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121-22 Newlin, Locke & Mary
Permit Number Permit Class 121-22 NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Locke and Mary �Newlin 9271 Peakwood Dr. SW Calabash, NC 28467 Authorizing development in Brunswick County adi to AIWW at 9271 Peakwood Dr. in Calabash , as requested in the permittee's application dated 4/14/22 (MP7 1 MP 4) including work plan drawings (4) Sheets 1-4 of 4 dated 7/16/22. This permit, issued on October 31, 2022 , is subject to compliance with the application (where rnnsictent with the nermit). all applicable regulations, special conditions and notes set forth below. Any violation tf these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe mutt anu vuiu. Docking Facility Extension 1) This permit authorizes only the pier extension, second gazebo, relocation of floating dock, 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 does not authorize any new formalized boat slips. The docking facility is authorized for no more than 2 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. wgnea 0y [me UUMUply UI UIC 0c. [aL ay V. •.+•�� •••••• •••� �•••••• of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Locke and Mary Newlin Permit No. 121-22 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 portion of the authorized docking facility shall extend more than one third of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. 5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 7) 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. 8) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 9) The authorized gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches are permitted. Lattice is specifically excluded from being used under this authorization. 10) The roof of the gazebos shall not be designed for second story use. 11) 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 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) 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. Locke and Mary Newlin ADDITIONAL CONDITIONS General Permit No. 121-22 Page 3 of 3 14) 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. 15) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the U.S. Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4497 and assigned the project DWR Project No. 2022-095 L 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 normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. lti''e — DCM Coordinator: I l �� Permit #: MAILING DISTRIBUTION SHEET 50 Cola' L Ar- 28'46�L Agents: �Vevt TGAnx LPL DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington 3.�ox� (OBJECTIONS ) US ACOE Offices: _;1� 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 Env ironmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines State Property: Tim Walton / Mike Moser i DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Robert Tankard — 401 Glenn Stewart - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Cuff ituck, 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: Locke & Mary Newlin PROJECT NAME: Newlin Docking Facility COUNTY: Brunswick LOCATION OF PROJECT: 9271 Peakwood Dr. SW, adj to the AIWW, Sunset Reach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-18-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Luck PUBLIC NOTICE REC'D: 7-24-22 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 10-1-22 HOLDS: MAIL OUT DATE: 7-20-22 PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: WILMINGTON FEE REC'D: $250#9583 END OF NOTICE DATE: 8-14-22 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 8-14-22 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 2 7- (a 514-3_ DCM - LUP Consistency Determination Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section DWR - Public Water Supply X nt ro�,wA4^A— DEMLR - Storrnwater DEMLR - Sed and Erosion DOA - State Property Office ee Wildlife Resources Commission �'�IZ'L i6tMt1�l� DMF - Shellfish Section ? Ar) DMF - Habitat & Enhancement y�j (yyyl DNCR- Archives&History 21 Z DNCR - Natural Heritage Program NCDOT NC Dept of Commerce 15 1b DW r,,4 DCM Coordinator: Cameron Luck County: 0 Permit #: WIRO E-MAIL DISTRIBUTION SHEET � 1 Circle on ®Rep Permit for: t I 1y Oversize Plans sent: �� 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 (mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: -4-iz-Hair( ntler & Carteret Co): PN, CL, Reports, Split Sheet use both ImingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet_ Wfeg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: W61ley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _+,gite -Sfl3€r - 401 (PN/ON - Surf City): PN, CL, Reports, Split Sheet _ Div of Water Resources: v, heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: vXim Harding DCM Planner/WiRO: ..1<Aike Christenbury Cultural Resources: t-Renee Gledhill -Earley Environmentat.Review@ncdenraov Natural Heritage Prog. fto��dney Butler_ DCA-Rural Eco. Dev: v4dark Ziegler NC DOT: Wildlife Resources: gfavid Harris _ `M a Dunn w/Reports State Property Office: Walton: DEED tke Moser_ Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: -- //anda �femy Humphrey (Bio) / Sharon Gupton, Admin. _ C��nnstine DEMLR: Hail - Stormwater Section _ Plan Sams - Land Quality Section Public Water Supply: V6idi Cox_ City of Wilmington: hnreteu =ram, Enforcement: , Field Rep: r'y riVIU� Co. LPO Agent: DISTRIBUTED: -� 1�Y RECEIVED JUL 27 2022 DCM-MHD CITY Updated 2/2Y22 CAMA/Shaun majors docs/e Agency List To: Cam Luck From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Locke and Mary Newlin, Sunset Beach, Brunswick County Date: November 1, 2022 Consistency Determination: This project is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes to extend an existing 2-slip docking facility to the newly established pier -head line at the Federal Channel Setback to access deeper water along the AIWW. The project is located at 9271 Peakwood Drive in Sunset Beach, 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; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Mainland Residential. In general, the Town of Sunset Beach allows development in Mainland Residential classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach 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 Sunset Beach Land Use Plan. Cc: File Recommendations for State Permit- Newlin Docking Facility Extension The square footage of the proposed docking facility is calculated as follows: Shoreline length=122ft. x 8 sq. ft. = 976 sq. ft. allowable. Existina: Access Pier (From NHW) _ --411' x 4'=1,644 sq. ft. (Credit) Open Platform with partial roof overhang (To remain) = 14' x 16' + 1' overhang = 249 sq. ft. Finger Pier = 6' x 24' =144 sq. ft. Total (Existine) = 393 so. ft. Proposed: Access Pier Extension = 4' x 74' = 296 sq. ft. (Credit) Gazebo (New) = 14' x 16' = 224 sq. ft. Finger Pier = 6' x 24' =144 sq. ft. Relocated Boatlift =14' x 14' =196 sq. ft. (Not Counted) Relocated Floating Dock = 10' x 16' =160 sq. ft. Total (proposed) = 528 sq. ft. Total Sit. Ft. for Dockine Facility = 921 sq. ft, The proposed development would provide docking space for a total of two (2) vessels. The proposed docking facility would extend 199' beyond the marsh to the established pier -head line between 9285 Peakwood Dr. SW and 9269 Peakwood Dr. SW. The proposed pier would extend to the edge of the USACE 80' Federal Channel Setback, exceeding the ''A width of the waterbody but not the 1/3' width. This distance would be CONSISTENT with NCAC 07I I.0208 (b)(6)(G) as well as the remaining use standards set forth in NCAC 07H .0208 (b)(6), including those which dictate the maximum allowable platform area, established pier length, the 15' riparian setback, and the Federal Channel Setback. RECEIVED JUL 27 2022 DCM-MHD CITY ROY COOPER Governor ELIZABETH S. BISER seererary BRAXTON DAVIS Direcror July 20, 2022 MEMORANDUM: NORTH CAROLINA EnvironmentarQuailty FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) ca m e ro n. l u ck(cD N C D E N R. g ov SUBJECT: CAMA Applicant: Locke and Mary Newlin Project Location: 9271 Peakwood Dr. SW, adj, to AIWW, Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. Please indicate below your agency's position or viewpoint on the proposed project and letum this form to Cameron Luck at the address above by August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. -Ihc4mm &-zt;v-Ag d PRINT NAIE (� A"ota- Wi G ak SIGNATURE DATE '44 �R North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 unrcss;cu,u kv—�m..u,vr,mr� 910.796.7215 State Property Office Tim Walton I Director Department of Administration August 4, 2022 TO: Cameron Luck, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 