20221382 Ver 1_USACE Permit_20230125

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02193 County: Carteret U.S.G.S. Quad: NC-Harkers Island
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: William Biggs
Address: 1414 Stallings Road
Durham, NC 27703
Telephone Number: 919-596-0801
E-mail: brbiggs13@a,yahoo.com
Size (acres) —0.02-acre Nearest Town Harkers Island
Nearest Waterway Westmouth Bay River Basin Onslow Bay
USGS HUC 03020301 Coordinates Latitude: 34.702979
Longitude: -76.56666
Location description: The project site is located within open waters of a man-made basin/canal adjacent to 213 Johnson Street,
Harkers Island, Carteret County, North Carolina
Description of projects area and activity: This verification authorizes impacts to open waters associated with the construction of
a bulkhead and backfill. Permanent impacts total 836 square feet of open water within a 22'X38' area would be filled to a final
elevation of +5'.
Applicable Law(s): ❑X Section 404 (Clean Water Act, 33 USC 1344)
❑X Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: RGP 277
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 9/8/2022, the NC DCM bioreport 10/5/2022, and the enclosed plans "213 Johnson
Road/William Biggs pages 1-5" dated 9/26/2022. 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 Morehead City, 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 Liz Hair at 910-251-4049or sarah.e.hairna,usace.army.mil.
Corps Regulatory Official: c`'�' Date: 01/24/2023
Expiration Date of Verificatio12/31/2026

Enclosures:
RGP 277
Manatee Guidelines
Plans dated 9/26/2022
CAMA MAJOR permit no. 13-23
401 Certification dated 12/1/2022
Electronic copy furnished:
James Johner/Kari Taylor; Carteret Marine Services
Gregg Bodnar/Curt Weychert; NC DEQ-DCM
Holley Snider; NC DEQ- DWR

Action ID Number: SAW-2022-02193
Permittee: William Biggs
Project Name: Biggs basin fill
Date Verification Issued: 01/24/2023
Project Manager: Liz Hair
County: Carteret
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: Liz Hair
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]
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

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Ave.
Wilmington, North Carolina 28403-1343
http://www.saw.usace. army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198200277
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby renewed and modified by authority of the Secretary of the Army by the
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Ave.
Wilmington, North Carolina 28403-1343
TO AUTHORIZE WITHIN THE STATE OF NORTH CAROLINA, THE DREDGING AND
THE DISCHARGE OF DREDGED OR FILL MATERIAL INCLUDING THE
CONSTRUCTION, BACKFILLING AND MAINTENANCE OF BULKHEADS AND RIPRAP
WITHIN MANMADE BASINS AND CANALS LOCATED ENTIRELY IN UPLANDS AND
TO AUTHORIZE MAINTENANCE DREDGING OF DITCHES, BASINS, CANALS AND
CHANNELS IN OPEN WATER AREAS, WHERE ALL EXCAVATED MATERIAL IS
PLACED AND RETAINED ENTIRELY ON HIGH GROUND.
Special Conditions
a. Any excavation authorized by this RGP, new or maintenance, may involve no more
than 1,000 cubic yards of material as part of a single and complete project.
b. This RGP does not authorize the excavation of or discharge of fill into Department of
the Army jurisdictional wetlands, seagrasses, or other submerged aquatic vegetation. Excavation
near wetlands must allow for an adequate buffer (not less than 10 feet) between the excavated
area and the wetlands to avoid erosion of the wetlands.
c. Bulkhead and riprap placement must not exceed an average of 5 feet nor a maximum
10 feet waterward of the mean high water mark (MHWM) in tidal waters or the ordinary high
water mark (OHWM) or ordinary high water elevation contour in non -tidal waters.

