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HomeMy WebLinkAbout99-22 Wiest, KurtPermit Class AMENDED STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V er M t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kurt and Nicole Wiest, 167 Big Hammock Point Rd., Sneads Ferry, NC 28460 Permit Number 99-22 Authorizing development in Onslow County at adj. to Chadwick Bay, at 167 Big Hammock Point Rd., in Sneads Ferry , as requested in the permittee's application dated 3/28/22 MP-1 and 4/4/22 (MP-4), including attached workplan drawings (3), Pages 1-3 of 3 all dated "Rev 4/5/22". This permit, issued on October 3, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation )t tnese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, the docking facility shall be constructed to allow the terminal end of the facility, from the finger piers waterward, to be elevated a minimum of 6 feet above substrate. 2) This permit authorizes only the covered platform and boat lift, piers, 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. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on October 3, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Kurt and Nicole Wiest ADDITIONAL CONDITIONS Permit No. 99-22 Page 2 of 4 3) The waterward edge of the authorized docking facility shall be staked by the permittee prior to the start of the dock construction and the permittee shall contact the appropriate DCM Field Representative for an inspection to verify the authorized dock length and distance from normal high water. The stake shall remain in place for the duration of the construction project. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged 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. 5) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed five (5) feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 6) The authorized pier spanning the navigable shore parallel slough shall provide a minimum vertical navigational clearance of 6 feet, as measured from the normal high-water level to the lowest portion of the pier structure. The authorized pier shall provide a minimum horizontal navigational clearance of 14 feet. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) This permit authorizes a maximum of one (1) formalized boat slip. 9) The footprint of the covered boatlift shall not exceed the dimensions on the authorized workplans. 10) The authorized covered boatlift shall be single story, and shall not be designed to allow for second story use. 11) The authorized covered platform shall not be enclosed. 12) The roof of the covered platform shall not be designed for second story use. 13) 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. 14) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Kurt and Nicole Wiest ADDITIONAL CONDITIONS Permit No. 99-22 Page 3 of 4 15) Prior to initiation of construction of the docking facilities, the permittee shall contact a representative from the Division of Coastal Management at (252) 515-5400 and arrange for an on -site meeting with a Division representative and the shellfish franchise holder. At this meeting, the applicant shall allow the franchise holder the opportunity to mark a navigation route from the end of the pier to the outer edge of the franchise. These navigation routes shall be marked with PVC pipe extending at least three feet above the NHW line. The pipes shall remain in place for the life of the permitted docks, unless removal of the pipes is specifically requested by the shellfish franchise holder. The permittee shall also take measures to ensure that all future users of this docking facility is aware of the location and proper use of these navigational routes. 16) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. 17) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. USACE Conditions 20) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf. General 21) 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. 22) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. klL_--j Kurt and Nicole Wiest Permit No. 99-22 Page 4 of 4 ADDITIONAL CONDITIONS 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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-01447). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 005100 and assigned the project DWR Project No. 2005-0821 v2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New Y Major Mod ______ Permit# Minor Mod Permit Coordinator: —6-0dPa Field RepresentativeMR�CY— Date/Time LQ-Ja�1aa 66A(2z "(W GpQI; J;ems hi(oP�Mc, Renewal Transfer Message O fib( l wtp Cowty cu, %s -1 NFU uu1 GG���'��r�,w n<S 6 ��w � l�' G't �*a ^ t� Off l,ea,`'� . It -a u 40 1G�s �O G city. 1 ( P P �" «� (c ,Noa(d 6c rA�u� a�.r qlo bz Piu �"' J"kJAeS 40 5�' QkP- kt( CYUn� p�C �wtpi�ld OF tot'l,Iwti� CW R47 DCM Coordinator: 30-o Permit #• (— ZZ Permittee: ,,+A 4«�_ WZ>%f DCM Field Offices (v7&'�,Ak.-wekP%R<4 Elizabeth City / ! Washington with revis ork pllanndra vi gs) Morehead City 4 a G+— Wilmington S / " _ v ) J.t0A;I' US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (tjrteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov lo Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivo Clif Whitfield (WARO) Jimmy Harrison Washington: Chris Pullinger-401 TBD - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snidol (Pender, Brunswick, New Hanover) Eby — 401 (Onslow, Carteret) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler LPO: Q55WA;e �c7Ce�7 (NCDOT) Travis Wilson 11CM MP-1 APPLICATION for Major Development Permit (last rovl"d 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant LmcADwnw Inlormatlon Business Name Project Name (,l applicable) Kurt And Nicole Wiest 167 Big Hammock Point Pier/Dock Applicant P Fast Name MI Lest Name Kurt M Wiest ApPliunt 2: Fog Name MI Last Name Nicole L Levine #additional apphconlit please attach an add'l/onal pages) wim neniea asked Mailing Address PO Box city Stab 167 Big Hammock Point Road Sneads Ferry NC ZIP Country Phone No FAX No, 28460 215.682. 7282 ext. Street Address fit d ferent from above) City Slate ZIP Email 2 AgenNCon&wtor lrrlonnatlon Business Name Pfl Construction Agent/ Contractor 1: First Name MI Last Name Josh Barber Agent/ Contractor 2: First Name MI Last Name Ryley Barber Mailing Address Po Box City state 135 Virginia Lane Sneads Ferry NC ZIP Phone No. 1 Phone No 2 28460 810 - 330 - 5568 ext. FAX No. Contractor# Street Address (d df/erent from above) City State ZIP Email pflmanne@gmail.com <Form continues on back> RECEIVED �22 352-e 062806 .. 1880-4 RCOAaT :: ww w.nc tali atalm#nape mant.ne DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Proywit Lo"u0n County (can be mul pbi Sliest Address Stall Rd. a Onslow 167 Big Hammock Point Road Subdivision Name _ Clly Stab zip Pelican Point Snesds Ferry INC 28480 - Phone No Lot No (at fit many, aaadr adddionel page with esf) 215 - 692 - 7282 ext a. In which NC river basil is the project located? G Is the water body demlrled in (b) above, natural or manmade+ ®Natural 010larmade DUnknown e. Is proposed work within city limns or planning jurisdiction? ❑Yes ®No b Name of body of water nearest to proposed project CHadwick Bay it Name the closest major water body to the proposed Project Bile. Chadwick Bay f It applicable, list the planning jurisdiction or oty hma the Proposed work falls within 4. Site D"crlption a Total length of shoreline on the Tract (it) b. Sure of entire trad (s4 h ) 117 34,793 c. Sue of individual Id(s) it Approximate elevation of tract above NHW (normal high wares or NA, NWL(normal water lev f) (If many lot sires. please attach adddanal page with a list) 18 ®NHW or 0NWL e. Vegetation on tract The land transistions from ornamental grasses and then to coastal wel lands along the waterward section of the property f. Man-made features and uses now on tract Single Family Residence with two driveways in the front of the home, —1202 elevated deck and—1608 ground level covered sitting area It. Identify and describe the existing land uses adocenl to the proposed project site. residential on each side ajcent, shellfish lease in bay h. How does local government zone the tract? i Is the proposed project consistent with the applicable zorlap? residential (Attach zoning compliance certificate, it applicable) ®Yes []No ONA 1. Is the proposed activity part of an urban waterfront redevelopment proposal? DYes ®No It, Has a professional archaeological assessment been done for the trap? If yes. Sloth a copy. ElYes []No ®NA If yes, by whom? I, Is the proposed project located m a National Registered Historic District or does it Involve a OYes ❑No ®NA National Register listed or eligible property? <Form continues on next palil RECEIVED 252-80e-2809 .. 1-889-411C0AST .. www.nccoastalmanaqvment.net jUN 7 2022 DCM-MHD CITY Form DCM MP- I (['alto J of 4) In 01 Are Crew "hands on thrt sea/ p0 Are there coastal wetlands on the silo? (I'll If yes In eahel to or (11) above flat a klehnealmn been cooducled? (Attach carlmrerrafxn. it avadaDb) n Describe existing wastewater teatment facildles public o Describe existing drakng water supply source public If Desclate exlsling storm water management or treatment systems surface runoff APPLICATION lot Major Development Pemul OYn [)No )Y- I IN. IXo l)tb, �w Cai/�-Il-z1 6 Activities and impacts - - a W11 the project be for commercial, P.M. or pmvate use? OCemmerclal OPubhoCovernmera OPovate/Communry b G1ve a Duel tleacrlpbon of puryox, use, and daily operatwns of the Oroject when complete fishing, paddel boards, silting c. Describe the proposed construction methodology. types of construction equipment lobe used oaring construction, the number of each type of equipment and wham 4 is to be stored. A floating barge stored at the property during construction d LmI all development actwales you propose We will be building a dock (5'x274') with a 12'xl2' covered sitting area and an 8'X12' open area upfront. There will be a 14'x24' covered boat slip. Dock will be constructed using round marine treated pilings, 2x6 stringers and joists. 2x8 girders double bolted with 518" galvanized bolts. The dock will be decked with gray, ThruFlow decking and secured with 316 grade stainless steel screws. There will be a 3' wide finger pier around the perimeter of the covered slip. a. Am the proposed activities maintenance of an existing project, new work. or both? New work f What a the approximate total disturbed land area resulting from the proposed project? NA OSq.Ft or OAcres g. N4II the proposed project encroach on any public easement. public accernamy or other ama OYes ONO ®NA thel the public has established use oP h. Describe location and type of existing and proposed discharges to waters of the stale NA I. Will wastewater or stomwmter be discharged into a wetland? OYes ONO ®NA If yes, will this discharged water be of the same uluaty, as the mcemng water? OYes ONO ®NA j. le there any mitigation proposed? Oyes ONO ®NA If yes, attach a mitigation proposal RECEIrill M JUN 17 2022 252-808-2808 .. 1-SS8-4RCOAST .. www.nccoastalmanagement.nel DCM-MHD CITY Form DCM It I (Page 4 of 4) <Form continues on back> APPLICATION for Major Development Permit A. AddldonallnfonnaUon In addition to firm cvomplated appAca(mn 1wrn. IMP 1) the followakl rloms below d nlrpAcablo. must be submdbd car order for the applicnfen pecAa0e fo Ire c[wrarNRn lhml! (a) — (1) am aAwlys ll(ylfe;ratuh, Irl rIIIY InlllrN rlaVllNl(Nrlprll 111MIINarlttllr Pkursa consua Ili. nlyxrcahon aubrrchon booAlel on bow to property prepare the mourned Moms below a A project narrative -�- b An accurate dated yolk plat (including plan view and cross -sectional drawings) drawn to scale Please give the present status of the proposal piojeel Is any portion already canpbtee If previously authorized work, clearly Indicale on maps. plats, drawings to distinguish between work completed and proposed e A sae of li W— on map That m suffimmIV del aced to gurda agency personnel urdammar wtlh the area to the sae 0 A copy of ilia kbetl (cosh stale application only) or other instrument antler which the applicant Gams lab to the affected Properties. e. The appropriate application fee Check or money order made payable to DENR 1. A hat of the names and complele 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 mad Such landowners must be advised that they have 30 days in which 10 submit comments on the proposed protect to the Division of Coastal Management Name Kant Pbchosk, Phone No. 919-4427.7126 Address 185 Big Hammock Point Road Snoods Ferry Name Greg Deem rtnous Phone No. 919-520-5251 Address 169 Big Hammock Point Road Snesds retry Name Brian Shepard Phone No. 910-327.1231 Address lease area in Chadwick Bay 9 A let of previous state or federal permits Issued for work on the order trap Include perms numbers, yermmee, and Issuing dates. NA h. Signed consultant or pent aulhodurtlen tem. a applicable. I. Weiland delineation, if necessary j. A signed AEC hoard police for projects in oceanfront and inlet areasfMusf be sowed bypropedy owner) it A statement of compliance with the N C. Environmental Policy Act (N.C.G.S. 113A 1.10), d rreceseary If the project involves expenditure of public funds or use of public lands. after a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to [his application will allow only the development described in the application. The project will be subject to the wnditions and restrictions contained in the permit. I certify that 1 am authorized to grant, and do in fact grant permission to representatives of stale and federal review agenres to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3126/2022 Print Name _Kurt M Wiest Please indicate application attachments pertaining to our proposed project. RECEIVED pDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP4 Structures Information JUN 17 2022 .)Ch'A- A, uD CITY 252-806.2805 .. 1-688.4RCOAST :. www.ncereaatalmanagement. not Form DCM MP-4 STRUCTURES (Construction within Public Truitt Arens) Allan Is this lane In Joint Alg)bcation his t ANIA Utjnt Punint I mn W LI 'Al'-1 Be sure to compinln all other sections of the Joint Application that mlalo to lids plops)„•,I 1 Ins hldi, , ill .ilpldl•monlal information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the dockm9Lxsaly/manna OConmerclal OPutAIc)Govunnnlnd OPnvalu/Cmununsty C. (1) Docks) andlor pler(s) (It) Number 1 (IN) Length -286' (iv) Width 55 M Floating OYes ONO O This soctron not applicable a b) Wie the facility be open to the general pueac•r Oyes ONO it (I) Are Finger Piers Included? ®Yes ONO If yes: (it) Number a (in) Length 24' and 17' (iv) Width 3 and 3 IV) Floating OYes ®No Is it) Are Platfomrs included? ®Yes ONO If yes: (Ill Number z �6 •,�a� ��. n /9 'w r3 (ill) Length ^ ' L OV tr• / X hddqq (iv) Wldlh 16' and 18' (partially covered) J (v) Floating OYes ONO Note: Roofed areas are calculated from dnplrne dimensions. g. (1) Number of slips proposed 1 (it) Number of slips existing 0 I. Check the proposed type W stain: ❑ Land tut and access channel 00pen water, dredging for basin and/or channel ®Open water; no dredging required 00ther, please describe. is Typical boat length: 18 In. (i) WIII the facility have tie pilings? OYes ONO (ii�) qIff yes number of tie pilings? JL I. (i) Are Boattiss Included? ®Yes ONO If yes'. (if) Number 1 (in) Length 17 (iv) Width 12 Is. Check all the types Of services to be provided. ❑ Full service, including travel I18 andlor rail, repair or maintenance service 0 Dockage, fuel, and manna supplies ❑ Dockage (-wet slips') only, number of slips. ❑ Dry storage; number of boats: 0 Boat ramp(s): number of boat ramps: 0 Other, please describe: Private docking I. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). 2 12' Paddler Boards 2 vamaha wave runners; possibly a -12' Kayak I. 1) Will the facility be open to the general public? OYes ONO RECEIVED JUN 17 2022 nGM M14D 252-808-2808:: 1.8884RCOAST ; www.nccoastalmanagement.net revised: 12 27 06 Fwrn DCM UP-4 s••,. isi r a Wte 2 OOCXW FACILMAKA011011A OPERATIONS k lgsCMW atMok=* a ON" Q:9 of to tiG7n; tamcr. :a�enea tal .M _e rv.V.+: r' re 0 OtAQ ' aro 0 _3"" 17 �X. •ar x _ sn• te:fd Sr vil 5rarxrdr, •rr cu-cn.r i.t •.ce at rxae<r 4xe .'..earSb natrert •r:e a'+G ]soda bma tram wrier. . art. !.A OescOe re 2sooaa of s .rase, hr oha aN fair NA _ •w tro ar�.r-ar_ Ss�a-� _r sea�e Y xa x �xsa:' NA e :. C.�e C+a IOCit.On and ^u'noV Ot'Nc Se.s;e Psi a; sc> roc\�sed NA of 1�urryw. 1. A,iPahe-s¢'s c-=Cc ' appkabie. sor Wrf&mV ects" tyre PD"n'j 5✓.:. a3 :1i^: 53'A71aS' 1--- n3�'2 3'_ NA :2-; 2.r-' : :\'-: ^� g Where .; "-- _'_ -. .essa mantartance lx aaposea M NA - is 1-.e number of cra -e -a • e•s and -No Wake' sgns proposed None _ . - .-e :ocacon cr f,;; � z-: -;',: '.es. and desrnbe the satMY rttsaslres planned ro protect aroa watr auan NA 1"t mil oe me manna poitcy on ovemght and live -aboard dockage> NA k Describe design measures that promote boat basin flushing? NA 1 If this prolecl is an expansion of an existing manna, what types of semces are currently provided? NA m Is the manna/docking facility proposed mthm a primary or secondary nursery area? Dyes ONO RECEIVED ,JUN 17 2022 252.808-2508:: 1�8884RCOA5T:: www.nceoastalmanagement.net D ITT-NtHD,CITY Fofln DCM MP-4 (Structures, Pago 1 of 4) n Is lib mannardpiup facky, proposed wilhln w Ioy+x rml to any shcllfi`11 hluver" W"? SYee ONO Is the mi onakfo'king hrildy looposed wnllin ur ala,xent In coastal wetlaldshnarsh (CW), slbnargod aµralic vsgelalm (SAV)• sfles ballom (Se), or othel wi llands (WL17 It ally tko.-s aiv t harked, 1novide 0xl murmur of Squats hlul allodrxf OWL ANunu p Is tho proposed nl.nnl,i.� kickilg twllily klcnlM swtNn or mthln closo pradmity to any shellfish leases? ®Yes ❑No If yes, give the name mid address of the leaselwklegs). and give the Proximity to the lease New nvor nols Brian Shepard The end of the proposed pier is aproximanity 40' film marked franchise PVC pipe Brian Shepard 140 Charles Creek Road Snoads Ferry NC 28460 3. BOATHOUSE (Including covered lifts) ❑This section not applicable a. (1) Is the boathouse structures): ❑Commercial ❑PubIIHGovernmenl OPdvate/Communily pi) Number 1 Qs)Length 25' (iv) Width IV Able: Rooted areas are calculated from dnphne dimensions. 4. GROIN (e.g., wood. sheetpile, etc. If a rock grain, use MP-Z Excavation and Fig.) ® This section not applicable a. (i) Number (ii)Lergth (w) Width 5. BREAKWATER (e.g., wood, sheetpib, etc.) ®This section not applicable a. Length _ b. Avwagedistancefran NNW,NWL.kxsretlands C. Maximum distance beyond NNW, NWL oxwetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s) : b. Number 0 ❑Commercial ❑PubhcJGovemmeM ❑Pdvalo/Commundy c. Distance to be placed beyond shoreline it Description of buoy (color. InsmPrlon. size, anchor. etc I Note: This should be measured lmm marsh edge, dpresent. e. Arc of the swing T[cnir-livsD JUN 1 'I 2022 7. GENERAL C1f�( Dcm. Wit) 252.808-2808 :: 7.888-4RCOA5T :: wwwmccoastalmanagement.nel revised: 12 27.06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structures) to adjacent riparian property lines 29b' West and 34.60' East a;l `W 35/,E Note: For buoy or rrporeff pang, use arc of sweg reducing length ofvessef c. Width of water body -1500 e. (i) Will navigational ads be required as a result of the project? Oyes ®No ®NA (if) If yes, explain what type and him they will be implemented b. Proximity of slruclure(s) to adjacent docking facilities. -426' d Water depth at walerward end of structure at NLW or NWL 1.92 to 2.0 NLW 18. OTHER ❑This section not applicable a. Givecornpletedescnption'. We will be building a dock (5'x274'5'x286') with a 14'xl4' (inGudes a 1' roof overhang) covered sitting area and a 8'x8' open area up front (8'x8' ff not calulating the 5' wide pier walkway). There will be a 14'x23' covered boat slip (16'x25' includes a 1' roof overhang) . A bridge will be added at -236' mark of the walkway to clear 14' of the ditch, bidge will be built in such a way to to be at least 6 feet over the ditch at NHW (9'). Dock will be constructed using round marine treated pilings, 2x6 strangers and joists, 2x8 girders double bolted with 5/8' galvanized bolts. The dock will be decked with gray Thrul'im decking and secured with 316 grade stainless steel screws. There will be a 3' wide finger pier around the perimeter of the covered slip. 4/04/2022 Dale Wiest Pier 167 Big hammock point Road Project Name Kurt Wiest Applicant Name 252-808.2808 :: 1-88"RCOAl :: www.nccoastalmanagemont.not Ll RECEIVED JUN 17-2022 DCM-MHD CITY revised: 12 27 06 ROY COOPER Covemor ELIZABETH S._B_ISER Secretary BRAXTON DAVIS Director Mr. Brian Shepard 140 Charles Creek Rd. Sneads Ferry, NC 28460 Dear Mr. Shepard, September 27, 2022 Sent by email to salesAnewrivernets.com This letter is intended to notify you of the issuance of a CAMA Major Permit No. 99-22 for proposed development by Kurt and Nicole Wiest, located at 167 Big Hammock Point Rd., in Sneads Ferry, Onslow County. The authorized project consists of the construction of a one slip docking facility. The proposed project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit modification for reference. I would like to bring you attention to Condition No. 15 of the authorized Major Permit as it relates to concerns regarding navigation and your oyster franchise. If you wish to contest our decision to issue this permit, you may file a request for a Third -Party Appeal pursuant to N.C.G.S. 113A-121.I(b). The Chair of the Coastal Resources Commission will consider the case and determine whether to grant your request to file a Contested Case Hearing in the Office of Administrative Hearings. The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. More information about this process as well as the forms are available on DCM's website, here: httr)s://deg.ne.gov/about/divisions/coastal- manaeement/coastal-mana eg ment-permits/variances-appeals If you would like to discuss the specifics of the process, please feel free to contact DCM legal counsel DEQ Asst. General Counsel Christine Goebel by email at Christine. og ebel@ncdenr.eov Sincerely, Gregg Bodnar Assistant Major Permits Coordinator CC: DCM Wilmington, via email DEQ Asst. GC Christine Goebel, via email North Caralma-0epartment of Environmental Quality I Division of Coastal Management Morehead City Office'I 400 Commerce Avenue l.