20110410 Ver 3_WILMINGTON #90622 v1 _Letter_20160817

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")MI'll 1M001'U
LEATHERWOOD
AT TOR t I E Y 5 AT L AW
August 17, 2016
VIA FEDE.X and E` -MAIL: Karen.1-liggins@nederingov
Karen A. Higgins, Supervisor
N.C. Dept. of Environmental Quality - Water Quality
512 N. Salisbury St.
9th. Floor, Suite 9424
Raleigh, NC 27604
Re: LAMA Permit Application Submittal for Bailey and Associates, Inc.
Grand View Community Marina
202 Summer Rest Road, Wilmington, New Hanover County, NC
Client -Matter No. 0501965 1.000001
Dear Ms. Higgins:
101 N. Third Street
Suite 400
Wilmington, NC 28401
With regard to the above -referenced matter, please accept the following on behalf of my
client, Bailey and Associates, Inc. (the Applicant), in response to a letter from SEPI Engineering
& Construction, Inc. to Town of Wrightsville Beach ("Town") Manager Tim Owens dated
July 28, 2016 (the "7/28/16 SEPI Letter"), which letter I understand the Town sent to NCDEQ-
DCM in opposition to my client's CAMA Permit Application.
Foremost, as stated in NCDEQ-DWR Regional Supervisor Jim Gregson's response letter
to Mr. Owens dated August 5, 2016 (copy attached hereto as Exhibit "A"), there is a major
inconsistency in the 7/28/16 SEPI Letter and all other information in NCDEQs files regarding
the type of NEI pipe material in the subject area, Specifically, Mr. Gregson states: "After
reviewing the [SEPI] letter above, all other ilffiormation within our files, and communicating
with the original contractor who installed this portion of the NEI, there appears to be an
inconsistency pertaining to the type of material the NEI is made of in the area of the AIWW
crossing." (J. Gregson 8/5/16 letter to T. Owens) (the "8/5/16 NCDEQ-DWR Letter") (emphasis
added). As further noted by Mr. Gregson, the 7/28/16 SEPI Letter states "that the pipe in this
area is 14 -inch ductile iron pipe (DIP) ii,hemas other corresI)onclenceftom past stq#'q1'the Toii,n
in(licates that the pipe is 14 -inch TIDPE" (8/5/16 NCDEQ-DWR Letter) (emphasis added).
Much of the analysis in the 7/28/16 SEPI Engineering Letter is predicate(] upon the
unsupported conclusion that the NEI in this area is constructed of 14 -inch DIP. Not only is this
assertion regarding the NEI pipe material inconsistent with all other information in NCDEQ's
files, including past correspondence from Town staff, this assertion is directly contrary to
Matthew A. Nichols I Direct: 9 10.8 15.7 132 1 n)[e-mail] I www.smithmoorelaw.com
ATLANTA I CHARLESTON I CHARLOTTE I GREENSBORO I GREENVILLE I RALEIGH I WILMINGTON

