102-05 Branch, William J.

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Permit Class Permit Number
NEW 102-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
a, fry".",,IVA
1permit
.
'
for S E P 2 8 2005
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118 Morehead City 0%"".%'M
X Excavation and/or filling pursuant to NCGS 113-229
Issued toWilliam J.Branch, 114 Old Camp Road,Wilmington,NC 28409
Authorizing development in New Hanover County at adj. to the Southside of Bradley Creek,
2501 Shandy Lane was requested in the permittee's application dated , 2/27/05 (MP-1 &MP-4) and
3/2/05 (MP-2) including the attached workplan drawings(5), 1 dated 7/11/05,2 dated 3/2/05, 1 dated 2/27/05,and 1 dated 6/2/05
This permit, issued on act 11,2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department O
personnel when the project is inspected for compliance.
Charles S. Jones, Director
Any maintenance work or project modification not covered D1v1S10n Of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008 P�
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee
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illiam Branch Permit#102-05
Page 2 of 4
ADDITIONAL CONDITIONS
Any material used on the sides of the authorized covered gazebo shall not obstruct view and shall be
permeable to air and water. Screen or wire on the sides along with benches and knee walls are
permitted. Lattice is specifically excluded from being used under this authorization.
4) The authorized covered gazebo shall be single story, and shall not be designed to allow for second story
use.
5) The pier and associated structures shall have a minimum setback distance of 15' feet between any parts
of the structure and the adjacent property owner's riparian access corridor. In order to ensure
compliance with this condition, an as-built survey shall be performed on the docking facilities, and a
copy of the survey provided to the Division of Coastal Management, within 60 days of completion of
construction of these portions of the project.
6) This permit authorizes a maximum of 3 boat slips.
7) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
8) Any portion of the permitted access pier and docking facilities built_over coastal wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over.the wetland substrate as
measured from the bottom of the decking.
9) As depicted in the attached cross section drawing dated 6/2/05, the portion of the access pier crossing
the navigable channel shall be elevated a minimum of 10 feet above normal high water level.
10) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee shall not be relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
Excavation
11) In order to protect juvenile shrimp, finfish, and crab populations, no excavation or filling shall be
permitted between April 1 and September 30 of any year without prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
12) No marsh grass shall be excavated and/or filled.
13) Excavation shall not exceed —3 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
14) The temporary placement or double-handling of excavated or filled materials within waters or vegetated
wetlands shall not be authorized.
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William Branch Permit#102-05
` Page 3 of 4
ADDITIONAL CONDITIONS
15) All excavated materials shall be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of
solids into any marsh or surrounding waters.
16) The spoil area shall be properly graded and provided a ground cover sufficient to restrain erosion within
thirty(30) working days of project completion.
17) The applicant shall schedule an on-site disposal area inspection prior to beginning any excavation
activities. It is recommended that the applicant contact the appropriate Division Representative at least
two weeks prior to the expected start date.
General
l:
18) 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.
19) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
20) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
21) The West Indian Manatee (Trichechus manatits), which is listed as a federally endangered species, has
been reported in the waters in Pender County. In order to protect the West Indian manatee all work
should be done during the period from November 1 through May 31. If work must be done during the
period from June through October the enclosed guidelines, entitled "Precautions for General
Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina" must be
followed.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level

William Branch Permit#102-05
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
050477.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200500575.
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
August 12, 2005
Mr. William Branch
114 Old Camp Road
Wilmington,NC 28409
Dear Mr. Branch:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
t7&lasV. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

1
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: William J. Branch
2. LOCATION OF PROJECT SITE: 2501 Shandy Lane, adjacent to Bradley Creek, New Hanover County.
Photo Index - 2000: 22-272:F,8-9 1995: 22-254:E-F, 9 1989: 174-5:N-0,22
State Plane Coordinates -X: 2354906 Y: 169910 Rover file # 0-030418A
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/4/05
Applicant Present - No
5. PROCESSING PROCEDURE: Application Received - 3/3/05
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan -Wilmington/New Hanover
Land Classification From LUP - Water/Marsh - Conservation Uplands - Resource Protection
(B) AEC(s) Involved: EW, PT, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - New Hanover Co. Sewer
Planned - N/A
(F) Type of Structures: Existing - Vacant lot
Planned - Private pier and boat basin
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Shaded) 2,220 sq. ft.
(B) Non-Vegetated Wetlands 2,925 sq_ft. 1,000 sq. ft.
(Shallow bottom & open water)
(C) Other - (Highground spoil site) 3,350 sq. ft.
(D) Total Area Disturbed: 9,395 sq.ft.
(E) Primary Nursery Area: No
(F) Water Classification: "SC#" Open: No
8. PROJECT SUMMARY: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boat lift and floating docks to accommodate three (3) boat slips.

Branch
Page 2
9. PROJECT DESCRIPTION
The project site is located at 2501 Shandy Lane, adjacent to the south side of Bradley Creek, approximately 1/2
mile upstream from the creek's confluence with Masonboro Sound, in New Hanover County. To locate the
property from Oleander Drive, head south on Greenville Loop Road for approximately 0.2 mi. Turn left on
Greenville Sound Road and travel approximately 0.3 mi. until you reach a stop sign at Shandy Lane. Turn left
and continue until the road ends and the property of interest would be located on the left. The 1.089 acre tract
remains vacant and has an average elevation of approximately ten feet (10) above mean sea level. The lot has a
shoreline length of approximately 349 linear feet. The highground area has been maintained in a mowed
condition, which exhibits lawn grass and ornamental shrubs. Upland vegetation consists of hardwood species
which include Live Oak, Magnolia, Pine, Black Willow and Red Cedar. The applicant's property also The
triangularly shaped tract slopes to coastal marsh along its northwest shoreline. The transition between uplands
and marsh exhibits Grounsel-bush (Baccharus halimifolia), Marsh-elder (Iva frutescens), Wax Myrtle M rica
cerifera) and Yaupon (Ilex vomitoria) shrubs. A narrow border of Sea Oxeye (Borrichia frutescens) and high
coastal marsh vegetation, including Black Needle Rush (Juncus roemarianus), and Salt Meadow Grass
(Spartina patens) transitions to a broad expanse of Salt Grass (Distichlis spicata) and Smooth Cordgrass
saltmarsh (Spartina alterniflora), approximately 450 feet wide to the open water area of Bradley Creek. Within
the marsh border, there is a small open water tidal flat that could be considered semi-navigable at high tide.
There are several areas of oyster reef visible in the mud flat at low water.
The waters of Bradley Creek are Classified "SC#" by the NC Division of Water Quality. The estuary to the
south of the maintained Bradley Creek channel is designated as a Primary Nursery Area (PNA), by the NC
Division of Marine Fisheries. The applicant's proposed boat basin and docking structure are located just
outside (north) of the Primary Nursery Area designation. Bradley Creek is closed to the harvesting of
shellfish.
PROPOSED PROJECT:
The applicant proposes to excavate a small boat basin and to construct a private pier, gazebo, boat lift and
floating docks to accommodate three (3) boat. From mean high water (MHW), the pier would be 420 feet in
length and 6 feet in width. The applicant is proposing to elevate a section of the pier in the mud flat area to
provide for small boat navigation during high water. The elevated section would be approximately 64 feet long
and would provide a clearance of 6-8 feet above MHW and a clear span of 14-16 feet between pilings in the
most navigable area of the mud flat. The pier would then continue to span the marsh towards Bradley Creek
and terminate in a gazebo (18 ft. X 18 ft.). The proposed gazebo would be placed on the eastern side of the
fixed pier over open water. An access ramp would lead into Bradley Creek from the terminal end of the pier
into a U-shaped floating dock system. The two proposed floating docks would be connected by a 6 feet wide
by 20 feet long floating dock in between them on the landward side. The two floating docks would run in the
same alignment as the proposed fixed pier approximately 20 feet apart. This area between the floating docks
would accommodate a proposed 14 feet wide by 14 feet long boat lift. The total project length would be
approximately 495 feet, which approximately 70 feet would extend into the deeper water area of Bradley
Creek. The application shows existing water depths at the proposed docking location, range from -0.7' to -1.6'
at mean low water (MLW). The applicant is proposing to excavate a small boat basin to provide adequate water
depths around the proposed docks. The dimensions of the proposed basin would be 65 feet long and 45 feet
wide, to a depth of 4 feet at mean low water (MLW). The dredging would be completed by a barge mounted
excavator and would generate approximately 325 cubic yards of spoil material. The applicant has received
permission from the property owner to deposit the material on an existing spoil disposal island, located outside
the U.S. Army Corps of Engineers' right-of-way, on the east side of the Atlantic Intracoastal Waterway,
approximately 1.3 miles southeast of.the project.

