 13') CW Joyner/Hartman 4604 E. Yacht RECEIVED AUG 2 3 ZOZZ DCM-MHD CITY RgCEIVFD AUG 0' DCM WIL MIi.3TZON, NC Page 2 of 3 (Proposed Structures) Ragan Docking Facility May 30, 2022Scale - �� T *Not a survey ^ T `S W l� *Not a survey t11 VV VY ........_._._._.-._.-._.-.-•-.-•-.-•-•-•-_-•-.-•-.-•-,-.-,-.-,-._._._-_._._.-.-._._._._Established Pier Headline -R/C -3.16/ ® NLW 9' Off R/C I E F*2 #3 9'OffR/C -2.583 ®NLW #t i . ' Proposed Structures: • I Pier (5' x 86') -2.167 A NLW i Fixed Platform (9' x 13') Boat Lifts (2) (13' x 13) Floating Dock (6' x 261 I99 to 105' to ,USACE USACEi Setback Setback Waterbodv Width:-380, 1. CW ` -P/L Existing Bulkhead/ 60' Shoreline Town of Oak Island Ragan NE 4611 St. 4602 E. Yacht Joyner/Hartman 4604 E. Yacht RECEIVED AUG 2 3 2022 DCM-MHD CITY RF-CEIVED AUG 01 2022 DCM WIIMW(-, NC Page 3 of 3 E—y Cross Sectional Proposed Structures May 30, 2022 Removing existing docking facility and Scale: 1:10 rebuilding new facility. Ragan Docking Facility Al VV VV NLW Proposed Structures: Pier (5' x 86') USACE SETBACK Fixed Platform (9' x 13) Boat Lifts (2) (13' x 131 Floating Dock (6' x 26) 'ExistingBulkhe�cl90 -- I� ' -2.s63 (a nLW RECEIVED AUG 2 3 2022 DCM-MHD CITY RECEIVED AUG 01 2022 DCM WILMINGTON, NC B6Lf PLGf 0721 09I2 tk:.: . 1.%% . 1211 ckgt `TFSII" , 36 dTATE SF 1;'e FwA ESi6Ie TH. E'6fcFe%- t/il IIY.Tb ; a. 0 0 = r T. I.a�_-1"- -,O.w manna Ino 7 J paced IdbaOdarlM ...215 lA 022. _ .. __ _.... . . veei6ed bly .__. _..____--- ikmb wall ...f-__. dw a[ _...... ....... ........ Y ... _. ...... _--_.._...... _.. Mad alto reeerdtag b __....._.. _.._... _.._....____..__..._.......-�.____....._..._...._ _..... ...... Tb4 inatr.mest w ptapand br.. r5' - �T4%losy 11tio[ae)es PA -„lea 1012ja. Sap[fipor[, Be 28461_ Brill do all b.e We lads Itat 4 Blk 88 57 Triout.11 Harbour NORTH CAROLINA GENERAL WARRANTY DEED .1988 . by and beloam GRANTOR 1 GRANTEE DAVTD F. FATON AND WYE. NENDY A. EATON 409 Norton Street Yaupon Beach, North Car011na 28461 RONAI.D THOHAS RAGAN AND WIFE. YRRFSA Mi RAC,AN Route 5. lot 12 Nioninghls Road Chapel Kill. North Carolina 27514 Fain 1..pPasAau bi IY u[b joi — , Au-d. u ayP.ydaw, r4,.+.— � ea.nr. , W.. - r,.an.a'v. Tha doianatun Graabr sad drawee a ued herein Wall include uW yartiu, Weir be4a, avaumn, and uaitoa and AiAl include tiaaular. plural, mumliee, femlalpe or oaulet u required by contact. IwITItFSSiTN, tLat it, Granter. Tor a raluable rnuldenlivo paid by the Grantee. Ni receipt of whirb 4 hereby aalmnwJ.i bu and by line prurnta dvu 9—t, basal.. > 11 and mvor ueW the G.,. in fn rimple, all that certain lot 9T parcel of laud Awmd in the City of Inn, Beach .. _. , _ Smitbvfllc Tewochiy, Brunswick _ Covnb', NOfW Carolina and mere pardcelarty dcaerfUul u fellawa: All of lot 4. Block 88. Section 7, Tranquil Harbour, a sectieo of Long Beach, North Carolina. a map of vbich appears of record in Nap Book 5, at rage 70-70A, Office Of the Register of Deads of Brunswick County, said lot having the notes, bounds and location as shown on said cup. s5 TDTAI 8 urH $-____-� RECOVER AUG 2 3 N"t flCM-MHD (;ITY RECEIVED AUG 01 20?2 DCM WILMINGTON. NC 0721 D913 The yrelertr Lerelembove deetribed avY acquired by Grantor by lo.trumcvt recorded m _Rook 602, a q.P.age,. O43 Brunsud k County AegI try-,._„_ __ ........ ....... .y�.._.. _..._._...���...�..�.. ......__.. A map nbenrloa the above dearrioed W. aerie be rerneded lNNaaaa,fid a og S................. rR!D-70A TO HAVE AND TO HOLD the aforeuid lot or parcel of land and all petvllefee and appndeaavcra thereon be,ngma m the Greats in Ire eimpla Ana the Grantor c venanla with the Grantee, that Grantor is seised of the premiere in fee simple. hw the right to rutirey thr acme in fee llmplq that w,e is omrkriablr and Ira and dear of all emambranm, and the, Grantor, „ill ae-ere.et and defend the tine apainat the 6w10 elaime of all pm.Y mhomemar eaeapt for the Ynptina, bnh,afmr mead. Title m the property leroeiwbove described is subjret m the follo,rina eaceptio m: 1. Reatrieoions in Book 302. Page 562, Brunswick County Rexistry- 2. Ad valorefe taxes for the current year. 3. Easements and rights -of -way, of racord for utilities and rondo. 