Karen A, Higgins, Supervisor
N.C. Dept, of Diviromimital Quality - Water Quality
August 17, 2016
Page 2
statements from my client's consultant, Jim Batey with Zulu Marine Services, who has
confirmed that the pipe lie inspected was HP plastic pipe. (Please see Exhibit "B" attached
Hereto.) Mr. Batey can be contacted directly at [phone] (office), or [phone]
(mobile), or via e-mail at [e-mail]. Additionally, my client's surveyor, Daniel S.
Norinfle, PLS, with Johnny J. Williams Land Surveying, P.C., has stated that, to the best of his
recollection, the NEI pipe material is PVC, Mr, Normile can be contacted directly at (910) 298-
8272, or via e-mail at [e-mail]. (Please see Exhibit IT" attached hereto,)
The unsupported conclusion regarding the NEI pipe material in this report frown the
Town's consultant also highlights the problem with the Town's purported "Easement" document
itself, which document is referenced in and attached to my previous correspondence dated July
28, 2016 to NCDEQ-DCM Director Braxton Davis, Mr. Huggett and Mr. Mairs. I have attached
Hereto as Exhibit I'D" for your reference a copy of the same unrecorded Easement document
provided by the Town.
Specifically, the exhibits attached to the Town's 30+ year-old unrecorded "Easement"
document, which bears no original signatures, appear on their face to be incomplete. The first
diagram attachment to the Easement document begins with "Site 'B"' and indicates that it is
"Sheet 2 of 3". We have not been provided with Sheet 1 of 3 by the Town, or any information
related to the referenced "Site 'A"', assuming it exists.' The absence of Sheet I is important
because the "Technical Data Site T... information listed on the first diagram to the Easement
document, which is the Profile A1W.W. Crossing for the subject portion of the NEI, specifically
points to the Site "A" Crossing, which is not attached to the copy of the unrecorded Easement
document provided by the Town. That first diagram states in part under the heading "Technical
Data Site 'C"' as follows: "All other factors & conditions are the same as Site 'A' Crossing,"'
Furthermore, it is significant to note that the Site "D" Bradley Creek Crossing sheet on this same
Easement document indicates that polyethylene pipe material was in use during this time period
and was used on part of this same project. (Please see 2" d diagram attached to Unrecorded
"Easement" document.)
1 Without a copy of the recorded Easement bearing original Signatures, there is no way to confirm
that this (10CUInCut is the complete or final (10CUrnent. Again, the Town has produced nothing iii
response to my client's Public Records request to the Town dated November 14, 2014, a copy of
which is attached as Exhibit "I" to my above -referenced previous correspondence to NCDEQ dated
July 28, 2016.

Karen A. Higgins, Supervisor
N.C. Dept. of Enviroinnentat Quality - Water Quality
August 17, 2016
Page 3
In short, my client—the Applicant and riparian property owner --remains very concerned
that the Town would proffer the 7/28/16 SEPI Letter containing such apparent inconsistences to
NCDEQ in its opposition to this LAMA Permit Application, particularly in light of the
foregoing.
Additionally, please find attached hereto as Exhibit "E" a follow-up letter from any
client's engineer, Charles D. Cazier, P.E., with Intracoastal Engineering PLLC, which also
addresses the NEI pipe construction inconsistency in the 7/28/16 SEPI Letter and a number of
other inconsistencies in the SEPI report advanced by the Town.
Attached hereto as Exhibit "F" is a letter dated August 10, 2016, from my client's
Environmental Consultant, Steve Morrison, with Land Management Group, in response to the
7/28/16 SEPI Letter. Mr, Morrison's letter addresses inconsistences in the 7/28/16 SEPI Letter,
including the issue of the boundary of the riparian corridor and setback as shown on the plans.
Also, I would like to clarify a point made in the third paragraph on page 8 of in), 7/28/16
letter to Messrs. Davis, Huggett and Mat -is regarding comments made by Steve Dellies, Assistant
to the Director of Public Works for the Town of Wrightsville Beach, at a November 13, 2014
Town Board of Aldermen Regular Meeting, From the audio available from that Meeting, it
appears that Mr. Dellies, prior to addressing the Board at the podium, states in part: "That line
was reconditioned in 2007. It was redone all the way Lip to Bradley Creek. So, interior -wise it's
in fairly good shape." This conurient is made beginning at the approximate 2:27:40 minute mark
of that Town Meeting. More generally, the complete video of that Town Meeting is available at
the Town' s official website: httl)://www.towiiof�Nriv-litsvillebeach.coiii/AgeiidaCeiiter/Board-of-
Aldermen-2. The discussion of this particular item generally begins at the approximate 1:59:50
minute mark and concludes at the approximate 2:31:42 minute mark of the Town's video
archives of that Meeting,
Last, also attached hereto as Exhibit "G" is an August 11, 2016 letter from Tyler
Crnmbley, USACE PrQject Manager, to Chris Bailey,
To the extent that the attached materials do not address any other issues raised in the
7/28/16 SEPI Letter, or if you require any additional information at this time, please let me
know.
Thank you for your time and continuing attention in this matter.