Branch
Page 2
10. ANTICIPATED IMPACTS
The proposed pier would result in the shading of 2,200 square feet of Smooth Cordgrass marsh S artina
alterniflora) and intertidal mud flats. The proposed gazebo, floating docks and boat lift would incorporate
1,000 square feet of Estuarine Waters and Public Trust Area. The proposed pier and floating dock would
extend approximately 70 feet into a waterbody which measures approximately 300 feet across, which would
conform with the 1/4 width rule and the established pier lengths. The proposed dredging would result in the
excavation of approximately 2,925 square feet of shallow bottom. Short term increases in turbidity can be
expected during dredging and piling installation. Approximately 3,250 square feet of highground disturbance
would occur during placement of dredged material on spoil island site.
Submitted by: Robb Mairs Date: 3/7/05 Office: Wilmington

Recommendations for Branch Pier
This project is similar to the Barker project, State Permit#132-00, and the Thorpe project, State Permit #22-01, in that,
the location of the Bradley Creek entrance channel and the PNA lines (per Fritz Rhode and Morris Allison with DMF)
were established during those project reviews. The construction would provide docking space for a total of four(3)
vessels. I have no objections to the proposed project. Any permit issued should include the following conditions:
1. In order to protect juvenile shrimp, finfish, and crabs populations, no excavation or filling will be
permitted between April 1 and September 30 of any year without the prior approval of the Division of
Coastal Management, in consultation with the Division of Marine Fisheries.
3. No marsh grass will be excavated and/or filled. Excavation shall be limited to -4 ft. at MLW.
4. The temporary placement or double-handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5. All excavated materials will be confined above mean high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spill-over of
solids into any marsh or surrounding waters.
6. The spoil area will be properly graded and provided a ground cover sufficient to restrain erosion within
thirty (30) working days of project completion.
7. The applicant must call the Wilmington Regional Office for a disposal area inspection prior to
beginning work. It is recommended that the applicant contact the appropriate Field Representative at
least two weeks prior to the expected start date.
8. This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structures, whether
floating or stationary, may become a permanent part of the pier without
permit modification. No non-water dependent uses of structures may be conducted on, in, or over
public trust waters without permit modification.
9. 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.
10. The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
11. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the
U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
12. In order to protect water quality, runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
13. The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
project without having the permit transferred to a third-party.
14. The pier and associated structures shall have a minimum setback distance of 15' between any parts of
the structure and the adjacent property owner's areas of riparian access.
15. The pier facility shall accommodate no more than_3_vessels. At no time shall more than vessels be
moored, docked or located at the facility. The restriction on the number of vessels shall apply to all marine vessel
types, including, but not limited to motor boats, sailing vessels and personal watercraft.

Form DC19-MY-1 ECEWE
AR U 3 2005APPLICATI(i
DIVISION OF
(To be completed by all applicants) COASTAL MANAGE .ENT
b. City, town community, or landmark
4
1. APPLICANT
c. Street addreSs of secondary ra-ad �er
a. Landowner:
._.. d. Is proposed work within city limits or planning
Name LJ` 11, c �, ;,`'; "c-�`-- jurisdiction? V,_yes ..........No
Address / �Gd �� � " c. Name of body of watc neares project (e,g. river,
state /1�C
creek, sound,bay) ' e'21 14 `
City
Zip Z `'� Day Phone 71 "/9(a O
z SL(� 3. DESCRIPTION AND PLANNED USE
Fax 9/� —7�.3 — OF PROPOSED PROJECT
b. Authorized Agent:
l a. List all development activities you propose (e.g,
Name �, M - building a botne, motel,marina, bulkhead,pier,and
a: vatin.andlo.r� avvities.
Address
City
Zip 2 L/4 Day Phone n� s�— ? b. Is the proposed activity maintenance of an existing
project, new work, or both? 10- =___........_--
Fax mil h - ..:3.� c, Wi11 the proje4'i)be for ublic,private or commercial
use?
c. Project naA-1 el
me (if any} ti
d. Give a brief description of purpose,use,methods of
construction and daily operations of proposed
project. If tuora space is needed, please attach
N07E., Psnrdt WW be isued it now of 1WW0~r(s),mKUor addidO
Proect gan►e. 5 t
t C cess •`•
i T
2. LOCATION OF PROPOSED "PG
PROJECT
a. County

3
Irv,
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t. ?N :`fa
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'77
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]Form DCM-MP-1
rn. Describe existing wastewater treatment facilities.
a. LAND AND WATER c 7
CHARACTERISTICS
a. Size of entire tract l n.. Describs location and type of discharges to waters
of the state. (For example, surface runoff, canry
/. Day wastewater, industrial/commercial effluent, "wash
b. Size of individual lot(s) - ._.._ down" and rKidential discharges.)
rl s•"(Ace r' ���u �
c. Approximate elevation T act above NfRW or
NWL --
o• Describe
d. Soil type(s) and texture(s) of tract �existing
drinking water supply source.
e. Vegetation on tract ( s cc
f. Man-made features now on tract �.„s� � ADDITIONAL INFORMATION
g. What is the CAMA Land Use Plan land In addition to the completed application form, the
classification of the site? (Co►uu+Ow 10a kmd'a*Pkm') following items trust be submitted'.
Conservation - Transitional 0 A copy of the died (with state application only) or
Community C
Developed _.,G; o pp
ether instrument wader which the a Iicant claims tide
Rural -----Other to the affected properties. If the Applicant is not
claiming to be the owner of said property, then
h. How is the tract zoned by local goverrment7 forward a copy of the deed or other instrument under
which the owner clans title, plus written permission
i. Is the proposed project consistent with the applicable
from the owner to carry out the project.
zoning? t_�._ yes —.--- No o An accurate, dated work plat (including plan view
(Arise*Zoning conq 44n-e rs"'flOwel if APPueobk)
and cross-sectional drawings)drawn to scale In black
j. Has a professional archaeological as s Not been COas� R�urces" Commission onitRule 7J.0203f forer ta
done for the tract? Yes detailed description.)
If yes, by whom? --•-
please ttot+e that original drawings are preferred and
k. Is the project located in a National Registered only high quality copies wiU be accepted. Blue-tine
Historic District or does it inv'lve a National prints or other larger plats are acceptable only if an
Register listed or eligible progeny. adequate number of quality copies are provided by
yes t/No applimt, (Contact the U.S. Army Corps of
✓
1. Are there wetlands on the site. yes ____No Engineers regarding that agency's use of larger
drawings.) A sits or location trap is a part of plat
Coastal (marsh) ✓ Grier�--.—,� u � requirements and it must be sufficiently detailed to
If yes, has a delineation been cnnduCed. .,L.--- guide agency personnel unfamiliar with the are&to the
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JUL-13-2005 11:42 From: To:4 P.3/4
;. Form UCM-MP-Z
,•, ,
A r
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for LAMA Major
permit, Form DCM-M'p•1. Be sure to complete all 1. EXCAVATION
other sections of the Joint Application that relate to this
proposed protect.
a, Amount of material to be excavated frnirn below
Describe below the purpose of proposed excavatlon or MHW or NWL in cubic yards„_•.�6,i �f
fill activities. All values to be given In feet.
b. Type of material to be excavated
Avemp Final _
E"bdag Pfv1od
Leaglh W'idtb Depth Depth c, Does the area to be excavated Include coastal
wetlands (marsh), submerged aquatic vegetation
Access channel (SAVs) or other wetlands? Yes No
0,11.E or(NWt.) d, Highground excavation in cubic yards D
Canal
Z. DISPOSAL OF EXCAVATED
Boat MATERIAL
basin
Boat a. Location of disposal area
ramp
b, Dimensions of disposal area +
Rock
groin :t
c, Do you claim tide to disposal area?
Y es No
Rock If no, attach a letter granting permission from the
breakwater owner.
Other d, Will a disposal area be available for future
(Ezrludins maintenance? Yes „Y' Na
thoreGne If yes, where?
N�b111TJtIAn)
Revised 03195

