10-03 Minor Mod 04/2003

Permit Class Permit Number
MODIFICATION/MINOR 10-03
STATE OF NORTH CAROLINA
IVEDDepartment of Environment and Natural Resources R�CE and r,7
Coastal Resources Commissi nr'`
MAY 1 5W. 2003 er „_
OF MANAGEMENT
� RRATIE cam+
for '
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Barker,Holmes,Daniel,Sherrill,Miller&Griffin,do Ben Barker,8620 Bald Eagle Lane,Wilmington,NC 28411
Authorizing development in New Hanover County at adj. manmade canal off Middle Sound, at
8605 thru 8628 Bald Eagle Lane , as requested in the permittee's application dated letter dated 3/25/03.
including attached the workplan drawing (1), Plat B dated revised 2/2/03.
This permit, issued on April 21,2003 , 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.
1) This minor modification authorizes the relocation of the northern channel to the AIWW northward ± 50
feet, as well as the excavation of an additional 25 foot wide arc along the eastern border in front of the
Daniel, Barker and Sherrill lots, as stated in the 3/25/03 letter and as depicted on the attached workplan
drawing.
2) This permit does not authorize the relocation of existing docking facilities or the construction of any
new docking structures. These activities may require a modification of this permit or some other
authorization from the Division of Coastal Management. Contact a representative of the Division at
[phone] prior to the commencement of any such activity for this determination.
3) This minor modification must be attached to the original of Permit No. 10-03, which was issued on
1/14/03, and both documents must be readily available on site when a Division representative inspects
the project for compliance. All conditions and stipulations of the active permit remain in force under
this modification.
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. V /
„� na D. Moffitt,Director
Any maintenance work or project modification not covered Division 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.
L
ember 31,2006
suing this permit, the State of North Carolina agreesur project is consistent with the North Carolina Coastal
ement Program. Signature of Permittee

Permit#
DCM Coordinator:
MAILING DISTRIBUTION:
Permitee: Grp w�
Agent: iti� '7��YC�rt,/� /�
DCM Field Offices:
Eli beth ty
Mor e City
Washi on
Wil mb on
US Army Corps of Engineers (USACE):
Washington: e Bell CDOT)
Bill ecome(NCDOT)
Ral ' h and
Wilmington: D T)
Henry Wicker
Others:
C Renee Gledhill-Early
lth: Beverly Sanders
mftrine Fisheries* Mike Street
XtMrOT: Roberto Canales
Shellfish Sanitation: Gina Brooks
S e: Joseph Henderson
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FAXING DISTRIBUTION:
Permitee at 270 li f-6 A ?d/
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DCM Field Offices:
Elizabeth-Gety
Morehead City
Vlhasiiiagt
Wilmington
US Army Corps of Engineers (USACE):
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Bill BA81808FRO l OT)
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Wilmington:
Henry Wicker

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
. P.O.BOX 1890
- WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
June 11, 2003
JUL n 7 2003
Regulatory Division 60F AL
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Action ID No. 200300186 and State Permit No. 10-03
Barker, Holmes, Daniel, Sherrill, Miller & Griffin
C/o Ben Barker
8620 Bald Eagle Lane
Wilmington, North Carolina 28411
Dear Madams or Sirs:
Reference your application for a Department of the Army permit to authorize the
maintenance dredging of the small channel to the Atlantic Intracoastal Waterway (AIWW)
adjacent to your property located between 8605 and 8628 Bald Eagle Lane, in the Porter's Neck
area in New Hanover County,North Carolina. Also, reference your subsequent modification
request to relocate the northern channel to the AIWW northward approximately 50 feet and the
excavation of an additional 25 feet wide arc along the eastern border in front of the Daniel,
Barker and Sherrill lots.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
Failure to comply with the State authorization or conditions of the general 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.