d. This RGP does not authorize the placement of bulkheads or riprap material
waterward of jurisdictional wetlands, seagrasses, or other SAV's.
e. All excavated material must be placed and retained entirely on high ground landward
of the Corps of Engineers' (Corps) regulatory jurisdiction and must be retained and stabilized to
prevent any material from reentering jurisdictional areas.
f. This RGP does not authorize the excavation or discharge of material which contains
toxic pollutants in toxic amounts as identified pursuant to Clean Water Act Section 307. Prior to
commencing work the Permittee must review all existing and readily available information to
ensure, to the extent practicable, that such pollutants are not present.
g. Maintenance excavation must not exceed the original dimensions as defined by the
original permit or as clearly shown or otherwise defined by existing conditions of the ditches,
basins, canals, or channels. Maintenance excavation is allowed only for facilities that are
currently serviceable.
h. The excavation depth in inland canals or basins, located entirely in high ground, is
limited to the shallower of the depth of the connecting canals/channels or six (6) feet below mean
or ordinary low water.
i. No excavation or filling may occur during applicable moratorium times as
designated by the North Carolina Division of Coastal Management (NCDCM) or the North
Carolina Wildlife Resources Commission (NCWRC) for protection of fish and/or shellfish,
unless the work is approved or allowed by the NCDCM or NCWRC.
j. This RGP does not authorize excavation or filling in any area designated by the
North Carolina Division of Marine Fisheries and/or the North Carolina Wildlife Resources
Commission as primary nursery area or prime shellfish area.
k. Return water from upland, contained disposal areas must comply with the temius and
conditions of the applicable Clean Water Act Section 401 Water Quality Certifications for this
RGP and NWP 16 issued by the North Carolina Division of Water Resources.
1. Should all or part of a proposed development activity be located in an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal Resources
Commission, a Coastal Area Management Act (CAMA) permit is required from the North
Carolina Division of Coastal Management before the onset of the proposed activity. Should a
Federal activity within any of North Carolina's twenty coastal counties or which could affect a
coastal use or resource in any of North Carolina's twenty coastal counties be proposed by a
Federal agency, a consistency deteiniination pursuant to Subpart "C" of 15 CFR 930 must be
prepared and submitted by that Federal agency to the North Carolina Division of Coastal
Management before the onset of the proposed activity.
m. Activities in any mountain trout waters must comply with all pH, temperature and

turbidity criteria established for such waters by the North Carolina Wildlife Resources
Commission and/or the North Carolina Division of Water Resources. Work that may result in
the sedimentation of trout waters will generally be prohibited from November 1 to April 15, of
any year, to avoid impacts on trout spawning.
n. Permittees shall obtain a letter of approval from the North Carolina Wildlife
Resources Commission and furnish a copy of the letter to the Wilmington District Corps of
Engineers (Corps), prior to discharging dredged or fill material into waters of the U.S., including
wetlands, in the 294 designated watersheds of North Carolina that contain trout waters. To
obtain this approval, applicants should contact:
NCWRC Contact
Counties that are entirely
within Trout Watersheds
Counties that are partially
within Trout Watersheds*
Mountain Coordinator
Alleghany
Jackson
Burke
McDowell
Balsam Depot
Ashe
Macon
Buncombe
Mitchell
20830 Great Smoky Mountain
Avery
Swain
Caldwell
Polk
Expressway
Graham
Transylvania
Cherokee
Rutherford
Waynesville, NC 28786
Haywood
Watauga
Clay
Surry
Telephone: [phone]
Henderson
Wilkes
For DOT Projects:
Madison
Yancey
NCDOT Coordinator
206 Charter Street
Albemarle, NC 28001
Telephone: [phone]
*NOTE: To determine notification requirements, contact the Corps Asheville Regulatory Field Office at
[phone] or view maps for each County at the following World Wide Web page:
http://www. saw. usace.army. mil/Missions/Regulatory-Perm it-Program/Agency-Coordination/Trout/
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the District Engineer,
Wilmington District. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
submit the information described in General Condition "z" to the Corps and obtain approval
from the Corps prior to the construction of any structures within the Federally Authorized
Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands,
at any time in the construction or maintenance of this project. This RGP does not authorize
temporary placement or double handling of excavated or fill material within waters or wetlands
outside the permitted area. This prohibition applies to all borrow and fill activities connected

with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. The Pell iiittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the US require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the
opinion of the Secretary of the Army or his/her authorized representative, said structure or work
shall cause unreasonable obstruction to the free navigation of the navigable waters, the Permittee
will be required, upon due notice from the Corps, to remove, relocate, or alter the structural work
or obstructions caused thereby, without expense to the US. No claim shall be made against the US
on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the RGP for the verified
individual activity, may apply for an individual permit, or will, without expense to the US and in
such time and manner as the Secretary of the Army or his/her authorized representative may
direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority. The Permittee must submit the information described in General
Condition "z" and obtain approval from the Wilmington District Engineer prior to the initiation
of any activity that has the potential to modify or conflict with a federally authorized project.

j. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging, or other work within
the right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted
or unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or
future activities undertaken by or on behalf of the US in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities
or structures caused by the activity authorized by this RGP.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in
whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this RGP shall be
five (5) years unless subject to modification, suspension, or revocation. Any modification,
suspension or revocation of this authorization will not be the basis for any claim for damages
against the US Government.
q. No activity may occur in a component of the National Wild and Scenic River System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the

system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Peiinittees may not begin work until they provide the Corps with a written certification from the
Depai lment of Commerce.
s. In cases where the District Engineer determines that the activity may affect properties
listed, or eligible for listing, in the National Register of Historic Places and its codified
regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees must submit the information
described in General Condition "z" to the Corps if any properties subject to the above criteria
might be affected by the proposed project. The Permittee may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the District Engineer of what you have found, and to the maximum extent practicable,
avoid construction activities that may affect the remains and artifacts until the required
coordination has been completed. The District Engineer will initiate the Federal, tribal, and state
coordination required to determine if the items or remains warrant a recovery effort or if the site
is eligible for listing in the National Register of Historic Places.
u. No activity is authorized under this RGP which is likely to jeopardize the continued
existence of a threatened or endangered species directly or indirectly or a species proposed for
such designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under any RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed*.
Information on threatened and endangered species and their critical habitat can be obtained
directly from the Corps field offices, the USFWS field offices or at the following web addresses:
http://www.fws.gov/ or http://www.fws.gov/ipac/ or http://www.noaa.gov/fisheries.html.
Permittees must submit the information described in General Condition "z" to the Corps if any
6

listed species or designated critical habitat may be affected by the proposed project. Permittees
may not begin work until notified by the Wilmington District Engineer that the requirements of
the ESA have been satisfied and that the activity is authorized.
*Note - Section 7 consultation has been completed for the West Indian Manatee and if
the activity might affect the manatee, the Permittee does not have to submit the information in
General Condition "z" to the District Engineer as long the Permittee complies with General
Condition "v". Section 7 consultation has been completed for the Northern long-eared bat and
the Permittee must submit the information described in General Condition "z" to the District
Engineer prior to commencing the activity if the project meets the criteria in General Condition
«w,,
v. In order to further protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines2017.pdf
w. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted with
the US Fish and Wildlife Service (Service) in regard to the threatened Northern long-eared bat
(NLEB) (Myotis septentrionalis) and Standard Local Operating Procedures for Endangered
Species (SLOPES) have been approved by the Corps and the Service. This condition concerns
effects to the NLEB only and does not address effects to other federally listed species and/or to
federally -designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• the project is located in the western 41 counties of North Carolina, to include
non-federal aid North Carolina Department of Transportation (NCDOT) projects,
OR;
• the project is located in the 59 eastern counties of North Carolina and is a non-
NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the project is
not being funded by a federal entity, the Corps will be the lead federal agency due to the
requirement to obtain Department of the Army authorization to impact waters of the U.S. If the
project is located on federal land, contact the Corps to determine the lead federal agency.
(1) A Permittee using a Nationwide Permit (NWP) or a Regional RGP (RGP) must check
to see if their project is located in the range of the NLEB by using the following website:
http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf. If the project
is within the range of the NLEB, or if the project includes percussive activities (e.g.,
blasting, pile driving, etc.), the Permittee is then required to check the appropriate website