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or other wetlands? (1) Amount of mate�jial to be placed in the
Yes _ No water /�-'l7
(2) Dimensions of fill area
f. Does the disposal include any area in the water?
Yes _ No (3) Purpose of fill
b. Will fill material be placed in coastal wetlands
3. SHORELINE STABILIZATION (marsh), SAVs or other wetlands?
Yes — No
If yes,
a. Type f shoreline stabil" tion (1) Dimensions of fill area L)
14
Bulkhead Riprap
(2) Purpose of fill
b. Length
c. Average dista ce yyaterward of MHW or NWL
/v f� 5. GENERAL
d. Maximum distance.waterward of MHW or NWL
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled?
�0 c N
(Source of information)
f. Type of bulkhead or riprap material I(J<: ,Q r
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
g. Amount of fill in cubic yards to be placed below dredge)?
water level 1 L'<i �� 11<
(1) Riprap �'
(2) Bulkhead backfill A- /f
c. Will wetlands be cr3ssed in transporting equipment
h. Type of fill material to project site? _ Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
i. Source of fill material " ��
4. OTHER FILL ACTIVITIES
Applicant or Project Name
(Excluding Shoreline Stabilization) / 2
sigpijure
a. Will fill material be brought to site? 't/ A 5
Yes X No Date T
Revised 03/95

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Permit# 10 Z'OS
DCM Coordinator: ocve./�
MAILING DISTRIBUTION:
Permitee:
Agent: `J
DCM Field Offices:
Eli Ci
ehead Ci
Washington
ilmin ton
US Army Corps of Engineers(USACE):.
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland.
Wilmington: D m (NCD )
Wic
Others:
Cultural Resources: KKaroly
Environmental Health:
Marine Fisheries; \
NCDOT:
Shellfish Sanitation:
State Property Office:
Water Quality: -DOT
Water Resources: John Sutherland
Wildlife Resources: Maria Tripp
S�cu� 1 ve�ka
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitee at
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CANIA Major Permit Process Manual Page 70 of 70

I
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: William J. Branch County: New Hanover
LOCATION OF PROJECT: 2501 Shandy Lane, adjacent to Bradley Creek
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3/3/05
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Robb Mairs DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH:0.31d&5 FEE REC'D:$ ZS� o�
PUBLIC NOTICE REC'D: 031/J//O END OF NOTICE DATE:t /A"f/c
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: por,-.e (( ON: /zd/ems
C) 75 DAY DEADLINE: _ o5117/0 5 150 DAY DEADLINE: 07�T/D,S
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: L1-,?7-OS FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMNENfS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative S 3-RS-
Coastal Management-LUP Consistency t I
Division of Community Assistance y-`-t7s
Land Quality Section 3-/a'QSr
Division of Water Quality
Storm Water Management(DWQ)
State Property Office
Division of Archives&History
Division of Environmental Health 3-1)-�- oS
Division of Highways
Wildlife Resources Commission 4" O 3 Cn S
Division.of Water Resources
Division of Marine Fisheries
Submerged Lands(DMF)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 31, 2005
Regulatory Division
Action ID No. 200500575 and State Permit No. 102-05
William J. Branch
114 Old Camp Road
Wilmington,North Carolina 28409 IWl y.;ereh��� �i�� I�GM
Dear Mr. Branch:
Reference your application for a Department of the Army permit to excavate a small boat
basin and construct a private pier, gazebo, boat lift and floating docks at 2501 Shandy Lane,
adjacent to the south side of Bradley Creek, Wilmington, in New Hanover County,North
Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process for construction activities that
receive authorization from the State of North Carolina. Therefore, you may commence
construction activity in strict accordance with applicable State authorization and 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.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Henry Wicker
Regulatory Project Manager

Enclosure
Copies Furnished without enclosure:
Mr. John Domey Mr. Pete Benjamin
Division of Environmental Management U.S. Fish and Wildlife Service
North Carolina Department of Environment Fish and Wildlife Enhancement
and Natural Resources Post Office Box 33726
1650 Mail Service Center Raleigh,North Carolina 27636-3726
Raleigh,North Carolina 27699-1650
Mr. Ron Sechler
Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service
Wetlands Section- Region IV Pivers Island
Water Management Division Beaufort,North Carolina 28516
U.S. Environmental Protection Agency
61 Forsyth Street, SW Mr. David Rackley
Atlanta, Georgia 30303 NMFS, Habitat Conservation Division
219 Fort Johnson Road
Mr. Doug Huggett ✓ Charleston, South Carolina 29412-9110
Division of Coastal Management
North Carolina Department of Environment Mr. Jim Gregson, District Manager
and Natural Resources Wilmington City Regional Office
400 Commerce Avenue North Carolina Division of Coastal
Morehead City, North Carolina 28557 Management
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
2

W A Michael F. Easley, Governor
r��47
`(� C William G. Ross, Jr., Secretary
6 p North Carolina Department of Environment and Natural Resources
a -
4)4
Alan W. Klimek, P.E. Director
Division of Water Quality
July 29, 2005
William J.Branch
114 Old Camp Road
Wilmington,NC 28409
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
2501 Shandy Lane
DWQ Project#050477
New Hanover County
Dear Mr.Branch:
This Certification rescinds and replaces the previous Water Quality Certification written on
March 23,2005.
You have our approval, in accordance with the attached conditions(WQC#3400)to conduct the
following activity located at your property located at 2501 Shandy Lane Wilmington,New Hanover
County. This approval allows you to:
1. Dredge an 65' X 55' boat basin to a depth of—3.0 mlw ;
2. Construct 3 boat slips,boat lift,floating docks,gazebo and a pier.
This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality(DWQ)Wilmington regional Office(WiRO) on
March 9,2005 and revised on July 19,2005. After reviewing your application,we have determined that
General Water Quality Certification Number 3400 covers this activity. This Certification allows you to
use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind
that there may be additional Federal,State or Local regulations applicable to your project, such as(but not
limited to)Sediment and Erosion Control,Non-Discharge and Water Supply Watershed regulations,
NPDES and Coastal Stormwater. In addition,this approval will expire when the accompanying
CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your completed CAMA
Major Permit application received by the Division of Coastal Management on March 3,2005 and revised on
July 18, 2005. If you change or modify your project,you must notify the Division(DWQ) in writing and
you may be required to send us a new application for a new certification. If the property is sold,the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project(now or in the future)exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H.0506(h). For this approval to
be valid,you must follow the conditions listed in the attached certification and the additional
conditions listed on the following page:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Service 1-877-623-6748 One
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us NorthCarollina
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper Natulralld,J

i Page Two
William J.Branch
Project#050477
July 29,2005
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications,the applicant is required to return the attached
certificate of completion to this office and a copy to the 401/Wetlands Unit,North Carolina Division of
Water Quality, 1650 Mail Service Center,Raleigh,NC,27699-1650;
2. No excavation and no spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the CAMA Major Application. All
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification,you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings,6714 Mail Service Center,Raleigh,N.C.27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Project#050477 under Section 401 of the Clean Water
Act. If you have any questions,please telephone Joanne Steenhuis or Edward Beck at 910-796-7215.
Sincerely,
Alan W.Klimek,P.E.,Director
Division of Water Quality
Attachments: GC#3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office—Henry Wicker
WiRO-Joanne Steenhuis
401 Oversite Unit,Raleigh—Cyndi Karoly
CAMA—Robb Mairs
CAMA—Doug Huggett
Consultant—Jimmy North

July 26, 2005
Regulatory Division
Action ID No. 200500575
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of William Branch for a Department of the Army permit to
excavate a small boat basin and construct a private pier, gazebo,boat lift and floating docks at
2501 Shandy Lane, adjacent to the south side of Bradley Creek, Wilmington, in New Hanover
County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal,relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters,the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit,no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or

maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083,
Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
7. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office
at(910)772-2191.
8. In order to protect juvenile finfish resources, no excavation or filling activities will be
permitted between the dates of April 1 and September 30 of any year without the prior approval
of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers.
9. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
10. All excavated materials will be confined landward of the mean high water level
elevation contour within adequate dikes or other retaining structures to prevent spillover of
dredged materials into any vegetated wetlands or surrounding waters.
11. Flow from the diked retention area will be confined by pipe,trough, or similar device
to a point at or below the mean low water level elevation contour to prevent gully erosion and
siltation.
2

12. Excavation will not exceed 3 feet below the elevation of mean low water.
13. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work,he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
14. Approval of the structure was based on determinations that there would be no
obstruction to navigation. The structure may be damaged by wave wash from passing vessels.
Issuance of this permit should not be construed, as relieving the permittee of taking proper steps
to insure the structure and moored boats will not be damaged by wave wash.
15. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
16. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
17. 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).
18. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
19. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct,restore
the water or wetland to its pre-project condition.
3

20. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
21. The West Indian manatee (Trichechus manatus), which is listed as a federally
endangered species,has been reported in the waters in New Hanover County. In order to protect
the West Indian manatee all work should be done during the period from November 1 to May 31.
If work must be done during the period from June through October the enclosed guidelines,
entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina" must be followed.
Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely, FILENAME:CL31-500575
CESAW-RG-L✓WICKER/hw/mj
MAIL
CESAW-RG-L/FILES
Henry Wicker
Regulatory Project Manager
Enclosure
4