cameron.luckna),NCDENR.g-ov FROM: Wanda Hilliard' W pytOC *.t Q,� Real Property Agent Department of Administration Applicant: Locke and Mary Newlin Roy Cooper Governor Pamela B. Cashwell Secretary Project Location: 9271 Peakwood Dr. SW, Adjacent to the AIWW, Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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. b w; Mailing Location 1321 Mail Service Center 116 West.lones St. I Raleigh, NC 27603 Raleigh, NC 27699.1321 984-236-0270 T ncadmin.nc.gav ROY COOPER Govemor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director DATE: FROM: 41141xii NORTH CAROLINA Environmental Quality September 12, 2022 Holley Snider 1�S NCDEQ-Division Water Resources 401 Buffer Permitting Branch DWR #20220991 No Written Approval Required PROJECT LOCATION: 9271 Peakwood Drive SW, Sunset Beach, Brunswick County Newlin Docking Facility PROPOSED PROJECT: Extension of existing 2-slip docking facility to the established pier head line The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request completed July 18, 2022 and received by this office on July 20, 2022. The waters of the Atlantic Intracoastal Waterway are classified as SA;HQW by the Division of Water Resources (DWR). Please understand that the waters around your project area have been determined to be Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). The DWR supports the concerns and recommendations submitted by the Division of Marine Fisheries and the Wildlife Resource Commission regarding potential, direct and indirect, impacts associated with development in these designated Primary Nursery Areas. In accordance with the attached General Certification #4501 (GC 4501), the impacts described in your application do not require written authorization to utilize GC 4501. However, you are required to follow the conditions listed in the attached certification. You should also obtain and comply With any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. North Carolina DepertmentofEnvimnmenml Quality I Divisionof Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28805-5406 om:�w rt'ore'vb.wan� /"� 910.796.7215 DocuSign Envelope ID: 7AB8F9AE-0944-472F-9939.465216A3F5A9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4501 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS PROGRAMMATIC GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT ACT) Water Quality General Certification Number 4501 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 021-1.0500 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 Programmatic General Permit 198000291. 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 z Doeuftned by: for S. Daniel Smith Director ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 20, 2022 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA EnvironmenfalQuattry Cameron Luck, Assistant Major Permits Coordinator NCDEQ,rDivision of Coastal Management 400 Comfnerce Avenue, Morehead City, NC 28557 Fax: 2521247-3330 (Courier 11-12-09) came ron.l uck(cDNCDE N R. oov CAMA Locke and Mary Newlin 9271 Peakwood Dr. SW, adj. to AII4M! Sunset Beach, Brunswick County The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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 August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 when appropriate, in- depth comments with supporting data is requested. REPLY: _� This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 1" l a g I r AGENCY N C L e/0/n �✓f� SIGNATURE �� ✓ '6 I G1 (� DATE o s ZZ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension 1 Wilmington, North Carolina 28405 DEQS WNdnlYpp'F.1 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director July 20, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(aNCDENR.gov SUBJECT: CAMA Applicant: Locke and Mary Newlin Project Location: 9271 Peakwood Dr SW, adj. to AIWIN, Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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 August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 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 KilsL64; .� Yr DATE 08/16/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 2B405 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXPON DAVIS Director July 20, 2022 NORTH CAROLINA Environmental Quality C. Z2.D4. 24• 01 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) came ron.luck(ZD N C DEN R.aov SUBJECT: CAMA Applicant: Locke and Mary Newlin Project Location: 9271 Peakwood Dr. SW, adj. to AIWW, Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an e)isting'2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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 August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 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" 1/ 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 mo_n a: I _ 17W1 /\ AGENCY 14 C+.3 2-C SIGNATURE �>--1 DATE North Carolina Department of Environmental Quality I Division of Coastal Management ptfr��d�,in>> Wilmington office 1127 Cardinal Drive EMenslon I Wilmington, North Carolina 28405 �w�unmmme\ 910.796.7215 Received: 7/25/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 20, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality ER 22-1840 FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.l uckCa) N CD EN R. aov SUBJECT: CAMA Applicant: Locke and Mary Newlin Due: 8/2/2022 No comment — SBA 8/1/2022 Project Location: 9271 Peakwood Dr. SW, adj. to AIWVI% Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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 August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY SIGNATURE This agency has no objection to the project as proposed. "Additional comments may be attached"" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Renee Gledhill -Earley NC Historic Preservation Office �„y,Mrta�liwGP: ca,.� DATE 8/3/2022 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 July 20, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck()NCDENR.gov SUBJECT: CAMA Applicant: Locke and Mary Newlin Project Location: 9271 Peakwood Dr. SW, adj. to AIWW, Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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 August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 when appropriate, m- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins RECEIVED JUL 2 5 2022 AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality MP SECTION DCM MHD CITY SIGNATURE for Shannon Jenkins DATE 07/25/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 mn•��au.w.�ma�w� 910.796.7215 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director July 20, 2022 MEMORANDUM NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) Cameron Iuck(@NCDENR.gov SUBJECT: CAMA Applicant: Locke and Mary Newlin Project Location: 9271 Peakwood Dr SW, adj. to AIINW, Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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 August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY 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. Mark Brown Public Water Supply SIGNATURE fi`r� &* R VErMD .j, JL''�,.0 ,': ,L MP MQC OTION DCNDCWHNdf"CITE' DATE 7/21/22 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 oewm.n mYw.�m�wmv� 910.796,7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Locke and Mary Newlin PROJECT NAME: Newlin Docking Facility Extension 2. LOCATION OF PROJECT SITE: 9271 Peakwood Dr. SW adjacent to the AIW W in Sunset Beach (ET3), Brunswick County Coordinates: Latitude N 33°52'22.36" Longitude W 78°33'06.24" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/28/2022 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 6/22/2022 30 Day DWR Pre -file Deadline — 7/18/2022 Application Complete — 7/18/2022 6. SITE DESCRIPTION: Office - Wilmington (A) Local Land Use Plan - Town of Sunset Beach (ETJ) Land Classification From LUP — AFl (Agriculture Forestry) (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Private Docking Facility — Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned- N/A (F) Type of Structures: Existing - Single family residence, Two -slip docking facility Planned - Docking facility extension (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] nRpnnpn 17TT r Br% - vinnn (A) Uplands N/A N/A N/A (13) Vegetated Wetlands N/A N/A N/A (C) Open Water N/A N/A 1,020 (incorporated) orated (D) Total Area Disturbed: 1,020 sq. ft. (.02 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AI W W in Sunset Beach. RECEIVED JUL 2 7 2X12 DCM-MHD CITY Newlin Docking Facility Extension RECEIVED July 219 2022 PagePage 2 ------____—_--_-------------------------------------------------------------------------------- JUL27 2022 9. PROJECT DESCRIPTION