120-22 Bageant, Laura & Dutch

Permit Class Permit Number
NEW 120-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Laura Bageant, PO Box 2723 Surf City, NC 28445
Authorizing development in Pender County at adi to AIWW at 100 S. Harbor Drive, in
Surf City , as requested in the permittee's application dated 7/20/22 (MP-
1 MP 4) including work plan drawings (4) Sheets 1-3 of 4 dated 7/19/22 and Sheet 4 of 4, dated 7/22/22
This permit, issued on October 31, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)f these terms may be subject to tines, imprisonment or ctvu acuon; ur u,ay
Fixed Pier and Platform
1) This permit authorizes only the access pier, partially covered platform, and other structures and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, shall become a permanent part of this 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 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.
J,gneu uy um auuwuLy U1 ,•,.. uw•..••••J ..• •�--.�
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

Laura Bageant
Permit No. 120-22
Page 2 of 3
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier and platform built over wetlands shall not exceed six feet in
width and shall be elevated a minimum of three feet above the wetland substrate as measured from the
bottom of the decking.
4) 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.
5) The authorized the partially covered platform shall not be enclosed. Any material used on the sides shall
not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with
benches are permitted. Lattice is specifically excluded from being used under this authorization.
6) The roof of the partially covered platform shall not be designed for second story use.
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 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.
10) Should the northern lot be sold prior to the initiation of construction of the facility, the permittee shall
obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to
construct the portion of the authorized structure within the property owner's riparian setback, and submit
it to the Division of Coastal Management prior to initiating construction of the facility.
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

Laura Bageant
ADDITIONAL CONDITIONS
Permit No. 120-22
Page 3 of 3
14) 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.
15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed.project by way of General Water
Quality Certification 5159 and assigned the project DWR Project No. 20221087.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

DCM Coordinator: LAA Permit #: I ZU — ZZ
MAILING DISTRIBUTION SHEET
Agents: 1%Nr)'
DCM Field Offices
Elizabeth City
Washington (with revised work plan drawings)
Morehead City
Wilmington �, �q� (OBJECTIONS )
US ACOE Offices:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley at [e-mail]
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD)
Marine Fisheries: Kim Harding Jimmy Harrison
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Robert Tankard — 401
Glenn Stewart - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stonmwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARO)
Rodney Butler
(NCDOT) Travis Wilson

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Laura and Dutch Bageant
PROJECT NAME:100S. Harbor Drive
COUNTY: Pender
LOCATION OF PROJECT: 100 S. Harbor Drive, adj. to Topsail Sound, Surf City
RECEIVED
AUG 05 2022
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-28-22 DCM-MHD CITY
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Dail DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 8-10-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 10-11-22
MAIL OUT DATE: 8-5-22
PERMIT FINAL ACTION: ISSUE DENY
FEE REC'D:$250#1114
END OF NOTICE DATE: 8-31-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 8-31-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
/
fat UiJ 1hr W
DCM—LUP Consistency Determination
r.045j
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
DWR— Public Water Supply
9113
X
IWL S) Zo2Z
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
h0`4
DMF — Shellfish Section
$
X
VU C6mW%'A
DMF — Habitat & Enhancement
t�
1 _cl I�
I v�
DNCR — Archives & History
ZS
x
O
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce
2Z
x
tt` C v.rnE�a

1
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Diroctor
August 5, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 26557
Fax: [phone] (Courier 11.12-09)
cameron luckCcDNCDENR.gov
SUBJECT: CAMA
Applicant: Laura and Dutch Bageant
Project Location: 100 S. Harbor Dr., adjacent to Topsail Sound in Surf City, Pander County
Proposed Project: The applicant proposes to install a foxed pier and observation platform.
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 31, 2022. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/ ""'
Additional comments may be attached
v 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 NI 1 i�t�n n
AGENCY �R(
SIGNATURE �t-� ! t`� DATE 5 2t, Zor2z
y
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: 'Consistency Determination, Major Permit Application, Laura and Dutch,
Surf City, Pender County
Date: November 1, 2022
CONSISTENCY DETERMINATION:
This project is consistent with the Surf City Land Use Plan.
The applicant proposes to install a fixed pier and observation platform at 100 S. Harbor
Drive, adjacent to Topsail Sound in Surf City, Pender County.
Areas of Environmental Concern (AEC's) impacted by the proposal are PT and EW.
Waters at the project site are classified as SA and are open to the harvest of shellfish.
The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Surf City Land Use Plan Update
and offer the following comments.
The general area of the project is classified as Conservation.
In general, Surf City allows development in Conservation classified areas and AECs,
which is consistent with the State's minimum use standards. The Surf City Land Use
Plan contains some policies and discussion, which exceed the State's minimum use
standards. However, none of these policies are applicable to this project.
This project appears to be consistent with the Surf City Land Use Plan Update.
Cc: File

Received: 8/10/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
August 5, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-1972
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division Of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Cameron luckna NCDENR.00v
SUBJECT: CAMA
uue: d/1dlZ1JZZ
Applicant: Laura and Dutch Bageant
Project Location: 100 S. Harbor Dr., adjacent to Topsail Sound in Surf City, Pander County
Proposed Project: The applicant proposes to install a fixed pier and observation platform.
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 31, 2022. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
State Historic Preservation Office
DATE August 25, 2022
a•.
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Milmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 5, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a), NCDEN R. gov
SUBJECT: CAMA
Applicant: Laura and Dutch Bageant
Project Location: 100 S. Harbor Dr., adjacent to Topsail Sound in Surf City, Pander County
Proposed Project: The applicant proposes to install a fixed pier and observation platform.
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 31, 2022. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached`*
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATUREA Szarac� for Shannon Jenkins DATE
08/09/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Direcror
August 5, 2022
MEMORANDUM:
NORTH CAROLINA
EnvironmenralQuailty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckCa2 NC D E N R.gov
SUBJECT: CAMA
Applicant: Laura and Dutch Bageant
Project Location: 100 S. Harbor Dr., adjacent to Topsail Sound in Surf City, Pender County
Proposed Project: The applicant proposes to install a fixed pier and observation platform.
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 31, 2022. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: _X^ This agency has no objection to the project as proposed.
*"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY N C Ep I' 0 f j�o m M Wu
%V1 a 1- G All; 5 ¢,. DATE
SIGNATURE
� M AAV.IWD � I�V
pp„�tmraem®uwucq� /—
S1x z !z2
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office I t27 Cardinal Drive Extension I Wilmington, North Carolina 29405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 5, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(o) NCDE NR. gov
SUBJECT: CAMA
Applicant: Laura and Dutch Bageant
Project Location: 100 S. Harbor Dr, adjacent to Topsail Sound in Surf City, Pander County
Proposed Project: The applicant proposes to install a fixed pier and observation platform.
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 31, 2022. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
X 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.
*no in -water -work between
4/1-9/30
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE K�y►z6� r'� DATE 08/19/202Z
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

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECAlE
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
September 13, 2022
DWR #20221087
Pender County
Laura J. Bageant
PO Box 2723
Surf City, NC 28445
Subject: Approval of Individual 401 Water Quality Certification
Bageant Viewing Platform
USACE Action ID. No. SAW 2022-01970
Dear Ms. Bageant:
Attached hereto is a copy of Certification No. WQC005159 issued to Laura Bageant dated September
13, 2022. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification.
If you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a
copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Water Quality Certification does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person and does not create any prescriptive right or any right of priority regarding any usage
of water. This Water Quality Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project,
regardless of the expiration date of this Water Quality Certification.
M
Nonb Carolina Department of Environmental Quality I Division of Water Resources
D_E127 Cardinal Drive Ext. I Wilmington, North Carolin¢ 28405
�,�� x� 910.79e.7215

