123-18 Minor Mod 2022 Windfare Condminiums LLC

Permit Class
MODIFICATION/MINOR
Permit Number
123-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vern't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Windfare Condominiums LLC., 8504 Towneley Place, Raleigh, NC 27615
Authorizing development in Carteret County adi. Bogue Sound, at 403 Old Causeway Rd., in
Atlantic Beach
, as requested in the permittee's application dated "Rec MP Section
MHD 12/5/22", including attached workplan drawings (1), dated "Rec MP Section MHD 12/5/22".
This permit, issued on December 21, 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
De suciect to rmes, imprisonment or ctvn action; or may cause the permit to oe nun anu vuiu.
Docking Facility Expansion
1) This permit authorizes only the floating dock and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of these docking facilities 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
December 31, 2023
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.
L1/
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

DCM Coordinator: "2 Permit #• 179 CIS ae;cr—
MAILING DISTRIBUTION SHEET
Permittee:�lwd'iQI'L �ra..�0..l�bic�r+� C�� ' Z�70r/ f� r,.YiPLsi �(a� ' /
Agents: ��1_ ACt7i�� �iJ��.tai / tce���
/ �JO
Z7(ds
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City 04� Wilmington (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bettie, 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 (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley at [e-mail]
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD)
Marine Fisheries: Kim Harding Jimmy Harrison
NC DOT: David Hanes
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Robert Tankard — 401
Glenn Stewart - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401! Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Bnmswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARO)
Natural Heritage
�Program
� Rodney Butler I
LPO: I A+- ;z � s14F�
(NCDOT) Travis Wilson

Windfare Homeowners Association
Channel Bay Dr. Atlantic Beach, NC 28512
Scale: 1/4" = T
1 —
4--- 8 ---)M
A
CJl
Ems
5' x 16' Hog Slat
Existing Seawall
R. EC`N ED
DEC - "
NIP SECTION A.111 D
Existing Finger Dock
& Boat Lift to Remain
5' x 16' Hog Slat
Wooden Floating Dock
® Fixed Hog Slat Dock
Aluminum Gangway
Existing Finger Dock
& Boat Lift to Remain
0 Piling Hole/Ring

ROY COOPER
Governor
ELIZABETH S. SISER
Secretary
BRAXTON DAVIS
Director
October 31, 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)
cregg.bodnar(a)NCDENR.goy
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greag,Bodnar at the address above by November 21, 2022 If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as
"Additional comments may be attached"
PRINT NAME
AGENCY
SIGiVATURE
DATE
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.
41a Ml E
m�neinnervaranmenwawn� p'-
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City office 1 400 Commerce Averme I Moorehead City, North Carolina 28557
252.808.280

ROY COOPER
Governor
EL►ZABETH S. B1SER
secretary
BPAXTON DAVIS
Director
DATE:
TO:
THRU:
FROM:
SUBJECT:
NORTH CAROLINA
Environmental Quality .
MEMORANDUM
August 22, 2022
Gregg Bodnar
Heather Styron
Brad Connell
Windfare Condominums LLC and State Permit # 123-18
Please find correspondence enclosed dated July 14, 2022 from Mr. Doug Watkins, of
Edgewater Marine Construction, requesting a permit modification. State Permit #�23-18
was issued for condo and dock construction at 402 Old Causeway Road adjacent to Bogue
Sound, Carteret County. The permit expires on December 31, 2023.
The request by the permittee is to add a floating staging platform. The proposed platform
would be 8' wide and 160' long. It would be sited immediately adjacent to the bulkhead
and connect to the high ground on both ends via gangway attached to 5' by 16' fixed piers.
The purpose of the floating platform would be to support the safe temporary stagging
activities of the condo residents and guests during peak periods of boating activity
The Morehead City District staff would recommend approval of the proposed p]
addition as being consistent with the current conditions of permit # 123-18. A
fee of $100 (check # 1604) has been received in order to process the request.
Enclosure
North Carolina Department of Environmental Quality I Division of Coastal ManlaIgement
_ Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557
N:YiY14.M1
232.415.5400