Copies Furnished (without enclosure):
Ms. Cyndi Karoly Mr. Wesley Crum, Chief
Division of Water Quality Coastal Section
North Carolina Department of Environment 61 Forsyth Street, SW
and Natural Resources Atlanta, Georgia 30303
1650 Mail Service Center
Raleigh, North Carolina 27699-1650 Mr. Jim Gregson,District Manager
Wilmington Regional Office
Mr. Pete Benjamin North Carolina Division of Coastal
U.S. Fish and Wildlife Service Management
Fish and Wildlife Enhancement 127 Cardinal Drive Extension
Post Office Box 33726 Wilmington, North Carolina 28405
Raleigh, North Carolina 27636-3726
Commanding Officer
Mr. Ron Sechler U.S. Coast Guard Marine Safety Office
National Marine Fisheries Service 721 Medical Center Drive, Suite 100
Habitat Conservation Service Wilmington, North Carolina 28401-4895
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
5

AL7T�i_IIUAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
July 18, 2005
William Branch
114 Old Camp Road
Wilmington,NC 28409
Dear Mr.Branch:
The Division of Coastal Management hereby acknowledges your July 18, 2005 request that the
Coastal Area Management Act permit application for the proposed excavation, installation of the
boatlift, floating docks, and pier project be placed in abeyance. Based on this request, processing
of your application will be terminated until such time as a written request is received in this office
requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d),
during the pendency of any termination of processing,the permit processing period will not run.
Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management
will resume processing of the application at the point where it was terminated.
If you have any questions concerning this matter, please feel free to contact me at(252) 808-
2808), or by e-mail at [e-mail].
Sincerely,
�l
Jonathan Howell
Asst. Major Permits Coordinator
Cc: DCM—Robb Mairs,WIRO
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

DEPARTMENT OF THE ARMY
WILNHNGTON DISTRICT,CORPS OF ENGINEERS
_ P.O.BOX 1890
WILNUNGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
June 1, 2005
Regulatory Division
Action ID No. 200500575
Mr. Doug Huggett
J�
Division of Coastal Management
North Carolina Department of Environmenf r
and Natural Resources 1 '
400 Commerce Avenue
Morehead City,North Carolina 28557-3421
Dear Mr. Huggett:
Reference the application of ViiJOR Branch for a Department of the Army permit to
excavate a small boat basin and construct a private pier, gazebo,boat lift and floating docks at
2501 Shandy Lane, adjacent to the south side of Bradley Creek, Wilmington, in New Hanover
County,North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans,which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE)prior to implementation.
2. The permittee understands and agrees that, if future operations by the United States
require the removal,relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers,to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit,no excavation, fill or
mechanized land-clearing activities shall take place at any time in the construction or

maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this permit,
no excavation, fill or mechanized land-clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at(919) 733-5083,
Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
6. The authorized structure and associated activity must not interfere with the public's right
to free navigation on all navigable waters of the United States. No attempt will be made by the
permittee to prevent the full and free use by the public of all navigable waters at or adjacent to
the authorized work for reason other than safety.
7. The permittee must install and maintain, at his expense, any signal lights and signals
prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
For further information,the permittee should contact the U.S. Coast Guard Marine Safety Office
at(910) 772-2191.
8. In order to protect juvenile finfish resources,no excavation or filling activities will be
permitted between the dates of April 1 and September 30 of any year without the prior approval
of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers.
9. All excavated materials will be confined landward of the mean high water level
elevation contour and any vegetated wetlands.
10. All excavated materials will be confined landward of the mean high water level
elevation contour within adequate dikes or other retaining structures to prevent spillover of
dredged materials into any vegetated wetlands or surrounding waters.
11. Flow from the diked retention area will be confined by pipe, trough, or similar device
to a point at or below the mean low water level elevation contour to prevent gully erosion and
siltation.
2

12. Excavation will not exceed 4 feet below the elevation of mean low water.
13. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
14. Approval of the structure was based on determinations that there would be no
obstruction to navigation. The structure may be damaged by wave wash from passing vessels.
Issuance of this permit should not be construed, as relieving the permittee of taking proper steps
to insure the structure and moored boats will not be damaged by wave wash.
15. The permittee shall advise the Corps in writing at least two weeks prior to beginning
the work authorized by this permit and again upon completion of the work authorized by this
permit.
16. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this
project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
17. 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).
18. The activity will be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction-related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management(NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
19. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre-project condition.
3

20. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
21. The West Indian manatee (Trichechus manatus), which is listed as a federally
endangered species, has been reported in the waters in New Hanover County. In order to protect
the West Indian manatee all work should be done during the period from November 1 to May 31.
If work must be done during the period from June through October the enclosed guidelines,
entitled"Precautions for General Construction in Areas Which May Be Used by the West Indian
Manatee in North Carolina"must be followed.
Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely, I
W�
Henry icker
Regulatory Project Manager
Enclosure
4

Copies Furnished (without enclosure):
Ms. Cyndi Karoly Mr. Wesley Crum, Chief
Division of Water Quality Coastal Section
North Carolina Department of Environment 61 Forsyth Street, SW
and Natural Resources Atlanta, Georgia 30303
1650 Mail Service Center
Raleigh,North Carolina 27699-1650 Mr. Jim Gregson, District Manager
Wilmington Regional Office
Mr. Pete Benjamin North Carolina Division of Coastal
U.S. Fish and Wildlife Service Management
Fish and Wildlife Enhancement 127 Cardinal Drive Extension
Post Office Box 33726 Wilmington, North Carolina 28405
Raleigh, North Carolina 27636-3726
Commanding Officer
Mr. Ron Sechler U.S. Coast Guard Marine Safety Office
National Marine Fisheries Service 721 Medical Center Drive, Suite 100
Habitat Conservation Service Wilmington,North Carolina 28401-4895
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
5

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
May 16, 2005
Mr. William J. Branch
114 Old Camp Road
Wilmington, NC 28409
Dear Mr. Branch:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to excavate a small boat basin and construct a private pier, gazebo,
boatlift, and floating docks to accommodate three (3) boat slips in New Hanover County adjacent
to Bradley Creek at 2501 Shandy Lane, Wilmington, NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make July 31, 2005 the new deadline for reaching a decision on your
request. However, we expect to take action prior to that time and will do so as soon as possible.
In the interim, if you have any question on the status of your application, do not hesitate to
contact me by phone [phone]) or e-mail (do [e-mail]).
Very sincerely,
po�& &/, �fvp=_
Doug Huggett
Major Permits & Consistency Coordinator
cc: DCM, Morehead City
DCM, Wilmington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

NT F
aPP� r�,y United States Department of the Interior �, e
FISH AND WILDLIFE SERVICE
Raleigh Field Office J4
M4ACH 9;0A0 Post Office Box 33726 MAY 0 9 2005
Raleigh,North Carolina 27636-3726
May 3,2005 Morehead City DCM
Mr. Henry Wicker /
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington,North Carolina 28402-1890
Subject: Action ID#200500575,William Branch, Pier in Bradley Creek,New Hanover County
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the subject Public
Notice(PN), dated March 28, 2005. The applicant,William Branch,has applied for a Department of the
Army(DA)permit to dredge a boat basin and construct a pier and docking area. The proposed work is
being considered under Regional General Permit#198000291,a permit/processing agreement for work
that has been approved pursuant to the North Carolina Coastal Area Management Act(CAMA). These
comments are submitted in accordance with the Fish and Wildlife Coordination Act(FWCA) (48 Stat.
401, as amended; 16 U.S.C. 661-667d). Continents related to the FWCA are to be used in your
determination of compliance with 404(b)(1)guidelines(40 CFR 230)and in your public interest review
(33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are
provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the
Endangered Species Act(ESA)of 1973, as amended(16 U.S.C. 1531-1543).
Proposed Action and the Project Area
The PN contains the Field Investigation Report(FIR), dated March 7, 2005, of the North Carolina
Division of Coastal Management(NCDCM). The FIR states that the applicant owns a 1.089-acre tract
with high ground that transitions to a salt marsh containing salt grass (Distichlis spicata)and smooth
cordgrass(Spartina alterniora). The marsh forms a buffer of approximately 450 feet in width between
the high ground and Bradley Creek, a tidal creek which flows into the Atlantic Intracoastal Waterway
(AIWW). Within the marsh border there is a small, open water tidal flat with several areas of oyster reef
visible in the mud flat at low tide. The applicant's lot has a shoreline length of approximately 349 feet.
The applicant proposes to construct a six-foot-wide, fixed pier which would extend 420 feet over the salt
marsh. A 64-foot section of the pier would be elevated over open water(mud flat at low tide)to provide a
clearance of 6-8 feet above mean high water for small craft navigation. The pier would terminate with an
18-foot by 18-foot gazebo over open water. An access ramp would be constructed from the gazebo to a U-
shaped floating dock system. The overall length of the project would be 495 feet. Existing water depths at
the docking system range from -0.7 to -1.6 feet at mean low water(MLW). Around the docking system the
applicant proposes to dredge a boat basin(65 feet long by 45 feet wide to a depth of four feet at MLW).
The basin would accommodate three boat slips. Dredging would be done with a barge-mounted excavator.
Dredging would remove 325 cubic vards of material and disturb 2,925 square feet of an area described in
the FIR as non-vegetated, shallow bottoms. The material would be deposited on an existing spoil island on
the east side of the AIWW approximately 1.3, miles southeast of the project site.