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1 E Laura Bageant
D W Rq 20221087
Individual Certification #WQ0005159
Page 2 of 8
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must
notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.
This approval and its conditions are final and binding unless contested [G.S.143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition
are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah com/ or by calling the OAH Clerk's Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact John Perry at 910-796-7341 or [e-mail] if you have any
questions or concerns.
Sincerely,
L'T
cuSignetl by:
u
*Th``Jr iVon
Assistant Regional Supervisor
Water Quality Regional Operations Section
cc: Dutch Bageant (via email)
Liz Hair, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
Gregg Bodner, DCM (via email)
DWR 401 & Buffer Permitting Branch Electronic file
W '
�7,. North Carolina Department of Environmental Quality I Division of Water Resources �`� 127 Cardinal Drive Ext. I Wilmington, North Carolinh 29405
910.796.7215
veu.n..n iw.a.ee.miw+e�

DocuSign Envelope ID: 9292EFBB-E4784F7A-A292-6623832ECA1E
Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005159 is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200, to Laura Bageant, who has authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources
(Division) on August 8, 2022 and by Public Notice issued by the Division of Coastal Management on
July 31, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Plan Reference
(units) Permanent
Open Waters
0.1 ac
Narrative
(incorporated)
Coastal and 404 Wetland
0.1 ac
Shading
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H.0506; 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity, wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
North Carolina Department of Environmental Quality I Division of Water Resources
®E Q 127 Cardinal Drive Ext. I Wilmington, North Carolinb 28405
aremraar. to 910.796.7215
o.pmo.n cwne...aiu�e� /�

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA7E Laura Bageant
D W R# 20221087
Individual Certification #WQC005159
Page 4 of 8
The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class
SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of
natural condition's; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if
turbidity exceeds this level due to natural background conditions, the existing turbidity
level shall not be increased.
Citation: 15A NCAC 0213.O221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)),
wildlife, and secondary contact recreation]; and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
4. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-1, WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORIN), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A NCAC
02B4O231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
���,,rr North Carolina Delartmentof Environmental Quality I Division of Water Resources
E QJ� 127 Cardinal Drive Ext. I Wilmington, North Carolink 28405
mmru rsm ircn .�mim910.796.7215
�wnmm u.+a,r�

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1 E Laura Bageant
D W Rq 20221087
Individual Certification #WQC005159
Page 5 of 8
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
5. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the
natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 0211.O506(b), 15A NCAC 02H.0507(c); 15A NCAC 02B.O2OO; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards. (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and
(21) turbidity in the receiving watershall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU, • if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing'wetland uses.
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H.O506(b); 15A NCAC 02H.0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protectsuch uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation ofstandards, or would result in secondary or
cumulative impacts.
7. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
North Carolina Department of Environmental Quality I Division of Water Resources
uoQ�11 127 Cardinal Drive Ext. I Wilmington, North Carolinh 28405
mr�ramn wn 1�/ 910.796.7215

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E Laura Bageant
DWRN 20221087
Individual Certification #WQC005159
Page 6 of 8
Citation: 15A NCAC O2H.O5O6(b); 15A NCAC 02H .OS07(c); 15A NCAC 02B .0200, 15A NCAC
O2B.O231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and
(21) turbidity in the receiving watershall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
8. If concrete is used during construction, then all necessary measures shall betaken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A02H.0506(b), 15ANCAC O2H.O5O7(c); 15ANCAC O2B.O2OO; 15ANCAC O2B.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
9. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .O5O6(b); 15A NCAC O211.O5O7(c); 15A IVCAC 02B .0200; 15A NCAC O2B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protectsuch uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids fill or other solids, or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
North Carolina Department of Environmental Quality I Division of Water Resources
Q2, 127 Cardinal Drive Ext. I Wilmington, North Carolinh 28405
Hann c..mi wn � 9I0.796.7215
�wnossn �tiaxa.muei mr

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E Laura Bageant
D W R# 20221087
Individual Certification #WQC005159
Page 7 of 8
producing color or odor shall not be present in amounts that may cause adverse impacts. on
existing wetland uses.
10. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 0211.0506(b); 15A NCAC 0211.0507(c); 15A NCAC 02B.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland fora and fauna are maintained to protect
biological integrity of the wetland; and materials orsubstances are not present in amounts that
may cause adverse impact on existing wetland uses.
11. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance ofbiological
integrity,- wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
12. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 0211.0506(b), ISA NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this Water Quality Certification. A copy of this Water Quality Certification
shall be available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
eelft 0%Z. North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. I Wilmington, North Carolinh 28405
xzxn"remuvn 910,796.7215
hpe�mem EMpeexfgl Do9�

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E
Laura Bageant
D W R# 20221087
Individual Certification #WQ0005159
Page 8 of 8
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)]
TT/JP
This, the 13th day of September 2022
Sincerely,
COocuSleaed by:
To" �wrflw5i0�
7FAIEMU3456...
Tom Tharrington
Assistant Regional Supervisor
Water Quality -Regional Operations Section
North Carolina Department of Environmental Quality I Division of Water Resources
veveri.�.n �vm.®.mimv� /vim
127 Cardinal Drive Ext. I Wilmington, North Carolinb 28405
910,796.7215

DCM Coordinator Cameron Luck
County:
Permit #:'-
_ WIRO E-MAIL DISTRIBUTION SHEET
Circle on : Bio Report ermit for. LA l0k Y i '� 3a !� ect v,
Oversize Pians ant:
DCM Offices:
Morehead City: PT (if oversize) via Courier
"cc Cam & Amanda on group email wJ bio.narr.app.drawings, deed, comment sheet
'MHC documents (Cam & Aman
Wilmington: Original hard -copy
ONLY USACE & DWR (wro):
PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: vl.!p Hair (Pander & Carteret Co): PN, CL, Reports, Split Sheet
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet _
C3teg*tttf"H/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: sp=SMAit+:t - 401 (BR/NH): PN, CL, Reports, Split Sheet
ley Snider -401 (PNjON — Surf City): PN, CL, Reports, Split Sheet_
Div of Water Resources: vAheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _
— — -- -- — — -- ---------- ------- —........ ---------------------------
Marine Fisheries: /kiim Harding
DCM PlannerMIRO: v�Mike Christenbury _
Cultural Resources: ✓Renee Gledhill -Earley Environmentai.Reviaw@ncdenrgov_
Natural Heritage Frog.
DCA-Rural Eco. Dev:
NC DOT:
Wildlife Resources:
'Rodney Butler_
✓/
Mark Ziegler
�bavid Harris _
Aerie Dunn wlReports
State Property Office:
�y�t' Walton: DEED _
vm�K+z Moser_
nda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation:
/aremy Humphrey (Bio) /Shannon jenkins (Pt) =
wron Gupton, Admin. _
DEMLR:
,/hristine Hall - Stormwater Section _
Xn Sams - Land Quality Section _
Public Water Supply:
/Heidi Cox _
City of Wilmington:
dfttffffl" i51 rr _
Enforcement: ✓ Field Rep: 1' ( I' 1
Co. LPO
Agent:
DISTRIBUTED: V' ?7-�
RECEIVED
AUG 0 5 2022
DCM-MHD CITY
Updated 2125122 CAMA/Shaun majors docs/e'Agency List