-Moorehead.Clty,North Carolina 2855T .+unx, uT2.7iM1 252.808.2808 From: Bodnar. Greaa To: sales(lanewrivemets.com Cc: Wevchert. Curtis R; Stvron. Heather M. Goebel, Christine A Subject: CAMA Permit Issuance for Kurt and Nicole Wiest Date: Tuesday, September 27, 2022 2:18:00 PM Attachments: Kurt & Nicole Wiest (Sheoard).Ddf 99-22 Kurt & Nicole Wiest.odf imaoe001.ono 1mace002.Dna Afternoon Mr. Shepard, Please see above for notification and issuance of CAMA Permit No. 99-22 to Kurt and Nicole Wiest. Mr. Wiest, in coordination with DCM, will be in contact concerning navigation of the oyster franchise, as detailed in the above permit. Regards, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G reU. Bod n a r0 n cd e n n eov Find a Field Rep-Cgis.coml fl0nll10A17[.>IJrJ DW Q�� DopartMmt of Environmental Dualtly Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Microsoft Outlook To: sales(Mnewrivemets.com Subject: Relayed: CAMA Permit Issuance for Kurt and Nicole Wiest Date: Tuesday, September 27, 2022 2:18:39 PM Attachments: CAMA Penult Issuance for Kurt and Nicole Wiest.msa Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination sorer: sales@newrivemets.com (sales@newrivemets.wm) <maiho:salcs@newrivemets.wm> Subject: CAMA Permit issuance for Kurt and Nicole Wiest Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, September 15, 2022 9:23 AM To: Harding, Kimberlee k; Dunn, Maria T.; Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> (Sarah.E.Hair@usace.army.mil); Perry, John M Cc: Weychert, Curtis R; Styron, Heather M. Subject: Wiest Morning all, In A&M conversations with the applicant and DMF the applicant has agreed to make the terminal end of the pier, from the finger piers waterward, 6 ft above NHW. The applicant will be ramping up to the 6ft somewhere waterward of the slough. This ramping up will be determined by the contractor and any safety concerns to minimize excessive ramping or requiring steps to achieve the height above NHW. Therefore it is difficult to adjust the workplans to reflect this change. DCM will be conditioning this change in any final decision that results in a permit issued. Thanks, Gregg Gregg Bodnar(he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov Find a Field Rep (arcgis.com) D_EQ�NORTH CAROLINA DepaNnent of Environmental Duality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Bodnar, Greg From: Bodnar, Gregg Sent: Monday, September 12, 2022 8:09 AM To: Cannon, Amanda J; Sammie Rogers; Austin Brinkley, Christenbury, Mike; Liz Hair, Zeigler, Mark D; DCR - Environmental_Review, Cox, Heidi; Harding, Kimberlee k; Harrison, James A; Harris, David B; Jenkins, Shannon; Gupton, Sharon; Walton, Tim; Moser, Mike, Hilliard, Wanda; Montalvo, Sheri A, Perry, John M; Snider, Holley, Sams, Dan; Hall, Christine; Dunn, Maria T.; Butler, Rodney A Cc: Weychert, Curtis R; Styron, Heather M. Subject: RE: New CAMA Major Permit Application - Wiest Attachments: Kurt Wiest.pdf Morning all, Please see above for updated drawings after avoidance and minimization efforts by the applicant. In summary the boat house was reduced, the applicant will be using decking that will allow sunlight to pass through and the overall structure has been elevated by 1.5 feet. Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) GreRR.Bodnar@ncdenr.gov Find a Field Rep (arcais.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Tuesday, June 28, 2022 10:52 AM To: Sammie Rogers <Sammie_Rogers@onslowcountync.gov>; Austin Brinkley <Austin_Brinkley@onslowcountync.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; Liz Hair <sarah.e.hair@usace.army.mil>; Zeigler, Mark D <mzeigler@commerce.nc.gov>; DCR - Environmental_ Review <Environmental.Review@ncdcr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.jenkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moser@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Perry, John M <John.Perry@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwiidlife.org>; Butler, Rodney A <Rodney.Butler@ncdcr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Styron, Heather M. <heather.m.styron @ ncdenr.gov> Subject: New LAMA Major Permit Application - Wiest Hello All! Please accept this correspondence as the official distribution of CAMA application from Kurt Wiest in Sneads Ferry, Onslow County. Attachments include Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature: *RETURN TO GREGG BODNAR at greee.bodnar(a)ncdcnr.eov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Gregg Bodnar at gregg.bodnar@ncdenr.gov or (252) 515-5416. Thank you! Amanda Cannon N Permit Support Coordinator, Division ojCoastalManagement North Carolina Department of Environmental Quality 252.515.5406 (Office) Anianda.caiinon@ncdenr.gov �rtd Ltirr.c:(:iartiry tnm•! frmr Ozs:rU Y� , ea tur!fC^.! .o o?' �V,.rSfe Gvara f-1f,�tr.Ydr•cnrLe Gry a-a7 Click HERE to Find the DCM Field Rep in your CAMA region. From: Bodnar. Greco To: Kurt Wiert Subject: RE: [External] Re: DCM contact info Date: Thursday, September 1, 2022 8:48:00 AM Understood. I will let you know what comes of any response. In addition, please accept this email as notification that the project has been extended. The 150 day is now 11/14/22. 1 hope that the project will not take that long, as average projects are taking about 100-120 days at this time. I will keep you in the loop if anything of note comes in. Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg.Bod na ri ftcdenr.¢ov Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kurt Wiest <kurtmwiest@me.com> Sent: Thursday, September 1, 2022 7:55 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: Re: [External] Re: DCM contact info CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to &port cam. OK sounds good I already sent an email to my CADD guy so I should have them completed in the next day or two Kurt Wiest Cell: 215-692-7282 On Sep 1, 2022, at 7:52 AM, Bodnar, Gregg <gregg.hodnar ricdennizov> wrote: Let me check in with USACE before you update plans. Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bod nar(W ricdenr.gov OUTT .W"jo Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kurt Wiest<kurtmwiest(@me.com> Sent: Wednesday, August 31, 2022 4:20 PM To: Bodnar, Gregg <greee.bodnar(dncdenr.eov> Subject: Re: [External] Re: DCM contact info CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. OK that's great news, if it's OK I would like to make sure there are no other comments because I have to pay a cad person to make the changes? Do you think this will be the last of the changes? Kurt Wiest Cell: 215-692-7282 On Aug 31, 2022, at 1:26 PM, Bodnar, Gregg <grr=pe bodnarPncdenr.eov> wrote: Afternoon Mr. Wiest, DCM has accepted your avoidance and minimization efforts. Can you adjust your workplans to reflect the increase in height above substrate and changes in boathouse dimensions? Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bod narPncdenr.gov Find a Field Rep(arcgis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kurt Wiest <kurtmwiest(alme.com> Sent: Monday, August 29, 2022 3:40 PM To: Bodnar, Gregg <gregg bodnar(a ncdenr.eov> Subject: [External] Re: DCM contact info CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Ste, Hey Greg, thanks for the call this afternoon. After our discussion I've come up with three items that I believe will considerably help the concerns of marine fisheries. 1) use through flow(this is the decking with holes in it to allow sunlight in and water up through) decking throughout the project the walkway the covered area and sitting area will all be through flow decking (this is a fairly significant cost) 2) raise the walkway as well as sitting area and deck area 18 inches higher (than the proposed design). 3) reduce the boatlift covered area by 3 feet (updated proposed size to be 14'x21' (from 14x24') which includes reducing the finger pier around boat lift covered area These three items I believe will make a significant change to the effected sunlight areas Please let me know your thoughts. Kurt Wiest Cell: 215-692-7282 On Aug 29, 2022, at 3:16 PM, Bodnar, Gregg <grregg.bodnarPncdenr.gov> wrote: Afternoon Mr. Wiest, Per our discussion here is my email. Please send along any minimization efforts as soon as you can and 1 will send them out for review. Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar ncdenr.gov Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. qt Bodnar, Gregg From: Kurt Wiest <kurtmwiest@me.com> Sent: Monday, August 29, 2022 3:40 PM To: Bodnar, Gregg Subject: [External] Re: DCM contact info CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hey Greg, thanks for the call this afternoon. After our discussion I've come up with three items that I believe will considerably help the concerns of marine fisheries. 1) use through flow(this is the decking with holes in it to allow sunlight in and water up through) decking throughout the project the walkway the covered area and sitting area will all be through flow decking (this is a fairly significant cost) 2) raise the walkway as well as sitting area and deck area 18 inches higher (than the proposed design). 3) reduce the boatlift covered area by 3 feet (updated proposed size to be 14'x21' (from 14x24') which includes reducing the finger pier around boat lift covered area These three items I believe will make a significant change to the effected sunlight areas Please let me know your thoughts. Kurt Wiest Cell:215-692-7282 On Aug 29, 2022, at 3:16 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Mr. Wiest, Per our discussion here is my email. Please send along any minimization efforts as soon as you can and I will send them out for review. Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg.Bod nar@ ncdenr.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Kurt Wiest LOCATION OF PROJECT SITE: 167 Big Hammock Point Road, Sneads Ferry adjacent to Chadwick Bay Longitude: 77°22' 14 Latitude: 34°31'32 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6/30/2021 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received and Complete — 6/17/2022 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County dated January 13, 2010 Land Classification from LUP —Conservation (B) AEC(s) Involved: CW, EW, PTA, (C) Water Dependent: Dock (yes) (D) Intended Use: Private (E) Wastewater Treatment: Existing — ONWASA Stump Sound Sewer Planned - none (F) Type of Structures: Existing — Roads and infrastructure Planned — pier, platforms, boatlift (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: (A) Coastal Wetlands BelowNHW N/A N/A 750ftz Incorp. 750ftz Shaded (B) Coastal Wetlands above NHW N/A N/A 175 ftz Incorp. And shaded (C) Open Water ( pier, platform, N/A N/A 2,082 ftz Incorp. boatlift) 2,082 ftZ Shaded (D) Total Area Disturbed: 2, 082 ft2 (E) Primary Nursery Area: Yes (F) Water Classification: SA/HQW Open: Yes (conditionally approved open)/Shellfish Franchise 8. PROJECT SUMMARY: The project is for a pier, uncovered and covered platform and covered boatlift for 167 Big Hammock Point Road. As a requirement of the original major permit for the Pelican Point s/d this lot had a deed restriction which prohibited a dock to be built on Chadwick Bay; since then, the deed restriction has been removed. Field Investigation Report: Wiest 167 Big Hammock Point Road Page 02 9. Narrative Description: The 167 Big Hammock Point Road project is located at Big Hammock Point Road which is part of the existing Pelican Point subdivision. Pelican Point was permitted through major permit # 43-95 for infrastructure, 481ots; and a community docking facility. Big Hammock Point Rd. is found by turning left off of Grandview Drive in Sneads Ferry. Chadwick Bay borders this site to the west. Permit #43-95 was originally issued to Pelican Point S/D by Scarafoni Associates, Inc., on April 24, 1995. The original permit had deed restrictions which read, "deed restrictions shall be placed on the owners of all unsold lots on Chadwick Bay specifically lots 8, 9, 13, 14, 15, 16, and 17 that prohibits them from construction out into Chadwick Bay. The owner of lot 46 shall also have deed restrictions prohibiting construction waterward ofMHW since it will be entitled to a boat slip within the community pier and dock." 167 Big Hammock Point Rd. is identified as lot 17 according to permit #43-95, restrictive covenants recorded in book 1145, Page 445, Onslow County Registry. After the permit authorization of # 43-95, the original applicant, Scarafoni Associates, Inc. transferred ownership to the Pelican Point Homeowners Association. On 5/4/2021 Mr. Wiest received a "RELEASE FROM DECLARATION OF PROTECTIVE COVENANTS OF PELICAN POINT," recorded in book 5452, Pages 559-563, Onslow County Registry. 167 Big Hammock Point Rd, is .798 acres (34,793 Sq.ft) in its entirety and is an average of 13' above NHW. The total length of the shoreline is 1.17'. There is a 75' x 105' fringe of Coastal Wetlands present along the shore adjacent to Chadwick Bay. This fringe contains Smooth Coordgrass (Spartina alterniflora), Giant Cordgrass (Spartina cynosuriodes), Black Needlerush (Juncus romerianus), and Salt Meadow Grass (Spartina patensl. Within the waters of Chadwick Bay expanses of franchised oyster beds are present. The water depths in Chadwick Bay are shallow (-2'nlw) and according to the applicant and DMF site visit records, reach —3' NLW within the channel portion and an average of — 2' at NLW at the waterward end of the proposed structure. There is an unnamed "slough" along the waterward edge of the property. The slough varies in width along the property from 12' to 22' wide and has an average depth of 9" at normal high water and would be.classified as "navigable" by the Division. This section of Chadwick Bay is a Primary Nursery Area as designated by the Division of Marine Fisheries and the Division of Water Quality classifies it as SA/HQW waters. The area in which the proposed project would take place is Conditionally Approved - Open to the taking of shellfish. Onslow County Land Use Plan dated 2010 classifies this area as Conservation within the AECs. Field Investigation Report: Wiest 167 Big Hammock Point Road Page 03 10. Proiect Description: The applicant is proposing a 5' x 286' pier, a partially covered 18' x 19' platform part of t w ich is a 13' x 13' covered area with a 1' overhang on the eastern and southern side, a 16' x 6' covered boatlift. The covered boatlift will be surrounded by two finger piers 19' x 3' and 24" x 3' and will contain a 13' x 13' boatlift. No upland development is proposed. The pier would extend from high ground and cross over coastal wetlands landward of NHW for approximately 181'. Cross a 14' area of navigable waters and be elevated 6' above the normal high water (NHW) level, continue over another 25' section of coastal wetlands, and extend 38' over open water to lead to the docking facility. The maximum boat length would be 2l' and of open runabout design. The water depths along the platform and within the slip is -1.92 to -2.0' at normal low water as verified by Kim Harding with the Division of Marine Fisheries. The most water ward portion of the structure would be located 67' waterward of the edge of the marsh: The Division has determined through previous permit activity, that the configuration of marsh and oyster beds along the shoreline of this property establishes the point from which to measure the water body for the immediate area, creating a width of 1,460'. In consideration of this, the impedance into the water body by the structure consequently extends approximately 67' into the 1,460' waterbody of Chadwick Bay. The pier and platform would be located approximately 29' to the west and 34' to the east of the adjacent riparian lines. 11. Anticipated Impacts: The proposed pier as would shade and incorporate 175 ft? of coastal wetlands above NHW, as well as shade and incorporate750 ftz of coastal wetlands below NHW. A total 2,082 ft2 of open water of would be shaded and 1,198 ftz incorporated by the pier, platform and boatlift. The structure should not cause a hindrance to navigation. The docking facility will, be located within the shellfish lease/franchise area of Brian Shephard. Name Curt Weychert Date 6/17/2022 Morehead City 167 Big Hammock Point Road Pier Construction Project Narrative 167 Big Hammock Point Road Sneads Ferry, NC 28460 (215)692-7282 PROPOSAL SUBMITTED TO: Kurt Wiest PHONE: DATE: 215-692-7282 06/13/22 STREET: CUSTOMER EMAIL: 167 Big Hammock Road Kurtmwiest@me.com CITY, STATE, ZIP: JOB LOCATION:167 Big Hammock Point Road, Sneads Ferry, NC 28460 Sneads Ferry NC 28460 We will be building a dock (5'x286') with a 12'x12' covered sitting area and an 8'X12' open area up front. There will be a 14'x23' covered boat slip. A bridge will be added at —236' mark of the walkway to clear 14' of ditch, the bridge will be built in such a way to be at least 6 feet over the ditch at NHW (9"). Dock will be constructed using round marine treated pilings, 2x6 stringers and joists, 2x8 girders double bolted with 5/8" galvanized bolts. The dock will be decked with gray ThruFlow decking and secured with 316 grade stainless steel screws. There will be a 3' wide finger pier around the perimeter of the covered slip. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Weychert, Curtis R From: NRN Inc <sales@newrivernets.com> Sent: Wednesday, June 15, 2022 11:14 AM To: Weychert, Curtis R; Goebel, Christine A Cc: 'Brownlow, Roy D' Subject: [External] Wiest Pier permit update CAUTION: External email. Do not click links or open attachments unless you verify. S Report Spam. Hi Curt, 0 �t6�.1vi My original objection still stands as long as Weist is trying to build anything into Chadwick Bay and I have included a copy of that email in blue below and a copy of some of the email conversation in red below. Please let me know if any changes or if you need anything else from me. Thanks, Brian Shepard From: sales@newrivernets.com <sales@newrivernets.com> Sent: Wednesday, July 28, 2021 12:41 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Subject: RE: [External] Kurt Wiest CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. HI Curt, I am not sure how formal you need the objection to be but this is a start until we have more time. I do objection to Mr Wiest building anything into Chadwick Bay from his lot on Pelican Point. 1. Mr Wiest bought this property with full knowledge of the restrictions on his deed and the former owner also knew about the deed restriction and Mr Kalten and Mr Wiest had a discussion about the water access before he bought the property. 2. In the agreement that the property developer made with the state of North Carolina the property owner was given an exclusive and perpetual right to a boat slip on the waterway in exchange for giving up all right to a dock into Chadwick Bay. I notice Mr Wiest still has that boat slip on his deed and the state of INC made their intent clear when they made this agreement that the property owner could not have both and I think the state should be the one enforcing this agreement. 3. The Homeowners Assoc. cannot remove this covenant or restriction from Mr Wiest's deed, they did not make the agreement and have no standing in removing it or controlling it in any way. 4. The Homeowners Assoc. can change certain things in their HOA rules, this is not one of them but if it was one of them, the process to change a rule or restriction was not followed according to the HOA rules/bylaws. 