2
Anticipated Impacts
The narrative project description in the FIR states that the proposed structure would shade 2,200 square
feet(ft)of smooth cordgrass marsh and intertidal flats. However,the table of project impacts states that
2,220 fe of vegetated wetlands would be shaded. The actual amount of marsh shading could be higher. A
pier of 420 feet long by six feet wide would cover an area 2,520 ft2. The proposed gazebo,floating docks,
and boat lift would incorporate an additional 1,000 ft2 of Estuarine Waters and Public Trust Area.
Dredging for the boat basin would disturb 2,925 ft2 of estuarine bottoms.
Federally Protected Species
The Service has reviewed available information on federally-threatened or endangered species known to
occur in New Hanover County. We have also reviewed information from the North Carolina Natural
Heritage Program(NCNHP)database which contains excellent data on the special status species,both
federal and state,within each U. S. Geological Survey quadrangle(quad). The project is located in the
Wrightsville Beach quad. The occurrence data of special status species within this quad can be obtained
on the internet under the Database Search section of<hgR://www.ncnhp.org/Pages/heritagedata.html>.
The Service carefully considers potential impacts for all in-water construction on the West Indian manatee
(Trichechus manatus),a federally-endangered mammal. The species has been reported from New Hanover
County and there is a current record in the Wrightsville Beach quad. Manatees move along the Atlantic
Coast during summer months and are seasonal transients in North Carolina,primarily from June through
October. Manatees may occupy waters one to two meters(3.3 -6.6 feet)deep. The species moves
extensively when in North Carolina waters and past occurrence records cannot be used to precisely
determine the likelihood that it will be presence at a particular construction site.
The Service is concerned that dredging in the project area,especially the use of a barge mounted
excavator,poses a risk to manatees during the warmer months of the year. Sheet 4 of 4 within the FIR
indicates that water depths at the construction site are approximately five feet at high tide. Pier
construction which may require either jetting and/or pile driving for timber placement can also create a risk
to manatees. To minimize any risk to this endangered species,the Service developed"Guidelines for
Avoiding Impacts to the West Indian Manatee-Precautionary Measures for Construction Activities in
North Carolina Waters." These guidelines are available on our web site at<
hM://nc-es.fws.gov/mammal/manatee guidelines.pdf>. The guidelines are intended mainly to ensure that
construction personnel are informed that manatees may occur in the work area,that work should cease if a
manatee approaches the work area,work should not resume until the manatee leaves the work area, and
procedures for reporting the death or injury of a manatee. Protection of the manatee would further
enhanced by scheduling construction during the period from November 1 through May 31 where the
species is least likely to be in North Carolina waters.
With the inclusion of our manatee guidelines,the Service would concur with a determination by the
District Engineer that the action is not likely to adversely affect species designated as threatened,
endangered,or their designated critical habitat. The Corps' requirements under section 7(a)(2)of the Act
would be fulfilled. However, section 7 consultation must be reconsidered if: (1)new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not previously
considered; (2)this action is subsequently modified in a manner that was not considered in this review; or,
(3)a new species is listed or critical habitat determined that may be affected by the identified action.

3
Service Concerns and Recommendations
As a form of coastal wetland,the salt marsh at the project site provides habitat for finfish and shellfish
(Street et al. 2004,pp. 320-326). Along with the shallow soft bottoms and shell hash areas they border,
saltibrackish marshes along the North Carolina coast are probably the most recognized nursery habitat for
estuarine-dependent species. The majority of Primary and Secondary Nursery Areas designated by the
Marine Fisheries Commission are located in soft bottom areas surrounded by salt/brackish marsh. Coastal
salt marshes also serve as foraging areas,refuges, spawning areas,and travel corridors.
Any impacts to intertidal and shallow subtidal habitats are a cause for concern. Both areas are important
fish and wildlife habitat. The ecology of North Carolina intertidal flats has been has been described
(Peterson and Peterson 1979). While intertidal flat may appear devoid of vegetation,microalgae are
extremely abundant in and on the sediments of these areas(Peterson and Peterson 1979,p. 11). Intertidal
flats contribute significantly to total phytoplankton production in estuarine systems because the area of net
photosynthetic production is greatly increased when high tides create large areas of shallow water
(Peterson and Peterson 1979,p. 13). Shorebirds forage along intertidal habitat of exposed sand bars.
Invertebrates inhabiting intertidal shoals are an important food source for shorebirds and fishes. Birds
such as the sanderling(Calidris alba),black-bellied plover(Pluvialis squatarola),willet(Catoptrophorus
semipalmatus),ruddy turnstone(Arenaria interpres),greater yellowleg(Tringa melanoleuca),lesser
yellowleg(Tringa flavipes),marbled godwit(Limosa fedoa),American oystercatcher(Naematopus
palliatus),laughing gull(Larus atricilla),herring gull(Larus argentatus), and great black-backed gull
(Larus marinus)forage on the algae and invertebrates of intertidal sand flats.
The Service is concerned about the relatively long length of the proposed pier and the amount of coastal
marsh covered by the structure. Docks and piers can impact wetlands indirectly by blocking sunlight and
associated boat traffic(Street et al. 2004, and references therein,p. 350,). Boat wakes can erode the
margins of a marsh. Shading results in the loss of plant growth and vigor beneath the dock structures. A
study in South Carolina compared stem densities of Spartina under docks with stem densities five meters
away from docks(Sanger and Holland 2002 as cited in Street et al. 2004,p. 350). This study indicated an
average reduction in stem density of 71%under the docks. The study concluded that although shading of
Spartina by docks reduces stem density,the total impact on wetland habitat was minor. However,local
effects in areas with many docks could be significant. Street et al.(2004,p. 390-391)also note that several
studies indicate that individual docks have the potential to alter soft bottom habitat,particularly shallow
water habitat,in ways that can reduce productivity of the system as a whole. Benthic microalgae are an
important component of primary production in soft bottom habitats such as mudflats. These microalgae
are light dependent and thus adversely affected by shading.
Shading of the coastal marsh by structures such as docks and piers may reduce the primary productivity of
the area and reduce its habitat value. This concern is especially relevant when considered as the
cumulative shading impact of greater dock density along a given shoreline. Street et al. state(2004,p.
350)that effects on wetlands in areas with many docks could be significant and that the impact of dock
shading on wetland vegetation is likely to increase over time as more piers are constructed. These authors
make the assumption that"total shading of the bottom by piers and docks is limited by a requirement that
pier surface area associated with a given waterfront lot may not exceed a combined total of four square feet
per linear foot of adjacent shoreline." Under this regulation, a lot with 349 feet of shoreline would be
allowed approximately 1,400 ft2 of structures. This square footage is much less than the 2,200 ft2 of
shading given in the FIR and the coverage of all structures(excluding the boat lift)could be approximately
3,600 ft2 based on the dimensions of the structures given in Sheet 1. However,the wording of the law
(15A NCAC 07H .0208(b)(6)(D); available at<h=://ncrules.state.ne.us/ncadministrativ/title]>aenviron!

