10-14 Malpass, Mark

Permit Class
NEW
Permit Number
10-14
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
V erm 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
n
Issued to Mark T. Malpass,176 Flamingo Lane, Sneads Ferry, NC 28460
Authorizing development in Onslow County at Stump Sound (AIW W). 176 Flamingo
Lane, Sneads Ferry , as requested in the permittee's application dated 11/20/13 (MP-1 & MP-2)
and 11/14/13 (MP-4), including the attached workplan drawings (3), all dated revised 11/20/13
This permit, issued on Jarmarov_Zy 2014 , 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.
Dockiny- Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and
uses that are expressly and specifically set forth in the attached permit application and workplan
drawings. 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 pen -nit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2017
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 DENR and the
Chairman of the Coastal Resources Commission.
�,- Braxt6fi C. Davis, Director
Division of Coastal Management
This permit aHH its conditions are hereby
of Pemrittee

Mark T. Malpass
Permit #10-14
Page 2 of 4
ADDITIONAL. CONDITIONS
3) empt shall be made by the permittee to prevent the full and free use by the public of all navigable
t at or adjacent to the authorized work.
4) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
5) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
6) The pem- ittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
7) This permit authorizes 1 new formalized boatslip at this docking facility for a total of 3 formalized
boatslips associated with this docking facility and the existing docking facility.
Excavation
8) The alignment of the permitted dredge area shall be staked by the permittee and approved by a
representative of the Division of Coastal Management, prior to the initiation of dredge activities.
9) In accordance with commitments made by the permittee, no excavation shall take place within 10' of
any Coastal Wetlands, or within 10' of any SAV.
10) No excavation shall take place outside the area indicated on the attached workplan drawings.
11) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
12) In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the Division of Coastal Management.
13) The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
Spoil Disposal
14) To prevent impacts to the Coastal Wetlands in the proposed spoil offloading area, the spoil material
offload area shall be staked by the permittee and approved on site by a representative of the Division of
Coastal Management prior to the initiation of any dredge activities.

Mark T. Malpass Permit #10-14
Page 3 of 4
- ADDITIONAL CONDITIONS
All excavated .materials shall be confined above normal high water level and landward of regularly or,
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
f6) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
t
1) No spoil material shall be placed within 30 feet of the normal high water line.
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).. A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
f•
Maintenance Clause
i.
F-
1 . 20) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
y maintenance work authorized by this permit and that notification include:
a. The number of the original permit
b. A statement that no dimensional changes are proposed
c. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
k and the area to be used for dredge spoil, and the estimated amount of material to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan
' General
The permittee understands and agrees that, if future operations by the United States requires the
( removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
" opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
j22)'. No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification.
f,
23) No open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the
attached workplan drawings.
Ee 24) ' 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.
i
4

Permit #10-14
Page 4 of 4
ADDITIONAL CONDITIONS
25) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
'NOTE:
NOTE:
This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
13-1236.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2013-02176, which was issued on 1/15/14.
F'.

�4 0
VC® NR
North Carolina Department of Environment andAatural Resources
Division of Coastal Management
Pat McCrory
Governor
Mark T. Malpass
176 Flamingo Lane
Sneads Ferry, N.C. 28460
Dear Sir or Madam:
Braxton C. Davis
Director
January 21, 2014
W
John E. Skvarla, III
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20) days
of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal 1 .
Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried
out in accordance with your application. Modifications, time extensions, and future maintenance requires additional
approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are
having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To` hcilitate this review, we request that you
complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit
conditions, environmental safeguards, or problem areas, you may contact'Department personnel at any time for assistance.
By working in accordance with the permit, you will be helping to protect our vitally important coastal resources.
Sincerely,
eft
G�
G
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] k FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Aeon Employer

13
-Permit Class
NEW,
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Permit Number
10-14
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Mark T. Malpass,176 Flamingo Lane, Sneads Ferry, NC 28460
Authorizing development in Onslow County at Stump Sound (AIWW), 176 Flamingo
Lane, Sneads Feny as requested in the permittee's application dated 11/20/13 (MP-1 & MP-2)
and 11/14/13 (MP-4), including the attached workplan drawings (3), all dated revised 11/20/13
This permit, issued on .Ianuary 22, 2614 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.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers and other structures and
uses that are expressly and specifically set forth in the attached permit application and workplan
drawings. No other structure, whether floating or stationary, shall become a permanent part of this
docking facility without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over public trust waters without permit modification.
;2). No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
`-'This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Braxt6fit. Davis, Director
Any maintenance work or project modification not covered
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on
December 31, 2017
- In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
This permit and its conditions are hereby accepted.
Signature of Pemrittee

r
Mark T. Malpass Permit #10-v14
Page 2 of 4
ADDITIONAL CONDITIONS
3): No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
4) . The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
<6) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
'7) : This permit authorizes 1 new formalized boatslip at this docking facility for a total of 3 formalized
boatslips associated with this docking facility and the existing docking facility.
Excavation
The alignment of the permitted dredge area shall be staked by the permittee and approved by a
representative of the Division of Coastal Management, prior to the initiation of dredge activities.
i-;` In accordance with commitments made by the permittee, no excavation shall take place within 10' of
any Coastal Wetlands, or within 10' of any SAV.
)) No excavation shall take place outside the area indicated on the attached workplan drawings.
11) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters.
In order to protect juvenile finfish resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the Division of Coastal Management.
'13) ' The temporary placement of double handling of excavated materials within waters or vegetated wetlands
is not authorized.
" Spoil Disposal
4),"` To prevent impacts to the Coastal Wetlands in the proposed spoil offloading area, the spoil material
offload area shall be staked by the permittee and approved on site by a representative of the Division of
Coastal Management prior to the initiation of any dredge activities.

T, Malpass
ADIDITIONAL CONDITIONS
Permit #10-14
Page 3 of 4
All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of
solids into any wetlands or surrounding waters.
The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
initiation of any dredge activities.
17) No spoil material shall be placed within 30 feet of the normal high water line.
!
Sedimentation and Erosion Control
In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
4 i9)_ A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
i
d Maintenance Clause
20) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit and that notification include:
a. The number of the original permit
b. A statement that no dimensional changes are proposed
c. A copy of the original permit plan(s) with cross -hatching indicating the area to be maintained
t and the area to be used for dredge spoil, and the estimated amount of material to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan
!' General
21)` The permittee understands and agrees that, if future operations by the United States requires the
' removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
e .22).. No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification.
f
23) No open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the
' attached workplan drawings.
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.
t
y

Permit #10-14
Page 4 of 4
ADDITIONAL CONDITIONS
25) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE
Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
13-1236.
The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2013-02176, which was issued on 1/15/14.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Mark Malpass
2. LOCATION OF PROJECT SITE: The property is located at 176 Flamingo Lane, in Sneads Ferry, Onslow
County.
Photo Index - 2006: 30-6565, K, L 6-7 2000: 30403, L, M 7-8 1995: 30-390, R-S, 12-13
State Plane Coordinates - X: 3054501 Y: 1580113 GPS File: N070713A
Lat: 34°32'52.01 "N Long: 77°21'40.08"W
INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—11/18/13
Was Applicant Present — No
PROCESSING PROCEDURE: Application Received — Completed on 11/21/13
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Onslow County
Classification From LUP-AEC areas are classified Conservation and Resource Protection
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — On -site
Planned - None
(F) Type of Structures: Existing — Residence, pier and dock
Planned — additional pier and viewing platform
(G) Estimated Annual Rate of Erosion: N/A Source - N/A
HABITAT DESCRIPTION: [AREA)
DREDGED FILLED OTHER
(A) Vegetated Wetlands —Coastal
(B) Non -Vegetated Wetlands - open water
+/-19,200 sq.
512 sq. ft.
ft.
(incorporated)
(C) Other (Highground)
18,000 sq. ft.
(Spoil disposal)
(D) Total Area Disturbed: 37,712 ft' (0.86 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: Yes
8. PROJECT SUMMARY: The applicant proposes to install a new pier and platform. In addition, he also proposes
to dredge an area approximately 19,200 sq. ft. immediately in front of and adjacent to the prrs.
itt GIIVED
10
DEC 0 2 2013
lX!AV_HDC:Y

Mr. Mark Malpass
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 176 Flamingo Lane, adjacent to the AIW W, in Sneads Ferry, Onslow County. To get to the
site from the Wilmington Regional Office, take US Hwy 17 N to Old Folkston Road in Holly Ridge (approximately 30
miles) and turn right. Continue approximately 7 miles along Old Folkstone Road (crossing through at the intersection of
Old Folkstone and NC Hwy 210) and turn right onto Clay Hill Road. Follow Clay Hill Road until you reach the stop sign
and then turn right onto Sneads Ferry Road, which becomes Peru Road. Travel approximately 1.5 miles and turn right
onto Swan Point Road. Take your next left onto Flamingo Lane and the subject property will be located on the right hand
side at the end of the road. The property is gated (possibly locked) and can only be accessed by passing through the gate at
the entrance to the property.
The entire tract is approximately 3.06 acres with approximately 487 linear feet of shoreline. The applicant currently
maintains a single-family residence on the property along with a horse stable along with a private pier and covered
platform and boathouse. Vegetation on the property is limited primarily to lawn grasses and ornamental landscaping with
several Live Oaks scattered along the shoreline. A few Wax Myrtles (AbTica ceri era) are located within the transition
zone, as is Grounsel-bush (Baccharus halimifolia), Marsh -elder (IvaLrutescens) and Goldenrod (Solidago canadensis).
Shoreline vegetation along the upper elevations primarily includes Salt Meadow Grass (�artinapatens), Spikegrass
(Distichlis spicata), Glasswort (Salicornia) and Black Needle Rush (Juncus roemarianus). These grasses taper off near
the high water line where regularly flooded Smooth Cordgrass marsh (&artina alternt oral prevails. The site ranges in
elevation from 1' to 15' above the Normal High Water level. The shoreline is naturally stable and has a moderate
transition from the upper portions down to the waters edge.
Although it appears the subject access channel has a history of having "deeper" water than the suffounding area, the
Division of Coastal Management does not appear to have any records supporting a permit history. Aerial photography of
the subject site depicts the presence of a sand bar (in the same location as it exists today) and a deeper depression behind
the bar, which extends across the lateral bounds of the applicants property. The photos depicting this natural condition
show the state of the property prior to any development, on the subject property (prior to 1984). However, the neighboring
property (Russell Lewis) appears to have been dredge prior to 1989, as evident by aerial photography. It appears that an
entrance channel and boat basin was dug to provide access to Mr. Lewis' dock; however, the Division again cannot
produce any permit history for this site. In response to the aforementioned circumstances, the write is considering the
proposed work as new dredging, with the exception of the entrance channel maintenance and a portion of the access
channel (that in front of Mr. Price's property). It is uncertain whether or not the USACE has any permit history for either
of these properties.
The NC Division of Water Quality has classified the waters of the man-made canals as SA. The NC Division of Marine
Fisheries has NOT designated this area of Topsail Sound as Primary Nursery Area (PNA) and tlwaleeent to the
proposed project are OPEN to the harvesting of shell fishing.
PROPOSED PROJECT:
DEC 0 2 2013
The applicant is seeking approval to construct a 6' x 80' access pier and 16' x 32' observation plat l�pg cjoc, In
addition, the applicant is proposing to maintenance dredge an entrance channel, access canal and boa' h 89 ing to
and around the existing docking facility.
According to the application package, as prepared by the applicant's agent, a new 6' x 80' access pier and 16' x 32'
platform would be constructed along the northern property line. The proposed pier would originate on high ground and
would extend toward the east. A new 16' x 32' "T-head" platform would be constructed at the terminal end of the pier,
and would be positioned just inshore of the existing access channel. As planned, the pier/dock would extend
approximately 75' beyond the edge of the Coastal Wetlands. Existing water depths at the end of the proposed dock range
from -1.5' to -2.0' at Normal Low Water (NLW); however, post dredge depths in this area would be around -4.5', NLW.
The additional pier and dock would supplement the existing facility that is located further south, along the same shoreline.
The existing pier/dock boathouse was permitted in 1998, under CAMA Major Permit #57-97. The waterbody in this area
of Stump Sound measures approximately 650' in width, however the near shore edge of the sand bar is located
approximately 20' from the terminal end of the existing covered boathouse/platform.

