132-22 Bednarz, John & Terri

Permit Class Permit Number
NEW 132-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to John and Terri Bednarz 2428 Falls River Ave. Raleigh NC 27614
Authorizing development in Brunswick County at adi to AIWW at 124 SW 4th St. in Oak
Island , as requested in the permittee's application dated 12/12/22 (MP-1 MP-3) including work
plan drawings (2) Sheet 1 of 2 dated 10/7/22 and Sheet 2 of 2 dated "received 10/7/22".
This permit, issued on December 12, 2022 , is subject to compliance with the application (where
rnngigtent with the nermit). all anvlicable regulations, special conditions and notes set forth below. Any violation
f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe min anu votu.
Raised Walkway
1) Unless specifically altered herein, this permit authorizes the 6' wide raised walkway, as expressly
and specifically set forth in the attached permit application and workplan drawings. Any additional
land. disturbing activities and/or construction may require a modification of this permit. Contact a
Division of Coastal Management representative at [phone] for this determination.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 12, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
slgnea oy the aumoray or me JecruLmy uL ucY au" um �uuu
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

John and Terri Bednarz
ADDITIONAL CONDITIONS
Upland 404 Fill
Permit No.132-22
Page 2 of 3
2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, all as expressly and specifically set
forth in the attached permit application dated, and workplan drawings (2) dated 10/07/22 (Sheet 1 and
2).
3) Unless specifically altered herein, all work shall be done in accordance with the permittee's application
and work plan drawings (2), dated 10/07/22 (Sheet I and 2)).
4) No development or land disturbing activity that is considered non -water dependent shall occur within 30
feet of the normal high-water level unless altered herein. Any development proposed in an Area of
Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs
and located within the applicant's property, may require additional authorization from the Division of
Coastal Management prior to work commencing.
5) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
6) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s).
USACE Condition
7) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined in the U.S. Army Corps of Engineers, Wilmington District,
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any
special conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
Sedimentation and Erosion Control
8) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
9) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
10) 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.
General
11) 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.

John and Terri Bednarz
Permit No. 132-22
Page 3 of 3
ADDITIONAL CONDITIONS
12) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
13) 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: The U.S. Army Corps of Engineers authorized the proposed project by way of Nationwide
Permit 18 (Action ID SAW-2020-01804).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 5393 (DWR Project No. 202116550).
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 mean high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.

RECEIVED
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: John do Terri Bednarz
PROJECT NAME: 124 SW 4" Street
COUNTY: Brunswick
LOCATION OF PROJECT: 124 SW O Street, adjacent to Davis Canal in Oak Island
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-21.21
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Alnico
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 11-13-21
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 14-22
HOLDS: jlltZ tI
MAIL OUT DATE: 11-9-21
PERMIT FINAL ACTION: ISSUE DENY
NOV 0 9 2021
DCM-MHD CITY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $250#63S9
END OF NOTICE DATE: 124-21
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 12-4-21
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
N5
Z
DCM - LUP Consistency Determination
(
Local Permit Officer
1
Corps of Engineers - Regulatory Branch
ti
VS
�' '• IN I
DWR-401 Section
1
jt
X
41(S
DWR-Public Water Supply
�(
t:a-%
DEMLR - Stormwater
DEMLR - Sed and Erosion
DOA - State Property Office
Wildlife Resources Commission
,
Avatl, !r Sow „V A spry
DMF - Shellfish Section
11110
YiO C0~L,4
DMF - Habitat & Enhancement
1 W
YId
DNCR- Archives&History
17/b
ViA C.INAt'
DNCR-Natural Heritage Program
NCDOT
1
A cm 1
NC Dept of Commerce
+-n0W
o-olvva)
:Uj
J

DCM Coordinator: Cam Luck
County:
N �_
Cc Gregg Bodnar
Permit #:
WIRO -MAIL DISTRIBUTION SHEET
Circle on : Bio Repo I Permit for:
Oversize t: ;
DCM Offices:
Morehead City: PT (if oversize) via Courier
`cc Gregg, Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
`MHC documents (Cam & Amanda)
Wilmington: Original hard -copy
ONLY USACE B DWR (wiroi: Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: er & Carteret Cc): PN, CL, Reports, Split Sheet
use both ingtonNCREG�usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet
ag Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: olley Snider - 401 (BRINH): PN, CL, Reports, Split Sheet _
401 (PN/ON): PN, CL, Reports, Split Sheet
vx John Perry on all (training) — 401: PN, CL, Reports, Split Sheet _
Div of Water Resources: .45heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _
Marine Fisheries:
A Harding _
DCM PlannerMIRO:
NiAike Christenbury
Cultural Resources:
_
4enee Gledhill -Earley Environmental.Revie�ncdenrgov
Natural Heritage Prog.
✓� cdney Butler
DCA-Rural Eco. Dow
TA/ark Ziegler _
NC DOT:
✓David Harris
Wildlife Resources:
JA'aria Dunn w/Reports
State Property Office:
✓FijL;Walton: DEED
1 a Moser _
Hilliard, Real Property Agent (Bio Reports only) _
/anda
Shellfish Sanitation:
�demy Humphrey (Bio) /
aron Gupton, Admin. _
ninii
DEMLR:
stine Hall - Stormwater Section _
Sams - Land Quality Section
Public Water Supply:
Midi Cox
City of Wilmington: =Rep:
Enforcement: r t q r `"
_Co. LPO v/W I/"► r 1" t 1 � I i V17Vi_
Agent: RECEIVED
���,p NOV 0 9 2021
DISTRIBUTED: ` , I r 1 DCM-MHD CITY
/ AAAA/ohm- mmn... I iM

Recommendations for State Permit — John and Terri Bednarz 11/5/2021
Due to recent changes with the 2020 Section 401 Certification Rule DCM is unclear if the
proposed wetland impacts would now be considered jurisdictional or not. If the wetlands are
determined to be §404 type jurisdictional wetlands, DCM staffs recommendation would be that
portion of the proposed wetland fill within 30 ft. of NHW would be INCONSISTENT with
the Rules of 15A NCAC 7H .0209(l0), which states that:
"Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new
development shall be located a distance of 30 feet landward of the normal water level or normal
high water level, with the exception of the following
(0) Grading, excavation and landscaping with no wetland fill except when required by a
permitted shoreline stabilization project. Projects shall not increase stormwater runoff to
adjacent estuarine and public trust waters;
The proposed wetland fill is not associated with a shoreline stabilization project and may
increase stormwater runoff to adjacent surface waters.
For the portion of the proposed wetland fill greater than 30' from NHW, it is recommended that
any permit issued should include standard conditions for development and wetland impacts in
Coastal Shorelines. However, since the current status the wetlands is unclear, this office supports
the recommendations of the resource agencies, particularly the NC Division of Water Resources
and the U.S. Army Corps of Engineers, regarding potential impacts to water quality and §404
wedand impacts.
RECEIVED
NOV 0 9 2021
DCM-MHD CITY

U.S. ARMY CORPS OF ENGINEERS RECEIVED
Wilmington District
Compensatory Mitigation Responsibility Transfer Form DEC 062022
Permittee: John and Terri Bednarz Action ID: SAW 2020-01804 MP SECTION
Project Name: Residential Structure Wetland Fill County: Brunswick DCM MHD CITY
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that Wilmington District Project Manager identified on page two is in receipt of a signed copy of this form before conducting
authorized impacts, unless otherwise specified below. If more than one Mitigation Sponsor will be used to provide the
mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic
Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must
be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released
and are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified
mitigation, regardless of whether they have received payment from the Permittee. Once the form is signed, the Sponsor
must update the bank ledger and provide a copy of the signed form and the updated ledger to the Permittee, the Project
Manager who issued the permit, the Bank Project Manager, and the District Mitigation Office (see contact information on
page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03040208, Lumber River Basin
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.047
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030005, Cape Fear River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.20
Mitigation Site Debited: Lower Cape Fear Umbrella Mitigation Bank White Springs Tract
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. Ifthe NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to he completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the Wilmington
District, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide
the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Date July 7, 2020

RECEIVED
USACE Wilmington District DEC 062022
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit: MP SECTION
DCM MHD CITY
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized
impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas
may proceed upon permit issuance; however, a copy of this form signed by NCDMS must be provided to the District
within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the District has received this
form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the District, the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a newversion of this form must be completed and included in the District administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
District Project Manager at the address below, 3) the Bank Manager listed in R/BITS, and 4) the Wilmington District
Mitigation Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest NC27587 (or by email to SAWMIT(dusace.ormv.mil).
Questions regarding this form or any of the permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Greg Currey
USACE Field Office: Wilmington Regulatory Field Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC28403
Email: [e-mail]
yDigitally signed byGregory Currey
Gregory Curre
Date: 2022.12.0616:53:01-05'00'
Wilmington District Project Manager Signature
Click here to enter a date.
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.armv.mil.
Page 2 of 2

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01804 County: Brunswick County U.S.G.S. Quad: Lockwoods Folly
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: John & Terri Bednarz
RECEIVED
Address: 2428 Falls River Ave DEC 0 6 ZOZ"Z
Raleigh, NC 27614
MP SECTION
Size (acres) Nearest Town Oak Island DCM MHD CITY
Nearest Waterway Long Bay River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.918412: Longitude:-78.165046
Location description: The wetlands to be filled are adjacent to Davis Canal at 124 SW 41h Street
Oak Island, Brunswick County, North Carolina.
Description of project area and activity: The proposal is to fill 0.047 acre of freshwater wetlands
(404 wetlands) adjacent to Davis Canal to construct the Bednarz residential structure and
attendant structures (swimming pool, driveway, etc.).
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344);
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 18
SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated December 3, 2021. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is

SAW-2020-01804
completed within twelve months of the date of the nationwide and/or regional general permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case -
by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Greaory Currey at [phone] or
G regory. E. C u rrev(& us ace.a rmy. m i I.
Corps Regulatory Official:
Expiration Date of Verification: March 14, 2026
Date: December 6, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulato!y.ops.usace.army.mil/customer-service-survey
Copies furnished by email:
Ben Brink (CPG, LLC)
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Holley Snider (NC DWR)
RECEIVE2,
DEC 06'.�Z
MP SECTION
DCM MHD CITY

Action ID Number: SAW-2020-01804 County: Brunswick County
Permittee: John & Terri Bednarz
Project Name: 124 SW 4th St / Oak Island / Brunswick / John and Terri Bednarz
Date Verification Issued: December 6. 2022
Project Manager: Gregory Currey
Upon. completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
RECEIVED
DEC 062022
MP SECTION
DCM MHD CITY

Luck, Cameron A
From: Harding, Kimberlee k
Sent: Monday, October 17, 2022 1:55 PM
To: Dunn, Maria T.; Luck, Cameron A; Snider, Holley
Cc: Currey, Gregory E CIV USARMY CESAD (USA); Mickey Sugg
Subject: RE: [External] 124 SW 4th Oak Island Bednarz Changes to Proposal Oct 7 2022
Follow Up Flag: Follow up
Flag Status: Flagged
Thank you Cameron.
The NCDMF do not have any further comments.
NI—M
Kim6erlee Harding
Ha6itat and Enhancement ejection
NC Division of Marine risheries
Lim6er1ee.hardln£9ncdenr.eov
910.796.7475 (Office)
From: Dunn, Maria T. <[e-mail]>
Sent: Monday, October 10, 2022 1:18 PM
To: Luck, Cameron A <[e-mail]>; Harding, Kimberlee k <[e-mail]>; Snider,
Holley <[e-mail]>
Cc: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>; Mickey Sugg
<M ickey.t.sugg @ usace.a rmy. m i I>
Subject: RE: [External] 124 SW 4th Oak Island Bednarz Changes to Proposal Oct 7 2022
Cameron,
Thank you for the information. The NCWRC recognizes the reduction of impacts to Section 404 wetlands from the earlier
proposal. This reduction helps minimize overall impacts the project will have on environmental resources; therefore, our
concerns have been addressed to the greatest extent practicable and we have no further comments or
recommendations.
Please don't hesitate to call or email if I can provide additional assistance.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916

www.ncwildlife.ora
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Luck, Cameron A <Cameron.Luck([e-mail]>
Sent: Monday, October 10, 2022 12:59 PM
To: Dunn, Maria T. <[e-mail]>; Harding, Kimberlee k<Kim berlee. Hardingt@ ncden r.gov>; Snider,
Holley <[e-mail]>
Cc: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>; Mickey Sugg
<M [e-mail].m il>
Subject: FW: [External] 124 SW 4th Oak Island Bednarz Changes to Proposal Oct 7 2022
Good Afternoon all,
In revisiting the Bednarz proposed fill, the applicant has provided updated drawings that include the removal of
proposed impacts to 404 wetlands within the 75' AEC. The applicant still proposes .047 acres of 404 fill for the purposes
of grading to accommodate a pool, landward of the 75' AEC.
With these changes, the applicant is now proposing an elevated walkway across the area to access a to be constructed
docking facility. Let me know your thoughts, and Holley I believe USACE will be able to go nationwide on this but will let
him verify.
Thanks,
Cameron Luck
Assistant Major Permits Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
[phone] - office
Cameron. Luck(rDncden r.gov
400 Commerce Avenue
Morehead City, NC 28557
hfto://portal. ncdenr.ora/web/cm/dcm-home
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Ben Brink <[e-mail]>
Sent: Friday, October 7, 2022 4:34 PM
To: Amico, Patrick 1 <[e-mail]>; Currey, Gregory E CIV USARMY CESAW (USA)
<[e-mail]>; Luck, Cameron A <[e-mail]>
Cc: JOHN BEDNARZ <[e-mail]>
Subject: [External] 124 SW 4th Oak Island Bednarz Changes to Proposal Oct 7 2022