Karen A. Higgins, Supervisor
N.C. Dept, of Divironmental Quality - Water Quality
August 17, 2016
Page 4
Sincerely,
Smith Moore Leatherwood LLP
/ . . .......... . . . . . '-'-`;>2
...... ...... "
"'r oe
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4
Matthew A, Nichols
MAN/nc
Enclosures
cc: Braxton Davis, Director, NCDEQ-DCM
(via e-mail: Bi-axtoii.davis(cciiedeiir.gov)
Doug Huggett, Manager, Major Permits, NCDEQ-DCM
(via e-mail: (totig.][e-mail])
Robb Mairs, Field Officer, NCDEQ-DCM
(via c -mail: robb. in airs @ncden r. gov)
Heather Coats, Assist, Major Permits Coordinator, NCDEQ-DCM
(via e-mail: heather.coats(Di ncdenr.gov)
Jim Gregson, Regional Supervisor
NCDEQ - Division of Water Resources
(via e-mail: jim.gregson@ ncdenngov)
Jolui C. Wessell, 111, Esq.
Counselfin- Town ql'TN-ight.Wlle Becich
(via e-mail: jwessell(Di wessellraney.corn)
Steve Morrison
Land Management Group, Inc.
(via e-mail: smorrison(Di lingroup.net)

Karen A. Higgins, Supervisor
N.C. Dept. of Environmental Quality - Water Quality
August 17, 2016
Page 5
Charles D. Cazier, P.E.
Intracoastal Engineering, PL LC
(via e-mail: charlie(0i,,iiiti-acoastalengiticeriiig.coiii)
Christopher W, Bailey
President, Bailey and Associates, Ine.
(via e-mail: ewbailey @baileyandassociates.biz)

Water Resources
cvwvnmw,w,^^*o»'n,
August 5, 2016
Town o[Wrightsville Beach
Mr, Tim Owens, Town Manager
321Causeway Drive
Wrightsville Beach NC2O4AO
SU bj ect: Northeast Interceptor Sanitary Sewer Line
Dear, Mr. Owens,
Sv,"^"
S, //\Y 2lx4D4E8M/\N
The Division o[Water Resources (DVVR)received aletter dated July 2\ZOl6,from 3EMEngineering 8^
Construction (at the behest of the Town) regarding the 401 Water Quality Certification/CAMA Major
Permit application for Bailey & Associates (Grandview Marina) at 202 Surnmer Rest Road in Wilmington.
The letter provided an engineering review of the proposed marina project relating to what impact the
project could potentially pose to the Town's Northeast Interceptor (NB)Sanitary sewer force main that
lies beneath the Atlantic Intracoastal Waterway (A|VVVV). After reviewing the letter above, all other
information within Our files, and communicating with the original contractor who installed this portion
of the NEI, there appears to be an inconsistency pertaining to the type of material the NEI is made of in
the area of the AIWW crossing, The letter above states that the pipe in this area is 14 -inch ductile iron
pipe (DIP) whereas other correspondence from past staff of the Town indicates that the pipe is 14 -inch
HDPE. Knowing the type of pipe the NEI is made of in this location will aid us in finishing our review
under Section 4O1ofthe Clean Water Act. |fyou could furnish this information tounassoon ma
possible, wewould greatly appreciate your assistance, Please contact Chad Coburn ot(D1O)796'7215or
atChad.[[e-mail]|(you have any questions.
]irA��eQson,Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
[c: Chris Bailey - Bailey and Associates, P.U.Box 4OO Jacksonville, N[J854l
Steve Morrison —Land Management Group, Inc., 3806 Wrightsville Avenue, Suite 15,
Wilmington, INC 204O5
GnoBThompson—SEP|, 5030 New Centre Drive, Suite B, Wilmington, NC 28403
Jennifer Burdette-DVVR4Olarid Buffer Permitting Unit
Heather Coats —DCK4Wilmington
Tyler Crumh|ey—US&[EWilmington
VV|RO
State"mmth Carolina |nepe*ment ofsnvimmmmmQuality | Division mwmerResources
ovCardinal Drive Ext . Wilmington, mc28405
np79^?o5