DCM-MHD CITY The proposed project is located at 9271 Peakwood Drive in Sunset Beach (ETJ), Brunswick County. Existing structures on the 1.7-acre parcel including a single-family residence and an existing two -slip docking facility. Based on DCM records, State Permit No. 135-97 was issued on 10/23/97 for a two -slip docking facility that included a boatlift, floating dock, and gazebo. State Permit No. 135-97 authorized the docking facility to extend to the 80 ft. Federal Channel Setback but the docking facility was built approximately 88' short of the Federal Channel Setback. The southeast -facing property is located on a high bluff parcel approximately 16' above normal high water (NHW) and is vegetated with typical coastal -plain tree species. The property has approximately 122' of shoreline frontage along the southern edge and is stabilized with natural vegetation. Adjacent parcels to the east and west have residential structures and private docking facilities. To the north of the applicant's parcel is Peakwood Dr. No404-type wetlands appear present within the project area. High marsh primarily consisting of bulrush (Scirpus spp.) extends approximately 20' waterward of high ground and transitions to approximately 280' of sporadic mud flats and dense stands of Smooth Cord Grass (Spartina alternii lora). The width of the waterbody measures approximately 600' from marsh to marsh in the vicinity of the existing docking facility. The waters of the AI W W are classified SA by the Division of Water Quality and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80 ft. Federal Channel Setback to access deeper water along the AIWW in Sunset Beach. The applicant proposes to attach a 4' x 74' access pier to the waterward end of the existing 14' x 16' fixed platform. The proposed access pier would extend southeast approximately 61' before reaching a 6' x 24' finger pier extending to the east. The proposed finger pier would lead to a gangway and a relocated 10' x 16' floating docking, oriented perpendicular to the channel (Slip 1, Sheet 2 of 3). A relocated open boatlift would be expanded from 12' x 14' to 14' x 14' and would be installed to the west of the proposed 10' x 16' floating dock (Slip 2, Sheet 2 of 3). The proposed relocated floating dock and boatlift would terminate at the established pierhead line located at the landward edge of the Federal Channel Setback. The proposed access pier would continue southeast for approximately 13' and terminate with a proposed 14' x 16' gazebo at the landward edge of the Federal Channel Setback (Sheet 2 of 3). The total length of proposed pier extension is approximately 88' from the existing docking facility. The existing 12' x 14' boatlift and existing 10' x 16' floating dock (Slip 1 & Slip 2, Sheet 1 of 3) would be relocated from an area of insufficient water (<-1.0' NLW when adjusted, Sheet 1 of 3) to an area with sufficient water depths for access throughout the tidal cycle (Approximately -3.98' NLW when adjusted, Sheet 2 of 3). The property has approximately 122 linear feet of shoreline and the proposed design appears to remain within the applicant's area of riparian access; no waivers would be required for the proposed project and no waivers were obtained by the applicant. The applicant's design extends waterward of the '/. width limit, terminating at both the 1/3 width and the landward edge of the USACE Federal Channel Setback. The applicant proposes to extend to the pier -head line established between 9269 Peakwood Dr. SW (State Permit #77-20) and 9285 Peakwood Dr. SW (State Permit # 61-22). The applicant states that extending the docking facility to the landward edge of the USACE Federal Channel Setback would allow him to reach navigable water depths throughout the tidal range and minimize soft -bottom impacts to the Primary Nursery Area (PNA). Water depths Newlin Docldng Facility Extension July 21, 2022 Page 3 measured by DCM staff in the existing boatlift location (Approximately 1/4 width of waterbody) ranged from -0.5' NLW to -1.0' NLW. Water depths taken by DCM staff at the established pier head line (Federal Channel Setback) ranged from approximately -3.5' N1.W to -4.0' NLW. As proposed, the docking facility would extend approximately 199' from the edge of Coastal Wetlands to approximately 33% of the waterbody width. 10. ANTICIPATED IMPACTS The proposed docking facility would result in the incorporation of an additional approximately 1,020 square feet of Estuarine Waters and Public Trust Area. As proposed, the docking facility would be located in an area with water depths ranging from -3.5' NLW to -4.0' NLW within a Primary Nursery Area. The proposed development would be located outside of the adjacent 15' riparian corridor setbacks on both sides and would be constructed outside of the USACE Federal Channel Setback. Extending the existing docking facility to the 1/3 width of the waterbody would have negligible impacts on navigation since the shoreline opposite from 9271 Peakwood Dr. SW consists entirely of Bird Island Reserve, owned by the State of North Carolina and the pier would be between two other piers that already extend to the USACE Federal Channel Setback. According to the applicant, turbidity associated with the piling installation would be kept to a minimum. Submitted by: Brendan Brock Date: July 21, 2022 Office: Wilmington RECEIVED JUL 27 2022 DCM-MHD CITY Project Narrative: 9271 Peakwood Dr. SW Calabash (Brunswick) Newlin Docking Facility July 11, 2022 The applicant is proposing to relocate the water dependent structures of his docking facility approximately 88' waterward. This proposal would relocate the 1 existing boatlift just landward of the USACE setback in the AIW W. A pier extension would be installed along with a fixed platform (with roof coverage). The design would match the existing docking facility shifted further waterward. The proposal includes a fixed platform with 14' x 16' roof dripline dimensions. The existing floating dock (10' x 16') would also be relocated just landward of the USACE setback. Mr. Newlin is proposing to match the established pier headline as permitted under CAMA No. 61-22, CAMA No. 62-22, and CAMA No. 77-20. Mr. Newlin had an existing major permit CAMA No. 135-97 which was issued on 10/27/1997 for a 2 slip docking facility. Existing Structures: Pier (4' x --41 F) Fixed Platform (6' x 24') Fixed Platform (14'x 16) Roof over Platform (12' x 13') Proposed Structures: (Relocated) Floating Dock D (10' x 16) (Relocated) Boat Lift E (14' x 14') Fixed Platform (6' x 24') Gazebo (14' x 16') Roof Dripline Dimensions Pier Extension (4' x 74') • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • Me project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. '?,eCIt. °g RECEIVED JUL 27 :"'J22 DCM-MHD CITY OCM MP-1 APPLICATION for Major Development Permit (last ravlsed 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name / nri Project Name (if applicable) Ne"lin Applicant 1: First Name MI M Last Name U0c1(.2 or Applicant 2: First Name WA�/i MI Last Name N/fi Hadddinnal applicants, please attach on addiUvnelpage(s) with names Rated. Mailing Address 9271 Peakwood Ur. SW PO BOX rAY Calabash NC ZIP 28467 ' USA Pit" No. 910-579-4626 FAX No. N/A Street Address (d different from &bore) N/A qly state ZIP N/A N/A N/A EmaR lockenewlinQyahoo.com 2. AgenNContractor Information Business Name . CPv, LL C, RECEIVED Agent) Can t: First Name Q Ml 8 Last NN" B rift k JUL 27 2022 C7w Agent/ Ccntrrretor 2: FW Im M' Lest Name DCM-MHD CIT WA 0/4N/r� Mailing Address N/,� PO Box CRY -I Cat-alila i3eacv� state N C_ ZIP 2gyZB (.1�,4 9Io ne 3o2_5725�// PltarejJ2/�- ontraaarr FAX No. N/ cNIA SUeal Address (d different from above) Email 1 �(S)r—ap sea I;-m ,tuy.CWM <Form continues on back> 3I314 2 2 20 _72-606-28011 .. 