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Scam.
Patrick, Greg, and Cameron,
Mr. Bednarz would like to confirm that with appropriate local approval that he can clear/grade his lot on Oak Island
(124 SW 4th St.). He is not proposing fill or excavation just to cut vegetation to grade.
Also, take a look at the attached drawing with no fill proposed within 75' AEC and a 6' wide raised walkway to access the
docking facility.
Pending USACE approval (nationwide) to fill the area landward of 75' AEC (less than 0.10 of an acre) which 'requires no
mitigation, would we need to go through with the CAMA Major because the only structure within the AEC is now the 6'
raised boardwalk? Could we get that permitted under a CAMA Minor or as a tag -along to the active General Permit for
the docking facility?
As it stands now we are waiting for Corps approval which is more likely to be granted with proposed fill landward of 75'
AEC (adjacent to proposed pool).
Best,
Ben
Coastal Permit Guy, LLC
[phone]
Helping you get your work done!
COASTAL
P E R M I TGUY

DocuSign Envelope ID: 08E490F1-46C8-4EF7-936C-04895CFAE7IB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
November 29, 2022
DWR # 20211655
Brunswick County
John and Terri Bednarz
2428 Falls River Avenue
Raleigh, NC 27614
Subject: Approval of Individual 401 Water Quality Certification
124 SW 4th Street, Oak Island
USACE Action ID. No. SAW-2020-01804
Dear Mr. & Mrs. Bednarz:
Attached hereto is a copy of Certification No. WQ0005393 issued to John and Terri Bednarz, dated
November 29, 2022. This Certification replaces the Certificate of Coverage issued on December 21,
2021. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including'those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Noah Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Eu. I Wilmington, Noah Camlin8 28405
910.796,7215

DocuSign Envelope ID: 08E490F1-46C8-4EF7-936C-04895CFAE7IB Bednarz-124 SW 4" Street, Oak Island
DWRit 20211655
Individual Certification kWQC005393
Page 2 of 10
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements forfiling a Petition and Petition forms may be accessed at
http://www,ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.
Sincerely, DocuSigned by:
EKA6n1t& SA Lu —64
EOABAUAC7DC U...
Morella Sanchez -King
Regional Operations Supervisor
Electronic cc: Ben Brink, Coastal Permit Guy
Gary Beecher, USACE Wilmington Regulatory Field Office
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
®rkQ� North Carolina Department of Environmental Quality I Division of Water Resources
612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 08E490F146C84EF7.936C-04895CFAE7IB
DWR 401 & Buffer Permitting Branch Electronic file
Bednarz-124 SW 4" Street, Oak Island
DWR# 20211655
Individual Certification #WQC005393
Page 3 of 10
Filename: 20211655_Bednarz_124 SW 4thSt_IWQC_BrunsCo_Nov.22.docx
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Mnn�r min 91%707.9000
o,p,ammnmrmemamq

DocuSign Envelope ID: OSE490F1-46C8-4EF7-936C-04895CFAE7IB
Bednarz-124 SW 4t6 Street, Oak Island
D W R# 20211655
Individual Certification #WQC005393
Page 4 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005393 is issued inconformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to John and Terri Bed narz, who have authorization for the impacts listed below,
as described within your application received by the N.C. Division of Water Resources (Division) on
November 9, 2021, the updated application materials and the USACE approved jurisdictional
determination received on November 2, 2022 and by Public Notice issued by the N.C. Division of Coastal
Management on November 13, 2021.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Plan Location or
(units) Permanent
(units) Temporary
reference
404/401 Wetlands
Project narrative
Lot fill
0.047 acres
N/A
and sheet one and
two dates
12/03/2021
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. If this Water Quality Certification is used to access residential, commercial or industrial building
sites, then all parcels owned by the permittee that are part of the single and complete project
authorized by this Certification must be buildable without additional impacts to streams or
wetlands.
Citation: 15A NCAC 02H .O502(a),,15A NCAC 02H .0506(b); 15A NCAC O2H .O507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected in determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained
jurisdictional wetlands, waters, and state regulated riparian buffers within the project
boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC
02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian
1.0 ®Ea�13 North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
arnrv�rv,xr ru" 919,707.9000
xMmem rwnmrmovm�

DocuSign Envelope ID: 08E490F1-46C8-4EF7-936C-04895CFAE7IB Bednarz-124 SW 4`h Street, Oak Island
D W R8 20211655
Individual Certification #WQC005393
Page 5 of 10
Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of
recording of the property or individual parcels, whichever is appropriate.
Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .05O6(b); 15A NCAC 02H .O507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
3. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506;15A NCAC 02H .05O7(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
S. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
North Carolina Depatha ent of Environmental Quality I Division of Water Resources
® � Q'
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
�wm�ema�rti....owm odM�
919.707.9000

DocuSign Envelope ID: 08E490F146C84EF7-936C-04895CFAE7IB Bednarz-124 SW 4`h Street, Oak Island
DWR# 20211655
Individual Certification #WQ0005393
Page 6 of 10
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
6. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, orstreambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H.0507(c); 15A NCAC 02B .0200;15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
®ns�Nonh Carolina DepanmenlofEnvimnmental Quality l Division ofWater Resoumes
612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
""'^""'a � 91%707.9000
xo.mm.m rw,...oau��

DocuSign Envelope ID: 08E490F1-46C8-4EF7-936C-04895CFAE718 Bednarz-124 SW 41h Street, Oak Island
DWR# 20211655
Individual Certification NWQC005393
Page 7 of 10
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
8. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 0211.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200, 15A NCAC 02B .0231
®�W%1- North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
hMMMN[nMvepl��

DocuSign Envelope ID: 08E490F1-46C8-4EF7-936C-04895CFAE71 B Bednarz-124 SW 4" Street, Oak Island
DWR# 20211655
Individual Certification NWQC005393
Page 8 of 10
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protectsuch uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
10. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
11. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b),,15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
12. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15ANCACO2H.0506(b),,15ANCACO2H.0507(c)
� In North Carolina Department ofEnviromnental Quality l Division of Water Resou¢es
612 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
anmrrsw»ry 919.707.9000
anmm.marm...�omi m.m

DocuSign Envelope ID: 08E490F1A6C8-4EF7-936C-04895CFAE7IB Bednarz-124 SW 4`h Street, Oak Island
DWRk 20211655
Individual Certification #WQC005393
Page 9 of 10
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
13. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odorshall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetlond flora and fauna are maintained to protect
biological integrity of the wetland, • and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
15. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H.0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
EQ�' North Carolina Department of Environmental Quality I Division of Water Resources
612 North Salisbury Street 1 1617 Mail service Center I Raleigh, North Carolina 27699-1617
.ewmm 919.707.9000
rewnr.morr.ti

DocuSign Envelope ID: OBE490FI-46C8-4EF7-936C-04895CFAE7IB Bednarz-124 SW 4`h Street, Oak Island
DW Rq 20211655
Individual Certification tlWQC005393
Page 10 of 10
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity;- wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
16. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .05O6(b),,15A NCAC 02H .O507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided.for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
17. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC O2H .0506(b); 15A NCAC 02H .05O7(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 29th day of November 2022
Morelia Sanchez -King
Regional Operations Supervisor
MSK/hs
00�011& Q14 North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
wwnvvnw 919.707.9000
ut.nmatenn..oumm.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BPAXTON DAVIS
Director
November 8, 2021
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR. pov
SUBJECT: D & F
Applicant: John & Terri Bednarz
Project Location: 124 SW 414 Street adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland rill within the 30ft. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
�re incorporated. See attached.
✓ This agency objects to the project for reasons described in the attached
'/�` J�( lc{omments.
PRINT NAME \ AXAVLt �' V1.LI.1lYOya
AGENCY 1 bu:AA� tyc
RECEIVED
SIGNATURE
NOv 18 2021
DATE LI MP SECTION
DCM - MHD CITY
IIf.1TifAFOII ��1�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
2R�Itl•S•>f`1141

To: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Dear Mr. Luck,
The Development Services Department of. Oak Island has objections regarding
the proposed project at 124 S.W. 4th St. Currently, there is insufficient information
to determine whether the proposed fill meets our local ordinances. I have
attached the town's fill ordinances on the next page. In order to approve the
project, our department will need a fill plan featuring topography and the pre- and
post -elevations of the fill area. We will also need the elevations of the
neighboring properties to ensure fill compliance at the local level. Until our
department receives these items for review, we cannot approve the proposed
project.
Sincerely, /� I//7
CSC-i"U
Courtney Milliron
Floodplain Admini rator/CAMA-LPO
Town of Oak Island
4601 E. Oak Island Dr.
Oak Island, NC 28465
[phone]
RECEIVED
C40 18.021
MP SECTION
DCM - MHD CITY
Development Services
4601 E. Oak Island Drive • Oak Island, North Carolina 28465
Phone: [phone] • Fax: [phone] • Website: www.oakislandne.com

Fill Ordinance
FiR, lot
The amount of fill added to a lot will be no greater than one foot above the clown of the road or
even with the highest adjacent lot, whichever is less, and will not be greater than is necessary to
meet the health department requirements for an improvement permit. Fill greater than one foot will
have an engineered fill plan for stabilization and stormwater retention. Lots requiring fill up to one
foot for the purposes of elevating above flood for Letter of Map Revision Based on Fill (LOMR-
F), leveling a lot with drastic elevations or for the purpose of commercial stormwater designs may
do so in accordance with Section 10.104.1 . '
SECTION 10.104.1 FILL
For projects for which fill over one foot is requested, engineered stormwater retention measures,
such as retention ponds, or an underground infiltration system, and a Soil Stabilization Plan are
required. Engineered fill plans must demonstrate how stormwater runoff, in excess of 1.5 inches,
will be directed toward the street right-of-way and not towards adjacent properties. Residential
lots seeking a Letter of Map Revision Based on Fill may have up to a maximum of 1 foot of fill.
RECEIVED
NOV 18 2021
MP SECTION
DCM - MHD CITY

Luck, Cameron A
From: Courtney Milliron <cmilliron @oakislandnc.gov>
Sent: Tuesday, April 26, 2022 12:03 PM
To: Ben Brink
Cc: Amico, Patrick J; MacPherson, Tara; Luck, Cameron A, Steve Edwards
Subject: [External] RE: 124 SW 4th CAMA Permit Add Info on Hold For Oak Island Request
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Rgport Soam.
Good Morning All,
Based on the fill plans submitted on 3/22/22 and 4/11/22 and Steve Edwards' site visit yesterday, 4/26/22, the town has
no objections to the proposed development for this permit. The submitted fill plans show compliance with the town's fill
ordinance. Please let me know if there are any questions!
own of
�-
6ak
layn�rI
'A Pfdce to C045V
Mareh Caronna
Courtney 9Kicciron
Floodplain Administrator/CAMA-LPO
Phone: [phone]
cmilliron(cDoakislandnc.aov
From: Ben Brink [mailto:[e-mail]]
Sent: Friday, March 25, 2022 12:26 PM
To: Courtney Milliron <[e-mail]>
Cc: Amico, Patrick 1 <[e-mail]>; MacPherson, Tara <[e-mail]>; Luck, Cameron A
<[e-mail]>; Steve Edwards <[e-mail]>
Subject: Re: 124 SW 4th CAMA Permit Add Info on Hold For Oak Island Request
I will share your comments with the applicant. Thanks Courtney! Hope you all have a good weekend!
On Fri, Mar 25, 2022 at 9:41 AM Courtney Milliron <cmilliron&oakislandnc.gov> wrote:
Good Morning Ben,
Steve Edwards and I reviewed the fill plan this morning. Currently the cross sectionals only show the fill from the front
of the lot to the back of the lot. We need the side to side cross sectional to review the slope and swell of the fill in
between the neighboring properties to determine local fill compliance. Please let me know if you have any questions.
Thank you!