From: Jim Batey [LiCaiItqj.5jtQy
. ftnifflgniail.coml
Sent: Friday, August 05, 2016 3:34 PM
'ro: Christopher W. Bailey <cwla it y!,C.k ail ty a
_jidassociates.biz>
Subject: Re: NEI Crossing/Survey
Chris, The pipe we inspected was HP plastic pipe, Jirri Batey
On Thu, Aug 4, 2016 at 4:12 PM, Christopher W. Bailey <�L)Nhailey,( ai-je,yandassociates.biz> wrote:
Jirn-----per out- conversation, we are reaffirming the type of pipe that crosses the water way north of the
Wrightsville Beach drawbridge, Would please reaffirm that type of pipe that you located for its hi the
attached survey.
mm
-IN
0 �"S-f
'-N
17 52'
?4:172.855.6714
P1 Ma 57 C 4 0' j C:2.358.9 60A 118
U172.876.0938
2.3SO.756.6552 2.0�
20, .11\114' 4."0" 0
NA72,867.7977
C-2,368.610,3218 E-2.350,887,7335
NA72,861.3 65-
4A VA841016.79
PIPE 01ptra
OE OW
9UD
ChristolAer W Bailey
Bailey and Associates, hic.
Office 910-:146.4443
Cell 910-520-4676
Fax [phone]
CWB-ailcy(q�,Baile andAssodates.biz
11

Signed,
Jim Batey
Zulu Marine Services

From: Dan Nomni(e
Sent: Friday, August 05,ZO158:l4AK8
To: Christopher VV.Bailey
Subject: RE: NEI Crossing/SUrvey
Chris,
My best recollection on pipe materials is it's PVC.
| hope this he|ps..
Have agreat day,
Dan
DANIELS. NORMIL0PLS
JOHNNY J. WILLIAMS
LAND SURVEYING, P.C.
yOBOX 7708E0LAVDLLE'NC205l8
910-290'8272 918'29*'2310pvAX;
From: Christopher W. Bailey
Sent: Thursday, August O4 20I64:14PK4
To: Dan NormUe
Subject: NEI Crossing/Survey
Dan—per Our conversation, vveare reaffirming the type ofpipe that crosses the water way north ofthe Wrightsville
Beach drawbridge. VVou|dplease reaffirm that type ofpipe that you located for usinthe
attochedsumey.
A -
FuM\o1u.32,8
'1\
/K B(tile Bailey and Associates, Inc,
Office 910-346-8443
4 0' E:2.358,960,8118
3.
Ilk
0
0
PIPE Uflbf

Cell 910-520-4676
Fax [phone]
QWB c Bail
ates,biz
Hal' 4 G jilt'.

