2-15 MM Nickerson, Rand

Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V e r m t t
for
Permit Number
DECEIVED
JAN 0 3 2017
DCM- MHD CITY
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Rand Nickerson, 317 Bradley Creek Point Road, Wilmington, NC 28403
Authorizing development in New Hanover County at Paces Creek, 317 Bradley Creek Point Rd,
WilmingWn, , as requested in the permittee's application dated 6123/16 (MP-1 & MP-4), 12/7/16
(MP-2), including the attached workplan drawings (4), Sheets 4, 5, & 7 of 11 dated 6/9/16, & Sheet 6 of 11 dated revised 11/14/16.
This permit, issued on December 13, 2016 , 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
oe subject to tines, imprisonment or crvu action; or may cause me permit to ue nuu ana vota.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other
structures and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part
of this docking facility without permit modification. No non -water dependent uses of structures shall
be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(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
December 31, 2019
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
rov- Braxton . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Rand Nickerson R E C E I V E pPermit No. 2-15
Page 2 of 5
JAN 0 3 2017
ADDITIONAL CONDITIppONSMM nn ((��
3) No attempt shall be made by the permittee to prevent the fuTlCand 'free�useTyihe public of all navigable
waters at or adjacent to the authorized work.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
8) The roof of the covered platform shall not be designed for second story use.
9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
10) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
11) This permit authorizes a maximum of 2 formalized boat slips in association with this docking facility.
Excavation
12) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the North Carolina Division of Coastal Management
and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies.
13) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
14) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters.
15) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.

Rand Nickerson Permit No. 2-15
JAN 0 3 2017 Page 3 of 5
ADDITIONAL CONDITIM M _ M H D CITY
16) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
17) No spoil material shall be placed within 30 feet of the normal high water line.
18) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
19) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Maintenance Clause
20) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
U.S. Army Corps of Engineers Conditions
21) 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 hLtp://www.fws.gov/nc-
es/mammal/manatee guidelines.ndf.
22) The width of the access channel shall not exceed 20 feet as described on the revised plans dated
November 14, 2016.
23) A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh
vegetation shall be instituted as described and shown in the revised plans dated November 14, 2016.
24) Best management practices identified as field marking existing oyster reefs and shell bottom locations at
low -tide shall be implemented in order to prevent construction and dredging equipment from negatively
impacting those resources.

Rand Nickerson Permit No. 2-15
JAN 0 3 2017 Page 4 of 5
ADDITIONAL CONDIIDQM- M H D CITY
25) 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 authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due
notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States or the State of North Carolina.
26) Approval of the structure is based on determinations that there would be no obstruction to navigation.
The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not
be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats
will not be damaged by wave wash.
27) The authorized structure and associated activity must not interfere with the public's right to free
navigation on all navigable waters of the United States. 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 reason other than safety.
28) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner
as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of
waters or wetlands.
29) Except as authorized by this permit or any USACE approved modification to this permit, 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.
30) 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
I I3A Article 4).
31) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to
its pre -project condition.

Rand Nickerson Permit No. 2-15
Page 5 of 5
ADDITIONAL CONDITIONS R E C E I V E D
JAN 0 3 2017
General
DCM- MHD CITY
32) 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.
33) The permittee and/or his or her contractor shall meet with a representative of the Division and the US
Army Corps of Engineers prior to project initiation.
34) This Major Modification shall be attached to the original of Permit No. 2-15, which was transferred to
the permittee on 9/14/15, and copies of all documents shall be readily available on site when Division
personnel inspect the project site for compliance.
35) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-1159.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-02096.
NOTE: An application processing fee of $400 was received by DCM for this project.

w9p
Action 11) No. SAW-2014-02096
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Nickerson Dredge and Docking Facility
Attn: Mr. Rand Nickerson
317 Bradley Creek Point Road
Wilmington, North Carolina 28403
Dear Mr. Nickerson:
January 6, 2017
Reference your application for a Department of the Army permit to dredge an access
channel and navigational channel to a proposed docking facility in Bradley Creek located at 317
Bradley Creek Point Drive, Wilmington, New Hanover 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 and
attached Federal special conditions. 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, 2021.
FIECk IVEC)
DCM WILMINGTON, NC
JA.N 092017

stiObs br-cbnnfielftrnaybeaddressed to Mr. Tyrler,;Ciqrn$lqyj Wilmingto4, Je14
Office, -'Rog ufat6ryitanob,,ieleplione 91;0-2 '1-4170;
Ty e
)IeguIatoryP,rqjeU'M
J✓ndqsures:-
Copy furnished (Wkfidldsordg),i
Lau -astag,oich
,tand,Management'ftup, JhQ.
3865 Wrighisvillg,, enueSuite 15
Wilmington, Mith Carolina, 28403
O,qlnc.s-fiIw$bt,d;(yv/o eoplqsurei),.,
I)r. Pace Wilber
.NationaIMAiihe,Fi&rk§&mce
Johnson-Rpad ,29 Fort
,Charl s(cqij SAqgi Piqq!Ina 294127911,0,
Dh K nR&',
National -'I ar-me Pigheries Service
,144iiat ConsprvationSQrVice
Tiym-Wano,;
'Be 1 ,apf6d�.North Cakolina� �.28 516
Z8557-101

NIs Debra Wilson,
Division. of.Coastal'-Management
2�lorth Carolina Depaetme'nt;of'
Enviioniriental.Qual ty
127 Cardinal Drive
Wilmingtonn; North Carolina 28405
Ms Karen iFiggns
Division : of, Woo: Resources.
North Carolina Departmcnt pf
Environmental Quality
1659Mail Service Center
Raleigh, l44Cafbiliia 2700-1650:
Mr Pete,;$enjonin
U. $ Fist and Wildlife Service
Fishand" Wildlife Enliaricement.
Post Office Box 33726;
Raleigh, IVoirth Carolina 27636-3726,
MT; Todd Allen Bowers
US EPA Regioii 4106w'Scidhtist
Water Pioteaton I?ivisloh
6r. rots yth Street SW
[1tlanta,.Geor$ia 3Q303, $360
BOSN3 M&. Scott McA-1oori
I7 tdd'States,,Coast Guard,
SectorNC Waterways Management
25:of E,.Fort'Macon Road;
Atlantic.Beach,,North' Carolina. 2851Z
Als. I3eathdr Coats
Division of CoastalIvlanagement
h[gzth Cargln14 Department of,
1 nvironmenfal`Quality,
127 Cardinal,Drive
VVilmYrigton; North`Carolina, 2846-
WRoblr Ma rs,
Division of Water.Resources
North Carolina De'pazhneff of
Environmental, Quality
127 Cardinal Drip
Wilmington, North Carolina 28405.
It]

.Special Conditions
- I,: Inurder to-ftntherprolect,tlic:endan,gered West Indian Manatee, Tilch6chiig. ttis; the
applicant musAm-pienent�th&-U-S-.F--i' and Wildlife Guidelines; and strictly,adliexe
to therdift. Th6,,'gdf at hijb: goidtc;
'es/ff Ymaruiiee-� 'tin guide es.pdf
2. The:width of theaccesschannel shall nc;t_excecd,20.fecf as described birtheJevisod pkfis'
dAtbdD&cdinfi&r 6xml[-6-
3. A;fen-foofilrpdge o m oyster aggrega %et':Noxn,aIIvvOlaads,-oy r f,fo_ns,6h6Il. tottom, and. ernqrgent
salt,marsh vegqta4qn shall be dpqq#hq:d and shown TpvtsqOpjps dated December,,6,.
2-616-."
Alf txcavated.matbriads-will be cohfinedlandw-4of
PyNegetatO _W6t� si orsfe -of. dredged m4tpri4ls, 4tp
loO,Atioiia'atJC)w-tiab,'s'hal-l.b�e'iinlenS: BeStmauageinentpiactices identified as field marking existing oyster reefs' and sliell bottoxti, Aeg4*el�*acfiug.I'ios resources;
6.
'7; jApperguyee,muls6#1
prescribed,by,the U.S. Coast Gua
further . -rm`Ath)ntfie:p&
712-2101.
Allmork
the
es; no:ex¢avation r fIllng' a,I d vines: tivill
be
,k,aO (if any year AQAfhout the prior approYdI of the
; Ah&U.S. Army, Corps ofFu&cors;
ights and signals
IrizedAcifitia, For
8afetvX5 atvt4
in strict, compliance.withAhe
tbAfibsb plans ,must e. bnPL approved
9, lhe'dpcks and piers a)don#' ing over wetlands will be - elevated sufficiently -�3
�(A pli#innun of
feet)jabovq the wetland subgtrate,jq`pr al cyf_Ttfpt shading of yegetation, substrate,; or other elements of
the aquatic environment:
fik Thep6m-Attee; understands and agrees that,, ifffitur&.operations by, the, Uhiteo'fttes_;re%pre.
the gemoval,,;rglocation, of qtheOltpratim.oif the str
ucture work he_r9iuAujhpijzed, or -if, in the:
qp.W,o4;9f ke_Spqetqy gfthe , agthpFizcd reRresentAtivej said structure or worishA.cause.
lunreasonable obsttuction'to-the fr&6:fiaVigdtiofi-oftd navigable WA Iters,'the I p& - e, will _bd iequ,,*re,a.,,
4

upon due ,noticemfromthe. U.S.. Army Corps ofEngineers, to remove., elocate, or alter the structural work.
orobshucttoris:causedthereby, wthouf expense to 1he'United'Sfafes.
11. =A pprovalpfthestructureisliasedondetoiininafonstHa`ttheretiwouldbe�noobstruetionto
navigation.. The structure may be; damageill y way e wash from+passing vessels: Issuance of this permit
should iiofhe_construed, as relieving the permittee: of.taking,proper.step_s to insure the structure and
.moored boats'will f6t:be damaged by wave.mashs
12:;The authorized structure and associated activity musf not interfere with"the public's rightto;
free navigation on all navigable waters ofthe United'Statis. N6: *empt wilt be made by the permitEe9-
,to pievent,.the full and -free use:bythe public::of all navigable waters ator.:adjacentto. the authorized work
for;reaso'n other than safety.
'11 Except as ispeoill6din the plans, attaoheil to this pet7nit; no excava$on, fill :or mechanized'
land -.cleating; activities shall take;place at.any fmie in the eonstruetion or maintenance of this project,, in
sach a maunef" to impair`nor`inal Bows" and -circulation pattbms.within waters or -wetlands or to reduce.
the xeach of waters or:wetiauds:,
14. Except as autboiized by this permit or anyUSACE approved modification to Es=permit;'no;
excavation,, fill; or mechanized land=clearing activities shall dIce,place.atany tune in;the construction or
nianitenance of this project, Mtliin waters or wetlands: This permitdoes:riot authorize temporary
plaoement'or 4iouhlehandling of:excavated:orlfill matexial within;waters or,'tyetlands%biitside;ile
permitted area... This prohibition applies to all 6orrawcaud.fill,activrties connected with this project.
15. All mechanized;e rtrpmentwift bea'egularlyinspected;and maintained to prevent
q�
contairiimdtioii ofwaters:.and wetlands ftoinluels, lubricants, hydraulic fluids, m other tonic materials:
In the event of.a spill of petroleum productsor any, other hazardous waste, ,the permittee shall
imWdq*tely report rt to the N.C: Division of Water Resources at'(919) 733-50&3,1szt 526 or ($00) 662
7956'and.provisions of the North Carolina Oil Pollution and'Hazardous'Subsfauces Control Aet wi11 be'°
followed.
16, LJnlessofheiwlseauthorized'bythispetmit:ailfiil;materialplacedixiwaters;ot�vetlauds
shall be generated, fronr an upland source and will be, clean and flee of anypollutants; exeeptin trace
quantities. Motal+products, organio materials (including debits &'om,land' clearing acfivifl4 or
unsightly, debris Wilmot be"rised.
17, Tfthe permitfee discovers;anypreviouslyvplorown hisiorie,or archeological.remains while
accomplishing the authorized work; he will imrnediatelynotify the L'Vihnington 11
iftieCEngineer who
will initiate the iequired`coordination..procedures.
18.
conditi0m,
shall be available at the projectsife;
during construction and maintenance of thisprojeet:
5'
of

19:. The perinittee shall emliloy all sedirdentatidt and' erosion controrrheasures necess_aryao:
prevent an increase in sediramtkipporiurbi, city within wafers and wetlands outside the permit atea_,
This shall include, but,isnot liuiited,to-; the immediate installation of siltfencing or,similar appropriate;
devices around all areas subj eet:t'o soil.: disturbance or the.moveurent of ea then fill,, and the. iruthediatc
sta> iI zafion of all disturbed areas. Addill6hally,'the_pibjectmust remain infiill_compliance; VA all
aspects of the SedimentatianPolIutlon Conttol.Act:of'1973 (North Carolina Generd1katutes Chapter:
l l3A Article;4),
20, The.activity will be conducted in such.a inanner'asto,pieGentA significant increasein
ttirlidity outside the area of constraretion o`r obnstr-rctitin-rcIated drschazge; Increases such that:_tlie,
.turbidity in the watetbody is:SQ NTU's or- less in all.rivers not designate&& irouf wafers'by the North
Carolina Division, of Environmental lYanagement (NCDEM)25, NTU's orless in all saltwater classes
and --'in of lakes and"reservoirs, and 10 NTUis or less In trout waters, are.not considered significant.
21. Tlie permittee, uponreceipt of anohce of revocation of this Hermit or upon its expiration
before comptefion offt-worlc`will, wrthoutexpense to^the United States and m suoh time andimanner as
the. -Secretary ;oftlre :army or his authorrzedrepreseritativemay duegt, restore the water or wetland to its
pre=project, condition.
22.. Violations ofthese eoiidrtions orviolafions_of section404 of.the CleadWAcr Actor section
06f the.ltivers and`T3arboxs Actriiusf be repoiled inver ring to;the"Wilmlagton Distiict U S Axmy'Corps'
of Engineers• within 24' hours ofthe pemiittee's'discoyery of the.violation:
m

f
Coastal Management
ENVIRONMENTAL QUALITY
January 20, 2017
Rand Nickerson
c/o Adam Knierim
108 Circle Dr.
Hampstead, NC 28443
Dear Mr. Knierim:
ROY COOPER
G"",,,,,
WILLIAM G. ROSS, JR.
huerlm Skrre,nry
BRAXTON DAVIS
Ph.,,,.
This is in reference to your request, acting on behalf of Rand Nickerson to modify State Permit No. 02-15,
most recently modified on December 13, 2016 for maintenance dredging.
The action proposed in this submittal is a one- time revision to the currently authorized spoil disposal
located at the confluence of the AIWW and Motts Channel (USACE Disposal Site No. 0248). The proposed action
includes disposing of the approximate 1,000 cubic yards of material dredged by bucket to barge at the spoil disposal
site located adjacent to the hydraulic dredge USACE Disposal Site No. 0251 (Shinn Creek). This request does not
propose a permanent change to the currently authorized spoil disposal site.
Upon reviewing the information provided, the Division of Coastal Management has determined that the
proposed action is consistent with existing State rules and regulations and is in keeping with the original purpose and
intent of the permit. This Letter of Refinement authorizes the modification of State Permit No. 02-15 as described in
your letter dated received by our office on January 12, 2017. Please note this refinement does not alleviate the need
to obtain any other local, state or federal permits.
Please let me know if you have any questions concerning this modification, or if I can be of any other assistance.
Sincerely, ✓Q
Debra D. Wilson
District Manage;
cc: WiRO file
Heather Coats, DCM
Doug Huggett, DCM
Tyler Crumbley, USACE
Nickerson, applicant
RECEIVED
JAN262017
DCM— C&dHD CITY
Stem of North Carolim I Environmemal Quality I Coastal Management
127 Cardinal Drive ExL, Wilmington, NC 28405
910-796-7215

i
MARITECH DREDGING 108Circle Dr. Hatnpstead,NC28443
Innovative Solutionsfor the Marine Environment office 910.270.4058field 910.297.7710
fax [phone]
January 12, 2017
NCDCM c/o Heather Coats
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Dear Ms. Coats,
I am writing to request a onetime disposal site modification/site change to an existing Major
Permit #2-15 for upcoming work to be conducted within the designated dredge template as
permitted. The project site is located at 317 Bradley Creek Point Road in Wilmington, NC. The
designated disposal site originally specified within the permit is a private disposal island located
near the confluence of Motts Channel and the Atlantic Intracoastal Waterway (AIWW) (Beane
Disposal Area). Under this onetime request, we would like to utilize a privately owned disposal
island located at Shinn Creek near Masonboro Net (Shore Acres Site). I am attaching written
authorization from Shore Acres Company for disposal site use to this letter.
Please feel free to contact me directly with any questions regarding this onetime request or any
other element of the project as proposed. Thanks again for your time and consideration on this
matter.
Sincerely,
Adam C. Knterim, M.S.
President
RECEIVED
JAN 2 6 2017
DCM- FAND CITY

1/13/2017
Gmal - Disposal Site Use
Gmail
Disposal Site Use
2 messages
Adam Knierim <[e-mail]>
To: Kristin Lee <[e-mail]>
Adam Knierim <[e-mail]>
Wed, Jan 11, 2017 at 4:31 PM
Kris,
Hope all is well. I wanted to touch base on an upcoming project that we have in Bradley Creek. The project is for the
Nickerson family and consists of placing approximately 1,000cy of material. I am writing to request use of the island for
disposal of material derived from the project. As in the past, an emailed response granting permission will suffice for
permitting purposes. Thanks again and talk to you soon.
Adam C. Knierim, M.S.
President/Coastal Geologist
Maritech, LLC
108 Circle Drive
Hampstead, NC 28443
office 910.270.4058
field 910.297.7710
fax [phone]
Kristin Lee <[e-mail]> Wed, Jan 11, 2017 at 4:37 PM
To: Adam Knierim <[e-mail]>
Shore Acres grants you permission to dump spoil on its island as you have requested-
-Kristin Lee
On Jan 11, 2017 4:31 PM, "Adam Knierim" <[e-mail]> wrote:
Kris,
Hope all is well. I wanted to touch base on an upcoming project that we have in Bradley Creek. The project is for the
Nickerson family and consists of placing approximately 1,000cy of material. I am writing to request use of the island
for disposal of matdrial derived from the project. As in the past, an emailed response granting permission will suffice
for permitting purpwes. Thanks again and talk to you soon.
Adam C. Knierim, M.S.
President/Coastal Geologist
Maritech, LLC
108 Circle Drive
Hampstead, NC 28443
office 910.270.4058
field 910.297.7710
fax [phone]
RECEIVED
JAN 2 6 2017
DCM- C71-11D CITY
httpsJ/mail.google.can/maillu ?ui=28ik=59P288246c&view=pt&search=inbox&th=1598f717c8ea5Bc9&dsgt=l&siml=159af717c8ea58c98simI=1598rrlOs69c5... 1/1

rPermit Class
MODIFICATION/MAJOR
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
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
2-15
Issued to Rand Nickerson, 317 Bradley Creek Point Road, Wilmington, NC 28403
Authorizing development in New Hanover County at Pages Creek, 317 Bradley Creek Point Rd,
Wilminrrton , as requested in the permittee's application dated 6/23/16 (MP-1 & MP-4),12M16
(MP-2), including the attached workplan drawings (4), Sheets 4, 5, & 7 of 11 dated 6/9116, & Sheet 6 of 11 dated revised 11/14/16.
This permit, issued on December 13. 2016 , 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
De subject to noes, imprisonment or crvu acuon; or [nay unuba we PciuuL w UV uuu auu ruau.
Dockine Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other
structures and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part
of this docking facility without permit modification. No non -water dependent uses of structures shall
be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be KjLHeA ff ftd
throughout the entire existence of the permitted structure. trl E-- 1 V
(See attached sheets for Additional Conditions) C E C 2 0 2016
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
December 31, 2019
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 ,Secretary of L&Q and the
Chairman of the Coastal Reso eJ•Commission.
d ti 14A4P&
Braxton . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee

Rand Nickerson Permit No. 2-15
Page 2 of 5
ADDITIONAL CONDITIONS
3) 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.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) The permittee shall install and maintain at his expense any signal fights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.
8) The roof of the covered platform shall not be designed for second story use.
9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
10) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
11) This permit authorizes a maximum of 2 formalized boat slips in association with this docking facility.
Excavation
12) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the North Carolina Division of Coastal Management
and the U.S. Army Corps of Engineers, in consultation with appropriate resource agencies.
13) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depthQ
excavation exceed the depth of the connecting waters.
s'� N
14) No excavated or fill material shall be placed at any time in any vegetated wetlands or su►iAdndigg
waters. ( )
L' 1 0
15) The temporary placement of double handling of excavated materials within waters or vegetatedQ;;dands
is not authorized.
U
L
0A

Rand Nickerson
ADDITIONAL CONDITIONS
Permit No. 2-15
Page 3 of 5
16) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
17) No spoil material shall be placed within 30 feet of the normal high water line.
18) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
19) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Maintenance Clause
20) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
U.S. Army Corps of Eneineers Conditions
21) 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 htt1)://ww­w.fws.gov/nc-
es/mammal/manatee guidelines.pdf.
22) The width of the access channel shall not exceed 20 feet as described on the revised plans dated
November 14, 2016.
23) A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh
vegetation shall be instituted as described and shown in the revised plans dated November 14, 2016.
24) Best management practices identified as field marking existing oyster reefs and shell bottom locations at
low -tide shall be implemented in order to prevent construction and dredging equipment from negatively
impacting those resources.
RECEIVED
DEC 2 0 2016