1 BOB-4RCOAST .. www.ncroas Lrlmannyomen[.nct Form DCM MP-1 (Pap 2 of 4) APPLICATION for Major Development Permit 3. Project Location Courtly scan bSW L� fV� Street Address gT7I Peakleead Df, 11\ Stator Rd. If ^ Name Subdivision Na 0. cityy Calabash State NC Zip 28467 Phone No. 910-579-4626 Lot N046) (X many, attach additional page with fist) Parcel ID 2550002701 a. In which NC river been is the project located? b. N of body of nearest to proposed project /water W W Lumber= C. Is the water body Identified in (b) above, natural or manmade? d. Name the cl selst major water body to the proposed project site. Natural ❑Manmatle ❑Unlmown A, V" e. Is proposed work within city limits or planning junadiction7 f. If applicable, list the planning jurisdiction or city limit Ne proposed �Yas ONO work falls within. Sunset Beach Es Desc!,,n l length of he tract (ft.) b. Size d entire tract (sq•fL) 75,358.8 sq. ft. 12 of individu358.8 s ft. / 1.73 acres d• Approxinate elevationof tract above NHW (rlormd high wafer/ or9 NWL (normal water level) any lot sizeaWsamal peg" with a Ilad]6' [Men4raft 1HW or ❑NWL tation on tranicured lal shrubs, pines, hardwoods. Marsh has spartina emiflora. I.teshsasardusesnowontreet RECEIVED Single family home with pier to existing docking facility. W2 g. Identify and describe the ondsttitg Wildness, adjacent to Bra proposed project she. DCM-MHD CI Single Family Homes with existing docking facilities h. How does local government zone the tract? i. Is the proposed Project consistent with the applicable zoning? AM (Attach zoning compliance certificate, if applicable) [-]yes ONO )DNA J. Is the proposed activity pad of an urban waterfront redevelopment proposal? ❑Yes No k. Has a professional archaeological assesament been done for the Iraq? If yea, atleeh a copy. ❑Yes ONO, ONA If yes, by esrom7 i I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No A National Register listed or eligible properly! <Form continues on next page> JUN 2 2 2022 Y 252-a0a.2808 .. 1.888.4RC0AST .. www.ncco.Is L:rlm:rnayemeur.8- Form DCM MP-1 (Page 3 of 4) M. (i) Are there wetlands on the site? APPLICATION for ' Major Development Permit "K ❑�No� (ti) Are there coastal w/` wetlands on the site? es (fit) if yes to either (k) or (ii) above, has a delineation been conducted? ❑�Y,K XNo (Attach documentation, ravailable) n. Describe existing wastewater treatment facilities. Lo.Desoihe axisangdrinking water suppty south,. tAY'S, (o Describe existing atom water management ortreatment syabms. N/A 5. Aedvftiw and Impacts --1 a Will the protect be for commercial, pubic, b. Give a brief d[e%soriplion of Praporse, u/se, and daily operations of the project when complete. r llpGitr 01 f I �h11�Cj �f CfeAllio 4 f &Ue 6f— &Cklil CIIt c. Desrstbe the popes,, con/ slrucaon methodology. W" of constnstim Oqu of equ¢ment end where it is to be stored, �aH yo used during construction, the number of each type Standard marine techniques for piling installation. Work from barge. d. List all devebpment activities you Propose. (Relocated) Floating Dock (10' x 16') (Relocated) Boat Lift (14' x 14') Fixed Platform (6' x 24') Gazebo (14' x 16') Roof D ipline Dimensions e, Are the Pier Extension (4' x 74') proposed acGviaes maintenance of an existing poject, new k, a p wor L What is the apProximste total disturbed land area tir5himed Proposed project? g. Will the prcpoead project encroach on an that me public has established us, of? y Pubic easement, Public accesswe other y or area ❑Ye h. Describe locetlen and type of axistlng end proposetl largedlsc 0/1� s to waters of the state. i. WAdI wa5tewater or abmywaler ba �s - charged Into a weea.,.w isich arged Is them wtll this mitigation proposed.? the Same salinity as me receiving waters ❑Yes �o ❑NA I. s erere an mir Oyes ❑No A If yes, attach a mitigation proposal l-- - - — h7YK ONo NA "Fort" continues on back> JU �ss.aoa-zeoe 1.gaa.4 RCOAST or Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additionallnformation ---- __� In addition to this completed application form, (MP-1) the following items below, an icable, must be su6m& in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required 'items below. a. A project narrative. It. An accurate, dated work plat (inUudirhg plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. G. A site or location map that is sufficiently detailed to guide agency personnel unfamdiar with Iha area to the site. d. A copy of the deed (with state application orgy) or other insWmenl finder which the applitanl ctaims life ro Me affected ro p parties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit constraints on the proposed project to the Division of Coastal Management. Name Carol and Charles Walters Jr. Phone No. Address PO BOX 7838 Ocean Isle Beach, NC 28469 910.443-1264 Name Rebecca and Larry Spainhour Phone No. Address 9285 Peakwood Dr. SW Calabash, NC 28467 843-902-7788 Name Phone No. Address g. A Net of previous state or federal pemdts issued for work on the project tract- Include permit numbers, permittee, and issuing dales. CAMA No. 135-97 issued to Locke Newlin on 10/23/1997 h. Signed consultant or agent authorization form, if applicable. i Wetlantl de6heation,'rf necessary, I• A signed AEC hazard, for projects in oceenfront and inlet areas. &*rice be ( signetl6ypoperty owner) k A public kinds compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-t O), if necessary If the project irivolves expenditure N public krltls or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. no Permission to Enter on Land - mat any permit issued in response to this aPyluCanon will allow only the development described The Project will be subject to the conditions and restrictions contained in the permit. in the application. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certi t th ftrmation PP Provided in this application is truthful to th at of ply knowledge. Date FF �- ttt Print Name L.(y� (;i J Signature !;' Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-5 Bridges and Culverts CM MP-4 Structures Information RECEIVED JUL 27 2022 DCM-MHD CITY L 2''hhUU-28Ua 1.888.4RCOAST Qv •. wrww.nc coastalman:•. cun•a.. h:. Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/manna: ❑Cornmercial ❑Pubuc(Govemmenl��tPJCommunity c. (i) Dock(s) and/or piers) (h) Number 1 (iii) Length 74' (iv) Width 4' (v) Floafing ❑Yes gNo e. (i) Are Platforms included? Wes ❑No If yes: (ii) Number 2 (lil) Length 16, 24' (iv) Width 10' 6' (v) Floating Eyes ryNo Note: Roofed areas am calculated from dripline dimensions. g. (i) Number of slips proposed 0 (it) Number of slips existing 2 i. Check tit, pmposeo type cf sding: ❑ Land cut and access channel ❑Open Water: dredging for basin andior channel Open water, no dredging required Other, please describe: k. Typical boat length: 0 5 r ❑This section not applicable b. (i) Will th facility be open to the general public? ❑Yes }(INo d. (i) Am Finger Piers included? ❑Yes ' Flo If yes: (II) Number _ (iii) Length (Iv) Width (v) Floa [-]Yes `❑NO f. (1) Are BoatlALs included? 1�JYes ❑No If yes: � /\ (ii) Number _ (ili) Length 14' (iv) Width 14' h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies r Dockage ('Wet slips') only, number of slips: 2 ❑ Dry storage; number of boats: _ ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g.. opbftFmQF llr: F D charter boats, sail IbTts, mikad types). n rUi+OI'r�to tl" JUL 27 2022 DCM-MHD CITY I. (!)Will the fa �t a open to the general public? m. (i) Wit I a fa Ndy have ue pilings? ❑Yes \ uyus No JUN 2 2 2022 I..) II y s rournbur of be pilings? 52-808-2a00 :: 7-aea� RCOA%T :: ww`,nCeeatslalmannw�..,__. Form C'CM FIFV-4 (Structures, Pave 2 of 4r Z UMKING PAGUMMAMNA OPERATIONS a. Check each of the following sanitary facilities that Will be Inducted in the proposed project. El Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpoul; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. G. Describe the disposal of solid waste, fish offal and trash. d. How will overboard AaC11Brye of eawapa from boat be ContoIW? e. (1) Give the location and number of "No Sewage Discharge" signs proposed. (d) Give the location and number of -Pumpout Available' signs proposed. section not aporaw f Describe the special design, if applicable, for contalNng industrial type pollutants, such as paint, sandblasting waste and petroleum products 9. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers aid No Wake" signs proposed. i. Give the location of fuel handling faptl��nies, and describe the safety measures planned to protect area water quality. RECEIVED J. What wis be the k. Describe design �i I. If this mole./t is: overnight and live -aboard dockage? mat promote Doer basin ttuslting? UUL 27 2022 -- nnaa MI r" 'ITY expansion of an existing manna, what types of services we currently provided? 252.006.2a00 :: t"rlaa-dRCOAST r www.grcu.i Zfatman"ement.nel 21W L i revi 12 ; Form DCM MP-4 (Structures, Page 3 of 4) m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes []No n. Is the rrtannaldocking facility proposed within or adjacent to any sheilfi arvesting area? Dyes ❑No o. Is the mannaldocking facility proposed within or adjacent to (SB), or other wetlands (W L)? If any boxes are check ❑CW _ ❑SAV ❑SB ❑WL _ []Nor* wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom the number of square feet affected. p. Is the proposed mamaldocking facility b fed within or within dose proximity to any shellfish leases? []Yes []No If yes, give the name and acidness oft leasehdder(s), and give the proxmily to the lease. 