Recommendations for State Permit — Laura and Dutch Bageant
The total area of the existing and proposed structures was calculated as follows:
Shoreline length = +/-132 ft. x 8 sq. ft =1,056 sq. ft. allowable.
Proposed:
Access Pier (north) — 6' x 818' = 4,908 sq. ft. (not counted)
Platform — 20' x 20' = 400 sq. ft.
Total incorporated area — 4,420 sq. ft.
Total sq. ft, applied to shoreline allowance — 400 sq. ft.
Total nroposed = 400 so. ft.
Total allowed =1,056 sq. ft
The proposed development would provide no dockage. The proposed pier/platform would
extend up to approximately 110' into the waterbody, which measures approximately 1,385'
across, which is CONSISTENT with NCAC 07H .0208 (b)(6)(G). The application also appears
to be CONSISTENT with the remaining use standards set forth in NCAC 07H .0208(b)(6),
including those which dictate the maximum allowable platform area (the 8 square foot rule), the
15' riparian setback and federal channel setback.
Provided the resource agencies do not have any concerns regarding significant adverse impacts
resulting from the proposed project, this office has no objections to the issuance of a permit.
RECEIVED
AUG 0 5 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office I i27 Cardinal Drive Extension I Wilmington, North Carolina 26405
910.796.7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Laura and Dutch Bageant
2. LOCATION OF PROJECT SITE: 100 S. Harbor Drive, adjacent to Topsail Sound, in Surf
City, Pender County.
State Plane Coordinates - Lat: 34n24'0.08"N Long: 77°33'38.45"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/19/2022
Was Applicant Present — Yes
S. PROCESSING PROCEDURE: Application Received — 7/28/2022
Completed — 7/28/2022
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Surf City
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Local
Planned - N/A
(F) Type of Structures: Existing — residential dwelling
Planned — Pier and observation platform
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HABITAT DESCRIPTION:
(AREA)
DREDGED FILLED O'1'LIER
(A) Vegetated Wetlands (Mixed
4,908 sq. ft.
coastal & 404-type)
(shaded)
(B) Non -Vegetated Wetlands
4,420 sq. ft.
(Open water
(incorporated)
(C) Other— high ground shading
400 sq. ft.
(disturbed)
(I)) 'total Area Disturbed: 5 308 . ft. (0.10 acres)
(E) Primary Nursery Are 'PNA
(F) Water Classification: Open: Yes
PROJECT SUMMARY: The applicant proposes to install a fixed pier and observation platform.
RECEIVED
_._AFQ�
�..w..suowr�
AUG 05 2022
DCM-MHD CITY
North Carolina Department of EnNronmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Laura and Dutch Bageant
Page 3
According to the site plan drawings, the pier would be located within the 15' riparian corridor of
the northern most neighbor (Turner); however, the applicant has obtained a waiver allowing for
the encroachment. On the opposing side, the proposed platform would be located approximately
75' from the common riparian line shared with the southern neighbor. The length of the proposed
pier and platform would measure approximately 110' beyond the nearshore edge of marsh, into a
waterbody that measures approximately 1,385' in width. Water depths surrounding the proposed
observation platform range from -1.3' to -1.6' (relative to normal low water), per staffs
observation.
10. ANTICIPATED IMPACTS
The proposed pier and platform would result in the incorporation of approximately 4,420 square
feet of Estuarine Waters and Public Trust Area with approximately 3,960 square feet of wetland
shading. No long-term impacts to Coastal Wetlands or any SAV should occur as a result of the
project; however, the area would be temporarily disturbed as a result of construction. The
proposed development would be located within % of the width of the waterbody.
Submitted by: Jason Dail Date: 8/1/2022 Office: Wilmington
RECEIVED
AUG 0 5 ZOZZ
DCM-MHD CITY
p North Carolina Department of Environmental Quality I Division of Coastal Management
_ �J/ Wilmington Office 1127 Cardinal Drive ExlensMm i Wilmington. North Carolina 2a,105
m �Z\ /'� / 910796.7215

Laura and Dutch Bageant
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 100 S. Harbor Drive, adjacent to Topsail Sound, in Surf City,
Pender County. To locate the property from the WIRO office, take NC Highway 17 north and
turn right onto Highway 210 in Surf City. Take NC Highway 210 Fast toward Topsail Island and
stay right at the roundabout toward Topsail Beach. Approximately 0.90 miles from the
roundabout (island side), turn right onto Sunset Drive, and then take the next left onto S. Harbor
Drive. Go to the end of the road and the property will be located in the cul-de-sac at house
number 100.
The property consists of a 2.56-acre parcel that is situated on land that is approximately 0-6 feet
above mean high water (MHW) and is vegetated primarily with Live Oak, lawn grass and
ornamental vegetation. A vast majority of the property consist of wetlands (mostly Coastal
Wetland) that spans toward the west into Topsail Sound. Currently, the applicant maintains a
residential dwelling on the property with no amenities. The shoreline (approximately 132') is
natural with no man-made features. A narrow zone of transitional vegetation exists along the
edge of S. Harbor Drive, to include: Live Oaks, Groundsel Bush and Wax Myrtles. Waterward of
the transition zone, high marsh species include: Salt Meadow Hay (Spartina patens), Bulrush
(Scirpus sp.) and Black Needlerush Uuncus roemerianus). Immediately waterward of the
Needlerush, Smooth Cordgrass (Spartina alterniora) dominates and encompasses the
remaining wetland area extending to open water. Collectively, the Coastal Wetlands in the
project area span approximately 700', between the high ground and open water area. In this
location, the width of the waterbody measures approximately 1,385' from marsh to marsh. This
area of Topsail Sound is a shallow water bay with minimal water depths and no defined channel.
Submerged aquatic vegetation (SAV) is scattered throughout the bay; however, no SAV was
observed in the proposed project area, during the site visit.
The waters of Topsail Sound are classified SA by the Division of Water Quality. The project
area HAS BEEN identified as a Primary Nursery Area (PNA) by the N.C. Division of Marine
Fisheries and is currently OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to install a fixed pier and platform at the subject property. As designed,
the proposal does not meet the maximum criteria for issuance of a CAMA general permit;
therefore, the applicant is applying for a CAMA major development permit. Specifically, the
total length of the proposed pier extends more than 400 feet waterward of the normal/mean high
water line.
The site plans indicate the 6' x 818' pier would originate from high ground and span toward the
west over a 710' wide section of Coastal Wetlands (670' of which would be below the normal
high water line). Waterward of the outer edge of marsh, the pier would extend another 90' (over
open water) before terminating in a fixed 20' x 20' partial covered platform. As proposed, a 12'
x 12' section of the platform would be covered. RECEIVED
AUG 0 5 2022
hnent Nonh Carolina Deparof Envhomncntal Quality I Division of Coastal Mo~H D CITY
�E Wilmington Ofte 1127 Cardinal Drive Extension I Wihnington, North Carolina 29405
e 5"r 910.796,7215

OCM UP4
APPLICATION for
111e1or Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
'Business Name
Project Name (if applicable)
,j. illa9�l-ee„ j'
Applicant 1: First Name
MI
Last Name
LwV r,,
J .
rl
Applicant 2: First Name
MI
Last Name
If additional appacantA please attach an addgional page(a) wgh names dsled.
Mailing Address
PO Box
City
state/
(
ZIP
Country
Phone No.
FAX No.
1 t.,,c
j I
G l •�iS88 alt
)1a
.r
Street Address (d operant htxn above)
Cfly
Stale
ZIP
Email
�. v..vr'n. 9(%D.i.V b-e,t, t��) mt C.. • iitrr.
2. Agent/Contractor Information
Business Name
Agenit Contractor 1�: First Name
MI
Last Name
r).�
---r V� Gi,.
l>. t In , Ai
Agent/ Contractor 2: First Name
MI
Last Name
Meiling Address
PO Box
city
Stale
pp
ZIP
�1
Phone No. 1
Phone No. 2
-rl`1ila
�..rri•,
Flo •').ty .?"wel ant.
ext.
FAX No.
Contractor • -----
t) ) � , t e • ' ,V: Y)
Street Address ff dWerent from above)
City
state
ZIP
Email
C)tl) 0,
ICVL..ry �-.+ t��tr�(".IUtr Lei
<Form continues on baclV
AUG 0 5 2022 JUL 2 8 2022
?. ti7•n00-2001i .. 1-8n0•rl Kt;6A3t` -. www.croon:'[s� �r>�iirigl � .lii'r'tSiN+,z1(�f4. Nt'w