4
>)appears to exclude piers of six feet or less in width. The square footage considered in the law applies to
extension of a pier a"T"structure or finger pier less than six feet in width and structures P ( g P� ) greater than six
feet wide(designated as platforms and decks rather than piers). The actual area of a pier of six feet or less
in width appears to be excluded from the calculated.square footage. Furthermore,the limit on the
combined area of such structures can be permitted if necessary to"support a water dependent use that
cannot otherwise exist."
The Service supports the intent of the state regulation to limit the amount of coverage over coastal waters
and wetlands. Measures can be taken to minimize the adverse impact of shading which can result in the
loss or degradation of coastal marsh. Such measures are especially important when considered in a
cumulative context. If each lot could construct 10 square feet of structures for every foot of shoreline,
there could be a gradual decline in estuarine resources such as fmfish and shellfish.
To reduce this problem, structures can be elevated sufficiently to allow sunlight to support marsh
vegetation. The PN does specify a proposed pier height over the coastal marsh. State regulations(15A
NCAC 07H .0208(b)(6)(F))require structures built over wetland to be at least three feet over the wetland
substrate measured from the bottom of the decking. While the Corps' Regional General Permit(RGP)
197800056,which became effective on March 16,2005,also requires(Special Condition i)a minimum
elevation of three feet for docks and piers over wetlands,the RGP stipulates that these structures will be
elevated sufficiently to prevent total shading of vegetation, substrate,or other elements of the aquatic
environment. Therefore,the amount of elevation is determined by the height necessary to prevent total
shading. The required elevation will be dependent of the character of the wetlands covered and the stated
minimal elevation may not be appropriate in all cases. Since smooth cordgrass may grow three to six feet
high(Tiner 1993,p. 13)and grow in dense stands,the minimum height requirement may produce a zone
of total shading under the structure. A healthy smooth cordgrass marsh may require structures to be placed
above the top of the plants to prevent a zone of total shading.
Shading can also be reduced by creating structures which allow the passage of sunlight. The use of a
grated surface or extruded metal decking would allow sunlight to support marsh vegetation. There could
be added benefits from not using solid decking for the long pier. The use of a grated surface with openings
to allow storm waves to pass through the structure rather than striking a solid surface could reduce storm
damage to the structure. In accordance with the protective measures contained in RGP 197800056,the
Service recommends that the Coordinated Federal Position require supporting information that the
structures over vegetated wetlands, specially the coastal marsh,would be elevated sufficiently to prevent
total shading of the vegetation.
There may be secondary environmental impacts associated with the proposed long pier. State law requires
that piers not extend beyond the established pier line,also known as the official pier-head line(15A NCAC
07H. 0208(b)(6)(J)). If the proposed pier would extend beyond this line, it would change the established
pier length along the shoreline. An extension of the official pier-head line would set a precedent for longer
piers in the area and ultimately lead to additional construction of long piers in the area. While the FIR
states that the proposed work is"similar"to two previous projects in relation to the Bradley Creek entrance
channel and primary nursery areas, the report does not directly state that the proposed structure of almost
500 feet does not exceed the established pier head line. This issue should be clarified prior to the issuance
of a DA permit.
The Service is concerned that use of the proposed dock for three boats could result in turbidity and
sedimentation in the future or require additional dredging to maintain access to Bradley Creek. If the
proposed basin, with a depth of four feet at MLW, is not connected to deeper water by an access route with

5
a depth equal to or greater than four feet,boats entering and leaving the basin would create turbidity by
prop wash or a deeper channel would need to be dredged. Street et al. (2004,p. 391)note that when docks
are permitted in very shallow areas,moored boats or floating docks may cause considerable turbidity or
prop dredging when attempting to motor to deeper waters. These conditions can significantly reduce
primary or secondary productivity. The potential for such adverse impacts due to the proposed work is not
clear. The FIR states that approximately 70 feet of the total 495-foot structure"would extend into the
deeper water area of Bradley Creek at mean low water(MLW)." However,the next sentence notes that
existing water depths at the proposed docking location range from-0.7 to-1.6 feet at MLW. The latter
data are consistent with Sheet 1 within the project plan which indicates that depths around the proposed
basin are less than two feet at MLW. The only depth shown for the"Creek Channel"on Sheet 1 is 22
inches. The outline of the proposed boat basin is not shown on Sheet 1 of the plans. Furthermore, shallow
water between the basin and deeper water could require additional dredging in the future. We recommend
that the Coordinated Federal Position request clarification on the access between the proposed basin and
deeper water in Bradley Creek.
Another concern related to the layout of the dock and vessel placement was expressed by Street et al.
(2004, and references therein,p. 391)who state that when docks are permitted in very shallow areas,
moored boats or floating docks may actually sit on the bottom for a large portion of a tidal cycle(up to 12
hr). These conditions can also significantly reduce primary or secondary productivity. However,these
authors also noted that if properly designed and located, individual piers do not pose a large threat to soft
bottom habitat. They also note that there is currently no minimum water depth required to receive a dock
permit. The Service concurs with the recommendation that docks should be established in areas with
sufficient water depth to prevent boats or floating docks from sitting directly on soft bottom or other
benthic habitats. This potential problem is not directly addressed in the FIR. The Coordinated Federal
Position should request clarification that the depths are sufficient to prevent structures or vessels from
resting on the substrate at any time during the tidal cycle.
Overall, the Service recommends that the Coordinated Federal Position request additional information on
measures that would benefit fish and wildlife resources in the project area. Considering the high fish and
wildlife habitat value of the salt marsh and tidal flats which would be affected and,more importantly,the
potential for secondary impacts that could occur as a result of the proposed work,we recommend that the
applicant provide information to support the following four conservation measures which should be part of
the permitted action.
1. The structures over vegetated wetlands would be elevated sufficiently above the substrate to prevent
adverse shading impacts to vegetation, substrate, and other elements of the aquatic environment. Support
for the sufficiency of the proposed elevation would include data on the characteristic heights of dominant
plant species to be covered. There should not be an assumption that the minimum height requirement
(three feet above the substrate)is sufficient to minimize the adverse impacts which the state regulation
(15A NCAC 07H .0208(b)(6)(D))seeks to prevent by limiting the square footage of structures permitted
for each linear foot of shoreline. Such impacts could be reduced by elevating all structures to a sufficient
height above marsh vegetation to ensure survival of the marsh plants under the structure and/or using
decking on the structures with openings which allow the penetration of sunlight;
2. The total waterward extent of all structures, given as 495 feet by the NCDCM,would not exceed the
official pier-head line in the immediate vicinity of the project and not set a precedent for longer piers in the
area;
3. There would be sufficient water depths between the proposed boat basin and the deeper water of

6
Bradley Creek to ensure that boats using the dock would not create turbidity by prop agitation and that
additional dredging would not be required in the future to ensure access to deeper water; and,
4. There would be sufficient water depth within the proposed boast basin to ensure that neither the floating
dock structures nor any vessels using the dock would rest on the estuarine bottom at any time during the
tidal cycle.
The Service appreciates the opportunity to comment on this permit application and we will carefully
review any information provided on the issues outlined above. If you have questions regarding these
comments or wish to discuss the development of the coordinated federal position,please contact Howard
Hall at 919-856-4520,ext.27 or by e-mail at<[e-mail]>. Please provide this office with a
copy of the coordinated federal position,if one is developed.
gn
y,
jamin
Ecological Services Supervisor
Literature cited:
Peterson,C. H. and N.M. Peterson. 1979. The ecology of intertidal flats of North Carolina: a community
profile. U. S. Fish and Wildlife Service, Office of Biological Services. FWS/OBS-79/39. 73pp.
Sanger, D. M. and A.F. Holland. 2002. Evaluation of the impacts of dock structures on South Carolina
estuarine environments. South Carolina Department of Natural Resources,Marine Resources
Research Institute,Charleston, SC. Tech. Rep.No. 99. 82p.
Street,M. W., A. S. Deaton,W. S. Chappell, and P. D. Mooreside. 2004(September). North Carolina
Coastal Habitat Protection Plan—Draft. North Carolina Department of Environment and Natural
Resources. Division of Marine Fisheries. Morehead City,North Carolina. 608 pp. [available at
<hgp://www.nccoastaimanagement.net/Facts/habitat.htm>.]
Tiner,R. W. 1993. Field Guide to Coastal Wetland Plants of the Southeastern United States. The
University of Massachusetts Press,Amherst,Massachusetts. 328 pp.
cc:
Ronald Mikulak, US EPA,Atlanta, GA
Ron Sechler,NOAA Fisheries,Beaufort,NC
David Cox,NC Wildlife Resources Commission, Creedmoor,NC
John Dorney,NC Division of Water Quality,Raleigh,NC
Ted Tyndall,NC Division of Coastal Management,Morehead City,NC
Mike Street,NC Division of Marine Fisheries, Morehead City,NC

404
Y CP ..
a �yz
North Carolina Wildlife Resources Commission
Richard B. Hamilton,Executive Director
MEMORANDUM
TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne 40
Habitat Conservation Program
DATE: April 7, 2005
SUBJECT: CAMA/Dredge&Fill Permit Application for William J. Branch, 2501 Shandy
Lane, on Bradley Creek, Wilmington,New Hanover County, North Carolina.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. Our comments are provided in accordance with provisions of
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the
Coastal Area Management Act (G.S. 113A-100 through 113A-128).
The applicant proposes to construct a 495-ft. pier and 3-slip boat dock with excavated
basin on Bradley Creek. The pier would be elevated over a small open water tidal flat that is semi-
navigable at high tide and would cross a broad expanse of coastal wetlands providing quality
habitat for muskrat, raccoon, opossum, waterfowl, wading birds,juvenile fishes, and marsh
invertebrates. Approximately 2,925 sq. ft. of estuarine bottom would be dredged around the
docks with material deposited on a nearby spoil disposal island. Project waters are classified SC
and proximal to a Primary Nursery Area to the south.
Disturbance of wetland vegetation from pier/piling installation and turbidity from
excavation are expected during project construction. Greater marsh damage and water quality
decline would result if the work is done during the growing season. The project would also result
in the loss of productive shallow water habitat in an estuarine system having had much of this
habitat converted to excavated boat slips. The pier would shade marsh vegetation. Based on
these concerns, we recommend the following permit conditions.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

William Branch Pier&Dock 2 04/07/05
1. Construction during the April 1 to September 30 period of peak biological activity will
be avoided.
2. The pier shall be elevated a minimum of 4 ft. off the marsh floor to allow sunlight
penetration to underlying wetland vegetation.
Thank you for the opportunity to comment on this application. If you have questions,
please call me at [phone].