4. Subject to the right-nf-way, and easement for the Atlantic Intracoastal Vaterieny held by the U.S. C,votvmeet and gluing, of the State of North Carolina to lands below the mean high water line of the Atlantic Intracoastal waterway. Km a sow. Y,.—. eAe lWlemW-. . an W mafYnr. u. nne�y ,,, .,y,� game �a .I W rW Nm�n.. -m.nn .Y ,n W, - ne meMaY eelY,.Jja, a�em�yel.4�yIY 4.y�m{�mne Y Maw,- mr Yr e.e — �__ ..—. .._ ti_ �:=�tL�aC�-:•—R ....__...faieel a«le•w m..d — DAVID P. GIW w. o ` ..-- ......... arcs. wRtmT A. arpean S ---------------`-_..........._._.— m .._..-..... .t.w.�....Y_.__.._.aw.emm tcwmlr arm a / sptAi�iv oA•-,•• ware ueantu� _f�44vKafc�Fe�.___ _ b F: ti NE • I r .., ream, eeW esy eae amr YamYli .cram YLL ___..................... �..... on µOTC;^L t Cast 11AVI0 F. ..... AND WIFE---...._WENDT A. _l jlON ................. u.-__._-. dmr ,a to o4 V B L IG i bin) nw.d aY.e... area any W e•te.-weare w m.wY Y w IrgYe, s.mwYy�rmar '-�v. / f 5 .... W Yee W ewme Y u na. m _P_ ma A _�` s-......... --. e4a_nYe1 mpane cYOtdA,_. __ __ —. roe. ts meet, num Y W eeem„ W wan rYmYa emend mr—_-------- _........ ... -- ---- —._.. a Measq, r ev YM me me, an, W aYewaeom Wr Y w _ _Mee We r ------ ------- ...............__-._-_._-_-.__—_. a Yam tYmYe oneemuK W ....., eaemml may va1... eY m me a,e Y w eemem me Aennne he W .e...1.0 ........ ._._— t e•„Yee.t- eew. mlm W een,mae YY W weene an, lY. W Y1.eW mama r .W, We _. _.._W Yr._�• 0.._. YI eeWWre9we:---------------- Ymm wemea -• • RECEIVFI rw ,maws ueYmerW r __,_�. Catherin> AYIC errs-•,-j r_gdtlip._-_- Y. a1111et"MllmemandW4er„III,Wale.die,e1YyI.rWYYWrrWnerrYWMe,a_.—ma AUG 23 7 w 11 ' cis �Y F7�LrmrY. �mt�dt3d D.N. tJt1m 13 rod.' Y-__Anikl_ _s�ltm.._...__-- •---_.a.mw.�hr_YepYrYYfY DCM-MHV: , - i6 fd VED AUG 01 2L* f DCM WILMINGTUN, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Dimaor August 23, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, INC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(cDNCDENR. Qov SUBJECT CAMA Applicant: Ronald and Teresa Ragan Project Location: 4602 East Yacht Drive, adj. to the AIWW, Oak Island in Brunswick County Proposed Project: The applicant proposes to demo the existing docking facility and construct a new docking facility, increasing from two (2) to three (3) proposed slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cameron Luck at the address above by September 18, 2022. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7425 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 DATE 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. D Q� RECEIVED AUG 2 3 2022 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28,405 910.7%.7215 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: J3q'W-ri Fee: $ 1iI% p #'L/ I b CDAITS MHC cc _ Applicant RMW ..e wi Agent/Contractor: C% le1 �L` Project Site County. B w• iC Ic — Staff: T District: Wltmington Project Name: ( - Rover File: n1a River Basin: itial date of applica on submittal:ate application "received as complete" in the Field office: th /.3 a F Authorization: M CAMA LJ Dredge SITE DESCRIPTIONIPERMIT INF9RMAT10N ORW: EIYes GrNlo PNA: Lyres No Photos Taken: Yes ❑ No Setback Required (riparian): Wes ❑No Critical Habitat: [_]Yes LfNo ❑Not Sure 15 foot waiver obtained: MYes No Hazard allon Returned: �No� ❑Yes Il�`ro SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes WNG ❑ Not Temporary Impacts: ❑Yes No Sure Sandbags: ❑Yes 99No ❑ Not Sure Did the land use ciassificatiovIcome Mitigation Required (optional): from county LUP: ❑Yes o ❑Yes []No Moratorium Conditions: Environmental AjWsisment Done: Length of Shoreline: ❑Yes ❑No ❑NA [_]Yes ❑No [' NA FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- nosed P SECONDARY WATER CLASSIFICATION -OPTIONAL (choose MAX of 4) _� �❑ Future. Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ 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 altemiflora) cynosurondes) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Sdrpus ❑ CM Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) SalUmeadow, grass (Spartina roemerianus) patens) APPLICATION FEE / ❑ No fee required - $0.00 hd III(A) Private w/ D&F up to 1 acre; 3490 III(o) Pnv. public or Comm wr o&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ Ill(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ It- Public or commercial/no dredge $100 andfor fill-$400 ❑ I. Private no dredge and/or fill - $250 ElIII(C) Priv. public or comm w /D&F to 1 E - - acre; 4144 can be applied; DCM needs DWQ agreement - $400 DCM-MHD CITY 17 Applicant: i�A44 N Date: Z 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 New Work 0 Repi 77 �[L —�I Maint ❑ N Vv L New Work Replace 13 n Maint ❑ ❑ Y ❑ N 7 5 New Work Sr Replace IMaint ❑ ❑ Y ❑ N (] V�'j� , New Work Replace Maint❑ ❑Y El 1 (3L NewWofff I✓ 13 Man ❑rl( ❑Yace ❑N New Work El Replace Main,❑ ❑Y ❑N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [IN Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact _ temp impacts) impact amount) temp impacts amount) CDredge J ❑ Fill ❑ Both ❑ Other �J O �Q [,t' -Y ►Y►co Oedge ❑ Fill ❑ Both ❑ Other 04 (041 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dedge ❑ Fill CO Both ❑ Other ❑ 819-733-2293 :: 1.888-0RCOAST :: www.nccoastalmanaaement.net taJ AUG 2 3 2022 DCM-MHD CITY revised: 02126/18 Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 9/22/2022 Ronald Ragan same Truist 316 $250.00 major fee, 4602 E Yacht Dr, Oak PA rct. Island BrCo No Split 17549 i7 � T�1 N M M N Major Permit Fee Schedule Project Name: �(� CLV( Maly PWSfiM County:Aw-W k asoQ- M CheckN &Amount: 319 DCM % DWQ % Development Type Fee (14300150143510009316256253) (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public 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: Y ✓' III(A). Private, non-commercial development, if General Water Quality fl$25O 100% ($250) 0% ($0) Certification No. 4175 can be applietl: II I(B). Public or commercial development, d 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. IIIC)_ If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. RECEIVED AUG 2 3 ?0?? Page I of 3 (Existing Structures) Ragan Docking Facility May 30, 2022 Scale - 1:30 *Not a survcy Waterbodv Width: --380' Town of Oak Island NE 46' St. —R/C AIWW `tN -------------- Existing Structures: Pia (4' x 78') Floating Dock (6.5' x 28') Fixed Platform (7' x 22') Fixed Platform (7.5' x 12') Boat Lift (12' x 13') _.._ -CW CW 'l _ —P/l- Existing Bulkhead/ 60' Shoreline Ragan 4602 E. Yacht loyner/ltartman 4604 E. Yacht RECEIVED AUG 2 3 2022 DCM-MHD Clry RECMD AUG 01 2022 OCAI W!'_M1NaT^n' NC Page 2 of 3 (Proposed Structures) Ragan Docking 20Fac ity May 30 Scale _:30 AIWW - N survey `Not a _--- ._._._.----- .----- .----------------------- _F,dteb_lishcd_ Pier Headline —R/C —R/c 11,RACP SE 9'Off R/C I 9'0ffR/C • Proposed Structurr:s: • I Pier (5' x 961 Fixed Platform (9' x 13') Boat Lifts (2) (13' x 13') Floating Dock (6' x 261) I94YtO 105'to 1USACE USACE' Setback Setback Waterbodv Width: —3g0' i 1 Extsung Bulkhead/ 60' Shoreline Town of Oak Island Ragan NE 4e St. 4602 E. Yacht Joyner/Hartman 4604 E. Yacht RECEIVED AUG 2 3 2022 DCM-MHD CITY RECEIVED AUG 01 2C,," DCM WILMING-nN, NC Page 2 of 3 (Proposed Structures) Ragan Docking Facility May 30, 2022 *Not\� T Scale - 1:30 AIWW 1� *Not a survey Established Pier Headline -R/C -R/C 9' Off R/C ji1#2 9'Off R/C SETBACK #3 I Proposed Structures: • I Pier (5' x 861 Fixed Platform (9' x 13) Boat Lifts (2) (13' x 13� 99, ' US I Floating Dock (6' x 26') to 105'to USAGE USAGE' Setback Setback r CEIVE Waterbody Width:-380, 6 M2 BY. CW I i .._.._"CW -P/L Existing Bulk,, 60' Shoreline on EXlxtino R,.LL __ ,. Town of Oak Island Ragan Yacht Joyner/Hartman NE 46 St.g602 4604 E. Yacht RECEIVED AUG 2 3 2022 DCM40HD CITY RECEIVED AUG 01 2022 DCM WILMINGTON, NC U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-02368 County: Brunswick County U.S.G.S. Quad: Southport GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Ronald and Teresa Ragan Address: 4602 E. Yacht Dr. Oak Island, NC 28465 Size (acres) Nearest Town Oak Island Nearest Waterway Intracoastal Waterway River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude: 33.921954; Longitude: -78.114709 Location description: The dock will be located in Waters adjacent to the AIWW at 4602 East Yacht Drive, Oak Island, Brunswick County, North Carolina. Description of project area and activity: The proposal is to demolish an existing docking facility and construct a new docking facility, increasing from two (2) existing slips to three (3) proposed slips. The new docking facility will include an 86 feet by 5 feet