Form DCM MP-t (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
county (can be multiple)
Street Address
Stale Rd. e
Pe,nd*e.r6.
1 )b0 S , lawbtt >.
Subdivision Name
CS.ic�
Zip
Svtl%*A i�rbrboT
CAy
N
Phone No.
tot No.(s) (if marry. attach addltlanel papa with Nat)
q)v -7,44 .3909 ext.
W9 , .
which NC river basin Is the project located?
b. Name of body of water nearest to proposed project
c. Is the water body Idenlifled In (b) above, natural or manmade?
d. Name the crosser major water body to the proposed project slle.
Natural ❑Manmade (]Unknown
Iy\{-Cc- (—b tr4%,) ` vs Nt,t Wti`%
e, Is proposed work within city limits or planning jurisdiction?
I. If applicable, list tim planning Jurisdiction or city limit the proposed
13Yss ❑No
work falls within.
4. Site Description
a. Total length of shoreline on the trout (ft.)
b. Size of entire tract (sq.ft.)
o Size of Individual lots)
d. Approximate elevation of tract above NHW (normal high wafer) or
NWL (normal war level)
(Hmany Of sizes, losses aftectr addftloaal page with a Nary
y r ®NHW or ®NWL 1!
e. Vegetation on tact
/-MWn )II't465C.5 Ana oc—Lh rt'\r1n'iwl
f. Man-made features and uses now on tract
t1\4*'N\'t,rl9 o.,nd V\si
g. Identiffyy and describe to existing land uses ad)esa[14 to the Proposed project also,
h. How does local government zone ute tract?
1. is the proposed project consistent with the applicable zoning?
j \
'4'v or,
(Attach zoning compliance certificate, if applicable)
($Yes []No ❑NA
J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes HNo
k. Has a professional archaeological assessment been done for the tract? It yes, attach a copy. DYes 53No [INA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes IRNo QNA
National Register listed or eligible property?
<Form continues on next page> vL-' `r PFcFiv r,
022 JUL 2 8 2022
2S2-Se8.2806 1: ri-S1t84RCvrAS'F e: www.ncpq.aatalmanaeq��nt. n.et ..
LUJ GG 'v 1h..s

Form DCM MP-1 (Page 3 of 4)
m. () Are there wetlands on the site?
(t) Are there coastal wetlands on the site?
APPLICATION for
Major Development Permit
®Yes ONO
WYes ❑No
(ill) If yes to either (i) or (II) above, has a delineation been conducted? 1AYes ❑No
(Attach documenfallon, if avelleble)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking watersuppysource . N/h",
p. Describe existing storm water management or treatment systems.
I AcdVides and Impacts
9, Wit the project be for commercial, public, or private use? ❑Commercial ❑PublioOovernment
!$IPrivetelCoaanwmtty
b. ONe a brief dewIption of purpose, tee, and daffy operations of the project when complete.
t.l `;(art c+y - V>k- 4" PfVrV'Cil t?W bvt -. vse C)nly 1
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it Is to be stored.
�ZAlV CA Vie, bv% 1} V.ft +1, f�ojS C.ttW '(Ylfnfll{jV W'Lt
d. List all development activities you propose.
e. Are the proposed activities maintenance of an existing project, new work, or both?
f. What is the approximate total disturbed land area resulting from the proposed project? 'J.3 b% ElSq.Ft or ❑Acres
g. Will the proposed project encroach on any public easement. public sooessway or other area �/ ❑Yee WNo DNA
that the public has established use at?
h. Describe location and type of existing and proposed discharges to waters of the state,
I. Wit wastewater or stonmvater be discharged Into a wetland? ❑Yes ANo DNA
If yes, will this discharged water be of the some salinity as the receiving water? ❑Yes ❑No DNA
I. Is there any mitigation proposed? ❑Yes No ❑RA
If yes, attach a mitigation proposal.
<Form continues on back>-2ECEIVED
t3FCF.jVF.L;
JUL 2 8 2022
252•8e6-21108 :: t-gag-ARCOAST :: www.neceastalmana♦jR ;� kptnM`Rt[J G:'(0 i�. NG
DCM-MHD CITY

Form DCM MP-1 (Page 4 of 4)
st'w ?e`r< �'b�3
APPLICATION for
Major Development Permit
6. Additional Information
in addition to this completed application form, (MP-1) the foflowtirp items below, W applicable, must be submifted in orderfor the applmation
package to be complete. Items (8) - (1) are always applicable to any major development apokatlon Please consult the application
Instruction bookie( on how to property prepare the required Items below.
a. A project narrative • l a +er O W k L %1% ; 0" AV- 9D ')( 7D' ck r wi
b. An accurate, dated work plat (ineI Ing plan vbw and cross-sectionai drawings) drawn to scale. Please give the present statue of the
proposed project. Is any portion already complete? If previously authorized wotk, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.' • t-, r S y
a A she or location map that Is suflicientiy detailedto gulde age reonnel unfamier with the area to the Bile.
d. A copy of the deed "h state application only) or other instrument under which the applicant claims tits to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront ((Orion) landowners and signed return receipts as proof that such
owners have received a copy of the application and plate by certified mail. Such landowners must be advised that they have 30 days In
which to submit comments on the proposed project to the Division of Coastal Management.
Name Tr rvro}I�.� ."ivrntr = I U L . arbor- b,Svc ',Ry N�Phone No. q tq- 1a1L%J 4
Address 1-34 LB �' t ,
Name 1, ;'; o +� k. town < t'131 S • %pSto.1 Svc '. yNGPhone No. 2
Address ) Sq I Wb." +c'' rn• 1l tea \S:nll�i vfi' W L 2—I 1GS
Name J ' Phora No.
Address
g. A list of pray" state or federal permits Issued for work on the project tract. Include permit numbers, peamidee, and Issuing dates.
Nb YtC
IL Signed consultant or agent authorization form, If applicable. N /tN
I, wetland delineation, if necessary. K/iA
J. A signed AEC hazard nogco for projects In oceanfront and Intel areas. (Must be signed by Pope* owner) TIA/^
k A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), If necessary. If the project Involves expenditure
of public funds or use of public "a, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
and Permission to Enter on Land
I understand that any permit Issued In response to this application will allow only the development described In the application.
The project will be subject to the conditions and restrictions contained In the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of stale and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application Is truthful to the best of my knowledge.
Date 17- 14•02V'22 Print Name LbNimT, r12,r.at<,.ni RECEIVED
Signature AUG 05 2022
Please indicate application attachments pertaining to your proposed project. 17) C M-M H D CITY
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures information i:q j' (°. i = I Lt i- 1'
qji 2 8 2022
282.808-28e8 .. 1.808-4RCeAS'r .. www.nccmaatafroama(lement.nat-

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. (1) is the docking facility/marine:
[)Commercial ❑PublicGovemment IfPr�/6emwungy,
c. (I) Dock(s) and/or pter(s)
(11) Number
I
(lit) Length
(w) Width
(v) Floating
[]Yes kJNo
❑This section not applicable
b. (1) Will the facility be open to the general public?
[]Yes ®No
d. (i) Are Finger Piers included? ❑Yas ❑No
If yes:
(it) Number
(tl) Length
(iv) Wdth _
(v) Floating ❑Yes Dr7No
e. (q Are Pleltomu included? RYes ❑No f. (I) Are Boattgs Included? ❑Yes HNo
If yea: If yes:
(0) Number J_- (ii) Number
(Nil Length (ilq Length
(v) Width
lh � n ,
(IV) Width
(v) Floating []Yeses ZNo r-f KOor Govi.t-,,r�t )'L! If 9! v�'k
Note: Roofed areas are calculated it= dripflne c2nslons.
g. (I) Number of slips proposed
0
(Ili Number of slips existing
0-
I. Check the proposed type of ailing:
❑ Land cut and access channel
[]Open water, dredging for basin and/or channel
[]Open water, no dredging required
❑Other; please describe:
k. Typical boat length:
m. (I) Wit the facility have tie pilings?
[]Yes ❑No
(II) If yes number of lie pilings?
d
h. Check all the types of services to be provided.
❑ Full service, including travel Idl and/or fall, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('Wet slipsl only, number of slips: _
❑ Dry storage; number of boats: _
❑ Boat ramp(&); number of boat ramps: _
❑ Other, please describe:
J. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types). ^, E I VE D
I. (1) Will the feel__be open to the general public?
❑Yes $jNo
AUG 05 2022
DCM-NIIHD CITY
JUL 2 s 2022
282-006-2808 :: 1-88RARCGABT :: revised: '12127106

