20201772 Ver 1_DCM Correspondence_20231009

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
Scott and Lisa Diggs
Permit Refinement State Permit No. 26.21
401 Bradley Creek Point Road
NORTH CAROLINA
Environmental Quality
October 5, 2023
Wilmington, NC 28405
c/o Debbie Wilson - Sent via email to debbiew75na charter.net
Dear Ms. Wilson:
This correspondence is with reference to the request you submitted to modify State Permit No. 26-21. State Permit #
26-21 was originally issued on March 4, 2021, for the construction of a single-family docking facility, boat basin
excavation, and access channel excavation at the confluence of Bradley Creek and the Atlantic Intemoastal Waterway
(AIWW), Wilmington, New Hanover County. State Permit # 26-21 is due to expire on December 31, 2024.
The current request for modification will include reconfiguration of the previously authorized floating dock layout within
the same footprint and modification to the excavation footprint within the previously authorized footprint. The proposed
reconfiguration of the floating docks, depicted in the "Revised Structures and Dredge Footprint" drawing (dated as
received by DCM 10/03/2023), will not change the originally permitted total number of slips (4 slips) and is proposed
within the originally permitted footprint, depicted in the "Currently Authorized Structures and Dredge Footprint" drawing
(dated as received by DCM 10/03/2023). The proposed modification to the excavation footprint would result in a slightly
smaller footprint and a reduction of the proposed dredge material by approximately 11 cy, depicted in the "Revised
Structures and Dredge Footprint' drawing (dated as received by DCM 10/0312023). The final project depth will still be
-4.0' at NLW, as previously permitted. The permit holder is seeking the latest refinement due to an increase in resources
on -site since the original permit was authorized.
Upon review of the information provided, the Division of Coastal Management has determined that the proposed action
continues to be consistent with existing State rules and regulations and is in keeping with the original purpose and
intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit No. #26-21,
as described in your request dated as received by DCM October 3, 2023. By copy of this letter we are notifying the
US Army Corps of Engineers and the Division of Water Resources of our action. Please note this refinement does not
alleviate the need to obtain any other local, state or federal permits.
rZe!aa
MacP erson
istrict Manager
Enclosures
cc: Christine Bouffard, New Hanover County
Greg Currey, USACE
Holley Snider, Division of Water Resources
o.�.r ae.me..ua+ro�
North Carolina Department of Environmental Duality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

REVISED NARRATIVE
As acting agent for Scott and Lisa Diggs who own property located at 401 Bradley Creek Point
Rd, Wilmington, in New Hanover County I am proposing a modification to their existing CAMA
Major Permit 426-21 which was issued on March 4, 2021 for a new private docking facility and
associated excavation. The proposed changes consist of a reconfiguration of the currently
authorized dock layout, a slight change to the excavation footprint and the spoil disposal site.
The details of the proposed changes are shown on the enclosed drawings along with a letter of
authorization from the owner of the spoil disposal site authorizing the placement of approx.
1,000 cubic yards of spoil material. The number of slips will still be 4 and the depth of the
excavation will not exceed -4' below NLW and will maintain a minimum of a 10' offset from the
edge of the marsh and oyster beds.
Please feel free to contact me if you have any questions or need additional information.
RECEIVED
OCT 0 3 2023
DCM WILMINGTON, NC

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit:
�+ L1jfQ �iGGs
Mailing Address: -0. .box
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Phone Number: 510 - b111 )I.
Email Address: r n 5d t¢4s L-7@ Q,n.a 1. C,ovvN,
I certify that I have authorized Debbie Wilson
Agent.' Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: d tic 'tsf T/ix—
at my property located at L40 I &Z rowy CREAK -P;D,ryT'
in 00,-J AArwuRLSounty.
l furthermore certify that l am authorized to grant and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
`1
Signature
Print or Type Name
�u Nc7L�
Title
19 / D' / -)-b )10
Date
This certification is valid through 1 !

