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HomeMy WebLinkAbout20100740 Ver 3_USACE Permit_20240126DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January 26, 2024 Regulatory Division Action ID No. SAW-2005-00800 State Permit No. 9-24 Mr. Jeb Bradshaw B&M Holdings, LLC 2570 Scotts Hill Loop Road Wilmington, NC 28411 jebmcm(&,gmail.com Dear Mr. Bradshaw: Reference your application to excavate a portion of high ground, perform maintenance dredging within the existing marina basin and access channel (previously authorized by CAMA MAJOR no. 137-10/SAW-2010-01188), bulkhead replacement within the marina basin, docking facility replacement, add a new floating dock adjacent to the concrete boat ramp, expand a section of dockage within the marina basin, install a single boatlift, convert a vegetated area to a fork lift drop zone, install dry stack storage, and install a new upland retaining wall, at the existing Scott's Hill Marina, at 2570 Scotts Hill Loop Road, in Wilmington, 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 Army 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.hair&usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: Special Conditions RGP 291 conditions Manatee Guidelines CAMA permit No. 9-24 dated 01/25/2024 401 Certification dated 12/20/2023 Plans dated 10/17/2023 Electronic copies Furnished: Davey Resource Group, Inc.; Mr. Greg Finch/Mr. William A. Dortch NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Cameron Luck/ Ms. Amanda Cannon NCDEQ/DWR; Ms. Holley Snider USFWS; Mr. Pete Benjamin/ Mrs. Kathy Matthews USEPA; Mr. Todd Allen Bowers Special Conditions SAW-2005-00800 1. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval the Division of Coastal Management and the U.S. Army Corps of Engineers. 2. 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/media/2017-manatee-guidelines-north-carolina. 3. Excavation will not exceed -5.0 feet below the elevation of mean low water. 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: (919) 856-4520 (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 (910) 772-2191 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 " 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. Permit Class NEW Permit Number 9-24 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 B & M Holdings, 2570 Scotts Hill Loop Rd., Wilmington, NC 28411 Authorizing development in Pender County at adj to AIWW, at 2570 Scotts Hill Loop Rd., in Wilmington , as requested in the permittee's application submitted electronically (PA- 1162) on 10/17/23, incl att workplan drawings (10), Sheets 1-10 of 10 dated 10/17/23. This permit, issued on January 25, 2024 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Marina Reconstruction and Expansion 1) This permit authorizes the demolition and reconstruction of a marina, including the docks, piers, boatlifts, fork lift drop zone, and other structure and uses located in or over that 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 marina without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. [07J .0202(c); 07H .0208(a)(1)] 2) This permit authorizes an additional 8 formalized boat slips for a maximum of 74 formalized boat slips at this marina. [07J .0202(c)] (See attached sheet for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on January 25, 2029 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. or Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Pennittee B & M Holdings ADDITIONAL CONDITIONS Permit No. 9-24 Page 2 of 6 3) 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. [07H .0208(a)(2)(B)] 4) 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. [07H .0208(a)(2)(G)] 5) 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. [07H .0208(a)(2)(G)] 6) No portion of the authorized docking facility expansion shall extend beyond the waterward most portion of the existing docking facility. [07H .0208(b)(6)(G)] 7) The permittee shall install and maintain at their 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. [07H .0208(a)(2)(G); G.S. 113A-229(a)] 8) The marina shall display a sign showing the location of the nearest/on-site pumpout facility, including other appropriate waste disposal information, at the entrance and exit from the main pier(s). [07H .0208(b)(5)(M)] Bulkhead Replacement 9) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. [07H .0208(b)(7)(D); G.S. 113-229(b)] 10) No vegetated wetlands or open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. [07H .0208(b)(7)(B); 07H .0205(d)] 11) 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. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. [G.S. 113-229(cI)] 12) 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. [07H .0209(d)(4)] 13) The bulkhead shall be constructed prior to any backfilling activities. [07H .0208(b)(7)(C); 07H .0209 (d)(4)] 14) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. [07H .0208(b)(7)(C); 07H .0209(d)(4)] B & M Holdings ADDITIONAL CONDITIONS Permit No. 9-24 Page 3 of 6 15) This permit does not authorize any excavation waterward of the approved alignment. [07H .0206] 16) The fill material shall be clean and free of any pollutants except in trace quantities. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B); 07H .0209(d)(3)] 17) Unless altered herein, all backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. [07H .0208(b)(7)(C)] 18) 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. [07H .0209(d)(10)] 19) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. [07H .0208(b)(7)(D); 07H .0209(d)(4)] 20) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. [07H .0205] Maintenance Excavation — Upland Basin and Access Channel 21) No excavation shall take place outside of the area indicated on the workplan drawings. [07H .0208(b)(1)] 22) Excavation shall not exceed -5 feet below the normal low/normal water level. In no case shall the depth of excavation exceed the depth of connecting waters. [07H .0208(b)(1)] 23) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. [07H .0208(b)(1)(B); 07H .0208(b)(1)(C)] 24) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawing(s). [07H .0208(b)(1)(B) and 07H .0208(b)(1)(C)] 25) No excavation shall take place within 10 feet of any Coastal Wetlands. [07H .0208(b)(1)] Maintenance Clause f07J .04071 26) 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. B & M Holdings ADDITIONAL CONDITIONS Dredte Material Disposal Permit No. 9-24 Page 4 of 6 27) No dredge material shall be placed within 30 feet of the normal high-water line. [07H .0208(b)(1)(C)] 28) No dredge material shall be placed within 30 feet of the normal high-water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. [07H .0209 (d)(10)(G), 07H .0208(b)(1)(B)] 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. [07H. 0208(b)(1)(B); 07H .0209(d)(3)(B), 07H .0208(b)(2)(A)] 30) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material deposition into surrounding wetlands or waters. [07H .0208(b)(1)(B); 07H .0209(d)(3)(B); 07H .0208 (b)(2)] 31) 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. [07H .0208(b)(1); 07H .0208(b)(2)] 32) 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. [07H .0209(d)(8)] Upland Development 33) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the dry stack vessel storage, retaining wall and backfill, and access roads, all as expressly and specifically set forth in the attached permit application and workplan drawings. [07J .0202(c); 07H .0209; G.S. 113-229(b)] 34) No development or land disturbing activity that is considered non -water dependent shall occur within 30 feet of the normal high water level unless altered herein. Any development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the applicant's property, shall require additional authorization from the Division of Coastal Management prior to work commencing. [07H .0209(a)(2); 07H .0209(d)(10)(A); 07H .0209 (d)(10)(G); 07H .0208(b)(1)(B)] USACE Conditions 35) In order to protect finfish resources, no excavation or filling activities will be permitted between the dates of April 1 and September 30 of any year without the prior approval of the Division of Coastal Management and the U.S. Army Corps of Engineers. B & M Holdings ADDITIONAL CONDITIONS Permit No. 9-24 Page 5 of 6 36) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must impellent the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at hltps://www.fws.gov/ralcigh/pdfs/ManatecGuidclines20l7.pdf Sedimentation and Erosion Control 37) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. [07H .0209(d)(4); G.S. I I3A-102(a); 07H .0207; 07H .0208] 38) 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. [07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208] 39) 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. [07H .0209)(d)(3)(B); 07H .0209)(d)(3)(C)] Stormwater Management 40) The Division Energy, Mineral and Land Resources (DEMLR) has assigned this project Stormwater Permit No. SW8 100920, which was issued on 4/30/15. DEMLR has determined this project will require a Stormwater Management permit. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. Any violation of the permit approved by the DEMLR shall be considered a violation of this CAMA permit. [07H .0208(a)(2)(B); 07H .0601; G.S. 113A-102; 07H .0201; 07H .0207; 07H .0209] General 41) 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 (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. [07H .0208(a)(2)(A); 07H .0208(a)(2)(B)] 42) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. [07J .0406(b)] 43) 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. [07J .0209(a); G.S 113A-120(b)] 44) The permittee and/or their contractor shall meet with a representative of the Division prior to project initiation. [07J .0209(a)] B & M Holdings Permit No. 9-24 Page 6 of 6 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 U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2005-00800). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 6507 and assigned the project DWR Project No. 201007400a. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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 $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality December 20, 2023 DWR # 20100740v3a maximum of Pender County B & M Holdings, LLC Attn: Jeb Bradshaw 2570 Scott Hill Loop Road Wilmington, NC 28411 Delivered via email to: iebmcm@gmail.com Subject: Approval of Individual 401 Water Quality Certification Scotts Hill Lopp Marna Basin Expansion and Maintenance Excavation USACE Action ID. No. SAW-2005-00800 Dear Mr. Bradshaw: Attached hereto is a copy of Certification No. WQC006507 issued to Jeb Bradshaw and B&M Holdings, LLC, dated December 20, 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. D � ��� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wihmington, North Carolina 28405-5406 NORTH CAROLINq nw.� Mo E .nme lo�a� /" 910.796.7215 B&M Holdings, LLC - Scotts Hill Marina DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF DWR#201007400 Individual Certification#WQC006507 Page 2 of 10 Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. 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 (919) 431- 3000. 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 holley.snider@deg.nc.gov if you have any questions or concerns. Sincerely, E44 DocuSigned by: bmti & Sa _u" 8554BOF62DED464... North Carolina Department of Environmental Quality I Division of Water Resources D � ��� 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NCRTHCARCLINA n.w� mm�mA��md awm� /"� 910.796.7215 DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF B&M Holdings, LLC - Scotts Hill Marina DWR#20100740v3 Individual Certification#WQC006507 Page 3 of 10 Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Electronic cc: Gregory Finch, Davey Resource Group Sarah Hair, USACE Wilmington Regulatory Field Office Maria Dunn, NCWRC Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file Filename: 201007400Scotts Hill Marina IWQC PendCo Dec.23 North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NORTHCAROLINq ^�\\ 910.796.7215 nape m m E .nmamm quay B&M Holdings, LLC - Scotts Hill Marina DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF DWR#201007400 Individual Certification#WQC006507 Page 4 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC006507 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 Jeb Bradshaw and B&M Holdings, LLC„ who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on November 11, 2023 and by Public Notice issued by the Division of Coastal Management on August 8, 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 associated with the replacement of the existing pier, floating docks, breakwater and dolphin piles are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Amount Approved Plan Location or Permanent Temporary Reference Open Waters Maintenance N/A 1.744 acres Excavation and (+/- 76,000 sq. ft.) Reconfiguration of marina basin Riparian Wetlands Bulkhead Backfill 0.004 acres N/A (+/- 210 sq.ft.) Highground Excavation Expansion of Marina 0.119 acres N/A Basin (+/- 5,200 sq.ft.) This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. 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 saltwater 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 North Carolina Department of Environmental Quality I Division of Water Resources D � ��� 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NCRTHCARCLINA n.w� ma�mA��md wai� 910.796.7215 B&M Holdings, LLC - Scotts Hill Marina DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF DWR#20100740v3 Individual Certification#WQC006507 Page 5 of 10 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. 2. Canals or boat basins shall not be dredged beyond their original depth and width. In this case the waters within the access channel maintenance area are authorized to a maximum width of 75 feet and a maximum depth of -5 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. Please note that the area surrounding the access channel and floating dock oriented perpendicular to the AIWW channel contain submerged aquatic vegetation (SAVs). No impacts to SAVs are authorized by this certification outside the approved impacts specified herein. Citation: 15A NCAC 07H .0208 (a)(6) 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. 4. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards for Class SC Waters. (12) 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; (19) 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 028.0220 North Carolina Department of Environmental Quality I Division of Water Resources D � ��� 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NORTHCARCUNA n.w� ma�mA��md wai� 910.796.7215 DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF B&M Holdings, LLC - Scotts Hill Marina DWR#20100740v3 Individual Certification#WQC006507 Page 6 of 10 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. The docking facility is permitted for a maximum of 75 of slips. Dockage of vessels other than the 75 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 xx number of 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. 6. The construction of the docking facility may not cause any additional closure of shellfishing waters by Shellfish Sanitation as this would be considered a violation of 15A NCAC 0213.0201(f) and 15A NCAC 02B.0221(1). Citation: 15A NCACO28.0201(f) and 15A NCACO28.0221(1)] 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. 7. All bulkhead backfill material shall be obtained from a high ground source and confined landward of the permitted bulkhead. The permitted bulkhead is authorized a maximum of 2 feet waterward of the existing 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. D � ��� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NORTHCARCLINA 910.796.7215 n.w� ma�mA��md wai� DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF B&M Holdings, LLC - Scotts Hill Marina DWR#20100740v3 Individual Certification#WQC006507 Page 7 of 10 8. 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. 9. 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. 10. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 11. 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). D � ��� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NCRTHCARCLINA 910.796.7215 n.w� ma�mA��md wai� B&M Holdings, LLC - Scotts Hill Marina DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF DWR#201007400 Individual Certification#WQC006507 Page 8 of 10 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. 12. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 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. 13. 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 uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. D � ��� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NCRTHCARCUNA 910.796.7215 n.w� ma�mA��md wai� DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF B&M Holdings, LLC - Scotts Hill Marina DWR#20100740v3 Individual Certification#WQC006507 Page 9 of 10 Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028.0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 15. 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. 16. 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. 17. 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. D � ��� North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NORTHCARCUNA 910.796.7215 n.w� ma�mA��md wai� DocuSign Envelope ID: 251872C3-E474-444F-B183-CF86AD5971AF B&M Holdings, LLC - Scotts Hill Marina DWR#20100740v3 Individual Certification#WQC006507 Page 10 of 10 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 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 20th day of December 2023 1MDocuSigned by: 855490F62DED464_ 6Vti G Sa —�Cl" Morella Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO North Carolina Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext. Wilmington, North Carolina 28405-5406 NORTHCAROLINq ^�\\ 910.796.7215 nape m m E .nmamm quay - r « w'- k. Hwy 17 STILWELL JOSEPH H JR \ k 'r SUBJECT PROPERTY—p�,�,' SCOTTS HILL MARINA � ` 212 SIMMONS DRIVE rl WILMINGTON NC 28411 or 2570 SCOTTS HILL LOOP ROAD . �� �` ,��• 7 �`"� r ;1 210 SIMMONS DRIVE �F WILMINGTON NC 28411 't►' ire ,'dt� ,'� ,'"�'"�.y :4r r ��, �-,;�i "� s jScotts Hill Site s Loop Road Site Location Map V OOA ti'; S/tij a*, NTS 4, + . a .ti "`" h Riparian Corridor Setback eN , P J 3 CAMA Buffer r 75' AEC �'p��, , � •�� \� `� ;� , � � ,, �. 575' AEC ,3 i. c `•!'" $':. :, a ';r i a' Mean High Water �:� w• r • ,a , .4� ORW 3 "+ y , _ \ W fl / HARDIN TONI B.:. E USACE Navigation Channel 2524 SCOTTS HILL LOOP ROAD `�'•' g �'�/► ,. ,: WILMINGTON NC 28411 or - ,. 108 SIR WALTER COURT # - HAMPSTEAD NC 28443 ` .Y f Marsh f USACE Setback ppx Outer Edge o IF USACE ROW Legend NOTES: Survey Boundary -- -- -- -- — 1. 2019 PARCELS FROM NCONEMAP. 2023 AERIAL FROM NEARMAP. Tax Parcels 2. SURVEY BOUNDARY BELOW MHW NOT SHOWN. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. � Riparian Corridor — — — — — — — — — — — 3. WIDTH OF WATER BODY IS APPROXIMATELY 630'. Project: Date: Revision Date: 4. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. DA 10/17/2023 NA 15' Setback ----------- 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Scotts Hill Marina USACE Navigation Channel 75' AEC ...................... USACE Setback 575' AEC Resource Group e Title: scale: o um 1"=150' DRGNCW23.028 USACE Right of Way 30' CAMA Buffer -- -- -- -- — 0 75 150 300 3805 Wrightsville Ave Suite 15 Existing Conditions Drawn By: Sheet Number: Wilmington, North Carolina 28403 and Site Location WAD 1 of 10 Mean High Water Appx. Outer Edge of Marsh ----------- 910-452-0001 \Users\wd0009\Desktop\Scotts Hill Marina.dwq Existing Gravel to Concrete'' or Asphalt (-30,000 sq ft) =.� Survey Boundary .r►�.� A&I-,, 30' CAMA Buffer Proposed Bulkhead Replacement • ,:;��,,` 1' Wide x 712' Long (In Existing Footprint) Existing Bulkhead ��, Existing Building : i . ' r� •; (-4,000 sq ft) ' ; k1• '' { and Pervious Deck , Mean High Water f • Legend Survey Boundary Tax Parcels Riparian Corridor 15' Setback Existing Bulkhead Proposed Bulkhead Proposed Bulkhead (In Place) Mean High Water `Not''*' P 1 Fink.. Existing Gravel to 5' Grass Buffer (-2,700 sq ft) Proposed 1' Wide x 35' Wingwall on Property Line (45 sq ft of Upland Fill) -• <C ice` Jof � Coastal Wetland Line C. �P Riparian Corridor -� Proposed Bulkhead 1' Wide x 105' Long and 15' Setback (2' Waterward from Existing = 210 sq ft Coastal Wetland Fill) j orb i� j .. Appx. Outer Edge of Marsh Existing Floating Docks to be Replaced in Existing Footprint as Needed: - 8' Wide x 74' Long - 8' Wide x 280' Long with (9) 5' Wide x 28' Long Fingers - 6' Wide x 322' Long with (3) 5' Wide x 16' Long Fingers NOTES: 1. 2019 PARCELS FROM NCONEMAP. 2023 AERIAL FROM NEARMAP. 2. SURVEY BOUNDARY BELOW MHW NOT SHOWN. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. 3. COASTAL WETLAND LINE APPROVED BY DCM STAFF AUGUST 16, 2023. 4. WIDTH OF WATER BODY IS APPROXIMATELY 630'. 5. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. — — — — — — — — — — — 6. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Coastal Wetland Line 75' AEC ---------------------- 30' CAMA Buffer _ _ _ _ _ _ _ _ _ 0 15 30 60 Appx. Outer Edge of Marsh ----------- 1 Project: Date: Revision Date: 10/17/2023 NA DAVEY Scotts Hill Marina Scale: Job Number: Resource Group 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 1"=30' DRGNCW23.028 Title: Plan View (1) - Proposed Restaurant Bulkhead Drawn By: WAD Sheet Number: 2 of 10 30' CAMA Buffer Existing Building and Deck Existing Bulkhead ' I `� A..... .. .....E ...... U Mean High Water A' Coastal Wetland Line Proposed Bulkhead 1' Wide x 105' Long (2' Waterward from Existing = 210 sq ft r Coastal Wetland Fill) Coastal Wetland Line Mean High Water 10 10 8 8 6 6 4 —35 CU YD of Sand Backfill MHW 4 2 2 0 0 _2 _2 Existing Bulkhead -4 -4 -6 Proposed Bulkhead 1' Wide x 105' Long _6 -8 (2' Waterward from Existing = 210 sq ft Existing Grade _g Coastal Wetland Fill) 0+00 0+10 0+20 0+30 0+40 Lend NOTES: Existing Bulkhead / Coastal Wetland Line — 1. 2. 2019 PARCELS FROM NCONEMAP. SURVEY BOUNDARY BELOW MHW NOT SHOWN. WIDTH OF WATER BODY IS APPROXIMATELY 630'. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. Proposed Bulkhead 3. COASTAL WETLAND LINE APPROVED BY DCM STAFF AUGUST 16, 2023. Mean High Water 4. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. 5. HYDROGRAPHIC SURVEY FROM TI COASTAL SERVICES, INC. COLLECTED JANUARY 31 AND FEBRUARY 2 AND REPRESENT CONDITIONS PRESENT Outer Edge of Marsh AT THAT TIME. RELATIVE TO MEAN LOW WATER NAVD 88. Coastal Wetland Line 6. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. All DAVEY11. Resource Group 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 Outer Edge of Marsh F�� Project: Scotts Hill Marina Title: Profile View A 0 2.5 5 10 iiiiii Vertical and Horizontal Date: 10/17/2023 Scale: As Noted Drawn By: WAD Revision Date: NA Job Number: DRGNCW23.028 Sheet Number: 3of10 --Nm s-t AR� Proposed Retaining Wall (1' Wide x 156' Long) _ Survey Boundary - Existing Bulkhead ,.. ' • } 'Proposed Floating Dock (8' Wide x 240' Long Existing Gravel to 5' with (9) 4' Wide x 24' Long Fingers) Mean High Water ;'• ''' Proposed Bulkhead Replacement '-Grass Buffer (-2,700 sq ft) 1' Wide x 712' LongOi `:. (In Existing Footprint) :� > Existing Concrete <• , ..% „ _A. :. .. �10 500 s ft ExistingGravel to to be Replaced) 's! �' - ` . Concrete or Asphalt (-30,000 sq ft) ! ' Proposed Floating Dock I— — — _ - --"1:16111 \��. (4' Wide x 52' Long) - ' I �"- �- . — _ _ ♦ _ _ ♦ 'i,, Proposed Access Pier "�' <<,�; I I }' I I r 4 •�' , (4' Wide x 56' Long) - _ Proposed Bulkhead 1' Wide x 54' Long Proposed Bulkhead Replacement t • (2' Waterward from Existing = 108 sq ft 1 Wide x 32 Long Existing Floating Dock (to be removed) } •+ Open Water Fill)i (In Existing Footprint) I Proposed Floating Dock (8' Wide x 316' Long with Existing Grass to Concrete MWIf ..- 'r icy ! ems.