20181591 Ver 1_USACE Permit_20220808

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-02186 County: New Hanover County U.S.G.S. Quad: Wrightsville
Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Dustin Gross & Dudley Shaw
Address: 417 Bradley Creek Point Road
Wilmington, NC 28403
Size (acres) Nearest Town Wilmington
Nearest Waterway Bradley Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.2109746866163; Longitude: -77.8240595892058
Location description: The site is located at 409-417 Bradley Creek Point Road, in waters of
Bradley Creek in Wilmington, New Hanover County, NC.
Description of project area and activity: This verification authorizes excavation within an existing
access channel and basin within Bradley Creek. The dredge method is bucket to barge and
will remove approximately 200 cubic yards of material from a 1,885 square foot area. Spoil
materials will be disposed on the Agnes Beane site (Parcel ID No. R06300-002-001-000). The
requested maintenance dredging footprint associated with this access channel is 490 feet
long X 40 feet wide, to a final depth of -4.0 NLW.
Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 35
SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated October 12, 2018. 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 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at [phone] or
Gregory.E.Currey(a)usace.army.mil.
GGre Digitally signed by
regory Gregory Currey
Currey Date: 2022.08.08
Corps Regulatory Official: 17:45:32 040o Date: August 8, 2022
Expiration Date of Verification: March 14, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/
Copies furnished by email:
Greg Finch (Davey Resources)
Cameron Luck (NC DCM)
Holley Snider (NC DCM)

Special Conditions
1. Prior to future maintenance dredge events, which require disposal of dredge material on
private spoil disposal areas, which may require the contractor to cross a Corps easement,
the permittee shall provide a copy of a valid Consent to Cross Government Easement in
accordance with Regional Condition 3.12.2: 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. Contact Justin Arnette at justin.r.arnette(aiusace.army.mil.
2. All work authorized by this permit must be performed in strict compliance with the submitted plans,
which are a part of this permit. Any modification to these plans must be approved by the US Army
Corps of Engineers (USACE) prior to implementation.
3. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill,
or mechanized land -clearing activities shall take place at any time in the construction or maintenance of
this project within waters outside the designated permitted boundary. This permit does not authorize
temporary placement or double handling of excavated or fill material within waters outside the permitted
area.
4. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects of work
associated with this project. All dredged material must be deposited on high ground.
5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources at [phone], Ext. 526 or [phone] and provisions of the
North Carolina Oil Pollution and Hazardous Substances Control Act will be followed.
6. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors
and/or agents associated with the construction or maintenance of this project with a copy of this permit.
A copy of this permit, including all conditions, shall be available at the project site during construction
and maintenance of this project.
7. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an
increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall
include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices
around all areas subject to soil disturbance or the movement of earthen fill, and the immediate
stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all
aspects of the Sedimentation Pollution Control Act of 1973.
8. The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside
the area of construction or construction -related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division
of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and
reservoirs, and 10 NTU's or less in trout waters, are not considered significant.

9. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee 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.
10. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the
Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permittee's discovery of the violation.

Action ID Number: SAW-2018-02186 County:
New Hanover County
Permittee: Dustin Gross
Project Name: Dustin Gross Harry Shaw409-417 Bradley Creek Point Road -dredging
Date Verification Issued: August 8, 2022
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date

Legend
Maintenance DredgirkftiRMEy
DCM WILMINGTON, NC
OCT 2 3 2018
417 BRADELY CREEK POINT RD
415 BRADELY CREEK POINT RD
FARRIS JOHN J JR
409 BRADLEY CREEK POINT
WILMINGTON, NC 28409
H ARN4 JOSEPH C NANCY K
A11 BRA'DLEY CREEK`.POINT RD
`WILMJVGTON, NC 28403
MAINTENANCE
DREDGING BOUNDARY
NOTES:
1. TAX PARCELS FROM NHC GIS.
2. 2016 AERIAL FROM NCONEMAP.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. FOR ENVIRONMENTAL PERMITTING ONLY.
PRELIMINARY.
0 Q 4D0
L.\CAMA\2018 CAMA FILES\02-18-208 --- Bradley Creek Point Road, Dustin Gross\Bradley Creek Point Basin.dwg
USAGE NAVIGATION
CHANNEL AND SETBACK
LMG
I -\ND MANAGEME�NtT GROUP
DAVEYT rompam
3805 Wrightsville Ave, Suite 15
Wilmington, North Carolina 28402
Telephone [phone]
Project
409-417 Bradley Creek
Point Road
Title: Site Location
and
Plan View
Date:
Site Location Map
NTS
RECEIVED
10/12/18
Scale: O C 1 2 3 2018
1 "=200'
l \TWILI4NGTON,
Revision Date
NA
Job Number:
02-18-208
Sheel Number.
NC 1 of 8