5. A deed restriction or covenant cannot be removed by just anyone, I am fairly sure it takes a judge to be allowed that much power. Respectfully yours, Brian Shepard -----Original Message ----- From: Goebel, Christine A[mailto:Christine.Goebel@NCDENR.GOV] Sent: Thursday, September 9, 2021 11:07 AM To: sales@newrivernets.com Cc: Weychert, Curtis R; Brownlow, Roy D Subject: FW: [External] Wiest Pier permit update Mr. Shepard - I wanted to follow up after I had a chance to look over what you sent yesterday. Thanks for sending the information. While DEQ isn't a party to the developer's deed restrictions, the permit condition agreed to by the developer on the 1995 permit was the reason the restrictions was put into place. Curt is going to pull that permit file and we will discuss next steps for DCM. I also responded to your neighbor Mr. Weist this morning, and wanted to share it. Please see below. Thanks - Christy -----Original Message ----- From: Goebel, Christine A Sent: Thursday, September 9, 2021 9:48 AM To: Kurt Wiest <kurtmwiest@me.com>; Brownlow, Roy D <roy.brown low@ncdenr.gov> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: [External] Wiest Pier permit update Good morning Mr. Weist- I finally had time yesterday to review the information Mr. Shepard provided, which results in a change of my advice to DCM than what I gave before. It appears that in order for the developer (Scarafoni) to get approval for the community pier, he agreed to a permit condition on CAMA Major Permit 43-95 to limit development of additional piers. That is how the deed restriction came to be on several lots in your subdivision, and this is contained in your chain of title in the Declarations of Protective Covenants of Pelican Point Dock at Book 1254/161. A copy of the 1995 CAMA permit is shown on pp. 185 of the recorded document (or pdf p 25 on the attached). While your HOA may have tried to free your lot from the HOA's condition in the declarations, it may not work to relieve your property of the CAMA permit operational condition. Curt and DCM staff are looking at the 1995 permit file to see if there is additional helpful information there, and will be in touch. Christy DEQ Asst. General Counsel From: sales@newrivernets.com <sales@newrivernets.com> Sent: Tuesday, July 20, 2021 12:49 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: [External] kurt wiest CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hello Curt, I just received another request from Kurt Wiest for me to sign an "Adjacent Riparian Property owner notification/ waiver form" . Of course I will not be signing this form for many reason but even if I did, the dock he is requesting is not legal. There is a convenient on his deed (along with several others in that area) stating that he may not have any construction into the waters of Chadwick Bay. This is binding on this property no matter how buys it or how many times it is sold. What do I need to provide you to stop him? Thanks, Brian Shepard 910-389-1271 -----Original Message ----- From: Weychert, Curtis R[mailto:curt.weychert@ncdenr.aov] Sent: Wednesday, March 23, 2022 2:42 PM To: NRN Inc; Goebel, Christine A Cc: Brownlow, Roy D Subject: RE: [External] Wiest Pier permit update Brian, there were modifications in the platform area, ultimately I believe it is a reduction in the square footage, but I still wanted to make sure the neighbors were notified of the changes in the configuration from the previous notification. Curt Curtis Weychert DCM Field Representative / Environmental Specialist II North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-240-9497 Curt.Weychert@ncdenr.gov 400 Commerce Avenue Morehead City, NC 28557 http://Portal.ncdenr.org/web/cm/dcm-home E-mail correspondence to and from thus address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: NRN Inc <sales@newrivernets.com> Sent: Monday, March 21, 2022 4:38 PM To: Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Brownlow, Roy D <roy.brownlow@ncdenr.gov> Subject: RE: [External] Wiest Pier permit update CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Hi Christy, I just received another "notification of permit application" on March 12, 2022 from Kurt Wiest and I just wanted to touch base with you and make sure nothing has changed that I need to be aware of. Thanks for your time, Brian Shepard -----Original Message ----- From: NRN Inc [mailto:sales@newrivernets.com] Sent: Friday, January 28, 2022 10:13 AM To: 'Goebel, Christine A' Cc:'Weychert, Curtis R';'Brownlow, Roy D' Subject: RE: [External] Wiest Pier permit update Hi Christy, I'm just following up on the Kurt Wiest issue. Anything new? Thanks, Brian -----Original Message ----- From: NRN Inc [mailto:sales(c@newrivernets.com] Sent: Tuesday, January 18, 2022 3:45 PM To: 'Goebel, Christine A' Cc: 'Weychert, Curtis R'; 'Brownlow, Roy D' Subject: RE: [External] Wiest Pier permit update HI Christy, I'm just following up on the below email. Any news? Thanks, Brian -----Original Message----- 5 From: NRN Inc [mailto:salesCoDnewrivernets.coml Sent: Tuesday, December 14, 20219:31 AM To: 'Goebel, Christine A' Cc: 'Weychert, Curtis R'; 'Brownlow, Roy D' Subject: RE: [External] Wiest Pier permit update HI Christy, I just received another "notification of permit application" from Kurt Wiest to build a pier into Chadwick Bay. I just wanted to touch base with you and make sure the deed restrictions are still in place and active on these lots in Pelican Pt. I also left you a message on your phone this morning but you do not need to call if email is easier for you. Thanks, Brian Shepard -----Original Message ----- From: Goebel, Christine A [mailto:Christine.Goebel@NCDENR.GOVI Sent: Thursday, September 9, 2021 11:07 AM To: sales@newrivernets.com Cc: Weychert, Curtis R; Brownlow, Roy D Subject: FW: [External] Wiest Pier permit update Mr. Shepard - I wanted to follow up after I had a chance to look over what you sent yesterday. Thanks for sending the information. While DEQ isn't a party to the developer's deed restrictions, the permit condition agreed to by the developer on the 1995 permit was the reason the restrictions was put into place. Curt is going to pull that permit file and we will discuss next steps for DCM. I also responded to your neighbor Mr. Weist this morning, and wanted to share it. Please see below. Thanks - Christy -----Original Message ----- From: Goebel, Christine A Sent: Thursday, September 9, 2021 9:48 AM To: Kurt Wiest <kurtmwiest@me.com>; Brownlow, Roy D <roy.brownlow@ncdenr.gov> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: [External] Wiest Pier permit update Good morning Mr. Weist- I finally had time yesterday to review the information Mr. Shepard provided, which results in a change of my advice to DCM than what I gave before. It appears that in order for the developer (Scarafoni) to get approval for the community pier, he agreed to a permit condition on CAMA Major Permit 43-95 to limit development of additional piers. That is how the deed restriction came to be on several lots in your subdivision, and this is contained in your chain of title in the Declarations of Protective Covenants of Pelican Point Dock at Book 1254/161. A copy of the 1995 CAMA permit is shown on pp. 185 of the recorded document (or pdf p 25 on the attached). While your HOA may have tried to free your lot from the HOA's condition in the declarations, it may not work to relieve your property of the CAMA permit operational condition. Curt and DCM staff are looking at the 1995 permit file to see if there is additional helpful information there, and will be in touch. Christy DEQ Asst. General Counsel -----Original Message ----- From: Kurt Wiest [mailto:kurtmwiest@me.com] Sent: Thursday, September 9, 2021 7:58 AM To: Brownlow, Roy D <roy.brownlow@ncdenr.gov> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Goebel, Christine A <Christine.Goebel@NCDENR.GOV> Subject: Re: [External] Wiest Pier permit update CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spa m.<mailto:repo rt.snam@nc.gov> Good morning Roy, I hope you and your team are doing well. Just sending you a note and a follow up on my peer permit. My assumption has been, If there has been no other correspondence from Shepherd, it appears from the notes from CAMA legal counsel below that this matter should be resolved and a permit granted. Could you please send us an update at your earliest convenience? ++++++++++++++++++ DCM legal counsel reviewed the deed restriction that was on that property and based on that review- it is her opinion that the attached the document titled "release from declaration of protective covenants of Pelican Point' was an action by the HOA which released the restriction on pier construction. Based on this opinion, DCM believes that the applicant has satisfied the complete application requirement in 7.1 .0204(b)(4) of "a deed or other instrument under which the applicant claims title" where the deed restriction has been lifted and the property is otherwise riparian with the usual associated riparian rights. Thank you, Kurt Wiest Cell:215-692-7282 > On Aug 30, 2021, at 12:50 PM, Brownlow, Roy D <roy.brown low@ ncde nr.gov> wrote: > Good afternoon, Mr. Wiest. > As per your request in the email correspondence below, I have attached the only document I am aware of from Mr. Shepard. Staff should be receiving the legal information soon. You will be notified immediately once a permitting decision is determined. > Thank you, > Roy Brownlow > District Manager, Division of Coastal Management North Carolina > Department of Environmental Quality > 252.725.2683 (mobile) 252.808.2808 ext 217 (Office) > Roy.Brownlow@ncdenr.gov 9 > Email correspondence to and from this address is subject to the North > Carolina Public Records Law and may be disclosed to third parties. e E > -----Original Message----- * From: Kurt Wiest <kurtmwiest@me.com> > Sent: Monday, August 30, 2021 11:21 AM > To: Brownlow, Roy D <roy.brown low@ncdenr.gov> > Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov> > Subject: Re: [External] Wiest Pier permit update > CAUTION: External email. Do not click links or open attachments unless > you verify. Send all suspicious email as an attachment to Report > Spam.<mailto:report.spam@nc.Rov> > Hello Roy, > We are doing well hope you are too. If possible I would like to see the most recent correspondence from Mr. Shepard. Are you able to share it with me? > Thank you. > Kurt Wiest 11 > Cell: 215-692-7282 >> On Aug 25, 2021, at 4:28 PM, Brownlow, Roy D <roy.brownlow@ncdenr.gov> wrote: >> Mr. Wiest: >> Hope this finds you safe and well. >> DCM's legal counsel returned this week and of course, she in inundated with her work load. I did ask for an update today and waiting to hear where this is at on her schedule. Hopefully we will have this matter resolved where we can move forward soon. This situation is unique and not common, so the interests of all in this matter is being carefully considered. >> We will be contacting you soon with updates. Thank you for your continued patience. >> Best, >> Roy Brownlow >> District Manager, Division of Coastal Management North Carolina >> Department of Environmental Quality >> 252.725.2683 (mobile) 252.808.2808 ext 217 (Office) >> Roy.Brownlow@ncdenr.gov >> Email correspondence to and from this address is subject to the North >> Carolina Public Records Law and may be disclosed to third parties. 10 >> -----Original Message ----- >> From: Kurt Wiest <kurtmwiest@me.com> >> Sent: Wednesday, August 25, 2021 1:07 PM >> To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Brownlow, Roy D >> <roy.brown low@ncdenr.gov> >> Cc: Ryley Barber <pflmarine@gmail.com> >> Subject: [External] Wiest Pier permit update >> CAUTION: External email. Do not click links or open attachments >> unless you verify. Send all suspicious email as an attachment to >> Report Spam.<mailto:report.spamna nc.goy> >> Hi gentlemen, >> Time sure has flown since we met at the end of June. We are now at the end of August and Nicole and I are anxious to get started on the construction of our dock. s >> The last update I had heard was the CAMA lawyer needed to approve release of the permit however she was on vacation for a couple weeks. >> You both have been really great to deal with, thank you for helping us move forward. Please call or send an updated status as soon as you are able. >> Kurt Wiest 11 >> Cell: 215-692-7282 > <DOC 05-07 Riparian.pdf> 12 KURT WIEST E. ROCKHILL RD. MMLLE, PA JsW 3 Tr>t zk� S V e �'� e L KurtW lest 167 Big Hammock Point Road Sneads Ferry, NC, 28460 02121/2021 Brian Shepard 140 Charles Creek Road Sneads Ferry, NC 28460 Gear Brian Shepard: I am writing as a follow up to the last notification regarding construction of a pier from my home at 167 Big Hammock Point Road Snead, Ferry, NC 28460 out Into Chadwick Be,,. This letter serves as notification of permit application for the construction of the pier. Accordingly, the rules require me to work out an agreement with the shellfish franchise lease (you) In regard to proposed ingress egress. The specific rule for this, 7H .0208(b)(6)(J) states: Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. With this mailing I have included the design for my pier. We don't anticipate any issues with acce! to or from your franchise area with our pier design. Accordingly, if needed, I would like to allow yc the opportunity to mark a navigation route from the edge of my pier to the edge of the lease shot you determine it is needed. please follow up with me at your earliest Convenience should you ha any questions with this letter or the proposed pier. Wiest nclosure Dr doo6on rlraurino N.C. DIVISION OF COASTAL MANAGEMENT AOCEREFIEDRIPARIAN MP& - RE URN R CEIIPT RE UESTEDOWNER NOTIFICAoTIONIWAIVER ORM HAND DEL VER (Top portion to be, completed by owner or their Name of Ptopetty Owner'. laedtaeaofa<opetty'. 4/ 4/ Lc it MaU\gyp Pddress or OwnerE fro,.. -11r / /V) t�panr� Name Jo�1r BarberlPFL Conetruollon Agent Phone#910-330-5509 naanr.Ema1\Com ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION (1121[0 t 'REII20 19 b I t d bY the A I l P 1 I hereby perrl/y that I own property adiacenl to the above retorenced property. The in lividual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing, A description or {ba_wird with diTgnatorig.Itl I his lette r. I DO NOT have objections to this proposal. I DO have objections to this ro P posal. rf YOU nave Vo/tr .. m .nor rs nerng proposed, you must notNy the N.C. DIvlSlon Management (DCM) in writing within !O days of receipt of this notice. Comes of Coastal rnailedtol00CommerceAve., Morehead Clity, NC28557. DCMrepresentatives �ndence should be at (251) 808480it No response is considereYou h d the same as no objection If n also be contacted Cerhhed Mail.ave been notifiedby WAIVER SECTION I understand that any proposed pier, dock, mooring piling boat ramp, breakwater, boathous groin must be set back a minimum distance of 15' from m area of riparian access unle, lift, or ess wved by me ai (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, ai mushy` the appropriate blank below.) I DO wish to waive some/all of the 15' setback -OR-Signature of Adjacent Riparian property O-wner /dpnot wish to waive the 15'setback requirement (initial the blank) Signature of Adjacent Riparian Property 0",nerX TYPed/Printed name of ARPO: filailing Address ofARPO: ARPO's email: Date:_ ARPO's Phone#; 'waiver is valid for up to one year from e p an• - 12:57 VM Mon Ma,21 •.• 490waa O Orac Arm . dent QLoq- nDWI n Mon o Ope u OPe if Che ■Che IW Wr ®Con 0Top 0TAC ®Boa 13crW ClX + m mtps9AOolsOSpsCOM9.'Tre<kConarmAction?Rtc ttab 1,1=701907000002346... J Q ena•n 0 eo<a�. �..roc•n x ~ 1'i.m,maaw...r ro•.• Ma c2USPS.COM 6enO Asoah. amp W hws n2k na anal FINS Q USPS Tracking Track Another Package + Tracking Number: 70190700000234684922 Trecking FAOs > cat im, tee lnfonmea Del,WrY. fatNR 10 re[ervB 3Wornatoo namim.t.,i on your pachegae Stow Your Rem has been delivered to an agent for final delivery G Delivered to Agent for Final Delivery in SNEADS FERRY. NC 28460 on March 11, 2022 at 2:01 March 11. 20=M 2 01 qn Pm. SNIADS FERRY. W 21H60 USPS Tracking Plus® Available v Cot Updates v Delivered to Agent Tent h Email Updates v Tracking History USPS hacking Plus® v Kud Wit Oftc:215-529-4322 Cell: 215-692-7282 Sereficmny eeR pi.. ern Wetting and W. Remove X RECEIVED APR 05 ,'i;; DCM-MHI) CITY 1 ru rU Domestic Mail Only nr For delivery infor Ire 110 _f 0j Certified Mail Fee / 60 M $ Extra Services & Fees (check box, add fee §-' A& rpp&te) t 1 (U ❑ Return Receipt (hardcopy) $ r 1 3 , L! 1_I 0 ❑ Return Receipt (electronic) $ _ j 1 ,j E1-1 Postmark 0 ❑ Certified Mail Restricted Delivery $ i�i , +Q Q Here 0 ❑ Adult Signature Required $ ,t ❑ Adult Signature Restricted Delivery $`fr`rri— O Postage r`- $,Il,�j 0 Total Postage and Fpes# rj l i,f 1 i; � Sent � �'�o Stie - and Apt No�o P(} Box y4; " w -:-- - -- ------ -- ------ ----- City, State, ZlP+4�--------------------------------------------- F2 � N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONAVANER FORM in n, yERTFIEDMAI RETURNRECEtPTRFOUESTEDo RANDDELIVERY N (Top portion robe comb:eted by owns; or their agent) N N NaraaPmpeM Owxr _jam "� LAB R� Ci� ! ..oFa r,-�/ uaressa Property. ;5> ter.-.Gc ANC. argil, emat. •/ �-_�.Ir_;�/6»°e•svnonar. �/S69d.��^-�-3Fr/6o gTrnr, NYro foes 0a2eNPFtconsWEt.al µaa Devwa 9163JP5559 pe.+,emx, pll+nanneggmoi! corn aUJACENr NIVARau PROPERTv ON'NEP9CERTs iC{rnr. Borto nr��Ll^Ln1aG, mOxne /4rcqur_Y irrurrwn pe{eml oya-eninmeumve �ehrer%a]proyrrY TNrewr9ul wfFr^0'nr fir.', P••mn nas ae>uaee m rne, a> arw,.n m me sucnes arwo It me x.ebo'r'em Mw are KeCr•*W +. pp raa+'w..rM om..m,ms rru.ues ervrdea w5ry lolfCR' I GONOT Riva aDpCbns b Mis (IeGOLL _ I nO Nvl oya%4�a to _nn:�opca.r'. > youirari aX/acXan, m w3st n W" fl pu , mr mwe nerM ua X:cw c.v* Ymp«n«rrrnC>o m w.mp wmrrn fa tleya anGwyr a mn nwn. eonesPonaence snoma a mXIPXroJMCmrmrPrt'e Ave.,YoreMartCM. 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ETap OTAC'SSoa Ocrut {-JtX + M hnpsdAoob.usps.eorn'90 TrackConfi,mA tion?gtc tlabelsl=701907000002346._ J ®. eynn.n Q' uewun, lwnnon . XinunmeE P.nwry .p.n wv n s�USPS.COM a.ad A.a,N. Shop 8-ai—a krM MbM I«a 4 USPS Tracking Track Another Package + hacking Number. Your itam was delivered to an individual at the address at 229 pm on March 14. 2022 in CARY. NC 27518. USPS Treckkg Plus* AvagaWe v TAcklrp FAD. > Gel the tee IMormea mivarya F.W. to ra .. autmalW nMln ?W3 M your onka9a6 Status O Delivered, Left with Individual March 14. 2022 M 2-.29 pm CAAY NG 27518 Get Updates v Delivered Text 6 Email Updates v Tracking History v USPS hacking Plu.0 Remove X RECEIVED APR 0 5 ZOZ? DCM-MHD CITY CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION)WAIVER FORM Name of Property Owner: —8 u f i �61 I Ps f Address of Property: (Lot or Street It, Street or Road, City & County) Agent's Name* 16bI Ik L C0yd}1,1 fffmailing Address: i ar_ Al t t5fua ( 4 Agent's phone* 910- 33D 5S-0 ';Pnd Fe" NC 289loU I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development the7are posing. A description or drawing with dimensions must be provided with this lettghave no objections to this proposal. ____I have objections to this proposal. If you have 04iactlons to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at hWvsw nccoastalmanagertrent nat/weblcmistaff listing or by calling 1-888-4RCOA5T. No response is considered the same as no objection tf you have been nattNed by Certified Marl WAIVER SECTION understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15` setback requirement. 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N.C,AN PROPER ERNOTiFlCAT10NM'Awrn•�••.- lPiR. E TE aHANDD Y ADJACENT 0.1PARIAR PROPER R kPT 71 r Deal atNea agent) ow porlwn to be`canP�'W DY owner sc tY.Pj., ;�aeuavlex'r+ S emu. =eiQ pwla MM Pmrcs et P-M5569 eyperlPFlCorrstrW->K^ m pv[aFmil pa.C[M R:P/.RILJ vMOP[ftiY ONM k�R�i^ Pftr lQga. i-�eU '�^t➢41LT �$G __ • iMYMIAW YPNMIq eva y.eIN cer:ryN'�d'�CKK^+/b�xMl..a ^N EIMq. OOw�^YMeW On p�CW"q t. 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V.01 W, O oeac Apic ac aeq ©Logs A OMt a aced. a Ope a Opt 0 Che ■ Che ® Mor i7 Con 0 Top b TAC ® gas t3aut j2 t X + M M[p$Jttools.uses.comlg04rackConfrmAdion7gtt tLabelsl=701907000002346.., OD is 0 a.a.0 p L-.- /.1 mzuspsCOM' 6<ncl Receive Shop 6uaineaa InMmatlonal Help Q USPS Tracking' Track Another Package i- hacking Number: 70190700000234684946 Your hem was picked up at a postal facility at 1:01 pm on March 14. 2022 in WILMINGTON. NC 28411. USPS Tracking Pluss Available v Treaklnp rape a bet the tree lntormea Cow." feature to recarve eu M3 ed ActiM1LaliolU On your packages Status G Delivered, Individual Picked Up at Postal Facility March 14.2022 al 1 01 pm W II MINGTON, NC 26411 Get Updates v Dethroned Teat 8 Email Updates V Tracking History V USPS Tracking Plus® V Remove X RECEIVED APR a 5 ?022 DCM-MHD CITY Tracking Number: 702012900000282,47655 Status Your Item was picked up at a pasta! facility GV Delivered at 12:45 pm on October 21, 2020 in October 21, 2020 at 12:45 grin WILMINGTON. NC 28411. Delivered, Indvidual Picked Up at Postal Face- : WILMINGTON, NO 28411 Get Updates u Text & Email Updates Tracking History Per - Delivered n October 21, 2020. 12:45 prn Delwered. Individual Picked Up at Postal Facility WILMINGTON, NO 28411 Your item was p-4ked up at a postai facility at 12:45 pm on October 21, 2020 in WILMINGTtIftf�GEIVED 28411. October 19, 2020, 10-42 am Available for Pickup `1VfLALINGTON. NC 2$411 October 18, 2020, 3:07 am Departed USPS Regional Facilty FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX JAN 10 Z022 DCM-MHD CITY ro _n m ti 0 0 0 0 0 It 0 IT rI O r- AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit li rt W t (`5I Mailing Address: N-1 bammac t _ Phone Number: -mail Address: K l try M N)J { C51 Me C b ty _ I certify that I have authorized rh l�cxlrb(r_I-PA CorStr (C�M Agent Contractor to act on my behalf, for the purpose of applying for and obtaining all CAME permits � necessary for the following proposed development: pYT cove!` e-d at my property located at W 1 bo ly)Mon L PQd . in OY)SI( County. t furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: or Type Name Title t Date RECEIVED This certification is valid through t t_ JAN 10 2022 DCM-MHD CITY Type: CONSOLIDATED REAL PROPERTY Recorded: 5/4/2021 10:30:56 AM Fee Amt: $26.00 Page 1 of 5 Onslow County, NC Omega K. Jarman Reg. of Deeds BK 5452 PG 559 - 563 Prepared by Watson Legal, PLLC RELEASE FROM DECLARATION OF PROTECTIVE COVENANTS OF PELICAN POINT RECEIVED JAN 10 2022 DCM-MHD CITY submitted electronically by "Watson Legal, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the onslow county Register of Deeds. Book: 5452 Page: 559 Page 1 of 5 Book: 5452 Page, 1977-Current: 559 Seq: I WQ� 160 RELEASE FROM DECLARATION OF PROTECTIVE COVENANTS OF PELICAN POINT STATE OF NORTH CAROLINA COUNTY OF ONSLOW THIS RELEASE FROM DELCARTION OF PROTECTIVE COVENANTS OF PELICAN POINT ("Release") is made and entered into this the 26TH day of April, 2021 by the Pelican Point Subdivision Homeowners Association ("Association"), Kurt Martin Wiest and Nicole Lynn Levine, an unmarried couple ("Owners"). RECITALS: A. Wiest and Levine are the current record owners of the property located at 167 Big Hammock Point Road, Sneads Ferry, North Carolina, said property being defined by the attached Legal Description marked "Exhibit A". B. Wiest and Levine acquired said property via that General Warranty Deed recorded in Book 5216, at Page 150 of the Onslow County Registry ("Deed') with said deed containing a restriction of construction into Chadwick Bay. C. Pursuant to the deed this restriction on construction into Chadwick Bay shall run with the land and shall be binding on the grantees, their heirs and assigns. D. The Developer of Pelican Point, Scarafoni Associates NC, Inc., a North Carolina corporation d/b/a Live Oak Development Company ("Developer") caused to be recorded the Declaration of Protective Covenants in Book 1145, at Page 454. E. Pursuant to the terms of the Declaration of Protective Covenants, Developer ceded control of the Association to a duly elected and qualified Board of Directors upon certain events occurring as defined in Article 4, paragraph E. F. Pursuant to Article 4, paragraph E, "The affairs of the Association shall be managed by the Board of Directors". G. Pursuant to Article 10 of the Declaration of Protective Covenants, Developer shal I create and establish an Architectural Control Committee for the purposes of RECEIVED BAN 1 0 ZbZZ DCNi_MHD CITY Back: 5452 Page: 559 Page 2or5 Book: 5452 Page, 1977-Current: 559 Seq: 2 reviewing and approving "all proposed structures, buildings and improvements". H. Pursuant to Article 10, paragraph C, the Architectural Control Committee or Developer shall have jurisdiction over all original construction on any lot and later changes or additions after initial approval thereof together with any modifications, additions or alterations subsequently to be constructed on any lot or made to any improvements initially approved. 