19970239 Ver 1_COMPLETE FILE_19970419

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United States Department of the Interior
9
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
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Nor
September 29, 1997
Preston toward, Director
Divisj.on of Water Quality
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Attention: John Dorney
Dear Mr. Howard:
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SECTION
On May 8, 1997, the Division of Water Quality approved proposed
activities at the Dolphin Bay subdivision, approximately 0.8
miles north of Snow's Cut, in Myrtle Grove Sound and adjacent to
the Atlantic Intracoastal Waterway, under General Water Quality
Certificate No. 3112. The U.S. Fish and Wildlife Service
(Service) is concerned that the proposed activities were, and
will continue to be, detrimental to existing uses of those
waters. We recommend you reconsider the issuance of the subject
permit.
The applicant, the Dolphin Bay Sub-Division Homeowner's
Association, proposes to dredge over 1.3 acres of primary nursery
habitat (water quality class SA), dispose of the sediments on a
nearby beach area, and to construct (for replacement and
expansion) almost 0.2 acre of docks, piers, and a gazebo (pre-
existing) over the same area and vegetated wetlan5s.
Previous investigations have revealed that the existing docks
were placed in such amanner that hard-packed sal3dy shoals were
created by the changed circulation patterns and energetics.
These shoals eliminated the value of much of the area as primary
nursery habitat. Further, these shoals reduced the boating
access to the docks and piers. The subject application does not
address or attempt to remediate the shoaling problem. Recently,
investigators found that a deep slough exists landward of the
proposed alignment; reconfiguring the docks so that boats could
navigate the slough would substantially decrease the areal extent
of the proposed dredging. Additionally, anecdotal evidence
suggests that few boats ever use the facilities at one time. The
extensive facilities are proposed to meet contractual access
obligations made by the developer, and are not based on projected
needs. . RECEEVED
uu"u; 1 1997
ENVIRONMENTALSCIENCES
i
By letter dated May 6, 1997, we recommended the District
Engineer, U.S. Army Corps of Engineers, Wilmington District, deny
a Clean Water Act § 404 permit for the proposed facilities
(Action I.D. No. 199704770; see enclosed). The original dock
configuration has significantly and irreversibly degraded the
existing use of the site (as a primary nursery area for finfish).
The proposal repeats earlier design flaws, and actually expands
upon them. Further, the remnant functional habitat (sloughs,
etc.) are likely to be adversely impacted by the proposed
excavation and increased boating activities. The dock and pier
assemblage is not environmentally benign, and may adversely
affect other utilitarian functions of the site for fish and
wildlife. Finally, the gazebo is a non-water dependant
structure, and, although already approved and constructed under a
previous permit, is generally inconsistent with.the goals of the
parent legislation.
Given the information available, the Service recommends that you
re-evaluate the issuance the General Water Quality Certification
No. 3112 for the subject activities. We believe that it is
inappropriate to certify proposed activities which are re-
establishing and expanding facilities which are documented to
degrade and destroy existing uses of public trust waters.
We appreciate the opportunity to comment on this matter. Please
call Kevin Moody of my staff at [phone] extension 19 with
any questions or comments.
Sincerely,
ohn M. efner
Field Supervisor
Enclosure
cc:
DCM, Wilmington, NC (Bob Stroud)
DCM, Morehead City, NC (Charles Jones)
DCM, Raleigh, NC (John Parker)
DMF, Wilmington, NC (Fritz Rohde)
WRC, Kinston, NC (Bennett Wynne)
WRC, Raleigh, NC (Frank McBride)
COE, Wilmington, NC (Jeff Richter)
EPA, Wetlands Regulatory Branch, Atlanta, GA (Thomas Welborn)
NMFS, Beaufort, NC (Larry Hardy)
FWS/R4:Kmoody:KM:09/24/97:919/856-4520 extension 19:\dolbaywq.wpd
f.NT Op
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
CH 3 Raleigh, North Carolina 27636-3726
May 6, `1997
Colonel Terry R. Youngbluth
District Engineer, Wilmington District
U.S,. Army Corps of Engineers
Post Office Box 1890,
Wilmington,.North'Carolina 28402-1890 .
Attention: Jeffrey Richter
Dear Colonel Youngbluth:
The U.S. Fish and Wildlife Service (Service) has reviewed the application and Field
Investigation Report for Action I.D. 199704770. The applicant, the Dolphin Bay Homeowners
Association, proposes to dredge over 1.3 acre of primary nursery habitat (water quality class SA),'
dispose of the sediments on a nearby beach area., and to construct (for replacement and
expansion) almost 0.2 acre of docks, piers, and gazebos over the same-area and,vegetated
wetlands. Previous investigations have revealed that the existing docks were placed in such a
manner that hard-packed sandy shoals were created. These shoals eliminated the value of much
of the area`as.primary nursery habitat. Further, these shoals reduced the boating access to the
docks and piers.. The subject application does not address or attempt to remediate the shoaling.
problem. The proposed activities would occur at the Dolphin Bay subdivision, off US 421, in
New Hanover County, North Carolina. The affected habitatis in Myrtle Grove Sound, adjacent
to the Atlantic Intracoastal Waterway:
This is the report of the Service submitted pursuant to, and in accordance with, provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401; as amended; 16 U.S.C. 661 et seq.) and the
Endangered Species. Act of 1973 (87 Stat. 884, as amended; 16 U.S.C 1531 et seq.).
-
We recommend the District Engineer deny a permit for-the subject application. It is apparent
that .the original dock configuration has had a significant and irreversible adverse effect on-the
site's suitability as a primary nursery area for finfish. The subject application repeats the earlier
design flaws; -and actually expands upon them. Further, the remnant functional habitat (sloughs,
etc;) are likely to be, adversely impacted by the proposed excavation and increased boating
activities. The docks and pier assemblage is not, environmentally benign, and can adversely
affect-the. utility of the site for fish and wildlife. Finally; the gazebo is a non-water dependant
structure.
The proposed dredging and dock replacement/expansion activities would severely degrade or
w
2
eliminate locally important, obligate habitat for many ecologically valuable aquatic species.
Myrtle Grove Sound, particularly in the vicinity of the proposed activities, is a primary nursery
`area for larval and juvenile Atlantic croaker (Micropogonias undulatus), spot (Leiostomus
xanthurus), and other finfish. Reptiles, such as the Kemp's ridley (Lepidochelys kempii), green
(Chelonia mydas), and loggerhead (Caretta caretta) sea turtles regularly use Myrtle Grove and
other nearby sounds as nursery areas (Ruth Boettcher, NCWRC, pers. comm.). Invertebrates
species such as-pink and brown shrimp (Penaeus spp.) and blue crab (Callinectes sapidus) occur
in the. vicinity of the. proposed activities and are dependant on submerged aquatic vegetation.
which occurs sporadically. Piscivorous avifauna, such as the brown pelican (Pelecanus
occidentalis), routinely forage over waters adjacent to the project area (K. Moody, pers. observ.).
The shoaling created by the old dock, and potentially exasperated by the proposed expansion,
eliminates the project area as useable nursery habitat for these aquatic organisms.
Docks and piers are not necessarily environmentally benign. We are quite certain about some of
the adverse impacts these structures have on fish and wildlife resources; other potential impacts
are controversial and unresolved:
Docks and piers shade the substrate and vegetation under there. Shading causes a qualitative
decline in productivity per unit of aquatic habitat (Kearney et. x1, 1978; McGuire, 1990).
Further, shaded areas are unlikely to become revegetated. The Service believes that excessively
wide piers degrade the environmental potential of aquatic habitat. Cumulatively, the reduction of
dissolved oxygen and carbon, in conjunction with the decrease in vegetative biomass, may .
decrease the assimilative capacity of local waters.
Piers and similar facilities also have potentially adverse affects.on fish. There is considerable
controversy about the effects of artificial reefs on aquatic communities. In our opinion, the
concerns about artificial reefs are valid when considering the possible ecological effects of docks
and piers. Many species of fish are behaviorally cued to seek shelter within complex three-
dimensional habitat, such as submerged trees or macrophyte beds. Apparently, piers trigger that
cue, but do not have the structural complexity which normally benefit the organisms. -Fish
congregate under and near pier structures, and may increase the local population's vulnerability
'to thermal shock, disease, or predation. There are no indications that positive benefits accrue to
aquatic communities from piers, docks,. and similar facilities. Although such artificial structures
tend to have high density congregations of fish and other organisms, we do not believe that this
reflects increased productivity or recruitment. On balance; we believe that piers and docks pose
a risk to fish population dynamics (albeit small and localized). The-adverse. impacts associated
with piers can be avoided or minimized by limiting pier development. Reducing the surface area
•of these structures will minimize adverse impacts to fish and wildlife resources while allowing
water-dependant use by the applicant.
Their is also a significant concern about dock and pier density. For example, American black
ducks (Arias rubripes) have apparently stopped using loafing and nesting areas when dock and
pier density reached some threshold level. Single piers have been implicated in elevated energy