ROY COOPER
Gavema'
� ' c5
ELIZABETHS.BISER
secretary
1 "
BRAXTON DAVIS
NORTH CAROLINA
Director
Environtnentat Quattty
November 8, 2021
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC28557
Fax: 252-247�3330 (Courier 11-72-o9)
cameron luck(5NCDENR ooy
SUBJECT: D & F
Applicant: John R Terri Bednarz
Project Location: 124 SW 4t1 Street, adjacent to Davis Canal, Oak island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non -jurisdictional
wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as.proposed.
"Additionalcomments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINTNAME_��
- � r<Sn s r cis.•
AGENCY
SIGNATURE1`
RECEIVED
JAW Q 4 2622
DATE 1—-t0zZ MP'SECTIORI `
DCM - MHO CRY
North C=UnaDepartmentofEnv" mentalQunlily I DIvlslonofCoastal Management
Wilnungton Office I i27Cardlnal Drive Extension I MIntington, North Carolhw 28405
ammo�a 910,796,7215 ; -

North Carolina Wildlife Resources Commission �N
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM; Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: January 4, 2622
SUBJECT: CAMA DreagelFill Permit Application for John Bednarc, Brunswick County,
North Carolina.
Biologists with the North.Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 124 SW O,
Street, adjacent to Davis Canal in Oak Island,,NC. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S.113A-100 through 113A 128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as
amended '(16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Siat. 401, as amended; 16
U.S.C. 661 et seq), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as
amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.).
The applicant proposes to fill 0.131-acre of previously US Army Corps of Engineers (USACE) deemed
non jurisdictional wetland area within the 30`coastal shoreline buffer and 75' estuarine shoreline area to
allow access to Davis Canal for recreational use of the undeveloped property. No residence is proposed at
this time and no reference was made with regard to septic or other setbacks. It is unclear if the wetland
area would now be jurisdictional by the USACE due to recent regulation changes. Davis Canal in this
area. is classified $A HQW by the Environmental Management Commission and are designated a
seeondarynursery area by the NC Division of Marine Fisheries (NCDMF).
The NCWRC has reviewed the permit application and is concerned with the wetland fill proposal. The
stated purpose and need of the project is access to Davis Canal. Access can be provided via structure,
such as apier, that crosses the wetlands. This occurs on many lots with riparian wetlands and requires t
little to no wetland fill. Riparian wetlands, especially'adjacent to SA HQW and secondary nursery waters,
provide numerous habitat opportunities and important water quality functions. Wetlands fdter runoff from
Mailing Address: Habitat Conservation • 1721 Mail Scrvtcc Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
adjacent uplands, reducing nutrient and sediment inputs into adjacent waterbodies. They also provide
excellent habitat opportunities for aquatic and avian species. The NCWRC cannot determine from
information provided within the application that impacts to wetlands have been avoided or minimized.
-Avoidance and minimization of impacts to wetlands, especially within the 30' coastal shoreline buffer
and 75' estuarine shoreline area, should be demonstrated.
We appreciate the opportunity Wreview and comment on this permit application and took forward to
additional, information as it becomes available. If you need further assistance or additional information,
please contact me at (252):948-3916 or at maria.dunn(dnewildlik,.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 8, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(cD NCDENR.Qov
SUBJECT: D & F .
Applicant: John & Terri Bednarz
Project Location: 124 SW 41h Street, adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY NCDMF
SIGNATURE
DATE
12/20/21
MRiTI CAPOIINR� � ���
RECEIVED
DEC 2 01117+
MP SECTION
®CM • Ui ND am
�r
TA
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
TO: Cameron Luck, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: John and Terri Bednarz
DATE: December 6, 2021
A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has
reviewed the CAMA Major Permit application for proposed actions that impact fish and fish
habitats. The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area, with upland fill within the 30 ft. Coastal Shoreline Buffer and 75 ft. Estuarine
Shoreline Area to allow access to Davis Canal for recreational use of the property. The waters of
Davis Canal in the project area are classified as SA-HQW by the Division of Water Quality. The
waters in the project area are designated as Primary Nursery Area by the NCDMF and they are
closed to the harvest of shellfish.
Based on the interpretation of the EPA's 2020 CWA Section 401 Certification Rule, prior
to the recent rule change on October 21, 2021, the 0.13-acre site was deemed non jurisdictional
§404 wetlands in that there was no hydraulic connection between the non -jurisdictional wetlands
on the landward side of the berm. The DCM field representative identified the coastal wetlands
were primarily Smooth Chordgrass (Spartina alternii fora) with standing water.
Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ
2015). Coastal wetlands are a productive detritus -based system that trap nutrients, toxins and
sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to
flood damage, and provide nursery functions and support fish production. The Division has
concerns that water quality can become degraded with the loss of coastal wetlands and that flood
waters will flow directly into the adjacent SA-HQW waters without the filtration wetlands
provide. For these reasons, NCDMF recommends not filling the coastal wetlands, and instead
build an elevated walkway over the wetlands that will connect the upland to the permitted pier
and docking facility.
Contact Kimberlee Harding at [phone] or Kimberlee.Harding-(a),ncdenr.gov with further questions
or concerns.
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I PA. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

Luck, Cameron A
From:
Currey, Gregory E CIV USARMY CESAD (USA)<[e-mail]>
Sent:
Thursday, March 3, 2022 3:59 PM
To:
[e-mail]
Cc:
Ben Brink; Amico, Patrick J; Luck, Cameron A
Subject:
[External] SAW 2020-01804 John and Terri Bednarz Proposed Wetland Fill
Attachments:
Bed narz.bio.narrative.application.deed.drawings.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Reoort Spam.
Mr. and Mrs. Bernardz, the wetlands that you have proposed to fill in the above permit application have been
determined to be "non -jurisdictional' by the Corps of Engineers. The address for this property is 124 SW 41h Street, Oak
Island, NC. Therefore, no permit is required from the Army Corps of Engineers for this proposal.
You may still need to contact the NC Division of Coastal Management concerning their permit requirements.
Let me know if you have any questions.
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 8, 2021
NORTH CAROUNA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)N CDENR.Dov
SUBJECT: D & F
Applicant: John & Terri'Bednarc
Project Location: 124 SW 4th Street, adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
_ X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE S4.Li� for Shannon Jenkins
RECEIVE[:
DATE 11/10/21
NOV 15 3is+
MP SECTIUt�
DCM - MHO r;!T"
North Carolina Department of Environmental Quality I Division of Coastal Management
wear •m
D E Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 8, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron luck(o)NCDENR.aov
SUBJECT: D & F
Applicant: John & Terri Bednarr
Project Location: 124 SW 4ti' Street, adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Su
SIGNATURE f c,, &��
DATE 11-18-21
RECEIVED.
NOV 1 81011
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
coymor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
November 8, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckANCDEN R.00v
SUBJECT: D & F
Applicant: John & Terri Bednarz
Project Location: 124 SIN 40, Street, adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: —t"� This agency has no objection to the project as proposed.
"Additional comments may be attachedg �—
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME lM o f �i l 2 Art,- 1� cn n+ w l 1 f n z t d >< v
a bi'QP
AGENCY N( bxdef. 0� 60mly)"-C .e
SIGNATURE rn ✓ i h
DATE _ !f I zq 12-1
VVC4b,kid jVr;SdI,4CA^ rJI,'S,
RECEIVED
NOV 2 91011
MP SECTION
DCM - MHD CITY
D�R� North Carolina Department of Environmental Quality I Division of Coastal Management
_ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
o+wta�"mvgYa.0
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 8, 2021
MEMORANDUM:
NORTH CAROLINA
EnvtranmentaliQaattry
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck((DNCDEN R.Qov
SUBJECT: D & F
Applicant: John & Terri Bednars
Project Location: 124 SW 41h Street, adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdiclional
wetland area with upland fill within the 3011. Coastal Shoreline Buffer and 7511.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed. project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
_ This agency objects to the project for reasons described in the attached
comments. No slips involved.
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE W �14 L(A�U � RECEIVED
DEC 0 3 2021
DATE December 3, 2021 Mp b1ECTION
DCM.: MHD CITY
D E Q� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Carcilnal Drive Extension I Wilmington, North Carolina 28405
J
mme� /`� 910.796.7215

GI.GI V GU. 1 lr 1 / � LVL 1
istoric Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 8, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 21-2776
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a) NCDEN R.00v
SUBJECT: D & F
Applicant: John & Terri Bednarz
Due: 12/6/2021
11/23/2021
No comment - SBA
Project Location: 124 SIN Street, adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland fill within the 30R. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
SIGNATURE v
DATE 12/06/2021
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wimington, North Carolina 28405
910.796.7215

MEMO
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, John and Terri
Bednarz, Oak Island, Brunswick County
Date: January 7, 2022
Consistency Determination:
This project is consistent with the Oak Island. Land Use Plan Update.
The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland fill within the 30 ft. Coastal Shoreline Buffer and 75 ft.
Estuarine Shoreline Area to allow access to Davis Canal. The project is located at 124
SW 411 Street, Oak Island, Brunswick County.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES.
Waters at the project site are classified as SA; HQW and are not open to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the Town of Oak Island Land Use
Plan and offer the following comments.
The general area of the project is classified Single -Family Residential.
In general, the Town of Oak Island allows development in Single-family residential
classified AECs which is consistent with the State's minimum use standards. The Town
of Oak Island Land Use Plan contains some policies, which exceed the State's minimum
use standards. However, none of these standards appear to be applicable to this proposal.
Provided all local, state and federal requirements can be met, this project appears to
be consistent with the Town of Oak Island Land Use Plan.
Cc: File

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: John & Terri Bednarz clo Coastal Permit Guy LLC
2, LOCATION OF PROJECT SITE:124 SW 4th Street, adjacent to Davis Canal, Oak Island, Brunswick
County. Latitude: 33.917977 N Longitude:-78.165110 W
3.INVESTIGATION TYPE: D&F
4,INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/9/21 Was Applicant Present -No
5. PROCESSING PROCEDURE: Office- Wilmington
Application Received
8I612021
DWR WQC Pre -filing date:
6/23/2021 (no longer applies)
Application Complete
10/21/2021
Day 30 for WQC Pre -tiling
7/23/2021 (no longer applies)
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Brunswick County
Land Classification From LUP -Residential
(B) AEC(s) Involved: ES
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None Planned - Municipal
(F) Type of Structures: Existing - vacant lot
Planned - fill 0.131 acres of potentially non -jurisdictional (formerly
section 404) wetland for recreational access to Davis Canal
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open water
(C) Other (Highground)
5706 SF
(non -jurisdictional wetlands, formerly § 404)
(D) Total Area Disturbed:5706 f12/0.131 acres
(E) Primary Nursery Area: Yes
(F)Water Classification: SA-HQW Open: No
PROJECT SUMMARY: The applicant proposes to fill 0.131 acres of previously deemed non -jurisdictional
wetland area with upland fill within the 30 ft. Coastal Shoreline Buffer and 75 ft. Estuarine Shoreline
Area allow access to Davis Canal for recreational use of the property.
RECEIVED
NOV 0 9 2021
DCM-MHD CITY

John and Terri Beduarz
Page 2
9. PROJECT DESCRII'TION:
The project site is located at 124 SW 4'h Street in Oak Island, adjacent to Davis Canal in Brunswick
County. To locate the property, travel west on US-74 and exit on US-17 S, traveling approximately 24
miles until you reach NC-906. Turn left (south) onto 906 and travel approximately 10 miles. Turn right
onto West Oak Island Drive, travel 0.2 miles and turn left onto SW 411 street. The property of interest will
be on the left.
The project area is an undeveloped 0.45 acre parcel that ranges from 0-12' above normal high water
(NHW). The property is bordered to the west, east, and north by residential homes, and to the south is
Davis Canal. The property is a Flagpole shaped lot, with access leading from the side of SW 4th Street, to
the immediate north of Parcel ID 234LF02402. The lot then turns to the south and tuns to the shoreline of
Davis Canal. Upland vegetation on the property currently consists of various native trees and shrubs such
as sweet gum, pine trees, oak, and southern magnolia. Moving south along the property from the center
towards the shoreline, there is an 0.13 acre area of wetlands that were deemed non jurisdictional wetlands
(before the recent changes to the 2020 Section 401 Certification Rule) in an U.S. Army Corps of
Engineers (USACE) Notification of Jurisdictional Determination (J/D.) dated 2/22/21 (attached). Between
the wetlands and normal high water, there is an upland berm, likely historical fill from the creation of
Davis Canal. According to the J/D. there was no hydraulic connection between the non -jurisdictional
wetlands on the landward side of the berm, and the waters of Davis Canal. Waterward of the berm, the
property contains a small area of §404 jurisdictional wetlands (0.004 acres), which are included in the
J.D., as well as a thin band of Coastal Wetlands (0.003 acres), consisting primarily of Smooth Chordgrass
(Sparlina alterniora). There is approximately 60 LF of shoreline at Normal High Water (See Section
404/401 Preliminary Delineation Sketch, Preliminary Site Plan for John Bednarz, Cross Sectional, and
Notification of Jurisdictional Determination )..
CAMA Permit GP 80204D was issued in July 2021 (and re -issued November 2021) for the construction
of a two -slip docking facility however construction has not begun at the time of this review. The waters
of Davis Canal in the project area are classified as SA-HQW by the Division of Water Quality. The
waters in the project area ARE designated as Primary Secondary Nursery Area) by the N.C. Division of
Marine Fisheries and they are CLOSED to the harvest of shellfish.
10. PROPOSED PROJECT:
The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional wetland area with
upland fill within the 30 ft. Coastal Shoreline Buffer and 75 ft. Estuarine Shoreline Area to allow access
to Davis Canal for recreational use of the property. The applicant has not yet applied for a permit for
single family residence construction on the lot, but indicated that a home would be constructed at a later
time. According to the Notification of Jurisdictional Determination from the USACE dated 2/22/21
(Action ID SAW-2020-01804) that was included in the application materials, a site visit was conducted
on 12/30/21 with Gary Beecher of the USACE and Paul Farley of Land Management Group (LMG). It
was concluded at the time that there was no direct hydraulic connection for the 0.13 acre wetland and
Davis Canal. Based on the interpretation of the EPA's 2020 CWA Section 401 Certification Rule, prior
to the recent rule change, the 0.13 acre site was considered non jurisdictional (See Preliminary Site Plan
for John Bednarz, and Notice of Jurisdictional Determination). The applicant is proposing to fill the area
with clean upland fill brought to the site via haul trucks and redistributed on site with heavy equipment
RECEIVED
Nov 0 9 2021
DCM-MHD CITY