N.G. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: %h nrr�> PA2E Town) µo E S L LC
Address of Property: C tiANt4E L 13AY A"fLj dJ ` �- 13 = Ac 1" , r4C 2% f l U
.Mailing Address of Owner: ` `�04 Town, E L C Y PLAI C
Owner's email: TO WJr-OLUT f 1e C1+ 't-�wner's Phone#:
Agent's Name: Doug Watkins Agent Phone#: [phone]
i
Agent's Email: [e-mail]
I
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom portion to be completed by the Adiacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawing with dimensions must be provided with this letter. I
✓ I DO NOT have objections to this proposal. I DO have objections to this proposal.
if you have objections to what is being proposed, you must notify the N.C. Division of Coastal
Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be
mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at [phone], No response is considered the same as no objection if you have been not Itried by
Certified Marl.
WAIVER SECTION
1 understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift,) or groin
must be set back a minimum distance of 15' from my area of riparian access unless waived by met (this
does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the
appropriate blank below.)
1 DO wish to waive somelall of the 15' setback
Signature of Adjacent Riparian Property Owner
-OR-
I do not wish to waive the 15' setback requirement (initial the blank)
Signature of Adjacent Riparian Property Owner. IDS-Trri� ' n
Typed/Printed name of ARPO: Iq -L }4 rhl C- )l 6 p
Mailing Address of ARPO:
ARPO's email: ARPO's Phone#:
Date: ! 2 o 1. j-'waiver is valid for up to one year from ARPO's Signature'
I
Revised May 2021

Complete items 1; 2, and 9. 11 "
Print your name and address on the reverse j(
so that we can return the card to you.
Attach this card to the back of- the malipleoe, B'
or on the front if scace permits.
Article Addlassed to: D.
�NYLLtS SECN�'.EST '-
t?
Agent
rm
❑ plenty ❑l Mail ress
.Aeglsteremtl Mo0^'
Itrfctod DdVM ❑ ReBI%W Wq Restricted
De very
ctedDelivay ❑ Signature Donflnngon*"
❑ Signatures Donnrrnatlon
Rest ted Delivery Restricted Cauvery
7022 0410 0001 4105 3600 dI Restrlotd DMWIY
3 Form 381'1, July 2020 FSN 1530-02-000-9053 Domestle Return Recelpt>

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
C.22.1Q..31.Vkt
October 31, 2022
MEMORANDUM:
NORTH CAROUNA
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)
arecc.bodner a(�NCDENR.Qov
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
Please Indicate below your agency's position or viewpoint on. the, proposed project and
retum this form to Greaa Bodnar at the address above by NOVember 21, 2022. if you have any
questions regarding the proposed,project; contact Brad Connell 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
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 cnc^t 1� n n
AGENCY T1G IZC RECEIVED
SIGNATURE A,T—
DATE II-lG-�a7� NOV 1 6Z72
P EDoECTI®N mm
North Carolina Department of Environmental Quality I Divisiono(Coastal Managt
Morehead City office 1 400 Commerce Avenue.'I Moorehead City, NorthCarolina
252.808.2808

DCM Coordinator: Gregg Bodnar
Applicant:
Distributed Yes® No ❑
Date:
X16I 3 t
AGENCY
WIRO
WARD
1
LPO
S
Rachel Love Adrick MHC
Rachel Love Adrick Washingon
DCM Planner
Mike Christenbury Wilmington
Charlan Owens Eliz City
US COE:
Liz Hair a �9 (r t�
Raleigh Bland (Beaufort Camden, Chowan,
(Carteret nslow, ender)
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Jordan Jessup (TBD)
Josh Peletier — (Bertie, Currituck, Dare, Gates,
Greg Curry (TDB)
Pamlico, Pasquotank, Washington)
US COE (NC DOT)
(Brunswick, New Hanover)
DOT - Tom Steffans — (Beaufort, Carteret,
DOT Brad Shaver
Craven, Pamlico
(Brunswick, New Hanover, Onslow,
Pender)
Mark Zeigler (Onslow, Pender, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort, Carteret Craven, Eliz
Ifte Padrick (Beaufort, Carteret, Craven
City, Pamlico, Washington)
Eliz City, Pamlico, Washington AJ
Cultural Resources
Renee Gledhill -Earley A�rcl
Renee Gledhill -Earley
Div. of Water
Infrastructure
Heidi Cox AC.-
Clif Whitfield
Marine Fisheries (
Kimberlee Harding �Yg ttr r(
Jimmy Harrison
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon Gupton AShannon
Jenkins & Sharon Gupton
Tim Walton & Mike Moser & Wanda
State Property
Hillard
Tim Walton & Mike Moser & Wanda Hillard
DEMLR/DWR:
Sheri A. Montalvo/Shelton Sullivan
Sheri A. Montalvo/ Shelton Sullivan
(NC DOT)
Kristy Lynn Carpenter 2-14'1s
Kristy Lynn Carpenter
DEMLR
Sediment & Erosion
Dan Sams
Sami Dumpor
Storm water
Christine Hall
Roger Thorpe
DWR 401
Holley Snider (Carteret New Hanover
Anthony Scarbraugh
Onslow, Pender,)
Chad Coburn (Brunswick)
(NC DOT)
Joanne Steenhuis Brunswick, New
Garcy Ward
Hanover, Onslow, Pender
WRC
Maria Dunn (WARD) Ff&
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program
Rodney Bulter
Rodney Bulter
S:\Amanda Cannon\Majors\Misc Major Forms\Comment Sheet - sending for comments.docx
Revised: 5/7/2019