Mr. Mark Malpass
Page Three
In addition to the pier structure, the applicant proposes to dredge approximately 1,876 cubic yards (bucket to barge)
within a previously dredged entrance channel, access canal and boat basin. According to the application package,
approximately 1,876 cubic yards (cy) of material would be removed from the area.
The dimensions/extent of the dredge limits would measure approximately 920' (L) x 20' (W) to a final depth of
approximately -4.0', measured at NLW (current depths are approximately -1.5', at NLW). In an attempt to avoid
unnecessary impacts to Submerged Aquatic Vegetation (SAV) and productive shellfish beds, the applicant has stated in
his package that the ` el will be staked prior to,dr deeming" and "will follow the existing channelJalignment. The
methodology for comp 2 areiige ptrtion ofthis protect will require the applicant to begin dredging at the mouth of
the entrance channel where it intersects the AIW W. From there the dredge operator would work inland, through the
entrance channel to the access channel (approximately 240 linear feet). Once the entrance channel has been cleared, the
applicant proposes to dredge approximately 125' to the north, across the riparian corridor of the immediate neighbor
(Daniels), and into the riparian corridor of Mr. Price. Based on previous satellite imagery, this area of the access channel
has previously been dredged and maintained.
In addition, the access channel would be dredged a distance of approximately 500 linear feet along the eastern shoreline of
the applicant's property. The planned dredge cut would extend approximately 50' beyond the existing boat house. At that
point the dredging would cease. A 20' x 40' area beneath the existing covered platform/boathouse would also be dredged
to allow for access to and from the existing boat slips. Dredging around the boat house would also maintain a -4.0' de th,
relative to NLW. applicant states there would be �dging within ' ofCoastal Wetlands;' and"No dredgin
According to the application package, the dredge material would be off-loaded just south of the existing
platform/boathouse. Here, a lush stand of Smooth Marsh Cordgrass exist, as does loose live shellfish (oysters). It should
be noted that the off-loading site is the preferred site of a future boat ramp, as stated and presented by the applicant's
agent, and the writer is concerned that disturbance in this area (as a result of the off-loading) will destroy the existing
Coastal Wetlands. It is recommended if a permit is issued for th io' 114011 � 1rtateriaT along they
shtTeline at an area where no or minimal Coastal Wetlands exitnceo- oa e y barge, the spoil material would be
hau to an upland`area located on the property. As designed, an 18,000 sq. ft. area has been selected for spoil deposition.
The spoil site would be located along the southern side of the existing residence, approximately 200' from the waters edge
and would be appropriately contained.
10. ANTICIPATED IMPACTS
The proposed maintenance dredging would disturb approximately 19,200 sq. ft. of previously excavated shallow bottom
area. Approximately18,000 sq. ft of high ground would be filled as a result of the spoil material deposition. The pier and
platform would incorporate approximately 512 sq. ft. of open water, would be located within %4 of the width of the water
body and within the applicant's area of riparian access (no waiver required). Minor increases in turbidity should be
expected during the dredging event; however no long term adverse impacts are anticipated. Sedimentation and erosion
control structures would be installed to prevent transport of material off the property.
Submitted by: J. Dail Date: November 22, 2013 Office: Wilmington
RECEIVED
a
DEC 0 2 2013
DCM-MHD CITY

Recommendations for State Permit — Mark Malpass
The proposed excavation within the area around the existing entrance channel, access canal and boat basin appears to be
CONSISTENT with15 NCAC 07H.0208 (bxl) and (2). It is the opinion of this office that the area for the proposed
excavation is located in an area that has been historically impacted and in continuous use for docking and navigational
purposes. In addition, the proposed pier and platform appear to be CONSISTENT with 15 NCAC 07H.0208 (b)(6). This
office has no objection to the proposed work provided that it is consistent with all other state and federal permitting
requirements. However, this office requests that an alternative off-loading site be pursued to prevent any impacts to
the Coastal Wetlands that existing in the area of the proposed off-loading area. Any permit issued should include the
following conditions:
In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted between
April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in
conjunction with the Division of Marine Fisheries.
2. Excavation shall not exceed -4.0' below MLW.
The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is
not authorized.
4. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site
by effective sedimentation and erosion control measures and shall be confined to the area above mean high water
and landward of any regularly or irregularly flooded marsh behind adequate retaining structures. Prior to any
land -disturbing activities, a barrier line of filter cloth must be installed between the land disturbing activity
and the adjacent marsh or water areas, until such time as the area has been properly stabilized with a
vegetative cover.
S. All spoil material shall be placed at least 30' from mean high water.
6. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty
(30) working days of project completion.
The spoil area shall be inspected prior to beginning work by a DCM Representative.
8. The entrance channel, access canal and boat basin alignment shall be approved by a DCM representative
prior to dredging.
9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended
sediments in adjacent waters.
10. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site must be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plans
NOTE: This permit does not eliminate the need to obtain any additional state, federal or 1pktnits, approvals
or authorizations that may be required.
DEC 0 2 2013
DCM-V_g9C1"Y

Chad Kimes, PE
104 Newton Road
Hampstead, NC 28443
910-470-4494
dckimes(@charter.net
November 20, 2013
NARRATIVE
For
Mr. Mark Malpass
SCOPE
Mr. Mark Malpass is requesting to construct the following:
1. Maintenance dredge the existing shoreline channel to tie into at
-4.0 NLW at a length of 660' feet and a width of 20' feet.
2. Maintenance dredge the existing access channel to tie into at
-4.0 NLW at a length of 260' feet and a width of 20' feet.
3. Propose anew walkway/dock with sitting area (approximately 80' x 6' walkway,
16'x 32' dock/sitting area).
A scoping meeting was held on November 07, 2013, to discuss this proposal. Based on
the feedback and comments from this meeting, I am submitting the attached Permit
Application.
The maintenance dredging is 920' feet (includes shoreline channel and access channel)
long and will be 20' feet wide. The existing channel is approximately 25'-75' wide. The
channel has natural stabilization on the West side but the majority of erosion is from the
sandbar/shoal from the East, which is sliding over time from the currents and vessel
traffic of the ICW. The maintenance dredging quantities are approximately 1,876 CY at
-4 NLW. This includes maintenance dredging inside the existing boat slips.
The adjacent owner to the North of Mr. Malpass is also in agreement to this propop
This channel will not have any SAV impacts.
DISPOSAL SITE DEC 0 2 2013
Mr. Malpass is requesting to place approximately 1,876 CY of dredged material dlGlffiHDCffY
property. The dredged material will be unloaded south of the existing dock and trucked to
a location on Mr. Malpass' property. The area will be 18,000 sf and will have silt fence
placed around the entire area Once the material dries, the material will be placed in areas
on the property, then seeded and mulched. No fill will be placed within 30' of coastal
wetlands. Under this request, there will not be any impacts to wetlands. The ramps on the
barge will ramp over any coastal wetlands.
9
RECEIVED
DCM WILMINGTON, NC
NOV 212013

Malpass Conti, Page 2
ENVIRONMENTAL IMPACTS
DREDGING: This current proposal has reduced an original proposal of a 30' wide
channel to a 20' wide channel to accommodate minimization. In addition, this proposal is
following the common rule of "follow the deeper water" by maintaining the existing
access channel instead of cutting a new access channel closer to the existing dock. All
dredging will be performed to ensure proper flushing.
A. SAV's
On October 04, 2013, a SAV survey was conducted by Darian Chad Kimes, PE,
Engineering Services. The SAV survey was performed at low tide and the water
clarity was approximately 5' in depth. SAV's were present outside of the access
channel dredging area. SAV's were not established in the existing shoreline
channel.
A total of 2 SAV beds were located to the South of the access channel. "These
beds were primarily widgeon grass. The closest SAV bed was approximately 288
square feet with a density of 80%-90 % and the closest SAV bed to the access
channel was 500' feet. These are shown on the plan sheet.
Based on this survey, I am recommending dredging not to be allowed within 10'
of the SAV's. The SAV's should be delineated prior to dredging. There are no
anticipated impacts to SAV's with this proposed project.
B. Shellfish
I do not anticipate any impacts to shellfish. However, there is a shellfish bed
located to the South of the existing access channel. Caution will be used while
dredging in this area
C. Wetlands
I do not anticipate any impacts to wetlands with dredging. All dredging will be a
minimum of 5' from any wetlands.
D. Indian Manatee
Guidelines for Avoiding Impacts to the West Indian Manatee are attached to this
proposal.
t RECEIVED
DEC 0 2 2013
RECEIVED
DCM WILMINGTON, NC
DCM-MHD CITY