Subject: RE: [External] FW: Quick Question
Date: Fri, Sep 29 2023 08:01 AM
From: MacPherson, Tara<[e-mail]>
To: [e-mail]
Cc: [e-mail]
Hi Debbie, We are swamped, but at least Jason is back! Since you are reducing the dredge footprint and the
structure changes are within the footprint Gregg said we can do a refinement for this one. Please send
updated scaled plans for our files with the request.
Thanks,
Tara
Tara MacPherson
Wilmington Region District Manager
North Carolina Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
tara.macpherson@f eq.nc.gov
127 Cardinal Drive Ext
Wilmington, NO 28405
As part of DEQ's phased email update, all Division of Coastal Management emails are now @deq.nc.gov.
Our email addresses may look different, but entail performance will not be impacted.
Find a Field Rep (arcgis.com)
Join the DCM Interested Parties List
DECEIVED
OCT 0 3 2023
QCM WILMINGTON, NO

Thank you,
Debbie
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and
may be disclosed to third parties by an authorized state official.

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Ur 0 3 2023
DOM WILMINGTON, NC

Subject: Fwd: Disposal Site Use Request
Date: Thu, Sep 14 2023 0937 AM
From:: Adam Knierim<[e-mail]>
To: [e-mail]
---------- Forwarded message ---------
From: Anne Borden Lee <[e-mail]>
Date: Wed, Nov 11, 2020 at 1:05 PM
Subject: Re: Disposal Site Use Request
To: Adam Knierim <[e-mail]>
CC: Lawrence Lee <[e-mail]>
Adam:
Sincere apologies for the delays. I give you my word this will not happen again.
As President of and representative for Shore Acres Company, I Agree with our mutual plans, through a permitted
contractual agreement, to authorize your company to place approximately 1000 cubic yards of material derived
from the Diggs Project located on Bradley Creek, on properly designated Shore Acres property.
As always, we look forward to working with you.
Anne Borden Lee
President, Shore Acres Company
Sent from my iPhone
On Oct 27, 2020, at 8:24 AM, Adam Knierim <[e-mail]> wrote:
Anne,
I hate to bother you but any progress on the earlier request? I know you have been travelling and hate to be a
pain but just wanted to check in!
On Thu, Oct 22, 2020 at 2:58 PM Adam Knierim <[e-mail]> wrote:
Anne,
[lope all is well. I wanted to follow up on our phone conversation and request authorization for placement
of approximately 1,000cy of material derived from the Diggs Project located on Bradley Creek. As with
past requests, an emailed response to this request will suffice for permitting purposes. Thanks again have a
great week.
Adam C. Knierim, M.S.
President/Coastal Geologist
Maritech, LLC
108 Circle Drive
Hampstead, NC 28443
office 910.270.4058
field 910.297.7710
fax [phone]
;DECEIVED
OCT 0 no 2023
DCM WILMINGTON, NC

`f BUSINESS CORPORATION ANNUAL REPORT
Aj
1/02022
NAME OF BUSINESS CORPORATION: Shore Acres Company
SECRETARY OF STATE ID NUMBER: 0133660 STATE OF FORMATION: NC
REPORT FOR THE FISCAL YEAR END: 12/31/2021
SECTION A:
1. NAME OF REGISTERED AGENT: CARTER. JAMES OLIVER
2. SIGNATURE OF THE NEW REGISTERED AGENT:
Filing Office use Only
E - Filed Annual Report
0133660
CA202209806673
4/8/2022 03:00
❑K Changes
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
408 Market Street
408 Market Street
Wilmington, NC 28401-4547 New Hanover County Wilmington, NC 28401-4547
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS: Real Estate
2. PRINCIPAL OFFICE PHONE NUMBER: [phone] 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS
5. PRINCIPAL OFFICE MAILING ADDRESS
10 E. Fayetteville Street 63 Rutledge Avenue, #8
Wrightsville Beach, NC 28480 Charleston, SC 29401
6. Select one of the following if applicable. (Optional see instructions)
❑ The company is a veteran -owned small business
❑ The company is a service -disabled veteran -owned small business
SECTION C: OFFICERS (Enter additional officers in Section E.)
NAME: Anne Borden Lee NAME: Lawrence Borden Lee, Jr. NAME: Ramsay Jarvis
TITLE: President TITLE: Vice President TITLE: Treasurer
ADDRESS:
ADDRESS:
63 Rutledge Ave. #8 156 N. Madison Street
Charleston, SC 29401 Orange, VA 22960
ADDRESS:
11240 Serenbe Lane
Chattahoochee Hills, GA 30268
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business
entLawrence Borden Lee Jr. 4/8/2022
SIGNATURE DATE
Form must be signed by an officer listed under Section C of this form.
Lawrence Borden Lee Jr. Vice President
Print or Type Name of Officer
Print or Type Title of Officer
RECEIVED
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525
OCT 0 3 2023
DOM WILMINGTON, NO