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS'
Director
October 31, 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 CDEN R.gov
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
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 NOvember 21, 20222 If you liave any
questions regarding the proposed project, contact Brad Connell 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended t
are incorporated. See attached.
This agency objects to the project for reasons described in the
comments.
PRINT NAME Mark Brown
AGENCY Public Water
SIGNATURE ir� /e
DATE 11/1/22
NOV 1
NIP SE.CTI
MPHD
D �71� North Carolina Department of Environmental Quality I Division of Coaste
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North
oeo rcwmewimamv� /'� 252.808.2808

From: Hair. Sarah E CN USARMY CESAW (USA)
To: Bodnar. Greco
Cc: Snider. Holley
Subject: [External] RE: CAMA Minor Modification to *123-18
Date: Thursday, November 3, 2022 3:42:52 PM
Attachments: imaae001.ono
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to RaugLt5pan
The Corps authorization associated with this project expired December 31, 2021. The modification
request will be coordinated via the 291 process. Corps Action ID: SAW-2018-02052 (Windfare
Condominiums/Hyde Investors, LLC)
Thanks,
Liz
From: Cannon, Amanda J <[e-mail]>
Sent: Monday, October 31, 2022 12:38 PM
To: Foxworth, Eugene<[e-mail]>; Sheila Slater
<[e-mail]>; Hair, Sarah E CIV USARMY CESAW (USA)
<[e-mail]>; Padrick, Lee <[e-mail]>; DCR -
Environmental _Review <[e-mail]>; Cox, Heidi <[e-mail]>;
Harding, Kimberlee k <[e-mail]>; Harrison, James A
<[e-mail]>; Harris, David B <[e-mail]>; Jenkins, Shannon
<[e-mail]>; Gupton, Sharon <[e-mail]>; Walton, Tim
<[e-mail]>; Moser, Mike <[e-mail]>; Montalvo, Sheri A
<[e-mail]>; Sullivan, Shelton <[e-mail]>; Sams, Dan
<[e-mail]>; Hall, Christine <[e-mail]>; Snider, Holley
<[e-mail]>; Dunn, Maria T. <[e-mail]>; Butler, Rodney A
<Rod ney. [e-mail]>
Subject: [Non-DoD Source] CAMA Minor Modification to #123-18
MINOR MODIFICATION
Hello All!
Please accept this correspondence as the official distribution a CAMA Minor Modification to Major
Permit 123-18.
Attachments include: Field Investigative Report, work plans, comment sheet, and any other
documents intended for you.
NO Please complete the bottom portion of the comment sheet with your information
and signature.
*RETURN TO GREGG BODNAR at gregg,bodnarna=nedennf<ov*
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Gregg Bodnar at greee.bodnar(4ncdenr.gov or (252) 515-
5416
Thank you!

ROY COOPER
Governor
ELIZABETH S. BISER
5ecrefory
BRAXTON DAVIS
Dlm mr
October 31, 2022
NORTH CAROLINA
Envlronmen tar Quallty
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Office: 252-515-5416 (Courier 11-12.09)
greaa.bodnar aCINCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greuu Bodnar at the address above by;NOVember 21, 202Z If you have
questions regarding the proposed project, contact Brad Connell 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
I his agency has no objection to the protect as proposea.
"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
Lee Padrick
AGENCY
NC Commerce
SIGNATUR_ E
�1 J/
� /�
RI E
DATE
10-31-22
OCT 3 1
WIP Ss CTI
D_EQ� North CatoihmDepartment ofEnvironmental Quality I Division of
Morehead City Office 1400CommerceAvenue I Rloorchead Clty,
25L80112808
N NIND

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 31, 2022
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)
greag.bodnar(a)NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by NOVember21 r 2022 If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as
"Additional comments may be attached"
x
PRINT NAME
AGENCY
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.
Dan Sams
DEMLR
SIGNATURE D
DATE
Nov 10, 2022
LE QV
NOV 1 0 2022
North Carolina Department of Environmental Quality l Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.8082808
v

