20230236 Ver 1_USACE Permit_Glenn_20230601

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 1, 2023
Regulatory Division
Action ID No. SAW-2023-00398 and State Permit No.60-23
Mr. Glenn Lewis
668 Lewis Road
Hampstead, NC 28443
Dear Mr. Lewis:
Reference your application to construct a six -slip docking facility, replace a failing
bulkhead, and conduct maintenance dredging in waters around the proposed docking facility,
located at the end of Lewis Road, north of Hampstead, in Pender County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the approved plan. Failure to comply with the State authorization
or conditions of the Federal permit could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the AM permit will expire on December 31, 2026.
Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office,
Regulatory Branch, email: sarah.e.hairgusace.army.mil.

-2-
Sincerely,
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Enclosures:
RGP 291 conditions
CAMA permit No. 60-23 dated 05/30/2023
Plans dated 2/7/2023 (revised)
401 Certification dated 4/8/2023
Manatee Guidelines
Electronic copies Furnished:
Davey Resource Group, Inc.; Mr. Greg Finch/Mr. William A. Dortch
NOAA/NMFS; Dr. Pace Wilber/ Ms. Twyla Cheatwood
NCDEQ/DCM; Mr. Cameron Luck/ Ms. Amanda Cannon
NCDEQ/DWR; Ms. Holley Snider
USFWS; Mr. Pete Benjamin/ Mr. John Ellis
USEPA; Mr. Todd Allen Bowers
USCG; BOSN4 Mr. Paul Bertram
USACE-Nav; Mr. Justin Arnette

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/Re ug latoryPermitPro rg am.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do 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 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operatinst Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.

b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.

i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
in. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
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 Wilmington District
Engineer. You may review the setback policy at

http://www.saw.usace.arM.mil/Missions/Navigation/Setbacks.awx. 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
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, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
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 Permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt fencing or
similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
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 United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/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 United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States 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.
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: SAWWeb-NAVgusace.army.mil.
k. The Permittee will allow the Wilmington District Engineer or his/her 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.
in. 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 United States 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
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers 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 applicant 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.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington 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 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 Wilmington 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 Wilmington 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. Endangered Species.
(1) 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 this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species -specific endangered species
conditions to the RGP verification letter for a project.
(4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.g_ov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) 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.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw.usace.ariny.mil/Missions/Re ug latory-Permit-Pro rg am/A ency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition ("s")
will no longer be applicable because the 4(d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) 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/1\4anateeGuidelines20l7.pdf
(9) 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.
v. Permittees 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.
w. The Permittee must install and maintain, at his/her 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 [phone] or email Coast Guard Fifth District at cgd5waterways&uscg.mil.
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. 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
inform 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.
bb. At his/her 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.
cc. 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.
dd 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.
ee. 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:
WamiA.ett
Colonel, U.S. Army
District Commander

Permit Class
NEW
Permit Number
60-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
r r t nit
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 Glenn Lewis, 668 Lewis Road SW, Hampstead, NC 28443
Authorizing development in Pender County at adj. to AIWW at western Terminus of Lewis Road (PIN
4224-02-7017-0000) in Hampstead, as requested in the permittee's application dated 1/18/23 (MP-1, MP-2,
MP-4), including attached workplan drawings (6) Sheets 1-5 of 5 dated 2/7/23 and Sheet 1 of 1 dated 11/16/22.
This permit, issued on May 30, 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 civil or criminal penalties; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes the construction of the docks, piers, and other structures and uses located in or
over the water that are expressly and specifically set forth in the permit application. No other
structure, whether floating or stationary, shall become a permanent part of this docking facility
without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
2) This permit authorizes a maximum of 6 formalized boat slips at this docking facility.
(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
May 30, 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.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pennittee

Glenn Lewis Permit No. 60-23
Page 2 of 5
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
5) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the western adjacent property owner's area of riparian access.
8) Should the eastern adjacent riparian property be sold prior to the initiation of construction of the docking
facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum
setback, and authorization to construct the portion of the docking facility within the property owner's
riparian setback and submit it to the Division of Coastal Management prior to initiating construction of
the docking facility.
9) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Bulkhead Replacement
10) The bulkhead shall extend a maximum of two (2) foot waterward from the waterward edge of the
existing bulkhead at any point along its alignment at the time of construction.
11) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
12) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the
approved bulkhead alignment.
13) 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.
14) 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.