3
expenditures and reduced recruitment when constructed in otherwise unimpacted estuarine
marshes (Stotts and Davis, 1960; Morton, 1987; Diefenbach and Owen, 1989; and Krementz and
Pendleton ,1994). Although the available information leaves some room for doubt, we are.of the
opinion-that docks and piers do affect the behavior of waterfowl and waterbirds. This change in
behavior may be detrimental to individual birds and to local assemblages (i.e.-, the behavioral
changes may have implications for the, mortality and recruitment rates of these trust resources).
Additionally, we are concerned about the adverse effects, piers and docks have on intermittently
or permanently exposed areas they cross. Water (from dew, rain, or other activities) on the
surface of docks and piers falls to the ground in specific locations. The same ground surface
areas are consistently subjected to the high energy of falling water. These areas are called splash
zones, and they are generally void of macroflora, including rhizomes and root mats (McGuire,
1990). The high energies of the water striking these splash zones flushes any organic matter,
Mines, or small grain sand from the surface. Larger grain mineral particles (sand or pebbles) with
sufficient mass to deflect the. energy of the falling water comprise splash zone surfaces. Splash
zones are linear barriers to vegetative spreading and to the movements of some very small
organisms. The design of docks and piers determines the area of the splash zones underneath
them. While splash zones may have relatively minor environmental impacts, they are part of the
cumulative impacts of docks and piers which should be considered.
Docks and piers effect fish and wildlife resources at varying spatial and temporal scales. We
encourage the District Engineer to evaluate each such structure in terms of the local landscape. '
The Myrtle Grove Sound area has a high density of these structures and other forms of
development. While the proposed activities would normally have minor incremental impact,
previous experience with shoaling means the adverse impacts are disproportionately high:
Finally, we note that gazebos are non-water dependent structures. Recreational and aesthetic
amenities such as gazebos., sunning decks, or shaded lounging areas do not require access to
water to have value. Such structures should not be permitted over jurisdictional waters. as they
are eminently avoidable impacts.
The proposed activities will have an irreversible and significant adverse impact on fish and
wildlife resources. The adverse impacts are fundamentally avoidable (by reducing the project's
scale and altering it's configuration). We recommend that the application be denied.
In accordance with the procedural requirements of the• 1992 § 404 Memorandum of Agreement;
Part IV.3(a), please be advised that the proposed work may affect aquatic resources of national
importance:
4,
We appreciate this opportunity to comment on this matter. Please call Kevin Moody of my staff
at [phone] extension 19 if you have any comments or questions.
Sincerely,`
rohnM.eftier
. Field Supervisor
cc: NCDCM; Wilmington, NC (Bob Stroud)
NCDCM, Morehead City, NC (Preston Pate) 4 ,
NCDCM, Raleigh, NC (John Parker)
NCDMF, Wilmington; NC (Fritz Rohde)
NCWRC, Raleigh, NC (Frank McBride)
EPA, Wetlands Regulatory Branch, Atlanta,. GA (Thomas Welborn)
-NMFS, Beaufort, NC (Larry Hardy)
FWS/R4:KMoody:KM:05/05/9,7:919/856-4520 ext. 19:\dolphbay:wpd
References
Diefenbach, D.R. and R.B. Owen, Jr. (1989) A Model of Habitat Use by Breeding American
black ducks. J Wild. Management. 53: 3837389:
Kearney, V,.F., Y. Segal, and-M.W. LeFor (1978) The Effects of Docks on Saltmarsh Vegetation.
Conn. DEP, Hartford, CT. -
Krementz, II.G.,:and G.W. Pendleton,(1994) Movements and Survival of American Black Duck
and Mallard Broods on Chesapeake Bay. Ann. Proc. ?SEAFWA.
McGuire, H.L. (1990) The Effects of Shading by Open-pile Structures on the Density of Spartina
alterniflora..MS Thesis, VIMS, College of William and Mary, VA. 114 pp.
Morton, J.M. (1987) Habitat Use and Energetics of American Black Ducks Wintering at
Chincoteague, Virginia. MS Thesis, VPI, Blacksburg,,VA.
Stotts, V.D., and D.E. Davis (1960) The Black Duck in the ;Chesapeake Bay of Maryland:
Breeding_Behavior and Biology. Ches. Sci. 1:127-154.1
State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N Fl
A. Preston Howard, Jr., P.E., Director
April 23, 1997
Ms. Phyllis Hammond
Dolphin Bay HOA
7202 Scallop Lane Wilmngton, NC 28409
Wilmington, NC 28409 ,
WQC #970239
New Hanover County
Dear Mr. Hammond:
The Division of Water Quality has reviewed your plans to dredge 58,438 square feet of
waters located at Dolphin Bay Homeowner's Association in New Hanover County for
reconstructing a per system and dredging the bottom. Based on this review, we have identified
significant uses which would be removed by this project. These uses are primary nursery area
functions. Furthermore, insufficient evidence is present in our files to conclude that your
project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H
.0506. Therefore, we are moving toward denial of your 401 Certification as required by 15A
NCAC 2H.0507(e). Until we receive additional information, we are requesting (by copy of
this letter) that the N.C. Division of Coastal Management place your project on administrative
hold.
Please provide us with information supporting your position that your project must be
constructed as planned-and that you have no practicable alternative to dredging these waters.
Until we receive this information we will place this project on hold due to incomplete
information. Specifically can you construct your piers without dredging or by dredging to the
original (4 mlw) depth on nearby uplands or prior converted farmland? Any documentation
such as maps and narrative that you can supply to address alternative designs for your project
may be helpful in our review of your 401 Certification. Please respond within two weeks of
the date of this letter by sending a copy of this information to me and one copy to Mr. Jim
Gregson at the Wilmington Regional Office at 127 Cardinal Drive Ext., Wilmington, NC
28405-3845. If we do not hear from you in two weeks, we will assume that you no longer
want to pursue this project and we will consider the project as withdrawn. I can be reached at
919-733-1786 if you have any questions.
Sincerely,
46-k Dorrie.
r Quality Certificatio Program
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Parker; DCM
970239.nty
. Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Division of Environmental Management
Water Quality Section
Environmental Sciences Branch
MEMO
TO: John Dorney and Jimmie Overton
FROM: Pete Colwell
SUBJECT: Dredging in Primary Nursery Areas, DEM Guidance for CAMA Permits
DATE: 5/23/96
As part of its responsibility to maintain, protect, and enhance the water quality within the State of
North Carolina, the Division of Environmental Management issues 401 Water Quality
Certifications for development located in waters or wetlands of the State which also require Federal
authorization. As part of the 401 water quality certification review process the Division must
determine that the development will not significantly degrade the existing use and the water quality
standards of body of water or wetlands in which it occurs.
Primary Nursery Areas (PNAs) are defined as those areas in the estuarine system where initial post
larval development of finfish and crustaceans takes place (NCAC T15A:7H.0208(a)(4)). They are
usually located in the uppermost sections of a system where populations are uniformly early
juvenile stages.
Because of the importance of PNAs to the State's coastal fisheries, the:Dgv"lion will deny a 401 f
water quality certification for. dredging and excavation p ejects, within P Xce
1) The project is truly maintenance of an existing channel or boat basin and the
excavation is necessary to maintain a traditional and established use.
a) The applicant must demonstrate and document that a water-dependent need exists for the
excavation; that there exists aVIWVW643'permitte:d channel, a natural channel, or
human made channel (constructed prior to permitting requirements) that has-been in
continuous use for a specific purpose; and that the excavated material can be
removed and placed in an approved disposal area without significantly impacting
adjacent nursery areas.
b) The ; al depth and width, of a human made or natural chan nel q; lie increased •
w
to allow a new or expanded use of the channel. Documentation of the original
depth and width of the channel will be required.
2) New dredging or excavation within a PNA may be authorized if.
a) The project is clearly for benefit of the general public.
b) The total dredging area is less than 1/10 of an acre
c) The project may be no deeper than connecting water depths.
d) The project avoids significant areas of submerged aquatic vegetation.
e) The project will not significantly degrade the use of the PNA or other designated uses.
