20210335 Ver 1_USACE Permit_20210521

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2021-00182 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Raber Investments, LLC
Attn: David Sweyer
Address: 1612 Military Cutoff Rd.
Wilmington, NC 28403
Telephone Number:

Size (acres) Nearest Town Wrightsville Beach
Nearest Waterway Lee’s Cut River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.2177
Longitude: -77.8038

Location description: The site is located in Waters adjacent to Lee’s Cut at 74 Pelican Drive in Wrightsville Beach, New
Hanover County, NC.

Description of project area and activity: The proposal is to construct a new 4-slip docking facility with a covered gazebo, floating
docks, and boat lifts. The existing docking facility will be removed. The new docking facility will include a 3' by 6' access from
the existing bulkhead leading to a 18' by 17' gazebo. A second access, via ramp, will be located east of the gazebo and will
extend from the bulkhead to a 6' by 12' floating dock positioned perpendicular to the shoreline. Attached to the end of the 6'
by 12' floating dock will be an 8' by 26' floating platform that will extend waterward of the gazebo and parallel to the
shoreline. Two finger piers measuring 4' by 24' will extend waterward in a perpendicular position extending from each end of
the 8' by 26' floating platform. A 17' by 13' boatlift will be installed on the outer west side of one of the 4' by 24' finger piers. A
second boatlift measuring 14' by 13' will be installed on the outer east side of the other 4' by 24' finger pier. The proposed
docking facility will extend approximately 56' from the bulkhead. The docking facility will cover and shade 778 square feet of
estuarine Waters of the US.

Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North
Carolina Division of Coastal Management (DCM) prior to commencing any work on this project.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number: 197800056

Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant
must implement the U.S. Fish and Wildlife Service’s Manatee Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached drawings dated January 15 and 18, 2021. Any violation of the
attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration
order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed

within twelve months of the date of the nationwide and/or regional general permit’s expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Gregory Currey at [phone] or at [e-mail].

Corps Regulatory Official: ___________________________ Date: May 21, 2021
Expiration Date of Verification: December 31, 2021

A. Determination of Jurisdiction:

1. There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.

2. There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.

3. There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.

4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.

5. The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW- .

B. Basis For Jurisdictional Determination:

C. Remarks:

D. Attention USDA Program Participants

This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.

E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).

If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:

US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by _______.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.

Corps Regulatory Official: ______________________________________________________
Gregory Currey

Date of JD: Expiration Date of JD:

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

Copy furnished:

DANIEL SHIRLEY (OVERBECK MARINE CONSTRUCTION)
Katharine Elks (NC DCM)
Curt Weychert (NC DCM)
Gregg Bodnar (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2021-00182 County: New Hanover County

Permittee: David Sweyer
Raber Investments

Project Name: 74 Pelican Drive/Raber Investments, LLC.

Date Verification Issued: May 21, 2021

Project Manager: Gregory Currey

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date