EXHIBrr
STATE OF NORTH CAROLINA
F A S E M E 1\1 T
COUNTY OP M,11 RMIOW,11
THIS UASI,'MEPT, made and entered into tills the
day or 1982, by and between the STATE OF NORTH
CAROLYNA, Party Of the fi-VHt part, and the TO1,M OF WRIGHTS-
VILLE HACH, party of the seuon(j part,
I T H U S S 2 T )1
THAT, MOMPAS, the North Carclina Department of
Ma hij titration has IM11OH71.)a and approved execution of this
ih1trONOnt, for the Ptll:posos hortAn set Earth; and
WH131WAS, L110 OX00ut-301) Or this instrument for and on
Wiall- of the, State of Norkh Carolina has baim duly appromi
'jY thC- COVO-VAOr a"d COM11-,il Of State by 'C000lution adoptod
,IL a Inceting held In the City ,:,f Ra.1091i, North Carolina, or)
the 401 day of May, 19821 and
WHEREAS, theparti.0st Ngreho have mutually agreed to
Cho tQrns of this casement as hereinafter set forth,
NOW, Tfirf(UpORS, 11) consideration of the sum of otip
HUNDRPO ($100,00) DOLLARS pall by the party of the second part.
to tlwa party Of 'thu first part, the receipt of which it; heraby
aLknoill'Agod, the party >f the first part does hereby give,
grant' and convey to tho said party of the se=cond part, Its
success
- sors, and assigns, the right., privilege and easement to
construct, install, improve, remove, replace, inspect, repair.
and ma=intain a sanitary sewer pipeline as follovis; , I

A. B611kc Cb,utuel subaqucougly for approximately
750 fqSK 010uq the south OF U, S. Highway 74 causeway
and i . i. Kannang; Crook on bent Piles along the south sicia
of 00 U. Sc, Ifighway 74 causoway and bridge for a di.t;t.inc
of approximatoly 120 ft.,vt.
C, AlWil aub3)queous2y north of the 0, S. 74-76 Hicjh--
Way causeway and brAdge for a distance of approximately 800
)). Bradley Croak eubaqu000sly near the U. S. 74-76
Highway causeway and bridge for a distance of approximately
800 feet,
Tho purpose of the casement is to provide the Town
Of WrIghtovillo Beach with a connection to the llorLhcatib
IhLorcopLor Water WIMInqLon Area 201 Facilities plan, see
OWNwd drawing: onOLled 'Iranitary sewel. jmproverftents
Voroo Main, Town of tdri.ghtsvi7lo Beach, North Carolina".
It is understood and agreed that this conveyance
is made subjoct to the condition that. the party of the second
jart shall properly obtain am necessary permits required by
State and Vaderal law, Faijule to obtain such permits in
a VIM01Y manner Vhall be deemed an abandonment of said easement;�
TO HAVE AW) TO VOLD the aforesaid rights, privileges,
And Insoment unto the said party of the second part, Its
auccOSWA W 011190s, Cor as long as said pipol"e Is
utiml0d by the Party Of the second part, its successors and
allignF, ror the purposes set forth herein, and no longer.
IR TESTX14ONY WHOmBor, the State of North Carolina
has caused this instrument to be executed in its name by JAMES
A. HUNT, JR.,
COVOruor, attested by THAD EURO, Secretary of
State, and the Grant Soal of the state of Borth Carolina hereto'
affixed, by virtue of the pm-ior and authority aforesaid, as of
f0le day and year first- above written,

STATE OF NORTI; CAROGMA
Governor.
ATTP.,fW,
ldx
AlYIPWAID AS 110 powli
RUFUS L. PWITSTEN
Att0l'Dey General
Aso;isuant Attoi:noy

Sl*wfF, OF FOR111 CARO AKA
0)11"Ty OF WAKE
1, MOW MIN WIDLER, a Notary Public in and for the County and
,;tate afore StAid I do h0rohy certify char JAIm-9 B. A MIT, JR., Covovoor of th a
State of North Carolina, and UAD MV, Secretary of State. of 11orch Carolina
1mrsoosily cn,5:c before ne this day and beim; by ve duly swore says each for
himself that he Knaus tho Creat Seal of the State of North Carolina and that
tho seal affixed to tha forepping fwartnient is the Great Seal of the State;
that JMES H, 1101', JR,, governor of said State, and TIM EURZ, Secretary of
SL4LO, subscribed their nares thereto, all by virtue of a resolution of the.
Council of State; and that said Inscrwzont is the act and deed of the State
of Borth Carolina,
IN VITUESS MrRWV' I have hereunto Got my hand and Notarial 5001,
thil rho 4'.9 day M
Notaty Public
My colonisslon E'xpirevt
7 - _j l�- !a, —