Malpass Conti, Page 3
CONTRACTOR
Mr. Mark Malpass has contacted Coastal Dredging to perform this work.
ADJACENT OWNER COMMENT
No objections seen at this time. They are all participating with this proposed project.
CONCLUSION
I, Chad Kimes, as a duly Registered Professional Engineer in the State of North Carolina,
will be representing Mr. Mark Malpass during the Permit process, and will personally
oversee all of this proposed work if requested to by the owner. I am also certified in
Erosion & Sediment Control Level III -A and Level III-B (#181, #204). If there are any
additional questions, please contact me at 910-470-4494.
\\,,\�0%% jIROt ///
��'� 5SIt7 •7 '��
_rya �S3 ;p6
?W
1 113
RECEIVED
a
DEC 0 2 2D?'
RECEIVED
DCM WILMINGTON, NC
NOV 212013
DCM-MHD CITY

APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicand Landowner Informatfon
Business Name
Project Name (if applicable)
NIA
Malpass Dredging
Applicant 1: First Name
MI
Last Name
Mark
T
Malpass
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
176 Flamingo Lane
Sneads Ferry
NC
ZIP
Country
Phone No.
FAX No.
28460
us
410-808-9674
ext.
Street Address (A different from above)
City
State
ZIP
Same
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Chad Kimes, P.E., (Engineer/Consultant)
Agent/ Contractor 1: First Name
Chad
MI
Last Name
Kimes
Agent! Contractor 2: First Name
MI
Last Name
Mailing Address
104 Newton Road
PO Box
City
Hampstead
State
NC
ZIP
28443
No. 1
0 -470-4494 ext.
Phone No. 2
ext.
FAX No.
+Phone
ntractor N
Street Address (if different hom above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>
DEC 0 2 2013
DC.4-YHDCnT
RECEIVED
DCM WILMINGTON. NC
NOV 212013
252.808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.net

Form DCM MP-1 (Page 2 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. N
Onslow,
176 Flamingo Lane
N/A
Subdivision Name
City
State
Zip
Charles Daniels Heirs
Sneads Ferry
NC
28460 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
WA - ext.
6,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Intercoastal Waterway
C. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ®Manmade ❑Unknown
ICW
a. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
®Yes []No
work falls within.
Onslow County
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.R)
487.40 ft
133,495.34 sf (3.06 ac)
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
See attached site plan,
NWL (normal water teveo
(If many lot sizes, please attach additional page with a list)
1'-16 ®NHW or ❑NWL
e. Vegetation on tract
Vegetation on tract includes wetlands, yard grasses, shrubs, and trees.
I. Man-made features and uses now on tract
Exisitng Dock - see attached site plan
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential Lots
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? OYes ONo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. 0Yes RNo CKNA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a 0Yes SNo NA
National Register listed or eligible property?
<Form continues on next page>
m. (8 Are there wetlands on
III) Are there coastal wetlands on the site? ®Yes []No RECEIVED T{ECEiVED
(III) It yes to either (i) or (ii) above, has a delineation been conducted? DCM WILMINGTON�% ®No 10
(Attach documentation, if available) t — _ _
DC,M M.
252-808-2808 :: 1-888-4RCOAST :. www.nccoastaimanagement.net

Form. DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
n. Describe existing wastewater treatment facilities.
Residential Septic
o. Describe existing drinking water supply source.
County Water- Onwasa
p. Describe existing storm water management or treatment systems.
N/A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? UCommercial PublidGovemmerd
®PrivatelCommunity,
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The purpose of this project is to maintenance dredge the existing shoreline channel (660' x 20') and access channel (260'x
20') so there will be 4' of water at NLW. Also a walkway with dock is proposed. The use of this facility is for boating. Daily
operations will be boating. Due to the water depths at the tie-in point, proper flushing will occur.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
There will be one excavator and one barge. Once excavated, the dredged material will be barged to an approved site.
Please see the attachment.
d. List all development activities you propose.
1. Dredge the existing channels to a width of 20 feet to obtain 4' of water @ Normal Low Water.
2. New dock with walkway (6'x 89 walkway with a 16' x 32' dock)
e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance Dredge
f. What Is the approximate total disturbed land area resulting from the proposed project? 19,200 ®Sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public aocessway or other area Yes ONo NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
NONE
I. Will wastewater or stormwater be discharged into a wetland? OYes No LJNA
If yes, will this discharged water be of the same salinity as the receiving water! ❑Yes ❑No ®NA
j. Is there any mitigation proposed? OYes NNo EINA
If yes, attach a mitigation proposal. RE
CEIVED
UUM WILMINGTON, NC
<Form continues on back> , 1 ,.,,,.,
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (q are always applicable to arty major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawird n s
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. DEC 0 2 20
252-808-2808 :: t-888.4RCOAST :: www.nccoastaimanagement.net

Form,DCM MP-1 (Page 4 of 5)
APPLICATION for
Major Development Permit
d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
L A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Mr. Russell Lewis 628 Confederate Drive Sneads Ferry NC 28460
Phone No.
Address
Name Mr. Donald Pnce 215 Connie Drive Goldsboro INC 27530
Phone No
Address
Name Mr. Charles Daniels, Heirs 1124 Whitecroft Drive Raleigh NC 27603
Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Cams Major 57-97
h. Signed consultant or agent authorization form, if applicable.
I. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 11/20/13 Print Name Cha7-1
e , PE
Signature
RECEIVED
Please indicate application attachments pertaining to your proposed project. RECEWW DCM WILMINGTON, NC
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts NOV 212013
❑DCM MP-3 Upland Development DEC 0 2 2013
®DCM MP-4 Structures Information
252-808.2808 :. 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
920
40
Width
20
20
Avg. Existing
Depth
-1.5 NLW
-1.5 NLW
NA
NA
Final Protect
Depth
-4.0 NLW
-4.0 NLW
NA
NA
1. EXCAVATION
a. Amount of material to be excavated from below NHW or NW n
cubic yards.
.rsTs�lavuL � � %
c. (i) Does the area to be excavated include coastal wetlands/ h
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of the excavation in these areas:
b.
N/A
❑This section not applicable
excavation in cubic yards.
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area.
On site. Once dry, will be used for backfill. See attached
Plan Sheet
c. (1) Do you claim title to disposal area?
®Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlandstmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(ii) Describe the purpose of disposal in these areas:
area.
200xl3Ox2l5x5O
d. (i) Will a disposal area be available for future maintenance?
[]Yes ®No ❑NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
❑Yes ®No ❑NA
(ii) If yes, how much water area is affected?
*, RECErvEn
DEC 0 2 2013
RECEIVED
DCM WILMINGTON, NC
NOV 212013
252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12126/06

Form PCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
[]Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other _ Width:
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill _ Riprap
Breakwater/Sill _ Other _
i. Source of fill material.
U
(Excluding Shoreline Stabilization)
a. (I) Will fill material be brought to the sit
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
a. How will excavated or fill material be kept on
controlled?
Sit Fence, graded, seeding
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes []No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type
®This section not applicable
submerged aquatic vegetation (SAW shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the fill in these areas:
backhoe, or hydraulic dre
Excavator, Barge, Bobcat
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes ®No DNA are? []Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
marpass ureaging
Chad Kimes, PE
plicant Name
RECEIVED
DEC 0 2 2013
RECEIVED
DCM WILMINGTON, NC
Nov 212013
nCA"MG=
252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/26/06

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable
a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public?
❑Commercial ❑Public/Govemment SPrivate/Community []Yes ®No
c. (i) Dock(s) and/or piers)
d. (1) Are Finger Piers included? ❑Yes ®No
(ii) Number 1
If yes:
(iii) Length 8a Pier and
(ii) Number
(iv) Width 6 Pier and 16' x32' Dock
(iii) Length
(v) Floating ❑Yes ®No
dry) Width
(v) Floating ❑Yes []No
e. (i) Are Platforms included? ®Yes ❑No
f. (i) Are Boatlift included? ❑Yes ®No
If yes:
If yes:
(it) Number 1
(ii) Number
(iii) Length 32
(iii) Length
0v) Width 16
IN) Width
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from drlpline dimensions.
g. (i) Number of slips proposed
It. Check all the types of services to be provided.
1
❑ Full service, including travel lift and/or rail, repair or
(it) Number of slips existing
maintenance service
2
❑ Dockage, fuel, and marine supplies
0 Dockage (wet slips') only, number of slips: 1
❑ Dry storage; number of boats:
U Boat ramp(s); number of boat ramps: _
❑ Other, please describe:
i. Check the proposed type of siting:
❑ Land cut and access channel
®Open water, dredging for basin and/or channel
[]Open water, no dredging required
❑Other, please describe:
k. Typical boat length: 14=30'
M. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
i. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open runabout
I. (i) Will the facilrd'lyy be open to the general public?
❑Yes Me
RECEIVED
DCM WILMINGTON, NC
NOV 212013
2. DOCKING FACILITY/MARINA OPERATIONS ®This secion nor applicable
DEC 0 2 2013
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanauemen-t.net revised: 12/27/06

Form DCM MP-4 (Structures, Page 2 of 4)
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number. _; Location:
❑ Showers
❑ Boatholding tank pumpouk Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How, will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of'No Sewage Discharge' signs proposed.
(ii) Give the location and number of'Pumpout Available' signs proposed.
I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed on
h. Give the number of channel markers and 'No Wake' signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the manna policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
1. If this project is an expansion of an existing manna, what types of services are currently provided?
m. Is the madna/docking facility proposed within a primary or secondary nursery area?
❑Yes []No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes []No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), sub
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet
❑CW ❑SAV ❑SB
OWL ❑Nona
252.808-2808 :: 1-888-4RCOAST:: www.nccGastaimanagement.net
RECEIVED
DEC 0 2 2013 DCM WILMINGTON, NC
NOV 212013
DCM-MHD Cny
revised: 12/27/06