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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
Permit Number
26-21
Issued to Scott & Lisa Diggs, PO Box 1275, Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adi. to Bradley Creek, at 401 Bradley Creek
Point Road, in Wilmington , as requested in the permittee's application dated 9/20/20 (MP-1),
9/22/20 (MP-2), and 9/29120 (MP-4), including attached workplan drawings (6), Sheets 3-5 of 7 dated 9/11/20, Sheets 5a & 6 of 7 dated 9/29/20, and
Sheet 7 of 7 dated 6/19/20.
This permit, issued on March 4, 2021 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
11 u1t.Jt. tV11llJ laay Vt. Ju.J L.t LV lu1L.J, uiLPilJVllllll.11l V1 uxvll au L1Vi1, Vl May L;aUbc Luc PU11111L LV UU 11U11 alltl V VIU
Docking Facility Expansion
1) This permit authorizes only the docks, piers, platforms, 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) 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.
(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
December 31, 2024
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.
!R5C:FIVFD
Braxton C. Davis, Director
Division of Coastal Wagmm
This permit and its conditions are hereby acce led.
!�Ct�i WILMINGTON NC
Signature of Permittee

Scott & Lisa Diggs
ADDITIONAL CONDITIONS
Permit No. 26-21
Page 2 of 4
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility 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.
4) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
5) 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.
6) This permit authorizes a maximum of four (4) formalized boat slips.
7) Any portion of the permitted access pier and docking facilities built above Coastal 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.
8) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
9) The roof of the covered platform shall not be designed for second story use.
10) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
Excavation
11) 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.
12) No excavation shall take place outside of the area indicated on the workplan drawings.
13) No excavation shall take place within 10 feet of any Coastal Wetlands or shellfish resources.
14) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
15) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the de th
excavation exceed the depth of connecting waters. REEEQ�' ° ED
16) All mechanized equipment will be regularly inspected and maintained to prevent contamif&TOR Of[023
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 immeCW0s)�W0bNW6fbQhb
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.

Scott & Lisa Diggs
ADDITIONAL CONDITIONS
Spoil Disposal
17) No spoil material shall be placed within 30 feet of the normal high water line.
Permit No. 26-21
Page 3 of 4
18) 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.
19) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing.
20) The diked disposal area shall be constructed a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
21) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Maintenance Clause
22) 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 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
23) 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.
24) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
25) All debris associated with the removal of the existing docking facility and construction of the permitted
docking facility shall be contained within the authorized project area and removed to an appropriate
upland location.
26) The permittee and/or his or her contractor shall meet with a representative of the DivisREO d [�
project initiation.
OCT 0 3 E-3
IDCM WILMINGTON, NC

Scott & Lisa Diggs Permit No. 26-21
Page 4 of 4
ADDITIONAL CONDITIONS
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 N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2020-1772.
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.
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.
RECEIVED
OCT 03 2.--,?
ill` M WIfMINGTON, NC