Rand Nickerson
ADDITIONAL CONDITIONS
Permit No. 2.15
Page 4 of 5
25) 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 authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due
notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States or the State of North Carolina
26) Approval of the structure is based on determinations that there would be no obstruction to navigation.
The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not
be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats
will not be damaged by wave wash.
27) The authorized structure and associated activity must not interfere with the public's right to free
navigation on all navigable waters of the United States. 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 reason other than safety.
28) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner
as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of
waters or wetlands.
29) Except as authorized by this permit or any USACE approved modification to this permit, 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.
30) 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).
31) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as
the Secretary of the Army or his authorized representative may direct, restore the water or wetland to
its pre -project condition.
j u
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U 04
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t

I�
Rand Nickerson
ADDITIONAL CONDITIONS
General
Permit No. 2-15
Page 5 of 5
32) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
33) The permittee and/or his or her contractor shall meet with a representative of the Division and the US
Army Corps of Engineers prior to project initiation.
34) This Major Modification shall be attached to the original of Permit No. 2-15, which was transferred to
the permittee on 9/14/15, and copies of all documents shall be readily available on site when Division
personnel inspect the project site for compliance.
35) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
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: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-1159.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-02096.
NOTE: An application processing fee of $400 was received by DCM for this project.
RECEIVED
DEC 2 0 2016
DCM- MHD CITY

N,
Coastal Management
ENVIRONMENTAL QUALITY
December 13, 2016
Land Management Group, Inc.
c/o Ms. Laura Stasavich
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
PAT MCCRORY
Gowmor
DONALD R. VAN DER VAART
seaetmy
BRAXTON DAVIS
Lbeefor
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
Rand Nickerson
Dear Ms. Stasavich:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on June 27, 2016. On September 2, 2016,
processing of your application was placed on hold pending a request for additional information
required by the U.S. Army Corps of Engineers, Division of Water Resources, and DCM's
Fisheries Resource Specialist. This office received all the required information needed to
continue processing your application on December 7, 2016, subject to certain permit conditions.
Therefore, processing of your permit application has officially resumed as of December 7, 2016.
The revised projected deadline for making a decision is February 23, 2017, as provided by G.S.
113A-122(c).
If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone], or by email me at [e-mail].
Cc: MHC Files
WiRO Files
Sincerely,
AP*,tC&&
Heather Coats
Assistant Major Permits Coordinator
RECEIVE©
DEC 2 0 2016
M. q r r Oi� n
v
State of North C=h= I FmAmnmenW Quality 1 CoasW Memgemmt
127 Car&W rhiv Ext.. WOmington, NC 28405
910-7967215

ON MP-1
th-"
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
N/A
317 Bradley Creek Point Road
m
Applicant 1: First Name
MI
Last Name
Mr. Rand
Nickerson
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
city
State
317 Bradley Creek Point Road
Wilmington
NC
ZIP
Country
Phone No.
FAX No,
28403
USA
847-921-9865 ext.
Street Address (if different from above)
CRY
State
ZIP
same
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Land Management Group, Inc.
RECEIVED
Agent/ Contractor 1: First Name
MI
Last Name
Laura
Stasavich
JUL 11 2016
Agent/ Contractor 2: First Name
MI
Last Name
DCM- MHD CITY
Mailing Address
PO Box
City
State
3805 Wrightsville Avenue, Suite 15
Wilmington
NC
ZIP
Phone No.1
Phone No. 2
28403
910-452-0001
ext.
ext.
FAX No.
Contractor #
910-452-0060
Street Address (6 different from above)
City
State
ZIP
same
Email
[e-mail]
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REL;"
DCM WIL F.�-�Nl= "- Nc
IJUN 2 7 201E
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Form DCM MP-1 (Page 2 of 4)
V'
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
317 Bradley Creek Point Road
Subdivision Name
City
Stale
Zip
Bradley Creek Point
Wilmington
NC
28403 -
Phone No.
Lot No.(s) (d many, attach additional page with list)
847 - 921 - 9865 ext.
One existing, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
Bradley Creek; AIWW/Greenville Sound
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
SNatural ❑Manmade ❑Unknown
AIWW/Greenville Sound
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city lima the proposed
SYes ❑No
work falls within.
City of Wilmington
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sci t.)
Approx. 211 Ift (along DCM-approved NHW)
0.9356-ac per NHC tax records
c.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
N/A I
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
— 4' based on NCDOT Lidar SNHW or ❑NWL
e.
Vegetation on tract
Lawn and landscaping on upland portions of the lot. Salt marsh species within marsh (Spartina patens, Juncus
roemerianus, Limonium carolinianum, Spartina alterniflora, etc.).
f.
Man-made features and uses now on tract Single family home with upland as landscaped yard. R E C E V E D
JUL 11 2016
g.
Identify and describe the existing land uses adlacent to the proposed project site.
Residential; single family lots. DCM- M H D CITY
In.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-20 (residential)
(Attach zoning compliance certificate, H applicable)
SYes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes SNo
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes SNo ❑NA
If yes, by whom?
1.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes SNo ❑NA
National Register listed or eligible property?
E)CM WIL MINGTCN. NO
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Form DCM MP-1 (Page 3 of 4) APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes [:]No
(ii) Are there coastal wetlands on the she? ®Yes ❑No
(ill) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Municipal services.
o. Describe existing drinking water supply source.
Municipal services.
p. Describe existing storm water management or treatment systems.
Sheet flow across lawn of single family lot.
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment
®PrivalelCommunity
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Proposed modifications to approved structures and new dredging will allow for dockage of a small runabout and kayak. Use
will be residential, recreational use by the owners and their invited guests. Primary use of the dredge channel to Bradley
Creek will be the same, although the existing dock adjacent to the west will also be able to utilize this channel.
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.
Bucket to barge (clamshell dredge) equipment anticipated. If necessary, equipment may be moored in place overnight.
Otherwise, equipment will be stored at contractor's dock.
d.
List all development activities you propose.
Reconfiguration of previously authorized single family dock (not constructed). Structures will include fixed access pier, 12' x
20' fixed gazebo, one boat lift, a 4.25' x 20' floating dock along the lift, and a Tx 26' floating dock for temporary, side -to
dockage and kayak launch. Dredging within subtidal portions of the property's riparian corridor, extending from the proposed
dock to the Bradley Creek Channel; final project depth of -4' MLW. Eight pilings for navigation.
e.
Are the proposed activities maintenance of an existing project, new work, or both? Both
f.
What is the approximate total disturbed land area resulting from the proposed project? No upland disturbance at this time
❑Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No DNA R EC E IVI
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state. JUL 1. 1 2 01
There are no existing direct discharges to waters of the state and none are proposed.
DCM- MHD
I.
Will wastewater or stormwater be discharged into a wetland? ❑Yea ❑No ®NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j.
Is there any mitigation proposed? ❑Yes ®No ❑NA
If yes, attach a mitigation proposal. RECEIVED
QCM W11
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=D
CITY
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Form DCM MP-1 (Page 4 of 4) APPLICATION for I
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name To the West: Ms. Katherine Stafford do Mr. Tom Cunningham Phone No.
Address 1184 Arboretum Drive, Wilmington, NC
Name To the East: Steve and Margaret Diab Phone No.
Address 311 Bradley Creek Point Road, Wilmington, NC 28403
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, per mittee, and issuing dates.
CAMA Major Permit 2-15 (valid at time of this application)
and associated USACE and NCDWR permits/certifications.
h. Signed consultant or agent authorization farts, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
1 understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that t e information provided in this application is truthful to the best of my knowledge. RECEIVED
Date t 3 1(J( Print Name _Land Management Group, Inc. Agent
JUL 11 2016
Signature
DCM- MHD CITY
Please indicate application attachments pertaining to your proposed project.
EDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts F
❑DCM MP-3 Upland Development
EDCM MP-4 Structures Information
REC_. IVlz
DCM WILIAINGTCiv NC
AN 27 2016
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
34011t
N/A
irregular
N/A
NIA
WA
N/A
Width
avg 20'
N/A
irregular
N/A
N/A
N/A
N/A
Avg' Existing
-2.0' NLW
N/A
1.0'
N/A
NA
NA
N/A
Depth
Final Project
NLW
N/A
4' MLW
WA
NA
NA
IN
Depth
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
Estimated 820 cy
c. (i) Does the area to be excavated include coastal wetlandsimarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes am checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
Marsh and oysterlshell limits adjacent to the project area have
been field located, and a minimum 10' dredging offset is
included to avoid impact to the resource.
❑This section not applicable
b. Type of material to be excavated.
Sands (submerged bottom of Bradley Creek)
d. High -ground excavation in cubic yards.
None
DEC 2 0 2016
DCM- PAHD CITY
12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Spoil disposal island on the AIWW approx. 0.5-mile SE of Area within Shore Acres Co. parcel R06300-002-003-000
site. Shores Acres Co. property (R06300-002-003-000) of approx. 0.3-acres.
behind Corps' AIWW_DA_0248.
c. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner.
d. (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes, where?
Use of the Shore Acres Co. disposal area may be
requested for future maintenance dredging. Otherwise,
disposal for future maintenance dredging will be
specified by the dredging contractor.
e. (i) Does the disposal area include any coastal wetlands/marsh f. (1) Does the disposal include any area in the water?
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), []Yes ®No ❑NA
or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ea (ii) If yes, how much w r area is affV L iJ acted?
❑CW ❑SAV ❑SB N/A
r) RA 1A/II MiI iGTnbj AiC
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Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
OWL ®None
(ii) Describe the purpose of disposal in these areas:
N/A
3. SHORELINE STABILIZATION ®This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
[]Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ With:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
a. Type of stabilization material
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill_ Other_
i. Source of fill material.
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ONO ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? []Yes ONO ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(d) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a.
or
on
controlled?
Excavated material will be dewatered on the barge and placed in
an existing spoil disposal island with diked containment (per
contractor).
c. (i) Will navi ational aids be required as a result of the project?
❑Yes igNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
N/A
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ❑None
(ii) Describe the purpose of the fill in these areas:
backhoe, or hydraulic dredge)?
Bucket to barge (clamshell) dredging; pile driver for dock
construction.
d. (i) Will wetlands be crossed in transporting equipment to project
site? []Yes ONO ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
N/A
252-808-2808 :: 1-888-4RCOA8T :: vvww.nccoastalmanagement.net revised: 12/26/06

Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
Data
317 Bradley Creek Point Road, Wilmington (Nickerson)
Project Name
Mr. Rand Nickerson
Applicant Npme
AppliWA Signature
RECEIVED
DEC 2 0 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
0 E C 0 7 2016
252.808-2808 :: 1-888-4RCOAST :: w w.nccoastalmanagement.net revised: 12I26/OB

0r
Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
/i
Date 1
317 Bradley Creek Point Road, Wilmington (Nickerson)
Project Name
Mr. Rand Nickerson
Applicant m
6Q
Applicant Signature
RECEIVED
JUL 112016
DCM- MHD CITY
RECEIVED
DCK4 WILFAIN1-CNN NC
JUN 2 7 2016
252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06

M
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina'
❑Commercial ❑PublidGovernmenl ®Private/Community
❑This section not applicable
b. (i) Will the facility be open to the general public?
[]Yes ®No
c. (i) Dock(s) and/or pier(s)
d. (i) Are Finger Piers included? ®Yes ❑No
(ii) Number 1 fixed access pier: 1 floating dock
If yes:
(iii) Length — 506 pier 26' floating dock
(ii) Number
1 along side lift
(iv) Width 6' pier: 6' floating dock
(iii) Length
20'
(v) Floating ®Yes []NO
IN) Width
4.25'
(v) Floating
®Yes []NO
e. (i) Are Platforms included? ®Yes []No
f. (i) Are Boatlifts
included? ®Yes ❑No
If yes:
If yes:
III) Number 1- roofed
III) Number
1
(iii) Length 20'
(iii) Length
12.5' fr outside piles
IN) Width 12'
(iv) Width
14.0' fr center of Piles
(v) Floating []Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed h. Check all the types of services to be provided.
1 boat lift and 26 linear foot dock with side -to dockage for ❑ Full service, including travel lift and/or rail, repair or
temp tie-up and kayak launch maintenance service
(ii) Number of slips existing ❑ Dockage, fuel, and marine supplies
16 Ift of side -to dock currently authorized but not ❑ Dockage ("wet slips") only, number of slips:
constructed. ❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
i. Check the proposed type of siting:
❑ Land cut and access channel
®Open water; dredging for basin and/or channel
[]Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 17' to 20'
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
small recreational runabout: kayak RECEIVED
JUL 11 2016
DCM- MHD CITY
I. (i) Will the facility be open to the general public?
[]Yes ®No
RECEIVED
DCM WILI•AINGTCN IJf
JUN 2 7 2016
252-eoB-2Bos :: t-eas-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06

Form DCM MP-4 (structures, Page 2 of 4)
2.
DOCKING FACILITY/MARINA OPERATIONS
®This section not applicable
a.
b.
Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
Describe treatment type and disposal location for all sanitary wastewater.
c.
Describe the disposal of solid waste, fish offal and trash.
d.
How will overboard discharge of sewage from boats be controlled?
e.
(i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
I.
Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g.
Where will residue from vessel maintenance be disposed of?
h.
i.
Give the number of channel markers and "No Wake" signs proposed.
Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water qualityR
EC E IV E D
j.
What will be the marina policy on overnight and live -aboard dockage?
JUL 1
.)eM M14D rITY
k.
Describe design measures that promote boat basin gushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
RECFIVEC
hCM thrl l r.n❑mn;T(-f, %jr.
JUN 2 7 2016
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 3 of 4)
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAW shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lilts) ®This section not applicable
a. (1) Is the boathouse structure(s):
❑Commercial ❑Public(Government ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. It a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(III) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) ® This section not applicable
a. Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS ❑This section not applicable
a. Is the structure(s):
❑Commercial ❑PubliclGovernment ®Private/Community
c. Distance to be placed beyond shoreline — 30' to 225'
Note: This should be measured from marsh edge, if present.
e. Arc of the swing N/A
7. GENERAL
b. Number 8 Pilings to be used as channel markers
d. Description of buoy (color, inscription, size, anchor, etc.)
Pilings
RECEIVED
DCM WILPAINGTCN. Nc
JUN 27 2016 RECEIVED
iuL I l 101s
UGM- n4HC I,ITY
252-808-2808 :: 1.888.4RCOAST :: www.nccoastalmanagement. net revised: 12/27/06

Form DCM MP-4 (Structures, Page 4 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
15' from western riparian line; 187' to eastern riparian line
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
—594' from shoreline at dock across Bradley Creek
e. (i) Will navigational aids be required as a result of the project?
®Yes []No ❑NA
(ii) If yes, explain what type and how they will be implemented.
8 pilings to be placed along proposed dredge channel
b. Proximity of structure(s) to adjacent docking facilities.
— 156' to adjacent dock to west; — 455' to adjacent dock to
east.
d. Water depth at waterward end of structure at NLW or NWL
ex depths range between -1.0' NLW to -2.0' NLW
& OTHER ❑This section not applicable
a. Give complete description:
4' Z7-,y o
Date
317 Bradley Creek Point Road, Wilmington (Nickerson)
Project Name
Mr. Rand Nickerson
Applicant Nwrhe
AppApp ant Signature '
RECEIVED
JUL 11 2016
DCM- MHD CITY
RECEIVED
LLCM WILIAINGTCN NG
JUN 2 7 2016
252.808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06

Base map from NC One Map data. 00
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7 Bradley Creek Point Road, Wilmington,
Mr. Rand Nickerson (owner/applicant)
6/g/2016
V = 2000'
40-16-M
3805 Wrighleville Ave., Suite 15
Mlminplon, North Caroline 28403
Telephone: [phone]
Major Modification CAMA Permit # 2-15
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P -'•°' Date: Revision Date:
317 Bradley Creek Point Road, Wilmington, NC 6/9/2016
LMGEM&1T GROUP- Mr. Rand Nickerson (owner/applicant)4 Scale: o um er:
Title: Major Modification CAMA Permit # 2-15 1 = 2000 40-16-066
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PAT MCCRORY
cove,,.
DONALD R. VAN DER VAART
Secretary
Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for Rand Nickerson / New Hanover County
Kyle & Heather: Please publish the attached Notice in the Friday, July 8, 2016 issue.
BRAXTON DAVIS
Director
The State Office of Budget & Management requires an original Affidavit of Publication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by
credit card to the attention of Tanya Wright, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Wilmington office.
cc:
Sincerely,
4 Shaun K. Simpson
Permitting Support & Customer Assistance
Heather Coats - WiRO
Doug Huggett -MHC
Tyler Crumbley — USACE
Linda Painter, LPO
Michele Walker- DCM
RECEIVED
JUL 1 1 2016
')CM- MHD CITY
State of North Carolim � Environmental Quality I Coastal Management
127 Cardinal Drive EM., Wilmington, NC 25405
910-796-7215

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 application was submitted for a development permit in an
Area of Environmental Concern as designated under the CAMA: On June 27, 2016, Rand
Nickerson proposed to modify State Permit No. 2-15 by construction of a docking facility
and excavation of an access channel and basin at 317 Bradley Creek Point Road, within
Bradley Creek, in Wilmington, New Hanover County. A copy of the application can be
examined or copied at the office of Robb Mairs, N.C. Dept. of Environmental Quality, Division
of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423)
during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to July 29, 2016 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
JUL 112016
DCM- MHD CITY
Slate of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Rand Nickerson
COUNTY: New Hanover
PROJECT NAME: MM 2-15 (construction of private docking facility and new excavation of basin & canal)
LOCATION OF PROJECT: 317 Bradley Creek Pt. Road Adjacent to Bradley Creek, is Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: ;d#t G -17 — / 6 I"
FIELD RECOMMENDATION: Attached: Yes
To Be Forwarded:
CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a
FIELD REPRESENTATIVE: Mains DISTRICT OFFICE: WILMINGTON
i
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 7-8-16
SruqorrA r«.kyuc(9c)
ADJ. RIP. PROP NOTICES REC'D: r c c !s -1 (0
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE: CT II d l I �D
MAIL OUT DATE: 7-6-16
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
FEE RECD: $400 / #736
END OF NOTICE DATE: 7-29-16
DEED REC'D:
ON: 1 d l
150 DAY DEADLINE:
STATE DUE DATE: 7-29-16
FED COMMENTS REC'D:
DRAFT
AGENCY
(ion S(^D�l I vtc ' 12SA�t
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
/
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Coastal Management - LUP Consistency
1Z /1 3/l
Division of Community Assistance
?
✓
Land Quality Section (DEMLR)
7 I1 11.
Division of Water Resources (401)
IMF hltql ll,
Storm Water Management (DEMLR)
7Zty/b
`
State Property Office
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(Dti iM Adf to %Kl e"w"J
Division of Archives & History
2$�ll0
Division of Environmental Health
Division of Highways
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Wildlife Resources Commission
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Local Permit Officei
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Division of Marine Fisheries / DCM
Jv� ein� >Ij
Corps of Engineers
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Recommendations for State Permit — Rand Nickerson 07/06/2016
The total area of floating dock and platform were calculated as follows:
Shoreline length =160' x 8 sq. ft. =1,280 sq. ft. allowable.
Proposed floating docks = 246 sq. ft. (1 @ 6' x 26' and 1 @ 4.5' x 20')
Proposed covered platform = 240 sq. ft. (12' x 20')
Total = 486 sq. ft.
It is the staffs recommendation that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the'/<
width rule, the eight square foot rule and the pier width rule. This office has no objection to the proposed work, provided it is consistent with
all state and federal permitting requirements. Any permit issued should include standard permit conditions for private docking facilities.
This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential
impacts to shallow bottom and primary or secondary nursery areas. Should concerns be expressed over potential impacts from any of the
resource agencies, the project could then be found to be INCONSISTENT with NCAC 07H .0208(a)(2), which requires that the location,
design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed so as to
avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas.
Based on historical aerial photography, it is the opinion of this office that portions of the area for the proposed excavation appears to be located
within an area of Bradley Creek that has been historically used for docking and navigational purposes. The proposed excavation of the area
within the proposed basin and access channel appear to be CONSISTENT with15 NCAC 071-1.0208 (b)(1). This office has no objection to
the proposed work, provided it is consistent with all state and federal permitting requirements. Any permit issued should include standard
permit conditions for mechanical excavation and fill.
RECEIVED
JUL 11 2016
DCM- MHD CITY

MEMORANDUM
To: Heather Coats
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Rand Nickerson,
Wilmington, New Hanover County
Date: December 13, 2016
CONSISTENCY DETERMINATION:
This project is consistent with the 2006 Wilmington -New Hanover County Joint
Land Use Plan Update.
The applicant proposes to construct a private docking facility and excavate a new access
channel and basin within Bradley Creek. The project is located at 317 Bradley Creek
Point Road in Wilmington, New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, CW, EW and
PT. Waters at the project site are classified as SC and are not open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover
County CAMA Land Use Plan and offer the following comments.
The general area of the project is classified as Residential/Conservation.
In general, Wilmington -New Hanover County allows development in Residential and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The Wilmington -New Hanover County Land Use Plan contains some policies,
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 2006 Wilmington -New Hanover
County Joint Land Use Plan Update.
REC�'vC®
Cc: File 2 0 2016
DEC
DCM, MHp CITY

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
TO:
Mark Zeigler
WiRO
Division of Community Assistance
PAT MCCRORY
Gowmor
DONALD R. VAN DER VAART
seerela,
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(�ncdenrpov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
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.
SIGNED DATED,
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
TO:
Dan Sams
District Manager
DEMLR - WiRO
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretory
BRAXTON DAVIS
Direcmr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
4_ This agency has no comment on the proposed project.
SIGNED
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.
DATED 7/8 f jl!iiI,
RECEIVED
DCM WILMINGTON, NO
JUL 11 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ent, Wilmington, NC 28405
910-7%-7215