Glenn Lewis
ADDITIONAL CONDITIONS
15) The bulkhead shall be constructed prior to any backfilling activities.
Permit No. 60-23
Page 3 of 5
16) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
17) The fill material shall be clean and free of any pollutants except in trace quantities.
18) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
19) 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.
20) All fill material to be placed below normal high-water level shall be confined behind the permitted
bulkhead.
Maintenance Excavation
21) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
22) No excavation shall take place outside of the area indicated on the workplan drawings.
23) Excavation shall not exceed -6 feet below the mean water level. In no case shall the depth of excavation
exceed the depth of connecting waters.
24) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
25) No excavation shall take place within 10 feet of any Coastal Wetlands.
26) 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 recent 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.

Glenn Lewis
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No. 60-23
Page 4 of 5
27) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work 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 dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material 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.
USACE Conditions
28) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
Dredge Material Disposal
29) All excavated materials shall be confined above normal high water 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. The barriers shall be maintained and functional until the
site is graded and stabilized.
30) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
31) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed.
32) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All
remaining backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead.
Sedimentation and Erosion Control
33) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
34) 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.
35) 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.

Glenn Lewis
ADDITIONAL CONDITIONS
General
Permit No. 60-23
Page 5 of 5
36) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
37) 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.
38) The permittee and/or their 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.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-00398).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5826 and assigned the project DWR Project No. 20230236.
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.

� i� b W � 4
i�'Ii�.*.;nk�, 1 �'�' :✓' � ,jl� A�� r�
*(
7 ,
�
,4 �
o
'.�i
x:.
10,
All
j24'1t
A 'r
AFL
seF
rt }
r
t, s
N.
410
SLOOP POINT MARINA OWNERS ASSOCIATION INC.'",get\ F'
e 6331 OLEANDER DRIVE
WILMINGTON NC 28403 3 •r
or 1701 JEL WADE DRIVE
WILMINGTON NC 28401 75' AEC
30' CAMA Buffer
,y
F - Existing Pierhead Line
A,.
Riparian Corridor
►� �', N; and 15' Setback
Oki
Existing Bulkhead 1 NHW
SAV Boundary (GIS 1981-2015)
Existing Normal High Water
11
Hwy 17
SR 1561
Sloop Point
Loop Rd Site
Site Location Map
USACE Right of Way
USACE Setback
USACE Channel
r1A
Legend
NOTES: FEB 0 6 2023
6
Subject Parcel Boundary -- -- --
Existing Bulkhead/ NHW
1.
2020 AERIAL AND 2019 PARCELS FROM NC ONEMAP.
Taxparcels
Riparian Corridor ------
2.
BASE CAD FILE FROM PARAMOUNTE ENGINEERING.
pro
leac Date:
Revision DaIeT
USACE Channel
15' Setback -----
3.
WIDTH OF WATERBODY IS APPROXIMATELY 1,000'. (�M wiI MINAT`IN �(
ENGINEERED DRAWING, FOR ENVZ7tJ'TAFNTAL 1��1I�IIlTING O15LY.
pp
Lewis Road - 1/6/2023
Lewis
217/2023
USACE Setback
75' AEC
4.
NOT A SURVEYED OR
Glenn
Scala:
Job Number:
USACE Right of Way
Existing Pierhead Line ---
—
Resource Group
P
1"=200'
rifle:
DRGNCW22.504
Existing Normal High Water
a 100 200 400
3805 Wrightsville Ave Suite 15
Site Location $ Drawn By
Sheet Number:
30' CAMA Buffer
SAV Boundary
Wilmington, North Carolina 28403
910452-0001
Existing Conditions WAD
1 of 5