in the paragraph below to discover if their project:
• is located in a 12-digit Hydrologic Unit Code area ("red HUC" - shown as red
areas on the map), AND/OR;
• involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps - for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html. For the eastern 59
counties in NC (covered by the Raleigh Ecological Services Field Office), check the project
location against the electronic maps found at: https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre -construction notification (PCN) to the district engineer,
and receive written authorization from the district engineer, prior to commencing the
activity, if the activity will involve either of the following:
• tree clearing/removal, construction/installation of wind turbines in a red HUC,
AND/OR;
• bridge removal or maintenance, unless the bridge has been inspected and there
is no evidence of bat use, (applies anywhere in the range of the NLEB), AND/OR:
• percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Peiinittee may proceed with the activity without submitting a PCN to either the Corps
or the USFWS, provided the activity complies with all applicable NWP terms and general
and regional conditions, or all applicable RGP terms and general and special conditions,
and if the Peiinittee's review under A.(1) and A.(2) above shows that the project is:
• located outside of a red HUC (and there are no percussive activities), and the
activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
• located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary, and
the activity will NOT include bridge removal or maintenance, unless the bridge has
been inspected and there is no evidence of bat use, OR;
• located in a red HUC, but the activity will NOT include tree clearing/removal;
construction/installation of wind turbines; bridge removal or maintenance, unless
the bridge has been inspected and there is no evidence of bat use, and/or; any
percussive activities.
B. Procedures when the Corps is not the lead federal agency:
8

For projects where another federal agency is the lead federal agency - if that other federal agency
has completed project -specific ESA Section 7(a)(2) consultation for the NLEB, and has (1)
determined that the project would not cause prohibited incidental take of the NLEB, and (2)
completed coordination/consultation that is required by the Service (per the directions on the
respective Service office's website), that project may proceed without notification to either the
Corps or the Service, provided all General and Regional Permit Conditions (for NWPs), or RGP
general and special conditions (for RGPs) are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide Web
Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/. Permittees who do not have internet access may contact the Corps at (910)
251- 4633.
x. The Wilmington District, USFWS, NCDOT, and the FHWA have conducted
programmatic Section 7(a)(2) consultation for a number of federally listed species and habitat,
and programmatic consultation concerning other federally listed species and/or habitat may
occur in the future. The result of completed programmatic consultation is a Programmatic
Biological Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and
conditions to implement the reasonable and prudent measures that are associated with "incidental
take" of whichever species or critical habitat is covered by a specific PBO. Authorization under
this RGP is conditional upon the permittee's compliance with all the mandatory terms and
conditions associated with incidental take of the applicable PBO (or PBOs), which are
incorporated by reference in this RGP. Failure to comply with the terms and conditions
associated with incidental take of an applicable PBO, where a take of the federally listed species
occurs, would constitute an unauthorized take by the permittee, and would also constitute
permittee non-compliance with the authorization under this RGP. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements in any
RGP verification that may be issued for a project. The USFWS is the appropriate authority to
determine compliance with the terms and conditions of its PBO, and with the ESA. All PBOs
can be found on our website at: https://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Pro gram/Agency-C oordination/ESA/
y. If the Permittee discovers or observes any live, damaged, injured, or dead individual
of an endangered or threatened species during construction, the Permittee shall immediately
notify the Wilmington District Engineer so that required coordination can be initiated with the
U.S. Fish and Wildlife Service and/or National Marine Fisheries Service.
z. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory Field
Office. You may apply online at https://edocs.deq.nc.gov/Forms/Pre-
Construction Notification Form
1. Name, address, email and/or telephone number of the prospective Permittee.
9

2. Location of the proposed project, including waterbody, nearest community, and
county.
3. A detailed description of the proposed project, including applicable project details
such as width, height, length of structures or fills, piling span, distance from the
shoreline, type of materials, location of structure(s), and the amount of proposed
impact to waters and/or wetlands. The description should be sufficiently detailed
to allow the District Engineer to determine that the adverse effect of the project
will be minimal and to determine the need for compensatory mitigation. Project
drawings should be provided when necessary to show that the activity complies
with the terms of the RGP. (Drawings usually clarify the project and when
provided results in a quicker decision. Drawings should contain sufficient detail
to provide an illustrative description of the proposed activity (e.g., a conceptual
plan), but do not need to be detailed engineering plans).
aa. Peiinittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
bb. 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 Coast Guard Sector North Carolina at (910)
772-2191 or email Coast Guard Fifth District at [e-mail].
cc. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
infonn any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
dd. At his sole discretion, any time during the processing cycle, the Wilmington District
Engineer may determine that this RGP will not be applicable to a specific proposal. In such
case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be
available.
ee. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities. Metal products, organic materials
(including debris from land clearing activities), or unsightly debris will not be used.
ff. Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
10

gg. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
7 �
eenjJami . Be ett
Colonel, U.S. Army
District Commander
11