3. BOATHOUSE (including covered hRs) not applicable a. (I) Is the boathouse structure(s): ❑Commercial ❑PubliclGovemment ❑PdvetelCommurdty (n) Number (iii) Length (rv) Width Note: Roofed areas am carctirated Imm dapirne dimensions. 4. GROIN ( e. 9. wood, shoelpde, etc. If a rock groin, use MP , Excavation arid Fill.) This section not applicable a. (i) Number (i) Length (iii) Width 5. BREAKWATER (e.g., wood, sheefpile, a .) This section riot applicable) a. Length b. Average distance from NNW, My. or wetlands c. Maximum distance beyond NHW, NWLpr wetlands 6. MOORING PILINGS jil BUOYS a. Is the structure(sy -- ❑Commercial ❑Pu ovemment ❑pdverercrm ,,y c. Distance to be pla beyond shoreline _ Note: This shout be measuredaom marsh edge, i/present. e. Are of the swing riot applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) REC JUL 21 2022 JUG �� �p21 DUm-(,AHD CITY Z52-808-2808:r11-861111-41RCOAST :: www.nceomblmanagemenl_nni rr+i:.o�:'- -n c „,,. •�(a� P."�` (Structures, page 4 of 4) 7. GENERAL a. proximity of structure(s)to adjacent riparian property lines -42' and —37' Note: Forbuoy or mooring piling, use arc of swing including length of vessel. c. Width of water body - 600' 8. (i) Will na . atlonal aids be required as a result of the project? []Yes No ❑NA (it) 8 yes, explain what type and crow they will be implemented. proximity of structure(s) to adjacent docking facilities. _75' d. Water depth at waterward end of structure t NLW NWL —3 46, ® Q L W 8. OTHER _— []This section not appfim l a. Give complete description; Existing Structures: Pier (4' x--411') Fixed Platform (6' x 24') Fixed Platform (14' x 16') Roof over Platform (12' x 131) Proposed Structures: Relocated) Floating Dock (10' x 161) (Relocated) Boat Lift (14' x 141) Fixed Platform (6' x 241) Gazebo (14' x 16') Roof Dripline Dimensions Pier Extension (4' x 7N) Date project Name % . . �o�� l Applicant Name � Applicant 5igrta(ure _ RECEIVED JUL DCM-MHD CITY Y52-608.2808 :: 1.888.4RCOAST :: www.necoaslalmaeag�y..onLnur ,,..; i.,,,d. : 771o3 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director SENT VIA EMAIL Locke Newlin Jr. c/o Ben Brink (CPG, LLC) 9271 Peakwood Dr. SW Sunset Beach (ETJ), NC 28467 SENT VIA EMAIL NORTH CAROLINA Environmental Quality July 21, 2022 RE: CAMA Major Development Permit Application — 9271 Peakwood Dr. SW Dear Mr. Brink: The Division of Coastal Management hereby acknowledges receipt of your application, for State approval for the extension of an existing docking facility, located at 9271 Peakwood Dr. SW, Sunset Beach (ETJ), Brunswick County, NC. It was received complete on July 18t', 2022 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 1 n, 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 July I9th, 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 1 I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Brendan Brock RECEIVED Field Representative cc: Cameron Luck, MHC Katie Atkins, LPO WIRO DCM JUL 2 7 2022 USACE Holly Snider, DWR Locke Newlin Jr., Applicant DCM-MHD CITY North Carolina Department of Enviranmental Quality I Division or Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I W imington. North Carolina 28405 °'°^ 910.796.7215 NOTI(011144A CAMA PERMIT APPLIED FOR EJECT Applicant proposes to extend an existing mo ( slip docking facility to the established vier head water at 92-71 Feakwood Dr. , a Sunset Beach, Brunswick County. in m COMMENTS ACCEPTED THROUGH Alygust 14, 2022 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Locke and Mary Newlin 9271 Peakwood Drive SW iv. O OaS a anagemen a a as , N46 Z54bT 1 ar ina r. x . A9ent.• CPG, LLC i ming on, clo Ben Brink Brendan Brock (910) 302-5725 NORTH CAROLINA July 20, 2022 GanLegPubNotices@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Locke and Mary Newlin Hello: Please publish the attached Notice in the Sunday, July 24, 2022 issue. ROY COOPER lio.rmw ELIZABTH BISER S-Mlan BRAXTON DAVIS U1rcMnr. Divamn n/('wlSral Alam�•marr The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Piedla at the NC Division of Coastal Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. "ev,10-00 Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE RECE!elw-D JUL � 7 State of North Carolina I E vr...W Qdity 1 Coutd Managwmt 127 Cudintl Drive F> .Wilmia&t NC 29405 9197967215 DCM-MHO CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permit in Areas of Environmental Concern as designated under the CAMA: On July 21, 2022, Locke & Mary Newlin proposed to extend an existing two (2)'s4p dockingfacility to the established pier -head line & 80' Federal Channel Setback to access deeper water at 9271 Peakwood Dr. SW, adj. to the AIWW in Sunset Beach, Brunswick County. Copies of these applications can be examined or copied at the office of Brendan Brock N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 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 August 14, 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. RE!CF"FO JUL II ". I DCM-MHO CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Locke Newlin Jr. Mailing Address: 9271 Peakwood Dr. sw Phone Number: Email Address: I certify that I have authorized Calabash, NC 28467 910-5794626 lockenewlin@yahoo.com CPG,LLC Agent i Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: docking facility --modification at my property located at 9271 Peakwood Dr. SW in Brunswick County. l furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Locke Newlin Jr. Print or Type Name Property Owner Title 2022 Dale This certification is valid through �/ 1 2023 RECEIVED IJUL 27 DCM-MHD CC; .` SUN g2611 pe4wookwa{ e"li N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner. Q �I ,r� / Address of Property: 1 Z7 PP,qkwagp� -41 Slot) C t104Xar4 Ne udir. I Laf,�C(, �ICuI�n Mailing Address of Owner. Owner's email. I0Ck8/1<,4^ ®�w'�•�Ownees Phw it - 579- yG Z( Agents Name: CPG, LLC (Ben Brink) Agent Phone* 910-302-5725 Agents Email: ben@coastalpermitguy.com 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 for this 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. :rBICE1at[,;t 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 29405-3945. DCM representatives can also be contacted at (910) 796.7215. No response is considered the same as no objection if you have been noted 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 16 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 sion the appropriate blank below.) I DO wish to waive some/all of the 15' setback -0R- Sgnature of Adjacent Riparian Property Owner P do not wish to waive the 15' setback requirement (ig I the blank) CEW, Jr V- -Signature of Adjacent Riparian Property Owner. z Typed/Printed name of ARPO:ckurl.tSn ahrs-� Tr , r/ Mailing Address of ARPO: PQ 69X 793$ t/(.tltn� Beall K ny&f r tlucksnysanhggmalLcorn 910-443-126 ARPO's email: ARPO's Phone#: 4 Date: Jun 18, 2022 'waiver is valid for up to one year from ARPO's Signature' Revised July 2021 RECEIVED §uN 'JUL 27 2022 DCM-MHD CITY Walters APO Final Audit Report 2022-06-18 Crealea: 2022-W 17 By: Ben Bnnk (bM0caasta1permeguy,.) SWW.: slgn" Transaction ID: CBJCHBCMHAAXGkR2cg5-WorXILF1_)'EBvU88_dXMU "Walters -APO" History r� Dowmenl created by Ben Brink (ban@coastalpermitguy.00m) 2022-W17 - 5:0r:33 PM GMT- R aedess: 97.87.79.86 04 Document emailed to eddie@sunseglroperties.travel for signature 20724)6-17 - S:WW PM GMT f�J Email viewed by eddie@sunsetproperfies.travel 2022 18-2:45:37 PM GMT- IP cede= 104.28.39.152 ✓o Document esigned by Charles E Walters Jr (eddie@sunsetpropedes.travel) Sigrewre Date: 2022-0618- 250i13 Pk/ GMi - Thre swrtc: servo- IP atl .: 70.40.83218 (4) Agreement completed. 2022-0 18-2:50A3 PM GMT JON 2 2 202 RECEIVED JUL 27 blZ DCM-MHD CITY 6/21122, 8:15 PM USPS.com® - USPS Tracking® Results USPS Tracking® Track Another Package + Tracking Number. 70212720000016186654 Your item has been delivered to an agent for final delivery in CALABASH, NC 28467 on June 21, 2022 at 3:45 pm. USPS Tracking Plus® Available v G Delivered to Agent for Final Delivery June 21, 2022 at 3:45 pm CALABASH, NC 28467 Get Updates v Text & Email Updates Tracking History June 21, 2022, 3:45 pm RECEIVED Delivered to Agent for Final Delivery CALABASH, NC 28467 Your item has been delivered to an agent for final delivery in CALABASH, NC 28467 on June 21, 2022 at 3:".2 7 202Z June 21, 2022, 9:14 am DCM-MHD CITY Out for Delivery CALABASH, NC 28467 June 21. 2022. 9:03 am Arrived at Post Office OCEAN ISLE BEACH, NC 28469 June20,2022 In Transit to Next Facility June 18, 2022, 7:05 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX FAQs ) Remove X 02 https:/ttools.usps.com/go/TrackConfirmAction?