Existing Concrete Pier and
Boatlift
Proposed Fixed Pier
(6' x 20')
75' AEC
30' CAMA Buffer
r
1
i
i
1
Riparian Line and 15' Setback
Adjacent Proposed
Floating Dock
103'
Proposed Floating Dock
(8' x 50')
_33 QI i
Proposed Floating Dock - ~�
Existing Bulkhead 1 NHW (8' x 38')
Proposed Bulkhead — 76' 1 NHW��-
(2' waterward from existing) 10' Offset from Coastal Wetlands FEB 0 6 2023
Appx.lOuter Edge of Marsh ACM wILMIvcTON, NC �14
SAV Boundary
I (1 1981-2015) +r`
1 Existing Pierhead Line
1 ' i 1
-------- 1
Subject Parcel Boundary — — 75' AEC NOTES:1.2019 PARCELS FROM NC ONEMAP. O
Taxparcels Existing Bulkhead 2. LENGTH OF SHORELINE AT NORMAL HIGH WATER IS 88' FROM TI COASTAL HYDROGRAPHiC SURVEY MAY 27, 2021,
USACE Right of Way Riparian Corridor ----- — 3. APPROXIMATE OUTER EDGE OF MARSH LINE BASED ON AERIAL PHOTOGRAPHY. Projece Date: Revision Date:
Proposed Bulkhead 1 NHW 15' Setback 4. BASE CAD FILE FROM PARAMOUNTE ENGINEERING. Lewis Road- 1/6/2023 21712023
P �— ApP X. Outer Edge e 5. WIDTH OF WATERBODY IS APPROXIMATELY 1,000'. MAMA. Glenn Lewis
30' CAMA Buffer ----------- of Marsh Resource Title: 6. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Scale: Job Number:
Existing PierhEad Line RG1"=40' ORGNCW22.504
Proposed Dock and Pier 10' Offset from CW ---------- 3805 Wrightsville Ave Suite 15 Drawn 8 : Sheet Number:
P Plan View y
SAV Boundary ------ Concrete Piers C7 20 90 $� Wilmiogto910-452 00011ina 28403 WAD 3 of 5

Proposed Bulkhead 1 NHW (2' Waterward from Existing)
1
Proposed Maintenance Dredge Area
(-2,500 sq ft to -6' MLW)
Existing Maintenance Dredge Area
�•. (CAMA Permit 172-07 / 23-91)
.----------- ---
■ri�ci
�rrrrrri��
��4orrrro�
rrrr■r■rnr�s,.
Omsk
■alter ■r...-..--_.. r
��gOWN rrraa#11.
� k s�i�i'..'`II.'r.�rrl
rirrrrrr4�:c��el�:':
�r■rtiG22=!rrtlrf loot
11rr�rirrRA7q jp1
■rr�rrrrrrrar��r■
■rruurrrrrurr.ur
I trrrrrrr��rr��rGurry
�.e 4gr�l
��rr4~ r—r-rr•�
J
rr
t
10' Offset from Coastal Wetlands Adjacent Permitted Dredge Boundary
r I v, (CAMA Major #27-18)
Appx, Outer Edge of Marsh ,t
fill
,! SAV Boundary (GIS 1981 2015)
30' CAMA Buffer
Existing Pierhead Line 1f
Legena
Subject Parcel Boundary -- -- -
Taxparcels
USACE Right of Way
USACE Setback
USACE Navigation Channel
30' CAMA Buffer
Proposed Dock and Pier
SAV Boundary ------
0
Proposed Bulkhead / NHW
NOTES:
Existing Bulkhead
1.
2019 PARCELS FROM NC ONEMAP.
Riparian Corridor - - -
- - - 2.
BASE CAD FILE FROM PARAMOUNTE ENGINEERING.
15' Setback ------
3.
WIDTH OF WATERBODY IS APPROXIMATELY 1,000'.
Existing Pierhead Line —
— — 4,
HYDROGRAPHIC SURVEY FROM TI COASTAL COLLECTED MAY 27, 2021 AND REPRESENT
Proposed Dredge Area
CONDITIONS AT THAT TIME. REFERENCED TO MLW NAVD88.
5.
NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY,
Concrete Piers
0 20 40 80
iiiii
Riparian Corridor
and 15' Setback
{
U SAC E RO'
USACE Setback
USACE Navigation Channel
DAVEY#
Resource Group
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910-452-0001
Project
Lewis Road -
Glenn Lewis
TIBe:
Water Depths and
Dredge Plan View
1ECF-0)
FEB
I WILMING%(
Date:
1/6/2023
Scale:
1"-40'
Drawn By:
WAD
P
j, tsc
O f4
Revision Date:
2/7/2023
Job Number:
DRGNCW22.504
Sheet Number:
4of5