Form 0CM MP-4 (Strssetk re8, Ntt o 2 of 4)
2. DOCKING FACILITYWARINA OPERATIONS �(ih7s section rsol appfkabie
a. Cherie each of the following sanitary facilities that will be included In the proposed pro)ad.
❑ Office Toilets
❑ Toilets for patrons; Number. Location:
❑ Showers
❑ Boa(botding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
a Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of'No Sewage Discharge' signs proposed.
(li) Give the location and number of'Pumpout Available' signs proposed.
L Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and *No Wake* signs proposed. _
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
). whet will be the manna policy on overnight and No -aboard dockage?
RECEIVE
k. Describe design measures that promote boat basin gushing?
AUG 0 5 2022
I. If thisproJeIX Is an expansion of an existing marina, what types of services are currency provided? DCM-MHD CITY
m. Is the marinaldocking facility proposed within a primary or secondary nursery area? JUL 2 S 2022
❑Yes ❑No
<i
252-808-2808 u'I-80B-ARCOAST r: reviaedt 12t27/08

♦ orfri DGM MP-4 (strue.twes, liege :i of 4)
n. Is the marmaldocking facility proposedAwlthin or adjacent to any shellrish harvesting area?
❑Yes []NO
o. Is the marinaldocking facility proposed wi�tn or adjacent to coastal wetiandshnarsh (CW), submerged aquatic vegetation (SAV), shell bmlom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV [ISO _.
❑WL ❑None
p. Is the proposed marinaldocking facility located within of within dose proximity to any shellfish lease$? []Yes ❑No
N yea., give the name and address of the leassholder(s), and give the proximity to the lease.
13. BOATHOUSE (Including covered lifts) JEThis section not applicable
a. (1) Is the boathouse structure($);
❑Commercial ❑Public/Government ❑PrivatefUmmunity
(11) Number
(lit) Length _
(iv) Width _
Note: Roofed areas are calculated from ddplfne d4monslons.
14. GROIN (e.g. wood, sheeipile, etc. If a rock groin, use MP-P, Excavation and Fill.) ®This section not applicable I
a. (1) Number _
(if) Length _
Oil) Width
5. BREAKWATER (e.g., wood, shaetpile, etc.) tBThis section riot applicable I
a. Length _
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS
a. Is the structure(s):
❑Commercial ❑Publlc/Govemment PIRrlvatarame ity
c. Distance to be placed beyond shoreline -�Q
Note: This should be measured from marsh edge, ff present.
e. Am of the awing _
7. GENERAL
b. Average distance from NHW, NWL, or wetlands
'9This section not applicable
b. Number
d. Description of buoy (color, inscription, size, anchor, etc)
RE( ED
252-808.2808 :: 9-888-ARCOASY :t www.ncc:oasiwlrnnnnpement.not
2022
DCM-MF9D CITY
JUL 2 8 2022
revised: 92127/08

Form ECM MP-4 (Sutrtretures, Posgi- 4 of 4)
a. Proximity of Structure(a) to adjacent rlpar(an property Nnes
Nole: for buoy or mootft pft, use arc of swing MduMng length
of vessel.
a Wd(h of water body
I nit) %e 4
e. (1) WIII navigational aids be required as a result of the project?
[]Yes (NNo ❑NA
(it) If yea, explain what type and how they will be implemented.
b. Proximty of stfucluro(a) to adjacent docking fecilkies.
5 3D ' b sit, l l uoo' %-vx.Ak----
Water depth at water ward end of structure at NLW or NWL
LLil, ' jit,r I' vA N 1,1a
& OTHER ❑This section nor applicable
a. Give complete description:
f% - 9,b- 1b Z 2
Date
Lbk\arr. 5 • JC Ath ��
Project Name C
h.Tn�1(D� � ' '•��.tD..nT
Applicant Name
Applicant Signature
RECEIVED
AUG 05 2022
DCM-MHD CITY
JUL 2 8 2022
252-808.2008 -t 1-8a8-4RCOAST a vrww.noeonstabnonnromont.nut yeVb'ads•yZfZYftt$

ROY COOPER
Gmvernor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Laura and Dutch Bageant
PO Box 2723
Surf City, NC 28445
Dear Mr. and Mrs. Bageant:
NORTH CAROLINA
Environmental Quality
August 3,2022
The Division of Coastal Management hereby acknowledges receipt of your application, requesting
authorization under the Rules of the N.C. Coastal Resources Commission for development activities 100 S.
Harbor Drive, adjacent to Topsail Sound, in Surf City, Fender County. It was received as complete on July 28,
2022 and appears to be adequate for processing at this time. The projected deadline for deciding on your
permit application is October 11, 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 28, 2022, you may request a
meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your
project Such a meeting will be held within five working days from the receipt of your written request and
shall include the property owner, developer, and project designer/consultant
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card to a
telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-
of-way where a private road would lead one into your property. Failure to post this notice could result in an
incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify mein writing if
you wish to receive a copy of my field report and/or comments from reviewing agencies.
cerely,
Jason D I
Field Representative
cc: WiRO - file
Liz Hair, USACE
Holley Snider, DWR
RECEIVED
AUG 05 2022
DCM-MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive E xtemlon I Wilmington. North Carolina 28405
910796.7215

CAMA PERMIT
APPLIED FOR
PROJECT- Applicant proposes to install a fixed
:and oh-Ramf2tan
.,
adjacent o I opsail -Sound in u i y.
m
0
m
m
®MMENTS ACCEPTED THROUGH A st_1QZZ_._----
APPLICANT FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Laura & Dutch Bageant
Po Box 2723 _Y NC Div. of Coastal Management
Surf City, MC 28445 127 Cardinal Dr. Ext.
Agent., n/a Wilmington, NC 28405
Jason Dail 796-7221

0
August 5, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Town of Ocean Isle Beach — Brunswick County
• Laura and Dutch Bageant - Pender County
Hello: Please publish the attached Notice in the Wednesday, August 10, 2022 issue.
ROY COOPER
Gevem ,
ELIZABETH S. BISER
-se—I' v
BRAXTON DAVIS
Vin-mr, lhwslon njCaonn/Af.,.w. m
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
««.•.pieQSe send both original affidavit and invoice./or payment to:
NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Contact number: 910-796-7226 (Customer No. 489895)
Thank you for your assistance in this matter.
Support & Customer Assistance
cc: MHC Files
Cameron Luck — MHC
USACE
RECEIVED
AUG 0 5 2022
DC°1-..':I-10 CITY
Suk ofNonh Caroli,u Envira enW Quality I Coastal Management
127 Cardinal Drive Fit., Wihningb, NC 29405 9197%7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On August 3, 2022, the Town of Ocean Isle Beach proposed to modify
State Permit No. 42-20 to include maintenance dredging within the existing footprint on 13 concrete finger
canals, 3 feeder canals & 2 entrance canals to a depth of -7.0' between Lee St. & Concord St, Union St. and
Moore St., adjacent to the AIWW in Ocean Isle Beach, Brunswick County, And on August 1, 2022, Laura &
Dutch Bageant proposed to install a fixed pier and observation platform at 100 S. Harbor Dr., adjacent to
Topsail Sound in Surf City. Copies of these applications can be examined or copied at the office of Brendan
Brock (Brunswick County) or Jason Dail (Pender County) N.C. Dept. of Environmental Quality, Division of
Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone] (Brendan Brock) or
[phone] (Jason Dail) 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 31, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
AUG 0 5 2OZZ
DCM-iv:�-`J L;3a`t'

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Z Nv vb T L=&U.r,i
Mailing Address: f7.y. ri»r Z7 23
Phone Number: +a -'Zi—ki 'ate
Emall Address: LG,+fia %� a t,tY., k
I certify that I have authorized _ �+<. �. ri3w rho �F r1� i LIA
Agent r Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Y ar t, h d is W r„t h)L)L
at my property located at r oa 5
in ci"'f�.)c.r County.
1 furthermore certify that l 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:
or
Ci
Title
7 l 1 )a 1 1v•u7,
Date
ttAS. +�orkor�t� �vr4 t ,}y� itt '4QM`9S
This certification is valid through ':� l-� 1 l DZ
RECEIVED
AUG 05 2022
DCM-MNID CITY
JUL 2 8 2022
E,� urn. ^fit