f
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney Mr. Ron Sechler
Division of Environmental Management National Marine Fisheries Service
North Carolina Department of Environment Pivers Island
and Natural Resources Beaufort, North Carolina 28516
1650 Mail Service Center
Raleigh,North Carolina 27699-1650 Mr. David Rackley
NMFS,Habitat Conservation Division
Mr. Ronald J. Mikulak, Chief 219 Fort Johnson Road
Wetlands Section -Region IV Charleston, South Carolina 29412-9110
Water Management Division
U.S. Environmental Protection Agency Mr: Jim Gregson,District Manager
Wilmington Regional Office
61 Forsyth Street, SW
North Carolina Division of Coastal Management
Atlanta, Georgia 30303
127 Cardinal Drive Extension
\JMr. Doug Huggett Wilmington,North Carolina 28405-3845
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh,North Carolina 27699-1638
Mr. Garland B.Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh,North Carolina 27636-3726
2

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary
0 �3
MEMORANDUM
FECEIVE .,
TO: Doug Huggett
DCM - Major Permits APR 0 9 rUU i
19�- DN OF�DASTALMANQEMEN
FROM: Jason Dail WEN
DCM - Wilr4ington
THRU: Jim Gregs4�
RE: Minor Modification, Permit#10-03
Ben Barker, Holmes, Daniel, Sherrill, Miller and Griffith
DATE: April 7, 2003
The permittee's are requesting a Minor Modification to their Major CAMA Permit 410-03. The modification
requested by the permittee is the relocation of the northern channel to the Atlantic Intracoastal Water Way
northward,approximately 50 feet from it's original location.According to the permittee's request,the northern most
property has been sold, and the new owner(Holmes)wishes to construct a pier and floating dock and have access
to the facilities via the additional dredging in the channel.
The permittee is also requesting that they be allowed to dredge an additional 25 foot wide arc along the eastern
border(in the mid section)of the channel for navigational purposes.Encroaching vegetation and setback restrictions
will likely cause the property owners (Barker and Sherrill) to relocate the existing floating docks eastward of the
existing piers. In order to eliminate the relocation of these existing docks, and still maintain adequate navigational
access, the property owners are requesting this minor modification for the removal of 900 additional cubic yards
of dredged material via bucket to barge. The permittee has indicated that the additional dredged material will be
disposed of at the same spoil island as the original material.
The Wilmington Office has no objection to this modification request. The existing permit conditions will have to
be changed to reflect the changes in the nature of the project.
Thank you for this opportunity to comment.
s:\cama\j ason\benbarker.mod.apr.03
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

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BEN D BARKER ��OFCO W
8620 BALD EAGLE LANE
WILMINGTON NC 28411
March 25,2003
Mr. Ed Brooks/Mr. Jason Dail
NC Department of Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,NC 28405 Re: Permit#10-03
Revision Request
Gentlemen:
On behalf of the Major Permit#10-03 holders Barker,Holmes,Daniel, Sherrill,Miller&
Griffith for maintenance dredging of a channel along the AICWW, I am hereby requesting
two modifications in the Permit to enable appropriate future use of the channel.
1) Reposition the northern"exit"channel to the AICWW northward to run 50 feet from
and parallel to the north riparian line A different property owner was on this site when this project
was initially undertaken. The new owner(Holmes)wishes to build a boat dock and this
modification will provide adequate depth and access to the channel for these purposes.
2) Create a bow or arc along the eastern border of the channel facing the Daniel-Barker-Sherrill
segment of the project, widening the channel by 25 feet at the greatest depth of the arc.
Encroaching vegetation and setback restrictions will require Barker and Sherrill to relocate
floating docks eastward of existing piers. This modification will permit these changes without
interfering with future navigation in the channel.
These proposals are illustrated on the enclosed plats with the property owners identified. Plat A
represents the currently approved permit contours. Plat B represents the requested modifications.
Thank you for your attention to these matters. Please contact me if you have Questions(686-7152).
Sincerely,
Ben D. Barker, et.al.
Cc: Property Owners
Enclosure: Check-Processing fee-$100.00
Plats of project(2)