_gl=1.70txrg•_ga'MTQ2MDQ5NjQ3MS4xNJM5ND14MTcz"_ga_3NXP3C8S9V'MTY1 NTg l Njg5OC4xN... 112 6/21122, 8:15 PM USPS.com® - USPS Tracking® Results June 18, 2022, 11:09 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX June 17, 2022, 1021 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER June 17, 2022,1226 pm Departed Post Office KURE BEACH, NC 28449 June 17, 2022, 11:34 am USPS In possession of item KURE BEACH, NC 28449 USPS Tracking Plus® Iv Product Information See Less ^ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED JUL 27 210""t DCM-MHD CITY 2'b 7P hnps://tools.usps.mWgo/TrackConfimAction4yl=1.70tKrg'_ga•MTQ2MDQ5NJQ3MS4xNjM5ND14MTcz'_ge_3NXP3C8S9V*MTYl NTgl NjgSOC4xN... 2/2 621122. 8:16 PM USPS.mm® - USPS Tracking® Results USPS Tracking Track Another Package + Tracking Number: 70212720000016186647 FAQs > Remove X Your item arrived at the OCEAN ISLE BEACH, NC 28469 post office at 4:45 pm on June 21, 2022 and is ready for pickup. USPS Tracking Plus® Available v Available for Pickup June 21, 2022 at 4:45 pm OCEAN ISLE BEACH, NC 2a469 Get Updates v Text & Email Updates Tracking History June 21, 2022, 4:45 pm Available for Pickup OCEAN ISLE BEACH, NC 28469 Your item arrived at the OCEAN ISLE BEACH, INC 28469 post office at 4:45 pm on June 21, 2022 and is ready for pickup. June 21, 2022, 9:03 am Arrived at Post Office OCEAN ISLE BEACH, INC 28469 June 20, 2022 In Transit to Next Facility June 18, 2022, &58 pm Departed USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX June 18, 2022, 11:45 am Arrived at USPS Regional Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX RECEIVED JUL 27 2022 DCM-MHD CITY u W. https://tools.uses.mm/go/TmckConftrmAction7_gl=1'ih7l6d'-9a'MTQ2MDQ5NjQ3MS4xNjM5ND14MTcY_(4a_3NXP3CBS9V*MTYl NTg 7 Nig5OC4xND... 1/2 6/21122, 8:16 PM USPS.com® - USPS Tracking® Results June 17, 2022, 10:12 pm Arrived at USPS Regional Facility CHARLOTTE NC DISTRIBUTION CENTER June 17, 2022, 1226 pm Departed Post Office KURE BEACH, NC 28449 June 17, 2022,11:34 am USPS in possession of item KURE BEACH, NC 28449 USPS hacking Pluse Product Information u See Less n T mm 6 Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs RECEIVED JUL 27 2022 DCM-MHD CITY https://tools.usps.00mtgo/TmckCmfirmAction?_gl=1•ih716d'_ga'MTQ2MDQ5NjQ3MS4xNjM5ND14MTcz'_ga_3NXP3C8SSV•MTY1 NTgl Njg5OC4xND... 212 -t-. a: t 0 Complete items 1, 2, and 3. 111111 Print your name and address an the reverse so that we can return the card to you. ■ Attach this card to t►- , _ Lailplece, 1. Article Addresszti... cltr r 1111111111111 IN 1111111111111111111111111111111 95909002 6097 0125 5026 55 2. Article Number (Transfer from service 7021 2720 0000 1618 Ps Form 3811, .duly 2015 PSN 7530-02-000-9053 A. Signature X 1.-5 B. Received by (Printed Name) N1t C-"[ 4 v V (Z I 11 Agent I © Addressee C. Date of Delivery l D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: p No 3. rvice Type duit Signature ❑ Adult Signature Restricted Delivery ❑ Certified MailS ❑ Certified Mail Restricted Dellvery Li Collect on Dellvery ❑ Collect on Delivery Restricted Delivery n.1-- —A .i-a 6654 Restricted Delivery u 0RBCBIvED C m m JUL'02 2022 n N p Qc" "" '.4tiNGTON, NC � v ❑ Priority Mal I Express® ❑ Registered MailTm ❑ Registered Mail Restricted Delivery ❑ Return Receipt for Merchandise • Signature Confirmation rm ❑ Sigratum Confirmation Restricted Delivery Domestic Return Receipt ■ Complete items 1, 2, and 3. i Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: - Char le S ['-Jal v'r �r . QD 8ox - R -5e II I ICI II III''ll I Ilf I' I II I l I II I IIII I I I I 9590 9402 tea, 0125 502648 2. Article Number (Transfer from service labol) 7021 2720 DODO 1618 PS Form 3811, July 2015 PSN 7530-02-000-9053 O v n � N m m n m < m N ted Name) C. ciz?e c= =--- 1 is delivery _ dsKwr nt — - If YES, entelftiveg address below: ;_. • - ;3 ice Twe dint Signature • Adult Signature ResVct:d Defvery • Certified Me- 3 ❑ Certified Mail Restricted Delivery ❑ Collect on Delivery C-. Collect on Delivery Restricted De my 6647 Restri�ed De;:eery _ . s!aed Ate: " stered Mal Res'."G4e kv ss L? Corfrrrra: Restrctea Dehery Location Map: 9271 Peakwood Dr. SW (Brunswick) Newlin Docking Facility 127 Cardinal Dr Wilmington, NC 2840S ) Folbw N Cardinal Or/Cardinal Dr Esn to Matket St 511 • 02.11. ) Take US70 W/Malin Luther King A Pkwy and US 17 S/Ocean Nwy IF to Ocean Isle Beach Rd SW In Brunswick County Sl m.rfa 5 in ) Continue on Ocean Isle Beach Rd SW. Take Old Deor9etown Rd SW and NC 179 S1P Feakwood Dr SW 9271 Pealsss d Or SW RECEIVED 'JUL 29 2022 DCM-MHD CITY 3,3" 22 1022 (https://www.noaa.gov/) TL)RRE N _" (/) Home (q / Products (products.html) / Water Levels (stations .html?type=Water+Levels) / 8661070 Springmaid Pier, SC Favorite Stations Station Info Tides/Water Levels Meteorological Obs. (/met.html?id=8661070) Phys. Oceanography (/physocean.html?id=8661070) NOAA/NOWCO-OPS Observed Water Levels at 8661070, Springmaid Pier SC From 2022/O6/07 00:00 LST to 2022/06/07 2359 LST 6.0 4.0 2 m JD 2.0 c L fA S 0.0 00:00 02:00 6/7 617 Tuesday. Jan 7 2022. 07:12 LSr Predictions0.567R. 1.64R Options for 8661070 Springmaid Pier, SC From: Jun 2022 To: Jun 2022 Units Stand; Timezone LST V Datum (datum_options.html) MLW Shift dates Back 1 Day Forward 1 Day Interval 6 min 1 hr H/L Day Month 04:00 06:00 08:00 10:00 12:00 6/7 6/7 6/7 6/7 6/7 — Predictions Verlfled — Preliminary 14:00 617 1 0 11ps/Cenrcr fc 16:00 18: 6;7 6,7 RECFI\er*-g JUL t 1 CCM-MHD CITY n Update Plot Data Only Show Data Listing Show nearby stations Products available at 8661070 Springmaid Pier, SC TIDESM/ATER LEVELS Water Levels (Avaledevels.html7id=8661070) NOAA Tide Predictions (/noaatidepredictions.html?id=8661070) Harmonic Constituents (Iharcon.h1ml?Id=8681070) Sea Level Trends(IshrendSIshrends_statIon.shtml?id=8661070) Datums (fdatums.Mml?id=8661070) Bench Mark Sheets (lbenchmarks.html?id=8661070) Extreme Water Levels(lesVest_stalion.shtml?stnid=8861070) Reports (Ireports.html?id=8661070) METEOROLOGICAUOTHER Meteorological Observations Qmet.hlml?id-8661070) Water TemplConductivity, PORTSO This station is not a member of PORTS® OPERATIONAL FORECAST SYSTEMS This station is not a member of OFS INFORMATION Station Home Page (Istationhome.html?Id=8661070) Data Inventory (finventory.mml?id=8661070) Measurement Specifications (/measure.html) Website Owner: Center for Operational Oceanographic Products and Services National Oceanic and Atmospheric Administration (http://www.noaa.gov) National Ocean Service (httpV/oceanser ice.nma.gov) Privacy Policy (/privacy.html) Disclaimer (/disclaimem.htmp Take Our Survey (/survey.htm0 Freedom of Information Act (httpsJ/www.noaa.gov/foia-freedom-of-information-act) Contact Us (/contact.htmi) RECEI`/FD im ? DCM-MHD CITY IV(https://www.noaa.gov/) 7Rg (/) 10 N-i Home (n / Products (products. html) / Water Levels (stations.html?type=Water+Levels) / 8661070 Springmaid Pier, SC Favorite Stations Station Info TdesfWater Levels Meteorological Obs. (/met.htm1?id=8661070) Phys. Oceanography (/physocean.html?id=8661070) 4.0 i 2.0 c .0 _m 0.0 Tuesday,Nn )2022, W:12 lSr Predictions: 0.567ft. Preliminary: 1.64R 0000 02:00 6 7 6 7 Options for 8661070 Springmaid Pier, SC From: Jun V 2022 Q° To: Jun V V 2022 0° Units Stands nnnezone LST V Datum (datum_opfions.html) MLW V Shift dates Baps 1 Day Forward 1 Day Interval 6 min 1 hr H/L Day Month NOAA/NOS/CO-OPS observed Water Levels at 8661070, Springmaid Pier SC From 2022/06/07 00:00 LST to 2022/06/07 20:59 LST 04:00 0600 0800 1000 12:00 617 6/7 61:7 617 6/7 — Predictions Vedlled — Preliminary NOM/NOS/Canty k 1400 16:00 18: 6/7 6,7 6/7 RECEIVE-M rJUL 27 2" 2 DCM-MHD CITY Update Plot Data Only Show Data Listing These raw data have not been subjected to the National Ocean Service's quality Control or quality assurance procedures and do not meet the criteria and standards of official National Ocean Service data. They are released for limited public use as preliminary data to be used only with appropriate caution. Show nearby stations Products available at 8661070 Springmaid Pier, SC TIDESI ATER LEVELS Water Levels (/watedevels.himl?id=8661070) NOAA Title Predictions(/noaavdeprodictions.hbnl?id=8661070) Harmonic Constituents (Iharcon.html?id=8681070) Sea Level Trends (/sitrends/sltmnds_station.shtml?id=8661070) Datums (/datums.hbnl?id=8661070) Bench Mark Sheets (/benchmarks.html?id=8661070) Extreme Water Levels(/esvest_station.shlml?stnid=8661070) Reports (/reports.htm1?id=8661070) METEOROLOGICALIOTHER Meteorological Observations (/methtml?id=8661070) Water Temp/Conductivity PORTS* This station is not a member of PORTSO OPERATIONAL FORECAST SYSTEMS This station is not a member of OFS INFORMATION Station Home Page (/stadonhome.html9id=8661070) Data Inventory (finventory.htmPid=8661070) Measurement Specifications (/measure.html) Website Owner: Center for Operational Oceanographic Products and Services National Oceanic and Atmospheric Administration (httpJ/www.noa,.gw) National Ocean Service (http://oceanserAce.noaa.gov) Privacy Policy Vprivacy.html) Disclaimer (/disclaimem.html) Take Our Survey (/survey.html) Freedom of Information Act (httpsy/www.noaa.gov/Foia-freedom-of-information-act) Contact Us Vcontact.html) U RECEIN/FD 'JUL 27 2322 DCM-MHD CITY 9271 Peakwood (Newlin Docking Facility) Supplemental Photos G� r RECE!'"'r) JUL 2 7 DCM-MHD CITY ,UN 22 vll 9285 +Pr�1w'r°�Cs�av�twvr) N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM CERTIFIED MAIL - RETURN RECEIPT REQUESTED Or HAND DELIVERY (Top portion to be completed by owner or their agent) Namwn e of Property Oer 1,o4e, Netsltnnn Address of Property g271 &�,00d uV, SW %.i "ANC, ZB%-7 Ir n Mailing Address of Ownsr. -� �I Owners email. I W lct.1'Yl.