MARSH ISLAND -/1
Legend
Maintenance Dredging Boundary
RECEIVED
DCM WILMINGTON, NC
OCT 23 2018
MAINTENANCE
,EDGING BOUNDARY
(0C� -4 MLW)
NOTES:
1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018.
2. TAX PARCELS FROM NHC GIS.
3. 2016 AERIAL FROM NCONEMAP.
4. NOT A SURVEYED OR ENGINEERED DRAWING.
5. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY.
a
L\CAMA12018 CAMA FILES102-18-208 --- Bradley Creek Point Road, Dustin Gross\Bradley Creek Point Basin.dwg
OUTER MARSH EDG
0
4ILMG
I AND MANAGEMENT GROUr
a DAVEY'` rompanc
3805 Wrightsville Ave. Suite 15
Wilmington, North Carolina 28402
Telephone.[phone]
RECEIVED
Project:
409-417 Bradley Creek
Point Road l
Title
Dock Chan
M
Detail
Date
1CT 2 Pf(18
Scale:
1 "=30'
WttialINc pN, NC
Revision Date:
NA
Job Number:
02-18-208
Sheet Number:
2 of 8

TOP OF SLOPE
12OFFSET FROM DREDGE CUT)
LegendLa__
Maintenance DredginRg_�EIVddryEU
DCM WILMINGTON, NC
OCT 2 3 2018
NOTES:
1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018.
2. TAX PARCELS FROM NHC GIS.
3. 2016 AERIAL FROM NCONEMAP.
4. NOT A SURVEYED OR ENGINEERED DRAWING.
5. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY.
LICAMA\2018 CAMA FILESl02-18.208 --- Bradley Creek Point Road. Dustin GrosslBradley Creek Point Basin dwg
OUTER MARSH; EDGE
MAINTENANCE
DREDGING BOUNDARY
(BOX CUT TO -4 MLW) f
0 D
LMG
LAND MANAGEMENT GROUF
a DAVEYT company
3805 Wrightsville Ave. Suite 15
Wilmington, North Carolina 28402
Telephone.[phone]
Project: REC
409-417 Bradley Creek
Point Road r 7
EYED
Title:
Access Channel
Detail
DCM WILMI
10/12/18
S le.0181"=30.
Drawn By:
NGTON1\7C
Revision Date:
NA
Job Number:
02-18-208
Sheet Number
3 of 8

Legend
Maintenance Dredging Boundary —
RECEIVED
DCM WILMINGTON, NC
OCT 2 3 2018
NOTES:
1. 1966 AERIAL FROM NHC.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
OCT 232018
Zj
LMG
Yy
Ave,
North Carolina
..._ ._....,....
rarn;t
"awn
Suite 5
28402
Pr
Project:
409-417BradleyintRoadCreek
Po
Date:
10/12/18 DCM
Revision Date:
WILMINGTON, Ir
LAND NIAnncrnte1T
3805 Wrightsville
Wilmington,
- . .
Scale:
NTS
Job Number.
02-18-208
Title. 1966 Aerial with
Approximate
r.hannpl I nratinn
Drawn By.
GSF
Sheet Number:
4 of 8

Legend
Maintenance Dredging Boundary RECEIvt
I�
DCM WILMINGTON, NC
OCT 2 3 2018
NOTES:
1. 1981 AERIAL FROM NHC.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
'LMG
LAND MANAGFMF.NT 6ROUF
DAVEYi cnmpann:
3805 Wrightsville Ave. Suite 15
Wilmington, North Carolina 28402
Project
409-417 Bradley Creek
Point Road
Title: 1981 Aerial with
Approximate
r.hannpl I nr•.atinn
Date.
Scale
Drawn By
10/12/18
NTS
GSF
OCT 2 3 2018
DCMe ibil.M NN GTON, NC
Job Number.
02-18-208
Sheet Number
5 of 8