• 0-- Alm ter. �, •, r Proposed 75 AEC l . Proposed Dry Stack Storage Rack (12.5' Wide x 102' Long x 35' Tall) Legend Survey Boundary=0rarai��ira� Tax Parcels Riparian Corridor ---- 15' Setback ---- Existing Bulkhead Proposed Bulkhead Proposed Bulkhead (In Place) Mean High Water (11) 4 Wide x 24 Long Fingers) Of lap Proposed Boatlift (12.5' x 12.5 on center) �_ . B Existing Gravel to 5' Grass Buffer (-1,500 sq ft) - _ Upland Gravel Excavation (-•5,200 sq ft to -0' MLW) d 30' CAMA Buffer W- 1 Existing Retaining Wall NOTES: 1. 2019 PARCELS FROM NCONEMAP. 2023 AERIAL FROM NEARMAP. 2. SURVEY BOUNDARY BELOW MHW NOT SHOWN. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. 3. WIDTH OF WATER BODY IS APPROXIMATELY 630'. 4. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. 575' AEC 75' AEC (Proposed) ...................... 30' CAMA Buffer (Proposed) -- -- -- -- — 0 15 30 60 Appx. Outer Edge of Marsh----------- 575' AEC Propose DAVEY11. Resource Group 3805 Wrightsville Ave Suite 15 Wilmington, North Carolina 28403 910-452-0001 ►_ 1 Project: Date: Revision Date: Scotts Hill Marina 1 10/17/2023 NA Title: Plan View (2.1) - Proposed Docks, Bulkhead, �Dra-wnBy: Storage Rack, Boat Lift 1"=30' DRGNCW23.028 Sheet Number: WAD 4 of 10 ' -- 30' CAMA Buffer Proposed Retaining Wall , (1' Wide x 156' Long) 1.Survey Boundary ` .:;, •'' ;;,._� __;�` �'' :' _ ;'`; Existing Bulkhead :> ' . Y ',.. ' • y' . t ' , P d B Ikh AO I t r"'` Existing Gravel to 5' ' Proposed Floating Dock (8' Wide x 240' Long with (9) 4' Wide x 24' Long Fingers) Mean High Water i ' ' •r. l' ' ropose u ea ep acemen ` Grass Buffer 2 700 s ft (- q ) r t. y' ; t 1 1 Wide x 712 Long _ ��.f' • ::: i'�, " (In Existing Footprint) ' -�",; Existing Concrete ., •' -10 500 sq ft) Existing Gravel to - to be Replaced — — Concrete or Asphalt (-30,000 sq ft) ,' , Proposed Floating Dock — — r .; • • .:- t' ' (4 Wide x 52 Long) Proposed Access Pier (4' Wide x 56' Long) _ I I I I I I I I I I I fit'• ; ,•3 '1••„ '�'. U U Proposed Bulkhead 1' Wide x 54' Long Existing Floating Dock (to be removed) y (2' Waterward from Existing = 108 sq ft Proposed Bulkhead Replacement } • �.- Open Water Fill) 1 Wide x 32 Long Y- - , _ y(In Existing Footprint) Proposed Floating Dock (8' Wide x 316' Long with Existing Grass to Concrete (11) 4' Wide x 24' Long Fingers) ; Forklift Drop (-3,100 sq ft) ' Proposed Bulkhead 1' Wide x 390' Long B .. ' ,� ' , Proposed Boatlift \ :'; ' ' ; •` n ; (12.5' x 12.5 on center) Existing Gravel to , 17. l 1 I 1 Concrete or Asphalt (-•'47,500 sq ft) Existing Gravel to 5' Grass Buffer (-1,500 sq ft) -_ Proposed 75 AEC --------------- Upland Gravel Excavation (-5,200 sq ft to -0' MLW) -- Proposed Dry Stack Storage Rack ; • ; ,' ' . ; 575 AEC (12.5' Wide x 102' Long x 35' Tall) . " • ' `• ' • Proposed 30' CAMA Buffer Existing Retaining Wall _ Legend NOTES: Survey Boundary 1. 2019 PARCELS FROM NCONEMAP. Tax Parcels 2. SURVEY BOUNDARY BELOW MHW NOT SHOWN. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. Riparian Corridor — — — — — — — — — — 3. WIDTH OF WATER BODY IS APPROXIMATELY 630'. — 4. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. Project: Date: Revision Date: 10/17/2023 NA 15' Setback — — — — — — — — — — — 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. DAV mY#. Scotts Hill Marina Existing Bulkhead 575' AEC Scale: Job Number: Bulkhead d B Proposed d p 75' AEC (Proposed) ( p ) -- ""' ' ""' ' "" Resource Group p Title: 1"=30' DRGNCW23.028 Plan View (2.2) - Proposed Bulkhead (In Place) 30' CAMA Buffer (Proposed) -- -- -- -- — 0 15 30 60 3805 Wrightsville Ave Suite 15 Proposed Docks, Bulkhead, Drawn By: Sheet Number: Mean High Water Appx. Outer Edge of Marsh -- --------- Wilmington, North Carolina 28403 910-452-0001 Storage Rack, Boat Lift WAD 5 of 10 30' CAMA Buffer Existing Retaining Wall - �; > ton ' Proposed Upland Excavation Existing Floating Dock are feet) (to be removed) squME 4 Proposed 5 Grassed Buffer IIIN M: I ■ I i Proposed Bulkhead p v �■ �■ ` Proposed Maintenance Dredge Area (-76,000 square feet to -5' MLW) Proposed Upland Excavation oFloating Dock T.Pr �; Proposed Floating Dock-� ■ -posed Existing Retaining Wall Proposed Upland Excavation Proposed Floating Dock Proposed 5' Grassed Buffer (-1,700 CU YD to 0' MLW) Existing Bulkhead Existing Floating Dock P10 Proposed Bulkhead (to be removed) (to be removed) 10 8 8 6 6 �- - - - - - -- ------ ------------ ------------------- ------------ -------------- --- -- ------------------ ----------- ----------------- --------------------- --------------------- ---------------- ------------- ------ -------------------- --------------- -------------------- ------------------ - - - - -------------------- ------- - - 2 •---- -- -- ------ ----------- ------------ -- ------------=---- ----=----=----------- -------=----=----=-- -- 2 Existing Grade M 0 MLW 0 �> _2 _2 -4 NV -4 -6 -6 -8 Proposed Dredge Area 1 Proposed Maintenance Dredge -8 (-1,000 CU YD to -5' MLW) Proposed Grade Area (-6,500 CU YD to -5' MLW) I 0+00 0+10 0+20 0+30 0+40 0+I50 0+I60 0 2.5 5 10 iiiia Vertical and Horizontal Lend NOTES: Existing Bulkhead g 1. 