�^®Y Owners Phone* 4I D ^$ 71 -Y&'Z Agent's Name: CPG, LLC (Ben Brink) Agent Phped; 9+o-3oa-5725 Agent's Email.ben@)coastalpermitguy.com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (Bottom portion to be completed by the Adjacent Pn ie•" Jwner) hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing 6 description or drawing with dimensions, must be provided with this letter. I DO NOT have objections to this proposal. _ I DO have objections to this proposal. ffyou have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (OCAI) m writing within 10 days ofreoelpf of this nonce. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC 28405-3845. DCM representatives can also be contacted of (910) 796.7215. No response is considered the same as no objection If you have been notified by Certified Mali. 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 wave the setback, you must sign the appropriate blank beluw.) I DO wish to waive somelall of the 15' setback Signature of Adjacent Riparian Property Owner -OR-/! 4' 1 do not wish to waive the 15' setback requirement (initial the blank) LARRY Spainhdlyl .#-Signature of Adjacent Riparian Properly Owner: I — TypeWPrinted name of ARPO:: Carr J rYt %OKh I _ Nailing Address of ARPO: I Z9 S i�PAK "''�4 �Lv) f,A/ t NG 0-9 ARPO's email: JSeW^A`w ®4fmc,N6ll ARPO's phone#: BY3- 9Oz - 7?t% it Date: Jun 17, 2022 waiver is valid for up to one year from ARPO's Signature' 44 �� Revised July 2021 JUL t 7 DCM-MHD CITY J�� `Z2 tia1� Spainhour_APO Final Audit Report 2022-MI7 Corned: 2027JBI1 ey. I3en ennx iaen@matalPenny„r.wn7 status: SWed Ter jD: Ge1CHSCM LUJV : Uu,VMWUy9HdLG# - "Spainhour_APO" History 5 Documant oaatad by Ben Brink (I»ngaMeiponnftq y.com) 202 17-2:3103PMGMT IPadSoa:9]8)79.W �. Duavma @mailed to lapainhour@atmanet for sign re =T 17-2:31.35PM GMT .� Emil viewed by lapainhour@aen0.net 2022-0617- 3:10:41 PM GMT. IP ap :75.3&51.301 de Doam@nt e-aignad by LARRY SI7ainhour(lapainhour@at .net) Slena DaW 202 17.3:13:%PM GMT - Tone Sarce:sent- IP addles: 75.38,54,204 Agreemant mrrlpNted. 2D2 17 - 3'.13:39 PM GMT RFr, " CD IJUL � 7 DCM-MHD CITY Permit Class t' Permit Number NEW 135-97 STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission for I R Major Development in an Area of Environmental Concern nn 7 '0 - pursuant to NCGS 113A-118 Excavation and/or filling pursuant toNCGS113-229 L;GASTALl0AI4H(3;Eh,iE61T Issued to Locke M_ Newlin 5205 Hnntseraft Cni rt_ Winstnn-Smlem. NC 27106 authorizing development in Rninswick County at Al W W. at 9271 Penkwnod Dr.. near Sunset Beach , as requested in the permi='s application dated 8/5/97 including attached workplan drawina dated 12/4/96_ This permit. issued on \ ra — `a.3— QT , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine. imprisonment or civil action; or may cause the permit to be null and void. 1) The proposed pier must be elevated a minimum of 48 inches above the substrate when crossing any area of coastal marsh. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility 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. This permit action may be appealed by the permittec or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. 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 Departmental approval. All work must cease when the permit expires on December 31, 2000 In issuing this permit, the State of Nonh Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authorityof the Secretaryof DEHNR and the Chairman of the Coastal Resources Commission. JUL DCM-I a Ro er N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittce Scanned with CamScanner IE %Z CITY r ,.i u I��nio w e iU uemquem au vacr m taxes, tees, assessments or other !� mitt! "* & hewlo A County Tax a !Parcel Number as rwlaW by ale Bnwmiok County Aseassory Office. This Is not a oedlficatlon that the parcel number matches the deed (ARM) Tax Col. / Del. Tax Soee. iui�iui�uiiiiii�ii of 21; az P G enter TMaI_ _Rer In!.__ RMurid: Finance_ ❑ nxa:�. c(!::L.::2GJ A':,.::. a.i W mMhn Of an}vJ `Irteli!^:!L'+e M3-ic(ftl by Airol I ,ieM Ce32nmlMregop�pampleG. Instrument Prepared By: Hewett Law Fun, PLLC, 632 VHIW Rd, Suite 1, Shs lotte, NC 28470. PREPARED WITHOUT OPINION OF TITLE VIIL w21", LII A:yC STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this 26 day of June, 2013, by Locke Mebazie Newlin and wife, Mary Ann S. Newlin, whose mailing address is 9271 Peakwood Drive, Calabash, NC, 28467 (hereinafter referred to as "Grantor') to Lock M. Newlin Jr. and Mary Ann S. Newlin, Trustees of the Newlin Truffi Dated June 26, 2013 whose mailing address is 9271 Peakwood Drive SW, Calabash, NC 28467(hereinafler referred to as "Grantee"). The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) to them in hand paid, the receipt of which is hereby acknowledged, have remised and by these Presents do remise, release, and forever quitclaim unto the Grantee all right, title, claim, and interest of the said Grantor in and to a certain tract or parcel of land lying and being in the County of Brunswick, and State of North Carolina, and more particularly described as follows: See Exhibit "A' TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges themunto belonging to the Grantee, free and discharged of all right, title, claim, or interest of the Grantor or anyone claiming by, through, or under said Grantor. 3UN % 2 , e HD CITY Rre Jck Cu y, Rep Lter of Deeds peas 2 of a W WITNESS WHEREOF, Grantor has duly executed the foregoing as of the day and year first above written. ' `.,ut -_ _ (SEAL) Locke Mebane Newlin (SEAL) Mary Ann S. Newlin STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I certify that the following pefson(s) personally appeared before me this day, and (I have personal knowledge of the identity of the principal(s)) (I have seen satisfactory evidence of the principal's identity, by current state or federal identification with the principal's photograph in the form of a /0 d L _ ,; each acknowledging to me that he/shelthey voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Date: (Q ace 0-?013 , y r e TF-0- R ..!!!l;kaIR!# My Commission Expires:15 AIr8lCC1 ci RECEIW r UL 27 207� DCM-MHD C �vN j j 4M ��� eP3 A P02�B ale Exhibit "A BEING all of that property as more particularly described in that deed recorded in the Office of the Register of Deeds for Brunswick County, North Carolina in Deed Book 1431 at Page 16. Said deed description incorporated herein by reference. RF(. .;,') JUL 27 itu,, DCM-MHD CITY 113t 2 2 xonaos ua*in axrr uomo. —�ru Tru aw mum ra } F- U 0 J CZ G J I C a �.. ---- ��� 9 'I t a JQ �— I •>ti41� ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director July 20, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(a)NCDENR.gov SUBJECT: CAMA Applicant: Locke and Mary Newlin Project Location: 9271 Peakwood Dr SW, adj. to AIWW, Sunset Beach, Brunswick County Proposed Project: The applicant proposes to extend an existing 2-slip docking facility to the established pier -head line and the 80' Federal Channel Setback to access deeper water. 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 August 14, 2022. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7274 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME RECEIvGn JUL 27 AGENCY SIGNATURE DCM-MHD CITY DATE 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 NC Division of Coastal Management Major Permit Application Computer Sheet CDAITS — _ MHC cc Applicant: Cc � C1J I,n '�. AgenttContractor: 119^ A�o C Project Site County: r✓ y �� Staff: District: Wilmington r`^ Project Name: `I I Rover File: n/a River Basin: �.v��✓ ^ Initial date of application submittal: Date application "received as complete" in the Field office: Permit Authorization: CAMA ❑ Dredge & Fill []Both SITE DESCRIPTIONIPERMIT INFORMATION ORW: Yes PNo PNA: Yes No Photos Taken: Yes ILI No Setback Required (riparian): Yes FINO Critical Habitat: Yes Po ❑Not Sure 15 foot waiver obtained: Yes No Hazard Notification Returned: ❑Yes FNo SAV: []Yes o []Not Sure Shell Bottom: []Yes No ❑ Not Temporary Impacts: Yes []NO. to Sure T Sandbags: []Yes a 0 Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: AYes ❑No Oyes tMNo Moratorium Conditions. Environm ntal Assessment Done: Length of Shoreline: ❑Yes Pilo ❑NA ❑Yes Po ❑NA / FT. Shellfish Area i nation: Project( Description: (code) Development Area: (code) Open -or Closed a SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) El Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) 171 Swamp Waters (SW) High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional C1 (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) (SA) Sall marsh cordgrass (Spanina (SY) Salt reed grass (Spartina alterniflora) cynosuroides) (DS) Salt or spike grass (Dislichlis C1 (SC) Bullrush or three square (Scirpus (M Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus roemerianus) (SP) Salt/meadow grass (Spartina ' patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm wl D&F to 1 can be applied - $250 Major Modification to a CAMA Major acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 El Permit Transfer - $100 El III(B) Public or commercial wl D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - [111, Public or commercial/no dredge $100 and/or fill - $400 RECEIVE I. Private no dredge and/or fill - $250 C1 III(C) Privpublic or comm acre, 4144 can be applied; DCM needs $400 'JUL 27 2022 DWQ agreement - DrM_IUHD t^tT� Applicant: Null I < A Date: i 1-Z022. 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 Replace �,J �/ Maint ❑ ❑ Y [AN �� New Work Replace Maint ❑ 19 Y N Z I New Work P Maint ❑ Replace Y G N l Y / FNew ( WoM eplace / Maint ❑ Y _, N O I-7- / I Work Replace I (,GAUio Maint ❑ ❑ Y X N ` New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact _ temp impacts) impact amount) temp impacts) amount OY Y Dredge ❑ Fill ❑ Both ❑ Other] V Z Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other IJ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge Fill Both ❑ Other ❑ RECEIVE JUL 27 2022 DCM-MHD CITY 919-733.2293 :: 1.888.4RCOAST :: www.nccoastalrnanaaement.net revised: 02/28/18 P Date Date Check From Name of Vendor Check Check Permit Rd. # Received Deposited Permit Holder Number amount Number/Comments 7/19/2022 7/20/2022 Locke Newlin Jr. Newlin Bank of 9583 $250.00 major fee, 9271 Peakwoo DDr SW, BB rct. America Calabash BRCo NO Split 18076 Major Permit Fee Schedule Project Name: �kwlln Dock,-Y F".0i County:q -SAS GufF si o-\ Check No & Amou*-so=J 19 5V Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, noncommercial 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 d A,B, C, or D below applies: III(A). Private, non-commercial development, it General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4175 cannot be applied: $400 60% ($240) 40% ($160) 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 JUL 27 2027 DCM-MHD CfTv 04 q Page 2 of 4 Top View Drawing AT=`' r Proposed Structures Il W \vAv/ 7/16/2022 Scale I":30' Newlin Docking Facility 'Reference Page 3 of 4 for NHW & CW line *Appmx RIC (rsor a survey) Pax (4' x ^41 Fixed Platform A (6' x i Fixed Platform B (14 x I Roof over Platform C 02' x ProposedSMud"W: (Relocated) Flostlng Dock D (I OF x 16'); (Relocated) Boat Lift E (I IV x 14'); Fixed Platform F (6 x 24'); Gazebo G (14' x 16) Roof Dripline Dimensions; Pier Extension H (4' x 741); Shaded Allowance: ; 976 sq. ft ; A-144 sq. ft; B-224 ft' pl Pmpoad Pic Ealmco" (f a 74) H C (overhang) - 25 sq. ft. <-1.01 @ NLW D-160 sq. ft.; Adjusted F-144 sq. ft.; -1.33'QNLW G-224 sq. ft; Total - 921 sq. ft ' Observed NHW a USACE Sebick A 457 ' Rcfurratc aW CW to End of Stmctwe NSACEE y SEfBACK)199' PA. 9W)Po.w Dr. sW (Wanes) �N Setback / Pier Headline WaWrbody Width: -600' Shoreline: 122' Depths Taken: June 7th 2022 *Field Measurements adjusted based on 'shove average" tide — reference Springmaid Pier Data (attached) RIn URACESAwk auto rumba Ptnramr C 'E.was Pkr(fa-411) )MlW b USACE SeWack w � NNW 2l'fma awt vrhandail. b NHW mi Pa+kvood a. sW (Newlin) RECEIVED JUL 21 202'Z DCM-MHD CITY P/L 93d5 Pakww R. SW (SpaiMow) /j o k 78033'3.74" W 33"5`11.26"N .78"33'4.65"W A Page 3 of 4 Top View (NHW & CW) Newlin Docking Facility -2 pCM-MHD CITY Page 4 of 4 Cross Sectional Proposed Structures 7/16/2022 Scale: 1" = 20' Newlin Docldng Facility A1WW ProposedStadares: (Relocated) Floating Dock (10' x 16) (Relocated) Boat Lift (IV x 14') Fixed Platform (6' x 241 Gazebo (IV x 16) Roof Dripline Dimensions Werra c-.W-a Pier Extension (4' x 74') -3.98' @ NLW Existing Docking Facility Cross Section - - moving 88' waterward <-1.0' @ NLW bCM-MHD CITY Page 1 of 4 Top View Drawing Existing SAI Y r Y r tructures 7/16/2022 Scale V : 39 Newlin Docking Facility *Reference Page 3 of 4 for NHW & CW line •Appr RIC (not a survey) Existing Structures:; Pier (4' x-411'); Fixed Platform A (6 x It); Fixed Platform B (IW x 16); Goof over Platform C (IT x 131); Floating Dods D (1 V x 16); Boat Lift E (1T x IN): Shaded Allowance: ; 976 sq. ft.: A - 144 sq. ft.: B - 224 sq, ft.: C (overhang)- 25 sq, ft.: D-160 sq. R; Total-553sq.ft; <-1.V(aj NLW *Adjusted #1 CW to End of ;Structrue 112' 1.33' ® NL (Observed 45T bUSACfl Scaxk 95T �N USACE Setback / Pier Headline Waterbody Width: -600' Shoreline: 122' Depths Taken: June 7th 2022 *Field Measurements adjusted based on "above average" title -- reference Springmaid Pier Data (attached) USACE Sma k E #2 74 WiniUhm(4'.-UIJ 7NHWa4' b USACE Sdimk A, 5 I NHW Il2l1 .♦II. ' fmm nan afhuulmils b NHW 9269 Peakw Dr. SW P/L 9271 Pm and or SW P/L (wgt ) O"Un) 9285 P.W dDr. SW RECE«/F..D JUL 21 DCM-MHD l " U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-1997-08954 County: Brunswick County U.S.G.S. Quad: Little River GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Locke and Mary Newlin Address: 9271 Peakwood Dr. SW Calabash, NC 28467 Size (acres) Nearest Town Calabash Nearest Waterway AIWW River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.87291; Longitude: -78.55125 Location description: The dock will be located in Waters adjacent to the AIWW at 9271 Peakwood Dr. SW, Calabash, Brunswick County, North Carolina. Description of project area and activity: The proposal is to extend an existing 2-slip docking facility to the established pier-head line and the 80 feet Federal Channel Setback to access deeper water along the AlWW in Sunset Beach. The site is located in Waters adjacent to the AIWW at 9271 Peakwood Drive SW, Sunset Beach, Brunswick County, North Carolina. The proposal is to attach a 4 feet by 74 feet access pier to the waterward end of the existing 14 feet by 16 feet fixed platform. The access pier will extend southeast approximately 61 feet before reaching a 6 feet by 24 feet finger pier extending to the east. The finger pier will lead to a gangway and a relocated 10 feet by 16 feet floating dock, oriented perpendicular to the channel. A relocated open boatlift will be expanded from 12 feet by 14 feet to 14 feet by14 feet and will be installed to the west of the proposed 10 feet by16 feet floating dock. The relocated floating dock and boatlift will terminate at the established pierhead line located at the landward edge of the Federal Channel Setback. The access pier will continue southeast for approximately 13 feet and terminate with a 14 feet by 16 feet gazebo at the landward edge of the Federal Channel Setback. The total length of the pier extension will be approximately 88 feet from the existing docking facility. The existing 12 feet by 14 feet boatlift and existing 10 feet by 16 feet floating dock (Slip 1 & Slip 2) will be relocated from an area of insufficient water depth to an area with sufficient water depths for access throughout the tidal cycle. The docking facility will result in the cover and shading of an additional approximate 1,020 square feet of Estuarine Waters of the US. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344); Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit : 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 SAW-1997-08954 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 July 16, 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: November 30, 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: SAW-1997-08954 Ben Brink (CPG, LLC) Cameron Luck (NC DCM) Holley Snider (NC DWR) Amanda Cannon (NC DCM) Action ID Number: SAW-1997-08954 County: Brunswick County Permittee: Locke and Mary Newlin Project Name: NEWLIN Dock Date Verification Issued: November 30, 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.