0
Coats, Heather
From: Coburn, Chad
Sent: Tuesday, November 29, 2016 7:57 AM
To: Coats, Heather
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hey Heather,
Greg has said that he is fine with the new proposal so I'm going to move ahead later this week and issue the 401. If you
have any questions, let me know.
Chad
From: Coats, Heather
Sent: Monday, November 28, 2016 4:56 PM
To: Coburn, Chad <[e-mail]>
Subject: FW: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hi Chad,
Please let me know if this satisfies DWR's concerns or if you will require additional modifications, info, etc. and/or if you
have any other comments/conditions.
Thanks in advance!
Heather
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
h e ath a r. co ats (off n c d e n r.g o v
127 Cardinal Drive Extension
Wilmington, NC 28405
<^' Nothing Compares.-.,._
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura Stasavich[mailto:lstasavich(olmerouo.netl
Sent: Monday, November 21, 2016 3:48 PM

To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<heather.coats@ ncdenr.gov>
Cc:'Rand Nickerson' <[e-mail]>
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hi Gregg,
I double checked the dredge area/volume and attached a supplemental table for clarity. You'll see the channel area
went up a tiny bit. Once I reduced the basin area, it moved the break-point between the channel and basin a little (as
the basin became smaller, the channel extended a little further). On balance dredge area and volume will be reduced.
Thanks again!
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: Istasavich0lmgroup.net I Website: www.lmgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Bodnar, Gregg[mailto:[e-mail]
Sent: Monday, November 21, 2016 9:26 AM
To: Laura Stasavich; Coburn, Chad; Coats, Heather
Cc:'Rand Nickerson'
Subject: RE: Nickerson LAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Morning Laura,
Thanks for the updated dredge information. I wanted to ask, the updated volumes are higher than what was in
the application. I know you mentioned that they may be slightly overestimated, but I wanted to double check since the
minimization efforts show an increase in volume.
Thanks,
Gregg
Gregg Bodnar
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 213 office
Gregg. BodnarCdncden r.gov
400 Commerce Ave
Morehead City, NC 28557

PAT MCCRORY
ys Govemor
„a
DONALD R. VAN.DER VAART
Secretory
Water Resources ENVIRONMENTAL QUALITY S. JAY ZIMMERMAl�wr
Director
August 18, 2016
DWR # 14-1159v2
New Hanover County
CERTIFIED MAIL: 7013-2630-0002-0760-8582
RETURN RECEIPT REQUESTED
Mr. Rand Nickerson
317 Bradley Creek Point Road
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
317 Bradley Creek Point Road — Wilmington
Dear Mr. Nickerson,
On July 6, 2016, the Division of Water Resources (Division) received your application requesting
a 401 Water Quality Certification from the Division to excavate a new access channel and to
construct a new, private, docking facility within Bradley Creek at the property listed above. The
Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
Please provide more details regarding avoidance and minimization of impacts for this
project. [15A NCAC 02H .0506(f) and (g)] You have requested authorization to dredge
10,220 square feet of estuarine waters classified as Secondary Nursery Area (SNA) in
order to create a new access channel within Bradley Creek. These impacts appear to be
much larger than would be required for the identified vessel size (Form DCM MP-4) of
17-20 feet in length. Please revise the plans to avoid or minimize these impacts or
provide additional information describing why they are needed.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this
DCM WILM NIGTON, NO
AUG 1 9,20fG
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

317 Bradley Creek Point Road
DW R4 14-1159v2
Request for Additional Information
Page 2 of 2
IT
Carolina General Statutes and Administrative Code.
CI
Please contact Chad Coburn at [phone] or [e-mail] if you have any
questions or concerns.
Sincerely,
(�.Vj'--'4
f-wR
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources
cc: Heather Coats - DCM WIRO
Tyler Crumbley- USACE Wilmington
Jennifer Burdette - DWR Central Office
WiRO
T)CM WIMLED
M NGE ON, NC
AUG I a_ 2016

WV
Water Resources
ENVIRONMENTAL QUALITY
August 18, 2016
CERTIFIED MAIL: 7013-2630-0002-0760-8582
RETURN RECEIPT REQUESTED
Mr. Rand Nickerson
317 Bradley Creek Point Road
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
317 Bradley Creek Point Road — Wilmington
Dear Mr. Nickerson,
ILIIII10Colo mil 9
Govemor
DONALD R. VAN. DER VAART
Secretary
S. JAY ZIMMERMAN
DinaoI
DWR # 14-1159v2
New Hanover County
On July 6, 2016, the Division of Water Resources (Division) received your application requesting
a 401 Water Quality Certification from the Division to excavate a new access channel and to
construct a new, private, docking facility within Bradley Creek at the property listed above. The
Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
1. Please provide more details regarding avoidance and minimization of impacts for this
project. [15A NCAC 02H .0506(f) and (g)] You have requested authorization to dredge
10,220 square feet of estuarine waters classified as Secondary Nursery Area (SNA) in
order to create a new access channel within Bradley Creek. These impacts appear to be
much larger than would be required for the identified vessel size (Form DCM MP-4) of
17-20 feet in length. Please revise the plans to avoid or minimize these impacts or
provide additional information describing why they are needed.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this
letter by sending three copies of all of the above requested information to the 401 & Buffer
Permitting Branch,1617 Mail Service Center, Raleigh, NC 27699-1617. RECEIVED
DCM WILMINGTON, NC
AUG 19 2016
State of North Carolina I Envaournental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolim 27699-1617
919 807 6300

317 Bradley Creek Point Road
DW R# 14-1159v2
Request for Additional Information
Page 2 of 2
Please be aware that you have no authorization under the Section 401 of the Clean Water Act
for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Chad Coburn at [phone] or [e-mail] if you have any
questions or concerns.
Sincerely,
fWX
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources
cc: Heather Coats — DCM WiRO
Tyler Crumbley — USACE Wilmington
Jennifer Burdette — DWR Central Office
WiRO
RECEIVED
t)CM WILMINGTON, NC
AUG 19 2016

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
TO:
Georgette Scott
Stormwater Section
DEMLR - WiRO
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
JUL 0 6 2016
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatslaD-ncdenrpov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
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.
JUL 2 0 2016
DCM- MHD CP'. Y
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
September 12, 2016
Mr. Rand Nickerson
317 Bradley Creek Road Point
Wilmington, NC 28403
Subject: EXEMPTION
Stormwater Project No. SW8160722
Nickerson Private Docking Facility
New Hanover County
Dear Mr. Nickerson:
PAT McCRORY
Govenror
DONALD R. VAN DER VAART
Secretary
TRACY DAVIS
Director
On July 6, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land
Resources received a copy of the CAMA Major Permit Application for the subject project. Staff
review of the plans and specifications on July 7 2016 has determined that the development
activities proposed at this time will not pose a threat to surface water quality from stormwater
runoff. The Director has determined that projects that are reviewed and approved by the
Division as not posing a water quality threat from stormwater runoff should not be subject to the
stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules.
By copy of this letter, we are informing you that this project will not require a stormwater
management permit.
if the subject project disturbs one acre or more and has a point source discharge of stormnwater
runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES)
stormwater discharge requirements. You are required to have an NPDES permit for stormwater
discharge from projects meeting these criteria. All temporary buih-upon area associated with the
construction of the project must be removed within 30 days of completion of the project, or when
it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact
Georgette Scott at [phone], or via e-mail at [e-mail].
Sincprely, RECEIVED
SEP 2 12016
Tracy.�DavisP..E.,.actor
Division of Energy, Mineral, and Land Resources DC M- r H v I-j Y
GDS/gds: \\\Stormwater\Permits & Projects\2016 \160722 Exemption\2016 09 permit 160722
cc: Laura Stasavich, Land Management Group, Inc.
New Hanover County Building Inspections
Shaun Simpson-DCM WIRO
DCM Morehead City
Wilmington Regional Office Stormwater File
State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. NC 28405
910 796 7215

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
RECEIVED
JUL 11 2016
DOA
STATE PROPERTY
OFFICE
TO: Tim Walton
Dept of Administration
State Property Office
PAT MCCRORY
Gommor
DONALD R. VAN DER VAART
Secmrary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a),ncdenraov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has
5Ee N"e--AW This agency has
no objection to the project as proposed.
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.
SIGNED <U
ALDATED F I
RECEIVED
DCM WILMINGTON, NO
JUL 2 0 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Exl, Wilmington, NC 28405
910-796-7215

U
0
North Carolina
Department of Administration
Pat McCrory, Governor
Bill Daughtridge, Jr., Secretary
July 14, 2016
TO: Heather Coats
Assistant Major Permits Coordinator
FROM: Everette Moore
Real Property Agent
State Property Office
RE: CAMA Private Dock Construction Application Review
Applicant — Rand Nickerson
Single Family Residence
REPLY: Please confirm that the proposed construction is not located within the 1000' USACE
AlWW easement area
RECEIVED
DCM WILMINGTON, NC
JUL 2 0 2016
Mailing Addraw Telephone [phone] Locetlon:
1321 Mail Service Center Fax [phone] West Jones Street
Raleigh, N.C. 27699-1321 State Courier #52-71-78 Raleigh, North Carolina
An Equal Opportunity / Aflirrmuive Action Employer
Web: hap://www.ncspo.org

`t
ly s, 2016 �
k -
' So
►. Renee'Giedhill:E
"Dept df Cultural
ArchlvesA Hlstc
FROdt: Heather Coats,
NCDEQ-•Divisf
1 12T Cardinal D'6
Ui
Fax: 395=,964 ;
SUBJECT ,CAMALDredgi
Apphcanf _,; Rana' Neckers
pdY
Resources �'� --
V
PAT MCCRORY
"jj� Cmrmar
L ,
2016 -q0 ALDR. VAN DER VAART
jSecrrrory
a}�iI,L lIooE BRAXTON DAVIS
DIR Oi
6? 4- a e
�cauwr rcavrew.
radjacent:to Bradley Creek,
ier County
, i by construction of a private docking
if an.accesschannel and'basin' .
�wpaint: pnlhe. proposed —project and ;
I astlonS re9aratng the prOpOSeQ pfQJWE,tcuniac.t fNUUV,
in cfepfh cQfrimenis vvi#it;oopport M dataA.§ requested
a.
;REPLY This agency has no ,Qbjectiori` o the project as proposed
This agency,has.no comment=on the proposed project.;
This agency approves of the project only If the. recommended changes
• -- '-"are incorporated See attacfied. • .
.This agency objects to the project for.reasons.described inithe attaehed,comments.
QgU,7
DATED�3
--Receive

�' 11 'S u, 1 111!1

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrelary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
VThis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATED
Received
JUL 11 2016
State of North Carolina I Environmental Quality I Comm] Management DCM
127 Cardinal Drive E.1 , Wilmington, NC 28405
910-796-7215

" ' ;1''�;
e,,
�j•(
�,,,.�
y �. �

Loasraf management
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
RECEIVED
July 6, 2016 JUL 11 2016
NC DOT
TO: Ben Hughes DISTRICT 3
NCDOT
New Hanover County
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather coats Dncdenraov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: )C This agency has no objection to the project as proposed.
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.
SIGNED ZZ � -&"l��`2
DATED 7 "Zo/li
RECEIVED
t)CM WILMINGTCN, NC
JUL 14 2016
State of North Carolina I Environmental Quality I Co atal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Coastal Management
EWtRONMENYAL.00ALITY
July 6, 2016
TO:
Gregg Bodnar
Fisheries Resource Specialist
DCM, Morehead City
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretory
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext..iilm. NC 28405 heather. coats(a)ncdenr.gov
Fax: [phone] Courier 04-16-33
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location; 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project. to modify State.Permit No. 2-15 by construction of a. private docking
facility and new excavation of an access channel and basin
Please indicate below your ag�cy's:position or viewpoint on the proposed project and
Mum this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
SIGNED
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.
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat., Wilmington, NC 28405
910496-7215
DATED g/t
RECEIVED
JUL 112016
DCM- MHD CITY

Environmental
Quality
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
MEMORANDUM: 1
TO: Heather Coats, DCM Assistant Major Permit Coordinator
FROM: Gregg Bodnar; DCM Fisheries Resource Specialist
SUBJECT: Rand Nickerson (#2-15).
DATE: 8/1/2016
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject,permitapplication for proposed actions that impact fish and fish habitats. The applicant proposes.
to construct a docking facility and new excavation of an access channel and basin. The surrounding waters
are classified as secondary nursery area (SNA), secondary recreation (SC), and closed to shellfish harvest.
Coastal wetlands and oyster resource are present within the area.
The waters are classified as SNA, which are estuarine waters commonly used as a developmental
transitional zone, where later juvenile development takes place. Species within this area are
mixture of juveniles that have migrated from the primary nursery areas upstream, sub -adults and
adults. Shallow habitat, such as this, with coastal wetlands and oyster reefs,.provide vulnerable.
juvenile species. with protection from predators, an abundance of food, and water temperatures
preferable to juvenile flnfish and shellfish species. Wetlands can enhance foraging functions of
adjacent habitats, which is why primary (PNA) and secondary (SNA) nursery habitats are closely.
linked with coastalwetlands.
Currently the applicant has an authorized docking facility though permit #2-15, consisting of a 540ft x 6ft.
pier, 16ft x 16ft covered platform, and a 16ft A 6ft floating dock. It was indicated that the applicant was
Proposing to add a boatlift to the existing configuration and perform new dredging to provide access.
With this understanding, a field investigation was performed by'staff on 5/13/2616. A.shellflsh and
submerged aquatic vegetation (SAV) survey was indicated in the application resulting in no SAV or oyster
resource found within the proposed dredge footprint. Evidence of an historic channel and use is indicated
in the application.
The application shows an altered docking facility configuration that includes a larger floating dock and
additional floating dock. As proposed t.he.basin dredge footprint provides a significant area for the
identified vessel size of 17ft-20ft. The larger facility and associated basin dredge footprint exceeds the
intent and understanding of the field survey,. and does not satisfy avoidance and minimization, but
increases, impacts of the facility within the SNA habitat.' The alteration in floating dock dimensions.from
authorized to proposed increases the floating structure's area from 96ft2to 252ft2 (156ft2;+90ft2). This
State of North Carolina I EnvironmentalQuality
400 Commerce' Avenue/Merehead City. N.G. 28557
252.80&2808 1252-247-3330 [fax] _
An Equal OpponunitylAttilmative Action Employer

PAT MCCRORY
' _ Governor
" DONALD R. VAN DER VAART
Environmental Secretary
Quality
larger facility requires, in turn, a larger dredge footprint from what would have been appropriate for the
existing authorized facility.
These additions further increase impacts to SNA habitat beyond_what was originally understood, and does
not satisfy avoidance and minimization measures for sensitive habitats such as SNA. It is recommended
that the docking facility, authorized in permit #2-15 be constructed with the proposed boatlift. To
minimize impacts to SNA habitat,.the basin dredge footprint should be reduced to reasonable dimensions
to adequately maneuver the 17ft-20ft vessel described.in the application.
Contact Gregg Bodnar at [phone] ext. 213 or [e-mail] further questions or
concerns.
-State of North CarolinaI,Envirohmental Quality,
400 Commerce Avenue/Morehead City. N.C. 28557
252-808-2808.1252-247-3330 [fax] An Equal opportunity) Affirmative Action Employer

PAT MCCRORY
Governor
Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
TO: Heidi Cox
Environmental Engineer
Public Water Supply
DONALD R. VAN DER VAART
Secrelary
BRAXTON DAVIS
,-1 Director
�-OOilpg�6 Cam/
�tVil9WG�Ui��E�60U
N��nttoa�g��p ��
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: _X_ This agency has no objection to the project as proposed.
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
ee attached comments.
SIGNEDDATED
RECEN.:L,
DCM WILIAING I r. iVi_
JUL 13 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Coats, Heather
From: Crumbley, Tyler SAW <Tyler.Cru mbley@usace. army. mil>
Sent: Thursday, October 27, 2016 9:54 AM
To: Coats, Heather
Subject: FW: [EXTERNAL] Re: SAW-2014-02096 Nickerson CAMA Permit 2-15 Modification Request,
New Hanover County
Heather,
This response satisfies my requirements under Magnuson Stevens Act .... should I go ahead and provide you the
recommended conditions? Or is there other things you need to work out before you can issue?
-----Original Message ---
From: Ken Riley - NOAA Federal [mailto:[e-mail]]
Sent: Wednesday, October 26, 2016 2:45 PM
To: Laura Stasavich <[e-mail]>
Cc: Coats, Heather <[e-mail]>; Crumbley, Tyler SAW <[e-mail]>; Coburn,
Chad <[e-mail]>; Bodnar, Gregg <[e-mail]>; Pace Wilber- NOAA Federal
<[e-mail]>; Robin Wiebler - NOAA Federal <[e-mail]>
Subject: [EXTERNAL] Re: SAW-2014-02096 Nickerson LAMA Permit 2-15 Modification Request, New Hanover County
Dear Laura,
Thank you for your comment letter regarding the Nickerson CAMA Major Permit application (SAW-2014-02096). The
best management practices described satisfy our agency's concerns related to dredging impacts. Additionally,
restoration of the marsh and recycling of the discarded oyster shells satisfies the request for mitigation for impacts to
shallow estuarine bottom.
Please contact our office anytime if we can be of further assistance.
ears
Kenneth Riley, Ph.D.
Habitat Conservation Division
National Marine Fisheries Service Southeast Region
101 Pivers Island Road, Beaufort, NC 28516
Office: 252-728-8750 <tel:[phone]> I Cell: 252-864-6193 <tel:[phone]> I Email: [e-mail]
<m a i Ito: ke n. ri I ey@ n oaa.gov>
On Tue, Oct 25, 2016 at 11:40 AM, Laura Stasavich <[e-mail] <mailto:[e-mail]>> wrote:

Thank you all for your comments on the above -referenced NC CAMA permit application. I have attached
responses to your comments, and please feel free to call (910-452-0001 <tel:%28910-452-0001> ) or email if you would
like to discuss these issues further.
Thank you again -
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] <tel:[phone]> I Mobile: [phone] <tel:[phone]>
Email: [e-mail] <mailto:[e-mail]> I Website: Blockedwww.lmgroup.net
<Blockedhttp://www.lmgroup.net/>
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue ) Suite 15 1 Wilmington, N.C. 28403

0
Coats, Heather -
From: Crumbley, Tyler A CIV USARMY CESAW (US) <Tyler. Crum [e-mail]. m il>
Sent: Tuesday, December 06, 2016 2:55 PM
To: Coats, Heather
Cc: Mairs, Robb L
Subject: Recommended Conditions 2014-02036 Nickerson Dredge and Dock
Heather and Robb,
The following conditions (recommended) will be sent via hard -copy to Doug Huggett as well tomorrow
Thanks.
The Federal agencies have completed review of the proposal as presented by the application and your field investigation
report.
We recommend that the following conditions be included in the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at http://www.fws.goy/nc-es/mammal/manatee_guidelines.pdf.
2. The width of the access channel shall not exceed 20 feet as described on the revised plans dated November 14,
2016.
3. A ten -foot dredge offset from all wetlands, oyster aggregations, shell bottom, and emergent salt marsh
vegetation shall be instituted as described and shown in the revised plans dated November 14, 2016.
4. All excavated materials will be confined landward of the mean high water level elevation contour within
adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or
surrounding waters.
5. Best management practices identified as field marking existing oyster reefs and shell bottom locations at low -
tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those
resources.
6. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the
dates of April 1 and September 30 of any year without the prior approval of the North Carolina Division of Coastal
Management and the U.S. Army Corps of Engineers.
7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast
Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact
the U.S. Coast Guard Marine Safety Office at [phone].
8. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are
a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE)
prior to implementation.

9. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the
wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment.
10. 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 authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required; upon due notice from the U.S. Army Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States.
11. Approval of the structure is based on determinations that there would be no obstruction to navigation. The
structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as
relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave
wash.
12. The authorized structure and associated activity must not interfere with the public's right to free navigation on
all navigable waters of the United States. 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 reason other than safety.
13. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal
flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands.
14. Except as authorized by this permit or any USACE approved modification to this permit, 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.
15. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919)
733-5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
16. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
17. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the
authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination
procedures.
18. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit,
including all conditions, shall be available at the project site during construction and maintenance of this project.
19. 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).
20. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area
of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less
in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
21. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of
the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project condition.
22. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers
and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of
the permittee's discovery of the violation.
Tyler Crumbley, PWS
Regulatory Project Manager
U.S. Army Corps of Engineers -Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Phone:[phone]
Fax:[phone]
email: [e-mail]
"The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/"

Coats, Heather
From:
Bodnar, Gregg
Sent:
Monday, November 28, 2016 9:22 AM
To:
Coats, Heather
Cc:
Coburn, Chad
Subject:
Nickerson (317 Bradley Creek Point Road, Wilmington)
Morning Heather,
Please pass along my thanks to Laura for all her work on the project. I am OK with the minimization efforts
depicted in the most recent plans, and the proposal of the 2nd floater. With the 8 channel markers identified in the
narrative and plans, and the standard moratorium (lApril-30September) for the dredging I am satisfied. Thanks again to
you and Chad for your expertise.
Thanks,
Gregg
.Gregg Bodnar
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 213 office
Gregg. [e-mail]
400 Commerce Ave
Morehead City, NC 28557
{. Nothing Compares,,,...
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

13
Coats, Heather
From: Laura Stasavich <[e-mail]>
Sent: Wednesday, November 16, 2016 11:40 AM
To: Bodnar, Gregg; Coburn, Chad; Coats, Heather
Cc: 'Rand Nickerson'
Subject: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Attachments: Proposed_Dredge_Revision.pdf
Gregg, Chad, and Heather:
Thank you again for meeting with me on 11/3/16 to discuss Rand Nickerson's CAMA Major permit
application. Following our meeting, we revised the proposed dredging footprint to reduce bottom impacts
around the docks. The attached layout shows a revised dredging limit, which reduces dredging area by 890
sq.ft. We did discuss reducing the access channel to 18' wide, but feel that 20' wide is the minimum width
needed for safe navigation. With an average boat width, a 20' wide channel would leave approximately 5' on
either side for side slopes and safe navigation. Given variability in tides/winds and other factors, the 5' width
is expected to be necessary. The NMFS is accepting a donation of shell to the NCDMF oyster recycling
program as mitigation for bottom impacts, which may partially offset these impacts.
Please let me know if these revisions are acceptable, and whether I need to submit the revision on letterhead.
Thank you again for your assistance,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: Istasavich01mgroup. net I Website: www.Imgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403

Coats, Heather
From: Laura Stasavich <[e-mail]>
Sent: Monday, November 21, 2016 3:48 PM
To: Bodnar, Gregg; Coburn, Chad; Coats, Heather
Cc: 'Rand Nickerson'
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Attachments: Nickerson —Supplemental Dredging Table_112116.pdf
Hi Gregg,
I double checked the dredge area/volume and attached a supplemental table for clarity. You'll see the channel area
went up a tiny bit. Once I reduced the basin area, it moved the break-point between the channel and basin a little (as
the basin became smaller, the channel extended a little further). On balance dredge area and volume will be reduced.
Thanks again!
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] i Mobile: [phone]
Email: [e-mail] I Website: www.lmeroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Monday, November 21, 2016 9:26 AM
To: Laura Stasavich; Coburn, Chad; Coats, Heather
Cc: 'Rand Nickerson'
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Morning Laura,
Thanks for the updated dredge information. I wanted to ask, the updated volumes are higher than what was in
the application. I know you mentioned that they may be slightly overestimated, but I wanted to double check since the
minimization efforts show an increase in volume.
Thanks,
Gregg
Gregg Bodnar
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality

252 808 2808 ext 213 office
Gregg. Bodnar(a)ncden r.00v
400 Commerce Ave
Morehead City, NC 28557
%'Nothing Compares_.~...
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura Stasavich [mailto:[e-mail]]
Sent: Friday, November 18, 2016 11:17 AM
To: Bodnar, Gregg<gregg.bodnar([e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<[e-mail]>
Cc: 'Rand Nickerson' <[e-mail]>
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
H! Gregg,
The updated dredge area is = 9,642 sqft
The updated dredge volume is = 1,071 cy (assuming an average depth change of 3'- which may be slightly over-
estimated)
Please let me know if you need anything else!
Thanks,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: [e-mail] I Website: www.lmgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Bodnar, Gregg[mailto:[e-mail]
Sent: Friday, November 18, 2016 11:05 AM
To: Laura Stasavich; Coburn, Chad; Coats, Heather
Cc:'Rand Nickerson'
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover

I'm sorry Laura but I am not in the office today but do you have the updated square footage and volumes?
Thanks,
Gregg
From: Laura Stasavich [mailto:[e-mail]
Sent: Wednesday, November 16, 201611:40 AM
To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<heather.coats ncdenr.gov>
Cc:'Rand Nickerson' <[e-mail]>
Subject: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Gregg, Chad, and Heather:
Thank you again for meeting with me on 11/3/16 to discuss Rand Nickerson's CAMA Major permit
application. Following our meeting, we revised the proposed dredging footprint to reduce bottom impacts
around the docks. The attached layout shows a revised dredging limit, which reduces dredging area by 890
sq.ft. We did discuss reducing the access channel to 18' wide, but feel that 20' wide is the minimum width
needed for safe navigation. With an average boat width, a 20' wide channel would leave approximately 5' on
either side for side slopes and safe navigation. Given variability in tides/winds and other factors, the 5' width
is expected to be necessary. The NMFS is accepting a donation of shell to the NCDMF oyster recycling
program as mitigation for bottom impacts, which may partially offset these impacts.
Please let me know if these revisions are acceptable, and whether I need to submit the revision on letterhead.
Thank you again for your assistance,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: [e-mail] I Website: www.lmgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue 1 Suite 15 1 Wilmington, N.C. 28403

Coats, Heather
From:
Bodnar, Gregg
Sent:
Monday, November 21, 2016 9:54 AM
To:
Laura Stasavich; Coburn, Chad; Coats, Heather
Cc:
'Rand Nickerson'
Subject:
RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Great. Thanks for the extra info.
Gregg
From: Laura Stasavich [mailto:[e-mail]]
Sent: Monday, November 21, 2016 9:28 AM
To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<heather.coats@ ncden r.gov>
Cc:'Rand Nickerson' <[e-mail]>
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hi Gregg,
I think I used an average 2' change in depth in the application (rather than 3'). Let me double check this, and I will
confirm this afternoon.
Thanks -
Laura
From: Bodnar, Gregg fmailto:[e-mail]]
Sent: Monday, November 21, 2016 9:26 AM
To: Laura Stasavich; Coburn, Chad; Coats, Heather
Cc:'Rand Nickerson'
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Morning Laura,
Thanks for the updated dredge information. I wanted to ask, the updated volumes are higher than what was in
the application. I know you mentioned that they may be slightly overestimated, but I wanted to double check since the
minimization efforts show an increase in volume.
Thanks,
Gregg
Gregg Bodnar
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 213 office
Gregg. Bod nar(a).ncdenr.gov

400 Commerce Ave
Mgrehead City, NC 28557
;: Nothing Compares
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura Stasavich [mailto:[e-mail]
Sent: Friday, November 18, 2016 11:17 AM
To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<heather.coats@ ncde n r.gov>
Cc:'Rand Nickerson' <[e-mail]>
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hi Gregg,
The updated dredge area is = 9,642 sqft
The updated dredge volume is = 1,071 cy (assuming an average depth change of 3'- which may be slightly over-
estimated)
Please let me know if you need anything else!
Thanks,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 ( Fax: [phone] Mobile: [phone]
Email: [e-mail] I Website: www.lmgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Bodnar, Gregg[mailto:[e-mail]]
Sent: Friday, November 18, 2016 11:05 AM
To: Laura Stasavich; Coburn, Chad; Coats, Heather
Cc:'Rand Nickerson'
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
I'm sorry Laura but I am not in the office today but do you have the updated square footage and volumes?
Thanks,

Gregg
From: Laura Stasavich [mailto:[e-mail]]
Sent: Wednesday, November 16, 2016 11:40 AM
To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<[e-mail]>
Cc:'Rand Nickerson' <[e-mail]>
Subject: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Gregg, Chad, and Heather:
Thank you again for meeting with me on 11/3/16 to discuss Rand Nickerson's CAMA Major permit
application. Following our meeting, we revised the proposed dredging footprint to reduce bottom impacts
around the docks. The attached layout shows a revised dredging limit, which reduces dredging area by 890
sq.ft. We did discuss reducing the access channel to 18' wide, but feel that 20' wide is the minimum width
needed for safe navigation. With an average boat width, a 20' wide channel would leave approximately 5' on
either side for side slopes and safe navigation. Given variability in tides/winds and other factors, the 5' width
is expected to be necessary. The NMFS is accepting a donation of shell to the NCDMF oyster recycling
program as mitigation for bottom impacts, which may partially offset these impacts.
Please let me know if these revisions are acceptable, and whether I need to submit the revision on letterhead.
Thank you again for your assistance,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: [e-mail] I Website: www.Imgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403

V
Coats, Heather
From:
Laura Stasavich <[e-mail]>
Sent:
Monday, November 21, 2016 9:28 AM
To:
Bodnar, Gregg; Coburn, Chad; Coats, Heather
Cc:
'Rand Nickerson'
Subject:
RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hi Gregg,
I think I used an average 2' change in depth in the application (rather than 3'). Let me double check this, and I will
confirm this afternoon.
Thanks -
Laura
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Monday, November 21, 2016 9:26 AM
To: Laura Stasavich; Coburn, Chad; Coats, Heather
Cc:'Rand Nickerson'
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Morning Laura,
Thanks for the updated dredge information. I wanted to ask, the updated volumes are higher than what was in
the application. I know you mentioned that they may be slightly overestimated, but I wanted to double check since the
minimization efforts show an increase in volume.
Thanks,
Gregg
Gregg Bodnar
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 213 office
Gregg. Bod nar(ancdenr.gov
400 Commerce Ave
Morehead City, NC 28557
0c': Nothing Compares..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Laura Stasavich[mailto:[e-mail]]
Sent: Friday, November 18, 2016 11:17 AM
To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<heather.coats@ ncden r.gov>
Cc: 'Rand Nickerson' <[e-mail]>
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hi Gregg,
The updated dredge area is = 9,642 sqft
The updated dredge volume is = 1,071 cy (assuming an average depth change of 3'- which may be slightly over-
estimated)
Please let me know if you need anything else!
Thanks,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: [e-mail] I Website: www.Imgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
From: Bodnar, Gregg[mailto:[e-mail]
Sent: Friday, November 18, 2016 11:05 AM
To: Laura Stasavich; Coburn, Chad; Coats, Heather
Cc: 'Rand Nickerson'
Subject: RE: Nickerson LAMA Major Permit application, Bradley Creek Point Rd, New Hanover
I'm sorry Laura but I am not in the office today but do you have the updated square footage and volumes?
Thanks,
Gregg
From: Laura Stasavich [mailto:[e-mail]]
Sent: Wednesday, November 16, 2016 11:40 AM
To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<[e-mail]>
Cc:'Rand Nickerson' <[e-mail]>
Subject: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Gregg, Chad, and Heather:

Thank you again for meeting with me on 11/3/16 to discuss Rand Nickerson's CAMA Major permit
application. Following our meeting, we revised the proposed dredging footprint to reduce bottom impacts
around the docks. The attached layout shows a revised dredging limit, which reduces dredging area by 890
sq.ft. We did discuss reducing the access channel to 18' wide, but feel that 20' wide is the minimum width
needed for safe navigation. With an average boat width, a 20' wide channel would leave approximately 5' on
either side for side slopes and safe navigation. Given variability in tides/winds and other factors, the 5' width
is expected to be necessary. The NMFS is accepting a donation of shell to the NCDMF oyster recycling
program as mitigation for bottom impacts, which may partially offset these impacts.
Please let me know if these revisions are acceptable, and whether I need to submit the revision on letterhead.
Thank you again for your assistance,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: 910.452,0060 1 Mobile: [phone]
Email: [e-mail] I Website: www.lmgroup.net
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403

Coats, Heather
From:
Bodnar, Gregg
Sent:
Monday, November 21, 2016 9:26 AM
To:
Laura Stasavich; Coburn, Chad; Coats, Heather
Cc:
'Rand Nickerson'
Subject:
RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Morning Laura,
Thanks for the updated dredge information. I wanted to ask, the updated volumes are higher than what was in
the application. I know you mentioned that they may be slightly overestimated, but I wanted to double check since the
minimization efforts show an increase in volume.
Thanks,
Gregg
Gregg Bodnar
Fisheries Resource Specialist
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 213 office
Gregg. [e-mail]
400 Commerce Ave
Morehead City, NC 28557
r:? Nothing Compares...,.,..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Laura Stasavich [mailto:[e-mail]]
Sent: Friday, November 18, 2016 11:17 AM
To: Bodnar, Gregg <[e-mail]>; Coburn, Chad <[e-mail]>; Coats, Heather
<heather.coats@ ncde n r.gov>
Cc:'Rand Nickerson' <[e-mail]>
Subject: RE: Nickerson CAMA Major Permit application, Bradley Creek Point Rd, New Hanover
Hi Gregg,
The updated dredge area is = 9,642 sqft
The updated dredge volume is = 1,071 cy (assuming an average depth change of 3'- which may be slightly over-
estimated)
10

CAMA Major Permit Application
Mr. Rand Nickerson, 317 Bradley Creek Point Road, Wilmington, NC
Supplemental Table — Dredge Area and Volume Revisions
11/21/2016
Proposed Dredging - 6/2016 LAMA Major Permit Application
Area
Avg.
Dredge
Dredge
(sqft)
Depth
Volume
Volume (cy)
Change
(ft3)
(ft)
Basin (6/2016)
3,927
3.0
11,781
436
Channel (6/2016)
6,607
2.0
13,214
489
Total = 10,534
Total = 925
Proposed Dredging-11/2016 Revision of CAMA Major Permit Application
Area
Avg.
Dredge
Dredge
(sgft)
Depth
Volume
Volume (cy)
Change
(ft')
(ft)
Basin (11/2016)
2,855
3.0
8,565
317
Channel (11/2016)
6,788
2.0
13,576
503
Total = 9,643
Total = 820

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
26313th Avenue South.
St. Petersburg, Florida 33701-5505
hUp:/isero.nmfs.noaa.gov
August 17, 2016
(Sent via Electronic Mail)
Colonel Kevin P. Landers, Sr., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Tyler Crumbley
Dear Colonel Landers:
F/SER47:KR/pw
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for SAW-2014-
02096, dated July 21, 2016. Rand Nickerson, applicant, proposes modifications to his existing
permit for a docking facility in Bradley Creek, New Hanover County, that he has not yet
constructed. Mr. Nickerson proposes to enlarge the waterward structures and to dredge an access
channel and basin. The Wilmington District's initial determination is the proposed dredging may
affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery
Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As
the nation's federal trustee for the conservation and management of marine, estuarine, and
diadromous fishery resources, the NMFS provides the following comments and
recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the
Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act).
Description of the Proposed Project
The applicant proposes to alter the permitted structures to now include one boat lift, a floating
dock (4.25 feet by 20 feet), a floating transient dock (six feet by 26 feet), and a gazebo (12 feet
by 20 feet); while all three structures are part of the current permit, the applicant is proposing
small increases to their size or altering their dimension. No change is proposed to the walkway
used for accessing the docking facility from the uplands. The applicant also proposes excavating
an access channel measuring 330 feet in length and 20 feet in width; the existing permit does not
authorize dredging. The estimated volume of dredging is 924 cubic yards from 10,220 square
feet of shallow bottom to establish a controlling depth of -4.0 feet at mean low water. The
applicant proposes to excavate sediment via a bucket -to -barge (clamshell) operation and to
transport the dredged material to an upland disposal site approximately 0.9 miles from the
project location. Water depths within the footprint of the project area average -2.0 feet mean low
water. Dredging has nevefoccurred within the footprint of the docking facility and proposed
access channel; however, historical aerial photographs suggest natural braided channels existed
within the property's riparian corridor.
Impacts to Essential Fish Habitat
Due to the permit history, the NMFS will limit its focus to the proposed dredging. The project
area is within a state -designated Permanent Secondary Nursery Area. Excavating the access
Ir

channel would disturb approximately 10,220 square feet of shallow bottom habitat and
potentially impact neighboring oyster reefs and salt marsh. The SAFMC identifies shallow
intertidal and sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and
white shrimp and for estuarine species within the snapper/grouper complex (e.g., gray snapper
and gag). The SAFMC also identifies oysters and Permanent Secondary Nursery Areas as
Habitat Areas of Particular Concern (HAPCs) for shrimp, gag, and gray snapper. HAPCs are a
subset of EFH that are rare, particularly susceptible to human -induced degradation, especially
important ecologically, or located in an environmentally stressed area. The SAFMC identifies
these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge
and experience high growth and survival rates when located in these habitats. The SAFMC
provides detailed information on the EFH requirements of federally managed species in
amendments to the fishery management plans and in Fishery Ecosystem Plan of the South
Atlantic Region.
The project area clearly functions as nursery habitat for federally managed species as well as
other species of commercial or recreational importance including red drum, Atlantic croaker,
spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of
these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel,
Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes
and sharks).
The NMFS believes that despite the large dredge footprint the applicant has avoided and
minimized impacts to estuarine habitats, including salt marshes and oyster reefs, through
alternatives analysis that included a comparison of access channels for navigation to the Atlantic
Intracoastal Waterway and Bradley Creek. The NMFS recommends the applicant ensure the ten -
foot dredge offset from coastal wetlands includes all emergent salt marsh vegetation, oyster
reefs, and shell bottom to minimize environmental impacts to sensitive habitats. The NMFS also
recommends the permit require compensatory mitigation for the impacts to estuarine bottom
resulting from excavation of the access channel to Bradley Creek. Given the scale of the
impacts, the NMFS recommends the mitigation be enhancement salt marsh or shallow water
habitat by adding oyster cultch or removing debris. This mitigation could be Best management
practices should be used to prevent degradation of fisheries habitat during construction.
Recommended practices include measures to prevent the discharge of contaminants and
pollutants, elevated turbidity, increased sedimentation, elevated noise levels, and decreased water
quality.
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH
Conservation Recommendations for any federal action or permit which may result in adverse
impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of
EFH and associated fishery resources:
• The permit should require a ten -foot dredge offset from coastal wetlands including all
emergent salt marsh vegetation, oyster reefs, and shell bottom.
• The permit should require best management practices, such as field marking oyster reefs
and shell bottom, to keep construction equipment and activities from encroaching into
oyster and shellfish habitat.

r The permit should require mitigation for the impacts to shallow estuarine bottom habitat.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not following the
recommendations.
Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road,
Beaufort, North Carolina 28516-9722, or at [phone].
/ for
Sincerely,,
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail], [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F/SER4, [e-mail], [e-mail]

Coats, Heather
From: Crumbley, Tyler SAW <[e-mail]>
Sent: Thursday, August 18, 2016 1:54 PM
To: Coats, Heather; Coburn, Chad
Subject: FW: [EXTERNAL] Rand Nickerson 2014-02096; NMFS comments
Attachments: Nickerson_2014-02096_EFH_FINAL.pdf
-----Original Message -----
From: Crumbley, Tyler SAW
Sent: Thursday, August 18, 2016 1:50 PM
To: 'Laura Stasavich' <[e-mail]>; Steve Morrison <[e-mail]>
Subject: FW: [EXTERNAL] Rand Nickerson 2014-02096; NMFS comments
Laura and Steve,
We will need to address these comments in writing by the 16th of September.
Thank you.
-Tyler
-----Original Message -----
From: Robin Wiebler- NOAA Federal [mailto:[e-mail]]
Sent: Wednesday, August 17, 2016 1:27 PM
To: Crumbley, Tyler SAW<Tyler.Crum [e-mail]>; NC FWS Pete Benjamin <[e-mail]>; NC
DCM Doug Huggett <[e-mail]>; NC DCM Gregg Bodnar <Gregg. Bodnar@ ncdenr.gov>; NC EPA Todd
Bowers <[e-mail]>; SAFMC Roger Pugliese <[e-mail]>; David Dale - NOAA Federal
<[e-mail]>; Sharon Rolfes - NOAA Federal <[e-mail]>; Ken Riley - NOAA Federal
<ke n. ri I ey @ n oa a.gov>
Subject: [EXTERNAL] Rand Nickerson 2014-02096; NMFS comments
Administrative Assistant
Habitat Conservation Division Atlantic Branch
PHONE: [phone] <tel:843%20762-8604>
[e-mail] <mailto:[e-mail]>

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
TO:
Chad Coburn
401 Wetlands
DWR-WiRO.
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
RECEIVEMCDENROR
JUL 0 6 2016
Water Quality Regional
Operations Section
Wilmington Regional Office
FROM: n Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCaD-ncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: Rand Nickerson Mild 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project: to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
Oro/ wQc wr: Q/ /6 ccc_
REPLY: This agency has no objection to the project as proposed.
SIGNED
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.
DATED -o'.0
RECEIVED
DCM WILMINGTON, NC
DEC 0 8 2016
e
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Water Resources
ENVIRONMENTAL OVALITY
Mr. Rand Nickerson
317 Bradley Creek Point Road
Wilmington, NC 28403
PAT MCCRORY
G'nr m"
DONALD R. VAN DER VAART
S„'U"
S. JAY ZIMMERMAN
December 5, 2016 "'n'""'
DWR Project # 2014-1159v2
New Hanover County
Subject Property: 317 Bradley Creek Point Road - Wihnington
Approval of 401 Water Quality Certification with Additional
Conditions
Dear Mr. Nickerson:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 0.22 acres (9,643 square feet) of open waters to excavate a new access channel and basin
within Bradley Creek and to construct a private docking facility as described within your
application received by the Division on July 6, 2016, with additional information received on
November 16m and 211, 2016. After reviewing your application, we have decided that the impacts
are covered by General Water Quality Certification Number 3900 (GC 3900).
You should obtain or otherwise comply with any other required federal, state or local permits
before you go ahead with your project including (but not limited to) Erosion and Sediment Control,
Non -discharge, and stormwater regulations. Also, 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 Permit. This Certification can also be found on line at:
httv://vortal.ncdenr.orWweb/wq/swp/ws/401 /certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
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 the 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 ownehpa5k
given a copy of this approval letter and General Certification and is responsi*,&v�4Mp#T4N, NC
State of North Carolina l Department of Enviromnental Quality I Division of Water Resources DEC O O 2016
127 Cardinal Drive Ext., Wilmington, NC 28405
919 796 7215

Nickerson —317 Bradley Creek Point Road
2014-1159v2
Page 2 of 4
' t
with all conditions. Any new owner must notify the Division and request the Certification be
issued in their name { 15A NCAC 02H .0501 and .0502}.
2 Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]. The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification, and shall
provide each of its contractors (and/or agents) a copy of this Certification.
Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion
control practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
The permittee shall require its contractors and/or agents to comply with the terms 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 a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6 Continuing Compliance:
The applicant/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. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or achieved
use, or that State or Federal law is being violated, or that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)]
RECEIVED
DCM WILMINGTON, NC
DEC 08 2016