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is
a Federally -listed endangered aquatic mammal protected under the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the Marine Mammal Protection Act
of 1972, as amended (16 U.S.0 1461 et seq.). The manatee is also listed as endangered
under the North Carolina Endangered Species Act of 1987 (Article 25 of Chapter 113 of
the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead Federal
agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some
individuals have been recorded at lengths greater than 13 feet and weighing as much as
3,500 pounds. Manatees are commonly found in fresh, brackish, or marine water habitats,
including shallow coastal bays, lagoons, estuaries, and inland rivers of varying salinity
extremes. Manatees spend much of their time underwater or partly submerged, making
them difficult to detect even in shallow water. While the manatee's principal stronghold in
the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service's Raleigh Field Office has prepared
precautionary measures for general construction activities in waters used by the species.
Implementation of these measure will allow in -water projects which do not require blasting
to proceed without adverse impacts to manatees. In addition, inclusion of these guidelines
as conservation measures in a Biological Assessment or Biological Evaluation, or as part
of the determination of impacts on the manatee in an environmental document prepared
pursuant to the National Environmental Policy Act, will expedite the Service's review of the
document for the fulfillment of requirements under Section 7 of the Endangered Species
Act. These measures include:
1. The project manager and/or contractor will inform all personnel associated with the
project that manatees may be present in the project area, and the need to avoid any harm
to these endangered mammals. The project manager will ensure that all construction
personnel know the general appearance of the species and their habit of moving about
completely or partially submerged in shallow water. All construction personnel will be
informed that they are responsible for observing water -related activities for the presence
of manatees.
2. The project manager and/or the contractor will advise all construction personnel that

there are civil and criminal penalties for harming, harassing, or killing manatees which are
protected under the Marine Mammal Protection Act and the Endangered Species Act.
3. If a manatee is seen within 100 yards of the active construction and/or dredging
operation or vessel movement, all appropriate precautions will be implemented to ensure
protection of the manatee. These precautions will include the immediate shutdown of
moving equipment if a manatee comes within 50 feet of the operational area of the
equipment. Activities will not resume until the manatee has departed the project area on
its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report
must be made to the U.S. Fish and Wildlife Service (ph. 919.856.4520 ext. 16), the
National Marine Fisheries Service (ph. 252.728.8762), and the North Carolina Wildlife
Resources Commission (ph. 252.448.1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible
to the vessel operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer
months, primarily from June through October. Idle speed is required if operating
this vessel in shallow water during these months. All equipment must be shut down
if a manatee comes within 50 feet of the vessel or operating equipment. A collision
with and/or injury to the manatee must be reported immediately to the U.S. Fish and
Wildlife Service (919-856-4520 ext. 16), the National Marine Fisheries Service
(252.728.8762), and the North Carolina Wildlife Resources Commission
(252.448.1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to
manatees during project activities. Upon completion of the action, the project manager will
prepare a report which summarizes all information on manatees encountered and submit
the report to the Service's Raleigh Field Office.
7. All vessels associated with the construction project will operate at "no wake/idle" speeds
at all times while in water where the draft of the vessel provides less than a four foot
clearance from the bottom. All vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of
material in which manatees cannot become entangled; (b) secured in a manner that they
cannot break free and entangle manatees; and, (c) regularly monitored to ensure that
manatees have not become entangled. Barriers will be placed in a manner to allow
manatees entry to or exit from essential habitat.
Prepared by (rev. 06/2003):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but
in the dark and muddy waters of coastal North Carolina, one normally sees only a small
part of the head when the manatee raises its nose to breathe.
Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I.
A re-evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-
3. North Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

Carteret County, N . C .
August 17, 2022
The hformation displayed by this website is prepared for the iventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and other public records and data. Users of this hformation are hereby notified that the aforementioned public primary
reformation sources should be consulted for verification of the reformation contained on this site. Carteret County assumes no legal responsibiity for the information contained on this site. Carteret County does not guarantee that the data and map services wil be available to users without
hterruption or error. Furthermore, Carteret County may modify or remove map services and access methods at will.