O�OF WAP,, Q Michael F. Easley, Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 29, 2005 (0
Mr. William J. Branch TP-.'
114 Old Camp Road
Wilmington, NC 28409
g �.r
Subject: EXEMPTION APR U 5 2005
Stormwater Project No. SW8 050318
William J. Branch Project Morehead Cit
New Hanover County y ACM
Dear Mr. Branch:
The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA
Major Permit Application for pier, floating dock and boatlift construction on March 9, 2005. Staff
review of the plans and specifications has determined that the development activities proposed
at this time will not pose a threat to surface water quality from stormwater runoff. The Director
has determined that projects that are reviewed and approved by the Division as not posing a
water quality threat from stormwater runoff should not be subject to the stormwater
management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are
informing you that your project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater
runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES)
stormwater discharge requirements. You are required to have an NPDES permit for
stormwater discharge from projects meeting these criteria. The stormwater rules require the
Division to permit the common plan of development, therefore, any future development on the
property, regardless of whether a CAMA Major permit is also required, will require a
Stormwater Management Permit application and permit issuance from the Division of Water
Quality prior to any construction.
If you have any questions or need additional information concerning this matter please contact
Ms. Linda Lewis at [phone].
Sincerely,
Ed Beck
Acting Regional Supervisor
Surface Water Protection Section
ENB/arl: S:\WQS\STORMWAT\CAMA\050318.mar05
cc: Division of Coastal Management
Tony Roberts, New Hanover County Inspections
City of Wilmington- Stormwater Services
Doug Huggett, DCM
Linda Lewis
Wilmington Regional Office
Central Files
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone]
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet: www.enr.state.nc.us One
NorthCarolina
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO J /`
Regulatory Division
g Y
Action ID. Applicant: l 1 ia".v r --
Waterway: G rl County: NV LAJ H l Type Work:
C,- k
Mr.Ron Sechler Commanding Officer 6 1"re
National Marine Fisheries United States Coast Guard
Service,NOAA 431 Crawford Street
Pivers Island Portsmouth,Virginia 23704
Beaufort,North Carolina 28516
Mr. Ronald J. Mikulak, Chief Without enclosures
Wetlands Section—IV
Water Management Division Mr.Doug Huggett
U.S.Environmental Protection Agency Division of Coastal Management
61 Forsyth Street, SW NC Dept of Environment and
Atlanta, Georgia 30303 Natural Resources
400 Commerce Avenue
Mr. Pete Benjamin,Field Supervisor Morehead City, North Carolina 28557
Fish and Wildlife Enhancement -�
U.S. Fish and Wildlife Enhancement
Post Office Box 33726 Regional Office
Raleigh,North Carolina 27636-3726 Division of oastal Management
NC Department of Environment, Health
Commanding Officer and Natura Resources
United States Coast Guard l
Marine Safety Office YLS
721 Medical Center Drive Suite 100
Wilmington,NC 28401 Mr. David Rackley
National Marine Fisheries Service,NOAA
219 Forth Johnson Road
Gentlemen: Charleston, South Carolina 29412-9110
Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement,a
State Field Investigation Report is enclosed. Your comments and/or recommendations would be
appreciated on or before y- 7--6
Questions or comments may be addressed to the undersigned, available at telephone
[phone].
Si cerely,
Henry Wi er,Project Manager
Wilmington Regulatory Field Office
Enclosure
1

aOF W ATFRQ Michael F. Easley, Governor
O p William G. Ross, Jr., Secretary
co
t-- North Carolina Department of Environment and Natural Resources
a Alan W. Klimek, P.E. Director
Division of Water Quality
March 23, 2005
William J. Branch
114 Old Camp Road
Wilmington,NC 28409
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
2501 Shandy Lane
DWQ Project# 050477
New Hanover County
Dear Mr. Branch:
You have our approval, in accordance with the attached conditions (WQC#3400) to conduct the
following activity located at your property located at 2501 Shandy Lane Wilmington,New Hanover
County. This approval allows you to:
1. Dredge an 65' X 45' boat basin to a depth of—4.0 mlw ;
2. Construct 3 boat slips, boat lift, floating docks, gazebo and a pier.
This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality(DWQ) Wilmington regional Office (WiRO)on
March 9, 2005. After reviewing your application, we have determined that General Water Quality
Certification Number 3400 covers this activity. This Certification allows you to use your CAMA Permit
when the NC Division of Coastal Management issues it. Please keep in mind that there may be additional
Federal, State or Local regulations applicable to your project, such as(but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations,NPDES and Coastal
Stormwater. In addition, this approval will expire when the accompanying CAMA Permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your completed CAMA
Major Permit application received by the Division of Coastal Management on March 3, 2005. If you
change or modify your project, you must notify the Division (DWQ) in writing and you may be required to
send us a new application for a new certification. If the property is sold, the new owner must be given a
copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed on the following
page:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
NorthCarolina
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Page Two
William J. Branch
Project#050477
March 23, 2005
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to this office and a copy to the 401/Wetlands Unit,North Carolina Division of
Water Quality, 1650 Mail Service Center,Raleigh,NC, 27699-1650;
2. No excavation and no spoil, solids,or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the CAMA Major Application. All
construction activities,including the design, installation,operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards,statutes, or rules occur.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification,you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit#050477 under Section 401 of the Clean Water
Act. If you have any questions,please telephone Joanne Steenhuis or Edward Beck at 910-395-3900.
Sincer y,
Alan W. Klimek,P.E.,Director
4-1- Division of Water Quality
Attachments: GC # 3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office—Henry Wicker
WiRO-Joanne Steenhuis �
401 Oversite Unit, Raleigh—Cyndi Karoly MAR 2 4 2005
CAMA—Robb Mairs
CAMA—Doug Huggett
Consultant—Jimmy North >Y:

Rpr 04 05 02: 13p Preferred Customer 910-437-2535 p. 2
,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S.Jones,Director William G.Ross Jr.,Secretary
;Llarch 9, 2005
MEMORANDUM:
TO: Jason Epley
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit-Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo,boatlift and floating docks to accommodate three(3)boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005, If you have any questions regarding the proposed project,please contact Robb Maim
at(910)395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
KTI-iis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED � ' � DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
nr%n nnnn I rA W. nrn new nnnn I

G
NCDENR r 0 5 200
North Carolina Department of Environment and Natural Resources 5
Division of Coastal Management Morehead,� M
Michael F. Easley, Governor Charles S. Jones, Director William G. oss r
March 9, 2005 MAR 0 9 2005
MEMORANDUM:
TO: Linda Lewi,s/I
or hJot tilt
Joanne Steenhuis �� J
Division of Water Quality
Y
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boatlift and floating docks to accommodate three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 26 ADATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2005
1UU5
MEMORANDUM: Mnreh
TO: Dan Sams
For James Simmons
Division of Land Resources
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek, New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boadift and floating docks to accommodate three(3)boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2005
MEMORANDUM:
D
TO: Fritz Rohde
For Preston P. Pate, Jr., Director
Division of Marine Fisheries DMF.HABITAT
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE& FILL Permit Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boatlift and floating docks to accommodate three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
agency approves of the project only if the recommended changes are
incorporated. See attached.)4cok4�d.✓ tiZ \
This agency objects to the project for reasons described in the attaccomme s.
SIGNED DATE .3 /L O
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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oc'r3 MARS 17
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2005 RECEIVED
MAR 2 2 2005
MEMORANDUM: DIV.OF COASTAL MANAGEMENT
RALEIGH
TO: Ken Pace
NCDOT
State Construction/Materials Branch
FROM: Doug Huggett All
Major Permits Processing Coordinator 610a
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boatlift and floating docks to accommodate three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED \ ,U l DATE 3 Ig 05
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2005 !:i
MEMORANDUM: � � 2Z �
TO: Patty Fowler SHELI-FisSH SANITATION
NCDENR-Division of Environmental Health
Shellfish Sanitation Section
, � U000U [
FROM: Doug Huggett
Major Permits Processing Coordinator 2 1
SUBJECT: CAMA/DREDGE & FILL Permit Application Revie
SHELLFISH SANITATION
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boatlift and floating docks to accommodate three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED f ,t,�'`ll �' �'�'°��/L� DATE
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2005
MEMORANDUM:
TO: Joe Henderson
NC Dept. of Administration
State Property Office
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boatlift and floating docks to accommodate three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: ✓ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
1
SIGNED Lw.1 W DATE 3 1 6
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