Nickerson — 317 Bradley Creek Point Road
`2014-1159v2
Page 3of4
All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [ 15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8 Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9 This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10 Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://i)ortal.nedenr.org/web/Wg/swv/ws/401/certsgndpermi!L/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be
faxed to the OAH at [phone], provided the original and one copy of the petition alo RECEIVED
with any applicable OAH filing fee is received by the OAH within five (5) business days
16CM WILMINGTON
following the faxed transmission. DEC 08 2016

Nickerson —317 Bradley Creek Point Road
2014-1159v2
Page 4 of 4
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
►•
If sending via delivery service (UPS,
FedEX etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at 910.796.7215 or Chad.CobumQncdenr.gov.
Sincerely,
Jer
Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3900
cc: Laura Stasavich — Land Management Group, Inc., 3805 Wrightsville Avenue, Suite 15,
Wilmington, NC 28403
Tyler Crumbley - USACE Wilmington Regulatory Field Office
Heather Coats — DCM Wilmington
DWR 401 & Buffer Permitting Branch file
WiRO
RECEIVED
DCM WILMINGTON, NO
DEC 0 8 2016

PAT MCCRORY
r:y
DONALD R. VAN DER VAART
x;"%",
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL OUALITY
LJGlIVn/
DWR Project No: County:
Applicant:
Project Name:
401 Water Quality Certification Issued Date:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the DWR
401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Date:
if this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e.,
Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to
observe (periodically, weekly, full time) the construction of the project, for the Permitee hereby state that,
to the best of my abilities, due care and diligence was used in the observation of the construction such
that the construction was observed to be built within substantial compliance and intent of the 401 Water
Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
RECEIVED
OCM WILMINGTON. NC
Slate of NorthCarolina I EnJvonmentel Quality I Water Resources DEC 0 8 2016
1611 Mail service Carter I Raleigh, Noah Carolina 27699-1611
919 707 9000

Coats, Heather
From: Laura Stasavich <[e-mail]>
Sent: Tuesday, October 25, 2016 11:40 AM
To: Coats, Heather; Crumbley, Tyler SAW; Coburn, Chad; Bodnar, Gregg; [e-mail]
Subject: Nickerson CAMA Permit 2-15 Modification Request, New Hanover County
Attachments: Nickerson_NHC_NCDCM.pdf; Nickerson_NHC_NCDWR.pdf; Nickerson_NHC_NMFS.pdf
Thank you all for your comments on the above -referenced NC CAMA permit application. I have attached 'responses to
your comments, and please feel free to call (910-452-0001) or email if you would like to discuss these issues further.
Thank you again -
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax:[phone] Mobile:[phone]
Email: [e-mail] I Website: www.lmgroup.net
J
Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403

LMG
LAND MANAGEMENT GROUP INC.
Environmental'Consulrants
October 17, 2016
Mr, Gregg Bodnar
NC Division of'Coastal_Management.
400 Commerce Avenue
Morehead City, NC 28557
RE; CAMA Permit �#2-15), Nickerson Major Modification Request
317 Bradley Creek Road, Wilmingfon,,NC
Dear Gregg,.
Thank you for the NCDCM comments• , regarding the • above -referenced major
modification request. Your pre -application site visit was very 'fielpful and; on behalf of the'
applicant; I. am addressing concerns regarding the size. of the proposed floating docks and
associated dredging relative to the currently permitted floating dock.
The proposed boat lift is sited in the location of the approved 16' long floating dock:
The'boat lift is aligned at the riparian corridor's southern structure setback and could not be
g p
moved further south. The proposed 20' long floating dock alongside the lift on the northern
side was increased by 4' (above the currently authorized floating dock) to allow the applicant full
access to a 20' boat. Four feet of additional length wasthought to have very little impact on the
dredging footprint since dredging would occur behind the lift to allow for backing and access'
into the lift. -From the rear of the lift, a 30' length of dredging, was requested to provide an -
industry. standard 1.57length .of boat, backing distance. Therefore, the proposed 20' floating'
dock would be located in an area dredged for the`backing'area and would not increase the
dredge footprint. Cost to. construct:a'500' long pier and to complete dredging is substantial
(over,$100,000 per the applicant's estimate), and the ability to utilize a 20' long boat was.
thought io 'be warranted given this cost: It is presumed that a boat between 16' and 20' could
dock at the currehtly permitted dock with similar indirect bottom impacts resulting from use im
shallow waters.
While the currently authorized 'plan does not include a second floating dock, the
applicant requests the floating'dock -for several reasons. Once a boat lift is constructed
alongside the currently authorized dock, that dock could.no longer be accessed for other uses.
The propcised 26' long floating dock -would provide: (1) temporary side -to dockage by the owner
and their guests (2) swimming/foot access to the water, and (3) launching for a kayak. The
position othe floating dock was, dictated by the access ramp and a 10' minimum offset from
marsh tot . he north. it is_also noted that approximately ten feet of the dock would be needed'as
a ramp platform to "access, the boat lift dock: While the-26' long -.floating dock would result in
additional dredging, the additional area was thought to be minimal relative to the base amount
of'dredging needed for a single boat slip. TTlie'total dredge footprint is approximately 10,000
square feet, including the dredge channel and access into and out of the boat lift. Additional

dredge area that would be added by the second floating dock is approximately 26' by 50', or ten
percent of the'entire dredging footprint. Again, due to the overall cost to construct,a fixed pier;
a single boat lift, and to dredge navigable access to Bradley Creek, "the; additionaCtdock was
thought to bewarranted.
The project would continue to maintain a minimum 10'offset from the -marsh and
oyster resources, and due to,the sandy, texture, of the bottom, any impacts to the submerged.
bottom and shallow: water, column are expected to be temporary:.with opportunist benthic
invertebrates recolonizing the area and sediment settling quickly due to grain size and lack' of.
g w if you would like to discuss these issues further. Thank you again
organics. Please let me kno,
for your assistance in.this application process.
Inc.
cc� Mr. Rand Nickerson; owner/applican4
Ms. Heather,Coats NCDCM
Mr; Chad Coburn, NCDWR,
Mr Tyler Crumbley', MACE
Mr; Ken Riley, NMFS.
wwrv.lmgroup net, info@Imgroup net ,Phone [phone] a Fax; 910.452.00.60
3805 Wrightsville Ave., Suite 15, Wilmington, r C 28403

( MM
LAND MANAGEMENT GROUP INC.
' EnvironmenItal Consultants
October 17, 2016
Mr. Chad Coburn
NC Division. of Water Resources
127 Cardinal Drive Extension•
Wilmington, NC 28405.
RE DWR # 14-1159v2, Nickerson CAMA Major Permit application
317 Bradley Creek Road, Wilmington, NC
Dear Chad,
Thank you for the DWR's comments regarding the above -referenced permit application.
As, requested and on behalf, of the applicant, 1 am providing additional information on the
applicant's efforts:to avoid and minimize' submerged bottom impacts.
The CAMA permit for this property (No. 2-15) was issued to the. previous owner in
January 2015. However, none of the structures were constructed. before the property was
purchased by the applicant in May 2015;: The January 2015 permit approved a 16' long floating
dock for a'single'boat slip with water depths, shown to range be -1' NLW and -2' NLW.
Land Management Group made three sites visitsduringaverage low tides in May and June 2015,
one of which with NCDCM staff. Water depths were observed to be-0.5',NLW-throughout the
riparian corridor where docks would be placed under, existing approvals. While water depths of
0.5' NLW would be -adequate -for a kayak or canoe access, it would not provide navigable low
tide access for even a small run -about. The January 2015 CAMA permit may Have demonstrated
a dock could be placed on the property for resale. purposes, but was -functionally limited with
observed -Water depths of -less than one foot at low tide. The applicant seeks dockage for a 'small
tomid-size recreational runabout. Due to the width of coastal marsh fringe along this shoreline,
ape to the approved docking location will be,a minimum of 500 feet, long. The expense of
constructing such a structure is, not warranted for a kayak dock' or similar passive recreational
access.
This property sits near .the intersection of Bradley Creek and the ICW, in a location
where the, riparian corridor could..potentially extend to either waterbody. During the January
2015 permitting, the NCDCM determined the riparian corridor extended to the ICW. Therefore,
to avoid dredging around docks -in the currently approved location, the pier -would have to be
extended to the ICW. This alternative was considered but not preferred due to the length of the
pier combined with the inability to eliminate dredging. The quarter waterbody width across the
ICW within this riparian corridor would allow'a pier to extend approximately 230 feet into the
ICW. If the pier was extended to the quarter waterbody limit along the ICW, it would total more
than 875 feet long and would still b6. more than 100 feet short of. the neighboring pier to the
north. A curve in the shoreline within this property's, riparian corridor results in a more limiting
quarter waterbodywidth than the adjacent property to the north. The neighboring pier to the

north is approximately 90 feet short of the ICW structure setback, and based on aerial
photographs may dredge much of that length to achieve navigable access to the ICW channel.
LMG observed water depths at an average low tide along the ICW shoreline. Over 200 feetfrom
marsh edge, water depths were approximately -2 NLW. Therefore, an alternative which
extended the pier and dock to the ICW was estimated to be an 875',long ,pier which would still
require an approximately 280'long dredge channel (based on LMG water depth observations
and aerial photography of the adjacent northern docks). The proposeddredge channel to
Bradley Creek is not much longer at 330' long (excluding the "basin" around the' proposed
docks) and would reduce the amount of pier structure placed in public trust waters.. The
proposed dredge width of 201 wide assumes a,box cut withsideslopes that will settle on an
angle;of repose. Boats utilizing the channel may be half that width, however, the' additional
width would allow for the'side slopes and provide a buffer for safe navigation.
Keeping docks in the currently, approved location and dredging to Bradley Creek -was
preferred by the, applicant, due to the reduced; cost of pier construction and the inability to
reduce dredging costs with a pier extending to the ICW. The applicant also prefers the shorter
pier for ease of use, since an 875' long pier is a significant distance to haul equipment/gear. In
addition, the currently approved dock location, is .behind a small marsh island near the
intersection of Bradley Creek and the ICW. This location would be more protected, with less
wave energy than along the ICW, making use easier and potentially reducing damage to the
docks.
While this alternative wa`s;dearly preferred due to `ease of use and cost, the ability to
minimizing significant impacts;to fisheries habitat's within Bradley Creek was evaluated before
submittal of the. permit modification request. LMG'conducte'd a shellfish surveyin May 2015to
determine if any shellfish. resources existed within the proposed dredging footprint. LMG
observed.and'raked sediments in 20' increments along 5300'-trarisectfrom the dock location to
the-4''NLW:contour along Bradley Creek., No shellfish resources were found in.the proposed
footprint: Lowrfiiimh (mohcispeafic Spga rtinalterniflord) located southwest,and noithwest of
the proposed -docks did contain live; oysters within'the,intertidal•area. The- intertidal island
southeast of the proposed dock was unvegetated'adjacent to the dredge,area but containecl an
accumulation of -oyster shells,(no live -oysters). Imorder to protect these adjacent resources; a
10' dredge offset was Included In the plans A second site visit with NCDCM fisheriesjstaff also
confirmed the lack .of� shellfish resources: within tlie:dredge,footprint, as well as the lack of any
submerged aquatievegetation: -A final depth of -5'-NLW was discussed, but was reduced to'-4'
NLW in order -to reduce the dredge footprint and potential -impacts to -adjacent resources. A
final dredge lepth of NLW also maintain's astialloud water columh and submergedbottom.
The applicant does ,requestto lift add.a second floating dock (in addition to the currently authorized
floatin_ g dock): Once a boat is constructed.alongside_the currently authorized` dock, that -dock
could no longer be accessed for otheruses. A proposed 26'-long floating dock would provide:
(1)'temporary`side=to dockage by the owner and their guests .(2) swimming/foot access to the
water,'and (3)'lauriching fora' kayak.. 'The .position "of the floating dock was' dictated by the
access ramp and a 10' minimum offset from marsh: to,the north. It is also noted that
approximately -ten feet of the dock would be needed as a ramp platform to access the boat lift
dock..While 'the 26' long floating dock--would-result in'additional dredging, the additional area
was thought to be.minimal relative to the base amount of dredging.needed for a single boat slip.
The'total dredge footprint is approximately 10,000 square feet, including the dredge channel
and daccess into and but 'of the boat lift. Additional dredge area'that'would tie added by the
second floating dock is approximately•26' by 50 , or ten percent of the entire dredging footprint.
Again, due to'the,overall cost to construct a fined pier, a single boat lift, and to dredge navigable
access to'Bradley'Creek,the-additionaldock was 'thought to be warranted.

Dredging would be needed for either alternative, with very little difference in the
dredge footprint of either alternative. Although Bradley Creek is mapped as secondary nursery
area, no direct impact to shellfish, SAV, or marsh resources would occur. A final dredge depth of
-4' NLW is anticipated to, maintain the area as shallow submerged water column and bottom.
Submerged` sediments are sands, and benthic invertebrates adapted to dynamic environments
are anticipated to recolonize dredged areas relatively quickly.
The proposed dredge channel could also provide navigable access for the neighboring
dock to the south. An existing dock to the south is sited approximately 150' landward of'the
currently approved and proposed ,dock location. The adjacent property to the south is
unoccupied at the time of this application, but,given the.highlydesired location of,theiproperty,
the dock will likely be used in the future. Access into and out of this adjacent slip had to extend
past the currently proposed docks and, based on historic aerial photographs, likely to the
Bradley Creek channel Therefore, the proposed dredge channel could serve users of the
Adjacent southern dock in the future. The proposed channel could minimize bottom impacts by
identifying a marked channel and, minimizing indirect bottom impacts resulting from travel
across'shallow _bottom. Users of the adjacent dock (and presumably; construction and use of the
existingpermit on the subject property)'have the ,ability to result in indirect bottom impacts.
In summary, the. alternative, of extending a pier to the, ICW was considered but would
have resulted in an excessively long pier with approximately the same, amount of dredging as
keeping docks in the approved location with dredging to Bradley Creek. Proposed dredging was
reduced from an Initially discussed -5' NLW to a final depth of -4' NLW to maintain a shallow
water column and submerged bottom. Shallow bottom impacts are expected to be temporary
with benthic invertebrate recolonization anticipated relatively quickly in the_ sandy bottom.
Direct impacts t—m intertidal marsh,, SAV and shellfish, resources would' be avoided. If the
proposed channeb becomes shared with landowners to the south, ,shallow, bottom impacts
would be fu'rthee minimized.,
Please let me know if you would like to discuss the project further: Thank you again for
your assistance in this application process.
Sincerely,
Laura Stasavich (Agent), .
Land,Management Group, Inc.
cc: Mr. Rand Nickerson, owner/applicant
Ms. Heather Coats, NCDCM
Mr. Gregg Bodnar, NCDCM
Mr. Tyler Crumbley, USACE
Mr. Ken Riley, NMFS
www.lmgro.up.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

LMG
LAND MANAGEMENT -GROUP INC.
Environmental Consultants
October 14, 2016
Mr. Ken:Riley
National Marine Fisheries Service
Beaufort Field Office
101 Pivers Island'Road
Beaufort, NC 28516'19722
RE:, SAW 2014-02096, Nickerson CAMA Major Permit application
317: Bradley , iCreek Road, Wilmington, NC
bearKen,
Thank you for the NMFS's. comments, regarding the above -referenced permit
applicatiom In, response to the EFH conservation recommendations, the applicant,
would coordinate with -the dredging contractor to ensure. a minimum ten: -foot offset
from adi.aint -cent,erticial marsh.,and oyster beds is -understood and observed. At.critical
I - - - - '- closest 'r h' to these resources, the offset could be'
Rcints.Where dredging would come
marked with, PVC pip'6 (or similar): to ensure' the; offset is visually " apparent -and'
maintained:
ined! by the -contractor. A pre -construction site Meeting with NCDC4 fisheries
staff ,could "also 66 scheduled if necessary.'.
Puring site -review of coastal marsh-lim[ts with NCDCM staff, a pile of used oyster
- 11 1 - 1".. 1 A
shells was noted in the upper,marsh of 'the property, between, the normal high -water-
line an&the coastal marsh limit. The oystersh6lli46ro located in an area consisting
largely, of Soartina 0awns, With other, species, typically found in mid -marsh pbsitipps;
such as Distl&h1issj2katd and Llmoniqm carol niandffiThe discarded oyster shells Were
noted.t6 be suitable -for use in the NC,Division of -Marine Fishelles (NCDMF) oystershell
recycling program. The area and volume of shell was not field measured at the time,
p roximaiely',fiv- e­feet by seven feet and approximately 'I fou . r feet
but is, estimated to: be a p
high. (approximately 140 ft3 of shell). These shells could be recycled to promote, oyster
reefs, In, coordination, With' the. NCDMF's oyster shell recycling, progam. While the
ali.p.11carif could rel6cate the shell into intertidal areas within the adjacent waters: as
enhancement of the shallow -estuarine bottom and water column, it would be preferred
ifihe NCDMF utilized the shells in theirmprograto promote larger,,consolid'ated efforts
towards oyster ree(develop'nrent in the . area' , s waterbodles. Removal of the oyster
shells: would also enhance the small area of coastal marsh where they are currently
located by restoring vegetative biomass to.th-atarea.

Please let me know if you would like to discuss the proposed estuarine shallow
bottom enhancement further. Thank you again for your assistance.
Sincerely,
Laura Stasavich (Agent),
Land Management Group, Ines.
cc: Mr. Rand,Nickerson, owner/applicant
Ms, Heather Coats, NCDCM
Mr. Gregg Bodnar, NCDCM
Mr: Tyler'Crumbley, USAGE
www.Ugroup.net • [e-mail] • Phone:[phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

Coats, Heather
From: Laura Stasavich <[e-mail]>
Sent: Friday, September 09, 2016 8:35 AM
To: Coats, Heather
Subject: RE: Nickerson 2014-02096 CAMA Major Permit application
Heather,
Please place the Nickerson Major Permit application (referenced above) on hold while I complete responses to NCDWR
and NMFS comments.
I have been out of the office most of last week and this week, but will submit responses next week.
Thank you,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: [e-mail] I Website: www.lmgroup.net Land Management Group, Inc I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403
-----Original Message -----
From: Coats, Heather[ma!Ito:[e-mail]]
Sent: Friday, September 02, 2016 11:11 AM
To: Laura Stasavich
Cc: Mairs, Robb L; Crumbley, Tyler SAW; Coburn, Chad
Subject: RE: Nickerson 2014-02096 CAMA Major Permit application
Hi Laura,
I know you've been working on this, but we need suspend processing of the CAMA permit, unless you can satisfy the
federal comments within the next 5 working days. Satisfying the federal and 401 concerns will most likely also address
those of Gregg, our Fisheries Resource Specialist, and I can coordinate your response with him.
Please see the attached letter and let me know if you have any questions or if I can be of assistance. You will also receive
the hard copy of the letter by mail.
Thanks and I hope you have a great Labor Day weekend, despite this rain!
Heather
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality

910 796 7302 office
[e-mail]
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Crumbley, Tyler SAW [mailto:[e-mail]]
Sent: Wednesday, August 24, 2016 11:25 AM
To: Coats, Heather<[e-mail]>; Coburn, Chad <[e-mail]>; [e-mail]
Subject: FW: Nickerson 2014-02096 and Worsley 2016-01334 CAMA Major Permit applications
FYI.
-----Original Message -----
From: Laura Stasavich [mailto:[e-mail]]
Sent: Wednesday, August 24, 201611:21 AM
To: Crumbley, Tyler SAW <[e-mail]>
Subject: [EXTERNAL] Nickerson 2014-02096 and Worsley 2016-01334 CAMA Major Permit applications
Tyler,
I want to let you know, I am preparing responses to federal comments on the above -referenced permit applications and
will forward them to you very shortly.
Thank you,
Laura
Laura Stasavich
Direct: 452-0001 x 1906 1 Fax: [phone] Mobile: [phone]
Email: [e-mail]<mailto:[e-mail]> I Website: Blockedwww.lmgroup.net
<Blockedhttp://www.Imgroup.net/>
Land Management Group, Inc [ Environmental Consultants

Coastal Management
ENVIRONMENTAL QUALITY
September 2, 2016
Land Management Group, Inc.
c/o Ms. Laura Stasavich
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
w
11
PAT MCCRORY
Gommor
DONALD R. VAN DER VAART
Secretory
BRAXTON DAVIS
Director
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
Rand Nickerson
Dear Ms. Stasavich:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on June 27, 2016. Processing of the application
is ongoing. However, it has been determined that additional information will be required prior to
the Division taking final action on your application. These required items are summarized
below:
1) The N.C. Division of Water Resources (DWR), U.S. Army Corps of Engineers
(USACE), and DCM Fisheries Resource Specialist have requested additional
information by way of the attached DWR letter dated August 18, 2016, USACE
email dated August 18, 2016 referencing NOAA National Marine Fisheries
Service letter dated August 18, 2016, and attached DCM Fisheries Resource
Specialist comments dated 8/1/16. Their correspondence requests additional
information be provided that demonstrates avoidance and minimization of impacts
to Secondary Nursery Area (SNA) and Essential Fish Habitat (EFH).
Therefore, it is necessary that processing of your permit application be placed in abeyance until
such time as you have satisfied the requirements of the DWR, the USACE, and the DCM
Fisheries Resource Specialist. Once all three parties have notified the Division of Coastal
Management Major Permit Section in writing that no further actions are necessary on the part of
the applicant, we will resume processing of your application.
If you can provide to this office a copy of the requested information within five working days
from the date of this letter, DCM staff will continue processing of the application and the
processing clock will not be suspended. If the required information is not received in this office
within the specified timeframe, processing of the application will be suspended in accordance
with 15A NCAC 07J.0204(d) until such time as the requested information is provided.
RECEIVED
State of NorthCarolinaEnvironmental Quality I Coastal Managm eent SEP 0 9 2016
127 Cardinal Drive Ext., Wilmington, NC 28105
910-7W7215 DCM- MHD CITY