1. The Association, having taken control from the Developer, and Owners have agreed Owner may construct a pier from Owner's property into Chadwick Bay pursuant to all applicable local, state, and federal ordinances. NOW, THEREFORE, the Association and Owner, pursuant to the authority set forth above and as defined in the Declaration of Protective Covenants cited herein, hereby declare: 1. The property described on the attached Exhibit A ("Released Property") is hereby released from the restriction prohibiting construction into Chadwick Bay and shall no longer be subject to the terms and provisions prohibiting same as outlined in the Deed referenced above. 2. Owners are free to construct a pier or dock into Chadwick Bay pursuant to local, state, and federal laws and restrictions and shall face no fines, penalties, or restrictions of use as may be assessed by Association. 3. This release and waiver of restriction of building into Chadwick Bay shall run with the land and apply to all heirs and assigns of Owners. IN TESTIMONY WHEREOF, the Association and Owners, pursuant to the authority above recited, has caused this Release to be executed under seal and in such form as to be binding, effective the day and year upon recording this Release in the office of the Register of Deeds of Onslow County, North Carolina. PELICAN POINT HOMEOWNERS urt Martin Wiest ASSOCIATION By: Nicole Lynn Levine , P went RECEIVED JAN 10 2022 DCM-MHD CITY Book: 5452 Page: 559 Page 3 of 5 Book: 5452 Page, 1977-Current: 559 Seq: 3 STATE OF NORTH-e�A Pet111sylVar'li6- COUNTY OF ON&L-O V &0 kS I certify the following person personally appeared before me this day, acknowledging to me that he/she signed the foreoing document for the purposes stated therein, and in the capacity indicated therein: V�UYi 01Qrha ik)lesf Date: y � 1 . as I cCommmonw.ra, a Penn ryMnle . Noury seal Sara R. Friedman, Notary Public Bucks County My commission expires July 7, 2023 Commission number 1261393 slarnber, PernsyNanisaasociation of N0%al" STATE OF Pen43y I1/anlcL COUNTY OF AN3i OW &p ICS St ture of Notary Public �% m R Fr; adman Notary's printed name My commission expires: t3 1 certify the following person personally appeared before me this day, acknowledging to me that he/she signed the foregoing document for the purposes stated therein, and in the capacity indicated therein: N10DjQ WAn )_fVlnf Date: till Jal Conn nwoom of PennfyMnls - NotaSpl San R. Friedman, Notary Pury bit, Bodo Counly My commission sxplres July 7, 2023 Commission number 1261393 Menafsr, Permfylvania Aafochnon of Nplerlef STATE OF NORTH CAROLINA COUNTY OF ONSLOW Qrdtureof otaryP'ublic / _I KOA Notary's printed name My commission expires: 7 7 Z I certify the following person personally appeared before me this day, acknowledging to me that he/she signed the foreoing documentpfor the purposes stated therein, and in the capacity indicated therein: Date:_ 1 .0 21 TRACY fOVANNA Notary Public. North Carolina 0Onsiow County My Commission Expires January 01, 2024 gignatuWof Notary Public Notary's printed name My commission expires: Lra!14�1, 2-P Y RECEIVED JAN 14 ZOZZ DCM-MHD CITY Book: 5452 Page: 559 Page 4 of 5 Book: 5452 Page, 1977-Current: 559 Seq: 4 EXHIBIT A LEGAL DESCRIPTION BEING all of Lot Number (17), as shown on plat entitled, "SURVEY OF PROPERTY DESIGNED AS PELICAN POINT," (formerly "DIVISION OF CHADWICK ACRES- 1986, Phase Vill) prepared by Cowan and Jones, P.A. dated September P.A. dated September 27, 1993 and recorded in Map Book 30, Page 23, Slide G-211, Onslow County Registry and revised in Book 32, Page 84, Onslow County Registry. SUBJECT to Restrictive Covenants recorded in Book 1145, Page 445, Onslow County Registry. SUBJECT to Boat Slip Restrictions recorded in Book 1254, Page 161 Onslow County Registry. THIS conveyance is also made subject to the restriction that no construction shall be permitted into Chadwick Bay which restriction shall run with the land and shall be binding on the grantees, their heirs and assigns. There is conveyed and assigned herewith the perpetual right and exclusive right to the use of boat slip #3 as shown on map recorded in map book 1254 at page 171. Onslow County Registry - Commonly known as 167 Big Hammock Point Road, Sneads Ferry, NC 28460 Legal Description RECEIVED 2"162M7 JAN 10 ZOZZ DCM-MHD CITY Book: 5452 Page: 559 Page 5of5 Book: 5452 Page, 1977-Current: 559 Seq:5 APPLICATION FOR APPROVAL BY THE ARCHITECTURAL CONTROL COMMn TEE (ACC:) FOR FENCE CONSTRUCTION, ADUMONS, OR DOCKS Acknowledgement by all adjacent property owners is needed. Their signatures indicate an awareness of intent and do not constitute approval or disapproval. OWNER'S ACKNOWLEDGEMENT: I/We understand that: 1. Material herein contained shall represent alterations which comply with the zoning and building codes of the County of Onslow to which the above property is subject. Further, nothing herein contained shall be construed as a waiver or modification of such ordinances. The owner is responsible for obtaining the necessary bu*lding_perink prior to commencement of construction. 2. No work shall commence until owner receives written approval from the Architectural Control Committee (ACC). Any construction or exterior alteration before the approval of this application is not allowed and that, if alterations are made, I/We may be required to return the property to its former condition at my/our own expense; and that I/we will be required to pay all legal expenses incurred. 3. Approval is contingent upon all work being completed in a workmanlike manner. Members of the ACC may make a routine inspection. 4. This request is subject to restrictions by the Declaration of Protective Covenants of Pelican Point, Residential Building Standards of Pelican Point, and a review process by the ACC as established by the Board of Directors. Any variation from the original application must be resubmitted for approval. A copy of this request will be returned to me/us after review by the ACC. 5. I/We acknowledge and agree that I/we will be solely liable for any claims, including without limitation, claims for property damage or personal injury, which result from the request for home construction, addition, or modification. ,/,gA - A?Pro *4 RECEIVED JAN 1.0 2022 DCM-wino :,ITY I/We accept responsibility for all maintenance, repair and upkeep of said construction, addition, or modification. Signature of Owner General Contraetor(address Ri Work will begin_r_g_z ._------- __. Construction Plans (Two Plot Plans (Two Sets) Be wmplcted..'.., Brief Description of Improvements including Matcrial(s) and Color(s): ACTION BY THE ARCHITECTURAL CONTROL COMMITTEE (ACC) Date received: [ 1 Approved as requested. [ ) Approved subject to the following conditions/modifications: [ ] Disapproved for the following reason(s): RECEIVED JAN 10 2022 DCM-MHD CITY Notification to property owner on Date Signature of Architectural Control Committee ACC Review Application page 1 of 2 April 1, 2021 RECEIVED JAN 10 2022 DCM-MHD CITY Chadwick ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 17, 2022 Kurt Wiest 167 Big Hammock Point Rd. Sneads Ferry, NC 28460 Dear Mr. Wiest: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application for a State approval for development of 167 Big Hammock Point Pier/Dock within Chadwick Bay, Onslow County. The application was received as complete on 6/17/2022 and appears to be adequate for processing at this time. The projected deadline for making decision is August 31, 2022; however, 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. An additional letter will be provided if necessary. If this agency does not render a permit decision within 75 days from the date the application was received as complete, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of the application. 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 on the property of the proposed development This notice should be posted at a conspicuous location on the property where it can be observed from a public road. Failure to post this notice could result in an incomplete application. Onsite inspections will be made, and if additional information is required, you may be contacted by the appropriate State or Federal agency. A written request is required if you wish to receive a copy of the field report and/or comments from reviewing agencies. Please contact me or Gregg Bodnar, Asst Major Permits Coordinator, if you have any questions. Sincerely, W,v Curt Weychert Field Representative ovrraar..w,nouq� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 N0Tl(0'$l?mA CAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to construct a new one (1) slip private docking facility at 167 Big Hammock Point Rd., adjacent to Chadwick Bay, Sneads Ferry, Onslow County. COMMENTS ACCEPTED THROUGH_ August31, 2022 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW. Kurt Wiest Curt Weychert - DCM 167 Big Hammock Point Rd. 400 Commerce Avenue Sneads Ferry, NC 28460 Morehead City, NC 28557 215-692-7282 i (252)515-5400 PROPOSAL PFL CONSTRUCTION 135 Virginia lane $Heads Ferry. NC 23460 (910)330.5569 PR0ffl 1'sLRMrr1XDT0c !HONE: DATL >'Urt Wiest 215-692-7282 1012/10 +I Rb:Et': CUSTOMER FMAD., 167 Big Hammock Road Kwtmwiest@tne.com ❑'Y. SEATS, zP. JOR LOCATIONz meads Ferry NC 28460 We will be building a dock (5'x274') with a 12'xl2' covered sitting area and an 8'X12' open area up front. There will be a 14'x24' covered boat s I i p. Dock will be constructed using round marine treated pilings, 2x6 stringers and joists, 2x8 girders double bolted with 5/8" galvanized bolts. l'he dock will be decked with gray ThruFlow decking and secured with 16 grade stainless steel screws. There will be a 3' wide finger pier around me perimeter of the covered slip. Price includes CAMA permit, County Permit and your engineer fees. NOTE TO CLIENTS: x ELECTRIC AND PLUMBING HOOKUP NOT INCLUDED K* CONTRACTING FEES NOT INCLUDED. * JOB IS SUBJECT TO CHANGE, DUE TO CAMA REGULATIONS. .oJx+sehaeby m (wnuk m.cerwl , 1.k. .poet m mcmdm wn.bm V.,d m iom fm thew of. S 61 800.00 PAYMENT TO REMADE AS FOLLOWS: 10% DOWN, 501/6ON ARRIVAL, BALANCE DUE UPON COMPLETION. J mmeriai iegusysteedte M a spem6ed AJJ work w be eamplrwd in a ':'vrkmsdkkp mmnxr xmmdmgm mmdmd p a... .AM r1waumom or ':�'\'MYA flMl abo\Y a(GCI{ICstW66 mid'J C""'k WdlIM;OmC. mu. •�?xo:.rver atd aMve the estimate 0"I undca m & Ihu u m es(mau end mrr wlf 'ftm' pr.N1. may comewh mint¢ edditi,.W cosh. All wv,,menw .Atmgeot upon strikes, eresden4 adelryabnmd ow camol. Comaenxmt $16NATURE: :Mq, fm aw and Wmmd Way or septic dlatwbam:e osh Barber cc payee of Rapma4 The ebm, prices, sptcaicn4ms sm esdsM1rma me a�nfecmy W ae berelr,accepted. Yw ere w�hmsM 4, de Ur 4Me. ibis »opo,a! may be wddresm by u< drot alceprM m )0 day>. uk ae specified. pnSma6 will be made m malined ahme [ wsJnsund JHst mY s� peymem isdae upon.aoplaxm 1 alsn urdnnmd thal if my aecwlm is not ,":tr.v l e dsz ofmvwu date: rt u aubjttt w • rtacwrivy :Y. Ise (ce 9 SagneuxaJ Crab W Acca,Nersce RECEIVED JAN 10 2022 DCM-MHD CITY 5itoliature of O,Nmer r Signature of Owner C-. �) t� (nn val Contrwloo ddrss<a/nd plktne number) r -j -u E'a - :2 y- 'Z C? uJ z lt'ork sill begin f �(3� 4k compkttd "� Ual etf.�,r�; i'tmatruotion plans ( I%w Rias) ............................ Mot p[M., t kw SLtsi Brie)' Oewription of [mpro%mc-nisirwludinp Matcriak*) and ColorW: ec it�_a a ACTION BY THE ARCHITECTURAL CONTROL COMMITTEE (ACC) Date received: L><j Approved as requested. [ ] Approved subject to the following conditions/modifications: Kurt Wiest From: Kurt Wiest <kurtmwiest@me.com> Sent: Wednesday, June 23, 2021 6:12 PM To: 'curt.weychert@ncdenr.gov' Subject: 167 Big Hammock pint Road Sneads Ferry DMF dock/pier permit Attachments: SIGNED COVENANT DECLARATION TO RECORD -GENERAL RECORDINGS.pdf, peir designjpg Hi Curt, Thank you for calling me back today. Here is some of the history and past conversations with Roy and others regarding our pier application. I have also attached the DEED changes as they have released us from the restriction of construction into the BAY as well as the pier design. We have signed approvals from both neighbors as well as the HOA but the submerged bottom owner will not sign the approval. We live in a water community and just want to get a pier out into the water about 50 feetl What are the next steps to gain permit approval? RECEIVED JAN 10 2022 DCM-MHD CITY SUBMERGED LANDS [� «�- 2Q4 aw cfa m . Grwi- S G Org C Nua: ON"134-OWPW C*saQy'. &F a a+ u From: Brownlow, Roy Sent: Monday, November 30, 2020 11:28 AM To: PFL Construction Cc: Connell, Brad Subject: RE: [External] RE: DMF dock/pier permit guidelines Need to notify the submerged land owner of the intent to construct the pier and docking facility. I will need to confer with Brad to see which permit process this would go through. Be back with you shortly. Thanks, Roy RECEIVED From: PFL Construction <pflmarine@gmail.com> Zl]22 Sent: Monday, November 30, 2020 9:20 AM JAN 10 To: Connell, Brad <brad.connell@ncdenr.gov>; Brownlow, Roy <roy.brown low@ncdenr.gov> Subject: [External] RE: DMF dock/pier permit guidelines DCM-MHD CITY 2 S of Brad/Roy, Can you let me know our next step with 167 Big Hammock? I attached emails from Marine Fisheries. Thank you, Ryley From: Joshua Barber Sent: Friday, November 27, 2020 9:11 AM To: Harding, Kimberlee k Subject: Re: DMF dock/pier permit guidelines Thanks, I'll take a look. On Wed, Nov 25, 2020, 3:59 PM Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> wrote: Hi Josh. I am glad we could get that site visit taken care of easily. Below are some quick notes for our dock/pier guidelines. I have attached the resource layers to be pulled into Google Earth, that we use when reviewing permits. If you download the software to your computer you can view past conditions. I also included our layer that identifies the USCAE set back lines. Good luck, let me know if I can help out any further. Kim Resources in question • PNA o SNA can be applied here if it is a functional PNA (i.e. shallow and muddy bottom) • SAV (Must have _> 2ft) • Oyster • Extensive shallow muddy bottom (not PNA) Water Depth Thresholds RECEIVED • >_ 1.5ft. JAN 10 2022 o <50ft. to deep water or AIWW DCM-MHD CITY o Good tidal amplitude (Brunswick and some New Hanover Co.) 3 Floating structures are OK based on GP rules 15A NCAC 07H.125(h)(i). 18" stops can be recommended for extreme tides. Boat lifts are OK with 18" stops (vessel size should be within reason, no yachts). `Only Brunswick and some New Hanover Co. SAV or Shellfish, have concerns with shading and direct impact potential. With SAV in lieu of a floating dock, a lift platform may be possible or move the orientation of the structure to reduce impact. 15A NCAC 07H.1205(h)(i) does allow floating structures >_ 1.5ft. at Low Water in PNA, SAV and oyster. • Ift.<x<1.5% o <50ft. to deep water or AIW W o Good tidal amplitude o Bottom type? (sandy or less productive mud bottom and high energy) No floating structures. High potential for vessel to impact the resource. A fixed step down platform is a better option. Boat lifts could be OK as long as smaller vessels (check lift weight) with 18in. or 24in. stops. Observation piers with a step down platform for a kayak launch OK. Depth is too shallow for a formalized boat slip. Can be elevated to a MP for additional inspection. Hi Roy. I went out with Josh today at low tide. I measured water depths from 1.92' - 2.0' NLW. I did not find any live oyster clumps or SAV/roots, though it is late in the year, so that makes sense. The substrate is very compact in the area as well. Due to the conditions I observed, I would not deem a fixed pier, with a boat lift to cause adverse impacts to the habitat. Thank you and Happy Thanksgiving. Kimberlee Harding From: Brownlow, Roy Sent: Wednesday, November 18, 20204:19 PM RECEIVED To: Harding, Kimberlee k <Kimberlee.HardingPncdenr.eov> Cc: PFL Construction <pflmarine@Rmail.com>; Connell, Brad <brad.connell@ncdenr.Rov> 2�22 Subject: SAV Evaluation 167 Big Hammock Point Road gm 10 Kim: DCM-MHD CITY Hope this finds you doing well. We have an application for a proposed docking facility at 167 Big Hammock Point Rd, Sneads Ferry in Onslow County. This area is a PNA and GIS imagery and the DMF 4 mapping tool indicate there are SAV resources in the area. In addition, there is a submerged land claim adjacent to the property. In order to make a permit decision whether this could be permitted under the CAMA General Permit or if it would require a CAMA Major Permit, I am requesting your review of the project, the project site and comments and opinion in regards to potential impacts, if any to SAVs and/or shellfish resources in the vicinity of the proposed project. Please let Brad or I know if you are aware of any SAV or shellfish resource adjacent to this property or if you prefer, select a date you are available to meet on the site to evaluate and discuss. Thanks, Roy Brownlow District Manager, Division of Coastal Management North Carolina Department of Environmental Quality 252.725.2683 (mobile) 252,808.2808 ext 217 (Office) Roy. Brownlow0 ncdenr.gov RECEIVED JAN 10 Z022 DCM-MHD CITY J RECEIVED JAN 10 2022 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Kla r-� V\� i1 [S I Mailing Address: N-1 bha Hare YIOC y P. R j Syo zi5Lem,) 14, 289(a p Phone Number: 915 -- t09 2 — _P62 Email Address: Kuy-i- n-1 11J i r' t meo .. C b n-1 1� I certify that I have authorized s osh pal �011S 11C t iC�0 Agen t Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA perm,Ijits necessary for the following proposed development: Dain-i /11 ('oyalp0 at my property located at ILP-1 B L V+ Qd in (-)MIDW County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property 0!imer Information: Signature or Type !Name Title Date This certification is valid through I RECEIVED JAN 10 Z022 DCM-MHD CITY Tracking Number: 70201290000028247655 Your item was picked up at a postal facility at 12:45 pm on October 21, 2020 in WILMINGTON. NG 28411. October 21, 2020 at 12:45 pro Delivered. individual Picked Up at Postal Fact ty WILMINGTON, NC 28411 Got UP"" \/ Delivered Text & Email Upobltes u Tracking History October 21, 2020, 12:45 pm Delivered. Individual Picked Up at Postal Facility WILMINGTON, NC 28411 Your item was picked up at a postal facility at 12:45 pm on October 21, 2020 in WILMINGTON. EIVED 28411, JAN 10 2022 October 19, 2020, 10:42 am Available for Pickup WILMINGTON. NC 28411 October 18, 2020, 3:07 am Departed U5PS Reoianal Facility FAYETTEVILLE NC DISTRIBUTION CENTER ANNEX DCM-MHD CITY Postal Service'" RTIFIED MAIL"RECEIF Ri Domestic Mai? only _ s -T I od= ru t6i' c u7ru r« 5S 0460 7 QnavnwaR�lC�ooVR d Sri 0 QIffimFba�Rt(Ysntrt+�) d..s....t�Q.QQPoaFnuM o Qr Pam. ar. d—''O— HWa C7 QaSd:99^iue Pagdl.C._ / aV.ee i d� Cr f0.55 10/16/2020 'a f6.45 N3ent io� "T .`.�•l p CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: 4 ia_ (i P Address of Property: (Lot or Sheet #, Street or Road, City & County) Agent's Name #: ," Y i L (CMS 1_uc_taMailing Address: 135 V i jC9in t Agent's phone 5SO 44ncj_s Lea4 NC 2HL1(P(.3 i hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development the71have posing. A description or drawing,with dimensions, must be provided with this letter. no objections to this proposal. _ I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is availableathtta:lKvww.nccoastaimanaaerneaLneVweb/cm/staff-listing orby calling 1-8884,RCOAST. No response is considered the same as no objection If you have been notffied by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must Initial the appropriate blank below.) trw%,EIVED I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (P ner Infonnati ) gnature urn► ��t.t;�� 1fiMorType Name M Maindin A Q E"� flljyj(�c iu R(t g A ss Sleads den NC 2X &n c0stata/zip Telephone Number /Emalt Address M X (Riparian Signature I•{At4c -C iECrfo"U`KQ Print or Type Name JAN 10 ZOR 1bz— m4WOu4, Wcicr& W, Malting Address 06/state210 qtz? -�2� tZ.� Telephone Number /E ait Address tip iE<+itlt iA�Sjr71T{{a niSc1. co n Date (Revised Aug. 2014) D CITY This checklist is provided solely as an informational resource to assists in the preparation of the permit application. Although this checklist is a required to be filled out as part of the permitting process, nor is it required that this checklist be provided to the Division of Coastal Management (DCM), the items included within the checklist are required to complete the permit application. During the pre-applieaaion or application submittal meeting, a DCM representative will sit down with you and review the application package far completeness. The Division representative will refer to this checklist to determine whether or not an application is deemed to be complete or insufficient. lfan application package is deemed incomplete, the specific deficiencies will be noted on the application checklist. A copy of the checklist will be provided to the applicant, or applicant's agent, at the end of the meeting. Once the items have been addresser] the applicant or agent should contact the local field representative to reschedule aftnal meeting. PERMIT APPLICATION FORMS All applicants a= completely fill out all three pages of the DCM MP-1 form. Depending on the scope of the proposed development, you will also need to fill out some or all of the additional form(s) listed below. A checknut beside the applicable form(s) indicates that the forms are required for the proposed development. MP-2 Excavation and Fill Information _L/ MP-3 Upland Development MP-4 Structures Information ATTa&L-42 S -7 ""`e— MP-5 Bridges and Culverts * All questions on the application form(s) must be complete, or the letter "N/A" must be placed in each item that does not apply to your proposed project. All of the information provided in these forms must accurately correspond with the submitted workplan drawings. 