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August 11, 2o16
NCDEQ
16t,7 Mail Service Centex,
Ralcigli, NC 27699-i617
Attn: Ka -ren Higgins
Re: Grand View Community Marina
DWR# 2011-0410v3
Wilmington, NC
PN 2014-036
Dear Ms. Higgins,
We are writing in response to the SEPI Engineering and Construction letter dated
July 28111, 2o16 addressed to Mr. Tim Owens. There are, what we feel, some
inconsistencies with the letter and have listed a few items that should be taken into your
consideration. Items are as follows:
Opening statentent parapvapbs:
® Incorrect statement of pipe material (DIP)
1. Existing Conditions:
0 Pipe material incorrect
* "Current structural integrity of the pipe is unknown" is the town
maintaining this line? This should be known by the owner of the system.
e Corrosion of the DIP material is not an issue with the actual Polyethylene
pipe.
0 The trapping of gas deteriorating DIP (material is not DIP)
® Exterior deterioration. All items listed are not so detrimental to
Polyethylene pipe,
2. L,'xl)osure:
o Closest Dredging is proposed at 15' from the forceinain.
e The forcemain area is already subject to boat traffic and was prior to the
existing dock facility. This proposal should provide some organization to
that traffic and will provide some markers to keep boats from traveling
into the areas where the forcemain is shallowest.
5725 Oleander Dr, Unit E-7 Wilmington, NC 28403 [phone]

The deflection of the pipe was most likely done during the installation.
The polyethylene pipe is flexible and can be slightly curved without undue
strain on the pipe material,
3. Existing Conditions:
* The joints in the polyethylene pipe are fused together and therefore do not
have the deflection concerns as DIP.
* In the last paragraph it states that "The accuracy of the survey.....Further
investigation to accurately determine the condition of the DIP forcemain is
strongly recommended." There should be some concern if the owner does
not know the exact location or condition of this main.
4. NA
S. Planned iniprovernents:
With current technology it would be expected that any replacement or new
forcemain would be installed by directional bore method. This should
help remove much of the concerns about the existing and proposed
facility,
6. NA
In Conclusion:
® We feel that there has been no real effort to "Restrict activity..... for the
protection". We do not believe any markers or signs have ever been
installed alerting anyone to this forcemain location (I believe the one sign
is provided by the power company). As far as I know, boat traffic has not
been restricted in this area in the past. There is a thought that providing
an organized facility and warning markers for the boat traffic in the area
will keel? the boats from the shallowest location that is a threat to the
forcemain.
* The pipe material is not DIP and therefore the concern of joint deflection
is not warranted.
Please contact us with any questions, comments or additional information needed.
Sincerely,
Intracoastal Engineering PLLC
(.Y100*A
Charles D. Cazier, P

8/10/16
Karen Higgins
NCDEQ
1617 Mail Service Center
Raleigh, N.C. 27699-1617
Rc; Response to SEPI Engineering & Construction 7/28/16 engineering review letter items
concerning Bailey & Associates CAMA Major Permit Application
Dear Karen,
I am providing a response to items within the SEPI 7/28/16 engineering review letter prepared on
behalf of the Town of Wrightsville Beach concerning the Bailey & Associates CAMA Major
Permit Application, LMG is responding only to items that fall within our range of professional
services.
Iters 2. Exposure of the existing farce main
As a point of clarification, LMG does not prepare "construction" plans as stated by SEPI, The
drawings we have prepared in association with the application are clearly marked "For CAMA
Permitting Only. Not for Construction",
SEPI incorrectly states that —"tlie horizontal location of the existing force main to the target
dredge area varies by approximately 7-15 feet," The minimum distance, from the dredge area and
all piling installation,, is 15'. (The proposed floating dock finger adjacent to slip number I has no
piling at its end closest to the force main.)
Item 6. The houndwy of'tyre Riparian Corridor and Setback as shown on plans is incorrect
I have attached the relevant NC Administrative Code (I 5A NCAC 07B .0208 (b) (6) 11 language
for determining riparian corridors as pail of the Specific Use Standards for Public Trust Areas,
This methodology was used in establishing the riparian corridor for the Bailey & Associates
project application. The existing pier and floating (lock were permitted in this same corridor.
Please contact Me if YOU Sh0LJd need any further information regarding these items.
www.lmgroup.net 9 lnfo@lmgroup,not , Phone, 910.452.0001 , Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 # P.O. Box 2522, Wilmington, NC 28402