If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone], or by email me at [e-mail].
Sincerely,
GWI
�- (04'zt
Heather Coats
Assistant Major Permits Coordinator
Cc: MHC Files
WiRO Files
Chad Coburn, DWR
Tyler Crumbley, USACE

WaterResources
ENVIRONMENTAL QUALITY
August 18, 2016
CERTIFIED MAIL: 7013-2630-0002-0760-8582
RETURN RECEIPT REQUESTED
Mr. Rand Nickerson
317 Bradley Creek Point Road
Wilmington, NC 28403
Subject: REQUEST FOR ADDITIONAL INFORMATION
317 Bradley Creek Point Road — Wilmington
Dear Mr. Nickerson,
PAT MCCRORY
Gorema
DONALD R. VAN. DER VAART
saga y
S. JAY ZIMMERMAN
D/manr
DWR # 14-1159v2
New Hanover County
RECEIVED
SEP 0 9 2016
DCM- MHD CITY
On July 6, 2016, the Division of Water Resources (Division) received your application requesting
a 401 Water Quality Certification from the Division to excavate a new access channel and to
construct a new, private, docking facility within Bradley Creek at the property listed above. The
Division has determined that your application is incomplete and cannot be processed. The
application is on -hold until all of the following information is received:
I. Please provide more details regarding avoidance and minimization of impacts for this
project. [15A NCAC 02H .0506(f) and (g)) You have requested authorization to dredge
10,220 square feet of estuarine waters classified as Secondary Nursery Area (SNA) in
order to create a new access channel within Bradley Creek. These impacts appear to be
much larger than would be required for the identified vessel size (Form DCM MP-4) of
17-20 feet in length. Please revise the plans to avoid or minimize these impacts or
provide additional information describing why they are needed.
Pursuant to Title 15A NCAC 02H .0502(e), the applicant shall furnish all of the above requested
information for the proper consideration of the application. If all of the requested information
is not received in writing within 30 calendar days of receipt of this letter, the Division will be
unable to approve the application and it will be returned. The return of this project will
necessitate reapplication to the Division for approval, including a complete application package
and the appropriate fee. Please respond in writing within 30 calendar days of receipt of this
DCM WILMINGTON, NO
AUG 9. 9.2011
stir,
State of Nor& Cuolma I Rovtrouamtat Quality l Warta Rmurt
1617 Mal Sarym Curter I Raleigh, North Carolina 27699-1617
919 807 6300

317 Bradley Creek Point Road
DWRt# 14-1159v2
Request for Additional Information
Page 2 of 2
Please be aware that you have no authorization under the Section 401 of the Clean Water Ad
for this activity and any work done within waters of the state may be a violation of North
Carolina General Statutes and Administrative Code.
Please contact Chad Coburn at [phone] or [e-mail] if you have any
questions or concerns.
Sincerely,
�;.V 4
fVA
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources
cc: Heather Coats - DCM WiRO ,,
Tyler Crumbley— USACE Wilmington
Jennifer Burdette — DWR Central Office
WiRO
See O
0\
OGM
Dem WILLMI ING ON, NO

Coats, Heather
V�i
From: Crumbley, Tyler SAW <Tyler, Crumbley@usace. army. mil>
Sent: Thursday, August 18, 20161:54 PM
To: Coats, Heather, Coburn, Chad
Subject: FW: [EXTERNAL] Rand Nickerson 2014-02096; NMFS comments
Attachments: Nickerson-2014-02096_EFH—FINAL.pdf
-----Original Message ---
From: Crumbley, Tyler SAW
Sent: Thursday, August 18, 20161:50 PM
To:'Laura Stasavich' <[e-mail]>; Steve Morrison <[e-mail]>
Subject: FW: [EXTERNAL] Rand Nickerson 2014-02096; NMFS comments
Laura and Steve,
We will need to address these comments in writing by the 16th of September.
Thank you.
-Tyler
---Original Message --
From: Robin Wiebler NOAA Federal [mailto:[e-mail]]
Sent: Wednesday, August 17, 20161:27 PM
To: Crumbley, Tyler SAW<[e-mail]>; NC FWS Pete Benjamin <Pete—[e-mail]>; NC
DCM Doug Huggett <[e-mail]>; NC DCM Gregg Bodnar <[e-mail]>; NC EPA Todd
Bowers <[e-mail]>, SAFMC Roger Pugliese <[e-mail]>, David Dale - NOAA Federal
<[e-mail]>; Sharon Rolfes - NOAA Federal <[e-mail]>; Ken Riley- NOAA Federal
<ken.riley@ noaa.gov>
Subject: [EXTERNAL] Rand Nickerson 2014-02096; NMFS comments
Administrative Assistant
Habitat Conservation Division Atlantic Branch
RECEIVED
PHONE: [phone] <tel:843%20762-8604>
[e-mail]<mailto:[e-mail]> SEP 09 Z016
DrMT MHD CITY

.� 0° UNITED STATES; DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
NO Southeast Regional Office
47a.es O 26313th Avenue South.
St, Petersburg, Florida 33761-W5
httpJ/sero.nmfs.noaa.gov
August 17, 2016
(Sent via Electronic Mail)
Colonel Kevin P. Landers, Sr., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Tyler Crumbley
Dear Colonel Landers:
F/SER47:KR/pw
RECEIVED
SEP 0 0 2016
DCM- MHD CITY
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for SAW-2014-
02096, dated July 21, 2016. Rand Nickerson, applicant, proposes modifications to his existing
permit for a docking facility in Bradley Creek, New Hanover County, that he has not yet
constructed. Mr. Nickerson proposes to enlarge the waterward structures and to dredge an access
channel and basin. The Wilmington District's initial determination is the proposed dredging may
affect essential fish habitat (EFH) or associated fisheries managed by South Atlantic Fishery
Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. As
the nation's federal trustee for the conservation and management of marine, estuarine, and
diadromous fishery resources, the NMFS provides the following comments and
recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the
Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act).
Description of the Proposed Project
The applicant proposes to alter the permitted structures to now include one boat lift, a floating
dock (4.25 feet by 20 feet), a floating transient dock (six feet by 26 feet), and a gazebo (12 feet
by 20 feet); while all three structures are part of the current permit, the applicant is proposing
small increases to their size or altering their dimension. No change is proposed to the walkway
used for accessing the docking facility from the uplands. The applicant also proposes excavating
an access channel measuring 330 feet in length and 20 feet in width; the existing permit does not
authorize dredging. The estimated volume of dredging is 924 cubic yards from 10,220 square
feet of shallow bottom to establish a controlling depth of -4.0 feet at mean low water. The
applicant proposes to excavate sediment via a bucket -to -barge (clamshell) operation and to
transport the dredged material to an upland disposal site approximately 0.9 miles from the
project location. Water depths within the footprint of the project area average -2.0 feet mean low
water. Dredging has never occurred within the footprint of the docking facility and proposed
access channel; however, historical aerial photographs suggest natural braided channels existed
within the property's riparian corridor.
Impacts to Essential Fish Habitat
Due to the permit history, the NMFS will limit its focus to the proposed dredging. The project
area is within a state -designated Permanent Secondary Nursery Area. Excavating the access

channel would disturb approximately 10,220 square feet of shallow bottom habitat and
potentially impact neighboring oyster reefs and salt marsh. The SAFMC identifies shallow
intertidal and sub -tidal bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and
white shrimp and for estuarine species within the snapper/grouper complex (e.g., gray snapper
and gag). The SAFMC also identifies oysters and Permanent Secondary Nursery Areas as
Habitat Areas of Particular Concern (HAPCs) for shrimp, gag, and gray snapper. HAPCs are a
subset of EFH that are rare, particularly susceptible to human -induced degradation, especially
important ecologically, or located in an environmentally stressed area. The SAFMC identifies
these areas as EFH because fish and shrimp concentrate in these habitats for feeding and refuge
and experience high growth and survival rates when located in these habitats. The SAFMC
provides detailed information on the EFH requirements of federally managed species in
amendments to the fishery management plans and in Fishery Ecosystem Plan of the South
Atlantic Region.
The project area clearly functions as nursery habitat for federally managed species as well as
other species of commercial or recreational importance including red drum, Atlantic croaker,
spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, and blue crab. A number of
these species serve as prey for fish that are managed by the SAFMC (e.g., king mackerel,
Spanish mackerel, and cobia) or for highly migratory fish managed by the NMFS (e.g., billfishes
and sharks).
The NMFS believes that despite the large dredge footprint the applicant has avoided and
minimized impacts to estuarine habitats, including salt marshes and oyster reefs, through
alternatives analysis that included a comparison of access channels for navigation to the Atlantic
Intracoastal Waterway and Bradley Creek. The NMFS recommends the applicant ensure the ten -
foot dredge offset from coastal wetlands includes all emergent salt marsh vegetation, oyster
reefs, and shell bottom to minimize environmental impacts to sensitive habitats. The NMFS also
recommends the permit require compensatory mitigation for the impacts to estuarine bottom
resulting from excavation of the access channel to Bradley Creek Given the scale of the
impacts, the NMFS recommends the mitigation be enhancement salt marsh or shallow water
habitat by adding oyster cultch or removing+debris. This mitigation could be Best management
practices should be used to prevent degradation of fisheries habitat during construction.
Recommended practices include measures to prevent the discharge of contaminants and
pollutants, elevated turbidity, increased sedimentation, elevated noise levels, and decreased water
quality.
EFH Conservation Recommendations
Section 305(b)(4)(A) of the Magnuson -Stevens Act requires NMFS to provide EFH
y,
Conservation Recommendations for any federalaction or permit which may result in adverse
Q
F—
impacts to EFH. Therefore, NMFS recommends the following to ensure the conservation of
W
se
(�
EFH and associated fishery resources:
>
N
p
• The permit should require a ten -foot dredge offset from coastal wetlands including all
W
o
2
emergent salt marsh vegetation, oyster reefs, and shell bottom.
C)
a
• The permit should require best management practices, such as field marking oyster reefs
�
and shell bottom, to keep construction equipment and activities from encroaching into
Cr
U
oyster and shellfish habitat.
p

o The permit should require mitigation for the impacts to shallow estuarine bottom habitat.
Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR
Section 600.920(k) require the Wilmington District to provide a written response to this letter
within 30 days of its receipt. If it is not possible to provide a substantive response within 30
days, in accordance with the "findings" with the Wilmington District, an interim response should
be provided to the NMFS. A detailed response then must be provided prior to final approval of
the action. The detailed response must include a description of measures proposed by the
Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the
response is inconsistent with the EFH conservation recommendations, the Wilmington District
must provide a substantive discussion justifying the reasons for not following the
recommendations.
Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road,
Beaufort, North Carolina 28516-9722, or at [phone].
/ for
Sincerely,
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
cc: COE, [e-mail]
USFWS, Pete [e-mail]
NCDCM, [e-mail], [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F/SER4, [e-mail], [e-mail]
RECEIVED
SEP 0 9 2016
DCM- MHD CITY

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
PAT MCCRORY
Gov or
DONALD R. VAN DER VAART
5P_r
BRAXTON DAVIS
Dmdor
TO: GreggBodnar
Fisheries Resource Specialist RECEIVED
DCM, Morehead City SEP 0 9 2016
FROM: Heather Coats, Assistant Major Permits Coordinator DCM- MHD CITY
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext. Wilm. NC 28405 heather.coats()ncdencpov
Fax: [phone] Couefer 0416-33
SUBJECT: CAMA/Dredge B Fill Application Review
Applicant: Rand Nickerson MM 2-15
Project Location: 317 Bradley Creek Pt. Rd., adjacent to Bradley Creek,
in Wilmington, New Hanover County
Proposed Project. to modify State Permit No. 2-15 by construction of a private docking
facility and new excavation of an access channel and basin
Please indicate below your agency's position or viewpoint on the proposed project and
r�etum this form to Heather Coats k the address above by July 29, 2016. If you have any
questions regarding the proposed project, contact Robb Mairs at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
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.
SIGNED
Saw ufNmtL CuoGm I rmvimmenl QUAY I C=W tvLmMMA
127 Cu&td Dnw 1 ¢0, W&Mga4 NC 29405
910-796-7215
DATED L/'
RECEIVED
JUL 112016
DCM- MHD CITY
W

PAT MCCRQR.Y
Governs'
DONAW R. VAN DER VAART
'Environmental Secretory
Quality .
MEMORANDUM:
TO: Heather Coats, DCM Assistant Major Permit Coordinator
FROM: Gregg Bodnar, DCM Fisheries Resource Specialist
SUBJECT: Rand Nickerson (#2-15) ,
DATE: 8/1/2016
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject:permitapplication for, proposed actions that impact fishancifish habitats: The applicantproposes_
to construct a docking facility and new excavation of an access channel and basin. The surrounding waters
are classified as.secondarynursery area (SNA), secondary recreation (SC), and closed to shellfish harvest.
Coastalmetlands and oyster resource are presentwithin the area.
The waters are classified as SNA, which are estuarine waters commonly used as a developmental
transitional zone; where later juvenile development takes place. Species within this area are,
mixture of juveniles that have migrated from the primary nursery areas upstream, suWclults and
adults. Shallow habitat, such as this, with coastal wetlands and oyster reefs;. provide vulnerab.le
juvenile species with protection: from predators, an. abundance of food;.and watertemperatures
preferable to juven[la finfish and shellfish species. Wetlands can enhance foraging functions of
adjacent habitats; which is why primary (PNA).and secondary (SNA) nursery habitats are.closely
linked with.coastal wetlands:
Currently the applicant has an authorized docking facility though permit #2-15, consisting of a 540ft x 6ft. :
pier, 26ftz 16ft covered platform; and a 16ftx 6ft floating. dock. It was indicated that the applicant was
proposing.to.add a boatlift to the existing configuration and perform. new dredging to provide access.
With this understanding, a field investigation was performed by staff on 5/13/2016. Ashellflsh and . .
submerged Aquatic vegetation (SAV) survey was indicated. in the application resulting in no SAY or oyster
resource found within the proposed dredge footprint. Evidence of An historic channel and use is indicated
in the application; .
iheapplication shows smattered docking fac.[bty configuration that includes a larger floating dock and
additional floating dodc. As proposed the basin dredge footprint provides a significant area for the ~
Identified vessel size of 17ft20h. The larger fadiity and associated basin dredge footprintexceeds the W c rri
intent and understanding of the field survey,.and does not satisfy avoidance and minimization, but C.14_
increases.impacts of the facility within the SNA habitat. The alteration in floating dock dimensions from: W c
authorized to proposed increases the floatingstructure's area from 96ft2to 252ft2 (156.W } 90fe). This V CL .
to
state of North Carolina I Envlrorunent4lQuapty -
400 Commerce Avenue/Morehead City. N.C. 2W7 - -
- 252-808-2808 i 252-247-3330 [f2xl An Equal Opportunity l Afftrmafive Action Enp W

t'. PAT MCCRORY
.. - Go wnw
" DONALD R. VAN DER VAART
Environmental s°n"°ry
larger facility requires, in torn, a larger dredge footprint from what would have been appropriate for the
existing authorized facility.
These, additions further increase impacts to SNA habitat.beyond what was originally understood, and does
not satisfy avoidance and minimization measures for sensitive habitats such as SNA.. It is recommended
that the docking facility authorized in permit K-15 be constructed with the proposed boatlift. To
minimize impacts to SNA hab[tat;.the basin dredge footprint should be reduced to reasonable dimensions
to adequately maneuver the 17ft-2Oftvessel descr[bed.in the application.
contact Gregg Bodnar at (252) 80872808 ext. 213 or Preee.bodnarOncdenr.aoJ with further questions or
concerns.
State of North Carolina 1.Environmental Quality
400 Commerce Avenue/Morehead-City. N.C. 28557
252.808.2808 1252-247-3330 [faxl
An Equal OpporWnityl Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
t�✓
r^,
3.
4.
5.
6.
9
APPLICANT'S NAME: Rand Nickerson c/o Land Management Group, Inc.
Major Modification to State Permit No. 2.15
LOCATION OF PROJECT SITE: 317 Bradley Creek Point Road, in Wilmington, New Hanover County
Photo Index -2006: 22-7423, H-J, 5-7 2000: 22-272, H-J, 4-7 1995: 22-254, H-J, 5-7
State Plane Coordinates - Y: 170050 X: 2356211 GPS File: N/A
Lat: 34112'37.11 "N Long:77°49'18.49"W
INVESTIGATION TYPE: CAMA/ D & F
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/13/2016
Was Applicant Present — Yes (agent)
PROCESSING PROCEDURE: Application Received — Completed 06/27/2016
Office — Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan — New Hanover County
Land Classification From LUP — Developed (residential)/Conservation
(B) AEC(s) Involved: CW, PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Municipal
Planned - None
(F) Type of Structures: Existing — Single-family residence
Planned — New private docking facility and excavation of a channel and basin
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED QIHEB
(A) Vegetated Wetlands (Shading)
3,000 sq. ft.
(B) Non -Vegetated Wetlands
Open Water
10,220 sq. ft.
663 sq. ft.
(C) Other —Upland
13,068 sq. ft.
(D) Total Area Disturbed: 26,951 sq. ft. (0.618 acres)
(E) Primary Nursery Area: No (Permanent Secondary)
(F) Water Classification: SC Open: No
PROJECT SUMMARY: The applicant proposes to construct a private docking facility and excavate a new access channel and
basin within Bradley Creek.
RECEIVED
JUL 11 2016
DCM- MHD CITY

Rand Nickerson
Page Two
9. PROJECT DESCRIPTION_
The applicant's property is located at 317 Bradley Creek Point Drive, in Wilmington, New Hanover County. To locate the property
from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0
miles. Turn right onto Military Cut -Off Road and travel south approximately 0.5 miles until you reach Airie Road. Turn left onto
Airlie Road and travel approximately 0.7 miles east until you reach Bradley Creek Point Road. Turn rightonto Bradley Creek Point
Road and continue until the road forks. Turn left at the fork and continue until you reach the property of interest, which will be
located on the left.
The property is approximately 0.94 acres and is currently developed with a two story single-family residence, which borders the
confluence of the AIWW and the northern side of Bradley Creek, in Greenville Sound. The subject property is bordered by
residential properties to the north and south. Vegetation on the site consists primarily of maintained lawn grass and ornamental
landscaping. The property ranges in elevation from 5'-10' above normal high water (NHW) with approximately 160 linear feet of
shoreline. There is a narrow band of section "404" type wetlands located on the waterward side of the property, which consists of
Wax Myrtle (Wca cerifera), Marsh Pennywort (Hydrocotyle umbellate), and Groundsel Bush (Baccharis angustifolia). Coastal
Wetland species located adjacent to the property include, but are not limited to: Black Needle Rush (Juncus roemartanus), Sea
Lavender (Limonium, spp.), Salt Meadow Grass (Spartina patens) and Smooth Cordgrass (Spartina aftemiflora) in an area
approximately 400' in width.
The applicant currently maintains State Permit No. 2-15, which was transferred on October 6, 2015 from the previous property
owner (Haley) for the construction of a private docking facility. To date, the construction of the docking facility has not been
initiated. State Permit No. 2-15 is due to expire on December 31, 2018. Further, a previous property owner (W. Faris) submitted a
CAMA Major Permit application in 1997 for the construction of a private pier, which included a new boat basin and access channel
towards the AIWW. Based on the file review, it was indicated by the N.C. Division of Coastal Management that the new dredging
component of the application was at the time subject to the N.C. State Environmental Policy Act (SEPA), which it appears was not
completed. The application did include riparian lines for the proposed docking facility in relation to the adjacent riparian owners,
which currently maintain private docking facilities.
The waters of Bradley Creek, which are located adjacent to the property, are classified as SC by the Division of Water Resources. This
area is NOT designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according tom=pgryid� gytk+�-,
Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. r( li C V C LJ
PROPOSED PROJECT:
JUL 112016
The applicant proposes to construct a private docking facility and excavate a new access channel and b= Bjlp,��e�k ITY
The reconfiguration of the previously authorized docking facility consists of a new access pier, measure A e y 566'`Fnn
length by 6' in width, which would extent towards the east just north of the confluenceof Bradley Creek and the AIWW, and just
north of the existing docking facility to the south. The pier would terminate onto a fixed covered platform, measuring approximately
20' in length by 12' in width, oriented towards the north creating an "L-shaped" configuration. An access ramp would then lead onto
new floating dock, measuring approximately 26' in length by 6' in width, which would run parallel to the shoreline. The floating dock
would turn 90'towards the highground a distance of 20' in length by 4.5' in width, creating an "L-shaped" docking configuration. A
new boatlift, measuring approximately 13' in length by 13' in width would be installed on the southern side of this floating dock. The
application states that the proposed docking facility would accommodate up to two (2) vessels including transient dockage and
kayak use; however, it appears there is a potential of slips.
The application states that a new boat basin, measuring approximately 60' in length by 6V in width to a final project depth of 4@
NLW would be excavated within the location of the proposed docking facility. A new access channel is also proposed, which would
measure approximately 330' in length by 20' in width to a final project depth of 4@ NLW, which would be the same depth as the
connecting waters of Bradley Creek. The application states that the dredging limits would maintain a 10' setback from the existing
marsh substrate. The material would be excavated mechanically by bucket -to -barge method, which would result in the removal of
approximately 924 cubic yards of material. The excavated material would then be hauled to a privately owned spoil island located
approximately 0.9 miles south of the project site at the confluence of the AIWW and Motts Channel (US Army Corps of Engineers
(USACE) Disposal Site No. DA-0248).