1S'[USi�� I� 011a� All drawings plug( be neat, clear, and of standard size to permit photographic reproduction. If blue prints or sheets larger than 1I" x 17" are used, 27 copies must be submitted (it is advisable to request that it Division representative inspect a final copy of the workplan drawing(s) prior to making the required 27 copies). Drawings larger than 11" x 17" should be folded to legal size or smaller. The workplan drawings must be accurately drawn to an engineers scale (1"-200' or less) L/ (example 1"=30'), 1"=50', 1"=60', 1"=100', etc.). The scale must be indicated on the drawings. The following list of items must be indicated on the workplan drawings. No application or workplan drawings will be accepted as complete until all ofthe applicable items on the checklist have been approved by the DCXI CHECKLIST Cont. RECEIVED APP 0 5 2022 DCM-MHD CITY A DCMrepresentative will review the permit application and workplan drawing(s) and mark off each item(s) listed on the checklist that is deemed to be genwldg.. An item that has not been "checked off' indicates that additional information is needed in order to accept the application as complete, or that the item is "Not Applicable " to the proposed project. A copy of the checklist will be provided to you at the end of the pre -application meeting, or submission meeting, once the entire permit application package has been reviewed Wor plan DraAWIM V Simple Title Block (indicating name of applicant) / Drawing Number(s)—(example: drawing/page/sheet ( of4) V/ Date workplan was prepared Vicinity Map Stitir _ Standard North arrow _ Legend and scale x Dunes (primary and frontal dunes if applicable for development within the Ocean Hazard Area of Environmental Concern) _ ������ Shoreline _ oaaterbodies (indicate name of water body) _✓ Width of adjacent water body /'fvo "'✓Marsh Lands (federal wetlands) Yoastal Wetlands (indicate both upper:md lower limits) 7V4 "Type Wetlands _ xisting and proposed man-made structures xact areas and dimensions of proposed excavation (for both high ground and in / water excavation) _vExact areas and dimensions for fill and -or spoil disposal (for both high ground and in water fill) xistmg water depths relative to Normal Water Level (indicate datum used to determine depths and whether or not soundings were collected based on elevation or vegetation; also indicate proposed water depths for dredging / projects) _ t/ proximate Normal Water Level (NWL,) / Approximate Normal Low Water (NLW) P erty boundaries Riparian Corridors (for structures located over public trust waters) � ance of proposed structures to the federally maintained channel(s) ames of adjacent property owners Area of Environmental Concern (AEC) boundary (example: 75-foot Estuarine Shoreline AEC, 575-foot Estuarine Shoreline ORW Shoreline AEC, Ocean Hazard AEC, Inlet Hazard AEC, etc.) _ 30-foot Coastal Shoreline Buffer "' First Line of Natural Stable Vegetation "'Small and Large Structure setbacks _ /Depth and elevation of existing structures /Proposed work relative to the existing ground level CHECKLIST Cont. Cross -Sectional (side -view) Drawing(sA RECEIVED APR 0 5 2022 DCM-MHD CITY DWQ Riparian Buffer Zones � Elevation of existing dunes (applicable to Ocean Hazard projects) ✓First floor and building height elevations relative to Mean Sea Level (MSL) for any proposed buildings Roadway cross-section (including right of way limits) * Ijyou are planning to submit color drawings with the application package, uniquely color -code and label the natural features as indicated below: Estuarine Shoreline AEC Normal High Water — (in Blue ink) --------------- MHW'-------------- Normal Low Water —(in Black ink) --------------- MLW-------------- Coastal Wetlands — (in Green ink) ------ -- --C'%k''--------------_ Federal "404" type Wetlands — (in Magenta ink)----------404 wetlands--------- PropertyBoundaries ----Property boundary/line----- 75-foot Estuarine Shoreline AEC ---- — --- 75' Estuarine Shoreline AEC------- 575-foot ORW Shoreline ---------- 575' ORW Shoreline---------- 30-foot Coastal Shoreline Buffer ---------- 30' Coastal Shorline Buffer -------- — Ocean Hazard AEC Ocean Hazard AEC ----------Ocean Hazard AEC ----------- Small Structure Setback---------Pl??' Small Structure Setback---------- LargeStructure Setback --------- ????' Large Structure Setback---------- FirstLine of Natural Stable Vegetation --------First Line of Vegetation------- OTHERREQUIRED INFORMATION (checkmark indicates that information is complete) Project Narrative _ �p cation Fee pp, Certified Mail receipts from adjacent riparian property owners ee ( er legal instrument under which the applicant claims the right to develop the property in question) Consultant/Agent Authorization agreement form �Weflands Delineation Approval (from the U.S. Army Corp of Engineers) ' Storrnwater Management Certificate f. Ocean and Inlet Hazard Notices RECEIVED Other Information (any supplemental information that the Division of Coastal Management requests for processing) APR 05 2022 Primary Nursery Area (PNA) - l _�ubmerged Aquatic Vegetation (SAV) S,(iJ�' J t A t l DCM-MHD CITY Outstanding Resource Waters (ORW) Shellfish Waters _Open _Closed Applicant/Agent signature DCM Representative Date Mail body. Fwd: Paemal] Pier certified notifications. Wiest Kurt Wiest Cell:215-692-7282 Begun §awarded message: Fmnc Kist Wiest dnrtmvies�te.cam> Date: April 5, 2022 at 95734 AM EDT To: staples@prinirm.com Subject: Fwd: [External] Pier certified notifications. Wiest 'k Kurt Wiest Cel-215-692-7282 Begin fibrwarded message: From: 'kteve advamedstausystetts.cord' <stew@advancedstausystems.cottn> Date: April 4, 2022 at 5:1333 PM EDT To: Kurt Wiest <lcurtmwiest@me.com> Subject: Re: [External] Pier certified notifications. West iK From: Kurt Wiest <kurtmwiest@me.com> Sent: Wednesday, March 30, 202211:43 AM To: Steve advancedstairsystems.com<steve@advancedstairsystems.com> Subject: Fwd: [External] Pier certified notifications. Wiest Last couple of changes Knot Wiest Cell:215-692-7282 Begun forwarded message: Flunc "Weycbert, Curtis R" <cwtweychert@ncderr.gov> Date: March 30, 2022 at 10:0532 AM EDT To: kwtTmwsi@rre.com Cc: 'Cartoon, Amanda T' <Amanda.Can norngncdera.gov> Subject: RE: [External] Pier certified notifications. Wiest K Kurt, • A payment of $250 through check or money order that can be made out to NC DEQ • I have included the MP-4 form with indicated changes in red. • Physical signatures on the MP forms for submission • Indications on the drawing of the facility of the 85E'm measurement that we had spoken about RECEIVED APR 6 5 417 DCM-MHD C I Y earlier. Unfortunately, you will have to bring the drip line of the 145C" x143E" covered section of the platform to be the same as the platform area underneath it, which would make it 135C" by 135C". This is to complywith your shoreline linear footage and allowable platform area. On all of your submitted drawings, put them in a packet together and number them 5€cedrawi ng 1 of. 2 of. 3 of. 4 of. etc. This way we can reference them specifically if needed. Something indicati ng on your d rawi ng that the depth of water wi ll be 2.05C"@NLW Other than that, I canWC t see any additional deficiencies. Please let me know when you send these in and lW11 compile your packet for internal review. Curt Curtis Weychert DC:M Field Representativa / EmAronmental Specialist II North Carolina Division of Coastal Management North Carolina Department of Enuronmental Quality 252-240.9497 CurtWevcl-ert0ir-denr.ggy RECEIVE[ APR 6 5 2022 DCM-MHD CITY Mail body: Fwd: nip4pSuructures Kurt Wiest Ce0:215-692-7282 fi om Kurt Wiest <kmtnw iest@me.conl> Date: April 5, 2022 at 10:11:49 AM EDT To: staples@prnbre.com Subject: Fwd: mp 4pStmctums Kist Wiest Ce0:215-692-7282 Begin fD warded meessage: FYonc Me Wiest <kurtu viest n( rmcomt Date: April 5, 2022 at 100657 AM EDT To: staples@pmintmm.com Subject: FMd: mp_4pStructwes Kurt Wiest Cel 215-692-7282 Begin forwarded message: Flomrc kLrbimwst@rm.com Date: April 4, 2022 at 991:09 AM EDT To: kLatimest@=.com Subject: mp 4pSttuctures RECEIVED APR d DCM-MHe., u, DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Kurt Wiest COUNTY: Onslow PROJECT NAME: LOCATION OF PROJECT: 167 Big Hammock Point Rd, Sneads Ferry DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-17-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Choose an item. FIELD REPRESENTATIVE: Weychert DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Date B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: 250t# Click or tap here to enter text. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: Click or tap to enter a date. END OF NOTICE DATE: ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 8-31-22 150 DAY DEADLINE: EMAIL OUT DATE: 6-25-22 STATE DUE DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep �// DCM — LUP Consistency Determination q�% 2 (Zz ` Local Permit Officer S zj 2,- - �- Corps of Engineers - Regulatory Branch Zp z y DWR— 401 Section DWR-Public Water Supply R115hZ' DEMLR- Stormwater DEMLR- Sed and Erosion DOA - State Property Office (S �1L y Wildlife Resources Commission DMF - Shellfish Section 76 7 DMF- Habitat&Enhancement q M ZL Af V1 DNCR - Archives & History DNCR-Natural Heritage Program NCDOT NC Dept of Commerce ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director DATE: June 17, 2022 TO: Gregg Bodnar THRU: Heather Styron FROM: Curt Weychert NORTH CAROLINA Environmental Quality MEMORANDUM SUBJECT: Comments and Recommendations - CAMA Major Permit-Weist,167 Big Hammock Point Rd., Sneads Ferry, Onslow County. The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the development of a private residential docking facility. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. The waters of Chadwick Bay are open to shellfish harvest and is designated as a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: • All development shall be constructed as shown on plats and application accepted as complete by DCM on June 16, 2022. • Besides standard conditions, it is recommended to include condition language addressing the requirement to elevate the section of pier over the navigable unnamed mosquito ditch to a height necessary to allow the traditional use of waters located along that waterbody. It is recommended to follow the advice of general counsel regarding the legality of any deed restrictions which were rescinded by the HOA on the property of 167 Big Hammock Point Rd. wAa cuvain D � Q�4 oro,mwnoimwy� 0� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 25 .8082808 Weychert, Curtis R From: Kurt Wiest <kurtmwiest@me.com> Sent: Wednesday, June 8, 2022 2:02 PM To: Weychert, Curtis R Subject: [External] Fwd: SAV Evaluation 167 Big Hammock Point Road Marine fisheries evaluation CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Curt, Please seethe attached sign off from Kim Harding. Kurt Wiest Office: 215-529-4322 Cell: 215-692-7282 Sent from my cell; please excuse spelling and typos Begin forwarded message: From: Ryley Barber <pfimarine@gmail.com> Date: July 19, 2021 at 5:30:09 PM EDT To: Kurt Wiest <kurtmwiest@me.com> Subject: FW: SAV Evaluation 167 Big Hammock Point Road Below is an email from Marine Fisheries. Josh met them out there last year to observe water depth and habitat. It may come in handy in the future for you. This was back when Brad was handling our area, so it wouldn't hurt to forward this over to Curt when you email him again. Ryley From: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Sent: Wednesday, November 25, 2020 3:40 PM To: Brownlow, Roy <roy.brownlow@ncdenr.gov> Cc: PFL Construction <pflmarine@gmail.com>; Connell, Brad <brad.connell@ncdenr.gov> Subject: RE: SAV Evaluation 167 Big Hammock Point Road Hi Roy. I went out with Josh today at low tide. I measured water depths from 1.92' - 2.0' NLW. I did not find any live oyster clumps or SAV/roots, though it is late in the year, so that makes sense. The substrate is very compact in the area as well. Due to the conditions I observed, I would not deem a fixed pier, with a boat lift to cause adverse impacts to the habitat. Thank you and Happy Thanksgiving. Kimberlee Harding From: Brownlow, Roy Sent: Wednesday, November 18, 2020 4:19 PM To: Harding, Kimberlee k <Kimberlee.Hardin¢@ncdenr.eov> Cc: PFL Construction <pflmarine@amail.com>; Connell, Brad <brad.connelJCc ncdenLeOV> Subject: SAV Evaluation 167 Big Hammock Point Road Kim: Hope this finds you doing well. We have an application for a proposed docking facility at 167 Big Hammock Point Rd, Sneads Ferry in Onslow County. This area is a PNA and GIS imagery and the DMF mapping tool indicate there are SAV resources in the area. In addition, there is a submerged land claim adjacent to the property. In order to make a permit decision whether this could be permitted under the CAMA General Permit or if it would require a CAMA Major Permit, I am requesting your review of the project, the project site and comments and opinion in regards to potential impacts, if any to SAVs and/or shellfish resources in the vicinity of the proposed project. Please let Brad or I know if you are aware of any SAV or shellfish resource adjacent to this property or if you prefer, select a date you are available to meet on the site to evaluate and discuss. Thanks, Roy Brownlow District Manager, Division of Coastal Management North Carolina Department of Environmental Quality 252.725.2683 (mobile) 252.808.2808 ext 217 (Office) Roy. BrownlowOncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 ROY COOPER Commor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 28, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) greoo.bodnaf(a)NCDENR.go SUBJECT: CAMA MaiorPermit Application Review Applicant: Kurt Wiest Project Location: 167 Big Hammock Point Rd, Sneads Ferry Proposed Project: Docking facility on Chadwick Bay Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by July 28, 2022. If you have any questions regarding the proposed project, contact Curt Weychert 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed:.. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M A y- V_ AGENCY AI C A 2 A f. o Go M A SIGNATURE ilk A P k A— ti r DATE D_E CZ� oa...ti u.�s•u+n\ �� J U L 2 6 2022 FVP SECTION UND North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City. North Carolina 28557 2SL808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 28, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bod nar(D NCDEN R.gov SUBJECT: CAMA Major Permit Application Review Applicant: Kurt Wiest Project Location: 167 Big Hammock Point Rd, Sneads Ferry Proposed Project: Docking facility on Chadwick Bay Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregq Bodnar at the address above by July 28, 2022r If you have any questions regarding the proposed project, contact Curt Weychert 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality i DATE 07/07/2022 J U L 7 2022 �mwn� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 June 28, 2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-5165416 (Courier 11-12-0g) greoo.bodnarANCDENR cov SUBJECT: Applicant:. Kurt Wiest Project Location: 167 Big Hammock Point.Rd, Sneads Ferry. Proposed Project: Docking facility on Chadwick Bay Please indicate below your agency's position or viewpoint on the ro sed roject and return this form to Gregg Bodnar at the address above by If you have any questions regarding the proposed project, contact Curt Weychert 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. WQ,r►da �l;ll� �� r _L1 b.►cic� x.J RECENFED J U L 1 9 2022 NIP SECTION MHD ` M1 — •. aN 4'i • A 1 ',{ �. �PJ rvl� Bodnar, Gregg From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, July 19, 2022 9:58 AM To: kathryn_matthews@fws.gov; Leigh_Mann@fws.gov, pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Horton, James Todd CIV USARMY CESAW (USA); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental Review; Bowers, Todd; ethan Coble; fritz.rohde; matthew.k.creelman2@uscg.mil; Bodnar, Gregg; Twyla Cheatwood; Ellis, John; Perry, John M; Wojoski, Paul A; Howell, Jonathan; Weychert, Curtis R; Bertram, Paul J BOSN3; Posey, Ward B CIV; Tranter, Kent W CIV USARMY CESAW (USA) Cc: Charles, Thomas P CIV USARMY CESAW (USA) Subject: [External] [WARNING: UNSCANNABLE EXTRACTION FAILED]CAMA MAJOR/GP 291/SAW-2022-01447 Wiest/167Big Hammock Point dock/Onslow Attachments: SAW-2022-01447 Waist 167 Big Hammock Point Rd.dock ePN.pdf; GoogleEarth_Placemark.kmz; Field Report & Narrative.pdf; Plans.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. All, Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of a CAMA permit request, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by August 18, 2022. The applicant proposes to construct a 5' x 286' pier, a partially covered 18' x 19' platform part of which is a 13' x 13' covered area with a 1' overhang on the eastern and southern side, a 16' x 26' covered boatlift. The covered boatlift will be surrounded by two finger piers 19' x 3' and 24" x 3' and will contain a 13' x 13' boatlift. No upland development is proposed. The pier would extend from high ground and cross over coastal wetlands landward of NHW for approximately 181 ', then cross a 14' area of navigable waters and be elevated 6' above the normal high water (NHW) level, continue over another 25' section of coastal wetlands, and extend 3 8' over open water to lead to the docking facility. The maximum boat length would be 21' and of open runabout design. Please see attached application, bio report dated June 17, 2022 , project narrative for details, and the attached kmz file for reference. EFH: This notice serves to re -initiate the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature of sedimentation impacts. The waters within the project area ARE designated as PNA, and are classified as SA/HQW and are Conditionally Approved -Open to shell fishing. Average water depths within the proposed platform and slip areas range from -1.92 ft NLW to -2 ft NLW (verified by the NC DMF). ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. Received: 7/11 /2022 Historic Preservation Office ...... -. . ._. ROY COOPER Governor - ECIZABETH S. BISEP Secretary BRAXTON'DAVIS Director June 28, 2022 Due: 7/19/2022 ER 22-1720 No comment — SBA 7/26/2022 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12.09) gregg. bodnar(EDNCD EN R.00v SUBJECT: Applicant: Kurt Wiest Project Location: 167 Big Hammock Point Rd, Sneads Ferry Proposed Project: Docking facility on Chadwick Bay Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by July 28, 2022 If you have any questions regarding the proposed project, contact Curt Weychert 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT: NAME Renee Gledhill -Earley AGENCY NC Historic Preservation Office SIGNATUF3-N.a-At L -f° _ REC ENFED DATE 8/1 /2022 AUG 2 2022 Al 0 I w M; - 'North Carolina Departinent of fnvironmenml Quality I Division of Coastal Management - D�E.Q� Moreheadclty Office 1-400 Commerce Avenue I Moorehead City, North Carolinas 2855E M_Nil�. '252.800808 Bodnar, Gregg From: Sammie Rogers <Sammie_Rogers@onslowcountync.gov> Sent: Tuesday, August 23, 2022 8:18 AM To: Bodnar, Gregg Subject: RE: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Onslow County Planning & Development has no objection for the project. Thankyou From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, August 23, 2022 8:06 AM To: Sammie Rogers <Sammie_Rogers@onslowcountync.gov> Subject: RE: [External] RE: Projects Here is the circulation for Wiest. Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.eov Find a Field Rep (arcgis.ccm) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Sammie Rogers <Sammie Rogers@onslowcountync.gov> Sent: Tuesday, August 23, 2022 8:00 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Good morning, What is the address of the projects? Respectfully, MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Lilla Kurt Wiest, Onslow County Date: August 23, 2022 This project appears to be consistent and not in conflict with the Onslow County Land Use Plan Update. The applicant proposes to install a new pier, uncovered and covered platform and covered boatlift at 167 Big Hammond Point Road in Sneads Ferry, Onslow County. Areas of Environmental Concern (AFC's) impacted by the proposal are Estuarine Waters, Coastal Wetlands and Public Trust Areas. Waters at the project site are classified as SA/HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Onslow County Land Use Plan Update and offer the following comments. The general area of the project is classified as Conservation. In general, Onslow County allows development in Conservation classified AECs which is consistent with the State's minimum use standards. The Onslow County Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these more restrictive policies appear to be applicable to this project. This project appears to be consistent with the.Onslow County Land Use Plan Update. Cc: File s`CIVED A U G 2 3 2022 MiP %SEXTION KIM G - i Bodnar, Gregg From: Harding, Kimberlee k Sent: Wednesday, August 31, 2022 10:55 AM To: Bodnar, Gregg Cc: Perry, John M Subject: RE: New CAMA Major Permit Application - Wiest Greg, We do appreciate the applicant's efforts, however, the application states the use of FlowThru material for the dock, so that is not a minimization of the original proposal. The Division recommends more minimization to the project's shading impacts. If the applicant cannot configure a 50% reduction in the boat life cover, the Division recommends removing the covered gazebo. All the docking facilities inside this portion of Chadwick Bay do not have more than one covered structure, this is typical minimization in SAV habitat and supported by "Construction Guidelines in Florida for Minor Piling -Supported Structures Constructed in or over Submerged Aquatic Vegetation (SAV), Marsh or Mangrove Habitat" U.S. Army Corps of Engineers/National Marine Fisheries Service August 2001. Kim6erlee Harding Ha6itat and Enhancement Section NC Division of Marine ris6eries kim6er1ee.6ardinQ@ncdenr.eov 910.796.7+75 (Office) From: Bodnar, Gregg <gresa.bodnar@ncdenr.aov> Sent: Tuesday, August 30, 2022 7:47 AM To: Harding, Kimberlee k<Kimberlee.Hardine@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Perry, John M <John.Perryncdenr.eov>; Deaton, Anne <anne.deaton ncdenr.gov>; Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> (Sarah.E.Hair@usace.army.mil) <Sarah.E.Hair@usace.army.mil Subject: RE: New CAMA Major Permit Application - Wiest Morning Kim, The proposed vessel indicated on the MP-4 form is 18 feet in length, which was the reasoning for the. reduction in boathouse size to 21 feet in length (to include the engine and covering the finger pier). The applicant indicated to me that he hoped the supplemental minimizations included along with the reduction in boathouse size would be seen as acceptable to overall reduction in shading impacts. Can you provide additional information to the need to reduce the boathouse by half in regard to the existing A&M proposal? Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg.Bod nar@ ncdenr.gov Find a Field Rep (armis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Sent: Monday, August 29, 2022 5:05 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Perry, John M <John.Perry @ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Hair, Sarah E SAW <Sarah.E.HairC@usace.armv.mil> (Sarah.E.Hair@usace.army.mil) <Sa rah. E. Ha ir@ usace.a rmv. m i I> Subject: RE: New CAMA Major Permit Application - Wiest Hi Gregg. The DMF appreciates the minimization the applicant has proposed, however the Division recommends further reduction of the boatlift cover. We recommend a reduction of 50%. Kimberlee Harding From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Monday, August 29, 2022 3:45 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Perry, John M <John.Perrv@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Hair, Sarah E SAW <Sarah.E.Hair@usace.armv.mil> (Sarah.E.Hair@usace.army.mil) <Sa ra h. E. Ha ir@ usace.a rmv. mi I> Subject: RE: New CAMA Major Permit Application - Wiest Afternoon all, Please see the above email for A&M concepts. Please let me know ASAP if they are acceptable so I can have workplans updated. Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg.Bodnar@ ncderingov Find a Field Rep (arcgis.com) C Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg Sent: Monday, August 29, 2022 3:19 PM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.ovov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Perry, John M <John.Perry@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov> Subject: RE: New CAMA Major Permit Application - Wiest Afternoon all, I spoke with Mr. Wiest and he will investigate A&M efforts. He currently proposing ThruFlow decking and is looking into raising the elevation of the facility, an possible reductions in boathouse size or changes in materials to let more light through, etc. Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) GreRR.Bodnar@ncdenr.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Sent: Monday, August 29, 2022 2:43 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Perry, John M <John.Perry@ncdenr.gov>; Deaton, Anne <anne.deatonCa@ncdenr.gov> Subject: RE: New CAMA Major Permit Application - Wiest Please find the attached comments Kim6erlee Harding Habitat and Enhancement Section NC Division of Marine Fisheries kim6erlee.harding@ncclenr.gov 9 i 0.796•7`F75 (Office) From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Tuesday, June 28, 2022 10:52 AM To: Sammie Rogers <Sammie Rogerscmonslowcountvnc.gov>; Austin Brinkley <Austin Brinkley@onslowcountync.gov>; Christenbury, Mike <mike.christenbury@ncdenr.gov>; Liz Hair <sarah.e.hair@usace.army.mil>; Zeigler, Mark D <mzeigler@commerce, nc.goy>; DCR- Environmental_ Review <Environmental. Review @ncdcr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.Hardins@ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Gupton, Sharon <sharon.gupton@ncdenr.goy>; Walton, Tim <tim.waIto n@doa.nc.gov>; Moser, Mike <mike.moser doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Perry, John M <John.Perrv@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.HallCa@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A<Rodney.eutler@ncdcr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Weychert, Curtis R <curt.wevchert@ncdenr.gov>; Styron, Heather M. <he a the r. m. sty ro n @ n cd e n r.Roy> Subject: New CAMA Major Permit Application - Wiest Hello All! Please accept this correspondence as the official distribution of CAMA application from Kurt Wiest in Sneads Ferry, Onslow County. Attachments include Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature, *RETURN TO GREGG BODNAR at greee.bodnar(a,ncdenr.aov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Gregg Bodnar at lireag.bodnar@ncdenr.gov or (252) 515-5416. Thank you! Amanda Cannon Permit Support Coordinator, Division of Coastal Management D E Q North Carolina Department of Environmental Quality 252.515.5406(OtHce) Antanda.cannon@ncdenrgov �ynIl CCrrIo arEI 8V17 V.; "9I, uzi Ea,?tiu;( to Irx?'VXite C'Tr4o V Vt. vm' J nn try ufr"Xdio lIf, (IINe:„i Click HERE to Find the DCM Field Rep in your CAMA region. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 28, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) greoa. bod nar(d) NCDEN R.00v SUBJECT: CAMA Major Permit Application Review Applicant: Kurt Wiest Project Location: 167 Big Hammock Point Rd, Sneads Ferry Proposed Project: Docking facility on Chadwick Bay Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by July 2$, 2022. If you have any questions regarding the proposed project, contact Curt Weychert 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY N��CDDMF 11�� SIGNATURE n�� Yr DATE 08/29/2022 R. C 6tFEE® AUG 2 9 2022 Wi SECTION MHD North Carolina Department or Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 ROY COOPER Governor ELIZABETH S. BISER Secretary KATHY B. RAWLS Director MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator R IEV D FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist AUG 2 9 2022 SUBJECT: Kurt Wiest DATE: August 29, 2022 MP SECTICH PAM A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit application for proposed actions that impact fish and fish habitats. The proposed project is for a pier, an uncovered platform, covered platform and covered boatlift. This section of Chadwick Bay is a Marine Fisheries Commission (MFC) designated Primary Nursery Area (PNA) and the Division of Water Quality classifies it as SA/HQW waters. The area in which the proposed project would take place in waters classified as Conditionally Approved Open for shellfish harvest. The docking facility will be located within an existing shellfish franchise with an active bottom lease. The proposed project is in Chadwick Bay where water depths are shallow, -2' NLW and has extensive Submerged Aquatic Vegetation (SAV) habitat. On November 20, 2020, a DMF representative went to verify water depths at the project site and measured 1.92'-2.0' where the boat lift will be sited. The substrate is primarily sandy mud with scattered oysters in the vicinity. On August 10, 2022, representatives from DMF and DWR conducted a SAV survey and did not find any present in the project area. The DCM representative stated in the project narrative that no SAV was present in June 2022. However, SAV has been mapped in the project area during 2015 and 2021 surveys. The Marine Fisheries Commission (MFC) give the following definition of SAV habitat: "15A NCAC 03I.0101 DEFINITIONS (4) (i) Submerged aquatic vegetation habitat. Submerged aquatic vegetation (SAV) habitat is submerged lands that: (i) are vegetated with one or more species of submerged aquatic vegetation including bushy pondweed or southern naiad (Najasguadalupensis), coontail (Ceratophyllum demersum), eelgrass (Zostera marina), horned pondweed (Zannichellia palustris), naiads (Najas spp.), redhead grass (Potamogeton perfoliatus), sago pondweed (Stuckenia pectinata, formerly Potamogeton pectinatus), shoalgrass (Halodule wrighth), slender pondweed (Potamogeton pusillus), water stargrass (Heteranthera dubia), water starwort (Callitriche heterophylla), waterweeds (Elodea spp.), widgeongrass (Ruppia maritima), and wild celery (Vallisneria State of North Carolina I Division of Marine Fisheries 3441Arendell Street I P.O.Box769I Morehead City, North Carolina 28557 252-726-7021 americana). These areas may be identified by the presence of above -ground leaves, below - ground rhizomes, or reproductive structures associated with one or more SAV species and include the sediment within these areas; OR (ii) have been vegetated by one or more of the species identified in Sub -item (4)(i)(i) of this Rule within the past 10 annual growing seasons and that meet the average physical requirements of water depth (six feet or less), average light availability (secchi depth of one foot or more), and limited wave exposure that characterize the environment suitable for growth of SAV. The past presence of SAV may be demonstrated by aerial photography, SAV survey, map, or other documentation. An extension of the past 10 annual growing seasons criteria may be considered when average environmental conditions are altered by drought, rainfall, or storm force winds. This habitat occurs in both subtidal and intertidal zones and may occur in isolated patches or cover extensive areas. SAV is a vital component to the estuarine system and is prime nursery area for many fisheries species, such as gag grouper, flounder, red drum, black sea bass, weakfish and Atlantic croaker. SAV supports high diversity of foraging fish and invertebrates and provides valuable ecosystem services as a primary producer and enhancer of water quality. SAV filters water, stabilizes sediment and provides refuge for juvenile finfish, crabs and shrimp. PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early post -larval to juvenile and include finfish, crabs, and shrimp. Shallow soft bottom is an important foraging habitat for juvenile and adult fish and invertebrates, and aids in storing and cycling of sediment, nutrients, and toxins between the bottom and water column. Soft bottom habitat is used to some extent by most native coastal fish species in North Carolina. The habitat is particularly productive and, by providing refuge from predators, is an important nursery area. Species dependent on shallow soft bottom include clams, crabs, flounder, spot, Atlantic croaker, sea mullet, and rays. Many benthic predators are highly associated with the shallow soft bottom habitat, including flounders, weakfish, red drum, sturgeon and coastal sharks, although almost all fish will forage on microalgae, infauna, or epifauna on the soft bottom. The MFC SAV policy guideline includes: "provide adequate safeguards to prevent direct or indirect impacts from development projects adjacent to or connected to SAV". Because SAV requires a certain amount of light penetration to survive, docks can impact the grass directly through shading and indirectly through prop scarring while ingressing and egressing to deeper water (DEQ 2016). Therefore, the Division recommends minimization to the project's potential impact to SAV beds by removing the roof of the 16' x 26' covered boat lift and locating the docking facility in deepest water possible, preferably greater than 2' MLW. The Division also recommends an in -water -work moratorium of April 1 to September 30 to reduce disturbance and resuspension of sediment during the time -period that larval and juvenile finfish and shellfish are most abundance. Such impacts can be detrimental to early life stages of aquatic organisms. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations, making the potential for a DO crash from increased turbidity a major concern, even if sediment curtains are utilized. Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-796-7286 or kimberlee.hardingOncdenr.gov with any further questions or concerns. 4 L4'uIL 3 AUG 2 9 2022 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 MP SECTION MHD DocuSign Envelope ID: 5FD55EE3-AE8G-4497-8248-57B19AD65583 ROY COOPER Governor ELIZABETH S. BISER seo o,y RICHARD E. ROGERS, )R. Director Kurt and Nicole Wiest 167 Big Hammock Point Road Sneads Ferry, NC 28460 NORTH CAROLINA Env6onteentolQuolffy August 31, 2022 Subject: Approval of Individual401L Water Quality Certification Wiest Docking Facility USACE Action ID. No. SAW 2021-02213 Dear Mr. and Mrs. Wiest: DWR #20050821v2 Onslow County RE.E.DEI Y ED AUG 3 1 2022 MP SECTION MHD Attached hereto is a copy of Certification No. WQC005100 issued to Kurt and Nicole Wiest dated August 31, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. The waters of Chadwick Bay in this area are classified as SA HQW by the Division of Water Resources (DWR) and has been designated as Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). The DMF has identified SAV habitat within the proposed project area as referenced by the August 30,2022 memo. Please understand that the waters around your project area have been identified as a Primary Nursery Area and contains SAV habitat and the DWR D E O%M NonA Carolina Department of Environmental Quality I Division of Water Resources 127 C&nhn&I Drive Eat. I Wilmington, North Cmolinb 28405 vonw sui� r, rti, ya� 910.796.7215 DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57Bl9AD65583 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005300 Page 2 of 9 supports the concerns and recommendations regarding new shading impacts within these designated areas that were submitted by the Division of Marine Fisheries on August 30, 2022. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S.143-215.5]. This Certification can be contested as provided in Chapter 150B. of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms maybe accessed at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-- 3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 CE Vs ED AUG 31 2022 North Carolina Department of Environmental Quality I Division of Water Resouroes ®E Q �/ � 127 Cardinal Drive Est. I Wilmington, North Carolinh 29405 �.axrwwn 910.796.7215 ow�wree mrn.vomvmimovp� DoEnvelope ID: 5FD55EE3-AEBC4497-8248-57B19AD65583 Kurt and Nicole Wiest D W R# 20050821v2 Individual Certification #WQC005100 Page 3 of 9 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 021-1.0500. Please contact John Perry at 910-796-7341 or iohn.perrv@ncdenr.gov if you have any questions or concerns. Sincerely, Dxu5lgned by: TON �IMoarnslCOti tet�e�r#i€gton Assistant Regional Supervisor Water Quality Regional Operations Section cc: Josh Barber (via email) Liz Hairr, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) Gregg Bodner, DCM (via email) DWR 401 & Buffer Permitting Branch Electronic file M ,. M QZ� RECEIVED AUG 3 1 2022 FOP SEECTION MHD North Carolina Department of Environmental Quality I Division of Water Resources 127 Cmdimsl Drive Eat. I Wilmington, North Carolinh 28405 910.796.7215 Bodnar, Gregg From: Kurt Wiest <kurtmwiest@me.com> Sent: Wednesday, September 14, 2022 8:38 AM To: Bodnar, Gregg Cc: Harding, Kimberlee k, Weychert, Curtis R Subject: Re: [External] Re: DMF updates CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. OK exactly what I thought. I'd love to climb up to the mosquito ditch and and take that maybe straight out or even have a gentle slope (to the 6') from there but I'm gonna leave that up to PFL understanding that the approval is based upon the 6 foot NLW at the structures. I approve this design with the discretion of Pfl Construction about how best to handle the slope. Thank you very much I look forward to ACOE input approval so we can move this forward. Kurt Wiest Cell: 215-692-7282 On Sep 14, 2022, at 8:02 AM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Yes you can ramp up to the 6ft elevation, provided that the section DMF is interested in being 6ft above NWL is at that elevation. To be honest, the more of the pier that is elevated higher would be a good thing habitat wise. You are allowing more sunlight to reach the water. Gregg Gregg Bodnar(he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar@ncdenr.gov Find a Field Rep (aregis.com) NORTHCAROLINAD_E Q�� Department of Environmental Ouailry Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Kurt Wiest <kurtmwiest@me.com> Sent: Wednesday, September 14, 2022 6:27 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Weychert, Curtis R <cu rt.weychert@ ncdenr.gov> Subject: Re: [External] Re: DMF updates CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Ok I believe I have followed this conversation and reviewed the current proposal. One important question: Do you care how we get #3 to the 6' mark (above NLW) "section of the docking facility waterward and including the finger piers, to also include the covered boat lift, and both the uncovered and covered decking, will be elevated to a height of Eft above NWL"? Are you ok if we gradually slope the walkway upward to reach the 6'? In other words, if I look at the drawing 1 see approximately 63' of pier after crossing the mosquito ditch before reaching the "docking facility" referenced by Gregg. We do not want to have stairs anywhere and would uld like to build it such a way as to sloop the walkway in order to get up to the six foot (6') mark. I woulld like to give PFL the discretion on how best to accomplish this if you folks are ok with that? If you think this requires a discussion let's have a real quick call today I am moving the contents of my house but will answer if I see you guys call. otherwise I am fine with it if you could approve this question. I apologize for the font differences and spelling mistakes, I don't have a PC give me right now and don't know how to change it on my phone. Kurt Wiest Cell: 215-692-7282 On Sep 13, 2022, at 11:36 AM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Great thanks. Next step is yours Mr. Wiest. Let me know when you can. Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regR.Bodnar@ ncdenr.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Sent: Tuesday, September 13, 2022 11:30 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Kurt Wiest <kurtmwiest@me.com> Cc: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Subject: RE: [External] Re: DMF updates Thank you Gregg, that is accurate. Kim6erlee Harding Habitat and Fnbancement Section NC Division or Marine risheries ICimberlee.bardin�@ncdenr.gew 910.796-7475 (Office) From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, September 13, 2022 10:24 AM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Kurt Wiest <kurtmwiest@me.com> Cc: Weychert, Curtis R <curt.weychert@ncdenr.aov> Subject: RE: [External] Re: DMF updates Understood. So with that here are the facts as I understand them... 1. The original drawings, to include the height of the pier from the high ground, will revert back to the original height, with the section above Coastal Wetlands at aft above substrate. The previous modifications (entire structure elevated an additional 1.5ft and the reduction of the cover boat lift) has been removed. 2. The originally proposed decking to allow sunlight through is still proposed. 3. The section of the docking facility waterward and including the finger piers, to also include the covered boat lift, and both the uncovered and covered decking, will be elevated to a height of 6ft above NWL. Kim can you verify this is correct. Then Mr. Wiest can you verify your agreement and grant DCM permission to modify the workplans to reflect these changes? I appreciate everyone's time and effort on this. Though this can be time consuming, this is a great example of the CAMA process working as intended. Once all this is complete I will send out the final workplans to the agencies. Still waiting on the USACE Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G rege.Bod nar@ ncde n r.eov Find a Field Rep (arc9is.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Sent: Tuesday, September 13, 2022 9:22 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Kurt Wiest <kurtmwiest@me.com> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: (External] Re: DMF updates G regg. Yes the design is accurately depicted in the revised design. The proposed raising of the roofs by 18" is not necessary now. The terminal end being raised to 6' above NWL is the only recommend change. Kim Kimherlee Harding Hahitat and r—nhancement Section NC Division of Marine Fisheries icimherlee.hardinq@ncdenr.gov 91 o.79d 7475 (Office) From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Tuesday, September 13, 2022 9:16 AM To: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Kurt Wiest <kurtmwiest@me.com> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov> Subject: RE: [External] Re: DMF updates Morning all, I have attached the original plans since they reflect the original size of the boathouse. I have a couple clarification questions... 1. Is the raising of the terminal end you describe Kim accurately reflected in the yellow box of Workplan "Page 1 of 3"? 2. If so, is this in addition to the already proposed raising of the rest of the structure by 1.5ft? If this is incorrect please let me know. When it is correct additional questions will be on the way so I can accurately modify the plans for Mr. Wiest's approval. Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg. Bodna r@ ncdenr.eov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov> Sent: Tuesday, September 13, 2022 8:59 AM To: Kurt Wiest <kurtmwiest@me.com>; Bodnar, Gregg <gregg.bodnarC@ncdenr.