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
October 31, 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.bodnar o(7NCDENR.gov
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
Please indicate below your agency's position or viewpoint on the proposed project and
retum this form to Gregg Bodnar at the address above by November 21, 2022% If you h ve any
questions regarding the proposed project, contact Brad Connell 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 NAM_ E Andrew Haines
AGENCY t
DMF - ��ShellfishLSanitation and Recreational Water Quality
n
SIGNATURE 06�I/ 17 tU,,&0 for Shannon Jenkins ��R, �
DATE
11/21/2022 RECE— ti" +Ld
NOV 2 1 1022
�I
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

Received: 11/17/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON'DAVIS
Director
October 31, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
ER 18-3389
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(d) NCD ENR.gov
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
Due: 111/2112022
i
Please indicate below your agency's position or viewpoint on the proposedproject and
return this form to Gregg Bodnar at the address above by NOVembe/ 2i. 2022 If you
questions regarding the proposed project, contact Brad Connell 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
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 attache)
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY State Historic Preservation Office
DATE November 22, 2099
North Carolina Department of Environmental Quality I Division of
Morehead City Office 1400 Commerce Avenue t Moorehead City,
o'Wr"' /� 252,8082808
any
NOV 2 2 12022

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON'DAVIS
Director
October 31, 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)
areag. bod nar(a)NCDEN R.gov
SUBJECT: CAMA Application Review
Applicant: Windfare Condominums LLC
Project Location: 402 Old Causeway Rd, Carteret County
Proposed Project: Minor Modification #123-18
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 N6y_em_ber'21. 202Y If you have any
questions regarding the proposed project, contact Brad Connell 252-515-5413.
when appropriate, in-depth comments with supporting data is requested.
This agency has no objection to the project as proposed.
**Additional comments Irlefbeetieefree! * below**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended change:
are incorporated. See attached.
This agency objects to the project for reasons described in the attache
comments.
PRINT'NAIVIE James Harrison
AGENCY NCDMF
gamr?'r ■.., i.�i[
DATE 30 November 2022
Ensure pilings are not installed directly into areas supporting shellfish
resources. IECEIVE®
-JAH, NCDMF
NOV 13 0 2022
D �.... North Carolina Department of Environmental Quality I Divisla ag Ma ` 40 Yid M H D
�.1J51 Morehead City Office 1 400 Commerce Avenue I. Moorehead City, North Caroll a 28557
MOAT wo�wry !/ 252.808.2808

Bodnar, Gregg
From: Snider, Holley
Sent: Monday, December 19, 2022 5:54 PM
To: Hair, Sarah E CIV USARMY CESAW (USA); Bodnar, Gregg; Luck, Cameron A
Subject: RE: [External] RE: CAMA Minor Modification to #123-18
Attachments: GC4497 final.pdf -lq��
Zo22
Good day All,
The project does not require written approval and remains consistent with the attached water quality certification. Feel
free to call or email me if you have any questions.
Sincerely,
Holley Snider... ><((((°>......
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
D E
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Thursday, November 3, 2022 3:42 PM
To: Bodnar, Gregg <[e-mail]>
Cc: Snider, Holley <[e-mail]>
Subject: [External] RE: LAMA Minor Modification to #123-18
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
The Corps authorization associated with this project expired December 31, 2021. The modification request will be
coordinated via the 291 process. Corps Action ID: SAW-2018-02052 (Windfare Condominiums/Hyde Investors, LLC)
Thanks,
Liz
From: Cannon, Amanda J <[e-mail]>
Sent: Monday, October 31, 2022 12:38 PM
To: Foxworth, Eugene <[e-mail]>; Sheila Slater <[e-mail]>;
Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>; Padrick, Lee <[e-mail]>;
DCR - Environmental —Review <[e-mail]>; Cox, Heidi <[e-mail]>; Harding,
Kimberlee k <[e-mail]>; Harrison, James A <[e-mail]>; Harris, David B
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>, Moser, Mike <[e-mail]>;