2019 PARCELS FROM NCONEMAP. 2023 AERIAL FROM NEARMAP. 2. WIDTH OF WATER BODY IS APPROXIMATELY 630'. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. Proposed Bulkhead 3. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. 4. HYDROGRAPHIC SURVEY FROM TI COASTAL SERVICES, INC. COLLECTED JANUARY 31 AND FEBRUARY 2 AND REPRESENT CONDITIONS PRESENT Project: Date: Revision Date: Existing Floating Dock (to be removed) •""••••••••••••••••• AT THAT TIME. RELATIVE TO MEAN LOW WATER NAVD 88. 10/17/2023 NA Scotts Hill Marino ...................... 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. Proposed Floating Dock �A� e Scale: Job Number: Proposed 5' Grassed Buffer ResourceAs Noted DRGNCW23.028 Group Title: up Proposed Upland Excavation Proposed Dredge Area 3A WrightsvilleSuite Profile View B Drawn By: Sheet Number: Wilmington, North Carolina 28403 WAD 6 of 10 910452-0001 C:\Users\wo0009\Desktop\8cotts Hill Marma.owg _.'.. Survey Boundary 4RE7 xisting Gravel to Concrete or Asphalt (�47,500 sq ft) Existing Gravel to 5' Grass Buffer (-2,700 sq ft) Existing Boat Storage Racks' + yyF ;_ ` K Existing Gravel to Concrete or Asphalt (-30,000 sq ft) ,* Riparian Corridor 06and 15' Setback AM Building (-4,000 sq ft) W. and Pervious Deck LIL 44 a Existing Concrete rj,'.'"':i l 1`. J , w +, rf .: -:•1.. r.�„'i: ,:=Y ,'"'' -, i:'.r-1.'i t'':,r%:'^ i ,. a, ♦. i:.. n t.i.. S t•. ,- -1 ^t�., f - '•'� .rr: (-10 500 sq ft) i:a: .;T"fYfJ'�:.i•u•i. i. `..C`r .4,, ••f f:1:r 6�-•{:i.f.'� '} i`•;4.�;�r• ,a,..: :�: ..ems r Y •t •J• �`• '•�s .1:,,' `'', f:L. r '•f'1 �' ,L .. , f.,:7;r«'ti.�." t'<<rt. to be Replaced , 1'i••:r )�� r!� • •; y' ,.r!: ,;T•', �-•.ti-'S�;: if i•f,..+.• i.t •A.l.: '.:,. ••i :.:L' .1.+ .r,p'r j:l. �^'j•= jt� •/: '.•�'•''t-'':. =�4 •. r.•,t • f,t....'•' -_ ' t. : '... �i /., :.y <.. ,•(..' 'r r }�+•" 0 /i.. ,. 1. /'rf �''.l :' r^�•! rl,r n'r:•. :w.l •!iiT !ate•✓. .�1 • � •. {::�L•',i. •'''••4«I: :. +/ .r: �.. ♦%:.4-•'.4Y. .:t,.:+ ,.S. i:i.a., ,t• y}�., �J.+.. •4,� ,,%Y.. u'1• yJ^�•- ,fl..r:?•{.:r.,_r .i,•. rv,.s...-•-7 - .. •+,:'. •i•t.'.i •`.i.: ..... , Yr«�"1i 4.`r.rr. i . �: a:.. ky !i' _.•X ":. .✓!.I•j G+: ..•y.!Y y'.. ~r!S �•',.I v��.:, r!'.• �:. `4. y;t �... +}; y�'�:r:=•r.�:;?� •- 4 � r% %:•` ,..h i r'f�:y' .. l ffy �• f.t-: .. ayr• , Y.• ' 1 .. ri� :.'_�r-' .e ..•r'l. P,,.. •,: � � � � s �1t.ii..aj+'�} t lr. '-'}:•'i I ' .. .+.: •_�IT•:"iw• J•L' nv b' L•+•'r � , i1 r ,. •.,�•.f":r ,� �ti . I r y'e :ri 's, 1` •L 1 Ir•i •. ;�'i��t:��,r ,, ,,.r..v^}•:,,,,;.. A,, ` , -+ I" i" Existing Grass to Concrete -3,100 sq , AP Sc f ' i:+• �,,,. r,i ' '`,fA4. �µ:�•,:? _ -- '- -1�,' J `- rat.. l':, .'; ,� yl, ' : • / -yam ORW 75' AEC ;a Existing Gravel to 51 - Grass Buffer -1,500 sq ft) d x. •�3 f. .� Appx. Outer Edge of Marsh low 575' AEC V Mean High Water 4 Proposed 30' CAMA Buffer \ J USACE Right of Way Legend NOTES: Survey Boundary 1. 2019 PARCELS FROM NCONEMAP. 2023 AERIAL FROM NEARMAP. Tax Parcels 2 SURVEY BOUNDARY BELOW MHW NOT SHOWN. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. 3. WIDTH OF WATER BODY IS APPROXIMATELY 630'. Riparian Corridor -----------4. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. Project: Date: Revision Date: 15' Setback ----------- 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. DAV mY#. Scotts Hill Marina 10/17/2023 NA Existing Bulkhead 575' AEC Scale: Job Number: Proposed Bulkhead 75' AEC (Proposed) ......................Resource Group Title: Plan View (3)- 1"=80' DRGNCW23.028 Proposed Bulkhead (In Place) 30' CAMA Buffer (Proposed) -- -- -- -- — 0 40 80 160 3805 Wrightsville Ave Suite 15 Proposed Concrete Drawn By: Sheet Number: --------- Wilmington, North Carolina 28403 or Asphalt WAD 7 of 10 Mean High Water Appx. Outer Edge of Marsh -- 910-452-0001 C:\Users\wd0009\Desktop\Scotts Hill Marina.dwg Survey Boundary Existing Drystacks ------------------- Proposed Bulkhead (in place) r { I C \ _ I � I 75 Existing Bulkhead 7 �. --- Proposed Bulkhead U� Ll I I I\ / I < I11 '-• 1+00 2+00 \ LJ It \\I I \ 1 Proposed Drystack Proposed 75' AEC Proposed 30' CAMA Buffer 575' AEC - I USACE ROW - USACE Setback �\ USACE Navigation Channel Mean High Water I I Appx. Outer Edge of Marsh I � Riparian Corridor ' and 15' Setback I � \ Existing Floating Docks to be Replaced -- ----_ `> in Existing Footprint as Needed: - 8' Wide x 74' Long - 8' Wide x 280' Long with (9) 5' Wide x 28' Long Fingers l -- - 6' Wide x 322' Long with (3) 5' Wide x 16' Long Fingers iT 1_ 5+00 6+00 SIC 1 1 9,00 "\\ \\ _ \ Upland Gravel Excavation (--5,207Floating ) Propoa (-5,20W)\� Proposed Maintenance Dredge Area Bulkheaock (-76,000 sq ft to -5' MLW) I I I I I I I --IT 10-00 �D [:T 11+00 —I CI a ICJ Legend NOTES: Survey Boundary 1. 2019 PARCELS FROM NCONEMAP. SURVEY BOUNDARY BELOW MHW NOT SHOWN. Y Y 2. WIDTH OF WATER BODY IS APPROXIMATELY 630'. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. Tax Parcels 3. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. Riparian Corridor — — — — — — — — — — — I 4. HYDROGRAPHIC SURVEY FROM TI COASTAL SERVICES, INC. COLLECTED JANUARY 31 AND FEBRUARY 2 AND REPRESENT CONDITIONS PRESENT Project: Date: Revision Date: AT THAT TIME. RELATIVE TO MEAN LOW WATER NAVD 88. 10/17/2023 NA 15' Setback ----------- 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. DAV mY Scotts Hill Marina Existing Bulkhead 575' AEC Scale: Job Number: 1"=80' DRGNCW23.028 Proposed Bulkhead 75' AEC (Proposed) -- -------------- Resource Group Title: Proposed Bulkhead (In Place) 30' CAMA Buffer (Proposed) -- -- — 0 40 80 160 3805 Wrightsville Ave Suite 15 Plan View (4) - Drawn By: Sheet Number: Wilmington, North Carolina 28403 Proposed Dredge Area WAD 8 of 10 Mean High Water Appx. 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JJ�.' ,r_I�1/•*���■��■�■jj /_05!^o 1�1�%■ ■ham`` 1// ■/■ ■1 1;MOON 1/ 19■ 31p��/• 00 -eil- M ■1/1 ■■■ /// •-,��I����� •��C'HkIJ- �w D%� ,G pir■■■WO 1/IIK.:�-1:A��N %��W �r�CY.J+��••a������■j■�o/�■W■I�Aj■�/■■�% 1m\/\I�i�/�i�\i�i�!■�C�f1��--__ J ■�■ -• iiiiiei:11w,r e�� nn����:Q!R l <'_' _l _ �_h�i t �:u� A ILA IhJj�//1/Ij-'�■■.�11�1/1// �i���i►ims- �-11 ■■/_■�\I r` - _. - i!I ■■/�-/���■i: �1O�_■per _ SC OR � ~I�i.Y� _ _ ,..: _ 15 GYM USACE Setback Proposed Upland Excavation - -'"'�+ - -._ __-- -- -- -- -- USACE Right of Wa (--1,700 CU YD to 0 MLW) �- -. Proposed Dredge Area (�1,000 CU YD to -5 MLW) g Y _ �+ USACE Right of Way USACE Navigation Channel USACE Setback CPR Station 1 0 0 lam^ 3+00 5+00 6+nn '1yn0 Existing Grade m < \ m � 0 _10- Proposed Grade Proposed Maintenance Dredge Area (--6,500 CU YD to -5' MLW) Proposed Grade Extends to -5' MLW at Time of Construction -'' 20 3 00 11 00 ^'^^ *UU 9+00 10+00 0 5 10 20 iiiiii Vertical 0 40 80 160 iiiia Horizontal Lend NOTES: 1. 2019 PARCELS FROM NCONEMAP. 2023 AERIAL FROM NEARMAP. SURVEY BOUNDARY BELOW MHW NOT SHOWN. Existing Bulkhead 2. WIDTH OF WATER BODY IS APPROXIMATELY 630'. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. Proposed Bulkhead 3. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. 4. HYDROGRAPHIC SURVEY FROM TI COASTAL SERVICES, INC. COLLECTED JANUARY 31 AND FEBRUARY 2 AND REPRESENT CONDITIONS PRESENT Project: Date: Existing Floating Dock (to be removed) AT THAT TIME. RELATIVE TO MEAN LOW WATER NAVD 88. 10/17/2023 Revision Date: NA Scotts Hill Marina Proposed Floating Dock 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. DAVEY a Scale: Proposed 5' Grassed Buffer As Noted Resource Group Title: Job Number: DRGNCW23.028 Proposed Upland Excavation / Dredge Area p p g 3805 Wrightsville Ave Suite 15 Profile View C Drawn By: Sheet Number: Proposed Maintenance Dredge Area Wilmington, North Carolina 28403 WAD 9 of 10 910452-0001 C:\Users\wo0009\Desktop\8cotts Hill Marma.owg ------------------- Proposed Bulkhead (in place) 1 � 1 1 1 I / 1 I 1 75 Survey Boundary ) USACE ROW Existing Drystacks Existing Bulkhead I 24 26 26 2 I Proposed Bulkhead 28 29 30 31 32 33 34 35I I 1 L/ 36 37 38 39 40 41 42 i 43 \ I \ 3 4 6 6 46 I ' 13 - 1 1- n O / Proposed Drystack Proposed 75' AEC 575' AEC — Proposed 30' CAMA Buffer J \ *67 Total Slips Existing, 75 Total Slips Proposed USACE Setback USACE Navigation Chai Mean High Water Appx. Outer Edg r Ri ' ar I t i I i I -- NO DOCKING PROPOSED OR ALLOWED 7 Existing Floating Dock (33 Temporary Slips for Loading and Unloading Only, Slips 42-74)1 �. SC ORW U U. Proposed Boatlift ; -- (12.5' x 12.5 on center) \�\ Proposed Upland Excavation `\ and Dredge Area (-5,200 sq ft to -5' MLW) Bulkhead and Floating Dock I I I I I 1011 u Legend d NOTES: Survey Boundary 1. 2019 PARCELS FROM NCONEMAP. SURVEY BOUNDARY BELOW MHW NOT SHOWN. Y Y 2. WIDTH OF WATER BODY IS APPROXIMATELY 630'. LENGTH OF SHORELINE AT MEAN HIGH WATER IS 1,4301. Tax Parcels 3. BASE CAD FILE AND MEAN HIGH WATER FROM ESP ASSOCIATES INC. COLLECTED MARCH 2O23 RELATIVE TO MLW NAVD 88. Riparian Corridor — — — — — — — — — — — 4. HYDROGRAPHIC SURVEY FROM TI COASTAL SERVICES, INC. COLLECTED JANUARY 31 AND FEBRUARY 2 AND REPRESENT CONDITIONS PRESENT Project: 1 Date: Revision Date: AT THAT TIME. RELATIVE TO MEAN LOW WATER NAVD 88. 10/17/2023 NA 15' Setback ----------- 5. NOT A SURVEYED OR ENGINEERED DRAWING. FOR ENVIRONMENTAL PERMITTING ONLY. DAV mY Scotts Hill Marina Existing Bulkhead 575' AEC Scale: Job Number: Proposed Bulkhead 75' AEC (Proposed) ------------ Resource Group Title: 1"=80' DRGNCW23.028 Proposed Bulkhead (In Place) -- -- 30' CAMA Buffer (Proposed) -- -- — 0 40 80 160 3805 Wrightsville Ave Suite 15 Plan View (5) - Drawn By: Sheet Number: Mean High Water Appx. Outer Edge of Marsh — — — — — — — — — — — iiiiii Wilmington, North Carolina 28403 910-452-0001 Proposed Slip Count WAD 10 of 10