Form DCM MP-4 (Structures, Page 3 of 4)
p. Is the proposed marinatdocking facility located within or within close proximity to any shellfish leases? ❑Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. It) Is the boatheuse stmct,, rl
[]Commercial ❑PublidGovemment OPrivate/Community
(it) Number
(!it) Length
(iv) Width _
Note: Roofed areas are calculated from dripi ne, dimensions.
4. GROIN (e.g., wood, sheelpile, etc. If rock groin, use MP-2, Excavalion and Fill.) ®This section not applicable
a. (i) Number _
(ii) Length
(iii) Width
5. BREAKWATER (e.g,, wood, sheetpile, etc.) ®This section not applicable
a. Length b. Average distance from NHW, NWL, orwetlands
c. Maximum distance beyond NHW, NWL or wetlands
BUOYS
a. Is the structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
c Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present
e. Are of the swing _
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
50' to Mr. Daniels (North)
380' to Mr Daniels (South)
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
135'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
®This section not applicable
Number
d. Description of buoy (color, inscription, size, anchor, etc.)
b. Proximity of structure(s) to adjacent docking facilities.
200' to Mr. Price
d. Water depth at waterward end of structure at NLW or NWL
4.0 NILW
RECENM
RECEIVED
DCM WILMINGTON, NC
NOV 212013
18. OTHER
rr n n �nt� 0 This section not applicable
252-808-2808:: 1.888.4RCOAST:: wNw.nccoastalmanagement.net
revised: 12/27/06

Form DCM MP-4 (Structures, Page 4 of 4)
a. Give complete description:
11/14/13
Malpass Dredging
Project Name
Chad Kimes, PE
plicant Nstnen A p
RECEIVED
RECEIVED DCM WILMINGTON, NC
DEC 0 2 2013 NOV 212013
DC.i1-MqD CITY
252-808.2808 :: 1-888-4RCOAST:: www.nccoastatrianagement.net revised: 12I27/06

DARIAN CHAD KIMES, PE Mr. MARK. MALPASS page I of 3 I
ENGINEERING SERVICES PLAN SHEET
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DARIAN CHAD KIMES, PE Mr. MARK MALPASS Wage Z of 3
ENGINEERING SERVICES PLAN SHEET
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Mr. Mark Malpass Proposed Dredging Overview (Final Revision)
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RECEIVED
DEC 0 2 2013
DCM-MHD CITY
I
RECEIVED _ 4
DCM WILMINGTOr
NOV 21202

DIVISION OF COASTAL MANAGEMENT
( APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Mark Malpass COUNTY: Onslow
PROJECT NAME: Malpass docking facility and dredge project
LOCATION OF PROJECT: 176 Flamingo Lane, adjacent to the AIW W, in Sneads Ferry
DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-21-13
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: Dail
DISTRICT MANAGER REVIEW: 40.0 , �v
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE RECD: 11-27-13
ADJ. RIP. PROP NOTICES RECD: /
APPLICATION ASSIG O: a 14o �tt/
C) 75 DAY DEADLINE:
MAIL OUT DATE:11-25-13
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE RECD: $475.00
END OF NOTICE DATE: 12-18-13
DEED RECD: YES
ON: / 2/i311
150 DAY DEADLINE:
STATE DUE DATE: 12-18-13
FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
I t-13.13
t%
Coastal Management - LUP Consistency
Division of Community Assistance
L 15 - 13
/
✓
Land Quality Section (DEMLR)
1A_1p_��
✓
Division of Water Resources (401)
12 Ib 13
d
13 1 2 3 6
Storm Water Management (DEMLR)
I1-1q- 13
State Property Office
12 - b-13
✓
Division of Archives & History
i -1 1-13
Division of Environmental Health
2 - H-1 3
Division of Highways
17 1 13
Wildlife Resources Commission
11.13.1�
Local Permit Office
IX9-13
✓
itEC�14BD
Division of Marine Fisheries / DCM
l - t3
tcll
v oblo All
Corps of Engineers
(-1 1 _ I q
✓
y I _ -
Qy:is 13-10-0 ✓
DCM-MRD CITY

DCM Coordinator: l�t)l..r��� Permit #: � 0 - 1 �
ii�/_�I�IYIiI]f.�Y�iltliyYT1T►�.�1�1�41Y
Permitee:
Agents: V�-�`^^¢ /J `
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City /�
Washington ✓ S
m n Is
US ACOE Offices:
Washington: Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DO
Wilmington: Dtt py- 41r- �.,.�
G—
Cultural Resources: Renee Gledhill -Early or ( nmental.review@nc r.gov�
Public Water Supply: ra Benoy WI
Joey White (WARO)
NC DOT: en P
Shellfish Sanitation: Fowl
State Property: im Walto
Water Resources: Karen Higgins (Raleigh -
ennessy OT)
Washington: Anthony Scarborough
Wilmington: oanne_Steenhuis-40
Chad Coburn - 401
Linda Lewis - Stormwater
Wildlife Resources: M _Dunn (WAR%
LPO:
Fax Distribution: Permitee #:
Agent #:_

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS T1 `
69 DARLINGTON AVENUE .0
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF,
January 15, 2014
Regulatory Division
Action ID No. SAW-2013-02176
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
rA
RECBMD
1 7 tog
DM-MBDCrry
Reference the application of,Mr. Mark Malpassto construct a docking facility and
associated maintenance dredging of an entrance channel, access channel at 176 Dolphin Lane, in
Sneads Ferry, Onslow County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the application
and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached 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.
2. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAAINATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.

RECEIVEp
JAN 17 2014
-2- DCxXgDC `
111'
3. 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.
4. 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.
5. 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 Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at [phone].
8. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
9. 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.
10. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.

RECEIVED
JAN 1 7 2014
3 : CS •*y.Dary
11. 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.
12. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter I I3A Article 4).
13. 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.
14. 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.
15. 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 pemrittee's discovery of the violation.
Questions or comments may be addressed to Mr. Ronnie Smith, Wilmington Field Office,
Regulatory Division, telephone [phone].
Ro
Sina' , ject Manager
Wilmington Regulatory Field Office

-4-
Copies Furnished:
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Jonathan Howell
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rohde
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
RECEIVED
JAN 1 7 2014
I=CY•3-�MC-qY

-5-
BOSN3/Mr. Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, North Carolina 28512
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

Ip,l4
NDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM
Director
January 15, 2014
Mr. Mark T. Malpass
176 Flamingo Lane
Sneads Ferry, NC 28460
Subject: EXEMPTION
Stormwater Project No. SW8131111
Malpass Dredging
Onslow, County
Dear Mr. Malpass:
Pat McCrory, Governor
John E. Skvarla, III, Secretary
RECit
JAN 21 2014
!?C"tllNujC�,
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the
CAMA Major Permit Application for the subject project on November 25, 2013. Staff review of the plans and
specifications has determined that the development activities proposed at this time will not pose a threat to surface
water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by
the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater
management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are
informing you that this project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also
subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You
are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary
built -upon area associated with the construction of the project must be removed within 30 days of completion of the
project, or when it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910)
796-7215, or e-mail her at [e-mail].
Sin I"
For Tracy E. aviD s, P.E., CPM
Division of Energy, Mineral, and Land Resources
GDS/arl: GAWQISharedlStormwater%Permits & Projects120131131111 ExempdonQ014 01 permit 131111
cc: Chad Kimes, PE
Onslow County Building Inspections
Jason Dail/Shaun Simpson
Doug Hugged, DCM
Wilmington Regional Office Stormwater File
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 Phone: [phone] / Fax: [phone]

Pat McCrory
Governor
�►T (4
w
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
John E. Skvarla, III
Secretary
November 25, 2013 RECEIVED
MEMORANDUM: DEC 10 2013 iFC F AVE
TO: Debra Benoy
NOV 2 5 2013
District Manager DC&tMHDC1TY
Public Water Supply
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA/D&FPermit Application Review
Applicant: Mark Malpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggtett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE ` l/— Z'7^ / 3
127 Cardinal Drive Ext., Wilmington. NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagemenl.net
An Equal Opportunity 1 Aftlrmabve Action Emgoyer

�'�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management E. Skvarla, III John
Braxton C. Davis
Pat McCrory
Director Secretary
Governor
RECEIVED
November 25, 2013
DEC 10 2013
MEMORANDUM:
IQV 2 5 2013
U
TO:
Dan Sams DCM-MHD�
District Managers__.___._
DEMLR - WiRO
Doug Huggett, NC DENR-DCM Major Permits Co
FROM:
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT:
CAMA/O&FPermit Application Review
Applicant:
Mark Malpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huaaett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
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.
DATE �-1' / 25 20I3
SIGNED_
127 Cardinal Drive Ext., Wilmington, NC 26405
Phone: [phone] \ FAX: [phone] Internet: www.nrcoastalmana.gement.net
An Equal opportunity \ Affirmative Action Employer

LLB 71,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla. III
Governor Director Secretary
November 25, 2013 RECEWED
MEMORANDUM: DEC ] 9 2013
TO: Georgette Scott
Stormwater Section DCt4f•YOWY
DEMLR - WiRO
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA/D&FPermit Application Review
Applicant: Mark Malpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Ill at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE 2L�;r_ /O, 2-6/3
ECEIVE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net NOV 2 5 2013
t
An Equal Opportunity V Affirmative Action Employer
[3Y: -

Pat McCrory
Governor
November 25, 2013
MEMORANDUM:
LT;WVWA S 4
ANQ�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvarla, III
Director Secretary
TO: Maria Dunn
NCWRC
WaRO / WiRO
RBCEM
fi DEC 17 2013
DCMMHDcny
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA/D&FPermit Application Review
Applicant: Mark Malpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �— 1 �r-- DATE
127 Cardinal Drive Ext., Wilmington, INC 28405
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