Carteret County, N.C.°
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The information displayed by this website is prepared for the r+ventory of real property found within this jurisdiction and is compiled from recorded deeds, plats, and other public records and data. Users of this hformation are hereby notified that the aforementioned public primary
hformation sources should be consulted for verification of the hformation contained on this site. Carteret County assumes no legal responsibiity for the information contained on this site. Carteret County does not guarantee that the data and map services wil be available to users without
hterruption or error. Furthermore, Carteret County may modify or remove map services and access methods at will.

Division of Coastal Management
8/17/2022, 12:25:22 PM
Shorelines - Estuarine (hardened) Wetlands
- Boat Ramp
- Vertical Structure - Bulkhead
Other
Managed Pineland
Cutover
Cleared Hardwood Flat
Depressional Swamp Forest Drained
Pine Flat Freshwater Marsh
Bottomland Hardwood Salt/Brackish Marsh
1:4,514
0 0.03 0.06
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0 0.05 0.1
0.12 mi
II
0.2 km
Esri Community Maps Contributors, Carteret County, State of North Carolina
DOT, © OpenStreetMap, Microsoft, Esri, HERE, Garmin, SafeGraph,
GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, US Census Bureau,
USDA, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/
NC Department of Environmental Quality
2017

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information sources should be consulted for verification of the hformation contained on this site. Carteret County assumes no legal responsibiity for the information contained on this site. Carteret County does not guarantee that the data and map services wil be available to users without
interruption or error. Furthermore, Carteret County may modify or remove map services and access methods at will.

6x6 WALER
9
Et)
TW-25 Vinyl
Sheet Pile
1 2'-0"
3/4" Tie
Back
Dead Man 8' OC
33'
4
SLOPE
New Grade
CROSS SECTION

INSTALL 22' VINYL
BULKHEAD ACROSS
OPENING OF BOAT
BASIN AND BACKFILL
WITH LOCAL FILL.
TOTAL AREA TO BE
BACKFILLED 22X38'x5'
RESULTING IN 155 CY
TO BE FILLED. Existing
elevation is -1.00' at MHW.
PROPOSED ELEVATION
TO BE +5_00 Sounding
were obtained on site to
determine depths
30' AEC
7v' AEC
AugU.9t 17, 2012
Carteret County N.C.
WEST -MOUTH
BULKHEA",
LOCATION SHOWN
IN GREEN
EXISTING BULKHEAD
REPRESENTS NHM
and NLW
213 JOHNSON
ROAD
APPLICANT:
WILLIAM BIGGS
9/26/2022
PAGE 2of5
SCALE - 1"=30'
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Division of Coastal Management
811772022, 12:25:22 PM
Shorelines - Estuarine {hardened} Wetlands
Boat Ramp
Other
Vertical Structure- Bulkhead FMlanaged Pineland
Cutover
Cleared Hardwood Flat
Depressional Swamp Forest Drained
Pine Flat Freshwater Marsh
Bottamland Hardihood Salt/Brackish Marsh
213 JOHNSON
ROAD
AP PUCANT:
',fi/ELLIAM BIGGS
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2`7'.7

CROSS SECTION
m0 ,
APPLICANT.
VILUALI RIK
PAX S

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ry
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•
Carteret County/ N.C.:.
213 JOHNSON
ROAD
APPLICANT:
WILLIAM BIGGS
E / 16/2O22
PAGE 1 of 5
SCALE -VICINITY
MAP
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•
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.
VICINITY OF WORK
TO BE COMPLETED
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August 17, 2022
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Permit Class
NEW
Permit Number
13-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
crmit
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 Biggs Family Partnership, 1414 Stallings Rd., Durham, NC 27703
Authorizing development in Carteret County at adj. to Westmouth Bay, at 213 Johnson Rd.,
in Harkers Island , as requested in the permittee's application dated 7/29/22 (MP-1) and 9/8/22
(MP-2), including attached workplan drawings (5), Page 1 of 5 dated 8/16/22 and Pages 2-5 all dated 9/26/22.
This permit, issued on January 20, 2023 , 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.
Shoreline Stabilization — Bulkhead with Basin Fill
1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached
workplan drawings.
2) No vegetated wetlands shall be excavated or filled, even temporarily.
3) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead
alignment.
4) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start
of construction.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
January 20, 2028
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Biggs Family Partnership Permit No. 13-23
Page 2 of 3
ADDITIONAL CONDITIONS
5) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
6) The bulkhead shall be constructed prior to any backfilling activities.
7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
8) This permit does not authorize any excavation waterward of the approved alignment.
9) The fill material shall be clean and free of any pollutants except in trace quantities.
10) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
11) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
12) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
13) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
15) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
16) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
17) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