fixed pier. The pier will extend from the bulkhead in a northerly direction, and terminate on a fixed platform (9 feet by 13 feet). Landward of the fixed platform, a gangway (parallel with shoreline) will provide access to a floating dock (6 feet by 26 feet) that will be oriented parallel with the pier. The western side of the floating dock will serve as slip # 1. The applicant also proposes to construct two (2) boatlifts ( each 13 feet by 13 feet), one on the eastern side of the floating dock (serving as slip # 2) and one on the eastern side of the fixed platform (serving as slip #3). The proposed docking facility will cover and shade approximately 1041 square feet of Estuarine Waters of the US and cover and shade 70 square feet of Coastal Wetlands. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344); Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: 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 and your submitted application and attached information and drawings dated May 30, 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 date 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 919- 807-6300) 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 (910) 796-7215. 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 Gregory Currey at (910) 523-1151 or Gregory.E.Currey@usace.army.mil. Corps Regulatory Official: ___________________________ Date: December 19, 2022 Expiration Date of Verification: December 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 our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/ Copies furnished by email: Ben Brink (CPG, LLC) Patrick Amico (NC DCM) Cameron Luck (NC DCM) Amanda Cannon (NC DCM) Holley Snider (NC DWR) Action ID Number: SAW-2022-02368 County: Brunswick County Permittee: Ronald and Teresa Ragan Project Name: Ragan Docking Facility Date Verification Issued: December 19, 2022 Project Manager: Gregory Currey 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: Gregory Currey 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 WWeb-NAV@usace.army.mil. 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 (910) 251-4633. 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 (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. 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. North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 910.796.7215 DATE: October 19, 2022 FROM: Holley Snider NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR #20221202 No Written Approval Required PROJECT LOCATION: 4602 E. Yacht Drive, Oak Island, Brunswick County Ragan Docking Facility PROPOSED PROJECT: Reconstruction of an existing docking facility to provide mooring for three (3) vessels The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request completed August 1, 2022 and received by this office on August 23, 2022. The waters of the Atlantic intracoastal Waterway in the project vicinity are classified as SA;HQW by the Division of Water Resources (DWR) and have been designated as Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). Please understand that the waters around your project area have been identified as Primary Nursery Area and the DWR supports the concerns and recommendations of the Division of Marine Fisheries and the Wildlife Resource Commission regarding dredging within these designated areas. Requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B .0222 which require that Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 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 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 910.796.7215 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 (919) 431-3000 for information.  