f) There is no reasonable or prudent alternative to the project.
g) All reasonable means and measures to mitigate for adverse impacts of the project must
be incorporated into the project design and implemented at the applicant's expense.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
John M. Hefner
Field Supervisor
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, N.C. 27636-3726
1••
ED E N F1
January 20, 1998
DWQ#970239
New Hanover County
SUBJECT: DOLPHIN BAY HOA 401
Dear Mr. Hefner:
On September 29, 1997 we received a letter from your office regarding a 401 Certification which
was issued to the Dolphin Bay Subdivision authorizing dredging in approximately 58,438 fe of waters for
the purpose of reconstructing a pier and for providing boating access. The purpose of your letter was to
request that DWQ "re-evaluate" the 401 Certification based on issues relating to dredging in PNAs, effects
of dock placement of circulation patterns and subsequent shoaling, and issues relating to boating use.
As a result of this letter, DWQ staff has reviewed the file and discussed the matter with Division
of Coastal Management (DCM) personnel regarding this site. Based on this review, we believe that the
only way to revoke the 401 would be if the dredging has exceeded -4' MLW since this was an explicit
condition of the certification. However, based on numerous conversations with Division of Coastal
Management personnel DWQ believes that the dredging on this site may actually improve the PNA
function since many areas in this PNA are actually above MLW. In addition, DWQ has no specific rule
prohibiting dredging in PNAs.
Unless an actual measurement determines that the application has violated the -4' MLW condition,
DWQ does not believe that revocation of this 401 is warranted. If you have additional comments regarding
this matter please feel free to call at [phone].
Sincerely,
J n Dom y
ater Quality Certifi ation Program
Cc: Dennis Ramsey
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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CHERYL DORNEY
From: Bill <[e-mail]>
To: [e-mail]
Subject: Packers once again victorious
Date: Saturday, December 20, 1997 8:07 PM
Hi there! Glad the packages arrived. Sounds like that mall stuff is pretty
strenuous. I went to Deb's to watch the game. Bill and Mike and Aissa
went to the game. Picked up the ham for Christmas eve dinner and eventually
our "Pea Soup Fest' I am planning. Carried on mom's tradition of Clem
Becker from Biebels. Yummy!!! Have lots to do yet, but taking it easy.
Heather got her hair cut really short. It was actually shocking... but it is
really cute. Wait till you see her. Mild here with temps in the 30's with
40's predicted for Christmas week. Brown Christmas-no snow. Talked to Aunt
Ginie the other night. Told her I will try to get everyone together for
either Friday or Saturday after Christmas for a visit. She wants it at her
house. I said OK. Haven't heard from Marty at all this week. Will call her
tomorrow. Hope you are enjoying every minute of your visit. Love and miss
all Kathie
P.S. Who are those guys in the Panther uniforms and what have they done
with the real team??? I am feeling sorry for them these days. They are a
much better team than that!!!
Page 1
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O AMPAD REORDER
`?'P"D EFFICIENCY' #23-006
January 13, 1998
MEMORANDUM
TO: John Domey
FROM: Eric Fleek]?j?
SUBJECT: Dolphin Bay HOA
Based on a recent phone conversation with Jim Gregson, it is my opinion (based on Jim's detailed
description of the site) that the dredging may actually improve this site for the following reasons:
1) Before dredging the PNAs in this area were not found to be functioning as PNAs (as per NCDMF)
because: a) The sand bottom in this area is hard-packed, b) several areas within the PNA were actually
above MLW. Jim went on to state that in his opinion the dredging might actually enhance the overall
productivity of the PNAs by improving upon the aforementioned problems. So, if this is the case an
enforcement action/revocation of the 401 may not be warranted unless we can document that the excavated
depth is greater than -4ft.
December 22, 1997
MEMORANDUM
TO: John Dorsey
FROM: Eric Fleek
SUBJECT: Dolphin Bay HOA
The only way I can see to revoke the 401 would be the policy regarding dredging in PNAs which allows
such dredging "when essential to maintain a traditional and established use". I'm not convinced that there
has been a "traditional and established use" in this instance. In my opinion, I believe that the only use has
been recent (i.e., since the inception of the subdivision) and could not be construed as traditional. If this
finding is substantiated, then it may be used to revoke the 401 under NCAC 2H .0507 (d)(2): "Any
certification issued pursuant to this Rule shall be subject to revocation or modification upon a
determination that information contained in the application or presented in support thereof is incorrect or if
conditions under which the certification was made have changed". However, this may not be applicable
since it appears that the applicant has received prior authorization for dredging this channel. Therefore, I
don't see a way in which the 401 can be revoked.
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
.Q
1: 3 EHNR
May 8, 1997
New Hanover County
DWQ Project # 970239
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Ms. Phyllis Hammond
Dolphin Bay HOA
7202 Scallop Lane
Wilmington, NC 28409
Dear Ms. Hammond:
You have our approval, in accordance with the attached conditions and those listed below, to dredge
approximately 58,438 square feet of waters for the purpose of reconstructing a pier system and provide boating
access, as you described in your application dated 1 April 1997. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3112.
This approval is only valid for the purpose. and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 211.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. The area shall be dredged to no more than -4 mlw. A post dredging survey shall be conducted and sent
to DWQ (one copy to the Central Office and one to the Wilmington Regional Office) to ensure that dredging
has not exceeded the -4 mlw limit. In addition, you should get any other federal, state or local permits before
you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
Pr ton Howard, Jr. P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
970239.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
To: John Dorney
Environmental Sciences Branch
DIVISION OF WATER QUALITY
LAMA MAJOR PERMIT' APPLICATION R
REGIONAi, OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSON. '
ACTING WQ SUPERVISOR: SHIVER
DATE: April 11, 1997
WETLAND INFORMATION FOR CENTRAi. OFFICE, TRACKiN(T .? -8
PERMIT YR: 96 PERMIT NO.: 97239 COUNTY: New Hanover
PROJECT NAME: Dolphin Bay Homeowners Association
PROJECT TYPE: Dredging PERMIT TYPE: CAMA >2,
COE #: N/A DOT#: N/A ?P
RCD FROM CDA: DCM DATE FROM CDA: March 18, 1997
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Myrtle Grove Sound
CLASS: SA STREAM INDEX #: 18-87-31
*OPEN OR CLOSED: Closed
WL IMPACT: N/A WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: Other
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to reconstruct a community dock destroyed by
hurricanes Bertha and Fran and to dredge an approximately 58,438 sq. ft. area which has shoaled under the
existing slips.
WATER QUAi,rrY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #3112 for CAMA Major Permits.
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATERIWETTAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGIN
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? Yes
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes
A
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
The project as proposed would result in the loss of 58,438 sq. ft. of primary nursery area
bottom substrate. The dredging of this area would eliminate the existing use of these waters as
a primary nursery area. Such a proposal is inconsistent with 15A NCAC 2B .0201.
It is my understanding that the original LAMA Minor Permit issued for the construction of the
pier and docks contained a condition that future dredging would not be available due to the fact
that the pier was being located in a designated primary nursery area, however, in 1989 the
Dolphin Bay Homeowners Association applied for a permit to allow the dredging of 135,400 sq.
ft. of primary nursery area bottom around their new docks. This Office recommended denial of
the 401 Certification on June 7, 1989 based on the removal of the existing use of these waters as
a primary nursery area. The CAMA Permit for the 1989 project was ultimately denied as well
as a variance request to the Coastal Resources Commission. As long as DMF maintains that this
area is functioning and has a use as a primary nursery area, this Office would recommend, as in
the 1989 project, that the 401 Certification be denied.
cc: Central Files
Wilmington Regional Office Files
DCM-
John Parker