30' CAMA Buffer
i
r
i
75' AEC
i
I
I
I
10' Offset from Coastal Wetlands1
I
Proposed Fixed Pier and Floating Dock -
I
I
i
I
Existing Bulkhead
Proposed Bulkhead 1 NHW (2' Waterward from Existing) —
Appx. Outer Edge of Marsh :.il - - - - - -
Appx. Outer Edge of Marsh
Proposed Backfill (-22 cu yd) --
A
10
8
6
4
2
0
-2
-4
-6
-8
0+100
Existing Bulkhead -1
Proposed Bulkhead 1 NHW
(2' Waterward from Existing)
Subject Parcel Boundary
Taxparcels
Appx. Outer Edge of Marsh
10' off from Coastal Wetlands
75' AEC
30' CAMA Buffer
Proposed Dock and Pier
10' Offset from Coastal Wetlands
n 1; t�
0+110 0+120
0
0+130
Pilings Per Contractor (depth, spacing, etc.)
Proposed Bulkhead
-- -- - Existing Bulkhead
- Riparian Corridor
----------- 15' Setback
----------- Existing Pierhead Line
Proposed Dredge Area
Concrete Piers
0+140
----� --- Existing Maintenance Dredge Area
OWN
Existing Maintenance
Dredge Boundary
0
------------------------ ---
r
r
i
Riparian Corridor
and 15' Setback
N
— Proposed Maintenance Dredge Area
(-2,500 sq ft to -6' MLW = -275 cu yd)
■
■
p ii ■
L.� r
■
---------------------- ----- JL
■
■
■
Existing Pierhead Line
Min
r ff�fffffa:fffff�fff�ftffft■fff�f ---- --- 16---
r r
Proposed Floating Dock (8' x 38')
_-- Existing Pierhead Line
�-
Existing Grade ArI
1 10
I 8
6
--------I-------_...-- MffiV— 4
2
------------------------------ -------- 1 — — — — — — — — — — ML 0
-2
I -4
-6
-8
0+150 1 0+160 0+170 0 180 0+1goE111ED
Proposed Grade
Proposed Maintenance Dredge Area
(-2,500 sq ft to -6' MLW = -275 cu yd)
* DREDGE BOUNDARY EXTENDS TO -6' MLW AT TIME OF CONSTRUCTION
NOTES:
1, 2019 PARCELS FROM NC ONEMAP.
------ 2. BASE CAD FILE FROM PARAMOUNTE ENGINEERING.
------ 3. WIDTH OF WATERBODY IS APPROXIMATELY 1,000'.
4. HYDROGRAPHIC SURVEY FROM TI COASTAL COLLECTED MAY 27, 2021 AND REPRESENT
Ij CONDITIONS AT THAT TIME. REFERENCED TO MLW NAVD88.
5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY
DAVEYI
Resource Group
3805 Wrightsville Ave Suite 15
Wilmington, North Carolina 28403
910452-0001
FEB 0 6 2023
ACM WILMIN ,TON, NC 16
Horizontal and Vertical
vj
oV
U
Project:
Date:
Revision Date:
Lewis Road -
116/2023
2/7/2023
Glenn Lewis
As Noted I DRGNCW22.504
Profile A View Drawn By: sheet Number:
WAD 1 5 of 5

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
April 8, 2023
DWR # 20230236
Pender County
Glenn Lewis
668 Lewis Road SW
Hampstead, NC 28443
Subject: Approval of Individual 401 Water Quality Certification
Terminus of Lewis Road (PIN 4224-02-7017-0000)
USACE Action ID. No. SAW-2007-02719
Dear Mr. Lewis:
Attached hereto is a copy of Certification No. WQC005826 issued to Glenn Lewis dated April 8, 2023. 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.
NORTH CAROLi � ��I
North Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Ext. I Wilmington, North Carolink 28405