John and Terri Bednarz
Page 3
11. ANTICIPATED IMPACTS:
The proposed fill would permanently impact 5,706 SF of what was previously deemed non -
jurisdictional wetlands adjacent to Davis Canal. Due to recent changes with the 2020 Section
401 Certification DCM is unclear if this area would be determined to be §404 jurisdictional
wetlands at this time. The proposed wetland fill is not part of a shoreline stabilization project
and would be located within 30 ft. of Normal High Water, the fill material and elevation changes
may increase stormwater runoff to adjacent surface waters.
In the application materials, the applicant has indicated he is willing to mitigate fill impacts if
deemed necessary (See Project Narrative).
Please Note: If the wetlands are determined to be jurisdictional, the portion of the proposed
wetland fill within 30 ft. of NHW would be INCONSISTENT with the Rules of 15A NCAC 7H
.0209(10), which lists the exceptions for allowable development located within 30 ft. of Normal
High Water. 15A NCAC 7H .0209(10)(G) allows for "Grading, excavation and landscaping,
with no wetland fill except when required by a permitted shoreline stabilization project" within
the 30 ft. Coastal Shoreline Buffer. "Project shall not increase stormwater runoff to adjacent
estuarine and public trust shorelines."
The adjacent property owner on the western side of the applicant's property, Robert Behr, has
submitted a letter to the Division of Coastal Management, dated as received by DCM 7/29/21,
with concerns regarding stormwater runoff and seeking assurance that his property would not
experience adverse effects due to this proposed project (attached).
Submitted by: Patrick Amico Date: 11/5/2021 Office: Wilmington
RECEIVED
NoV 0 9 2021
DCM-MHD CITY

Prolect Narrative for 124 SW 4" Street (Bednarz):
The applicant is proposing to fill approximately 0.131 acres of non -jurisdictional wetlands with clean
upland fill to allow access to Davis Canal in Oak Island at 124 SW 41" Street. The private residence on site
is yet to be constructed as the property owner recently purchased the lot in June 2021. The proposed fill
area is not directly connected to the Davis Canal and it is separated/surrounded by upland areas. The
adjacent properties are residential properties with no wetlands. The applicant is willing to mitigate the
fill area if deemed necessary. The project will use sediment stabilization practices until the sediment is
firmly held in place with substantial ground cover. No coastal wetlands or 404 wetlands are in the
proposed plans. The applicant is seeking to have access to the canal with a similar topography to the
adjoining neighbors.
A CAMA Major Permit is being applied for because a portion of the proposed fill area is within the 75'
AEC.
An approved Jurisdictional Determination is included with this application from the USAGE from
February 2021. An accompanying survey is also included.
RECEIVED
NOV 0 9 2021
DCM-MHD CITY
RECEIVED
AUG 06 ?.021
DCM WILMINGTON, NC

ucr W-1
APPLICATION for
Ma1or Development Permit
(We real... 1111127101)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Appgeend Landowner Inlormedon
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RECEIVED
NOV 0 9 20
Donn contineae can beak,, DCM-MHD CITY
I L t B^! I .., ..pA.• .I A,-ieha. „ow.n.:-ro-e,elo.., .
DECEIVED
OCT] 8 2021
E)CM WILMINGTON, NC

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
Can (can multiple)
SYa'w
w
SbleRF
N/�
le�'qA
samNuN.m.
s%
city
Oak
Stale
NC.
Z
2-wquc,
Phone NO,
Lot No.(st (dmony. attach additional page m1h/dt)
914 - )III - 357y ea Ni•1L
L r7
a. In wh NC dyer basin Is dire project bo&W?
b. Name of body of water nearest to Proposed probed
LullnbeX
rev, S ar1a\
c. Is the weer body iden4hedd� i./ n(EI above. nalugl p manmade
d. Name the coastal major water body to the proposed Project site.
[]Natural []Manmade ponknown
Ts) W
e Is p sad work wlmla city limit or planning Jurisdiction?
f. If applicable Nat the planning Jurisdiction or city Nmlf the Proposed
workfallswithin.
es []No
/�
Toyrt o r oak T-Sli
4. Site Description -- � -- --_ _-
a. TMeI length of shoreline on the eed (it
b. Size of entire [red (sit b.I
,. W1
19(.02
c Size of individual 101(c)
d. Approximate elevation of erect above NHW (ftorma/ high warez) or
fpox2ela 1 O. , O��
NwL t o mat warez ssan J
rp s
lease attach adNbnal page with a Nat)
(if many forsvzas. please.
[]NHW W WL r
�
o. VepBteliM(an bred
Qtrw.s���L*�iSJStse^e-gr"a`"'drr�u- v�r�zlw�,°ram
f Manmade features and uses now m bad
UJevaC)�ed 10
g. Identify and descdCe line existing IBM uses a913Sa111 to the proposed Prolect site
S,Y�yle.,�k;lyhp�,t�Jawl,s(w�n��t•w�/���k���
P�es;d��� p;.?p�,��c�s w/
I I}i t!S
h. How does local government zone the Ini I.
is the proposed pro(ecltccoensistent wish the appicable mnngl
tt�y nn //
Qf�' —�D
(Alfach zoning complie carfil e. If applicable)
,M.,''/n
1�
[]Yes []No
I. Is the proposed activity pad of an urban waterfront redevebpneM propose? []Yea ON.
It Has a Professional archaeological assessment been done br the tract? If yes, a11sU a copy, []Yes []No 611hk
If yore, by whran?
I. is the proposed project towed in a National Registered Historic District or does It involve a []Yes []No 19MA
Reglsbr listed NOV 01
NaltOnal of eligible properI
,VED
9 2021
<Form continues on next page> DCM-MHD CITY
(RECEIVED
;,,..Ina .i5ge .. .ass nu y.,.e ]t ww.:.ac roe ,:.f„,: .,..... OCT 18 2021
DCM WILMINGTON, NC

RECEIVED
Form DCM MP-1 (Page 3 of 4)
a
DEC 0 92022
MP SECTION
DCM MHD CITY
APPLICATION for
Major Development Permit
m. (i) Are there wetlands an the site? (Nctc�Wi t.7yONQ�o�ur,.AYAi ih
Rryes []No
orm)
(II) Are Nero coastal wetlands on the site? i uw
Yes []NO
(III) If yes to either (i) or (it) above, has a delineation been conducted?
(Attach documentation, if available)
es []No
kC -YD
Zp21
t'ud,+` L;,C
n. Describeexisting wastewater treament facilities.
W /A
o. Describe existing drinking water supply source.
NR
p. Dppe��sc^rr�ib��e existing storm water management or treatment systems.
Iv f'f
5. Activides and Impacts
a, Will the project be for commercial, public, or private use? []Co emial []Publict3wernment
0 mJCommunily
b. Give a brief description of purpose, use, and daily operations o1 the project when complete.
1h,.Pr�Ds w !I 's +a give access d-o DAvz-s &1ria1 f6M *L-
IAN" (WeA O-P&- L)y4 t4LoI 1 � .'Ilw prrpos� P1 ju 1 v'a tnuft o�-cseilie
w,� caralaa,es
c. Describe the proposed construction methodology, types of constwinion equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
c l rc� uP(p d .F; l\ vrlL 6- "'a 4 I" G ka'l i,uc: t' a :- lc�— is cl��t ,
'I es�vipw�Yt� wll� {x ` oftA om gli-P— iitrtiu "L(Il' Priv-4 c(t&J;cm f
d. List all development activities you propose. ('' pwalkway from 75' AEC boundary to Docking
� Facility
— f)ii II I a,r'c4 ry— 404 IOW%IGy�L�70r4a( La S s' A deV't Wi�'t!J HllJ.01(Yr('
(r(of all FIt t 10Lr"tgdk 75' AEC -)Ste 5ul-v--Y/71)
a. Are the proposed activities maintenance of an existing project, new work, or both?
L What is the approximate total disturbed land area resulting from the proposed project? ❑SQ.FI or cres
ro 0.111
g. Will the proposed projoct encroach on any public easement, public accessway or other area []Yes &No []NA
that the public has established use of?
h. Describe location andtypo of existing and proposed discharges to waters of the state.
No Also1v "es 4D V40-c aF�w ir¢te .
L Will wastewater or stormwater be discharged into a wetland? []Yes o ❑��NA
If yes, will this discharged water be of the same salinity as the receiving water? (Ltt []Yes []No ffrhA
j. Is there any mitigation proposed? A PQ�iri,�� s �illl n 'ID Nj l77 [ []Yes []No NA
II yes, attach a mitigation proposal. 11 9[,�j' v
<Form continues on back>

RECEIVED
DEC j 22022
MP SECTION
Form DCM MP-1 (Page 4 of 4) MM MHD CITY APPLICATION for
Major Development Permit
6. Addidonallnlformadon
In addlttou to INS crompMred appriaMbn form, fMP-1) the foilowirg items babes, if applicable, must be submitted murder for the application
package to be complete. Items (a) - M are always app/kable to any major development application. Please consul( the application
instruction booklet on how to properly "Part me required Items below.
a. A project nanslive.
b. An accurate, dates work plat (Including plan view and cross -sectional drawings) drawn n scale. Please give the present status or the
proposed project. Is any portion steady complete? If previously authorized work, cleats Indicate on maps, plats, drawings to distinguish
between wink completed and proposed.
c. A she or location map met is sufficiently detailed to guide agency personnel unfamiliar with the area to the site
d. A copy of the deed (with stale application only) or other instrument under which the applicant claims title W the affected properties.
e. The appropriate application No. Check or money order made payable to DENN.
f. A list of the names and complels addresses of the adjacent waterfront (riparian) Landowners and signed return receipts se proof that such
owners have received a copy of the application and plats by certiaed mail. Such landowners must he advised that they have 30 days In
which to submit comments on the proposed project to the Division of Coastal Management.
Name W-!S ES Phone No,
Address 171 S W 21714 St, DAI�Yclard, &110 - (pzA - UZ710
Name Poore No.
Address
Name + ( �/ / An//n�kayNO. qpp rs�
Address ius S W y+t'h Q w W f •V W{ �5 ain - r r l- 7V,7 S
g. A fist of previous slate or fadaal perrrlite Issued for win on the project pact Include permit numbers, permittee, and full dales.
NJA
h. Signed consultant or agent authorization form, if applicable.
1. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in ocaanfronl and inlet areas. (Must be slpned by popady owner)
k. A statement of compliance withthe N.C. Environmenlal POIky Ad (N.C.G.S. 113A 1-00), t necessary. t tha project invokes expenditure
of public curds or use of public Ill affects satemenl docomenting compFance wily Ile North Carolina Environmemal Puliq Act.
I understand that any perm issued in response to this application will allow only the development descnpeo in me 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 truttyll tQ the best of my knowledge.
Date Jun 28,2021 Print theme TOh� UiAtVA�Z-
REVISED Signature
10:04 am, Dec 12, 2021
Pies indicate application attachments pertaining to your proposed project.
@6 MP-2 Excavation and Fill Information EIDCM MP-5 Bridges and Culverts
Q/CM CM MP-3 Upland Development
[]DCM MP4 Structures Information
20a'-Soo-il +-Ali_-a gCslj$: .. •wnw.n<<+xsrn!maae•;cu.... of

RECEIVED
S
DEC 0 92022
MP SECTION
DCM MHD CITY
Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major PemnR, Form DCM MP•1. Be sure to complete ell other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
I GENERAL UPLAND DEVELOPMENT I
a. Type and number of buildings, facilities, units or structures b.
proposed.
2 (Home / Pool)
6' wide walkway crossing 75' AEC to access davis canal
c. Density (give the number of residential units and the units per
acre).
a. It the proposed project will disturb mom than one acre of land. the
Division of Land Resources must receive an erosion and
sedimentation central plan at least 30 days before land -disturbing
activity begins.
(0 If applicable, has a sect/ entatlon and erasion cenlrol plan been
submitted to the D on of Lend Resources?
Dyes ONO A
(it) If yes. list the data submitted b 1 A
r
g. Give the percentage of the tract within the coastal shoreline AEC to
.1L be covered by impervious and/or built -upon surfaces. such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking. o
L Give the porcontugo or the angro treat to bo covorod by Impervious
andlor built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
28%
j. Describe proposed method of sewage disposal.
NIA
I. Describe location and type of proposed discharges to waters of me
slate (e.g., surface runoff, sanitary wastewater, Industrial/
commercial effluent, *wash down' and residential discharges).
NIA
or parcels.
d. Size of area to be graded, filled, or disturbed Including roads,
ditches, etc.
,0. Ill acres of404 LJ-iSt2)4IrDQ
)� f
I. List the materials (such as mad, paver stone, asphalt, ar concrete)
to be used for impervious surfaces.
NIA
h. Projects that require a CAMA Major Development Permit may also
require a Stomrwater Unification.
(I) Has a site development plan been submil(ed to the Division of
Water Duality for review?
ElYes ONO X NA
(II) If yea, net the dare subminad
k. Have the facilities described in Item (1) received state or local
approval?
DYes X No []NA
If yes, attach appropriate documentation.
an. Does the proposed project Include an innovative starmwater
design?
[]Yea X—No [INA
If yes, attach appropriate documentation.