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Dolphin Bay Homeowner's Association
2.
4.
LOCATION OF PROJECT SITE: Dolphin Bay Subdivision off US 421 - New Hanover County -
Myrtle Grove Sound and the AIWW.
Photo Index - 1915:# 21-241 grd. N-O; 10-11 1989: 178-13 gr H;8-9 1984.17-913gr _N-
M;17-1 R
State Plane Coordinates - X:2336600 Y:118200
3. INVESTIGATION TYPE: CAMA and D&F
INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1/18/95; 8/30/96
Was Applicant Present -y(

6.
7.
5. PROCESSING PROCEDURE: Application Received -1/8/97
Office - Wilmington
SITE DESCRIPTION: (A) Local Land Use Plan -Wilmington - New Hanover County
Land Classification From LUP - Conservation -
(B) AEC(s) Involved:EW; PTA; ES
® Water Dependent:Yes
(D) Intended Use: Docking facility for existing subdivision
(E) Wastewater Treatment: Existing -Private central sewer
Planned -none
(F) Type of Structures: Existing - partial re-build of the pier damaged by storms
Planned - access dock to provide for 101 total slips
(G) Estimated Annual Rate of Erosion: n/a
Source - n/a
HABITAT DESCRIPTION:
.[AREA]
DRFDrFD FI1_I FD QTHFR
(A) Vegetated Wetlands appx. 400 sf
Crossed by pier
(B) Non-Vegetated Wetlands appx 58438
Open water dredged sf
® Other appx 6880 sf
Water area shaded by pier
(D) Total Area Disturbed: Approximately 65,718 sf (1.51 ac)
(E) Primary Nursery Area: yes
(F) Water Class SA Open: no
&PROJECT SUMMARY: The applicants are proposing to reconstruct the pier system which was present before
the two Hurricanes of 1996. In addition to the pier the applicants are also proposing to perform limited dredging
to provide for improved boating access from the pier.
1 T*
J
Dolphin Bay Homeowners Association
c/o Mrs. Phyllis Hammond
Page 2
9. PROJECT D SCSIPMO.N - The project site is located on the west side of Myrtle Grove Sound and the
AIWW in New Hanover County. It is adjacent to a 50 acre subdivision which contains lots which are
approximately 0.5 acres in size. The majority of the subdivision has been built out with single family lots.
There is a common area located along the shoreline of the property from which community access had
been provided prior to Hurricane Fran. The access pier and associated docks was essentially destroyed
by the storm event. The shoreline in the project vicinity has a band of Spartina a/temif/ora marsh which
measures approximately 50 feet in width. The shoreline also involves the presence of a fairly deep cove
which aligns the mean high water contour an average of approximately 200 feet landward of the adjacent
shorelines to either side of the project area if a line is extrapolated from the points to either side of the
project area. There is a shallow water transition area from the waterward edge of the marsh which
extends approximately 350 feet waterward to the -4' mean low water (mlw) contour. From this point
the water deepens approximately 1 foot vertically for each 25 feet horizontally to a depth of -10' mlw.
This point is approximately 180 feet from the near edge of the AIWW channel which has a project depth
of -12' mlw. The formally existing pier and docks extended approximately 500 feet waterward of the
mean high water (mhw) contour. This location was approved by means of a US Army Corps of Engineers
permit and a CAMA minor permit obtained form New Hanover County. The original project was permitted
at a time when the federal permit did not trigger a corresponding CAM major action. The 1 /3 width rule
now in effect did not control. the ultimate length of the pier. This parameter was set by the -4' mlw depth.
At the time of the permit issuance, the fact that the pier was being located in an area designated as a
primary nursery area was noted on the face of the minor permit with a condition that future dredging would
not be available. Over time, significant shoaling has occurred in the area in and around the pier and docks.
The homeowners have applied on two occasions for permits which would allow for new dredging in order
to restore the boat access provided by the pier and docks. The initial request was denied and that denial
was upheld through the appeal process. The second request was also denied and no further action
regarding dredging was taken by the homeowners following the denial. The applicants applied for permit
authorization to redo the existing pier and docks in 1991 and that request was authorized by State permit
# 61-91.
Maintenance excavation in canals, channels and boat basins within primary nursery areas and beds of
submerged aquatic vegetation should be avoided. However, when essential to maintain a traditional end
establish use, maintenance excavation may be approved if the applicant meets all of the following
cntena as shown by clear and convincing evidence accompanying the permit application. This Rule does
not affect restrictions placed on permits issued after March 1, 1991.
(i) The applicant demonstrates and documents that a water-dependent need exists
for the excavation; and
(ii) There exists a previously permitted channel which was constructed or maintained
under permits issued by the State or Federal government. If a natural channel was
in use, or if a human-made channel was constructed before permitting was
necessary, there shall be clear evidence that the channel was continuously used
for a specific purpose; and
(iii) Excavated material can be removed and placed in an approved disposal area
without significantly impacting adjacent nursery areas and beds of submerged
aquatic vegetation; and
(iv) The original depth and width of a human-made or natural channel will not be
increased to allow a new or expanded use of the channel.
In response to that change, and also due to the fact that the pier and dock system was destroyed by the
combination of Hurricanes Bertha and Fran the applicants are now proposing to rebuild the existing pier
and docks and are also proposing to deepen by dredging that area around the replaced docks which
involves the fairway to the west side of the docks and most of the fairway on the east side. The docks
would be connected to the high ground by means of a 300' by 8' wide pier connecting to a 20' by 20'
gazebo. The applicants propose to connect the pier to the docking system by means of a 32' fixed pier