Biggs Family Partnership Permit No. 13-23
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 005414 and assigned the project DWR Project No. 2022-1382.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DocuSign Envelope ID: Cl3D25D8-5456-42D7-8D26-5F2338594DE3
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
December 1, 2022
DWR # 20221382
Carteret County
William Biggs
1414 Stallings Road
Durham, NC 27703
Subject: Approval of Individual 401 Water Quality Certification
213 Johnson Road, Harkers Island
Dear Mr. Biggs:
Attached hereto is a copy of Certification No. WQC005414 issued to William Biggs, dated December 1,
2022. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
GDE
NORTH CAROLINA
Do 1m d ofEminonmenlil Ooa;Ns.4010".."
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. I Wilmington, North Carolink. 28405
910.796.7215

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 2 of 10
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-264-3285 or [e-mail] if you have any
questions or concerns.
Electronic cc:
Sincerely, ,—DocuSigned by:
tkordia, Sat&tkv)—Lit4
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
James Johner, consultant
Sarah Hair, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
D_E
NORTH CAROLINA ��`��`
DeparLnAnl of E Mn nmuntal flual
Filename: 20221382_Biggs_213 Johnson Rd_IWQC_CartCo_Dec.22
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 3 of 10
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005414 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to William Biggs who has authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on October
5, 2022, and by Public Notice issued by the Division of Coastal Management on October 12, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units) Permanent
Plan Location or Reference
Open Water
Boat Basin Fill
0.019 acres (836 sq. ft.)
Project Narrative And
Pages 1 thru 5
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. All bulkhead backfill material shall be obtained from a high ground source and confined
landward of the permitted bulkhead.
Citation: 15A NCAC 02H .0501 and .0502 and 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state's antidegradation policy), the Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.
2. All bulkhead backfill will consist of clean, earthen material free of any pollutants except in trace
quantities. Metal products, organic materials, rock, concrete, bricks, or other non -earthen
debris shall not be used.
Citation: 15A NCAC 02H .0506 (b)(1)-(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. In determining that the proposed activity
will comply with state water quality standards (including designated uses, numeric criteria,
narrative criteria and the state's antidegradation policy), the Division must evaluate if the
NORTH CAROLINA ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 4 of 10
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards or would result in secondary or cumulative impacts.
3. Concrete construction materials used for bulkhead components, such as deadman anchors, tie-
back systems and concrete caps, shall be managed in a manner that prevents contact with
waters of the State. A dry work area shall be maintained to prevent direct contact between
curing concrete and adjacent surface water. Water that inadvertently contacts uncured
concrete shall not be discharged to surface waters due to the potential for elevated pH and
possible aquatic life and fish kills. Any water that contacts uncured concrete shall be captured,
treated, and disposed of properly.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and
the water quality to protect such uses, are protected. Activities must not cause water pollution
that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious
substances, or other material shall not be present in amounts that cause adverse impacts on
existing wetland uses.
4. MORATORIUMS
If such activities should take place during periods of high biological activity (e.g. anadromous
species and shorebirds), biological monitoring may be required at the request of other state and
federal agencies and coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best usage
of receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
5. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (I) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not
be increased.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 5 of 10
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 6 of 10
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 15A NCAC 026
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
9. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02E3.0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 7 of 10
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02E3.0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 8 of 10
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
13. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02E3 .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
14. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
15. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02E3 .0201
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 9 of 10
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
16. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
17. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
18. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
NORTH CAROLINP. ��`1
ueprlmenl of BMrunm9nfal Owl
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: C13D25D8-5456-42D7-8D26-5F2338594DE3
William Biggs
DWR# 20221382
Individual Certification #WQC005414
Page 10 of 10
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
19. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
20. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
MSK/hs
NORTH CAROLINP. ��`��1
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This, the 1st day of December 2022
1- DocuSigned by:
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Morella Sanchez -King
Regional Operations Supervisor
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000