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Maim 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.
[GENERAL UPLAND DEVELOPMENT —_ -
a. Type and rwmberotbudeliegs, facilities, unesorsbswdurea b. Number of lots or parcel.
proposed.1
O 1—
c Density (gne the number of residential units and the units par
acre) f `
1(f d3at 5l ile �rr Li lk�nllyn�e1
-nok� Ih �K I"rrnt�
e It the proposed protect will dieturh more than ons acre at land the
Dlwbn of Laid Rmourcas must receive an erosion and
senimentalion control plan at least 30 days before land -disturbing
irrimly begins
lit 11 applicable. nos a sees nlalion Arid erosbn canlrol plan been
wdnitied to ma D n of Land ResourcesT
QYes ONo
lip If yes. list the dale submitted„.jA
Sae of area to be graded, Finedor daturbed including roads
ditches. all;
�0 - itdic "coal
1. List lbe regionals (such as mad, paver stone, asphalt, or concretei
to be used for Impervious surfaces
NIA
g Give the percentage of tract whin the copbl shelekfM AEC W
h Projects that ropune a CAMA Malor Development Prime may also
.Y_ be covered by Impervious andbr bush-tp it wdac s, su&as
require a Stcmweler CeniM1ugon
pavement, building. raollops, or to be used for veNcular dmaways
(I ties a site deveb pment plan been suMnilled to the Oivlsim or
or parking.
NIA
Water Duality for mOrawo
[)Yes []No X NA
cwp mo oo"oo.mvv or mo ooe,o t•oa w eo oova•oe ey �mpory
or
to b burn upon elneros, such a Or
FiViO . Wiloirq. roohopnup
or to be used For veMaler driveways m pambp.
NIA
j. Describe gopolled method of f age disposal.
WA
I Describe location and typo of proposed discharges to waters of the
alto Lag.,wdN runoff,sanharywastewater,Induatnap
cammsrdal eftbent.'wash down' and residential discharges)
MIA
(it) If yap. Lor situ ere. suemA.n
k Have the laceities described i, Item (p received slate or locel
approvaP
OYes X No ONA
If yes, attach appropriate documentation
in Does me proposed project nciudoaninrwveevestormwwar RECEIVED
design?
[]Yes X INo LINA
IF yes. green appropriate dooumenlabol NOV 0 as 2021
DCM-MHD CITY
OCT 1 8 2021
r)CM WILMINGTON, NC

RECEIVED
in Describe proposed drinking water supply source (a.g., well,
community, public system, eta)
NIA
o. When was the lol(s) plaided and recorded?
Jura 23, 2021 Sednari Deed Recorded)
DEC 122022
MP SECTION
DCM MHD CITY
(i) Will water be Impounded? []Yes []No �A
(ii) It yes, how many acres?# } / /1
p. I( proposed development is a subdivision, will additional utilities be
installed far this upiplid development?
[]Yes I trNA
Dale REVISED
Jun 28, 2021
10:04 am, Dec 12, 2022
Project Name
WItarz
Applicant Name
101,1n &AW z
Applicant Signature

Contact Name * Ben Brink
Contact Email Address*
[e-mail]
Project Owner*
John Bednarz
Project Name *
Bednarz 124 SW 4th St.
Project County*
Brunswick
Owner Address: *
&rear Address
2428 Falls River Avenue
Address Line 2
City
Raleigh
festal / Zip Code
27614
Is this a transportation project? * r Yes r No
Type(s) of approval sought from the DWR:
17 401 Water Quality Certification- r 401 Water Quality Certification -
Regular Exifress
R Individual Permit r Modification
r Shoreline Stabilization
Does this project have an existing project IDA?
rYes RNo
&ate I Rwirce I lei
NC
Country
USA
Do you know the name of the staff member you would like to request a meeting with?
Holley Snider
Please give a brief project description below and Include location Information.*
The applicant is purchasing the lot at 124 SW 4th Street in Oak
Island, NC. There are approximately 0.131 acres of non -jurisdictional
wetlands. The jurisdictional determination has been approved by
Gary Beecher with 11SACE. A survey has been completed with the
wetland boundaries and is in the process of being verified by 11SACE.
The applicant is seeking a General Permit or Certificate of Coverage
to discharge into these non -jurisdictional wetlands to level the lot for
access to the canal.
Project Address:
124 SW 4th Street
Oak Island, NC 28465
Survey/Approved JD Attached.
RECEIVED
NOV 0 9 2021
DCM-MHD CITY
RECEIVED
AUG 06 2021
DCM WILMINGTON, NC

By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature'`
Submittal Date 6/23/2021
RECEIVED
NOV 0 9 2021
DCM-MHD CITY
RECEIVED
AUG 06 2021
0CM WILMINGTON, NC

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020.01804 County: Brunswick County U.S.G.S. Quad: Lockwoods Folly
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
S&C Investments
Thomas Armstrone
7305 Autumn Lake Drive
Summerfield, NC.27358
(3361312-3317
a ru, st rove. d.2(a, ne.conr
Size (acres) 0.45 acres
Nearest Waterway Lone Bav
USGS HUC 003 40208
Nearest Town Oak Island, NC
River Basin Lower Pee Dee
Coordinates Latitude: 33.918412
Longitude:-78.165046
RECEIVED
NOV 0 9 2021
DCM-MHD CITY
Location description: This undeveloped lot is located at 124 SW 4" Street in Oak Island, Brunswick County, NC (Parcel ID:
234LF002),
Indicate Which of the Followine ADply:
A. Preliminary Determination
There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action corder the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
X There are Navieable Waters of the United States within the above described property subject to the permit requirements
X There are waters of the U.S.. includine wetlands on the above described nroiect area subject to the Perr6RCCEIVED
requirements of Section 404 of the Clean Water Act (C WA) (33 USC 6 1344)Unless there is a chanee in the law or our
Page I of 2 AUG 06 2021
DCM WILMINGTON, NC

SAW-2020.01804
Published regulations, this determination may be relied upon for a period not to exceed rive years from the date of this
notification.
_ We recommend you have the waters of the U.S. on your properly delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
X The waters of the U.S.. including wetlands, on your project area have been delineated and the delineation has been
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present oft the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). IF you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Garv.H.BeecherOmsace.armv. m il.
C. Basis For Determination: This site exhibits 0.004 acres of 404 wetland criteria as described in the 1987 Corns
Wetland Delineation Manual and The Atlantic and Gulf Coastal Plain Regional Sunulement, Montgomery Slough is a
Navieable Waterway,
D. Remarks: A site visit was conducted on December 30.2021 with Paul Farley (LMG). The visit revealed that there is no
direct hydraulic connection for the 0.13acre wetland and Monteomery Slough. There is a historic berm located between these
two features. Based on the N WPR the 0.13 acre wetland is no longer a Jurisdictional Water of the U.S.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) formi,,tyT (VJIM to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A.SHANNIN@USACC: ARMY.MIL
hut,06NZ,
Dcm WILMINGTONsUg
RECEIVED
NOV 0 9 2021
DCM-MHD CITY

SAW-2020-01804
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by April 22, 2021.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Digitally signed by GARY H. BEECHER
GARY H. BEECHER Date: 2021.02.22 09:56:19 -05'00'
Corps Regulatory Official:
Date: February 22. 2021 Expiration Date: February 22, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htty://corpsmapu.usace.armv.mil/cn1 apex/Pp=136:4:0.
Copy Furnished via e-mail to:
Consultant:
Wes Frvar
Land Manaeement Grouo
3805 Wriehtsville Avenue, Suite 15
Wilmington, NC 28403
[phone]
wfrvarRilairroun.nel
RECEIVED
NOV 0 9 2021
DCM-MHD CITY
RECEIVEt)
AVG 0,6 2021
DCIN WILMINGTON, NC

ROY COOPER
G,,,orw
ELIZABETH S. BISER
BRAXTON DAVIS
Ben Brink
Coastal Permit Guy LLC
P.O. Box 1661
Carolina Beach, NC 28428
Dear Mr. Brink:
0
SORtH CAROLINA
fn virenmental Quality
November 5, 2021
The Division of Coastal Management hereby acknowledges receipt of your application for development of the subject
property, on behalf of John and Terri Bednarz, located at 124 SW 4e Street adjacent to the Davis Canal, in Oak
Island, in Brunswick County. It was received as complete on October 21, 2021, and due to recent changes with the
2020 Section 401 Certification Rule, appears to be adequate for processing at this time. The projected deadline for
making a decision is January 4, 2022. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above,
you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an
extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from October 21, 2021, 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.
Sincerely,
f i *--
Patrick Amico
Field Representative
cc: Cameron Luck DCM Gregg Currey, USACE RECEIVED
Milliron, LPO Holley Snider, DWR
John & Terri Bednarz, Applicant
NOV 0 9 2021
C)�MUf-OIIHD CITY

CAMA PERMIT
APPLIE F R
PROJECApplicant proposed to fill .131 acres of
T: _
5,
Estuarine 5horeline Area to allow access to Davis Canal
at 124 SW 4th St., adjacent to Davis Canal in Oak Island,
C K cM---1) THROUGH 02�_
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
John & Terri Bednarz
2428 Falls River Avenue NC Div.
n Raleigh, Cardinal r. Ext.
i ming on, NC 28405
<_ Agent. Coastal Permit Guy, LLC
> p c/o Ben Brink Patrick
[phone]

ROY COOPER
Onremnr
ELIZABETH S. BISER
S`xMlary
BRAXTON DAVIS
nlncum Uinam of(w lal Mmmgentmi
November 8, 2021
GanLegPubNot ices@gan nett.com
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• John & Terri Beduarz
Hello: Please publish the attached Notice in the Saturday, November 13, 2021 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
*****Please send both original affidavit and invoice for payment to:
NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405.
Contact number: 910-796-7226. Paying by credit card, (Customer No. 489895).
cc:
Thank you for your assistance in this
Support & Customer Assistance
MHC Files
Cameron Luck — MHC
USACE
RECEIVED
NOV 0 9 2021
Slate ofNonh Carolina I Environmental Quality l Coastal Maiagetnent DCM-MHD CITY
127 Cardinal Drive Ez1., Wilmington, NC 29405 919 7967215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 1I3A-
I I9(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On November S, 2021, John & Terri Bednarz proposed to fill .131
acres of wetland within the 30' Coastal Shoreline Buffer & 75' Estuarine Shoreline Area to allow access to
Davis Canal at 124 SW 41h St., adjacent to Davis Canal in Oak Island, Brunswick County. Copies of these
applications can be examined or copied at the office of Patrick Amico N.C. Dept. of Environmental Quality,
Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone] 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 4, 2021 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
NOV 0 9 2021
DCM-MHD CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: John Bednarz
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized
2428 Falls River Avenue
Raleigh, NC 27614
919-302-3574
[e-mail]
CPG,LLC
went / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
CAMA Major Permit for Fill in non
necessary for the following proposed development: jarisdiclional wetlands. DWR General
Permit/Certificate of Coverage
at my property located at _
in Brunswick County.
124 SW 4th Street (Oak Island)
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
M>r
Min wawa (Jun 28, 2o21 11:31 i uri
Signature
John Bednarz
Print or Type Name
Property Owner
Title
5 / 24 / 2021
Date
This certification is valid through 6 24 I I 2022
?ECEIVED
Nov 0 9 2021
UCM-MID CITY
RECEIVED
AUG 06r_021
AGM WILMINGTON, NC

r
Postal Service ­
CERTIFIED MAIL' RECEIPT
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RECEIVED
NOV 0 9 2021
DCM-MHD CITY
DCM WILMINGTON, NC

7/15/2021
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RECEIVED
NOV 0 9 2021
DCM-MHD CITY
2n

126 SW 4th Street
Oak Island,NC 28465
Tara MacPherson
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Dear Ms. MacPherson,
I recently received a certified letter in reference to a permit application to fill non -
jurisdictional wetlands on property located at 124 SW 4th Street, Oak Island, NC.
This property is adjacent to mine, and my concern is that water currently ponds in this
area after rain. I would just like to be assured that any fill in this area would not have an
adverse affect of having this water directed toward my property.
Thank you for your assistance,
Sincerely,
Robert Behr
126 SW 4th Street
Oak Island, NC 28465
919-999-7055
RECEIVED
NOV 0 9 2021
DCM-MHD CITY
RE_CEiVI50
JUL 2 9 2021
DUM WILMINGTON, NC

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124'SW 4th St, Oak
Island,•NC 28465
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Site
Sources- Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri
Japan, METI, Esn China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c)
OpenStreetMap contributors, and the GIs User Community
L \WETLANDS\2020 WETLANDS FILES\LMG20.356 --- N
124 SW 4th St, S&G Investments\Maps 0 1,500 3,000 6,000
Boundaries are approximate and not meant to be absolute. Feet
Map Source: ArcGIS World Street Map
124 SW 4th St
LMG
RECEIVED
Brunswick County, NC
LANDMANAGEMP.NTGNOUP
DNMT4-
Figure 1
RELM(dihity Map ;j 2021
July 2020
a Pany
LMG #20.356
3805 Wilington, NC 20403e m
[phone]
AUG D CIT