¢ov> Cc: Weychert, Curtis R <curt.wevchert@ncdenr.gov> Subject: RE: [External] Re: DMF updates Good morning all. In order to minimize shading impacts, I recommend the end of the docking facility with the boat lift and gazebo be raised to 6' above NWL. This height allows for sufficient sunlight penetration under the boat lift. The boat lift cover can then remain the originally proposed 25'. Thanks. Kim Kim6erlee Harding Na6itat and Enhancement Section NC Division of Marine Fisheries kim6erlee.harding@ncdenr.Qov 910;796.7475 (Office) From: Kurt Wiest <kurtmwiest@me.com> Sent: Monday, September 12, 2022 6:33 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Harding, Kimberlee k <Kimberlee.Harding@ncdenr.gov>; Weychert, Curtis R <curt.wevchert@ ncden r.goy> Subject: [External] Re: DMF updates CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Soam. Thanks Gregg. I appreciate everybody's effort, look forward to Kim's summary, and to having this project approved and off everyone's desk! Kurt Wiest Cell: 215-692-7282 On Sep 12, 2022, at 3:30 PM, Bodnar, Gregg <gregR.bodnar@ncdenr.gov> wrote: Afternoon all, Kim Harding (DMF) let me know that a discussion today prompted some additional minimization efforts. Kim if you could respond to this email with a summary of the changes, and then Mr. Wiest could you confirm you are good with those changes I will review and determine how to best capture them. I think I will change the plans myself after confirmation and get Mr. Wiest to confirm the changes. That should be the least complication option. Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) G regg.Bodnar@ ncdenr.gov Find a Field Rep (arcgis.com) Email Correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director June 28, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bod nar(o)N C D EN R.gov SUBJECT: CAMA MaiorPermit Aaalication Review Applicant: Kurt Wiest Project Location: 167 Big Hammock Point Rd, Sneads Ferry Proposed Project: Docking facility on Chadwick Bay Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by July 28, 2022- If you have any questions regarding the proposed project, contact Curt Weychert 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE fqr,,k gt+e DATE 9115/22 S E P 1 5 2022 PAP `3E_:(3T10,N OHD D_EQNorth Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 NdiRIG4PWNq ` _' o=o^^^�^�6•'�^^'��v\ / 2528082808 From: Dunn, Maria T. To: Bodnar, Greaa Subject: Re: Wiest Date: Thursday, September 15, 2022 10:05:59 AM Attachments: imaae0i)1 ona Thank you Gregg. NCWRC appreciates the efforts, coordination, and changes to minimize impacts to environmental resources while allowing the applicant development opportunity. ity. Please do not hesitate to call or email as needed. Maria Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 V.73 RMTl:lllt-Wdtl; Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Thursday, September 15, 2022 9:23 AM To: Harding, Kimberlee k <Ki mberlee. Hard i ng@ ncden r.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil> (Sarah.E.Hair@usace.army.mil) <Sarah.E.Hair@usace.army.mil>; Perry, John M <john. Perry@ ncdenr.gov> Cc: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Styron, Heather M. <heather. m.styron @ ncden r.gov> Subject: Wiest Morning all, In A&M conversations with the applicant and DMF the applicant has agreed to make the terminal end of the pier, from the finger piers waterward, 6 ft above NHW. The applicant will be ramping up to the 6ft somewhere waterward of the slough. This ramping up will be determined by the contractor and any safety concerns to minimize excessive ramping or requiring steps to achieve the �R�� 'G1alt'•�•,,. North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Anohives and History Seuetavy D. Reid Wilson Deputy Secretary, Dacia J. Waters, Ph.D. September 22, 2022 MEMORANDUM TO: Gregg Bodnar areee.bodnarna,ncdenr.gov Division of Coastal Management Department of Environmental Quality FROM: Ramona Bartos R(MK vo, V,wv& SUBJECT: Construct docking facility, 167 Big Hammock Point Road, Sneads Ferry, Onslow County, ER 22-1720 Thank you for your email of September 12, 2022, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.review(a,ncdcr.eov. In all future communication concerning this project, please cite the above referenced tracking number. Location: 109 East Jones Suet, Raleigh NC 27601 Mailing Address: 4617 Mail Service Coates, Raleigh NC 27699-4617 Telephone/Pax: (919) 814-6570/814-6898 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 August 23, 2022 Regulatory Division Action ID No. SAW-2022-01447 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: DECEIVED S E P 2 7 2022 POP SECTION MHD Reference the application of Kurt Weist to construct an access pier, platforms (covered and uncovered) and a boatlift in waters of Chadwick Bay, in the Pelican Point subdivision, at 167 Big Hammock Point Road, in Sneads Ferry, Onslow County, NC. Specifically, the applicant proposes to construct a 5' x 286' pier, a partially covered 18' x 19' platform part of which is a 13' x 13' covered area with a F overhang on the eastern and southern side, a 16' x 26' covered boatlift. The covered boatlift will be surrounded by two finger piers 19' x 3' and 24" x 3' and will contain a 13' x 13' boatlift. No upland development is proposed. The pier would extend from high ground and cross over coastal wetlands landward of NHW for approximately 181 ', then cross a 14' area of navigable waters and be elevated 6' above the normal high water (NHW) level, continue over another 25' section of coastal wetlands, and extend 3 8' over open water to lead to the docking facility. 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 modification to 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf 2. 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 (910) 772-2191. -2- 3. 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. 4. 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. 5. 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. 6. 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 (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. 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. 8. 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. 9.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. 10. 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. Add' 'o�, 1�t e� rojp must remain in full compliance with all aspects of the Sedimentation P(liiti`er�l of 1973 (North Carolina General Statutes Chapter 113A Article 4). S E P 2 7 2022 -3- 11. 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. 12. 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. 13. 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. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic Copy Furnished: USEPA; Mr. Todd Allen Bowers NCDEQ/DCM; Mr. Gregg Bodnar NCDEQ/DWR; Mr. John Perry USFWS; Mr. Pete Benjamin/Mr. John Ellis NMFS; Dr. Pace Wilber/Ms. Twyla Cheatwood PZECOVED SEP 2 7 2022 MP SECTION MHD From: Hair. Sarah E CN USARMY CESAW (USAI To: Bodnar. Greaa Subject: RE: [External] RE: Wiest Date: Tuesday, September 27, 2022 12:02:06 PM Attachments: Imaae001. ono Imaae002,nna CAUTION: External email'. Do not click links oropen attachmentsunlessyouverify. -Send all suspicious email as an attachment to ReoortSoam Understood. Thanks! From: Bodnar, Gregg <gregg.bodnar@ncdenr:gov> Sent: Tuesday, September 27, 202211:57 AM To: Hair, Sarah E CIV USARMY,CESAW (USA) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: [External] RE: Wiest Thanks. We are not adjusting the workplans, but conditioning the ramping up of the pier to the 6ft above NHW. It was not worth going through the revisions. It was difficult to get the workplans to the state they are now. More revisions would have taken a long time to get. We are authorizing off the original workplans. Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Greeg,Bodnart@ncdenr.gov NOmH CAROLIN � f Department 0 Em matnantal Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah,E.Hairna usace.army.mil> Sent: Tuesday, September 27, 2022 11:34 AM To: Bodnar, Gregg <gregg.bodnar anncdenr.gov> Subject: [External] RE: Wiest Hey Gregg, Attached is the draft condition letter from 9/1/2022. 1 was just waiting on revisions to the plans before finalizing. Looks like DMF and the applicant have worked out a solution based on the attached email. The Corps has no objections to the proposal and recommends the conditions in the attached letter be included in the state authorization. Let me know if you need anything else. Liz From: Bodnar, Gregg <gregg.bodnar(@ncdenr gov> Sent: Thursday, September 22, 2022 7:21 AM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair(@usace army md> Subject: [Non-DoD Source] Wiest Hey Liz, I'm getting a lot of calls from the applicant about status now that the A&M coordination for DMF is complete. Let me know if you have any questions or if you have a time line. Thanks, Gregg Gregg Bodnar (he/him/his) Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality (252) 515-5416 (NEW OFFICE NUMBER) Gregg.Bodnar(a ncdenr.gov DEQ�NORTH CAROLINA peParM1nenl al Fnvimnmenlal pueiily Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. —This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet - EXPRESS PERMIT APPLICATION (03/10/2020) City Date of initial application submittal (EX: 1/8/2007): 1/10/2022 Date application "received as complete" in the Field office (EX: 1/8/2007): 6117/2022 Permit Authorization: SCAMA Eldredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION Date: 6/23/2022 PNA: ®Yes []No Photos Taken: Yes NoN Setback Required (riparian): NYes No Critical Habitat: ❑Yes NNo ❑Not Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: ❑Yes NNo SAV: Yes NNo ❑Not Sure Shell Bottom: NYes No ❑ Not Temporary Impacts: ❑Yes NNo Sure Sandbags: ❑Yes NNo ElNot Sure Did the land use classification come from Mitigation Required (optional): LUP: NYes ❑No ❑Yes NNo Moratorium Conditions: ❑Yes NNo Environmental Assessment Done: ❑NA ❑Yes ❑No N NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) N High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) N (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina alternifiora) cynosuroides) (DS) Salt or spike grass (Disfichlis (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 1@ III(A) Private w/ D&F up to 1 acre; III(D) Pray. public or Comm w/ D&F to 1 3490 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 El III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - II. Public or commercial/no dredge $100 and/or fill - $400 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaoement.net revised: 02/15/10 WC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 4) ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 revised 02I5110 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: Kurt Waist Date: 6/23/22 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Pier 1 New 286' 5' Platform 1 New 18, 19, Boathouse 1 New 25' 16' Boatlift 1 New 12' 12' Finger Pier 2 New 24' 3' 19, 3° revised 02JISH0 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 4) Applicant: Kurt Waist Date: 623/22 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) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other ❑ Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 2.082 Low Marsh Dredge ❑ Fill ❑ Both ❑ Other ® 750 High Marsh Dredge ❑ Fill ❑ Both ❑ Other ® 175 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252.806-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 02115/10 DCM Coordinator: Gregg Bodnar Applicant: Distributed Yes® No ❑ Distribution Date: AGENCY WIRO WARD rn �� OM\ LPO t11 I Rachel Love Adrick MHe Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, (Carteret Onslow, Pender) Chowan, Craven, Hertford, Hyde, Greg Curry Perquimons, Tyrrell) (Brunswick, New Hanover) Josh Peletier — (Bertie, Currituck, Dare, Gates, US COE (NC DOT) DOT Brad Shaver Pamlico, Pasquotank, Washington) (Brunswick, New Hanover, Onslow, DOT - Tom Steffan — (Beaufort, Carteret, Pender) Craven, Pamlico Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret, Lee Padrick (Beaufort Carteret, Craven Craven, Eliz City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding James Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Tim Walton & Mike Moser & Wanda Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Hillard Wanda Hillard DEMLR/DWR: Sheri A. Montalvo Sheri A. Montalvo (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR John Perry Sediment & Erosion Holley Snider Samir Dumpor Storm water Dan Sams Roger Thorpe DWR 401 Christine Hall Chris Pullinger Joanne Steenhuis Brunswick, New Hanover, Onslow, Pender (NC DOT) Garcy Ward WRC Maria Dunn (WARO) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Butler Rodney Butler https:Hncconnect-my.sharepoint.com/personal/amanda cannon ncdenr_gov/Documents/Documents/Major Forms/Maj Comment Distribution Sheet.docx Revised: 5/7/2019 CW i NC Division of Coastal Management Cashier's Official Receipt 1: 1 06 Date: 20 P 7 aso- Check No.: County: Please retain receipt for your records as proof of payment for permit issued. Agent or Applicant: Field Representative: Date: 1--� 4a00 - MAJOR PERMIT FEE MATRIX #ae 9 Applicant: 611�e5 f Selection Development Type Fee DCM % DWQ % (14300 16014361000931625 6253) (243001602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below applies: III(A). Private, non - El . commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached can be a lied: IfI(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 4097(See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (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 eneral Water ertification No. $400 60% ($240) 40% ($160) Paquaticife: e attached) cannot d:evelopment that the filling and/or $475 60% ($285) 401%. ($190) excavation of more than one acre of wetlands and/or open water areas: N Kurt Wiest Primary Nursery Area PI, Iof3 167 Big Hammock Point Road Chadwick Bay Sneads Ferry NC 28460 I 3t ", I S T.T. 19 ap the prox P)L I P L� Overhang 15=0"� Open Plat/oml 2' 2' pards 28'-0" I i 310' 130" jenflSn- 1 1' Roof i Coveredat Ld- Overha I o" � BOA e�x _. I1'g"l "'i Kurt Wiest Page 2 of 3 167 Big Hammock Point Road Covered Boat Lift Sneads Ferry NC 28460 C NHW +2.8' Difference NLW 0.0' AU 11 U I Y r @ NWL 23' 8x8 Round Pilings T 8' Min. Bury I or All Pilings ri E NOTES 1. Basis: 2018 NC Building Codes Wind Zone: 150 mph Floor Live Load - 40lbs /sq ft. Roof Live Load - 20lbs / sgft. 2. All exposed Wood material to be Pressure Treated 3. All Pilings are 8" Round or 8"x 8" 4. All Bands /Girders to be strapped to Pilings where more then 50% of the Piling is Notched 5. All Fasteners are to be hot - dipped galvinized. 6. All Bolts to be 5/8" and include washers on bolt and nuts sides. 7. Nails to be a minimum of 12d. , Ring Shank, Stainless Steel or Corrision Resistant. 8. Screws to be a minimum of 2.5 Stainless Steel or Corrision Resistant. g. 10.Difference of 2.8' between NLW/NHW 11 12. 13. 14. N MAE sEP I ; ?022 4 REVISED Kurt wiest 167 Big Hammock Point Road Sneads Ferry, NC. 28460 Shoreline b ulkhead Cross Section Bridge over Mosquito Ditch Page 3 of 3 Boat Lift na u NHW +2.8' NLW - 2.0' Scale 1/12V RECEIVED 011 SEP 6 NIP '{ ���, .�� ���� Revised �'� Kurt Wiest 167 Big Hammock Point Road Sneads Ferry NC 28460 To the Approx P/L N Chadwick Bay Page 1 of L1' Roof 1 Overhang i 'Covered —/ f =lilflil }� i Boat Lift 3 0 15 e G+�t C,N >s-Pre9er?�line-ecith ' Hans Piechettka Trustee , ^An , i , Edge of Matsb , , v V U ,IV 294' - V' U osg 4• u Ditch 9" NHW 0" , , , , , I lF , I I V I 1 I I I , , , 0" — 34'-6"- S I To the 1 8'-0'. approx P/L -1 �t II I I ,F-Open Platform 11�,01, 1310" , 1' Raof Overhang) -11'0" , i Greanni Demetrious Edge Q 0Matsh V y v V I/ \ V V V asquito Ditch 9" NHVJ 0" ML L/ I I Bridge Location over , Mosquito Ditch , , I y i i i i v , ' 1 , , v I I 4, v � t I i i 5' x-286' , i,7- approx Revised 4/5/22 RECENE® JUN � � 2022 CITY t \Viest r Big. Hammock Point Road gads Ferty NC 28460 @ NWL 1HW +2.8' Difference NLW 0.0' Covered Boat Lift 25'-0.1 SxS Round Pilings 8' Min. Bury tor All Pilings NOTES 1. Basis : 2018 NC Building Codes Wind Zone:150 mph Floor Live Load - 40lbs /sci ft. Roof Live Load - 20ibs / scift. 2. All exposed Wood material to be Pressure Treated 3. All Pilings are 8" Round or 8"x 8" 4. All Bands /Girders to be strapped to Pilings where more then 50% of the Piling is Notched 5. All Fasteners are to be hot - dipped galvinized. 6. All Bolts to be 5/8" and include washers on bolt and nuts sides. 7. Nails to be a minimum of 12d. , Ring Shank, Stainless Steel or Corrision Resistant. 8. Screws to be a minimum of 2.5 Stainless Steel or Corrision Resistant. 9. S, e. Steve Gucnml 2R3, 10.Difference of 2.8 between NLW/NHW 11 2, 12. 11 N.IG 13. 14. rvmaonu Page 2 of 3 REVISED 4/5/2022 Kurt Wiest 167 Big Hammock Point RECEIVED JUN 17-202Z ®CM-MHD CITY Kurt Wiest 167 Big Hammock Point Road Sneads Ferry, NC. 28460 Bulkhead Cross Section Bridge over Mosquito Ditch WOW Edge of Marsh Page 3 of 3 Boat Lift Open Platform NHW +2.8' NLW - 2.0' N S Scale 1/120' Revised 4/5/22 NNW 0.0' NLW RECEIVED JUN 17 ZQZ2 Kurt Wiest 167 Big Hammock Point Road Sneads Ferry NC 28460 I N-61, -- 1u the npi,lox — I I I 25'-0" 2' CW�4 q,N Hans Piechettka Truste 1-1 \ _ i l me (•V NurScl T N Chadwick Bay Page 1 of 3 16'-0" r 14.0" —1 1' Roof Overhang I I Boat LIR 3 0" i- I I I I I I ed0e Ot Marsh I I I osquito Ditch 9" NHW 0.. I I y I I I I I I I I I J. 55 3the S To the B'-0" approx P/Li1� v "di .t' Open Platform S� B 0" 110" 13'0" I 1' Roof DVerhan i � ' -13'0" n I pert7"t41;mcm i I Greanni Demetrlous I Ot taro \I/ ♦ I W W � osquito Ditch 9" NHW 0" ML I Bridge Location over Mosquito Ditch I I I I RECEIVED JUN 1 I 2022 OCM MHD CITY t Wiest ' Big Hammock Point Road &ads Ferry NC 28460 IHW +2.8' Different NLW 0.0' NOTES Covered Boat Lift 1. Basis : 2018 NC Building Codes Wind Zone: 150 mph Floor Live Load - 40lbs /sq ft. Roof Live Load - 20lbs / sgft. 2. All exposed Wood material to be Pressure Treated 3. All Pilings are 8" Round or 8"x 8" 4. All Bands /Girders to be strapped to Pilings where more then 50% of the Piling is Notched 5. All Fasteners are to be hot - dipped galvinized. 6. All Bolts to be 5/8" and include washers on bolt and nuts sides. 7. Nails to be a minimum of 12d. , Ring Shank, Stainless Steel or Corrision Resistant. 8. Screws to be a minimum of IS Stainless Steel or Corrision Resistant. 9. IY AW lO.Difference of 2.8' between NLW/NHW stev1 C'mrvel 212312012 U11111 V 11 ,A " 12. I'll. Kurt Wiest 167 Big Hammock Point Road 13. Page 2 of 3 N 14. REVISED 4/5/2022 N'fHUVl 11 til/1 I HYb N� 1 YI V Cu Boat Lift Elevation REVIS 3.1 IC •rtA Sltll l nl RECEIVED JUN 17 2022 DCM-MHD CITY Kurt Wiest 167 Big Hammock Point Road Sneads Ferry, NC. 28460 Shoreline Bulkhead Cross Section Bridge over Mosquito Ditch fi 8' NHW 286' Edge of Marsh Page 3 of 3 Boat Lift Pili Open Platform Pil NHW +2.8' NLW - 2.0' N i-- Scale 1/120' Revised 4/5/22 NHW Off NLW RECEIVED JUN 17 2022 DCM-MHD CITY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 16, 2022 Regulatory Division Action ID No. SAW-2022-01447 and State Permit No. 99-22 Kurt Wiest Nicole Levine 135 Virginia Lane Sneads Ferry, NC 28460 Dear Mr. Wiest: Reference your application for a Department of the Army permit to construct an access pier, platforms (covered and uncovered) and a boatlift in waters of Chadwick Bay, in the Pelican Point subdivision, at 167 Big Hammock Point Road, in Sneads Ferry, Onslow County, NC. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2026. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, email: sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office -2- Enclosures: GP 291 conditions CAMA permit No. 99-22, dated 9/27/2022 Revised plans dated 9/6/2022 401 Certification dated 8/31/2022 Manatee Guidelines Electronic copies Furnished: Pfl Construction; Josh Barber/Ryley Barber NOAA/NMFS; Dr. Pace Wilber/ Ms. Twyla Cheatwood NCDEQ/DCM; Gregg Bodnar/ Amanda Cannon NCDEQ/DWR; Holley Snider USFWS; Mr. Pete Benjamin/John Ellis USEPA; Mr. Todd Allen Bowers DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 01, 2022 Expiration Date: December 31, 2026 DEPARTMENT OF THE ARMY REGIONAL GENERAL PERMIT (RGP) A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington A venue Wilmington, North Carolina 28403-1343 TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP. Operating Procedures a. Applications for joint state and federal authorization under this programmatic RGP will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the U.S., including wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional RGP or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP orNWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation, and guidance. e. This RGP does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this RGP process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will be furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this RGP will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section 401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. m. No work may proceed under this RGP until the Wilmington District Engineer or his representative provides written verification that the procedures and conditions of the RGP have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. o. This RGP will not be used to authorize an activity when the Wilmington District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental Impact Statement (EIS). General Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the latest setback criteria established by the Wilmington District Engineer. You may review the setback policy at http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not authorize the construction of hardened or permanently fixed structures within the Federally Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must obtain approval from the Corps prior to the construction of any structures within the Federally Authorized Channel Setback. b. Except as authorized by this RGP or any Corps approved modification to this RGP, no excavation, fill or mechanized land-clearing activities shall take place, at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. c. Authorization under this RGP does not obviate the need to obtain other federal, state, or local authorizations. d. All work authorized by this RGP must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the North Carolina Division of Water Resources. e. The Permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). f. The activities authorized by this RGP must not interfere with the public's right to free navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. g. The Permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his/her authorized representative, said structure or work shall cause umeasonable obstruction to the free navigation of the navigable waters, the Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. h. The Permittee, upon receipt of a notice of revocation of the permit for the verified individual activity, may apply for an individual permit, or will, without expense to the United States and in such time and manner as the Secretary of the Army or his/her authorized representative may direct, restore the affected water of the US to its former conditions. i. This RGP does not authorize any activity that would conflict with a federal project's congressionally authorized purposes, established limitations or restrictions, or limit an agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects, etc., shall be permitted unless the project has been reviewed and approved by the appropriate Corps approval authority. j. The Permittee shall obtain a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or prior to commencing construction of any structures, authorized dredging, or other work within the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, email: SAWWeb-NAV@usace.army.mil. k. The Permittee will allow the Wilmington District Engineer or his/her representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. 