A oil LIAV.
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S.Jones, Director William G. Ross Jr.,Secretary
® r
March 9, 2005 ^`° `°' °
MEMORANDUM: 4fo e U r
h� o0
TO: Bennett Wynne
NC Wildlife Resources Commission %®
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo,boatlift and floating docks to accommodate three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
r//This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �,,,, �g DATE 2-64.,
� P PVeL
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] IntPrnPt• www nrrnactalmananamPnt nat

MAR 11
NCDENR
North Carolina Department of Environment and Natural Res ortWC°PZs&* ,4
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2005 � CIS - f�5 72
��
MEMORANDUM: J� APB 1 4 ZJU�
TO: Renee Gledhill-Early Morehead City DCM Pc
NC Dept. of Cultural Resources
Archives &History I
FROM: Doug Huggett �G� 1-7�� s
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: William J. Branch
Project Location: 2501 Shandy Lane, adjacent to Bradley Creek,New Hanover County
Proposed Project: The applicant proposes to excavate a small boat basin and construct a private pier,
gazebo, boatlift and floating docks to accommodate three (3) boat slips.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 4, 2005. If you have any questions regarding the proposed project, please contact Robb Mairs
at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE Z �S
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper MAR i. % 206

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.,-, ,.. WILLIAM J. BRANCH 1 279
114 OLD CAMP RD
WILMINGTON,NC 28409 66-1247/531
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PAY TO THE °'yam
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CAPITAL BANK
16W MILITARY CUTOFF RD.,WILMINGTON,NC 28/03
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 9, 2005
FAX: [phone]
2 Pages
Star News
Diane Blake
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Public Notice - William J. Branch
Dear Ms. Blake:
Please publish the attached Notice in the March 14, 2005, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-395-3900.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
A /�A• u
Beverly Riv bar
Coastal Ma age nt Admin. Assistant
Enclosure
cc: File Copy
Doug Huggett
Ted Tyndall
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on March 3, 2005.
According to said application, William J. Branch, proposes to excavate a small boat basin
and construct a private pier, gazebo, boat lift and floating docks to accommodate three (3) boat
slips, at 2501 Shandy Lane, adjacent to Bradley Creek, New Hanover County.
A copy of the entire application may be examined or copied at the office of Robb Mairs at
N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to April 4, 2005, 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 this matter will be provided upon
written request.

- A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 7, 2005
William J. Branch
114 Old Camp Road
Wilmington, North Carolina 28409
Dear Mr. Branch:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed
development at your property located on Shandy Lane, adjacent to Bradley Creek, in New Hanover County. It was received as
complete on March 3, 2005, and appears to be adequate for processing at this time. The projected deadline for making a decision
is May 17, 2005. 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 March 3,2005,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
des igner/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed
you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should
post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete
application.
A field report has been prepared and is in the process of being circulated to the various state and federal review agencies
for their comments. If additional information is required based on this review, the agencies may contact you directly.
Sin ,
Robb Mair
Field Representative
cc:
Doug Huggett, DCM
Jim Gregson, DCM
Ted Tyndall, DCM
Debbie Wilson, LPO
Henry Wicker, COE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: hftp://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

AMA MIT
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LOCALAPPLICANT: THE PERMIT OFFICER : •
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(OR REGISTRATION REGISTER OF DEEDS
REBECCA T CHRISTIAN
NEW FIANOVER COUNTY NC
2003 OCT 17 01:42:05 PM
BK 4058 PG:672-674 FEE:$17.00
NC REV STAMP $1,700.00
IPJSTRUP�ENT # 2QQ306?628
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STATE OF NORTH CAROLINA Tax parcel no.
COUNTY OF NEW HANOVER
THIS DEED, made and entered into this 17th day of October, 2003 , by
and between ROBERT D. TAYLOR and wife, EMILY S. BLUNT TAYLOR, of New
Hanover County, North Carolina, parties of the first part; and WILLIAM J.
BRANCH, whose mailing address is 2501 Shandy Lane, Wilmington, NC 28409,
party of the second part;
W I T N E S S E T H:
That the said parties of the first part, in consideration of ONE
HUNDRED ($100 . 00) DOLLARS and other good and valuable considerations to
them in hand paid, the receipt of which is hereby acknowledged, have given,
granted, bargained and sold, and by these presents do give, grant, bargain,
sell and convey unto the said party of the second part, his heirs and
assigns, all those certain tracts, parcels or lots of land in New Hanover
County, North Carolina, bounded and described as follows, to-wit :
BEING all that property shown on a map entitled "MAP OF SURVEY FOR
DOUGLAS V. BLUNT EMILY S. BLUNT" prepared by Robert H. Goslee &
Associates and recorded in Map Book 27, Page 27, of the New Hanover
County Registry.
Together with an easement for ingress, egress and regress in, to,
through, over and upon the twelve foot wide private alley or roadway
marked "Access Easement" on the above map.
Also together with all property described in deeds recorded in Book
389, at Page 62, and in Book 389, at Page 63 , of the New Hanover
County Registry, not included in the foregoing description, if any.
Subject to ad valorem taxes for the year 2003, and any easements or
restrictions of record applicable to the above property.
Together with all and singular the lands, tenements, easements and

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THIS DEED, made and entered into this 17th day of October, 2003 , by
and between ROBERT D. TAYLOR and wife, EMILY S. BLUNT TAYLOR, of New
Hanover County, North Carolina, parties of the first part; and WILLIAM J.
BRANCH, whoseeiailing address is 2501 Shandy Lane, Wilmington, NC 28409,
party of the second part;
W I T N E S S E T H:
That the said parties of the first part, in consideration of ONE
HUNDRED ($100 . 00) DOLLARS and other good and valuable considerations to
them in hand paid, the receipt of which is hereby acknowledged, have given,
granted, bargained and sold, and by these presents do give, grant, bargain,
sell and convey unto the said party of ,the second part, his heirs and
assigns, all those certain tracts, parcels or lots of land in New Hanover
County, North Carolina, bounded and described as follows, to-wit :
BEING all that property shown on a map entitled "MAP OF SURVEY FOR
DOUGLAS V. BLUNT EMILY S. BLUNT" prepared by Robert H. Goslee &
Associates and recorded in Map Book 27, Page 27, of the New Hanover
County Registry.
Together with an easement for ingress, egress and regress in, to,
through, over and upon the twelve foot wide privat alley or roadway
marked "Access Easement" on the above map.
Also together with all property described in deeds recorded in Book
389, at Page 62, and in Book 389, at Page 63 , of the New Hanover
County Registry, not included in the foregoing description, if any.
Subject to ad valorem taxes for the year 2003, and any easements or
restrictions of record applicable to the above property.
Together with all and singular the lands, tenements, easements and
appurtenances thereunto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, together with all privileges and appurtenances
thereunto belonging, to the said party of the second part, his heirs and
assigns, forever.
And the said parties of the first part do covenant that they are
seized of said premises in fee and have the right to convey the same in fee
simple; that the same are free from encumbrances, except as stated above,
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and that they will WARRANT and DEFEND the said title to the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto
set their hands and seal as of the day and year first above written.
(SEAL)
ROBERT D. TAYLOR
r C (SEAL)
L S . BLUNT TAYLO&
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I 1LEs ( �1(C) a Notary Public of Qe'.-D —
County, North CTrolirra, do hereby certify that ROBERT D. TAYLOR and wife,
EMILY S . BLUNT TAYLOR personally appeared before me this day and
acknowledged the due execution of the foregoing instrument .
Witness my hand and notarial seal, this the day of October,
2003 .
Notary P bli
My commission expires
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