ACAMA / I I DREDGE • FILL l 9 80204 7+�
A B C tW
GENERAL PERMIT Previous permit #_ _
WNew - IModiOcation Complete Reissue (Partial Reissue Date previous permit Issued_ ._
As authorized by the State of North Carolina, Dopartment of Environmental Quality
and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC_1_7
(� � �"�%: Rules utacheA—
ApplicantName �pe4a► &dAG�- Project Location: County %W-sC k
Address r'0 _kStreet Address./ State Road/ Lot #(s)
City stateir— zip 2 -1614 1;( Q S w A" g fs u —
Phone#( II DN l_.a —/DA'E-Mail-{(�'IrtJ .Ik7lOe ADl-t&''ASubJivislon
Authorized Agent C` 6 �G City 6IIS144W
Affected f 1CW LIIW V"A ,NE, l� s I PTS Phone # ( ) River Basin 4- � L69
1 1l lJ IMF /t I UGA 1 f - WA
AEC(s): I I OEA Adj. W[r. Body �H,ti `q/T�nsan /unkn)
r) PWS: v
ORW: yes / tw PNA �/ sic,Closes[ Maj. Wtr. Body
Type of Project/ Activity _ 5w * /d_y_2 M41 a
r f
Pier(dock)lentth ` JrSB
Fired Platform(s) (_,4_t f%I�t /V�e'=j
Floatky Pladorm(s) .�'�1i
Flnter pier(s) .. i
Groin length ..
i
number
Bulkhead/ Riprap le h
avg distance o
max distance o1R re
Ruin, channel
cubic yards
Float ramp _ Boath—
� �f /
e' IZX (z
Beach Bulldeairy
Other
Shoreline Length Gas/
SAY: not sure yes /tQ)
V — I
�Vj. �dalEj„ �4�u4✓
Moratorium: nh yes
Photos yes
Waiver Attached '.XI ® r® did no�+�NL l gedwtrt3
A building permit may be required by:=de
( Note Local Planning jurisdiction) q
Notes/ Special Conditions ==�1__
Ben Brink (CPG, LLC)
Agent or Applicant Printed Name
Signature Cie Please read compliance statement on back of permit"
AAF- a 4/ P
zip 294 5
(Scafe: PM
RECEIVED
NOV 0 9 2021
nGA-f-MHD C
See note on back regarding River Basin rules.
1/( �/jJYJt�.,
Pcrm/i ylf SP Nauru
S nature
7h/,?i
)I h h ii

II'llll'III'lllllllllll II"'llllll'll BOOK:4651 PAGE:854 0
6
'592.2
0e
Brenda AL Clenmmns. anm,witk Couury. NC Register of Deeds Eaqe I.
&mda M. ClwmonL &unawlck Cwnty. NC Re9i,mr of need,
06,29,10Z111:5232000 NC REVENUE STAMP. t490.00
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $490.00
Parcel No. 234LF002
Prepared by: Ryon W. Johnson, a licensed NC attorney, P.O. Sc r 1D6115, Southport, NC 28461
Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Ra name, Office upon
disbursement of the closing proceeds.
Lot 17, Block 205 Section 15, Tranquil Harbour
This Deed is made this 33 day of 'emu ne. 2021 by and between
GRANTOR
S & G Investments, Inc.
A North Carolina Corporation
7305 Autumn Lake Drive
SummerHeld, NC 27358
Terri R. Beduarz and spouse,
John A. Bednam
2420 Falls River Avenue
Raleigh, NC 27614
71ce designationnstion Grantor and Oraeteo its used herein shall include said parties, thou hews, successors, and RECEIVED
assgpu, sod shall include singular, Plum, mwccdbw, feminine or nester u required by context.
'I he Gramor represents that this property is_.__/ is not,__X_ their pr®ery residence. NOV Q 9 2021
WITNESSETH, that, Grantor, in consideration of Ten and No/l00 ($10.00) Dollars and
other good and valuable consideration paid by Grantee, the receipt of which is hereby )CM_MHD CITY
acknowledged, by these presents, does give, grant, bargain, sell and convey unto the said
Grantee, and Grantee's heirs, successors, and assigns, forever, in he simple, all that certain lot or
parcel of land located in the County of Brunswick, State of North Carolina, and more particularly
described as follows:
RECEIVED
Page I of AUG 06 2021
DCM WILMINGTON, NC
Submitted electronically by The Law Office of Ryan W. Johnson, PLLC in compliance with Non Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Brunswick County Register of Deeds.

BEING ALL OF LOT 17, as the same is shown on a map entitled Recombination Frank
Cotton recorded in Map Cabinet 30 at Page 394, in the Brunswick County Registry, said
lot having the metes, bounds and location an shown on said map.
Grantor acquired property by deed recorded in Book 2041 at Page 965 of the Brunswick
County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances, thereto belonging, to the said Grantee and said Grantee's heirs, successors, and
assigns, forever, in fee simple; and the Grantor, for itself, its successors and assigns, does
covenant with the said Grantee and said Cnantee's heirs, successors and assigns, that Grantor is
seized of the premises in fee simple, and has the right to convey the same in the estate aforesaid,
that title is marketable and free and clear of all encumbrances, except as herein stated, and that
Grantor hereby will warrant and defend the title against the lawful claims of all persons
whomsoever, except tior the exceptions herein stated.
Title to the property hereinabove is subject to the following exceptions:
1. Ad valorem taxes for current and subsequent years.
2. Easements for utilities and rights of way in the chain of title.
3. Restrictive covenants of r cord.
(Signatures and notarial acknowledgments on following pages)
fIFCF—NED
to 09 20?
DCM-MHD CITY
RECEIVED
AU6 06 )n[1
DCM WILMINGTON, NC
Page 2 of 3

IN WITNESS WI EiREOF, the Grantor has duly executed the foregoing as of the day and
year first above written.
S & G InvcatmeAb. Inc.
President
STATE OF NORTH CAROLINA
COUNTY OF ;
I, M(11, U '�' , a Notary Public for said state and county, do hereby
certify Thomas L. Armstron¢. President of S & G Investments. Inc having the full
authority of the corporation, personally appeared before me this day and acimowlodged the
execution of the foregoing instr=ent on behalf of the corporation.
WITNESS my hand and official seal or stamp, this Z--� _ day of June 2021.
Official Seal k"- kwt4
NOTARY PUBLIC
MARY BETH HARRIS My Commission Expires: 2102V-5
Notary Pudic
Randolph Co., North Carolina
My Commission EVIres Feb. 6. 2W5
A` ,S%\j f
NOv � 9 �p21
CGM,MHD C\(Y
RECEIVED
AUG 06 2021
DCM WILMINUON, NC
Page 3 of 3

NC Division of Coastal Management
Major Permit Application Computer Sheet
Permit Authorization: D CAMA R Dredge & Fill ❑Both
SITE DESCRIPTIONIPERMIT INFORMATION
AEC:
Fee: $#
CDAITS — _ MHC cc
ORW: ❑Yes 6JNo PNA: S]Yes ONO
Photos Taken: YesO NoX
Setback Required (riparian): Yes CRNo
Critical Habitat: ❑Yes WNo UNot Sure
15 foot waiver obtained: DYes FJNo
Hazard Notification Returned:
❑Yes GINo
SAV: ❑Yes NNo ❑Not Sure
Shell Bottom: DYes o ❑ Not
Temporary Impacts: es ONO
Sure
Sandbags: ❑Yes o ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: ®Yes ONO
❑Yes QNo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes WNNo DNA
❑Yes ®No DNA
b# FT.
Shellfish Area Designation:
Project Description. (code)
Development Area: (code)
Open -or- 6e
P
T
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
Fu re Water Supply (FWS)
❑ Nutrient Sensitive Waters (NSW) I
U-Swamp Waters (SW)
66 High Quality Waters (HOW)
L1 Outstanding Resource Waters (OR"
WEI�ANTISIMPACTED
(404) Corp. of Engineers (Juji �ictional
(LS) Sea lavender (Limonium sp.)
(SS) Glasswort ( Salicornia sp.)
wetlands) W> SG ,
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
D (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha sp.)
spicata)
sp.)
(JR) Black needlerush (Juncus
D (SP) SalUmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
J6 III(A) Private w/ D&F up to 1 acre; 3490
1
III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
0 Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
D III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
Major development extension request -
II. Public or commercial/no dredge
RECEIVED
$100
and/or fill - $400
❑ I Private no dredge and/or fill - $250
❑ III(C) Priv. public or comm w /D&F to 1
acre; 4144 can be applied; DCM needs
NOV U 9 2021
DWQ agreement - $400
DCM-MHD CITY

Applicant: W tTA/2
Date: II f. 121
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Chhotoese
Chholoese
Dimension 1
Dimension 2
Dimension 3
Dimension 4
F I
(
New Work
Replace
Maint ❑
❑ Y ®N
15
60
N-e-w—Woi
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑N
New Work ❑
Replace
maim
❑Y ❑N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
1
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for
(Anticipated final
(Applied for
(Anticipated final
Habitat Name DISTURB TYPE
Disturbance total
disturbance
Disturbance
disturbance.
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)tem
impacts)
amount
`. t
L Dredge Fill l]S Bolh ❑ Other ❑
✓71N
i/�p
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RECEIVED
NOV 0 9 2021
919-733.2293 :: 1.888-4RCOAST :: www.nccoastalmanaaernent.net 6r '�/CTY

Date
Dote
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
11/8/2021
John Bednarz
same
State
6359
$250.00
major fee, 1245W 4th Street, Oak
PA rct.
Employees
Island BrCo NO split
16126
CU

Major Permit Fee Schedule
Project Name:,hdngf-b % 01] IAilaltheounty: xj1pw5
"Awd Fe)(
Check No & Amount:
635y a5a=-
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas.
II Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to i acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies.
III(A). Private, non-commercial
development, 4 General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C) If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life.
MID). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No 4175 cannot be applied:
IV Development that involves the filling
and/or excavation or more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas.

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
November 8, 2021
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(caNCDEN R.gov
SUBJECT. D & F
Applicant: John & Terri Bednerz
Project Location: 124 SW 41h Street, adjacent to Davis Canal, Oak Island, Brunswick County
Proposed Project: The applicant proposes to fill 0.131 acres of previously deemed non jurisdictional
wetland area with upland fill within the 30ft. Coastal Shoreline Buffer and 75ft.
Estuarine Shoreline Area to allow access to Davis Canal for recreational use of
the property.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 4, 2021. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT
AGENCY
SIGNATURE
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
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Legend
OBoundary - 0.45 ac
Uplands - 0.31 ac (69%)
Wetlands - 0.004 ac (<1%)
= Coastal Wetlands - 0.003 ac (1%)
— Coastal Wetland Line
r-, Non -Jurisdictional Wetlands -0.131 ac (30%)
— Normal High Water Line
75' Area of Environmental Concern
QQ Data Points
4I'
yy �r
�07,;• h J.
Aj
i
NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field notes.
A survey of delineated areas and review and approval by the U.S. Army
Corps of Engineers is recommended prior to specific site planning.
L:\WETLANDS\2020 WETLANDS FILES\LMG20.356 --- --- - -- N
124 SW 4th St, S&G Investments\Maps 0
Boundaries are approximate and not meant to be absolute. AUG 06 2021 N
Map Source: 2019 Ea IeViewAerial Photography
124 SW 4th St I AkY VV9W*VN, NC
Brunswick County, NC
July 2020
LMG #20.356
LAND MANAGEMENT GROUP
a DAVffV##_ company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
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Section 404/401 Preliminary
Delineation Sketch
DCM-MHD CITY

LOWER CAPE FEAR UMBRELLA MITIGATION BANK
STATEMENT OF CREDIT AVAILIBILITY
July 6, 2022
TO: John & Terri Bednarz FROM: Lower Cape Fear Umbrella Mitigation Bank
2428 Falls River Avenue c/o Davey Resource Group Inc
Raleigh NC 27614 3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Project: 124 SW 41h St (Brunswick County, NC)
Dear John & Terri:
Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation
Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non -
riparian wetland impacts associated with 124 SW 4`h Street (Brunswick County, NC). This acceptance is
conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type
and quantity of credits requested and reserved for your project.
Mitigation Type
Credits Reserved
Fee Per Unit
Fee
Stream
0.0
$646.12
$0.00
Non -Riparian Wetland
0.2
$70,939.17
$14,187.83
Riparian (Riverine) Wetland
0.0
$70,939.17
$0.00
---- TotalFeeF
$14,187.83 v
Based upon receipt of your email transmitted on July 6, 2022, LCFUMB will reserve 0.2 non -riparian wetland
credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits
beyond 90. days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-
day period.
Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $14,187.83.
Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all
payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit
types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s)
issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation
requirements. If you have any questions or need additional information, please contact me by phone at
[phone] or by email at [e-mail]
Sincerely,
Davey Resource Group Inc. (agent for LCFUMB)
Christian Preziosi
Principal Consultant

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): August 9, 2022
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 124 SW 0- Street Oak Island, SAW-2020-01804
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (lat/long in degree decimal format): Lat. 33.918412' Pick List, Long.-78.1650460 Pick List.
Universal Transverse Mercator:
Name of nearest waterbody: Montgomery Slough
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource Bows: Intracoastal Waterway
Name of watershed or Hydrologic Unit Code (HUC): 03040208
E Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different 1D form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
E Field Determination. Date(s): June 30, 2022
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are "navigable waters of file U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
E Waters subject to the ebb and flow of the tide. ,
E -Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain: Montgomery Slough is inland waterway that now connects directly with the AICWW..
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters ojrhe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): '
E TNWs, including territorial seas
E Wetlands adjacent to TNWs
❑ Relatively permanent waters= (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments ofjurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: linear feet: 73' width (it) and/or acres.
Wetlands:0.135 acres.
c. Limits (boundaries) of jurisdiction based on:1987 Delineation Manual
Elevation of established OH W M (if known):
2. Non -regulated waters/wetlands (check if applicable):'
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
r For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
'Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.I.; otherwise, see Section IILB below.
1. TNW
Identify TNW: Montgomery Slough to AICW W.
Summarize rationale supporting determination: Montgomery Slough is an inland water that Flows directly into the AICW W.
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": By the Definition of Adjaceny this wetland is adjacent to the
Section 10 Water.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically Bow year-round or have continuous Bow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) Bow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial now,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.I for
the tributary, Section III.B.2 for any onsite wetlands, and Section 111.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW':
4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