e
Rand Nickerson
Page Three
The applicant also proposes to install eight (8) channel markers within the access channel from the mouth of thecreekto the basin
area. The two most waterward markers would be located at the mouth of the channel and would not be located any fartherthan the
existing channel markers (Green Buoy #3 and Red Marker #4) within Bradley Creek (See Sheets 1 through 11 of 11 and Project
Narrative).
10. ANTICIPATED IMPACTS
The proposed dredging would disturb approximately 10,220 sq. ft. of shallow bottom area, and would result in the removal of
approximately 924 cy of material from the existing basin and access channel system. The application states that the dredging
limits would maintain a 10' offset from the location of the existing Coastal Wetlands. The disposal of the material would impact
approximately 13,068 sq. ft. of highground, which would be located on an existing spoil island at the confluence of the AIWW and
Motts Channel (USAGE Disposal Site No. 0248), which is commonly used as disposal site by local marine contractors.
The proposed eight (8) channel markers within the access channel do not appearto impede established navigation within this area
of Bradley Creek. The two most waterward markers would be located at the mouth of the channel and would not be located any
farther than the existing channel markers (Green Buoy #3 and Red Marker #4) within Bradley Creek
The proposed access pier would shade approximately 3,000 sq. ft. of Coastal Wetlands, consisting primarily of Smooth Cordgrass
(Spartina a@emiflora). The remaining proposed fixed pier, covered platform, floating docks, boatlift and channel pilings would
incorporate approximately 663 sq. ft. of Estuarine Waters and Public Trust Area. The proposed structures would be located within
the applicant's riparian access area and would not encroach into the adjacent 15' Riparian Corridor Setback requirement. As
stated, the riparian lines were established using in the same lines in the 1997 Faris CAMA Major Permit application. The structures
would extend approximately 70' into a waterbody, which measures approximately 500' across. This distance conforms to the 1/4
width rule. Based on the provided drawings, the proposed structures would not encroach into the 80' setback from the AIWW
federal channel. The proposed structures would potentially accommodate up to three (3) vessels at this location within proposed
water depths of approximately -4' @ NLW once excavation is completed. Minor increases in turbidity should be expected during
the dredging event; however, no long term adverse impacts are anticipated.
RECEIVED
JUL 112916
DCM- MHD CITY
Submitted by: Robb L. Mairs Date: July 6, 2016 Office: Wilmington

0
317 Bradley Creek Point Road, New Hanover County, North Carolina
Request for Major Modification of CAMA Permit 2-15
Project Narrative
Mr. Rand Nickerson — owner/applicant
June 23, 2016
The project site is a single family lot located at 317 Bradley Creek Point Road in the City of
Wilmington, New Hanover County. The property's riparian corridor sits near the intersection of
Bradley Creek and the Atlantic Intracoastal Waterway (AIWW). Riparian corridor limits were
defined by the NCDCM in previous permit application documents to extend to the AIWW.
Waters of Bradley Creek at this location are classified as "SC" by the North Carolina
Environmental Management Commission. Waters of the AIWW at this location are classified as
"SA". The NC Division of Marine Fisheries classifies Bradley Creek as a permanent secondary
nursery area.
The applicant, Mr. Rand Nickerson, purchased the property and transferred LAMA Major Permit
2-15 which had been obtained by the previous owner. At that time, a single family pier and
dock had been authorized but were not constructed. Sheet 2 of 3 of the original permit
application (dated October 15, 2014) shows currently approved structures to include: (1) an
approximately 500' long fixed pier, (2) a 12' by 16' fixed gazebo, and (3) a 6' by 16' floating dock
for side -to dockage. Water depths at the location of the approved floating dock were observed
by LMG at low tide to range from approximately -1 NLW to -2' NLW. No dredging was requested
with the original permit application.
Mr. Rand requests to modify the permit to allow for dredging to the Bradley Creek channel in
order to provide safe, navigable access to the dock. Slight modifications to the dock are
requested to allow for the addition of one boat lift and extension of the floating dock. Proposed
structures include: (1) an approximately 506' long fixed pier, (2) a 12' x 16' fixed gazebo, (3) a
boat lift with a 4.25' by 20' floating dock for access, and (4) a 6' by 24' floating dock. The 24'
long floating dock would allow for temporary tie-up by the owner and his guests, kayak launch
and retrieval, and foot access to the creek. Stairs from the fixed pier to the unvegetated creek
bottom (to be located beyond the marsh edge) are also proposed.
Dredging to a final depth of 4 NLW is proposed around the boat lift and floating docks, and
within an area large enough to accommodate backing and turning a boat. A 20' wide channel is
proposed to Bradley Creek and would be roughly 3Q0'long. Sediment in the proposed dredge
footprint is sand with very little to no shell hash. Spoil will be placed in the existing, diked spoil
disposal island owned by Shore Acres, LLC and located on the AIWW approximately 0.5 miles
southeast of the property. An email from Mrs. Lawrence (on behalf of Shore Acres, LLC) to the
dredging contractor is enclosed with this application and provides permission to utilize the spoil
disposal area. Dredge area is estimated to be 10, 514 sq.ft. and dredge volume is estimated to be 924 cy. A total of eight (8) navigational aids are proposed along the channel. Navigational RECEIVED
aids will be timber pilings and will feature reflectors for visibility at night.
JUL 112016
In order to avoid impacts to fisheries resources within Bradley Creek's secondary nursery
waters, LMG conducted a shellfish and submerged aquatic vegetation survey. The option oJDCM- MH D CIT
dredging to the AIWW was also evaluated as an alternative. Transects along a potential dredge
channel to both Bradley Creek and the AIWW were raked at regular (-20') intervals for sm�{ V�ED
DCM WIL. NGTON. NC
,JUN 27 2A

P/
and SAV. No shellfish or SAV resources were found along either transect. Shell was present on
the island south of the proposed pier. Oyster beds were located within coastal marsh on the
island west of the proposed pier and along a portion of the property's marshline. LMG mapped
shell limits, coastal marsh limits, and joint marsh/oyster limits along these shorelines. A
mimimum ten foot dredge offset from these resources is proposed to allow for stablization of
the dredge cut.
Water depths observed by LMG indicated a dredge channel to the AIWW would be at least 456'
long. Dredging to the AIWW would make the channel approximately 150' longer than a channel
to Bradley Creek. Combined with the reduced dredge footprint, dredging to Bradley Creek will
avoid direct impacts to marsh, shell bottom and SAV. The proposed final depth is not expected
to significantly alter the habitat, since much of the proposed channel area has a current depth of
approximately-2'NLW. In addition, with large grain sizes (sand) it is anticipated that any
turbidity from dredging would settle quickly, and impacts to the water column would be
temporary. Opportunistic benthic invertebrates are expected to quickly recolonize the dredged
area based on studies of similar dredging conducted for beach nourishment projects.
Aerial photography from 1956 prior to dredging of the navigation channel in Bradley Creek,
shows natural braided channels existed within the property's riparian corridor. Aerial
photographs from 1966 and 1981, following dredging of the Bradley Creek channel, show a
natural channel remaining in approximately the location of the currently proposed channel. The
historic channels appear to run in a more northeast -southwest direction. However, a north -
south orientation is currently proposed to minimize impacts and cost. Aerial photography from
2002 shows "deep water" existed around the proposed dock structures and extended towards
Bradley Creek rather than the AIWW, indicating access from this property has historically been
to Bradley Creek rather than the AIWW.
No upland development is proposed at this time, and all existing uses of the property remain
unchanged.
RECEIVED
JUL 11 2016
DCM- MHD CITY
RECEIVED
DCM WIUAINGTCN, NC
JUN 27 2016

Coastal Management
ENVIRONMENTAL QUALITY
July 6, 2016
Ms. Laura Stasavich
c/o Land Management Group, Inc.
3805 Wrightsville Ave., Suite 15
Wilmington, North Carolina 28403
Dear Ms. Stasavich:
Fc-
PAT MCCRORY
Gov or
DONALD.R. VAN DMYAART
secmwY
BRAXTON DAVIS
Dlm&or
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent
for Mr. Rand Nickerson for the proposed development located at 317 Bradley Creek Point Road, adjacent
to Bradley Creek, in Wilmington, New Hanover County. It was received as complete on June 27, 2016
and appears to be adequate for processing at this time. The projected deadline for making a decision is
September 10, 2016. 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 June 27, 2016 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.
A field report has been prepared and is in the process of being circulated to the various state and federal
review agencies for their comments. If additional information is required based on this review, the
agencies may contact you directly.
cc: Doug Huggett, DCM-MHC,
Heather Coats, DCM-WiRO
Tyler Crumbley, USACE
Linda Painter, NH Co.
Rand Nickerson, Applicant
lY,
Robb
Field Representative
RECEIVED
JUL 112016
DCM- MHD CITY
SMta of North Carolina I Environmental Quality I Coastal Maoag t
127 CK&W Driw ExL, Wffimington, NC 28405
910-796-7215

0
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1
New Hanover County.
COMMENTS ACCEPTED THROUGH Ju/y 29jr 2016
APPLICANT:
Rand Nickerson
317 Bradley Creek Point Road
Wilmington, NC 28403
Agent: LMG, Inc. c/o Laura Stasavich [phone]
FOR MORE DETAILS CONTACT
CfACNTMnp
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NJMivooasaanageme
IZI Gardinalr. lhxtension
mmg on,
Robb airs, Field Representative
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■ Complete items 1, 2, and 3.
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or on the front if space permits.
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so that we can return the card to you. Addrel
■ Attach this card to the beck of the mailplece, B. ve by (PMn j
or on the front if apace permits. Grr
1. Article Addressed to: . le differant from Itam 17 Yes
If YES, enter delivery address below. ❑ No
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Rr-CEIVED
DCM WILMINGTON, NC
JUL 052016

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Mr. Rand Nickerson
Mailing Address
Phone Number:
Email Address:
_317 Bradley Creek Point Road, Wilmington, NC 28403,
847-921-9865
I certify that I have authorized Land Management Group, Inc._,
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
Modification of CAMA Permit 2-15 for changes to single family dock and new dredging
at my property located at 317 Bradley Creek Point Road, Wilmington ,
in _New Hanover County.
l 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.
'it, 44-V Nt s6Al
Print or Type Name
Ow n4.v
Title
�►�t�l7,o I (�
Date
This certification is valid through
RECEIVED
DCM WILMINCT-N NC
RECEIVED
DCM WILMINGTCN NC
JUN 2 7 2016
JUN 2 7
RECEIVED
12_/_31_/_2016_ JUL 11 2016
DCM- MHD CITY

rar
LMG
LAND MANAGEMENT GROUP mr.
Environmental Consultants
June 23, 2016
Steve and Margaret Diab
311 Bradley Point Creek Road
Wilmington, NC 28403
RE: Application for Modification of CAMA Major Permit 2-15
317 Bradley Creek Point Road, Mr. Rand Nickerson
Dear Mr. and Mrs. Diab,
This letter serves to notify you of proposed construction of a single-family, residential pier within the
riparian corridor of 317 Bradley Creek Point Road. The applicant, Mr. Nickerson, also proposes to dredge a 20'
wide channel from the dock to the Bradley Creek channel.
As an adjacent riparian property owner, you are required by the NC Coastal Area Management Act
(CAMA) permit application process to be notified. A copy of the CAMA permit application (narrative, application
forms and figures) as it has been submitted to the NC DCM is enclosed. If you have any comments on the
project, they can be directed to Mr. Robb Mairs, NC DCM,127 Cardinal Drive Ext., Wilmington, NC, 28405 or
910-796-7423. No comment within 30-days of receipt of this package indicates no objection. I am happy to
answer any questions you may have regarding the enclosed materials and can be reached at 910452-0001.
Sincerely,
;Laura Stasavich
Land Management Group, Inc., agent
cc: Mr. Robb Mairs, NC DCM
RECEIVED
JUL I I, z"'J
RECEIVED
DCM WILMINGI CN, NC .
JUN 27 W6
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington,
NC 28402

LMG
LAND MANAGEMENT GROUP imc,
Environmental Consultants
June 23, 2016
Ms. Katherine Stafford
c/o Mr. Tom Cunningham
1184 Arboretum Drive
Wilmington, NO 28405
RE: Application for Modification of CAMA Major Permit 2-15
317 Bradley Creek Point Road, Mr. Rand Nickerson
Dear Mr. Cunningham,
This letter serves to notify you of proposed construction of a single-family, residential pier within the
riparian corridor of 317 Bradley Creek Point Road. The applicant, Mr. Nickerson, also proposes to dredge a 20'
wide channel from the dock to the Bradley Creek channel.
As an adjacent riparian property owner, you are required by the NC Coastal Area Management Act
(CAMA) permit application process to be notified. A copy of the CAMA permit application (narrative, application
forms and figures) as it has been submitted to the NO DCM is enclosed. If you have any comments on the
project, they can be directed to Mr. Robb Mairs, NO DCM, 127 Cardinal Drive Ext., Wilmington, NC, 28405 or
910-796-7423. No comment within 30-days of receipt of this package indicates no objection. I am happy to
answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001.
Sincerely,
Laura Stasavich
Land Management Group, Inc., agent
cc: Mr. Robb Mairs, NC DCM
RECEIVED
JUL 11 2016
DCM- MHD CITY
RECEIVED
DCM WILIAINGTCN, NC
JUN 2 7 2016
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington,
NC 28402

V3 L.
LMG
LAND MANAGEMENT GROUP mc.
Environmental Consultants
June 23, 2016
Mr. Robb Mairs
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3845
Re: Application for Major Modification of CAMA Major Permit No. 2-15
317 Bradley Creek Point Road (Mr. Rand Nickerson), New Hanover County
Dear Robb,
On behalf of Mr. Rand Nickerson, please find enclosed an application for Major Modification of CAMA Major
Permit No. 2-15. The application requests to reconfigure the single family, residential dock previously approved by
CAMA Permit No. 2-15 with the addition of dredging to Bradley Creek. The dock as currently permitted is located in
waters no deeper than 4 MLW and has not been constructed. Mr. Nickerson purchased the property after the
permit was issued, and the requested modifications would make the dock accessible by a small recreational "run-
about" boat.
Water dependent structures would remain in roughly the same location as previously approved, with the
addition of a boat lift and a floating finger pier along the lift. Dimensions of the previously approved platform and a
floating dock would be slightly revised. Dredging around the floating dock structures and extending to the maintained
channel of Bradley Creek is proposed to a depth of 4' MLW. Additional details are included in the project narrative,
application forms and figures enclosed. Please let us know if you need additional information or clarifications. As
always, thank you for your assistance in review of this application.
Sincerely,
RECEIVED
A�i__
JUL 11 213%
Laura Stasavich
Land Management Group, Inc., agent pirM- MHD CITY
RECEIVED
Encl: CAMA Major Permit application package QCM WILIv11N1` ^ ,1. NC
$400 application fee check
)JUN 27
cc: Mr. Rand Nickerson
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

rrL
NI I ��I �I I� III NIN�IN �
2015016789
FOR REGISTRATION REGISTER OF DEEDS ,
TAMMY THEUSCH BEASLEY
NEW H14NOVER COUNTY, NC
2015 JUN 08 04 0142 PM
BK 5894 PG 2185-2188 FEE $26 00
NC REV STAMP $2,870 00
IMAM I N1501R
NORTH CAROLINA GENERAL WARRANTY DEED
ExclseTax $ a2,Qj?O�'wtvb- _
Parcel Ideonfier No R06300-001-W4-000 Verified by County on the _ day of 20_
Mail/Box to Jeffrey W Porter, Law Office of Jeffrey W Porter PC, 711 Princess Street, Wilmington NC 28401
This instrument was prepared by Law Office of Jeffrey W Porter PC. 711 Princess Street, Wilmininou. NC28401
Brief description for the Index LOT Metes and Bounds, Bradley Creek Point
THIS DEED made this �_ day of N) A-f 20 N by and between
,
Iej"'CRY[61:7
Eugene T Haley and wife,
Di7abethA Haley
1508 Meridian Terrace
Wilmington, NC 28411
GRANTEE
Rand B Nickerson
317 Bradley Creek Point Rd
Wilmington, NC 28403
RECEIVED
JUL 11 Z016
DCM. MHD CITY
Enter in appropriate block for each Grantor and Grantee: name, marling address, and, if appropriate, character of entity, e g
corporation or partnership
The designation Grantor and Grantee as used herein shall include said parties, thew heirs, successors, and assigns, and shall include singular,
plural, masculine, fermmne or neuter as required by context
WTTNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receiptof which is hereby acknowledged, has and by
these presents does grant, bargain, sell and convey unto the Grants in fee simple, all that certain lot, parcel of land or condominium unit
situated in the City of Wilmington Township, New Hanover County,
North Carolina and more particularly described as follows -
The property is commonly known as 317 Bradley Creek Point Road, Wilmington, NC, and is more comfletely described in the
attached Exhibit "A"
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2394 page 0038
All or a portion of the property herein conveyed _2L includes or _ does not include the primary residence of a Grantor
A map showing the above described property is recorded in Plat Book page
Page l of RECEIVED
NC Bar Assoaaeon Pam No 301976 Revised C 1977. 2002, 2013 DCM WILFAINGTC This standeid form has berg approved by
Punted by Agreement mth the NC Har Aswciavon -1981 North Carohm Bar Assaaenon - NC Bar Form No 3
JUN 27 2016

TO HAVE AND TO HOLD the aforesaid lot or parcel of land and allprivileges and appurtenances thereto belonging to the Grantee in fee
simple
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the tight to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever, other than the following exceptions
Restrictive covenants recorded in Book 2394, Page 38, New Hanover County Registry Easements and Restrictions of record 2015 ad
valorem taxes
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first abol written
(Entity Name) p,,7,�,t/Ty ame Rugene T. Haley
BY J9.. . / n —I / _ /
Print/Type Name & Title
By
Prim/lMie Name & Title
By
Pnnt/fype Name & Title
State of NC-
I, the undersigned
- County or City of
Public of the Countv c
execution of the foregoing instrument for the purposes
Moi..s , 2015
My Commission Expires 1L 2-0l 1
(Affix Seal)
Name
(SEAL)
Pnnt/lype Name
(SEAL)
Pnnt/fype Name
and State aforesaid, certify that
t appeared before me this day and acknowledged the due
my hand and Notarial stamp or seal this a1 1 day of
O
A \G 2I 6.4-s %rc- C M- NLg 1 Notary Public
Notary's Printed or Typed Name
State of - County or City of
I, the undersigned Notary Public of the County or City of and State aforesaid, certify that
personally appeared before me this day and acknowledged thedue
execution of the foregoing instrument for the purposes therein expressed Witness my hand and Notarial stamp or seal this —day of
20_
My Commission Expires
(Affix Seal)
State of - County or City of
1, the undersigned Notary Public of the County or City of
Notary Public
Notary's Printed or Typed Name
and State aforesaid, cernfy that
personally came before me this day and acknowledged that
_he is the of —a North Camlma or
corpordtion/hmtted liability company/general partnership/hmited partnership (strike through the
inapplicable), and that by authority duly given and as the act of such entity, _be signed the foregoing instrument in its name on its
behalf as its act and deed Witness my hand and Notarial stamp or seal, this _ day of , 20_
My Commission Expires
(Affix Seal)
NC BM Attocimlim FV No 3 O 1076, Revised ®1977 2002, 2013
Printed by Agmem i mth the NC Bar Assecta im —1981
Public
Notary's Primed or Typed Name
RECEIVED
Page 2 of 2 ACM WILr,.4INGTCN Ni'
Iles naadwd fm has been approved by
J UN 2 7 deco oltaa Bra Assemf. —
REbtMV
JUL 112016
DCM- MHD

EXHIBIT A
BEGINNING at a concrete monument in the southern right-of-way line of Bradley Creek Point
Road, (60.0 foot right-of-way) said monument being South 63 degrees 28 minutes West 5 0 feet
(chord distance) from the northeastern end of curve #13 as shown on the map of Bradley Creek
Point dated November, 1968 by Howard M. Loughlin, Registered Land Surveyor, recorded in
Map Book 10, Page 27 of the New Hanover County Registry; running thence from said
beginning point along the said southern right-of-way line of Bradley Creek Point Road North 63
degrees 28 minutes East 5.0 feet to a point at the northeastern end of curve #13 as shown on
said map; thence continuing along the said southern line of Bradley Creek Point Road North 64
degrees 35 minutes East 118.52 feet to a concrete monument in the said southern line of
Bradley Creek Point Road, the westernmost corner of the Garland B Garrett, Jr. tract, thence
South 28 degrees 04 minutes 30 seconds East 273 68 feet to a concrete monument near the
high water line of Wrightsville Sound, said monument being in the traverse line shown on said
map, said traverse line being more or less along the high water line of Wrightsville Sound;
thence along said traverse line South 47 degrees 51 minutes West 45.98 feet to a concrete
monument on said traverse line; thence continuing along said traverse line South 67 degrees 18
minutes West 113.97 feet to a concrete monument, in said traverse line, said monument being
the easternmost comer of the tract described in deed to Alston W Stafford and wife, Katherine
S Stafford dated October 7, 1971; thence leaving said traverse line North 21 degrees 02
minutes 30 seconds West 281.98 feet to the beginning concrete monument in the said
southern line of Bradley Creek Point Road, said beginning concrete monument also being a
corner of said Stafford tract and being a portion of the property shown on the aforementioned
map of Bradley Creek Point, together with a right-of-way and easement for ingress and egress
over and across all of Bradley Creek Point Road, (a private road) shown on said map Together
with all right, title and interest of the party of the first part to that land between the low water
line of Wrightsville Sound and the aforementioned traverse line, being bounded on the East by
an extension to the South of the eastern line of the above described tract and on the West by
an extension to the South of the western line of the above described tract
SUBJECT TO restrictions described in Book 2394, Page 0039 of the New Hanover County
Registry
RECEIVED
JUL 112016
DCM- MHD " F"
DCM WCEIVED
IL ING CN, Nc
'JUN 2 7 2016

TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 06/08/2015 04:01:42 PM
Book: RE 5894 Page: 2185-2188
Document No.: 2015016789
4 PGS $26.00
NC REAL ESTATE EXCISE TAX- $2,870.00
Recorder- JOHNSON, CAROLYN
State of North Carolina, County of New Hanover
RECEIVED
JUL 11 2016
nCM- MHD CITY
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2015016789*
2015016789
bCM WILE INGTC�q. N,-
IJUN 2 7 2016

From: Daniel Shirley[mailto:[e-mail]
Sent: Monday, June 06, 2016 6:38 PM
To: Rand Nickerson
Subject: Fwd: Nickerson Project
See below...
Sent from my mobile phone
Begin forwarded message:
From: Adam Knierim <adamknierim(a,kmail.com>
Date: June 6, 2016 at 5:42:31 PM EDT
To: Daniel Shirley <daniel _ overbeckmarine.com>
Subject: Fwd: Nickerson Project
Adam C. Knierim, M.S.
President
Maritech, LLC
108 Circle Drive
Hampstead, NC 28443
Mobile - [phone]
Office - [phone]
RECEIVED
JUL 1 1 2016
DCM- MHD 17ITY
RECEIVED
DCM WILMINGTON, NC
Begin forwarded message: JUL 0 5 2016
From: Kristin Lee <kristinlce823(Z4=ail.com>
Date: June 6, 2016 at 4:53:55 PM EDT
To: Adam Knierim <adamknierim(a_ g nail.com>
Subject: Re: Nickerson Project
Adam, you are okay to use the Shore Acres site for dumping. Please just let me
know when you begin and approximately how long it will take. Thanks!
--Kristin Lee
On Jun 6, 2016 3:33 PM, "Adam Knierim" <adamknierim(&�P_mail.com> wrote.
Kris,

Hope all is well. I wanted to touch base on an upcoming project that we have
coming up this Fall. The project is for Rand Nickerson on Bradley Creek and will
consist of dredging approximately 600cy of material. Can we possibly utilize the
Shore Acres site for the project? As usual, an emailed response will suffice for
permitting purposes. Thanks again and hope everything is going well. Talk to
you soon.
Adam C. Knierim, M.S.
President/Coastal Geologist
Maritech, LLC
108 Circle Drive
Hampstead, NC 28443
office 910.270.4058
field 910.297.7710
fax [phone]
Total Control Panel U&
To: Istasavich(allmgrouo.net Remove this sender from my allow list
From: [e-mail]
You received this message because the sender is on your allow fist.
2
r3ECEIVED
DCM WILMINGTON, NC
JUL 0 5 2016
RECEIVED
JUL 112016
DCM- MHD CITY

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: APA W
Fee: $400 #y(i6
CDAITS (/ MHCcc_
Applicant: Mr. Rand Nickerson
Agent/Contractor. LUG, Inc do Laura Stasevich
Project Site County: New Hanover
Staff: Mairs
District: Wilmington
Project Name: MM2-15 (prop o reco ock & peAorm dredging)
Rover File: We
River Basin: Cape Fear
Initial date of application sub al: 6&-2#7-16 '
Date application "received as corn-plWeLortfie Field office:
SITE DESCRIPTION/PERMIT INFORMATION
ORW: ❑Yes No PNA: ❑Yes o
Photos Taken: Yes ❑ No
Setback Required (riparian): ❑Yes Vo
Critical Habitat: Yes ❑No
15 foot waiver obtained: ❑Yes Wo
Hazard otification Returned:
YNotSure
❑Yeslo
SAV: Yes rN o ❑Not Sure
Shell Bottom: Yes No ❑ Not
Temporary Impacts: ❑Yes WINo
Sure
Sandbags: ❑Yes o ❑ Not Sure
Did the land use c ification come
Mitigatio uired (optional):
from county LUP: es ❑No
❑Yes To
Moratorium Conditions:
Environments �A sessment Done:
Length of Shoreline:
[]No ❑NA
❑Yes []No IrA
as
((pti
—Lip—
Shellfish Area Designation:
Project Descri n: (code)
Development Area: (code)
Open -or- 1
©,
SECONDARWATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
❑ High Quality Waters (HQW) 0 Outstanding Resource Waters (OR"
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh oordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
rynosuroides)
❑ (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
(SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE /--:;< -?Q 00
❑ No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
III( public or comm w/ D&F to 1
can be applied - $250
acr nY be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
RECEIVED-
Ll Major development extension request -
II. Public or commercial/no dredge
$100
1 and/or fill - $400
❑ I. Private no dredge and/or fill - $250
❑ 111(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $4W
M

Nickerson, Rand
Date: 6-27-16
Describe belowthe ACTIVITIES thathave been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
8
1
NewWork4ff
Replace
p
Maint ❑
0 Y LyN
i/C•/
New Work
Maint ❑
Replace /
El ZrN
3 2(J
New Work
R lace
Maint ❑
Y N
G
I
/
(
New Work
Reolace
VN
i
Maint❑
New Work kT
ReolMaint
^
2 e157
El
IWY
New Work
Replace/
Maint ❑
❑ Y t—D NN
ZOO 5'
6
r✓
'
New * Iff
a
�3
M
Maint ❑
❑ YLIN
/3
New Wo*j2r
Maint ❑
Replace
Ely 2
/
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
_ restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount
tempimpacts)
amount
ST3
Dredge Fill❑ ..h ❑ Other ❑
!O c2Z9
1+6
Dredge ❑ Fill Both ❑ Other ❑
t3 M
�. LV
Dredge ❑ Fill ❑ Both ❑ Other
'3000
vV
G!
Dredge ❑ Fill ❑ Both ❑ Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
JUL 11 Z016
919-733-2293:: 1-888.4lyeW: talmana ement.nef revised: 10/12/06

MAJOR PERMIT FEE SCHEDULE
317 Bradley Creek Point Road/ $400 #736 / NH Co's
jo
DCM %
DWQ %
Development Ta
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
11. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100%
$400
0%
$0
111. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
or D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
III(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
3490 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
60%
$240
40%
$160
III(D). If General Water Quality Certification No.
3490 see attached cannot be applied:
$400
609%.
$240
40%
$160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
and/or open water areas:
$475
60%
$265
40%
$190
RECEIVED
JUL 11 2016
DCM- MHD CITY

DENR CAMA Daily Check Log for WIRO
Date
Rafe
Deposite
Cheek
Rece/pt or
Recelvetl
tl Check From Name
Name of Permit Holder
Vendor
Chack Number
amount
Permit Number/Comments
Refund(Reallocated
6272016 Rand Nickerson
Rand Nickerson Chase $400.0
ma fee 317 Bradley Creek Point Road NH
.RM rM. 2333D
O
_
W
N O
r
w
a

ki
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
Length
319Ift
N/A
irregular
N/A
N/A
N/A
N/A
Width
avg 20'
N/A
irregular
N/A
N/A
N/A
N/A
Avg. Existing
-2 0' NLW
N/A
-1.0'
N/A
NA
NA
N/A
Depth
Final Project
-4' NLW
N/A
-4' MLW
N/A
NA
NA
N/ A
Depth
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
Estimated 924 cy
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? if any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
Marsh and oysterlshell limits adjacent to the project area have
been field located, and a minimum 10' dredging offset is
included to avoid impact to the resource.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Spoil disposal island on the AIWW approx. 0.5-mile SE of
site. Shores Acres Co. property (R06300-002-003-000)
behind Corps' AIWW_DA_0248.
c. (i) Do you claim title to disposal area?
❑Yes ®No ❑NA
(ii) If no, attach a letter granting permission from the owner
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
❑This section not applicable
b. Type of material to be excavated.
Sands (submerged bottom of Bradley Creek)
d. High -ground excavation in cubic yards.
None
RECEIVED
JUL 112916
DCM- MHD CITY
❑This section not applicable
b. Dimensions of disposal area.
Area within Shore Acres Co. parcel
of approx. 0.3-acres.
d. (i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes, where?
Use of the Shore Acres Co. disposal area may be
requested for future maintenance dredging. Otherwise,
disposal for future maintenance dredging will be
specified by the dredging contractor.
I. (i) Does the disposal in y t
❑Yes ONQ� ,1
(ii) If yes, how ni0 wa t8ia i
JUN 2 7 2016
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 12/26t06

Forth DCM MP-2 (Excavation and Fill, Page 2 of 3)
A
number of square feet affected. N/A
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of disposal in these areas:
N/A
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: _
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material: f. (1) Has there been shoreline erosion during preceding 12
months?
[]Yes []No ❑NA
III) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material. RECEIVED
^ D
Bulkhead backfill Riprap tt _
Breakwater/Sill _ Other _
I. Source of fill material. J U L 11 2016
DCM- MHD CITY
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
IN) Purpose of fill
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV _ ❑SB
❑WL ❑None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion
b. What type of construction equipment will be used (e.g., dragline,
controlled?
backhoe, or hydraulic dredge)?
Excavated material will be dewatered on the barge and placed in
Bucket to barge (clamshell) dredging; pile driver for dock
an existing spoil disposal island with diked containment (per
construction.
contractor).
c. (i) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
N/A
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No [:]NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts. RECEIVED
N/A DCA41n, .4 G \I
'In IF�
252-808-2808 :: 1-888-0RCOAST :: www.nccosstalmanagement.net revised: 12/26/06

317 Bradley Creek
Point Road
i
.y
Adjacent to West:
Stafford .
r jai
� r
i �a9PofeldaieCee h e cE
7
Property Lines- GIS parcel data
Riparian Corridor Limit (approx)
Bradley Creek Channel Edge (approx)
Marsh Grass /Oyster Bed Complex
Edge Coastal Marsh (no shell)
Joint Wetland Limit (approx, mapped)
Approx. NHW (mapped)
Ex. Depth Location (LMG)
Proposed Dredging (-4' MLW final)
Approx. Ex. -4' MLW Contour (LMG)
Dredge Offset from Marsh/Shell (10')
2012 Orthophotograph from NC OneMap
4
Approx. Wetland Limit
Approx. NHW
Adjacent to East:
Diab
Riparian Corridor O
Lima 4C
Q
L
Permitted Structures ,
CAMA #2-15,10/6/15
(not wnstructed) - -
Riparian Corridor
Limit
V
u
(�5
aP'
C Q
Plans are based on publicly available GIS data, including parcel boundaries and aerial photography.
Depths are approximate and were field measured by LMG at an average low tide.
Resource boundaries have been digitized from aerials and were ground-truthed by LMG and N ��++��
Channel edges and depths are approximated for permitting purposes only. Previously permitte=bPeS-a
riparian corridor limits were digitized from approved CAMA Permit #2-15, Sheet 2 of 3, dated 10/15/14.
This is not a survey. JUL 1 ]
Exhl N E ANGTD r
&tM- MHD Ci
XJUN 2 7 ZoI6 0 75 150 300
Project: Date: Revision Date:
17 Wilmington, NC
6/g/2016
LMG u MQop 3Bradley Creek Point Road, - Mr. Rand Nickerson (owner/applicant) Scab: Job Number:
- — — — - E4�� � Title: 1"= 150' 4046-066
3905 Wrightsville Ave., Suite 15 Major Modification CAMA Permit # 2-15 Drawn B
Wilmington, NonhCarolina 0-452-001 Existin Conditions y Sheet:
Telephone: [phone] g DES 3 of 11

%i
Proposed Dredging
A�Ao to Final Depth -4' MLW
�. 10,514 sq.R. area
Approx. 924 cy
Br�q/ey o
Cr
e/
Y Proposed 6' wide Fixed Pier
Approx. 506'total, 471' from NHW
J
z
k
l
s
m
S
0
~r
\S
Proposed 12' x 20' Fixed Gazebo,
12.5' x 14.0' Boat Lift,
4' x 20' Floating Dock (at lift),
6' x 24' Floating Dock (temp tie-up/kayak launch) <.
Plans are based on publicly available GIS data, including parcel boundaries and aerial photography.
Depths are approximate and were field measured by LMG at an average low tide. Proposed Channel Marker
Resource boundaries have been digitized from aerials and were ground-truthed by LMG and NCDCM. LW (6 pilings total)
Riparian boundaries, channel edges, and depths area approximated for permitting purposes only Dredging will tie into ee' AMcha
P 9 P PP P 9 P P Y contour in Bradley Creek channel.
This is not a survey.
Legend
Property Lines- GIS parcel data
Approx. NHW (mapped)
Riparian Corridor Limit (approx) — — —
— — Ex. Depth Location (LMG)
Bradley Creek Channel Edge (approx)
Proposed Dredging (-4' MLW final)
Marsh Grass /Oyster Bed Complex — - -
— Approx. Ex. -4' MLW Contour (LMG)
Edge Coastal Marsh (no shell) — — —
— — — Dredge Offset from Marsh/Shell (10')
Joint Wetland Limit (approx, mapped) — —
— — 2012 Orthophotograph from NC OneMap
—„W—MN—
X
JA
10' Dredge Offset - Min
(from marsh/oyster
resource)
LMG
UHO NANAGEMEMGROVi vc
3e05 W;ghtsville Ave., Suite 15
W lmirgtm, Ngth Camlim 28403
Telephone: [phone]
RECEIVEfS II 1 Lulb
CM WILI:AINGTCN. NCJUN 2 7 2W DCMHD CITY
75 1 300
7 Bradley Creek Point Road, Wilmington, NC 6/9/2016
Mr. Rand Nickerson (owner/applicant) Scek: Job Number:
1"= 150' 40-16-066
Major Modification CAMA Permit # 2-15 Drawn By: Sheet:
Proposed Structures and Dredging LES 4 of 11

M
Approx. Wetland Limit
\ N
\ N _—� Approx. NHW (-211 Ift)
�o
\
*07
Waterward Edge
of Marsh/Oyster \i
Complex \
Waterward Edge
of Marsh/Oyster
Complex
Proposed Channel Marker
(8 pilings total)
Legend
Property Lines- GIS parcel data
Riparian Corridor Limit (approx)
Bradley Creek Channel Edge (approx)
Marsh Grass /Oyster Bed Complex
Edge Coastal Marsh (no shell)
Joint Wetland Limit (approx, mapped)
\
Waterward Edge
of Marsh
�— Waterward Edge
of Marsh/Oyster `
Complex `
0 50 100 200
Approx. NHW (mapped)
Ex. Depth Location (LMG)
Proposed Dredging (4' MLW final)
Approx. Ex. -4' MLW Contour (LMG)
Dredge Offset from Marsh/Shell (10')
HW _ HW
X
♦ O �
♦ eo
Stairs \
to Ground
Surface
♦
\
\ 1A�
♦ 'CA \
Boat Lift
\
\
\
\
\
\
\
Waterward Edge vv
of Marsh/Oyster \
Complex
Proposed fixed platform, floating finger
at lift, and floating dock total 481 sq.ft. of
\ 1 dock area. Shoreline = - 211 Ift.
1
11 Fixed Gazebo
w 1�
a 1
2d "d
4' x 20' Ramp
�1 ?
(P 8' x 24' Floating Dock
(transient tie-up; kayak launch)
26
RFIVE
t Waterward Edge
♦ of Marsh
JUL 11 20%
soft ORDCM- MHD
CITY
AllitWaterward Edge %,
of Marsh/Oyster Proposed Channel Marker so_ RECEI ED
Complex (8 pilings total) toL(,q)N T '�
41 DCtJC�, ,
�f ftajU� 21 2
0 20 4 0 '
Plans are based on publicly available GIS data, including parcel boundaries and aerial photography.
Depths are approximate and were field measured by LMG at an average low tide.
Resource boundaries have been digitized from aerials and were ground-truthed by LMG and NCDCM.
Riparian boundaries, channel edges, and depths are approximated for permitting purposes only.
This is not a survey.

�2z• �
c\ X \
11 2-
t`
10' Dredge Offset
(from marsh/oystej �A�
resource
Proposed Dredging
to Final Depth -4' MLW
10,514 sq.ft. area
Approx. 924 cy
Access Channel
20' x 330'
-1' 4•---.x
Proposed Channel Marker
(8 pilings total)
Dredging will tie into -4' MLW
contour in Bradley Creek channel.
Legend
Property Lines- GIS parcel data
Riparian Corridor Limit (approx)
Bradley Creek Channel Edge (approx)
Marsh Grass /Oyster Bed Complex
Edge Coastal Marsh (no shell)
Joint Wetland Limit (approx, mapped)
2-
1 \ ,
t \
t 1 10' Dredge Offset \
IV- F(from marsh/oyster \
resource) \
4W'�Sft
—
aft
10' Dredge Offset -1 8"— ♦
s• (from marsh/oyster ♦ \
resource) -2
I ��\ ,
_2- 2„
Approx. NHW (mapped)
Ex. Depth Location (LMG)
Proposed Dredging (-4' MLW final)
Approx. Ex. 4' MLW Contour (LMG)
Dredge Offset from Marsh/Shell (10')
iEt
, V ECD
ULI\A WIL
INGTON,
1
1 2016
Plans are based on publicly available GIS data, including parcel boundaries and aerial photography.
Depths are approximate and were field measured by LMG at an average low tide.
Resource boundaries have been digitized from aerials and were ground-truthed by LMG and NCDCM.
Riparian boundaries, channel edges, and depths are approximated for permitting purposes only.
This is not a survey.

Box Cut
All dredging to be a minimum of 10' from marsh and/or shell edge.
3805 Wrightsville Ave., Suite 15
Nlmington, NWh Car ,na28403
Telephone: [phone]
Bradley Creek Point Road, Wilmington, NC
Mr. Rand Nickerson (owner/applicant)
Major Modification CAMA Permit # 2-15
Typical Cross Section (Channel)
IECEIVED
JUL 112016
DCM- MHD C
RECEIVED
DCM WILIAINGTCN, NC
JUN 2 7 2016
6/9/2016
V = 6' 1 40-16-066
LES _ 7 of 11

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Mi6L. 4,
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a
Approx. Location
Proposed Dredging
Subject Property
(Approx. Location)
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2016
p CITY

4
k
Subject Property
(Approx. Location)
Approx. Location
Proposed Dredging
Aerial photograph downloaded from New Hanover County GIS data.
LMG
UND MANAGEMENT
Fnvironm—r Con, "'i ...
3B05 Wrightsville Ave., Suite 15
6wmington, North Carolina 28403
Telephone: [phone]
0 I
Bradley Creek Point Road, Wilmington, NC &9/2016
Mr. Rand Nickerson (owner/applicant) Scale: Job Number:
nts RECEIV ED 40-16-0
Major Modification CAMA Permit # 2-15 Drawn —
Aerial Photograph 1966 heel: g of 11
ANI

3
Project: Date: Revision Date:
Aerial photograph downloaded from New Hanover County GIS data. LMG 317 Bradley Creek Point Road, Wilmington, NC 6/9/2016
ueurowx UDTGRO� .. Mr. Rand Nickerson (owner/applicant)
E�.,,a.m..,o, �o�,� Scale: Job Number
Title: nts 40-16-066
asps Mghtsvllle Ave., Sire 15 Major Modification CAMA Permit # 2-15 Drawn By:
Mir nelan NwihCarohm28403 Aerial Photograph 1981 Sheet:
TelWh. 910-452-OMI 10 Of 11

Subject Property
(Approx.Location)
Approx. Location
Proposed Dredging
Aerial photograph downloaded from New Hanover County GIS data.
ECEI
JUL 11
DCM- MH'
t
Project:
LMG 317 Bradley Creek Point Road, Wilmington, NC
�.u,o a.uucsMexr cxow ,. Mr. Rand Nickerson (owner/applicant)
3905 Wnghte9vllle Ave., suite 15 Major Modification CAMA Permit # 2-15
vlmington, NOnh Cadine%, Aerial Photograph 2002
Teleohone'. 910-452-OMI
6/g/2016
4
N,4006-066

lk-
-2' 2"
10' Dredge Offset
(from marsh/oyster
resource)
Proposed Dredging
to Final Depth -4' MLW
10,514 sq.ft. area
Approx. 924 cy
Access Channel
20' x 330'
C_,, 4.,�.x
Proposed Channel Marker
A (8 pilings total)
-7'; r rl
_,, s„ -6'
Dredging will tie into -4' MLW
contour in Bradley Creek channel.
Legend
Property Lines- GIS parcel data
Riparian Corridor Limit (approx) - - - - -
Bradley Creek Channel Edge (approx)
Marsh Grass /Oyster Bed Complex — - - —
Edge Coastal Marsh (no shell) - - - - - -
N
Jt
f 1 \
1
\ 1 10' Dredge Offset \
°= (from marsh/oyster \
resource)
1 T \
--4ft
`� ,
5gq 00`
♦,`
A'
10' Dredge Offset
B• (from marsh/oyster
resource) _2, 0 ftr 4%
_2, 2"
` \
06.
\
I �
I ,
X. ' 8 I
2,
_2, s„ �\
Approx. NHW (mapped)
Ex. Depth Location (LMG)
Proposed Dredging (-4' MLW final)
Approx. Ex. 4' MLW Contour (LMG)
Dredge Offset from Marsh/Shell (10')
- HW-
X HW
V 0 lb/
El
—••Rn_ MH154C
Plans are based on publicly available GIS data, including ®' D p y g parcel boundaries an aerial photography.
Depths are approximate and were field measured by LMG at an average low tide.
Resource boundaries have been digitized from aerials and were ground-truthed by LMG and NCDCM.
Riparian boundaries, channel edges, and depths are approximated for permitting purposes only.
This is not a survey.
LECEIVED
IILt.IIINGTON, t
N 2 7 2016
Joint Wetland Limit (approx, mapped) - - - -