Page 3 - Dolphin Bay
to which a 40 ' ramp will be attached. The ramp will attach to the floating dock just north of the
approximate mid-point of that feature.
On the North side the pier will extend for 280 ' and will terminate in a 40' long "T". This portion of the
docking will provide for 24 slips on the AIWW side and 27 slips on the landward side with 4 slips at the
"T" to be used for guest dockage. The South arm of the dock will extend for 298' terminating in a 16'
long "T". This will provide for 21 slips on the AIWW side and 24 slips on the landward side and with 1
slip at the "T" again used for guest dockage. The existing fingers will be eliminated and tie pilings will
be set approximately 20' off the dock to provide moorings for boats up to 23' in length. On the East
(landward) side of the dock the applicants are proposing to dredge an area approximately 50' from the face
of the dock to a depth of -6' mlw. The dimension of the cut will be approximately 50' by 700'. On the
AIWW side of the dock water depths are deeper and the dredging as proposed will follow the -6' mlw
contour in a generalized semi-circle shape approximately 625' long by a maximum width of 75'.
Approximately 15,000 cu yds of sand will be excavated and will be pumped to a proposed spoil disposal
site located at the northern end of the Town of Carolina Beach.
10. APMCIPATED IMPACTS - This project was originally permitted at a time when several rules now in effect
had not yet been promulgated. The original project was approved through the combination of a CAMA
minor permit (81-45) issued on 1/13/82 and a US Army Corps of Engineers authorization. The minor
permit was modified to allow for an addition to both ends of the original pier. In October of 1982.
Although an off shore length of 304 feet is referenced in a portion of the permit authorization found in the
Minor permit this dimension is not shown on any of the plat work accompanying the permit documentation.
The current requirement for a pier length not to exceed 1 /3 the width of the water body was not in effect.
There was a restriction to limit the pier to a point greater than 85 feet form the AIWW. The requirement
that the total coverage of any access structure for a private docking facility be limited to 27 square feet
per linear foot of shoreline was not in effect at the time of the authorization of the permit. Although the
general practice at the time of the original permit was to limit piers to a water depth of -4' mlw there was
no actual reference to this. There is the indication that this was the case as a cross-section view on one
of the original plats indicates a water depth of -4' mlw.
The applicants have proposed several activities to provide for more adequate access to and from the pier
facility serving their subdivision. Initially, in 1989 the applicants proposed to relocate the dock landward
to a point approximately 70 feet from the existing location. In addition to the relocation the construction
of a breakwater structure was also proposed. The applicants also proposed the removal, by hydraulic
dredging, of approximately 20,700 cu. yds. of material to provide for improved boat access. This request
was ultimately denied and the Request For a Variance of this determination in 1989 was also denied by
the Coastal Resources Commission. The applicants returned with a request for a reduction in scope of
the dredging requested and that request was either withdrawn or denied. There is no record of an appeal
action with respect to the 1990 action. In 1991 the applicants requested a permit which would authorize
the modification of the existing pier and docks to allow for the elimination of the existing finger piers and
the re-working of the existing dock. This request was authorized by the issuance of State Permit # 61-91.
The current proposal involves, as outlined above, the rebuilding of the dock system destroyed by Hurricane
Fran and a new request for dredging of a portion of the primary nursery bottom located adjacent to the
docking slips and the fairway to the slips. As proposed, the dredging will cause to be deepened
approximately 58,438 sf in areas ranging in depth from approximately - 2' mlw (shoaled area under
existing. slips) to -6.5' mlw on the AIWW side of the docks. Approximately 15,000 cu yds of
predominately sandy material would be removed and would be placed in a proposed spoil disposal area
located at the north end of Carolina Beach. This appears to constitute "beach disposal" and would more
than likely require water quality certifications not usually associated with high ground disposal.
The existing docking system appears to have been located where water depths reached at least -4'
@mlw based on the original plats. The as-built pier appears to have been located more waterward
than the 304 feet noted in the original permit. This additional distance off-shore implies that water of
sufficient depths to allow for adequate navigation was present when the docks were first used. It
Page 4 - Dolphin Bay
appears that the adjacency to the AIWW and the physical configuration of the dock system have, over
time, contributed to the rate of shoaling experienced by this facility which has now reached the point
that the major potion of the facility was impractical to use. There is graphic evidence that shoaling
has occurred when the various plats (since 1989) are examined. The original 1989 sounding
information indicates that significant shoaling had taken place at the north end of the existing docks.
The April 1989 revision, for the variance request, of the shoaling information indicated that `lumps' of
from 0.0' mlw to + 1.0' mlw had developed along the entire length of the existing dock. Current
information in the 1996-97 information indicates that the shoaling has now redistributed to affect
approximately 2/3rds of the dock beginning at the north end and extending toward the south. The
width of the shoal has increased from the initial 10'+/- to approximately 60 feet. This ongoing
shoaling has created a significant problem for the applicants. The original access provided by the
docking system has been severely impacted by the accumulation of material. Dredging in a primary
nursery area has not been sanctioned in the past. Especially in those areas that have not been
dredged in previous times.
However, the change in 7H .0208(b)(1)(J) discussed above allows for maintenance dredging provided that all
four criteria are met. The applicants have not provided proof that the pier area or (basin) has an established
channel which is required to satisfy criteria (ii) in the modified rule.
Submitted by: C. Robert Stroud, Jr. Date: March 17, 1997 Office: Wilmington

