20180496 Ver 3_Modifications_20180710

Strickland, Bev
From: Spears, Courtney
Sent: Tuesday, July 24, 2018 11:47 AM
To: Coburn, Chad
Subject: FW: [External] Register Place Estates Sill
Attachments: Register place estates hoa 70-18.pdf
Courtney Spears
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
910 796 7426 office
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Huggett, Doug
Sent: Tuesday, July 10, 2018 11:24 AM
To: Robert McClaskey <[e-mail]>
Cc: Spears, Courtney <[e-mail]>; Coats, Heather <[e-mail]>; Wilson, Debra
<[e-mail]>
Subject: RE: [External] Register Place Estates Sill
•••
Attached please find the issued permit (without the sill and transient dock). A hard copy will be following shortly
through the US Mail.
If you have any questions about any of the conditions or potential next steps, please feel free to give me a call.
Sincerely,
Doug Huggett
Manager, DCM Major Permits Section
From: Robert McClaskey [mailto:[e-mail]]
Sent: Thursday, July 5, 2018 8:50 AM
To: Huggett, Doug <[e-mail]>
Subject: [External] Register Place Estates Sill

rt Spam.
Doug:
We would like to withdraw the sill/living shoreline portion from our CAMA Major application. Our intent will
be to enlist the Coastal Federation in helping us find a design that accomplishes our mutual goals in the
future. When could we expect to have an executed permit? Thank you for your attention in this matter.
Regards,
Rob McClaskey
Zimmer Biomet
Territory Manager
Wilmington, NC
910-470-9942

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermt"t
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 Register Place Estates HOA, 7301 Shell Midden Court, Wilmington, NC 28411
Permit Number
70-18
Authorizing development in New Hanover County at AIWW and Middle Sound, 1834 Register
Lane, Wilmington, as requested in the permittee's application dated 3/15/18, including attached
workplan drawings (8), Figures 2, 3a, 3b, & 4-6 all dated 2/20/18, & Figures 7-8, both dated "Received DCM Wilmington 4/2/18".
This permit, issued on July 10, 2018 , 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.
1) In accordance with the permittee's e-mail dated 7/5/18, the originally proposed riprap sill and marsh
planting is hereby deleted from this permit, and any and all references to the sill and associated
planting in the attached workplan drawings and/or application forms are hereby considered null and
void.
Marina Facility Reconstruction
2) In accordance with the permittee's e-mail dated 6/20/18, the originally proposed transient floating
dock is hereby deleted from this permit, and any and all references to the transient dock in the
attached workplan drawings and/or application forms are hereby considered null and void.
3) The marina facility reconstruction shall take place within the same footprint as the existing marina
facility.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton C vis, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

Register Place Estates HOA Permit No. 70-18
Page 2 of 5
ADDITIONAL CONDITIONS
4) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other structures
and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
reconstructed marina facility without permit modification. No non -water dependent uses of structures
shall be conducted on, in or over public trust waters without permit modification.
5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconstructed marina facility. Any sewage discharge at the reconstructed marina facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
6) In order to ensure the prevention of a closure to waters that are open to the taking of shellfish, the
permittee shall ensure that the following procedures are followed:
a. The marina shall not allow the dockage of boats over 24 feet in length, and
b. The marina shall not allow the dockage of boats with heads.
C. The marina shall not allow the dockage of boats with cabins.
7) The construction and/or operation of the authorized facilities shall not directly result in any closure of
any waters that are open to the taking of shellfish. Any such closure directly attributable to the marina
facility shall require that the permittee undertake remedial actions to remedy the situation. Such actions
may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to reduce
or eliminate the cause(s) of the closure.
8) 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.
9) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
11) The reconstructed docks and associated structures shall have a minimum setback distance of 15 feet
between any parts of the structure and the adjacent property owners' riparian access corridors.
12) This permit does not authorize an expansion in the number of formalized boat slips at the existing 26 -
slip facility.
Excavation
13) In order to protect juvenile frnfish resources, no excavation shall be permitted between April 1 and
September 30 of any year without prior approval of the North Carolina Division of Coastal
Management, in consultation with appropriate resource agencies.

Register Place Estates HOA
ADDITIONAL CONDITIONS
Permit No. 70-18
Page 3 of 5
14) Excavation shall not exceed -4 feet below normal low water. In no case shall the depth of excavation
exceed the depth of the connecting waters.
15) No vegetated wetlands shall be excavated or filled.
16) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
17) All excavated materials shall be confined above normal high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
18) No spoil material shall be placed within 30 feet of the normal high water line.
19) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
20) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Maintenance Clause
21) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
Shoreline Stabilization - Riprap
22) The alignment of the riprap utilized to stabilize the peninsula shall not extend waterward from the toe of
the existing riprap.
23) The alignment of the authorized riprap shall be staked by the permittee and approved on site 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 restaked by the permittee and approved onsite by
DCM within a maximum of 30 days prior to the new expected start of construction.

Register Place Estates HOA Permit No. 70-18
Page 4 of 5
ADDITIONAL CONDITIONS
24) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to
prevent its movement from the approved alignment by wave or current action.
25) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl or broken concrete.
26) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
U.S. Army Corps of Engineers Conditions
27) 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, NC 28403-1343, email: SAWWeb-
[e-mail].
28) 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 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 U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States or the State of North Carolina.
29) Approval of the structure is based on determinations that there would be no obstruction to navigation.
The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not
be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats
will not be damaged by wave wash.
30) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://vA-Anv.fws.gov/nc-es/mammal/manatee guidelines.ndf.
General
31) 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.
32) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

Register Place Estates HOA
ADDITIONAL CONDITIONS
Permit No. 70-18
Page 5 of 5
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 2018-0496v2, which was issued on 6/20/18.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW -1999-00249.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.