1. This RGP does not grant any property rights or exclusive privileges. m. This RGP does not authorize any injury to the property or rights of others. n. This RGP does not authorize the interference with any existing or proposed federal project. o. In issuing this RGP, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this RGP. ( 4) Design or construction deficiencies associated with the permitted work. (5) Damage claims associated with any future modification, suspension, or revocation of this RGP. p. Authorization provided by this RGP may be modified, suspended, or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this RGP shall be five (5) years unless subject to modification, suspension, or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. q. No activity may occur in a component of the National Wild and Scenic Rivers System, or in a river officially designated by Congress as a "study river" for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic designation or study status. Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service, etc.) r. This RGP does not authorize any activity within, or directly affecting, a marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the Corps with a certification from the Secretary of Commerce that the proposed activity is consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act. Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the Corps with a written certification from the Department of Commerce. s. In cases where the Wilmington District Engineer determines that the activity may affect properties listed, or eligible for listing, in the National Register of Historic Places and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by the Corps that the requirements of the NHPA have been satisfied and that the activity is authorized. t. If you discover any previously unknown historic, cultural, or archeological remains and artifacts while accomplishing the activity authorized by this RGP, you must immediately notify the Wilmington District Engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Wilmington District Engineer will initiate the Federal, tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. u. Endangered Species. (1) No activity is authorized under this RGP which is likely to jeopardize the continued existence of a threatened or endangered species directly or indirectly or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under this RGP which "may affect" a listed species or critical habitat, unless Section 7 consultation addressing the effects of the proposed activity has been completed. (2) Federal agencies should follow their own procedures for complying with the requirements of the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must provide the District Engineer with the appropriate documentation to demonstrate compliance with those requirements. The District Engineer will review the documentation and determine whether it is sufficient to address ESA compliance for the RGP activity, or whether additional ESA consultation is necessary. (3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service (USFWS) or NMFS, the District Engineer may add species-specific endangered species conditions to the RGP verification letter for a project. ( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the definition of "take" means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. (5) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below, or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively. The Raleigh USFWS Office covers all NC counties east of, and including, Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties. US Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Telephone: (919) 856-4520 (6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat, and programmatic consultation concerning other federally listed species and/or habitat may occur in the future. The result of completed programmatic consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" of whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP is conditional upon the Permittee's compliance with all the mandatory terms and conditions associated with incidental take of the applicable PBO (or PB Os), which are incorporated by reference in this RGP. Failure to comply with the terms and conditions associated with incidental take of an applicable PBO, where a take of the federally listed species occurs, would constitute an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply to a project, the Corps will include this/these requirements in any RGP verification that may be issued for a project. The USFWS is the appropriate authority to determine compliance with the terms and conditions of its PBO, and with the ESA. (7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps and the U.S. Fish and Wildlife Service. See http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency- Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal agency is the lead federal agency for a project in the western 41 counties, procedures for satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will not be applicable for consideration under the SLOPES; however, information that demonstrates the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s") will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer apply/be valid. (8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf (9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an endangered or threatened species during construction, the Permittee shall immediately notify the Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries Service. v. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This RGP does not authorize any activity prohibited by the National Flood Insurance Program. w. The Permittee must install and maintain, at his/her expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the Permittee should contact Coast Guard Sector North Carolina at (910) 772-2191 or email Coast Guard Fifth District at cgd5waterways@uscg.mil. x. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the Permittee. y. It is possible that an authorized structure may be damaged by wave wash from passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The Permittee will not hold the United States liable for any such damage. z. Structures and their attendant utilities, authorized by this RGP, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. aa. The Permittee must maintain any structure or work authorized by this RGP in good condition and in conformance with the terms and conditions of this RGP. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this RGP will automatically transfer this RGP to the property's new owner, with all of the rights and responsibilities enumerated herein. The Permittee must inform any subsequent owner of all activities undertaken under the authority of this RGP and provide the subsequent owner with a copy of the terms and conditions of this RGP. bb. At his/her sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this RGP will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. cc. Except as authorized by this RGP or any Corps approved modification to this RGP, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. dd Except as authorized by this RGP or any Corps approved modification to this RGP, all excavated material will be disposed of in approved upland disposal areas. ee. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this RGP will remain authorized provided the activity is completed within twelve months of the date of the RGP's expiration, modification, or revocation. Activities completed under the authorization of this RGP that were in effect at the time the activity was completed continue to be authorized by the RGP. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ~-------;? rt---ffr--.-/A ___ - ,,/ ~ . ,, _/q~ __ /· ' ,,.,,....,,, HeF~fam1nA. Bennett Colonel, U.S. Army District Commander Permit Class Permit Number NEW 99-22 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kurt and Nicole Wiest, 167 Big Hammock Point Rd., Sneads Ferry, NC 28460 Authorizing development in Onslow County at adj. to Chadwick Bay, at 167 Big Hammock Point Rd., in Sneads Ferry , as requested in the permittee’s application dated 3/28/22 (MP-1) and 4/4/22 (MP-4), including attached workplan drawings (3), Pages 1-3 of 3 all dated “Rev 4/5/22”. This permit, issued on September 27, 2022 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on September 27, 2027 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Docking Facility 1) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource agencies, the docking facility shall be constructed to allow the terminal end of the facility, from the finger piers waterward, to be elevated 6 feet above normal high-water level. 2) This permit authorizes only the covered platform and boat lift, piers, 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. (See attached sheets for Additional Conditions) Kurt and Nicole Wiest Permit No. 99-22 Page 2 of 4 ADDITIONAL CONDITIONS 3) The waterward edge of the authorized docking facility shall be staked by the permittee prior to the start of the dock construction and the permittee shall contact the appropriate DCM Field Representative for an inspection to verify the authorized dock length and distance from normal high water. The stake shall remain in place for the duration of the construction project. 4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged 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. 5) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed five (5) feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured from the bottom of the decking. 6) The authorized pier spanning the navigable shore parallel slough shall provide a minimum vertical navigational clearance of 6 feet, as measured from the normal high-water level to the lowest portion of the pier structure. The authorized pier shall provide a minimum horizontal navigational clearance of 14 feet. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) This permit authorizes a maximum of one (1) formalized boat slip. 9) The footprint of the covered boatlift shall not exceed the dimensions on the authorized workplans. 10) The authorized covered boatlift shall be single story, and shall not be designed to allow for second story use. 11) The authorized covered platform shall not be enclosed. 12) The roof of the covered platform shall not be designed for second story use. 13) 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. 14) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Kurt and Nicole Wiest Permit No. 99-22 Page 3 of 4 ADDITIONAL CONDITIONS 15) Prior to initiation of construction of the docking facilities, the permittee shall contact a representative from the Division of Coastal Management at (252) 515-5400 and arrange for an on-site meeting with a Division representative and the shellfish franchise holder. At this meeting, the applicant shall allow the franchise holder the opportunity to mark a navigation route from the end of the pier to the outer edge of the franchise. These navigation routes shall be marked with PVC pipe extending at least three feet above the NHW line. The pipes shall remain in place for the life of the permitted docks, unless removal of the pipes is specifically requested by the shellfish franchise holder. The permittee shall also take measures to ensure that all future users of this docking facility is aware of the location and proper use of these navigational routes. 16) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat does not result from the construction and/or operation of the authorized facilities. Should dredging of these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal Resources Commission prohibit new dredging within SAV beds. 17) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. Sedimentation and Erosion Control 18) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. USACE Conditions 20) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf. General 21) 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. 22) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Kurt and Nicole Wiest Permit No. 99-22 Page 4 of 4 ADDITIONAL CONDITIONS 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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2022-01447). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification No. 005100 and assigned the project DWR Project No. 2005-0821 v2. NOTE: Future development of the permittee’s property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 August 31, 2022 DWR #20050821v2 Onslow County Kurt and Nicole Wiest 167 Big Hammock Point Road Sneads Ferry, NC 28460 Subject: Approval of Individual 401 Water Quality Certification Wiest Docking Facility USACE Action ID. No. SAW 2021-02213 Dear Mr. and Mrs. Wiest: Attached hereto is a copy of Certification No. WQC005100 issued to Kurt and Nicole Wiest dated August 31, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. The waters of Chadwick Bay in this area are classified as SA,HQW by the Division of Water Resources (DWR) and has been designated as Primary Nursery Area (PNA) by the Division of Marine Fisheries (DMF). The DMF has identified SAV habitat within the proposed project area as referenced by the August 30,2022 memo. Please understand that the waters around your project area have been identified as a Primary Nursery Area and contains SAV habitat and the DWR DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 2 of 9 supports the concerns and recommendations regarding new shading impacts within these designated areas that were submitted by the Division of Marine Fisheries on August 30, 2022. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431- 3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 3 of 9 This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact John Perry at 910-796-7341 or john.perry@ncdenr.gov if you have any questions or concerns. Sincerely, Tom Tharrington Assistant Regional Supervisor Water Quality Regional Operations Section cc: Josh Barber (via email) Liz Hairr, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA, (via email) Gregg Bodner, DCM (via email) DWR 401 & Buffer Permitting Branch Electronic file DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 4 of 9 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC005100 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Kurt and Nicole Wiest, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on June 28, 2022 and by Public Notice issued by the Division of Coastal Management on July 19, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Plan Reference Open Waters (incorporated) 2,082 ft2 Narrative Coastal Wetland Shading 925 ft2 This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 5 of 9 3. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: 15A NCAC 02B .0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule [including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 4. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor-owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 6 of 9 streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 5. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 6. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 7. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 7 of 9 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 8. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 8 of 9 producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 11. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 12. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 13. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405 910.796.7215 Kurt and Nicole Wiest DWR# 20050821v2 Individual Certification #WQC005100 Page 9 of 9 This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 31st day of August 2022 Sincerely, Tom Tharrington Assistant Regional Supervisor Water Quality Regional Operations Section TT/JP DocuSign Envelope ID: 5FD55EE3-AE8C-4497-8248-57B19AD65583 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE Precautionary Measures for Construction Activities in North Carolina Waters The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal agency responsible for the protection and recovery of the West Indian manatee under the provisions of the Endangered Species Act. Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly submerged, making them difficult to detect even in shallow water. While the manatee’s principal stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North Carolina with most occurrences reported from June through October. To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary measures for general construction activities in waters used by the species. Implementation of these measure will allow in-water projects which do not require blasting to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act. These measures include: 1. The project manager and/or contractor will inform all personnel associated with the project that manatees may be present in the project area, and the need to avoid any harm to these endangered mammals. The project manager will ensure that all construction personnel know the general appearance of the species and their habit of moving about completely or partially submerged in shallow water. All construction personnel will be informed that they are responsible for observing water-related activities for the presence of manatees. 2. The project manager and/or the contractor will advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act and the Endangered Species Act. 3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel movement, all appropriate precautions will be implemented to ensure protection of the manatee. These precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet of the operational area of the equipment. Activities will not resume until the manatee has departed the project area on its own volition (i.e., it may not be herded or harassed from the area). 4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife Resources Commission (ph. 252.448.1546). 5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel operator. The sign should state: CAUTION: The endangered manatee may occur in these waters during the warmer months, primarily from June through October. Idle speed is required if operating this vessel in shallow water during these months. All equipment must be shut down if a manatee comes within 50 feet of the vessel or operating equipment. A collision with and/or injury to the manatee must be reported immediately to the U.S. Fish and Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service (252.728.8762), and the North Carolina Wildlife Resources Commission (252.448.1546). 6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during project activities. Upon completion of the action, the project manager will prepare a report which summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field Office. 7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All vessels will follow routes of deep water whenever possible. 8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in which manatees cannot become entangled; (b) secured in a manner that they cannot break free and entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangl ed. Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat. Prepared by (rev. 06/2003): U.S. Fish and Wildlife Service Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 919/856-4520 Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and muddy waters of coastal North Carolina, one normally sees only a small part of the head when the manatee raises its nose to breathe. Illustration used with the permission of the North Carolina State Museum of Natural Sciences. Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987- 3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.