�� .l, ;•i��. �� & 2013
North Carolina Depaiiment of Environment and Natural.f o'Gree_s- "--"""
Division of Coastal Management
Pal McCrory -_ Draxion C. Davis John E. Skvarla, III
Governor Director Secretary
November 25,, 2013
MEMORANDUM:
fI /1-/0-l3
TO; Renee Gledhill -Early rr N+?I l
Dept of Cuftural Resources
Archives-& History.
FROM: Doug Huggett,.NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead.City„N&28557 {Courier.1-1=12=09)'
SUBJECT: CAtWA/D&FPermit Application Review (
Applicant: Mark Malpass
Project Location: 176 Flamingo; Ln., adjacent, to the AIWW, in Sneads Ferry,•Onslow,county.
Proposed Project: to construct a dockingfacilitywith' associated dredging_
Please indicate below=your:agency.'s position,orviewpointon',the proposed project and'rehkh'thi§
form •to Doug Huggett at:the addfess:above by December'18,a2013.1f you,have.any guestiohs
regarding the proposed project, contact^Jason Dail:at [phone], when appropriate, in=depth
comments with'supporting data is requested. =
REPLY: This,agency.has:no objection to the,project as proposed.
This,agency, has.no comment on the proposed project.
This agency .approves of the project only if the recommended changes are
incorporated. See attached..
This agency objects to the project for reasons.described in the attached comments.
SIGNED DATE
127 Cardinal Dme EXIL. Wilmington, NC 28405 =
Phone: [phone]t FAX [phone]•?Su4'ln<emel vrxty nccoastalmanaoement:net'
an Eo��M,.c<<Gry t,t.mane'Asti.ncm,;ajut`
04 2 7 2093

4
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
December 10, 2013
Natural Resources
John E. Skvarla, III
Secretary
DWR Project #2013 1236
E Onslow County
Mark T. Malpass k tom'
176 Flamingo Lane
Sneads Ferry, NC 28460 � - "��� DEC 18 2013
Subject Property: 176 Flamingo Lane, Sneads Ferry DOf,=0ITY
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Malpass:
You have our approval, in accordance with the attached conditions and those listed below to
construct a new pier and platform and dredge approximately 19,200 sq ft of access channel, as
described in your CAMA application dated November 25, 2013 and received by the Division of
Water Resources (Division) on November 25, 2013. After reviewing your application, we have
decided that the impacts are covered by General Water Quality Certification Number 3900 (GC
3900). This Certification allows you to use the General Permit No. 198000291 permit when
issued by the US Army Corps of Engineers and the CAMA Major Permit when issued by the
Division of Coastal Management. In addition, you should obtain or otherwise comply with any
other required federal, state or local permits before you go ahead with your project including
(but not limited to) Erosion and Sediment Control, Non -discharge, Water Supply Watershed,
and stormwater regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the
404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application.
If the property is sold, the new owner must be given a copy of this General Certification and
approval letter and is thereby responsible for complying with all conditions. If total fills for this
project (now or in the future) exceed one acre of wetland or 150 linear feet of stream,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This
approval requires you to follow the conditions listed in the attached certification and any
additional conditions listed on the following pages.
Nilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
'hone: 910-796-72151 FAX: [phone] DENR Assistance: 1-877-623-6748
ntemeC www.ncvvaterquality.org
1n Equal Opportunity1 Affirmative Action Employer

MarkT. Malpass
December 10, 2013
DWR Project # 2013 1236
Page 2 of 4
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved (Units)
Plan Location or Reference
Open Waters/Shallow Bottom
dredged
19,200 sq ft (0.441 ac)
Mr. Mark Malpass Plan Sheet# 1
of 3 (attached)
Coastal wetlands
N/A
404/401 wetlands
N/A
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 2B..0221. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office at 910.796.7215 if any turbidity issues arise.
4. The applicant shall require his contractors (and/or agents) to comply with all of the
terms of this Certification, and shall provide each of its contractors (and/or agents) a
copy of this Certification.
5. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
6. The applicant/permitee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or

w
Mark T. Malpass
December 10, 2013
DWR Project # 2013 1236
Page 3 of 4
REMWED
DEC 13 2013
achieved use, or that State or Federal law is being violated, or that fRIMY10t0dilffons
are necessary to assure compliance, than the Division may reevaluate and modify this
General Water Quality Certification.
All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from hydrocarbons or other potential toxic
chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor
shall immediately contact the Division of Water Quality, between the hours of 8 am to 5
pm at the Wilmington regional office at 910.796.7215 or Steve Lewis at 919.807.6308
and after hours and on weekends call the USCG National Response center at
1.800.424.8802.
8. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by
this Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E 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.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00 am and 5:00 pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.

Mark T. Malpass
December 10, 2013
DWR Project # 2013 1236
Page 4 of 4
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Joanne Steenhuis in the DWQ Wilmington Regional Office
at 910.796.7306.
Sincerely,
Tf@om'as A. Reeder
6 Division of Water Resources
Enclosures: GC 3900
Certificate of Completion
cc: Chad Kimes — Kimes Engineering — electronic copy
Ronnie Smith - USACE Wilmington Regulatory Field Office — electronic copy
Jennifer Burdette - DWQ Webscape Unit
Doug Huggett - DCM Morehead City
Jason Dail —DCM WiRO
WiRO

DAKIAN CHAD KIMES, PE Mr. MARK MALYASS lPage [ ors j
ENGINEERING SERVICES PLAN SHEET
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Pat McCrory
Governor
November 25, 2013
MEMORANDUM:
TO:
��A
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Braxton C. Davis
Director
Sue Mclaughlin
LPO
Onslow Co.
Resources
John E. Skvarla, III
Secretary
RBCMM
DEC 0 9 2013
DCM•MtiDM
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA/D&FPermit Application Review
Applicant: Mark Malpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporping data is requested.
REPLY: V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This a y o --
to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] \ FAX: [phone]Internet: www.nccoastalmanacement.net
An Equal Oppodunity \ Affirmative Action Employer

Dec. 3. 2013 9:01AM NC Dept of Transportation
No, 5385 P. 1
Pat McCrory
Governor
November 25, 2013
MEMORANDUM:
Is TT 2.2 j ID►srRICT
OU4NOV 2 71013
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
John E. Skvarla, III
Secretary
TO:� Robert Vause
NC DOT
Onslow County
FROM: Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, NC 28557 (Courier 11.12--09)
SUBJECT: CAMA/D&FPermit Application Review
Applicant: Mark Malpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Dow Huc/clett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: / This agency has no objection to the project as proposed.
V This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reason de cribed in the attached comments.
SIGNED 12fi�1� DATE �� Z
127 Cardinal Drive Exi., Wilmington, NC 20405
Phone: [phone]\FAX! 910-395.39M Internet: www.n=astalmanaaement.net
An equal Opportu❑IryIAlPomal'ne Acton Emgoyer

11-25-'13 16:04 FRO11-
T-401 P0002/0003 F-708
A"AtA)
NCUM
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
November 25, 2013
MEMORANDUM:
To: Mark Zeigler
Wino
Division of Community Assistance
FROM: Doug Huggett, NC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: LAMA/D&FPermit Application Review
Applicant: Mark Melpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Dow Huppett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: X - This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �i/1/tC ¢,G� ✓ DATE �r ZS
127 Cardinal Drive Ext., Wilmington, NO 28403
Phone: 910.796,72151 FAX: [phone] Internet: www.nnooaslalmanaaament.net
An Equal OMatunilylAllifineAYe AdW EGVWef

NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
November 25, 2013
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location
Shannon Jenkins
NH DEH
Shellfish Sanitation Section
Natural Resources
John E. Skvarla, III
Secretary
RECEIVED
n 4 2013
DCM_MMCITY
Doug Huggett, INC DENR-DCM Major Permits Cc
400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09)
CAMA / D&F Permit Application Review
Mark Malpass
176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggtett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
ik 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.
For S644/�dp e"'Itr�y
SIGNED DATE 6-13
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] \ FAX: [phone] Internet: www.nccoastalmanaoement.net
An Equal Opportunity 1 Affirmative Aclion Employer

Pat McCrory
Governor
November 25, 2013
MEMORANDUM:
TO
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Braxton C. Davis
Director
Tim Walton
Dept of Administration
State Property Office
Natural Resources
John E. Skvarla, III
Secretary
RECEIVED
NOV 8 6 2o13
DOA
STATE PROPERTY
OFFICE
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
RECEIVED
SUBJECT: CAMA / D&F Permit Application Review
DEC 0 6 2013
Applicant: Mark Malpass
ACM MAD
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Douq Huggtett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: /TIn'
agency has no objection to the project as proposed.
agency has no comment on the proposed project.
SIGNED
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATE us, — I ` I
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone]Internet: www.necoastalmanagemeni.net
An Equal Opportunity Affirmative Action Employer

AlA �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
TO: Doug Huggett, DCM Major Permits Coordinator_
FROM: Jessi Baker, DCM Fisheries Resource Specialist C(//
SUBJECT: 176 Flamingo Lane, Sneads Ferry, NC Co-1?as- 1
DATE: December 18, 2013
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application to identify proposed actions that impact fisheries and fish habitats. The CAMA
Major permit application from Mark Malpass proposes to construct a docking facility and dredge an associated
existing channel in Sneads Ferry, NC. A pre -application meeting was held on November 7In that resulted in a
multi -agency site visit performed on November 18th, 2013. The SAV and shellfish maps provided were
confirmed onsite.
Coastal wetlands provide valuable forage, refuge, nursery, and corridor habitats to many fish species.
Drawings indicate that no dredging will occur within five feet of coastal wetlands and 10 feet of SAV.
Generally, dredge footprints should be at least 10 feet from coastal wetlands to avoid erosion and sloughing of
wetland habitat. Considering the increase in depth in this channel, 10 feet will be necessary to minimize
impacts to coastal wetlands.
Shellfish resources occur in the area of the existing dock and adjacent to the entrance channel to the AAIw.
The proposed spoil off-loading site contains shellfish and wetland habitat. In order to minimize the impact to
these habitats, an alternative off-loading site should be located that minimizes impacts to these resources.
Also, all dredging should remain 10 feet from any shellfish beds.
Shallow, soft bottom serves as corridor and forage habitat for blue crabs, spot, red drum, and flounder.
Dredging causes a decrease in prey and prey habitat as well as an increase in suspended solids and turbidity
that can clog fish gills and cover shellfish beds. The 50 feet of channel that extends beyond the boat house
and ceases at the property line is unnecessary and should be eliminated.
This project as proposed will likely cause significant adverse impacts to fish habitat unless the
recommendations above are incorporated. Please feel free to contact Jessi Baker at [phone] or
[e-mail] if you have any further questions or concerns.
400 Commerce Ave., Morehead City, INC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Achon Employer

�r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
November 25, 2013
MEMORANDUM:
TO: Jessi Baker
Fisheries Resource Specialist
Division of Coastal Management
FROM: Doug Huggett, NC DENR-DCM Major Permits Co
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA/D&FPermit Application Review
Applicant: Mark Malpass
Project Location: 176 Flamingo Ln., adjacent to the AIWW, in Sneads Ferry, Onslow County
Proposed Project: to construct a docking facility with associated dredging
Please indicate below your agency's position or viewpoint on the proposed project and return this
form to Doug Huggett at the address above by December 18, 2013. If you have any questions
regarding the proposed project, contact Jason Dail at [phone], when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity`, Affirmative Action Employer
RECERM
DEC 0 2 2013
DCM-MOCUy

Howell, Jonathan
From:
Baker, Jessi E
Sent:
Monday, January 27, 2014 10:06 AM
To:
Howell, Jonathan
Subject:
Malpass
Any dredging for the Malpass project should be completed outside the in -water work moratorium of April 1 to
September 30.
Jessi Baker, Fisheries Resource Specialist
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
[phone] ext. 213
iessi.bakernn ncdenr.gov
Please visit www.nccoastaimanagement.net to subscribe to
Coastal Management's quarterly newsletter, the CAMAgram.
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Cow and maybe disclosed to third parties.