Tributary stream order, if known:
(b) General Tributary Characteristics (check all that aoolv):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/%cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of mn/riftle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
❑ Discontinuous OHWM.1 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markingstcharacteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily severjurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by bernubarrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Welland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or Flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
I. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
® TNWs: linear feet 73width (ft), Or, acres.
® Wetlands adjacent to TNWs: 0.135 acres.
2. RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet width (fl).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisddictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.'
As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED ]INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY): to
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination
'See Footnote H 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA DO for
review consistent with the process described in the Corps/EPA Memorandum Regarding CIVA Act Jurisdiction Following Rapnuos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Suprcme Court decision in'SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:Sunset Beach Quad.
® USDA Natural Resources Conservation Service Soil Survey. Citation:Bmnswick County Soil Survey.
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ❑ Aerial (Name & Date):
or ® Other (Name & Date): Field pictures from consultant.
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
® Other information (please specify):Lidar Image. QL2 generated Corps Lidar Map.
B. ADDITIONAL COMMENTS TO SUPPORT JD:

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01804 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
John Bednarz
2428 Falls River Ave
Raleieh, NC, 27614
[phone]
terri iohn710(o,aol.com
Size (acres) 0.45 aces
Nearest Waterway Lone Bay
USGS HUC 03040208
Nearest Town Oak Island, NC
River Basin Lower Pee Dee
Coordinates Latitude:33.918412 Longitude:-78.165046
Location description: This 0.45 acre project is located at 124 SW 4" Street in Oak Island, Brunswick County, NC
(Parcel ID: 234LF002)
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
.waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in anyway by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
Page 1 of 2

SAW-2020-01804
B. Approved Determination
X
period not to exceed five years from the date of this notification.
X There are waters of the U.S., including wetlands on the above described property subject to the permit requirements of
_ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
X The waters of the U.S., including wetlands on your property have been delineated and the delineation has been
verified by the Corps We strongly suggest you have this delineation surveyed Upon completion, this survey should be
reviewed and verified by the Corps Once verified this survey will provide an accurate depiction of all areas subject to
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in law or our published
regulations, this determination may be relied upon fora period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
X
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
GaryH.Beecher(i�usace.armv.mil.
C. Basis For Determination:
D. Remarks:
Min:
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)

SAW-2020-01804
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP A SHANNIN()USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by October 7, 2022.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Date: 2022.08.09 13:10:52-04'00'
Corps Regulatory Official:
Date of JD: August 9, 2022 Expiration Date: Approved JD will expire on August 9 2027
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey .
Copy Furnished via email to:
Consultant:
Ben Brink
benAcoastaspermitguy.com

SAW-2020-01804
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: John Bednarz
File Number: SAW-2020-01804
Date: August 9, 2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at htto•//www usace armv mil/Missions/CivilWorks/RegulatoryProgramandPermits.asnx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final .
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and'sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.

SAW-2020-01804
SECTION H - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
MR. PHILIP A. SHANNIN
Attn:
ADMINISTRATIVE APPEAL REVIEW OFFICER
69 Darlington Ave
CESAD-PDS-O
Wilmington, NC 28403
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP A SHANNINna USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunitv to participate in all site investi ations.
Date:
Telephone number:
Si nature of a ellant or a ent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Gregory Currey, 69 DarlingtonAvenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Floor M9, Atlanta, GA 30303-8803
Phone: [phone]; EMAIL: [e-mail]

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Page 2
124 sw 4th
A§0
RECEIVED
OCT 07202Z
MP SECTION
DCM MHD CITY
SHEET TWO

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m. Descnbe proposed drinking water wpplysource (e g . well.
carnmunily. Wbllc system. etc)
N/A
o When was the tul(s) plaited aral recorded?
Jun. 23.2021 (Bednara Dead Recorded)
Data
Jun 28, 2021
Project Name
Du�YW7, 171 S W 4 ' ,>V
Applicant Name
p 1
�o�n �ccinar Z.
ApOcanl Signalura
n. lij WIN water be Impounded? LjYes L]No V6
11i1 If yes, bow many eaes?�� /1
p if yr sed dev"nenl is a subdivision. wlp addNenai Wiktafa De
installedlorin,a up l dow, rmenl7
[]Yes [W NA
VOID
RECEIVED
NOV 0 9 2021
DCM-MHD CITY
RECEIVED
Off 18 2021
QQM WILMINGTON, NC

Form DCM MP-1 (Page 4 of e)
APPLICATION for
Major Development Permit
6. Additional Information
In Modifian to 1N. completed application form. (MP 1) the a howirlg items below, if mplcable, must be submitted in ender for the appeoal/on
Package to be complete, llama (e) - (g an slweys applicable to any mayor development isonfglkn. Please oomuM the application
instruction becklel on how to property probate the required Moms below.
a. A project narrative.
It An accuratedated wilk plat (including plan view, and crowsecllonaf dremngs)drawn It, scab Please give the present status of the
proposed Project Is any portion already complete? If previously solMriaed work. clearly In6cale on mapsplats, draw" to distinguiah
between work compbled and proposed.
c. A sib or location map lhal is sufficiently delaied to audit egrrwy, persennN unfamiliar with lee and as the rub
d. A copy of Use dead (with Nab application only) or other Implement under which the aplaicum dab" tills WOW aascle'Properties,
a. The appoprlsle application lee. Check a moray order made payable to DERR,
1 A list of the named and cornplele addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof Nat such
owes have recelved a copy of lee application and pals by cenlfisd met Such Iandownes muss he advised that they have 30 days n
which to submll comments on the proposed project to the Division of Coastal Management.
Noma i e 'ej Pharr No,
Adders, Izl tw3i Sf-r Da:-rclard,NG 7&4K 05110-(OZO-012-71(o
Nalco " Phone No.
Address
Nenb p TV,101ll( Phpls No.
Address lu,, sw yd{^ Q. OAK R[AA44 K,nq(15 CA - I" -7oSS
g. A kt of pMws Nab or NOarat pmnfb lowed ter work ao the pmjea Irad. btludo petme numbers. pa mVJ". and imw .g blw
NJA
h 9gned consultant or agent authoiiation term, it applicable
Weiland deknaallon. it necessary.
I. A signed AEC herard mhn for propicts In owsnlmnt and Intel areas (Must be signed 0y lap , orenar)
k. A slalemenl of compliance with line N C. Environmental Polo Act IN O_G.S. 113A 1.10), d recessery a tho projerk Involves topendituro
of Public funds or use of public lands, altach a statement documenting compliance with the North Carubm Environmental Policy Act
1 understand Thai any permit Issued In response to mull appllconen will allow only ate development ciewnsum In me application.
The project will be subject to the conditions and restrictions contained In the permit.
1 certify that I am authorized to Brant, and do in fact grant permission to represenlahves 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 truth I tp the best of my knowledge.
Date Jun28,2021print Name TPhry tdW7- RECEIVED
Signature
Mindicate application attachments pertaining to your Proposed project.
MP-2 Excavation and Fill Information []DCM MP-6 Bridges and Culverts
S? CM MP-3 Upland Development
[)DCM MP-0 Structures Information
2oz 1.4": ...- .. 1.1.:.41kcU#A'. .. wnw.r.cc..r.r.n.n w.,.a
VOI D
NOV 0 9 2021
`yy-
D/vCM-MHD CITY
R EMVED
OU 18 2021
DCM WILMINGTON, NC

Form DCM MPA (Page 3 of 4)
0
APPLICATION for
Major Development Permit
in (it iv. 'here wetlands on the silo? ♦ �I' ly yLlrVik*;0PQI Unw,.`�S Ih
as ❑Nfi o
0Xta")
(ii) Are 'here neas'al"Hands on thesite?
Yes ❑No
(lii)If to either (i) (ii) has delineation been
yes or above, a conducted?
(Attach documenfabon. dayadable) 2D11
ee ❑No
1J
NA: ShC�.SD
It, Describe existing wastewater baromeM fecHltles.
N/A
o. Describe existing drinking water supply source
NA
p. Deserter, existing storm water management or treatment systems.
NA
5. Activities and Impacts - -
a. Will the project be for carnrrrwl, pubic. or private use? ❑ erclel ❑Pub1cGmnrnment
Hvale/Conversantly
b. Give a bnal deso plion of purpose. we, arch daily operations of the project when cpnphile. /
LOW tWPA Oi�M1ta.. IIY1017�f�IoP�IYvI.Qf:F`t)$[L7 �rc�iL1— ". (e oc Cn;4l 40%
c. Describe the Proposed construction malhorcobgy, types of construction equipment to be used during construction, the number of each type
of eauipmentand where HiisW be stored11 lI 1 14��- '" ���1 1� �"��� II '' UU
�(�w, TL, 1k r q 1w IN.' 11X-L(tYT� In sJ'K koj44rvtl-1 0. -QasL 1G1- is CI�4red.
1 Iu.-Ylt,Nsvr i'sF WII) � %NrxA ON Silk- dudivirt r
d List aadevelopmmlxw�lres/�rau propose. __dd 'I , ,/ / /`//
Fr�r4ldl aac4 W 4a,I kryldydl7Y]M1u(L ^CS '11A den J lamdOlbowre
Cam+ All FII r l II>�d cwiirN 7ri f f�EC)scc- S�/�Q
a. An the popwad scevNes msinM1nanu of an asltHYlg Propel. new W b*. W body?
Cw li
f. Who is the approximate taw disturbed lerq area resulting from this proposed projecn ❑sari or a
g. Wit the proposed projacl encroach on any public easement, publk grose way or other area Oyes &W ONA that the public has established use on
h Describe iocatim and type of existing and proposed discharges to waters of the state
No d)scl,,al s 4D Vi Vr-A'Lr1k- .
RE
I. Will wastewater or stormwater be discharged Into a"limd? Oyes M0NA
1f yes, will Mls discharged water be of the same salinity as the receiving water? ❑Yon []NO blNA N0
I Is then any miligabon proposed? PPQ�1Car��' Yes No NA
It yes. attach a mitigation proposal. r` \ II 1 111Q I°M 't`a'r� AeGa QY
<Form conOnues on back:* DECEIVED
.:.aa: iPeN n,..,., .,- T
EIVED
0 9 2021
HD CITY
Vol D OCIV WII MINGTON, NC

VOID
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culvert)
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, l �-yv��
Describe below the purpose of proposed oxcavatton and/or fill aclu,bes. All values should be given In feet. ...p,131 Ac/U or S 7Dr.�A;
--- --- - Tope
Aecaas
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization
�., q c; r
WWII,
dExIsting
...��'
--
NA
NA
NA
NA
1. EXC.AVATION
a. Amountrd maferiall
cubic yards
In b. Type of mxenal w be
c. (i) Does the area to be excavated Include coastal wellarlds/marsh
(CWi. submerged aquatic vegetation (SAV). shell Wt. (SB)
or other wmands(WL l? It any boxes are checked, provide me
number of square had offerAd
OCW OSAV _ OSB
OWL 1]Nons
(a) Desonoe the Purpose of the excevaaon In ham areas.
If High ground exCavallon In cubic yards
section not apokcable
2. DISPOSAL OF EXCAVATED MATERIAL lR'lnis section nil spPN.abb
a. Localbn of disposal area. b. Dimensions of disposal am,
c it Do you down we b disposal area? d. (i) Will a disposal area tea available for future mahlanancol
DYes DNo ONA DYes ONo []NA
fill If on. allach a latter grengng permission from the owner. (i) If yes, whams
e. (I) ones the disposal area include any Coastal wetlan isrmenh
(CW). submerged aquatic vegetation (SAV). shell before (SB),
or other weltands (WL)? It any boxes are checked, provide the
number of square feel affected.
OCW OSAV _ OSB
OWL ONcrre
is) DescriM the purpose of disposal In mess areas
f.(I) ones MeolsposelMdudsany ereainIn. water? RECEIVED
DYes ONo []NA
(ill If yes, how much water ens is affected?
NU 0 9 2021
DCM-MHD CITY
RECEIVro
..�:• tun zaoc r. r a9eav sonar :• w»:w nc<I ,. �f-.u•.rur..,y;p.ny _nvt .. ,;. rl ... I
OCT 19 2021
DCM WILMINGTON, NC