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION(WAIVER FORM
Name of Property Owner: Cu,A*t
Address of Property:
L� 4
(Lot or Street if, Street or Road, City & County)
Agent's Name #:y } c l , \�rsa �wY Mailing Address: ?�. b. t`- we ' 11-3
Agent's phone #: y`T .L ZL%44 �
Agent's email: r4x)
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.
1 have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish to waive the setback, you must initial the appropriate blank below.)
I do wish to waive the 15' setback requirement.
...............
I do not wish to waive the 15' setback requirement.
(Prop rty O Information)
`Signatu� J
Print or Type Name
in
Y ), 3b�OK ti—I��
Mailing Address
vr-� W4'T
City/stateop
1)1V- 7-,4- -
Telephone Number
7- /1-- 7D2Z
Date
(Adjacent Property Owner Information)
Signature
_1J r :n.,n i-z • �1?�rown Print or Type Name JUL 2 S 2022
"1(N.tO
Mailing Address
j41 L,1, 1)7; Ylt_ -1-7 265
Citylstatelzip --�
RECEIVED
Telephone Number
AUG 05 2022
Date Clvl-MHD CITY
Revised 611812012

I
2
MIJJ�
6fo"
I
MOVED
JUI, 2 8 2022
00. to YAW 71 To
g'* .0 1
001; MINGTON, NCC
lots,
S
VOSS
44-
L J�I'
-LANG

d�
r1
r
OD Owner: BROWN, BRIAN K
1501 WHITES MILL RD
0
rNv HIGH POINT, NC 27265
Deed Ref: 4455/021
AdProp
pert ! 13{ S. ri Sv c C-"t
Description: L 26, PS 6156, HORSE HAMMOCK BEACH
Sale Date: LAST -SALE -DATE
Land Value:
Plat 00090056
Building Value:
Account No: 964173
Total value:
Township: TOPSAIL
Deferred Value:
n0
Subdivision: SUNSET HA
n
Exempt Amount: 0
49OR
Tax Codes: G01 C53 R46r
ji 1
PCL Class: R
p
m
Heated Set Feet:
v
Cn
<
n
N
o
N
Q
5
112 A112i6 '1 tt::
rCl IUCI %.,UUIILY
12.539
0 0.0175 0.035
OA7 mi
0 0.03 0.06
W 2 Ian
1 inch = 212 feet
N
W F.
8/12l2014
{,�+X�`W
g

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
Name of Property Owner: i o T t rj� ,,-1.,s
Address of Property: 10,7-, tc)ocbsr ' -c 1� A rt�—
(Lot or Street #, Street or Road, City &
Agent's Name#: T)v� .1-1—,ea n'P Mailing Address: }`�.b. ex 1-711
Agent's phone #: ti) iV ` fib y- '31°}Uw e4v� C_ >a�c Y2r _ 25�44 i
Agent's email:
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.
404 1 have no objections to this proposal. _ _ _ _I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in
writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext.,
Wilmington, NC, 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no objection if you have been notified by Certified Mail,
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (If you
wish t ive th etback, you must initial the appropriate blank below.)
e' I do wish to waive the 15' setback requirement.
I do not wish to waive the 15' setback requirement.
(Prop rty Own Information)
rgnature
Print or Type Name
?ti. ]`ztjx 1;1��
Mailing Address
u�d4
064tete/Zip
"ITU--"%4-3%1?,Z
Telephone Number
Date
(Ad!-cont Property
Oymer Informatio I
�%*�ltSZ✓'
Signature
I: )-,A �D.m)-TVCrt�'.S
Print or Type Na ih e
Mailing Address
'NAID Jul �a 8 2022
City/State/Zip
i.'. t NG
Telephone Number / RECEIVED
//0 02�
Date 0 5 2022
Revised 5/181264
DCM-IViND CITY

ALL
APE SE 7 !PO!; S*"F'
C-0 -e
246
J'
WATEP
7
RECEIVED
AUG 05 2022
CITY
444 Ah
JUL 2 8 2022
!c'TON, NC
r
.4

PIN:
4234464240.0000
Owner:
TURNER, TIMOTHY PAUL
134 LAMONT OR
DECATUR, GA 30030
Deed Ref:
1729/273
�s
Property
Z
Address:
102 S HARBOR DR
Description:
LT 2 62A,SUNSET HARBOR,SECT It
1.1,,,.- 1117
Sale Price: $240,000
Sale Date: LAST SALE—Cff E
Plat 00320092 0
t�
Account No: 815302
C
W
7 Township: TOPSAIL
c�
' Subdivision: SUNSET HARM
rNw
Tax Codes: G01 C63 R40
N
o
0
N
N
Acres: 0.78
Land Value: S217,405
Building Value: $157,391
m Total value: S374,796
0 Deferred Value: SO
L'Exempt Amount: 0
ri PCL Class: R
O Heated Sq Feet: 1968
11tr1 E
j1- l 1
, "I
1,,
1111 71.'
1„
111 1111
e
!'I1 1115
/
1'11-,
Q¢ 1112
112?- 1121
OPT' 111:
5a
5
1'I'I b
1111 11:
112-
Pender County
0 02175
12.539
OA35
OW Fri
0 0A3
0A6
0.121an
1 inch = 212
feet
N
W E
6/26/2001
ti

Postal Service" I'
CERTIFIED MAIL@' RECEIPT
io
m
_Llomestic Mail Only
S
Higt fcYJ6+Nrf 27265
„
r•9
-0
CediNd ON Fee
14.00
0482 t)
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■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front if space permits.
;. article Adaeased,o:
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B. Received by (PrBrted Nmee) C. Date of Dot
D. Is delivery address different from item 17 U ye•
It YES, enter dativ,,V A*. a below: 0 No
JUL 2 8 2022
Mall Restricted
9590 9402 5799 0034 4274 08 16 aMD "�etl °a °a" ° Me Return Dais'°`tar
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AUG 0 5 2022
DCM-MHD CITY

Ih # 8K 1498PG262
\ / FLED
99 JUL 30 M11114
JOYCE M. SWICE000
"Nutt CostlyeC7Y
°����199t REGISTER OF DEEOS
$150.00 PONDER COUNTY,RC
n.
,t Reel Eatata
Eaole9 Tex
Stole. ri. $150.00 necwding'now. Book aM Two
TaxLot No.,...,._ ----- ..._.._._....,......,....._.».......,....... ...... ....._............ ,_Parcel Identifier No. ..... .._.,»..._»....._......,._...,...._...___...------ __
V4I�ed by....... . .................................._,.»....._......._..,.,_.County on the ...... ......._._ day of _.........,........... _....._.«............_., 19_........
by....___....,.._..__.._....,.._.__._..._.......,».,.._"'.___..»............._.._.._.,..._................_,..._............,,__......_.............,......_._._._..._.�..,
Nall after recording
TOil Destlppront rrae Prepared by.R:_Daniel Rieto,c,A[k�rne2'..$I:_!'Bw... ..............,........._........,.
If lef d'9ieTlptton fartheIndex IT LSEC ll.% ET IWM
NORTH CAROLINA GI.NHRAL WARRANTY AHED
TWO DRED mxd)i th1s.,.23A _..day of ................... July,_, IU Y,9.,,„ by and between
GRANTOR
Sanest Cove Development, Inc.
409 Johnson Blvd.
Jacksonville, NC 28541
GRANTEE
Laura J. Eageant p�
P. O. Box 2723
Surf City, NC 2844S
S
duo
`axta�
t
Bata In aeeroRhle btoei, for nab soAyr m,.a nddrtn. and, It apir^prlxle rhameler of eRdty, ..s. Corson".. n parlmnal,
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.
WITNES.TRTN, that the Grantor, for a valuable Consideration paid by the Grantee. the receipt of which Is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that
certain lot or patrol of land situated in the City .!.....___._._._Surf City_, Togeail _ .... Township.
....,...,,..._.Bp.Ik1dQE..._..,.._,.._... County. North Carolina and more particularly described as follows;
Being all of Lot 1 of Sunset Harbor -Section II se ahoun on that map entitled "Final Plat,
8uneet Harbor -Section 11, Topsail Township, render County, North Carolina", prepared by John
L. Pierce -Surveying, dated February 17, 1999, said map recorded in Book 32, Page 92 (elide
439), Ponder County Registry.
Subject to Declaration of Conditione, Reservationo and Restrictions recorded in nook 1459,
Page 8, Pander County Registry.
JUL 2 8 2022
N.C. Bar Association Fora No. L-3, 0 197t, Revised 0 1077 .:o 11� U
M»,Moo .r ..",...•. rw. ecu w,