Form DCM-MP-1
APPLICATION
(To be completed by all applicants)
J
1. APPLICANT
a. Landowner:
Name _AQtA FQW QC-(K NC--S0 C-.
w
b. Ztyto
n, community or landmark
ot?T Qf-- C4EWL1Wa 6Ae-9
f?1C--?1Z 5??3Te! Lc:l?1? ?Of?ih?s 1(?
c. Street address or secondary, rroad number
!,? Q-Z
d. Is proposed work within city l1' or planning
jurisdiction? Yes No
Address 1? (? < GIX
City I ?U I U-A I "ta l CJ State Zi
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) " W, kT
i?I?+?? U i_ i ? ?? ??CA c-tz t IJLi? ?
Zip Day Phon 7
DESCRIPTION AND PLANNED USE
Fax
J AN G 8 1997 9- OF PROPOSED PROJECT
b. Authorized Agent:
VISION Name M?h. ?4qLWh4 Qi?ENT
Address -7 ZOZ 4 SCALLOP LAOS
City \J (L f •/I 1Q &T0 V State Ci
List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities
Zvcgi L(
d ??o^^?? Q T
t`J w
4a g Day Phone 52 r O 234- a
ZIP _ Y ? b. IS the proposed activity maintenance of an existing
7? Z 2 ?? G VJ project, new work, or both? MN U IE1 AIZG?
Fax
c. Project name (if any) LPA ITV L A Y
u1%I)1\/161o0 D1LIU?.)lR [LITY
NOM Permit will be issued in name of landowner(s), mid/or
project name.
2. - LOCATION OF PROPOSED
PROJECT
a. County OF-\.,j Co.
c. Will the project be for public, private or commercial
use? F-12-1 d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional Dazes.
10
Revised 03/95