n to ..y, n•, Pd:..'T 'Y':er'e"„ . Pr.jz. d .ri 1.
I3. SHOREL/NESTABIL/ZATION
l fit devebpmenl la a wood groin, use Rill — Shwtures)
a. Type of shoreline stabilization.
[]Bulkhead DRiprap DBreekweterlSYl wror. _
c. Average distance walarwerd of NHW or NWIL
VOID
Width' _
d. Maxlmumdigamewetarwarduf NhVVwNWL:
not applicable
e Type of stabilization material f. (I) Has there been shoreline erosion during precsdktg 12
months?
Dyes UN,
(Y) If yes, state amount of erosion and source of emse n amount
Inbrmalion
g. Number of square feet of rill to be plated below water "I h. Type of fil material
Bulkhead backfill_ Hlpmp_
BreakwaledSial_ Other_
i. Source of fill material.
I. OTHER FILL ACTIVITIES ❑This section no( epplrcable l
(Excluding Shoreline Stab lb'apfion) /
a. is) Will Bil material be brought to Ins ? as UW DNA b. (t) Will fYt maieMl t plated in caaslal w.11.,dsfn mh (CWt.
II yes, submggea aquatic vegelalion (SAV). fines bottom (SB) or
(ii) Amount of material to be placed in the water other "Itands (WI.)? It any boxes are checkedprovide the
numbs of are 1.1 riff wp�� �y
pii)Dimansbns of fill area (p0 *'YiS` n % DL•Sq % DCW : DSAV r 08111 'T
Bv) Purpose of tot TS1l 6
I l,,1_ arF p ,A �[wf••S?oin ON°'�Npy-3Yan Ypl n4) LueHa/dJ'
"NVV (I.(A'.2 �5 YU OUYIS LisaY SNT� (ii) Dosixiss" purpose of the lit in thm Yeas
{7bxn unr�plt�. nl y� 10�' — Ini,Y'eR! e fafy�'lli of /4 -Fr
reertn4iol+al 1Alt o� Dayl ( Cana
S. GENERAL
a How will excavated or fill material be kept on the and erosion b. What type of construction equipment wrll be used (a g .draglne.
controlled? badhoe, Wn°``aufto area tipp)? q
'CI +wI'•���IrCq� (LL I alA�'YfutX,S�/kYU�lee/Aarlid`CIW7h/
E1tl 0.YCA If C-hi r�irtd 4•�C C�Ytrda a. _ C'4'Al
c. (I) WYI nav elal aNa be roqukea ore a reaull q a Ins q7 tl. (i) WIN wagande boa ed in transporting equipment to project
Dyes gf [INA site? Dyes be
iii) If yes, espbln what type and how they will be implemented lot 11 yes, explain slaps that will be taken to avotl or milnmlze
1///Nil envirorutnnlal 07
NOV 0 9 2021
Dale Jun 28,
2021 APPlrantName Ifs DCM-MHD CITY
ProtegNy�me` Applicant Signature
pi W?- 114 Sw lip` RECEIVED
'. .. rmq�xa:a; r.aaa�Yr:fnaof : a��•.......... .... :.rh �,_��,•.; ,,. u•,rAnra n�: o.,�
OCT' 18 2021
QCM M-MINGTON, NC

Y
i, Jp,ePAR Rmreure. PLS I/B9 CrNIy IAet IMx pt,l
p ;s M1pmen °[lim.s�n/ nnr
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Noms
THAT MISSURVEYISOFAN
EXLSTWG PARCEL OR
PARCELS OF LAND.
PROPERTYADDRFW
124 W. 4THSTREET
OAK ISLAND. N.0
PARCEL N2MLFXG
LOTAREA: M..2W SF.
VOID
\ne WJN FYIPf.. LLl:nn IWY.., aov
vwwSeleuLAUA
- n.nr.al
I� u..�.n.l.wd.e.-
uY•�d•.d1upLnd
1'dlPoa
IM W ITN SIREET
PARCeuPauFaM
sMB15
PRELIMINARYSITE PLAN
FOR
JOh1N BEONARZ
124 S W 4TH STREET
OAK ISLAND, N.C. a[xrdr nrcw. uc..IWr
a t a pr CAMA . SA \'GC qX. oary
SMITHVILLETWSP. - BRUNSWICKCO.N.C.
DATE: 12M 21 SCALE.' 1'=20' L
.tl 10 0 1B XI IO � t
(JlAMILSGfE,•.2V
I
I I
I (
CNANBERS l l
SEE OETAu. SREEi/i / I
I
l $kii£NCE
1 / / .SYFFTI
N
1IISW.MOSIREET
0ARCEL/2l FWAI
/
sae r,M
G� — I t
h
• y^ BE
12y 5FX.12S• fN LF
I $ IY CFpP I.Bdtl pITCINN6ERS
/ B.OM IIFjt./
�Z
DAMS CANqL l
I
.•BM
T3 AEC
FLOOD STATEMENT.'
FIRM: 370202
PANEL: 2056
PREFIX'K'
ZONED AE 12'
EFFECTIVE
DATE'08-2840/8
I /Into A.hm Bn.pxdfi0 wvnn, ni,Fin li..n.I N'nIW
SW 40,
Island
Surveyors, Inc.
I�YMIX]NREI-I/56
SE tan 5wnf
Inry d Cammemvl Sle Pu+
Ia15w.<n d 1. E4v [W�MMe
.m.n ,.e,,.an,,.nJxnRBm.+.inn
17, BLOCK205, SECT. 1�
LRI nun N c ..
idM9
� ✓ErcSru
O
m
O TP
IRII
NOTES
ALL D/STANCES SHOWN ARE
HORZONTAL GROUND DISTANCES
r rTH/ssURVEYIs OFAN
EXISTING PARCEL OR PARCELS
OFLAND
TNESURVEYPERFORMEDAND
MAP PREPARED W/THOUT THE
BENEFIT OF A TITLE REPORT,
THIS
SURVEY IS SUBIECT TO ANY
FACTSANDEASEMENTS THAT
MAY
BE DISCLOSED BY A FULLAND
ACLU MTITLESEARCH

Page 2
124 sw 4th
o O
411
Z
",rSECTION 124 S W4THST
N. T. S.
S. W. 4TH STREET
VOID
4.0,
12"
124 S W4TH ST LOT PROFILE
HOP,7. 1" = 10' - VERTICAL .5'= V SHEET TWO

n
JU
m
n
m
m
v
VOID
CROSS SECTIONAL (NTS)
Bednarz 124 SW 4' St. Oak Island
N'
- Proposed Fill Area
......NEW 0. 131 acres or 5.706 sq. ft. total
0.077 acres A rox. e
of proposed 0,054 acres pp average
fill within of preposed fill of 2'. Approx.
CAMA fill outside 423 cubic yards
s
AEC of AEC
a4 Proposed GA
rrwno JURISDICTIONAL JURISDICTIONAL
BERMS WETLANDS WETLANDS
3o' Buf er 75' AEC
UPLAND
UNDEVELOPED LOT
P/L
Page 2 of 2
Cross Sectional
124 SW 4fb (John Bednarz)
10118/2021 (Revised)
Grade
RECEIVED
OC? 1 S 2021
0CM WILMINGTON. NC

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

December 14, 2022

Regulatory Division

Action ID No. SAW-2022-00098 and State Permit No. 133-22

Kevin Jennings
419 Development LLC
405 Ramblewood Drive
Raleigh, NC 27609
[e-mail]

Dear Mr. Jennings:

Reference your application to remove an existing dock and construct a private, 5-slip
docking facility in waters of Bogue Sound at 419 NC Highway 24 in Morehead City, Carteret
County, North Carolina.

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

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

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

-2-

Sincerely,

Liz Hair, Project Manager
Wilmington Regulatory Field Office

Enclosures:
RGP 291 conditions
CAMA permit No.133-22 dated December 13, 2022
Plans dated December 2, 2022
Manatee Guidelines

Electronic copies Furnished:

Stroud Engineering, P.A.; Josh Johnson
NOAA/NMFS; Dr. Pace Wilber/ Ms. Twyla Cheatwood
NCDEQ/DCM; Mr. Gregg Bodnar/ Ms. Amanda Cannon
NCDEQ/DWR; Ms. Holley Snider
USFWS; Mr. Pete Benjamin/ Mr. John Ellis
USEPA; Mr. Todd Allen Bowers

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally-listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.C 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee’s principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in-water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service’s review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water-related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that
there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service’s Raleigh Field Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become 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
Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~-------;? rt---ffr--.-/A ___ -
,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
Permit Class Permit Number
NEW 133-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

Excavation and/or filling pursuant to NCGS 113-229

Issued to 419 Development LLC., 405 Ramblewood Dr., Raleigh, NC 27609
Authorizing development in Carteret County at adj. to Bogue Sound, at 419 Hwy 24, in
Newport , as requested in the permittee’s application dated 9/7/22,
including attached workplan drawings (5), Sheets 1-5 of 5 all dated “Rev 12/2/22”.
This permit, issued on December 13, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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

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

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

All work must cease when the permit expires on

December 13, 2027

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) This permit authorizes only the high ground deck, pier, finger piers, platforms, lifts and tie pilings,
and other structures and uses located in or over the water that are expressly and specifically set forth
in the permit application. No other structure, whether floating or stationary, shall become a
permanent part of this docking facility without permit modification. No non-water dependent uses of
structures shall be conducted on, in or over Public Trust waters without permit modification.

2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)

419 Development LLC. Permit No. 133-22
Page 2 of 3

ADDITIONAL CONDITIONS

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

4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

5) This permit authorizes a maximum of four (4) formalized boat slips.

6) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the eastern adjacent property owner’s area of riparian access.

7) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water.

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

9) 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.

10) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

11) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the
federally maintained AIWW channel.

12) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction and/or operation of the authorized facilities. Should dredging of
these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal
Resources Commission prohibit new dredging within SAV beds.

Sedimentation and Erosion Control

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

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

USACE Conditions

15) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service’s Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf.

419 Development LLC. Permit No. 133-22
Page 3 of 3

ADDITIONAL CONDITIONS

General

16) 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.

17) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

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

NOTE: In order to satisfy concerns of the Town of Morehead City, the existing docking facility must be
demolished prior to the construction of the newly authorized docking facility.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
from the Town of Morehead City.

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-00098).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 005388 and assigned the project DWR Project No. 2022-1308.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.

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

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

November 19, 2022

DWR # 20221308
Carteret County

419 Development, LLC
Attn: Kevin Jennings
405 Ramblewood Drive
Raleigh, NC 27609

Subject: Approval of Individual 401 Water Quality Certification
419 Highway 24 – Docking facility
USACE Action ID. No. SAW-2022-00098

Dear Mr. Jennings:

Attached hereto is a copy of Certification No. WQC005388 issued to Kevin Jennings and 419 Development,
LLC, dated November 19, 2022. This approval is for the purpose and design described in your application.
The plans and specifications for this project are incorporated by reference as part of this Water Quality
Certification. If you change your project, you must notify the Division and you may be required to submit
a new application package with the appropriate fee. If the property is sold, the new owner must be given
a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H
.0507(d)(2)].

This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and
Trout Buffer regulations.

This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.

Upon the presentation of proper credentials, the Division may inspect the property.

This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.

DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 2 of 9

Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.

The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5].

This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].

A party filing a Petition must serve a copy of the Petition on:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.

Sincerely,

Morella Sanchez-King
Regional Operations Supervisor

Electronic cc: Josh Johnson, Stroud Engineering
Sarah Hair, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 3 of 9

Filename: 20221308_419 Development_IWQC_CartCo_Nov.22.docx

DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 4 of 9

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC005388 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Kevin Jennings and 419 Development, LLC, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on September 21, 2022, and by Public Notice issued by the N.C. Division of Coastal
Management on September 28, 2022.

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

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

Type of Impact

Amount Approved (units)
Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
Coastal Wetlands
Access Pier 0.005 acres
(210 sq.ft. shaded only)
N/A Project narrative
And
Open Waters Sheets 1 thru 4
Docking Facility 0.96 acres
(41,952 sq.ft. incorporated only )
N/A Dated 09/01/2022

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

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Please note that the area of Bogue Sound surrounding the docking facility contains submerged
aquatic vegetation (SAVs) , SAV habitat and shellfish habitat . No impacts to SAVs, SAV habitat
or shellfish habitat are authorized by this certification outside the approved impacts specified
herein. The Division of Water Resources supports the concerns and recommendations
submitted by the Division of Marine Fisheries and the Wildlife Resources Commission regarding
potential, direct and indirect, impacts associated with development of the docking facility in
these habitats.

Citation: 15A NCAC 07H .0208 (a)(6)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis. In
determining that the proposed activity will comply with state water quality standards (including
designated uses, numeric criteria, narrative criteria and the state’s antidegradation policy), the
Division must evaluate if the activity has avoided and minimized impacts to waters, would cause
or contribute to a violation of standards or would result in secondary or cumulative impacts.
DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 5 of 9

2. The docking facility is permitted for five (5) wet slips. Dockage of vessels other than the
permitted slips will require re-evaluation by DWR of the use of the dockage facility. Handrails or
other devices, including signage, should be used to discourage use of any dock space other than
the five (5) designated wet slips.

Citation:15A NCAC 07H .0208
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state’s antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.

3. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.

All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium.

Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.

Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.

4. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (l) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.

DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 6 of 9

Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
5. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
6. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
8. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 7 of 9

Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
9. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
10. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream’s original cross-sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
11. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 8 of 9

Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
12. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
13. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
14. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

419 Development, LLC
DWR#20221308
Individual Certification #WQC005388
Page 9 of 9

Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
15. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]

This, the 19th day of November 2022

Morella Sanchez-King
Regional Operations Supervisor

MSK/hs

DocuSign Envelope ID: AF1052AB-6A79-4BFC-BF15-6DE8E1CA33A2