01498PG263
Book , W 103
The property h<retosbore described was acquired by Granter by Instrument roeordad In .........._._._ ...!ads....__..�?......._._......_.
A map showing the sbors described property Is recorded In look 39, Page 92 (Slide e39)
TO HAVl AND TO HOLD the aforesaid lot or Vessel of land and all Privileges end APPnrlenaHees thereto belonging to
the Greater la in simple.
And the Gronler covenants with the Guntur, that Grantor is sehed of the premised In ire dimple, has Uie right to convey
Use game in fee simple, that title Is marketable and free and clear of all encumbrances. and that Grantor will warrant and
defend the title against the lawful claims of all persons whonamever except for the exceptions hereinafter slated.
Title to the property hereinabove described is subject to the following exceptions
Seeomento and Restrictions of record,
lid wMMp� NIIIRtOb @e OnMn W A.,.W It hY D. o.e....1, , 11 •re.u.. l., W @4 m... t le o. tlrnra 4 lu
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w�% c, �,`,�• Y wR4u rr us, end Nrkm a me A, ask who 29M—do, .1............. dilly... u.R4.....
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n.dWaw nN _
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JUL 2 8 2022
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PIN 4234-36.65B5-0000 Sale Price: Aeres 297 i7........J !�_..—A..
la Owner: BAGEANT LAURAJ
PO BOX 2723
N
SURF CITY, NC 26445
N
N
Deed Ref: 149=62
Property
Address: 100 S HARBOR DR
Description: P632192
Sale Date: LAST _SALE _DATE
Plat 00320092
ACco unt No: 59244
Township: TOPSAIL
Subdivision: SUNSET HARBOR
Tax Codes: G01 C53 R40
1t_5, 1122
Land Value: $415,910
Building Value: $101,197
Total value: $517,107
Deferred Value: SO
Exempt Amount: 0
PCL Class: R
Heated Sp Feet: 1710
I L,I 1V1 . 1 VWUI ILy
1:2.539
0 00175 OD35
00716
0 003 O116
012 bn
1 inch = 212 feet
N
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NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC.. 10l Ail t1ov%✓IA
Fee '$ g # 111
CDAITS.— MHCcc—__.
Applicant ✓fR...r
AgenUContractor N/A-
Project Site County:
Staff: Wilmington
Project Name —
Rover File: n/a
R ver Basin Q
Initial date of application submittal: 1 y� ZZ'
Date application 'received as complete" in t e Field office:
/
SITE DESCRIPTION/PERMIT INFORMATION (V9
�rORW ❑Yes !Jo PNA:AYes No i
Photos Taken: Yes ❑ N -
Setback Required (riparian): es �]No-
- -----
i_.__R
-.--
15 foot waiver obtained: Yes ❑No
Hazard Notification Returned.
❑Yes [ -
Critical Habitat ❑Yes No ❑Not Sure
SAV: ❑YesNo ❑ Sure Not
hell Bottom. ❑yes AtO ❑ Not
Sure
Temporary Impacts: es ❑No
Sandbags Yes Wo Not Sure
Did the land use classification come
from county LUP:AYes ❑No
Mitigation Required (optional)
❑Yes "10
Moratorium Conditions:
❑Ye9NNo ❑NA
--
F Shellfish Area Designation:
pe -or- Closed _-�-.
Environ ental Assessment Done:
[]Yes NNo ❑NA
Project Description: (code)
�_
Length ref Shorelines.
�JZ FT
1 Development Area: (code)
0 • �d _'...
SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4)
❑ Future
alWater
Su�pPj
(( WS) — -•--Nutrient Sensitive Waters (NSWj ❑Swamp Waters (SW}
— -
--
----
OutstandingResource Waters (ORV� j
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdiptional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswon (Salicornia sp,)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Sall marsh cordgrass (Spanma (SY) Sall reed grass (Spartina
alterniflora) • cynosuroides)
--- — -- cirp p.
Ll (DS) Salt or spike grass (Distichlis i ❑ (SC) Bullrush or three square (Scirpus ❑ (TY Cattail (Typha spJ
spicala) spJ
❑ (JR) Black needlerush (Juncus ❑ (SP) SalVmeadow grass (Spartina
roemerianus) patens) —
APPLICATION FEE
i El No fee required - $0,00 ❑ III(A) III(A)�Private w/ D&F up to 1 acre 3490 ❑ 10(D) Pnvpublic or comm w/ D&F to 1
can be applied - $250 acre, 4144 cant be applied - $400
❑Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of
permit - $100 permit - $250 more than 1 acre - $475 -�
El Permit Transfer --$100 II1(B) Public or commercial w/ D&F to 1 '.. Express Permit • 52000
acre, 4144 can be applied $400
Major development extension request - II. Public or commercia6no dredge RECEIVED '
$100 I andlor fill - $400
�IVT1. Private no dredge andlor fill - $250 j ❑ III(C) Privpublic or Comm w�D&F to 1
I acre. 4144 can be applied; DCM needs Ag 0 5 ?022
i DWQ agreement - $400
0CM1 -MHD CITY

Applicant: C4( v#'Q i
Date 7 f.�•
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.
f
TYPE
REPLACE
I '
I
Activity Name
Number
Choose
One
Choose Dimension 1
One
Dimension 2 Dimension 3 Dimension 4
New Work
Replace
Maint ❑
❑ Y N
�j
New WoW
Replace Zo
i
:i
Maint ❑
❑ Y
New Work ❑
Maint ❑
New Work
Replace
❑ Y ❑ N
Replace
Maint ❑
❑ Y ❑ N
�—
New Work �
Replace
Maint ❑ (❑
Y ❑ N
I
� New Work
Replace
(
Maint ❑
❑ Y ❑ N
ff New Work El
Replace
Maint ❑
❑ Y ❑ N
New Work Lj
Replace
Maint ❑ (❑
Y ❑ N i
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
DISTURB TYPE
Disturbance total
disturbance. `
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
i
restoration or
andlor temp
restoration or
temp impact
temp impa
impact amount)
temp impacts)
amount
/V
Dredge ❑
Fill ❑
Both ❑
Other
i
Dredge ❑
Fill ❑
Both ❑
Other ❑
_-
-�-- _--
Dredge ❑
Fill ❑
Both ❑
Other ❑
!
Dredge ❑
Fill ❑
Both ❑
Other ❑
y
I
r
III
I
Dredge ❑
Fdl ❑
Both ❑
Other ❑
j Dredge ❑
Fill ❑
Both ❑
Other ❑
L
Dredge ❑
Fill ❑
Both ❑
Other ❑
l
--
4
t
Dredge ❑
Fill n
Both ❑
Other
jr—CE-11"ED
❑
--J
AUG
05 7079
C3 s"".:;••. ?its CITY
919.733-2293 ;: 1-888-4RCOAST :: www_nccoastatmanaAemeant.net revised: 02.2&18

Date Date Check From Name of Vendor Check Check Permit Rct. #
Received Deposited 1Permit Holder Number amount Number/Comments
i
8/4J2022 Sunsets on Water, Bageant 86&� T 1114 $250.00 major fee, 100 S Harbor Dr, Surt JD rct.
LLC City PnCo NO Split 18118

Major Permit Fee Schedule
Protect Name LAU i I/ VftA
.
/'lvDr !!i N
County' f 4M <. Check No & Amount.
'il
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% (S0)
excavation of any wetlands or
open water areas.
II. Public or commercial development that
does not involve the filling or excavation
Sa00
100% (S400)
of any wetlands or open water areas
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C. or D below applies
III(A). Private, non-commercial
development, if General Water Qu
1 250)
0%($0)
Certification No. 4175 can be ap dIII(B).
H$4001
Public or commercial developmentif
General Water Quality Certification
100 $4001
0-:4, 'S01
No. 4175 can be applied
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
Sg00
60% ($240)
»Or>> (S 160)
review and written DWQ concurrence is
needed because of concerns related ro
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied
IV. Development that involves the filling
and/or excavation of more than one acre
5475
60% ($285)
40% ($190)
of wetlands and/or open water areas.
RECEIVED
2022
CITY

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AMPS
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

December 16, 2022

Regulatory Division

Action ID No. SAW-2022-01970 and State Permit No. 120-22

Laura J. Bageant
P.O. Box 2723
Surf City, NC 28445
[e-mail]

Dear Ms. Bageant:

Reference your application for a Department of the Army permit to construct an access pier and a
fixed observation platform in waters adjacent to the Topsail Sound, at 101 S. Harbor Drive, in Surf City,
Pender County, North Carolina.

Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.

If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2026.

Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, email: [e-mail].

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

-2-

Enclosures:
GP 291 conditions
CAMA permit No. 120-22, dated 10/31/2022
Plans dated 7/19/2022 and 7/22/2022
401 Certification dated 9/13/2022
Manatee Guidelines

Electronic copies Furnished:
Agent/Contractor; Mr. Dutch Bageant
NOAA/NMFS; Dr. Pace Wilber/ Ms. Twyla Cheatwood
NCDEQ/DCM; Cameron Luck/ Amanda Cannon
NCDEQ/DWR; Holley Snider
USFWS; Mr. Pete Benjamin/John Ellis
USEPA; Mr. Todd Allen Bowers

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~-------;? rt---ffr--.-/A ___ -
,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
Permit Class Permit Number
NEW 120-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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 Laura Bageant, PO Box 2723, Surf City, NC 28445
Authorizing development in Pender County at adj. to AIWW, at 100 S. Harbor Drive, in
Surf City , as requested in the permittee’s application dated 7/20/22 (MP-
1, MP-4), including work plan drawings (4) Sheets 1-3 of 4, dated 7/19/22 and Sheet 4 of 4, dated 7/22/22
This permit, issued on October 31, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

All work must cease when the permit expires on

October 31, 2027

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.

Signed by the authority of the Secretary of DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Fixed Pier and Platform

1) This permit authorizes only the access pier, partially covered platform, and other structures and uses
located in or over the water that are expressly and specifically set forth in the permit application. No
other structure, whether floating or stationary, shall become a permanent part of this 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 formalized boat slips.

(See attached sheets for Additional Conditions)

Laura Bageant Permit No. 120-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) Any portion of the permitted access pier and platform built over wetlands shall not exceed six feet in
width and shall be elevated a minimum of three feet above the wetland substrate as measured from the
bottom of the decking.

4) 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.

5) The authorized the partially covered platform shall not be enclosed. Any material used on the sides shall
not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with
benches are permitted. Lattice is specifically excluded from being used under this authorization.

6) The roof of the partially covered platform shall not be designed for second story use.

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 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.

10) Should the northern lot be sold prior to the initiation of construction of the facility, the permittee shall
obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to
construct the portion of the authorized structure within the property owner’s riparian setback, and submit
it to the Division of Coastal Management prior to initiating construction of the facility.

Sedimentation and Erosion Control

11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

12) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

13) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

Laura Bageant Permit No. 120-22
Page 3 of 3

ADDITIONAL CONDITIONS

14) 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.

15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 5159 and assigned the project DWR Project No. 20221087.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.

NOTE: An application processing fee of $250 was received by DCM for this project.

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

September 13, 2022

DWR #20221087
Pender County

Laura J. Bageant
PO Box 2723
Surf City, NC 28445

Subject: Approval of Individual 401 Water Quality Certification
Bageant Viewing Platform
USACE Action ID. No. SAW 2022-01970

Dear Ms. Bageant:

Attached hereto is a copy of Certification No. WQC005159 issued to Laura Bageant dated September
13, 2022. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification.
If you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a
copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all
other required Federal, State, or Local approvals before proceeding with the project, including
those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply
Watershed, and Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege
in any lands or waters, or any right of use in any waters. This Water Quality Certification does not
authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any
other person and does not create any prescriptive right or any right of priority regarding any usage
of water. This Water Quality Certification shall not be interposed as a defense in any action
respecting the determination of riparian or littoral rights or other rights to water use. No
consumptive user is deemed by virtue of this Water Quality Certification to possess any
prescriptive or other right of priority with respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the
corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project,
regardless of the expiration date of this Water Quality Certification.
DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 2 of 8

Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must
notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to
sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or
the next business day if a weekend or holiday) from the time the permittee became aware of the
non-compliance circumstances.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition
are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-
3000.
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact John Perry at 910-796-7341 or [e-mail] if you have any
questions or concerns.

Sincerely,

Tom Tharrington
Assistant Regional Supervisor
Water Quality Regional Operations Section

cc: Dutch Bageant (via email)
Liz Hair, USACE Wilmington Regulatory Field Office (via email)
Todd Bowers, EPA, (via email)
Gregg Bodner, DCM (via email)
DWR 401 & Buffer Permitting Branch Electronic file

DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 3 of 8

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC005159 is issued in conformity with the requirements of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200, to Laura Bageant, who has authorization for the impacts listed
below, as described within your application received by the N.C. Division of Water Resources
(Division) on August 8, 2022 and by Public Notice issued by the Division of Coastal Management on
July 31, 2022.

The State of North Carolina certifies that this activity will comply with water quality requirements
and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL
95-217 if conducted in accordance with the application, the supporting documentation, and
conditions hereinafter set forth.

The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact

Amount Approved
(units) Permanent
Plan Reference
Open Waters
(incorporated)
0.1 ac Narrative

Coastal and 404 Wetland
Shading
0.1 ac

This approval requires you to follow the conditions listed in the certification below.

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:

1. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 4 of 8

3. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class
SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range
between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of
natural conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if
turbidity exceeds this level due to natural background conditions, the existing turbidity
level shall not be increased.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)),
wildlife, and secondary contact recreation]; and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.

4. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil)
sites, including contractor-owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA,
WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 5 of 8

streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
5. Sediment and erosion control measures shall not be installed in wetland or waters except
within the footprint of temporary or permanent impacts otherwise authorized by this
Certification. If placed within authorized impact areas, then placement of such measures shall
not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or
streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the
natural grade restored within two (2) months of the date that DEMLR or locally delegated
program has released the specific area within the project to ensure wetland standards are
maintained upon completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses (including
aquatic life propagation and biological integrity), and the water quality to protect such uses, are
protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any
surface waters or wetlands downstream, continue to support existing uses during and after project
completion. The Division must evaluate if the activity has avoided and minimized impacts to
waters, would cause or contribute to a violation of standards, or would result in secondary or
cumulative impacts.
7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self-monitoring, record keeping and reporting requirements is required.
DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 6 of 8

Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC
02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and
(21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in
streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as
trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed
25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing
turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other
solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on
existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts
that may cause adverse impacts on existing wetland uses.
8. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
9. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils,
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely
affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As
cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be
present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials
DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 7 of 8

producing color or odor shall not be present in amounts that may cause adverse impacts on
existing wetland uses.
10. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands
such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
11. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons
or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum
spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill
less than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
12. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation of
standards, or would result in secondary or cumulative impacts.
13. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this Water Quality Certification. A copy of this Water Quality Certification
shall be available at the project site during the construction and maintenance of this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this 401
Water Quality Certification to minimize water quality impacts.
DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E

North Carolina Department of Environmental Quality Division of Water Resources
127 Cardinal Drive Ext. Wilmington, North Carolina 28405
910.796.7215

Laura Bageant
DWR# 20221087
Individual Certification #WQC005159
Page 8 of 8

This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in
effect on the date of issuance shall remain in effect for the life of the project, regardless of the
expiration date of this Certification. [15A NCAC 02H .0507(c)]

This, the 13th day of September 2022

Sincerely,

Tom Tharrington
Assistant Regional Supervisor
Water Quality Regional Operations Section

TT/JP
DocuSign Envelope ID: 9292EFBB-E478-4F7A-A292-6623832ECA1E
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 measure 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.
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 ext. 16), 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 ext. 16), 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 entangl ed. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
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.