Form DCM-MP-1
0
AN g 1997
4. LAND AND WATERCOASTAL MA14AGEMEI1Tm.
CHARACTERISTICS
a. Size of entire tracts S
b. Size of individual lot(s) A k, ±
c. Approximate elevation of tract above MHW or
NWL 4-&' To + s t rah St_
d. Soil type(s) and texture(s) of tract
e. Vegetation on tract ?a
f. Man-made f tures now on tract PP-WATE;
} t ES Dot: -l 06 -PAC-1 L
g. What is the CAMA Land Use Plan land
classification of the site? (consult the locat land =e plan.)
l,--Gonservation
Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local g vernment?
51 QC4 L? 17S.M I L--e c--d0'S I ,ter
i. Is the proposed pro ect consistent with the applicable
zoning? _?Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes _e:?'-No
If yes, by whom? WA,
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes ? No
1. Are there wetlands on the site? Yes 1?No
Coastal (marsh) Other
If yes, has a delineation been conducted? _
(Anach documentation, if available)
Describe existing wastewater treatment facilities.
M YLt.c lAY -0 Tl Ll 7/ e-e-,
S Y 5Tfft4
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
k3t!5:)NG
o. Describe existing,drinking water supply source.
I I17D1 yt DU/%L_ -...1 E LLZ,
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed. or other instrument under
which the owner claims title, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross-sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army.. Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the
Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
JAN 081997
DIVISION OF
COASTAi n4A;.; ,, G E> .
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
At
• A list of the names and. complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name M6- DA tj T ?-OG.C-
Address MV-T ?IJ1LLMM?2 Pk ,WY
Phone ? ? ?l nn?? •y? 2.2-:504-
Name M R, t--0 V- LZ
Address q30t?o COP-1 V1 ?D
Phone W 1 L M 1 LaTl1 r or, 'L?i4ti`d1
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
QC_ Cv l -O'l

• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs - of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the day of aL , l&-
Print N
Signature
or Adthorized Agent
Please indicate attachments pertaining to your proposed
project.
L DCM MP-2 Excavation and Fill Information
DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.

Revised 03/95
Form DCM-MP-2
EXCAVATIO
JAN 0 81997
AND FILL DIVISION OF
COASTAL MA14AGEMENT
(Except bridges and culverts)
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization).
Average Final
Existing Project
Length Width Depth Depth
QA
N?

7s A?Cq

WA

?J• Z

WA
J• 1? tv
iOY+y
..........vim
N?
1. EXCAVATION
a. Amount of material to be excavated from beloN
MHW or NWL in cubic yards ) 5 % 000 CY
b. Type of material to be excavated *6-0z?a-
c. Does the area to be excavated include coasta
wetlands (marsh), submerged aquatic vege for
(SAVs) or other wetlands? Yes No
d. Highground excavation in cubic yards -OA
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area 0,0 F- Utz
t9 MQAL- DIL k0G4V--0U un
b. Dimensions of disposal area T? &ajos:r
t2?Q yi !l€S OI lLE ?•GbLI= X.L?a L?
c. Do you claim title to Aftposal area?
Yes No
if no, a ch a letter granting permission om the
owner. r--T 11=/Z A-j-7;??1
d. Will a disposal aged be available for future
maintenance? J.--' Yes No
If yes, where? -5AME-: L06k-VAJ
Revised 03/95
Form DCM-MP-2
12 months
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or oth etlands? Amount of material to be placed in ti
Yes No Lt"er?JAN water L,? .L?
( Dimensions of fill area
f. Does the disposal incl any area in O 8 1997 A
Yes No DIVISION OF (3) Purpose of fill
COASTAL MA14AGEMENT
b. Will fill material be placed in coastal wedanc
3. SHORELINE STABILIZATION (marsh), SAVs or oth a ands?
Yes No
If yes,
%Le f shoreline stabilization (1) Dimensions of fill area
Bulkhead Riprap
(2) Purpose of fill
bc. AveraQ A distance waterward of MHW,6r NWL

5. GENERAL
d. Maximum Nstance waterward of)GIHW or NWL
e. Shoreline erosion during
(Source of
f. Type of bulkhead or
g. Amount of fill in cubi
water level
(1) Riprap
(2) Bulkhe d backfll
h. Type off 1 material -
i. SourAe of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
b. What type of construction equipment will be user
(for example, dragline, backhoe, or hydraulic
dredge)? 4YD f2-A 0 L-- (6Zk&04f
c. Will wetlands be cr3ssed in transporting equipment
to project site? Yes ?o
If yes, explain steps that will be taken to lessen
environmental impacts.
a. Will fill material be ught to site?
Yes No

a. How will excavated or fill material _be kept. on sits
and erosion controlled? 74 L)1lf
A-1 I_LI K)14 AO-S/ Pt Or-0 7-0
material
to be placed below
Revised 03/95
Date
Form DCM-MP-6
JUIL V
EJLUr1'U
E
N D ??
.
.
JAN
0 81997
Attach this form to Joint Application for CAMA Major g. T ?Cl t1 1 ??7.3
? §9
26
Permit, Form DCM-MP-1. Be sure to complete all 4
ENT
other sections of the Joint Application that relate to this h. Maximum boat length 2 3
proposed project.
L Are any floating structures planned?
0
If so, describe
1. MARINA CHARACTERISTICS
a. Check below the type of marina propos
Commercial Public esidential
2.
b. Will the marina be open to a general public? MARINA OPERATIONS
Yes o
a. Check each of the following sanitary facilities that
c. If there is residential development associated with will be included in the proposed project..
the marina, how many units or lots are planned and f
_' _ Office toilets
how many are currently developed? 4 Toilets for patrons