Legend
Maintenance Dredging Boundary
RECEIVED
DCM WILMINGTON, NC
OCT 2 3 2018
NOTES:
1. TAX PARCELS AND 1998 AERIAL FROM NHC.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
0 50 100 700
tLMG
I..AND MA ACGM1.NT FROI'r
DAVEY# company
3805 Wrightsville Ave, Suite 15
Wilmington, North Carolina 28402
Project.
409-417 Bradley Creek
Point Road
Title:
1998 Aerial and
Channel Location
Date:
Scale:
Drawn By:
10/12/18
1"=100'
GSF
Revision Date:
NA
Job Number:
02-18-208
Sheet Number.
6 of 8

OYSTER BED
;I•, ,ram;
- -
- - - -
2+00
-
-
-�
OUTER MARSH EDGE
oo+V
f
I� i 1
I ,�
/i' % /„r r'
i' • -'
-�
oo J : /
I
•
_-+;i,
OYSTER BED
? ,_- ;,C
1+JC
5+00 �'-
,, ._.
-10
RECEIVED
DCM WILMINGTON, NC
OCT 2 3 2018
PROFILE 1
Station
2+,00 3+00 4-�- 0
i
EXISTING GRADE
EXISTING
AT
ACCESS CHANNEL DREDGE CUT TIES
LIMITS -
m
MAINTENANCE DREDGE
WITH 3:1 SLOPE UP -O
CUT TO -4MLW
EXITING GRADE
L _
/____`
INTO
MAINTAINED BRADLEY CREEK CHANNEL
-4 MLW AT TIME OF MAINTENANCE EVENT
0 _, -_.Cr:;
c 6+00
NOTES:
1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
3. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY.
O
LM
OAVEY'1
Ave,
North Carolina
910-452-0001
G
GROUF
cnmpan,
Suite 15
28402
Project:
409-417 BradleyointRoad Creek
P
Date
10/12/18
Revision Date:
NA
LAND MANAGEMENT
a
3805 Wrightsville
Wilmington,
Telephone:
Scale:
1"=30•
Job Number:
02-18-208
Title:
Profile 1
Drawn By
GSF
Sheel Number:
7 of 8

Legend
Maintenance Dredging Boundary
RECEIVED
DCM WILMINGTON, NC
Spoil Locaton
OCT 232.018
NOTES:
1. TAX PARCELS FROM NHC GIS.
2. 2016 AERIAL FROM NCONEMAP.
3. NOT A SURVEYED OR ENGINEERED DRAWING.
4. FOR ENVIRONMENTAL PERMITTING ONLY.
PRELIMINARY.
2 isn 30o an
L:ICAMA\2018 CAMA FILES102-18-208 --- Bradley Creek Point Road, Dustin Gross\Bradley Creek Point Basin dwg
0
LOCATIQ,N
USACE ROW
'LMG
LAND AI ANAGE. 1E.NT GROUP
DAVEY* company
3805 VN'ightsville Ave, Suite 15
Wlrrsngton, North Carolina 28402
Telephone. [phone]
Project
409-417 Bradley Creek
Point Road
Title:
Spoil Location
RECEIVED
Date:
O€1ki12 3 20q
Scale:
1 "=300'
DCM Wil MINGTO
Drawn By:
GSF
Revision Date
NA
Job Number
02-18-208
Jel Number
8 of 8