�
W
NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory, Braxton C. Davis
Governor Director
November 25, 2013
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Combo Public Notice for:
• Richard Mitchell in Pender County
• Mark Malpass in Onslow County
Natural Resources
John E. Skvarla, III
Secretary
Kyle/Heather: Please publish the attached Notice in the Wednesday, November 27, 2013 issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun
Simpson at Div. of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-
7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of
the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shaun K. Simps
Permit Support Technician
Division of Coastal Manaa
Enclosure
cc: WiRO fl�BMVM
Doug Huggett / Michele Walker
DEC 0 2 2013
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] \ FAX: [phone] Internet: www.necoastalmanagement.net DCM MffD CI7y
An Eque OppMunily\ AfflrmaM Acdon Employer

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that the following have applied for development permits in Areas of Environmental Concern as
designated under the CAMA. According to said applications, On November 12, 2013, Richard Mitchell
proposes to expand an existing docking facility at 1761 Kings Landing Rd., adjacent to Topsail Sound
and the AIWW, in Hampstead, Pender County; And on November 21, 2013, Mark Malpass proposed to
construct a docking facility and dredge the adjacent area at 176 Flamingo Lane, adjacent to the AIWW,
in Sneads Ferry, Onslow County. Copies of these entire applications may be examined or copied at the office
of Jason Dail, N.C. Dept. of Environment & Natural Resources, Division of Coastal Management, 127 Cardinal
Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to December 18, 2013, will be considered in making the permit
decisions. Later comments will be accepted and considered up to the time of permit decisions. Project
modifications may occur based on review and comment by the public and state and federal agencies. Notice of
permit decisions in these matters will be provided upon written request.
"
DEC 0 2 2013
DC-M-Y.iDOY

10� MAJOR PERMIT FEE SCHEDULE
Mark Ma/pass / $475 / New Hanover Co.
DCM %
DWQ %
Development Te
Fee
14300160143510009316256253
2430016024351000952341
I. Private, noncommercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
1 100%
$400
0%
$0
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,
r D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
III(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
90 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
60%
$240
40%
$160
III(D). If General Water Quality Certification No.
90 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
xcavation of more than one acre of wetlands
nd/or open water areas:
$475
60%
$285
40%
$190
RECEIVED
DEC 0 2 2013
DCM- ,gDCITY

AMmehe
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skavarla, III
Governor Director Secretary
November 22, 2013
Chad Kimes
104 Newton Road
Hampstead, NC 28443
Dear Mr. Kimes:
The Division of Coastal Management hereby acknowledges receipt of your application, acting on behalf of Mark
Malpass, for State approval for development of property located at 176 Flamingo Lane, Sneads Ferry, Onslow County.
With exception of the signed certified mail receipts, your application was received complete on November 21, 2013, and
appears to be adequate for processing at this time. The projected deadline for making a decision is February 6, 2014. An
additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not
been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be
provided on or about the 75 h day.
If this agency does not render a permit decision within 70 days from November 21, 2013, you may request a
meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project.
Such a meeting will be held within five working days from the receipt of your written request and shall include the
property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property; or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to
receive a copy of my field report and/or comments from reviewing agencies.
o-z�p
on ail
eld Representative
Cc: Mark Malpass, 176 Flamingo Lane, Sneads Ferry, NC 28460
WiRO file, DCM
Sue McLaughlin, Onslow County Local Permit officer
RECEIVFD
127 Cardinal Drive Ext., Wilmington, NC 28405 DEC 0 2 2013
Phone: [phone] k FAX: [phone] Intemet: www.nccoastalmanagement.net
L'C-M-b" mc!TY
An Equal Opportunity 1 Atfirrnafive Action Employer

LAMA PERMIT
APPLIES FOR
PROJECT:
i
7
ly
. to
COMMENTS ACCEPTED THROUGH December 18, 203
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Chad-Kfnres, P.E. NC Div. of Coastal Management
104 Newton Rd. 127 Cardinal Dr. Ext.
Hampstead, NO 28443 Wilmington, NC 28405
Jason Dail, Field Representative
For: Mark Malpass 910-796-7215

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date i/1/11/,3
Name of Property Owner Applying for Permit: d. Ala t A&4ES
Mailing Address:
_/71! FLdMiNGo LAilC
S�r�r GF �, /VC ZP�iGO
I certify that I have authorized (agent) L/4R44-4 C17�/J X 1AI&7AC- to act on my
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity)
at (my property located at) Z7/ I�AW1WC0 ZAt IoF
This certification is valid thru (date) // �/ //S
Property Owner Signature
RECEIVED
RECE UD DCM WILMINGTON, NC
Nov 212013
DEC 0 2 2013
DCM-MHD CITY

November 12, 2013
Mr. Charles Daniels, Heirs
1124 Whitecroft Drive
Raleigh, NC 27603
Dear Daniels Family,
Chad Kimes, PE
104 Newton Road
Hampstead, NC 28443
910-470-4494
dckimesna chartecnet
CERTIFIED MAIL
Please find the attached application and site plan for the proposed work on your adjacent
waterfront property owner Mr. Mark Malpass. As an adjacent landowner, you have 10
days in which to submit comments on the proposed project to the Division of Coastal
Management. If you are in agreement with the proposed work, please sign the attached
"Adjacent Riparian Property Owner Statement" and return in the attached envelope.
If you have any questions, I can be contacted at 910-470-4494. The contact for Division
of Coastal Management is Mr. Jason Dail. He can he contacted at 910-796-7221.
Sincerely
U.S. Postal ServiceT.
CERTIFIED MAIL,. RECEIPT
M1 ,,MeStiC Mail WY; NO insurance Coverage Provided)
•�
C-
m RAtf I�}1 NC
� USO'?
Chad Kimes, PE Postage $rq £1.12 RECEIVED
1-9 Codified Fee QWILLINGTON, NC
Postmark
C3 Return Receipt Fee $ 21 qry g(Entlorsemeni Required) 2U1J0O Restricted nt livery Fee(Entlorsemeni Required)r9 Total Postage & Fees $ 11/20/2013
ry
rA Sent To �,,[/���
ri Stieei, Apt.'No.;II�+I-,��/-�/J�Y'.Y.-=�__.._._
RECEIVED O or PO Box No. ��-ZY--�f4±!7-.Y.1--y..____.....___
? t` cm%smie,ziv+a
DI WED
See R..1sc far ron-oll-ri
DEC 0 2 2013 ngGTON, NC
NOV 14 2013
DC'. ,V-?D Crl Y

Onslow County, NC
Tax Parcel Report Tuesday, November 5, 20'13
Dhl�1C�-
Parcel Number:
PARID:
NC PIN:
Owner Name:
Property Address:
Property Description:
Subdivision:
Neighborhood Code:
City Limit:
Township:
Mailing Address:
Mailing City, State, Zip:
Sale Code:
Number of Bedrooms
777-109.4
158470
429914247256
DANIELS CHARLES S
HEIRS
FLAMINGO LN
TR1 CHARLES DANIELS
HEIRS
CHARLES DANIELS HEIRS
3146
UNINCORPORATED
ONSLOW
STUMP SOUND
1124 WHITECROFT DR
RALEIGH NC 27603
21
WARNING: THIS IS NOT A SURVEY
Parcel Information
RECMM
DEC 0 2 2013
DCZVuDary
RECEIVED
DCM WILMINGTON, NC
NOV 14 2013
Assessed Value:
$0.00
Total Taxable Value:
$0.00
Building Value:
$0.00
Land Value:
$0.00
Heated Living Sq Ft:
Year Built:
Adjusted Acres:
28.37
Legal Acres:
28.37
Improvement Code:
O
Book:
09E
Page:
296
Deed Date:
25-FEB-09
Deed Stamp Amount:
Plat Book 8 Plat Page:
67-063
WARNING: THIS IS NOT A SURVEY.
' Onslow County
Geographic Information Systems This map is prepared for the inventory of real property found wthin this jurisdiction, and is
(GIS) compiled 6om recorded deeds, plats, and other public records and data. Users of this map
39 Tallman Street are hereby notified that the aforementioned public primary information sources should be
consulted for verification of the information contained on this ma The County and mapping
Jacksonville, NC 28540 ai fY PP 9
' company assume no legal responsibility for the infonnafion contained on this map.