Montalvo, Sheri A <sheri.montalvo ncdenr.gov>; Sullivan, Shelton <[e-mail]>; Sams, Dan
<[e-mail]>; Hall, Christine <[e-mail]>; Snider, Holley <[e-mail]>;
Dunn, Maria T. <[e-mail]>; Butler, Rodney A <[e-mail]>
Subject: [Non-DoD Source] CAMA Minor Modification to #123-18
MINOR MODIFICATION
Hello All!
Please accept this correspondence as the official distribution a CAMA Minor Modification to Major Permit 123-18.
NOTE_Please the botto portion of the comment she t with your information and signature r you.
complete
Attachments include Field Investigative Report, work plans, comment sheet and another documen intended f
RETURNeTO GREGG BODNAR at gre`ga.bodnarCaincdenr.eovb I
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) 51
Thank you!
Amanda Cannon
D�—Q��Jg Permit Support Coordinator, Division of Coastal Management
r"' North Carolina Department of Environmental Quality
252. 515.5406 (Office)
Amanda.cannon@ncdenngov
Efrklif:G�%r rx7 °{+,ra io;rtd. maia&i;lrc. t,;v*C,xi(mini Aw/i Arun] PQ ,fkcixd� Ut tru
Click HERE to Find the DCM Field Rep in your CAMA region.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
DATE:
December 19, 2022
NORTH CAROLINA
Environmental Quality
FROM: Holley Snider
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20221475
No Written Approval Required
PROJECT LOCATION:402 Old Causeway Road, Atlantic Beach, Carteret County
Windward Condominiums Docking Facility
PROPOSED PROJECT: Construction of floating staging platform
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request received by this office on October 31, 2022. The waters of Bogue Sound are classified as
SA;HQW by the Division of Water Resources (DWR).
In accordance with the attached General Certification #4497 (GC 4497), the impacts described in
your application do not require written authorization to utilize GC 4497. However, you are required
to follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(but not limited to erosion and sedimentation control regulations and state stormwater
requirements before you proceed with your project). Also, the approval to proceed iwith your
proposed impacts to waters a depicted in your application shall expire upon expiration of the 404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1501B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
i
R i E
DEC 2 1 2622
North Carolina Department of Environmental Quality 1 Division of Water Resources
D_E Q�� 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406
wan+ruw� 910.796.7215
o� �u.u�cionv�

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

December 30, 2022

Regulatory Division

Action ID No. SAW-2018-02052 and State Permit No. 123-18

Windfare Condominiums LLC
8504 Towneley Place
Raleigh, NC 27615

Windfare Townhomes LLC
PO Box 911
Raleigh, NC 27602

To Whom it May Concern:

Reference your permit modification request to add a floating staging platform, measuring
8’ wide and 160’ long. It would be sited immediately adjacent to the bulkhead and connect to
the high ground on both ends via gangway attached to 5’ by 16’ fixed piers. The purpose of the
floating platform would be to support the safe temporary staging activities of the condo residents
and guests during peak periods of boating activity.

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, telephone [phone] or by email: [e-mail].

-2-

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

Enclosures:

CAMA permit modification dated 12/21/2022
GP 291 conditions
Manatee Guidelines

Electronic copy Furnished with enclosures:

Mr. Doug Watkins; Edgewater Marine Construction
NCDEQ/DCM; Gregg Bodnar/Cameron Luck

Permit Class Permit Number
MODIFICATION/MINOR 123-18
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

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Windfare Condominiums LLC., 8504 Towneley Place, Raleigh, NC 27615
Authorizing development in Carteret County adj. Bogue Sound, at 403 Old Causeway Rd., in
Atlantic Beach , as requested in the permittee’s application dated “Rec MP Section
MHD 12/5/22”, including attached workplan drawings (1), dated “Rec MP Section MHD 12/5/22”.
This permit, issued on December 21, 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

December 31, 2023

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 Expansion

1) This permit authorizes only the floating dock and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of these docking facilities 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)

Windfare Condominiums LLC. Permit No. 123-18
Page 2 of 2

ADDITIONAL CONDITIONS

2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facilities. Any sewage discharge at the docking facilities 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.

3) 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.

4) This permit does not authorized any additional formalized boat slips, the docking facility expansion
shall be used for transient boat docking only.

5) 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.

6) To reduce direct impacts to oyster resources, the permittee shall, in consultation with the NC Division of
Marine Fisheries, relocate all oysters falling within the footprint of pilings to an area immediately
adjacent to the project area.

General

7) 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.

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

9) This Major Modification shall be attached to the original Permit No. 123-18, which was transferred to
the permittee on 11/16/18, as well as all subsequent renewals, and copies of all documents must be
readily available on site when Division personnel inspect the project for compliance.

10) All conditions and stipulations of the active permit remain in force, under this Major Modification,
unless specifically altered herein.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required by the U.S. Army Corps of Engineers (COE Action Id. No. SAW- 2018-02052).

NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2022-1475.

NOTE: A minor modification processing fee of $100 was received by DCM for this project.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally-listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee’s principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these 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.