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 2 of 12
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.
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 150B 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 15013-23(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 910-796-7303 or [e-mail] if you have any
questions or concerns.
Sincerely, DocuSignedby:
EkbmUa Sad GIA�Al"
E3ABA14A11D1434-,
Morella Sanchez -King
Regional Operations Supervisor
Electronic cc: Greg Finch, consultant
Sarah Hair, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROL
04patneMbfE I,n U10-Ift /� 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84
Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 3 of 12
Filename: 20230236_Lewis, Glenn_IWQC_PendCo_Apr.23
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,—U10-Ift /� 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84
Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005826 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 Glenn Lewis, who have authorization for the impacts listed below, as
described within your application received by the N.C. Division of Water Resources (Division) on February
10, 2023, and by Public Notice issued by the Division of Coastal Management on February 13, 2023.
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
Amount Approved
(units) Temporary
Plan Location or
Reference
Open Waters
Docking facility
824 square feet
N/A
CAM major permit
(incorporated only)
application, project
narrative and sheets 1
Bulkhead backfill
152 square feet
N/A
thru 5 revised date
February 7, 2023
Maintenance
2,480 square feet
Excavation
(shallow bottom excavation)
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The permittee shall notify the Division in writing prior to the beginning of the work authorized
under this certification. A pre -construction meeting must be held with the Division prior to the
start of the project so that the contractors and/or agents fully understand the conditions
associated with this certification.
Note: Consideration should be given to construction methodology that reduces the risk of
displaced sediments being deposited onto the existing live oyster reef.
Citation: 15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e) and 15A NCAC 02H .0506 (b)(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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 5 of 12
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.
The new vinyl bulkhead is authorized approximately 2 feet waterward of the exiting bulkhead.
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 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.
4. 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 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: (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 offish, 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.
5. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 6 of 12
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium.
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 048.0125
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.
6. The Permittee shall adhere specially to 15A NCAC 0213.0221 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; (1) 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 028.0221
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,
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.
7. The docking facility is permitted for 6 slips. Dockage of vessels other than the permitted slips will
require re-evaluation by DWR of the use of the dockage facility. Handrails or other devices,
including signage, should be used to discourage use of any dock space other than the 6
designated slips.
Citation:15A NCAC 07H .0208
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 7 of 12
8. Canals or boat basins shall not be dredged beyond their original depth and width. The area
shall not be dredged to a depth deeper than the receiving water. In this case maintenance
excavation shall not exceed -6 feet Mean Low Water.
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.
9. The effluent water from the dredge spoil should not (if at all practicable) be released into open
shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into open
shellfish water will cause a (temporary) closure of that water which in turn is a degradation of
waters and a violation of tidal salt water quality standards for Class SA Waters. Shellfish Sanitation
(252.726.6827) and the Division of Water Resources (910.796.7215) must be notified if this is to
occur.
Citation: 15A NCAC 028.0221
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 shellfishing for
marketing purposes) and that activities must not cause water pollution that precludes any best use
on a short-term or long-term basis.
10. Please note that the area surrounding the project site contains submerged aquatic vegetation
(SAVs) and shellfish resources. No impacts to SAVs are authorized by this certification outside the
approved impacts specified herein. A 10-foot buffer shall be maintained from aquatic vegetation
to prevent impacts. An approved relocation plan must be implemented to avoid impacts to
shellfish resources.
Citation: 15A NCAC 07H .0208(b)(1)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. 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. 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.
11. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 8 of 12
and/or any violation of, stream or wetland standards [15A NCAC 02B .02001, 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.
12. 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.
13. 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.
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.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 9 of 12
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO28.0200; 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: (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 offish, 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.
14. 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 028.0200; 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: (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 offish, 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.
15. 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,
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 10 of 12
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 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: (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 offish, 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.
16. 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 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 offish, 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. 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 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: (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 offish, aesthetic quality, or impair the waters for any designated
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 11 of 12
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.
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
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 Permit. The conditions in effect on the date of
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
NORTH CAROL NA ��`
!!!/// 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oeprUm tofEmlmMIB�IOwI 919.707.9000

DocuSign Envelope ID: 855F6921-B4EC-4A20-B7A1-A404F8B94D84 Glenn Lewis — Lewis Road SW
DWR# 20230236
Individual Certification #WQC005826
Page 12 of 12
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 8th day of April 2023
Ek
DocuSigned by:
6mu' . Sm.c6,11I)AIL4
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
401 & Buffer Permitting Branch
D � � � North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA
04patneMbfE I,n U10-Ift /� 919.707.9000

" United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
4 s. % 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 aboul
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.
9TO
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.