Onslow County, NC Tax Parcel Report Tuesday, November 5, 2013
0l441?-
WARNING: THIS IS NOT A SURVEY
Parcel Information
Parcel Number:
777-109
Assessed Value:
$2,266,940.00
PARID:
015457
Total Taxable Value:
$2,256,940.00
NC PIN:
429914342585
Building Value:
$813,480.00
Owner Name:
MALPASS MARK T &
Land Value:
$1,443,460.00
SONDRA K
Property Address:
176 FLAMINGO LN
Heated Living Sq Ft:
6600
Property Description:
TR2 CHARLES DANIELS
Year Built:
1998
HEIRS
Subdivision:
CHARLES DANIELS HEIRS
Adjusted Acres:
3.06
Neighborhood Code:
3146
Legal Acres:
3.06
City Limit:
UNINCORPORATED
RECEIVED Improvement Code:
D
ONSLOW
Township:
STUMP SOUND
DEC 0 2 2013 Book:
4061
Mailing Address:
176 FLAMINGO LN
Page:
200
Mailing City, State, Zip:
SNEADS FERRY NC 28460
DCM-MAD c" Deed Date:
19-SEP-13
Sale Code:
00
Deed Stamp Amount:
1280000.00
I.3 E_C E- I V E D
Number of Bedrooms
4
Plat Book & Plat Page:
67-063
DCM WILMINGTON, NC
14 2013
__NOV
WARNING: THIS IS NOT A SURVEY.
Onslow County
Geographic Infomtation Systems
This map is prepared for the inventory of real properly found within this jurisdiction, and is
Users
0
(GIS)
compiled from recorded deeds, plats, and other public records and
data. of this map
39 Tallman Street
are hereby notified that the aforementioned public primary information sources should be
Jacksonville, NC 28540
consulted for verification of the information contained on this map. The County and mapping
company assume no legal responsibility for the information contained
on this map.

November 12, 2013
Mr. Donald Price
615 Connie Drive
Goldsboro, NC 27530
Dear Mr. Price,
Chad Kimes, PE
104 Newton Road
Hampstead, NC 28443
910-470-4494
dckimesAchartennet
CERTIFIED MAIL
Please find the attached application and site plan for the proposed work on your adjacent
waterfront property owner Mr. Mark Malpass. As an adjacent landowner, you have 10
days in which to submit comments on the proposed project to the Division of Coastal
Management. If you are in agreement with the proposed work, please sign the attached
"Adjacent Riparian Property Owner Statement" and return in the attached envelope.
If you have any questions, I can be contacted at 910-470-4494. The contact for Division
of Coastal Management is Mr. Jason Dail. He can be contacted at 910-796-7221.
Sincerely,
Chad Kimes, PE
m
0
M1
OR .. .
m
Mr
GOLD....rq
ra
�1.
Car
O Retum Receipt Fee
O (En(larssmBat Regulr ee
O
O RestrdteRlveu(EndorsmryirFeetle) ra
M1
ri
m
a
O
RECIUM
DEC 0 2 2013
DCMMf1DCffY
Total Postage & Fees I .$
$3.10
12
JW
ECEIVE&ar
ILMINGTM, NC
$0.00
V 212013
$6.
11/20/2013
EIVED
DCM WILMINGTON, NC
NOV 14 2013

Onslow County, NC Tax Parcel Report Tuesday, November 5, 2013
Or,INe�2—
Parcel Number:
PARID:
NC PIN:
Owner Name:
Property Address:
Property Description:
Subdivision:
Neighborhood Code:
City Limit:
Township:
Mailing Address:
Mailing City, State, Zip:
Sale Code:
Number of Bedrooms
WARNING: THIS IS NOT A SURVEY
Parcel Information
777-94.1
060573
429914341981
PRICE DONALD N &
CONSTANCEH
200 FLAMINGO LN
OFF NEW RIVER SR 1523
NO SUBDIVISION
RECORDED
3146
UNINCORPORATED
ONSLOW
STUMP SOUND
215 CONNIE CIR
GOLDSBORO NC 27530
00
4 RECEIVED
DCM WILMINGTON, NC
NOU 14 2013
P CE[tiW
DEC 0 2 2013
Assessed Value:
$491,460.00
Total Taxable Value:
$491,460.00
Building Value:
$266,460.00
Land Value:
$225,000.00
Heated Living Sq Ft:
2244
Year Built:
2001
Adjusted Acres:
1.00
Legal Acres: 1.00
Improvement Code: D
Book:
1608
Page:
682
Deed Date:
18-FEB-00
Deed Stamp Amount:
75000.00
Plat Book & Plat Page:
NO-SUBDIV
WARNING: THIS IS NOT SURVEY.
Onslow County
Geographic Information Systems This map is prepared for the inventory of real property found within this jurisdiction, and is
` (GIS) compiled from recorded deeds, plats, and other public records and data. Users of this map
39 Tallman Street are hereby notified that the aforementioned public primary information sources should be
Jacksonville, NC 28540 I consulted for verification of the information contained on this map. The County and mapping
JI company assume no legal responsibility for the information contained on this map.

CERTIFIED MAIL • RETURN RECEIPT REQUESTED DDT
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER F NI'�L
Name of Property Owner. l,/I Z. Jw/,* a ifF '. N�w �I D
Address of Property: r7�' iL.f/�IirvG t J �
(Lot or Street#, Street or Road, City & County;
Agent's Name #: l ew(1 rl/jit7.
Agent's phone#:C - 4l?L -44,%Z/_
Mailing Address: &� 7, d
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 erg proposing. A description or drawing with dimensions must be provided with this letter.
7
1 have no objections to this proposal I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for 0CM offices is
available at or by calfing 1-888-0RCOAST. No
response is considered the some as no objection if you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift. or groin must be set
back a minimum distance of 15' from my area of riparian access unless waived by me. (LIVED
wish to waive the setback, you must initial the appropriate blank below.) f w.
I do wish to waive the 15' setback requirement. DEC O 8 2013
I do not wish to waive the 15' setback requirement.
DCM-MHDCITY
(Prop" Pw er information) z.D
a Lx
L � tML"
Print or Type Name
lb4 athz Tnfj !z�
Marling Address /
City
°? 0 - *70 - 4*Zy
Telephone Number
Dow
( ac nt Pr rty O t IMornstIon)
Signature �
Print or Type Name
215' r.,Vgldr necl
Mailing Address
['Jouli13a1z0 do 0+ ?% 70
Citylstata2ip
Telephone Number
_ /123 1...3
Uure �r�tg�
RW�I�/ED-012
DCM WILMINGTON, NC
NOV 2 5 2013

November 12, 2013
Mr. Russell Lewis
628 Confederate Drive
Sneads Ferry, NC 28460
Dear Mr. Lewis,
Chad Kimes, PE
104 Newton Road
Hampstead, NC 28443
910-470-4494
dckimes(&,charter.net
CERTIFIED MAIL
Please find the attached application and site plan for the proposed work on your adjacent
waterfront property owner Mr. Mark Malpass. As an adjacent landowner, you have 10
days in which to submit comments on the proposed project to the Division of Coastal
Management. If you are in agreement with the proposed work, please sign the attached
"Adjacent Riparian Property Owner Statement" and return in the attached envelope.
If you have any questions, I can be contacted at 910-470-4494. The contact for Division
of Coastal Management is Mr. Jason Dail. He can be contacted at 910-796-7221.
Postal
CERTIFIED IMAIL,,, RECEIPT
Sincere1 , c (Domestic maii oniy; No insurance coverage Provided)
n /J
m 91EADS FFRR'( tic. 7WO
TM
Postage $Chad Kimes, PE CEWED
'� ceditied FeeINGTON,NC
G oratmeM
[7 RetumRecelptFee1e�13
G (Endorsement Required)LG Restncted Delivery Fee(Endorsement Required)0ri Total Postage a Fees $0/2013
r
f o
(nt . IZ �� -------------
t^ -11�
ItECEiVE7% r1 S eeE 1VG No.; �y
` p ar PO eox No.-2,-P.._ .� -----_-----_---_-
N Cdy; yYat$jIPtO /_O
DEC 0 2 2013 AMRtCC C E I V E D
DCM WILMINGTON, NO
mm-Vatm CT1'Y
NOV 14 2013

Onslow County, NC Tax Parcel Report Tuesday, November 5, 2013
ABTA CcN 1 ouA�Ee
Parcel Number:
777-109.2
PARID:
031696
NC PIN:
429914340998
Owner Name:
LEWIS RUSSELL B JR
Property Address:
628 CONFEDERATE DR
Property Description:
PERU LOT OFF SR 1523
Subdivision:
NO SUBDIVISION
RECORDED
Neighborhood Code:
3146
City Limit:
UNINCORPORATED
ONSLOW
Township:
STUMP SOUND
Mailing Address:
PO BOX 86
Mailing City, State, Zip:
SNEADS FERRY NC 28460
0086
Sale Code:
05
Number of Bedrooms
3
` Onslow County
Geographic Information Systems
(GIS)
""� 39 Tallman Street
Jacksonville, NC 28540
WARNING: THIS IS NOT A SURVEY
Parcel Information
Assessed Value:
$313,450.00
Total Taxable Value:
$313,450.00
Building Value:
$87,800.00
Land Value:
$225,650.00
Heated Living Sq Ft:
1782
Year Built:
1997
Adjusted Acres: 1.13
Legal Acres: 1.13
f0c RECIUVED Improvement Code: D
DEC 0 2 2013 Book: 1989
Page: 0
DC:b: V.UDC?y Deed Date: 24-OCT-90
Deed Stamp Amount: 0.00
RECEIVED Plat Book & Plat Page: NO-SUBDIV
DCM WILMINGTON, NC
NOV _1 4 2013
WARNING: THIS IS NOT A SURVEY.
This map is prepared for the inventory of real property found within this jurisdiction, and is
compiled from recorded deeds, plats, and other public records and data. Users of this map
are hereby notified that the aforementioned public primary information sources should be
consulted for verification of the information contained on this map. The County and mapping
company assume no legal responsibility for the information contained on this map.