CURRENT MAINTENANCE
DREDGING AREA
OYSTER BED
EVENT
- _.._..
._-_.
�,
���` _.._.._.._.._.._.. _.._._._.._._.._:.-_
_.._.._.._ _
-
,,„
• 1 `S'
(1,885 S.F.) ; r
o+oo;-
_ _ _ _ _ _ - ,
2+00 , \
OUTER MARSH EDGE
/
i
`
.._ -`1,„,
1 '
/
7/ ,
—�:� _.._�_=f_._.-_�-.._.._.._.._..-
/i/fr
/)
-1+00
OYSTER
0+i00
I 1
1+00
5+i00 6+00
_
-10
RECEIVED
DCM WILMINGTON, NC
NOV 1 5 2018
PROFILE 1
Station
2+00 3 4-00 4+00
l I I
ACCESS CHANNEL DREDGE CUT TIES INTO
1 1 1
BED LIMITS
o-
m
v
a
n
MAINTENANCE DREDGE
WITH 3:1 SLOPE UP `O
1a
-1+00
CUT TO -4MLW
EXITING GRADE
1
EXISTING GRADE
EXISTING
MAINTAINED BRADLEY CREEK CHANNEL
-4 MLW AT TIME OF MAINTENANCE EVENT
AT
�
��
f-_
CURRENT
_
MAINTENANCE EVENT
AREA (-200 C.Y.)
DREDGING
O+OC
1 +'i30 2 1-00 3-CO 41-00
I 11
5+00 6+00
NOTES:
1. MLW DEPTH PROVIDED BY ESP ASSOCIATES, INC. TAKEN JULY 2018.
2. NOT A SURVEYED OR ENGINEERED DRAWING.
3. FOR ENVIRONMENTAL PERMITTING ONLY. PRELIMINARY.
0
G
GROUP
company
Suite 15
28402
Project:
409-417 Bradley Creek
Point Road
Date:
10/12/18
Revision Date:
NA
L M
LAND MANAGEMENT
a DAVEY*
30
Wilming5 ton, ngton htsville Ave,
North Carolina
Telephone: [phone]
Scale:
1'•=30'
Job Number:
02-18-208
Title:
Profile 1
Drawn By: GSF
Sheet Number 8
\data\CAMA12018 CAMA FILES102-18-208 --- Bradley Creek Pant Road. Dustin Gross\Bradley Creek Point Basin.

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Dustin Gross
Harry Shaw
417 Bradley Creek Point Road
Wilmington, NC 28403
Dear Mr. Gross and Mr. Shaw:
NORTH CAROLINA
Environmental Quality
April 12, 2019
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored
form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign
both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20)
days of this decision on your permit. You should also be aware that another qualified party may submit an
objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance requires
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you plan to have the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the yellow Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department
personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our
vitally important coastal resources.
Enclosure: WiRO
Greg Finch - Agent
Sincerely,
r� 1
oug as Huggett
Major Permits and Consistency Manager
N.C. Division of Coastal Management
nioanr C J OU LA
MprMirt MEmbonmenW OuWry
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Permit Class
NEW
Permit Number
8-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
etmit
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 Dustin Gross and Harry Shaw, 417 Bradley Creek Point Road, Wilmington, NC 28403
Authorizing development in New Hanover
County adj. to Bradley Creek, at 409-417 Bradley
Creek Point Road, in Wilmington , as requested in the permittee's application dated 10/12/18, including attached
workplan drawings (8) 1-8 of 8 all dated 10/12/18.
This permit, issued on April 12, 2019 , 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.
Excavation & Spoil Disposal
1) The area of excavation shall not exceed the area depicted on the attached workplan drawings.
2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
3) No excavation or filling of any vegetated wetlands is authorized by this permit.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
(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. Chairman of the Coastal Resources Commission.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2022
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
09:* 1,74,101/1--
ML Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Gross and Shaw
ADDITIONAL CONDITIONS
Permit No. 8-19
Page 2 of 3
All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids
into any marsh or surrounding waters.
No spoil material shall be placed within 30 feet of the normal high water line.
The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Maintenance Clause
The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
future maintenance work, as authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
General
10) This permit does not authorize the excavation or filling of any vegetated wetlands.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
12) 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.
13) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
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: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
C7CC0707C06C70C64CCC0077774C774C67600C44004047444000404470407C644S6C7044474040CCC 04447007700470770707000440600000C 6444}6000 4.P404P4-000.444:0004 D47 000000

Gross and Shaw
Permit No. 8-19
Page 3 of 3
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources authorized the proposed project via GC 4144 and
assigned DWR Project No. DWR-2018-1591v1, which was issued 1/7/19.
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.

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
measures 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), 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), 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. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
2

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.
3