U! \t 1 9; 10>? (p / Number 0
Location C?
JJ Showers
d. Check all of the types of services to be provided. ?- Boat holding tank pumpout
10A Full service, including travel lift and/or rail Type and location 0
1,1,11 Dockage, fuel, and marine supplies
?Dockage ("wet slips") only -?.
Number of slips ? vm ?? (Ceml7 b. Describe treatment type and disposal location for all
L Dry storage sanitary wastewater. 1.70 Lr--
Number of boats
at ramp(s)
Other (describe)
c.
e. Check below the proposed type of siting. Describe the disposal of solid waste, fish offal and
trash disposal. Lr,?v& CLLR
.9_ Land cut and access channel
en water w? }th dred ing for basin and/ r
L
t4
channel C?t
,4
?OV&?-?
. UA Open water, no dredging required d.
?4 Other (describe) How will overboard discharge of s wage from boats
be controlled? Lo D M?
^J) to ALL 7?l tP-V A
f. Describe the typical boats to be served (for example, ? ? ?AQ5
open runabout, charter boats, sail boats, mixed
types). ! Y44U, -re.
31
4 Give the location and nu r of "No Sewage
2
00 t:4
a Discharge" signs proposed. 2 - f 40 !?A?
s 11?c OF ???. o
Revised 03/95
MARINA
.?
(Required for the mooring of more than 10 vessels)
Form DCM-MP-6
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as paint,
sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be
disposed of ?
h. Give the number of channel markers and "No
Wake" signs proposed. IL in OL-'
i. Give the location of fuel-handling facilities, and
describe the safety measures planned to protect area
water quality. L 10 L I is
T
e?41ST-7 Qom;
o. Is the marina proposed within primary of
secondary nursery area? I es No
p. Is the marina proposed within an area o en tc
shellfish harvesting? Yeso
q. Give the location' and number of "Pumpout
Available" signs proposed. b^r)I)
Date
- M OTC '$
j. Describe design measures that promote boat basin
flushing or circulation and that reduce water quality
impacts. DA
k. What will be the marina policy on ove . i ht an. live-board dockage? 1-)©f AL•L-OU)64D

1. Is the proposed marina located ear any shellfish
leases? Yes _ j
If yes, give the name and address of the leaseholder.
m. If this project is an expansion of an existing marina,
what types of services are currently provided?
l-? t- 3oocd Poa,-r4 or wl--1:7
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DIVISION OF
COASTAL MANAGEMENT
n. How many slips are now available?
Revised 03/95
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DIVISION OF
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MAINTENANCE DREDGING AND REPAIR OF EXISTING
ACCESS PIER. RAMP AND FLOATING DOCK
AT DOLPHIN BAY SUBDIVIDION
US HWY 412 SOUTH
WILMINGTON, N.C
NEW HANOVER COUNTY
J
BY PHYLLIS HAMMOND Q?
7202 SCALLOP LANE
WILMINGTON, N.C.
AGENT FOR DOLPHIN BAY HOMEOWNERS ASSOCIATION
DRAWN BY W. H. WARREN,JR. DECEMBER 1996
AERIAL PHOTO SHOWING EXISTING DOCKIN !SIT
BEFORE HURRICANE FRAN, SEP. 199
PHOTO FROM NEW HANOVER CO., N.C OR THOPHOT JAN 0 8 1997 '.
NUMBER 3131.02 DATED FEBRUARY 1994.
SCALE: 1"=200'-O" DIVIS±UN OF
200 100 0 200 400 COASTAL MA14AGEMENT
SCALE IN FEET
MAINTENANCE DREDGING AND REPAIR OF EXISTING
ACCESS PIER, RAMP AND FLOATING DOCK
AT DOLPHIN BAY SUBDIVIDION
US HWY 412 SOUTH
WILMINGTON, N.C
NEW HANOVER COUNTY
BY PHYLLIS HAMMOND 2 D 7
7202 SCALLOP LANE
WILMINGTON, N.C.
AGENT FOR DOLPHIN BAY HOMEOWNERS ASSOCIATION
':BRAWN BY W. H. WARREN,JR. DECEMBER 1995
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V` ?MA-QN INLET
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?JAN 0 8 1997
DIVISION OF
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PROJECT LOCATION
SPOIL LOCATION
z
BEACH INLET
Dora BEACH
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rSPOIL AREA NOTE:
. l SPOIL WILL BE PLACED IN AN ESTABLISHED
AREA BEING USED BY THE TOWN OF CAROLINA BEACH.
THE AREA IS 500± FEET NORTH OF THE END OF CANAL DRIVE.
DIKES WILL BE SIZED TO HOLD 15,000± C.Y. FOR THIS PROJECT.
SCALE
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PROJECT AND SPOIL SITE LOCATION
MAINTENANCE DREDGING AND REPAIR OF EXISTING
ACCESS PIER, RAMP AND FLOATING DOCK
AT DOLPHIN BAY SUBDIVIDION
US HWY 412 SOUTH
WILMINGTON, N.C
NEW HANOVER COUNTY
BY PHYLLIS HAMMOND pr'
7202 SCALLOP LANE
WILMINGTON, N.C.
AGENT FOR DOLPHIN BAY HOMEOWNERS ASSOCIATION
DRAWN BY W. H. WARREN,JR. DECEMBER 1996
GRASS
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SAMPLE LEGEND
INDICATES SAMPLE
CS-le • O
NUMBER AND LOCATION .4

SOUNDINGS AND ELEVATIONS BASED ON LOCAL LOW WATER
APPROXIMATELY 15,000 C.Y WILL BE REMOVED BY HYDRAULIC
DREDGE AND PLACED IN SPOIL AREA AT NORTH END OF
CAROLINA BEACH.
100 0 100
SCALE IN FEET

Brr'bard Catlin k koc>atrs be PRO.F1Cr DREDGING PROJECT
AT DOLPHIN BAY SUBDIVISION AIlE FIGURE
.

fN NTAL fAG S AMC N) gr7bSIS RC&A
US HWY 421 SOUTH
VALMINGTON, N.c DREDGE SPOIL CHARACTERIZATION

COMPOSITE SOIL SAMPLE LOCATIONS
NEW HANOVER COUNTY
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