(Page 1 of 6)
Vk
P epa d by: Lanier. Famtain & CemmArlb
114 Old Bridge Street
Jacksonville, NC 29540
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
o•• to: otmeeesosoa rvo•: car
ra�'� :�airr/iow ac rr: t::ee .n
a•vr,a• r.a: p. �P� t er s
p•b•coa, e�oll� aw or D••d•
aK40614001205
Stamps: $2.560.00
Parcel No.: s/f 015457
THIS DEED, made and entered into this the I Ile day of September, 2013, by and
between Brandi Jo Daniels Mason and husband, Christopher P. Mason, Jr. and Jamie Nicole
Daniels Pittman and husband, Thomas M. Pittman, hereinafter referred to as "Grantors", and
Mark T. Malpass and wife, Sondra IC Malpass, whose address is 176 Flamingo Lane, Sneads
Ferry, NC 29460, hereinafter referred to as "Grantees";
WITNESSETH:
That the Grantors, for a valuable consideration paid by the Grantees, the receipt of which
is hereby acknowledged, have and by these presents do grant, bargain, sell and convey unto the
Grantees, their heirs and assigns in fee simple, all those certain lots or parcels of land situated in
Stump Sound Township, Onslow County, North Carolina and more particularly described as
follows:
BEING all of Tract 2, containing 3.06 acres as shown on survey plat entitled
"Recombination Map showing Charles Daniels Estate, Tract 1 & Tract 2, prepared for
Charles Daniels Hein (owner), Stump Sound Township, Onslow County, NC" prepared by
John L. Pierce & Associates, P.A., dated September 13, 2013 and recorded In Map Book 67,
Page 63, Cabinet N, Onslow County Registry.
1
* RECEWW
DEC 0 2 2013
'X' V-1DDC:^y
RECEIVED
DCM WILMINGTON, NC
NOV 212013
A: 4061 Page: 200 Page 1 of 6
Book: 4061 Page, 1977-Current: 200 Sect; 1

(Page 2 or 6)
TOGETHER with a non-exclusive perpetual easement for Ingress, Egrrsa, Regress and
Utilities over and under the 20' Ingress & Egress & Regress &Utility Easement area as
shown on said recorded plat also known u Flamingo Lane.
Tbem is also granted an casement to Grantees for that arm of Tract 1 on which the
concrete slab for generator is located and the propane tank as shown on said recorded plat
This easement shall automatically terminate if the location of the propane tank and/or
generator interfere with the development of the adjoining property between Tract 2 and
the Price Property. In this event, Grantors agree to pay the cast of relocating the generator
and propane tank on Tract 2 at a location to be chosen by Grantees
Grantors also transfer and convey unto Grantees, their heirs and assigns, a non-exclusive
casement for the use, maintenance, and repair of the existing water lines which run from
NCSR 1523 through the remaining property of the Grantors (Tractl on saki recorded plat)
to the property being conveyed by this instrument, subject to the right of the Grantors to
relocate the same as hereinafter provided.
THIS CONVEYANCE, is made subject to the following easements, reservations, and
conditions:
I. A 20' Ingress & Egress & Regress & Utility Easement as shown on said survey plat
recorded in Map Book 67, Page 63, and as described in Book 1608, Page 682, Onslow
County Registry.
2. Grunion reserve for themselves, their heirs and assigns, a 20' Ingress & Egress &
Regress & Utility Easement over the "Proposed 20' Ingress, Egress, and Regress
Easement" and the "20' Ingress & Egress & Regress & Utility Easemem" areas as shown
on the said plat recorded in Map Book 67, Page 63, Onslow County Registry which rams
from the cemetery to the Donald N. Price and Constance N. Price property (Deed Book
3532, Page 961-962) as shown on said plat. This easement is for the benefit of Tract I and
shall be appurtenant thereto. It is the intent of the Grantors to develop Tract I into several
separate lots for residential and/or commercial purposes.
3. Standard utility easements heretofore granted for purposes of providing telephone,
water and electrical service to the property being conveyed to the Grantees.
4. Grantors for themselves, their heirs and assigns hereby reserve the absolute right to
relocate the existing water, electric and telephone easements which cross the remainder of
their property (Tract I as shown on said recorded plat). The said relocation shall be done at
no cost to the Grantee. Grantors covenant and agree with Grantees that said relocation
shall not cause any unn onable interruption in said utility services and that said
relocation shall be coordinated with the Grantces, their heirs and/or assigns. Grantors shall
have a survey prepared and recorded showing the relocated casement areas and shall
prepare and record an easement document reflecting the same at the time of the relocation.
Y RECEIVED
RECEIVED
DEC 0 2 2013 DCM WILMINGTON, NC
NOV 212013
A: 4061 Page: 200 Page 2 of 6
DC:,V--DCrY
Book: 4061 Page, 1977-Current: 200 sera: 2

(Page 3 of 6)
5. Granted for themselves, their heirs and assigns, upon request by the Grantors, their
heirs or assigns, agree to execute my document which may be reasonably necessary to
effectuate the relocation of the said utility casements.
6. Such matters as shown on said recorded plat.
7. Subject to the right of the State of North Carolina in and to all property which may
lay below the mean high water line of New River and the Intracoastal Waterway.
TO HAVE. AND TO HOLD the aforesaid lots or parcels of land and all privileges and
appurtenances thereto belonging to the Granted in fee simple.
And the Grantors covenant with the Grantees, that Grantors are seized of the premises in
fee simple, have the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful
claims of all persons whomsoever, except as above noted.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day
and year first above written.
(SIGNATURE PAGES TO FOLLOW1
3
RECEIVED
RECEIVED
DEC 0 2 2013 DCM WILMINGTON, NC
NOV 212013
ok: 4061 Page: 200 Page 3 of 6
Book: 4061 Page, 1977-Current: 200 Sep: 3

(Page 4 or 6)
rM WaR 1 f N A�
Bnodl J D�Nmulch Maws
Christopher P. Mason, J .
STATEOF`- Ott,,,
COUNTY OF�.
1, hereby certify that the following person personally came before me this day and acknowledged
that she signed the foregoing document in the capacity indicated thereon:
Brandi Jo Daniels Mason
Date: September /6) , 2013.
My Commission Expires: Li-.9i/ L
COUNTYFr4�.
COUNTY OF
—4/Qde,G r - Ir LLV ..acL.
otary IC
NOTARY
PUBLIC
1, hereby certify that the following person personally came before me this day and acknowledged
that he signed the foregoing document in the capacity indicated thereon:
Christopher P. Mason. Jr
Date: September_, 2013.
My Commission Expires: 9 -Lar7D/!n
4
NOTARY
PUBLIC
RECEWED
DEC 0 2 2013
DC-V:-N`.`T.J CITY
RECEIVED
DCM WILMINGTON, NC
Nov 212013
k: 4061 Page: 200 Page 4 of 6
Book: 4061 Pa". 1977-C rremt: 200 a.- 4

(Page 5 or 6)
J Nkttie aAkb PHtmu
�(Sean
STATE OF NO" CAROLINA
COUNTY OF W 471O 6
I, hereby certify that the following person Personally calm before me this day and acknowledged
that she signed the foregoing daamtera in the capacity indicated therm,:
Lmis_Nicok Daniels Pitman
Date: September ! u • 2013. n
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF — "Alf -
I, hereby certify that the following person personally acme before me this day and acknowledged
that he signed the foregoing d=nvm in the capacity indicated thereon:
Thomas M. Pittman
Date: September X 2013.
6 �` y1 RO My Commission Expires: / .=...•..•.•..��..
NmAR�, s�
i f i tDV 9 �lG f Ci
DEC 0 2 2013
RECEIVED
DCM WILMINGTON, NC
NOV 212013
)k: 4061 Page: 200 Page 5 of 6
Book: 4061 Page, 1977-Currmt: 200 Rag: 5

United States Department of the Interior
'-
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
RCH a. j6
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.0 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.
REECEIvo.)
2. The project manager and/or the contractor will advise all construction personnel tEIVED
PEG 0 2 2013 DCM WILMINGTON, NC
NOV 212013

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 occurin 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 entangled. 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
*, RECEIVED
DEC 0 2 2013
RECEIVED
DCM WILMINGTON, NC
NOV 212013

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.
AT3
RECEIVED
DCM WILMINGTON, NC
NOV 212013
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 W. ienRe igh, NC. pp. 52.
DEC 0 2 2013
DCb?-M,ffDCrW

Dail, Jason
From:
Dail, Jason
Sent:
Friday, November 22, 2013 9:56 AM
To:
dckimes
Subject:
Mark Malpass
Chad,
What is the status of the letter of no objection from the adjacent property owner to the north? I will need that prior to
putting the package in circulation.
Thank you,
Jason
Field Representative
i1.C.Division of Coastal Management
127Cmdinal Dtice Extension
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Pfi'.(910)796-722f`f
Fax:[phone]
. Emi,il,. lason.tlailoncdenr,gov
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%,�,th Catoitna Department of
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*Please note that e-mail correspondence to and from this address maybe subject to the North Carolina Public records
Law and may be disclosed to third parties.*
RECEIVED
DEC 0 2 2013
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CIOZ 9 0 330
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SIGN UP SHEET
SCOPING MEETING
Malpass Dredging
SneadsFeny
Onslow County
November 7, 2013
Name Agency Phone Email
Cameron Weaver NCDENR-DEAD 1 910-796-7303 [e-mail]
Dave Timpy
252-808-2808 1 [e-mail]
Maria Dunn
WRC
252-948-3916
[e-mail]
Rhonda Hall
DEMLR
910-796-7312
[e-mail]
Linda Lewis
DWQ-SW
910-796-7301
[e-mail]
Debbie Wilson
DCM
910-796-7266
[e-mail]
Shaun Simpson
DCM
910-796-7226
[e-mail]
Fritz Rohde
NMF
252-838-0828
[e-mail]
Chad Kimes
Kimes Engineering
[e-mail]
Jason Dail
DCM
910-796-7221
[e-mail]
Joanne Steenhuis
DWR-401
910-796-7306
[e-mail]
*By Conference Call
RECEWED
DEC 0 2 2013 NCDENR
WILMINGTON REGIONAL OFFICE
127 CARDINAL DRIVE
DC V -�: "J C: Y WILMINGTON, NC 28405
910-796-7215,FAX [phone]
RECEIVED
DCM WILMINGTON, NC
NOV 21 Z013

MALPASS TALKING POINTS- SCOPING MEETING
November 7, 2013
• Dredging
Maintenance Dredging: Proposed 725'x 30' (1650 cy), -4 NLW
New Dredging: Proposed 240' x 20' (700 cy), -4 NLW —
No Anticipated Impacts to SAVs, Coastal Wetlands Shellfish
Disposal Site on Property
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• New Walkway/Dock/Sitting Area , /
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Proposed 30'x 5' Walkway, 16'x 30' Fixed Dock
• Proposed Boat Ramp%s�
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Proposed 12' x 20' Boat Ramp, Grade appx 20%,
240 sf impacts to coastal wetlands
Bulkhead around ramp
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DEC 0 2 2013
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CIN�A LL-7vlf RECEIVED
DCM WILMINGTON, NC
NOV 212013
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