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. Effective date: January 3, 2022 Signed this day: October 28, 2021 By _______________________________ S. Daniel Smith Director GC4497 Page 2 of 13 GENERAL CERTIFICATION COVERAGE: Activities that are eligible for US Army Corps of Engineers Wilmington District's Regional General Permit 197800056 qualify for coverage under this General Certification unless they meet one of the thresholds listed below. Activities meeting any one (1) of the thresholds or circumstances listed below are not eligible for coverage under this General Certification and require an Individual 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the conditions of this General Certification cannot be met; or b) Any permanent fill into, or modification of, wetlands and/or streams; or c) Activities that result in fill, dredging, or excavation of open waters except for maintenance dredging of less than 0.5 acres of open water provided that the areas are not dredged beyond their original depth and width; or d) Any stream relocation or stream restoration; or e) Any permanent impacts to waters, or to wetlands adjacent to waters, designated as: ORW (including SAV), HQW (including PNA), SA, WS-I, WS-II, Trout, or North Carolina or National Wild and Scenic River; or f) Any high-density project, as defined in 15A NCAC 02H .1003(3) and by the density thresholds specified in 15A NCAC 02H .1017, which: i. Disturbs one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); and ii. Has permanent wetland, stream or open water impacts; and iii. Is proposing new built-upon area; and iv. Does not have a stormwater management plan reviewed and approved under a state stormwater program1 or a state-approved local government stormwater program2. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs and projects that satisfy state or locally - implemented stormwater programs through use of community in-lieu programs require an Individual 401 Certification; or g) Any permanent impacts to coastal wetlands [15A NCAC 07H .0205], or Unique Wetlands (UWL); or h) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse, Tar-Pamlico, or Catawba River Basins or in the Randleman Lake, Jordan Lake or Goose Creek Watersheds (or any other basin or watershed with State Regulated Riparian Area Protection Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code in effect at the time of application) unless: i. The activities are listed as “EXEMPT” or “DEEMED ALLOWABLE” from these rules; or 1 e.g. Coastal Counties, HQW, ORW, or state-implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 3 of 13 ii. A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (DCM); or iii. A Buffer Authorization Certificate, Certificate with Exception, or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-214.23. In accordance with 15A NCAC 02H .0503(f), the Director of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project if it is deemed in the public’s best interest or determined that the project is likely to have a significant adverse effect upon water quality, including state or federally listed endangered or threatened aquatic species, or will degrade the waters so that existing uses of the waters or downstream waters are precluded. This General Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This General Certification neither grants nor affirms any property right, license, or privilege in any waters, or any right of use in any waters. This General Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This General Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this General Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials, DWR may inspect the property. This General Certification shall expire on the same day as the expiration date of the corresponding Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the pro ject, regardless of the expiration date of this General Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes the corresponding Regional General Permit or when deemed appropriate by the Director of the Division of Water Resources. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. I. ACTIVITY SPECIFIC CONDITIONS: 1. Canals or boat basins shall not be dredged beyond their original depth and width. The area shall not be dredged to a depth deeper than the receiving water. DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 4 of 13 Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 2. All dredge and/or fill material shall be placed on high ground and excavation shall not occur in Primary Nursery Areas. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife: secondary contact recreation: agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. II. GENERAL CONDITIONS: 1. The permittee shall report to the appropriate DWR Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the impacts (including temporary impacts); or beyond the thresholds established for use of this General Certification and Regional General Permit. Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 3. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 5 of 13 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b)(2); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 2 5 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 6 of 13 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area wit hin the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumul ative impacts. 7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 7 of 13 The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their Individual NPDES Stormwater Permit Number NCS000250. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. All work in or adjacent to streams shall be conduct ed so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (12) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 9. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 8 of 13 All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125 Justification: In order to protect against impairment of water quality standards and best usage of receiving and downstream waters, water quality based management practices must be employed to protect against direct or indirect discharge of waste or other sources of water pollution. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 10. In-stream structures installed to mimic natural channel geomorphology such as cross -vanes, sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of wat ers be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less th an or equal to 48 inches, to allow DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 9 of 13 low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72” in diameter/width and in area where topographic constraints dictate culvert slopes will be greater than 2.5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross-vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, in cluding supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip-rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 12. Bridge deck drains shall not discharge directly into the strea m. Stormwater shall be directed across the bridge and pre-treated through site-appropriate means to the maximum extent practicable (e.g. grassed swales, pre-formed scour holes, vegetated buffers, etc.) before entering the stream. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 10 of 13 structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 11 of 13 and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in-stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 17. Any rip-rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall cons ist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip-rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. Rip-rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Groins in Estuarine and Public Trust Waters and Ocean Hazard Areas) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. Citation: 15A NCAC 02H .0507(c); 15A NCAC 07H .1400 et seq. Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 12 of 13 the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 22. In accordance with G.S 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring wit hin 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short -term or long-term basis. DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9 GC4497 Page 13 of 13 23. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause w ater pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 24. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this General Certification. A copy of this General Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality General Certification to minimize water quality impacts. History Note: Water Quality Certification (WQC) Number 4497 issued October 28, 2021 replaces WQC 4132 issued December 1, 2017; WQC 4085 issued March 3, 2017; WQC 3883 issued March 19, 2012; WQC Number 3687 issued November 1, 2007; WQC Number 3624 issued March 19, 2007; WQC Number 3494 issued December 31, 2004; and WQC Number 3376 issued March 18, 2002. DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939-465216A3F5A9