Sincerely,
Steve Morrison
Environmental Consultant
End: NCAC riparian corridor determination language
Cc: Bailey & Associates
www.lmgroup.not • [e-mail] - Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

(C) Piers and (looking facilities over coastal wetlands shall be no w[der than six feet and shall be
elevated at least three feet ect above ativ coastal wetland substrate as measured rrom the bottom
of the decking;
(ll) A boathouse shall not exceed 400 square feet except to icconiniodatc it documented need for
a larger boathouse and shall have sides extending lie farther than one-half (lie height of file
walls, and covering only the top half or the walls. Measurements Of' S(ILIarC rootage shall be
taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less
than 75 liticar feet of shoreline. Size restrictions do not apply to mannas;
(E) The total area enclosed by an individual boat lift shall not exceed 400 square feet Q.\Ccpt to
acoonartodate a documented need for a target- beat lift;
(1.') Piers and docking facilities sliall be single story. They may" lie rooted but shall not be
designed to allow second story use,
(G) pier and docking facility length still]] be limited by:
(1) not extending beyond file established pier or docking facility longth along the sairic
shoreline for similar use; ('['his restriction (loci not apply to liters 100 feet or less in
length unless necessary to avoid unreasonable interference with navigation or other
uses of the waters by the public)-.
(it) not extending into the channel portion of the water bodyand
(iii) not extending more than one-rourth the, width of a natural water body,
Y, or hurnan-
made canal or basin. MeastircniCIIIS to determine widths or the water bode, canals or
basins shall be made from the waterward edge or any coastal wetland vegetation that
borders the water body, The one-fourth length limitation does not apply in areas
where the U.S. Army Corps of F"rigineers, or a local goVe"lillent in Consultation with
(lie Corps of F"llglineors, has established ,in official pier -heat{ line. 'file one-fourth
length limitation sliall not apply when the proposed pier is located between longer
piers. or (looking facill(ics within 200 feet Of the appl'icant's Property I IOWCVef, the
proposed pier or docking flicility shall not be longer than the pier head line
established by the adjacent piers or docking facilities, nor longer than one-third the
width or (lie water body.
(1-1) piers or (locking facilities longer than 400 feet shall be permitted only if the proposed length
gives access to deeper writer at a nue of at least I foot each 100 foot increment of' length
longer than 400 feet, or, it the additional length is necessary i v ;pan ,pan home obstruction to
navioation. Mort suroments to determine lengths shall be made front the watetAvard edge of
any coastal wetland vegetation that borders the water body,
(1) piers and docking facilities shall not interfere with the access to any riparian property and
shall have a minimum setback of 15 feet betm cot) any part of the pier or docking raullity and
the adjacent property owner's arcrii of riparian access. The line of, (tivisitm or areas of riparian
access shall be established by drawing, -it line along the channel or deep water in front of the
properties, then drawing a line perpendicular to the line of the channel so that it intersects
with the shore at the point the upland property
v line meets the water's, edge The ruinimuni
setback provided in (lie rule may lie waived by the written agreement or the adjacent riparian
ownur(s) or when two adjoining riparian owners are co -applicants. If (lie adjacent property is
sold before construction or the pier or docking I'doility commences, the applicant shall Obtain
a wlittoll agicernelit with the now owner waiving the minimum sotback and subunit it to the
pennitting agency prior to initiating any development or the pier. Application or this Rule
May be aided by reference to (lie approved diagram in 15A NCAC 07FI .1205(t) illustrating
the rule as applied to various shoreline configurations. Copies of the, diagram may be
obtained from the Division of Coastal Management, When shoreline coil ri gura tio 11 is such
that a perpendicular alignment cannot be achieved, the pier shall be aligned to nice( the intent
of this Rule to (lie maximum extent practicable as determined by (lie Director or the Division
ot'Coastal Management-, and
M Applicants for authorization to construct a pier or (locking facility slid]] provide notice of the
permit application to the owner of any part of a shellfish fratiohisc or loose over which the
proposed (look Or pier would extend. 'file applicant shall allow (lie lease holder the
opportunity to mark a navigation route from the pier to the edge of the lease
(7) Bulkheads
(A) Bulkhead alignment, for (lie purpose ofshorolitic stabilization, shall approximate the lou"Ition
Of normal high water or norniat water level-,
(B) Bulkheads shall be constructed landward Of coastal wetlands in order to avoid signifiedin
adverse impacts to (lie resources',
(C) Bulkhead backfill material, shall be obtained front in upland Source approved by file Division
of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted

Ekdff—
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403
nEFLY TO
ATTWrON C6
August 11, 2016
Regulatory Division
Action ID No. SAW -2011-00775; 202 Summer Rest Rd.
Mr. Chi -is Bailey
Bailey and Associates, Inc.
Post Office Box 400
Jacksonville, North Carolina 28541
Dear Mr. Bailey:
We have completed our review of your Department of the Army permit application
(Action ID SAW -2011-00775) to expand an existing docking facility and construct a community
marina in navigable waters of the United States, in Motts Creek and the AIWW located at 202
Summer Rest Rd, in Wilmington, New Hanover County, North Carolina,
Please be advised that the U.S. Army Corps of Engineers, Wilmington District (Corps) is
prepared to take final action on the application; however, by Federal law we can take no filial
action Until the North Carolina Division of Coastal Management (NCDCM) issues a Coastal
Zone Management (CZM) consistency determination. As of the date of this letter, we have no
written indication that NCDCM has issued a determination for the work.
Once NCDCM has issued or waived the required authorization, you must provide us with
a copy. Upon receipt, filial action on the Department of the Army permit application will be
taken providing there have been no significant changes in the Corps' evaluation policies during
that period or any significant project modifications. Conditions of the NCDCM CZM
consistency determination will become conditions to any Filial Department of the Army permit.
Should their action on the required determination approve a project different From that shown on
the current application, a modification to the application will be required. Please notify us when
you submit copies of the NCDCM CZM determination ofany such changes. Substantial changes
may require a new permit evaluation process, including issuance of a new public notice.
Please be advised that if NCDCM does not concur with your CZM consistency
determination, then the federal permit will be denied without prejudice. If you should
subsequently obtain a CZM consistency determination, you should contact this office to
determine how to proceed with your permit application.

You are cautioned that this is NOT a final action. Commencement of the Nvork
rias to De �ar°tmerrt of tlrc Ar m final n would constitute a violation of Federal
laws and subject CM's
CZM concurrence does not obviate the
the _ArmyMcrnjit.nflI
Any questions concerning the application process should be directed to Mi., Tyler
Crumbley at: t le rx ru nib I cvldiusacc, arml in it, or 910-251-4170.
Copy Furnished:
Ms. Laura Stasavich
Land Management Group, Inc.
3805 Wrightsville Ave, Suite 15
Wilmington, North Carolina 28403
R9
Sincerely,
'I yler Crunibley
Project Manager