Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
29-20 (CRC Variance) Shinn Creek Estates HOA
Permit Class NEW (BY CRC VARIANCE) STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit 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 Shmn Creek Estates HOA, 6433 Shinn Creek Lane, Wilmington, NC 28409 Permit Number 29-20 Authorizing development in New Hanover County at man-made boat basin and connecting channel adi. to the AIWW, at 6432 Shinn Creek Ln, in Wilmington, as requested in the permittee's application dated 11/5/18, including attached drawings (7), Sheets 1-4, 6,7 of 7 dated "Revised 4/10/19" and Sheets 5 of 7 dated 10/25/18. This permit, issued on March 3.2020 , 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. Excavation 1) In keeping with the Variance (CRC-VR- 19- 10) granted by the Coastal Resources Commission (CRC) on February 12, 2020, and the Order signed by the CRC Chairman on February 19, 2020, the depth of excavation shall not exceed -3 feet below the mean low water level for the boat basin, maintained channel and the area known as the "S Channel". In no case shall the depth of excavation exceed the depth of connecting waters. 2) In order to protect juvenile shrimp and fmfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. (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, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. 4ZA r;x_l� f Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Shinn Creek Estates HOA Permit No. 29-20 1 Page 2 of 4 ADDITIONAL CONDITIONS 3) No excavation shall take place outside of the area indicated on the w! rkplan drawings and in no case shall excavation take place within 10 feet of any Coastal Wetlands. 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding waters. - 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted outside of the area indicated on the workplan drawings. Dredging in any manner, except to the extent authorized under Variance Order CRC-VR-19-10, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted activity. 7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the pennittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Spoil Disposal 8) No spoil material shall be placed within 30 feet of the mean high water line. 9) All excavated materials shall be confined above mean 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. 10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of each dredging event 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. - Shinn Creek Estates HOA Permit No. 29-20 Page 3 of 4 ADDITIONAL CONDITIONS Oyster Bed Mitigation 12) In accordance with commitments made by the permittee and in order to satisfy, concerns of the resource agencies, originally proposed wooden breakwaters located at the "S Channel" for this project are hereby deleted. Any and all reference to the originally proposed wooden bre•akwaters in the attached permit application or workplan drawings is hereby considered null and voiq. 13) In accordance with commitments made by the permittee, the locatioh of the authorized oyster beds located along the maintained channel and the "S Channel" shall be constructed in accordance with the attached workplan drawings. 14) No vegetated wetlands or oyster resource shall be filled, even temp)orarily. 15) The location of the authorized oyster beds shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 16) The oyster beds shall consist of clean oyster shell. The permittee shall be responsible for immediate removal of any materials or debris that becomes dislodged or moves outside the authorized alignment. 17) Any mitigative measures or environmental commitments specifically made by the applicant in the narrative for this project shall be implemented, regardless of whether or not such commitments are addressed by individual conditions of this permit. Navigational Aids 18) In accordance with commitments made by the permittee, the channel navigational aids shall be constructed and located as depicted on the attached workplan drawings. USACE Conditions 19) In order to further protect the endangered West Indian Manatee, Trkhechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictIiy adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/ne-es/mammaUmanatee—guidelines.pd General 20) 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. I 21) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastali Management prior to the initiation of any dredging or mobilization activities. i 22) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Shinn Creek Estates HOA COUNTY: New Hanover PROJECT NAME: Shinn Creek Estates Improvments LOCATION OF PROJECT: 6432 Shinn Creek Ln., adjacent to the AIWW, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-27-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Surgan DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: 't'4e- G%f, vm B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $400 (60140) # 4135 APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REC'D: 12-14-19 END OF NOTICE DATE: 1-4-19 ADJ. RIP. PROP NOTICES RECD: DEED RECD: Yes C) 75 DAY DEADLINE: 2-10-19 150 DAY DEADLINE: MAIL OUT DATE: 12-11-18 STATE DUE DATE: 1-4-19 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers — Regulatory Branch DWR-401 Section DWR— Public Water Supply DEMLR — Stormwater & Sed/Erosion DOA — State Property Office Wildlife Resources Commission DMF — Shellfish Section DMF — Habitat & Enhancement DNCR —Archives & History DNCR — Natural Heritage Program NCDOT CEIVED Rural Development Division LLI Utl, I J Lv'. DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIW W Fee: $400 135 CDAITS KMHC cc Applicant: Shinn Creek'ItM 65fmfeS ti0/}- AgenttContractor: Land Management Group do Greg Finch Project Site County: New Hanover Staff: Brooks Surgen District: WAmington Project Name: Shinn Creek Maintenance Excavation Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 11-7-18 Date application "received as complete" in the Field office: ) Z� SITE DESCRIPTION/PERMIT INFORMATION ORW: []Yes NNo PNA: es []No Photos Taken: Yes ❑ No Setback Required (riparian): ❑Yes XNo Critical Habitat: ❑Yes NNo ❑Not Sure 15 foot waiver obtained: ❑Yes o Hazard N tification Returned: []YesWNo SAV: ❑Yes No ❑Not Sure Shell Bottom: []Yes[]NoNot Temporary Impacts: ❑Yes No Sure Sandbags: ❑Yes No El Not Sure Did the land use cla sification come from county LUP: [-]No MitigatignRequired (optional): ❑, Yes WYes No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: OYes []No ❑NA ❑Yes 014o ❑NA j �,Ip FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -or- lose SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) LJ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (OR" WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Dishchlis ❑ (SC) Bullrush or thrW square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major LJ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 VED Major development extension request - El [I. Public or commercial/no dredge RECE $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 CM-MHD CITY Shinn Creek HOA Date: 11-7-18 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One If In New Work ❑ Replace Y (,nrsa tlbr� Maint ❑00 N tic, k�bn New —kV Replace 8 b0 �A Maint ❑ ❑ Y N L� CXGadAnv(� ( New Work ❑ Maint C4 Replace ❑ Y M N r �^ New Work Replace Mart ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace 1 Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount t� S ✓ Dredge Fill ❑ Both ❑ Other ❑ gQVQ Coo �46- Dredge ❑ fill10 Both ❑ Other ❑ 4000 ptoo Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑' Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888.4RCOA3T :: www.nccoastalmanalaement.net revised: 02/26MS 2. 3. 4. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Shinn Creek Estates HOA, Inc. c/o Greg Finch (LMG) LOCATION OF PROJECT SITE: Site is located at 6432 Shinn Creek Lane, adjacent to the Atlantic Intracoastal Waterway, in Wilmington, New Hanover County. Photo Index — 2006: 22-7423 L-N, 22 / O, 23 INVESTIGATION TYPE: CAMA / D&F Lat:34°11'44.39"N Long:77°49'41.53"W INVESTIGATIVE PROCEDURE: Dates of Site Visit — 12/6/2018 Was Applicant Present — No PROCESSING PROCEDURE: Application Received — 11/7/2018 Complete—11/27/2018 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington/New Hanover County Land Classification From LUP — Developed (Residential), Conservation (Open Water) (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing- Septic Planned- N/A (F) Type of Structures: Existing- Single-family residences, driveways, private docking facilities and ramp Planned- Excavation of channel and basin. (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Shading) (B) Non -Vegetated Wetlands (Open Water) 9,000 sq.ft. (C) Other - Highground (Spoil Disposal) (D) Total Area Disturbed: 18,000 sq. ft. (0.41 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA;HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to maintain an existing access channel and basin, excavate a new channel to the Atlantic Intracoastal Waterway (AIWW), and install new breakwaters. RECEIVED DEC 13 2018 DCM-MHD CITY Shinn Creek Estates HOA, Inc. Page 2 9. PROJECT DESCRIPTION The subject area is located at 6432 Shinn Creek Lane, in Wilmington, New Hanover County. To locate the properties from the Wilmington Regional Office (WiRO), take Eastwood Road and travel east towards Wrightsville Beach approximately 2.0 miles. Turn right onto Military Cut -Off Road and travel south approximately 1.3 miles until you reach Greenville Loop Road. Turn left onto Greenville Loop Road and travel approximately 0.85 miles south until you reach Shinnwood Road. Turn left onto Shinnwood Road and continue for 0.4 mile. Take a left on to Welcome Lane and then a right on to Shinn Creek Lane. The project area is located at the end of Shinn Creek Lane at the community boat ramp and docking facility. The project area is located adjacent to a maintained community owned property at the end of Shinn Creek Lane which serves a neighborhood of 36 properties. The property is approximately 3.22 acres with an average elevation of approximately 6' above Normal High Water (NHW). Existing structures on the upland portion of the lot consists of a driveway and a raised road and culvert stabilized by riprap. There is an existing drainage channel which crosses north to south across the applicant's property. At a right angle to the east of the drainage channel is an existing 25' wide by 30' long boat basin and approximately 600' long access channel that leads from the basin to a natural "S" channel. Within the existing basin and access channel is a community boat ramp, docking facility and several private docking facilities. The natural "S" channel has limited navigation at high tide out of the access channel and empties in to a man-made canal that is maintained by Shinnwood homeowners for access to the AIWW. The upland area of the project site is vegetated primarily with upland trees and ornamental grasses and shrubs. There is a narrow section of section "404" type wetlands located on the waterward side of the property, which consists of Sea Myrtle (Baccharis halimifolia), and Sea Oxeye (Borrichia frutescens). Coastal Wetland species located adjacent to the project area include but are not limited to: Saltwort (Salicornia sp.), Black Needle Rush (Juncos roemarianus), and Smooth Cordgrass (Spartina alternii lora). Based on permit history for dredge and fill and historical aerial photography, it appears the boat basin and access channel were originally excavated some time prior to 1970 before CAMA regulations came in to affect. State Permit No. 72-82 was issued on June 22, 1982 to Joseph Rogers authorizing maintenance dredging of the 25' wide by 30' long boat basin to -5' MLW. The permit also included maintenance of an access channel measuring 20' wide by 670' long and -5' MLW, a 35' long bulkhead within the basin, and two 5' wide by 10' long riprap breakwaters to stabilized either side of the "flared entrance". The approved work plan drawings show the access channel ending north of the natural "S" channel and does not include excavation of the natural "S" channel. State Permit No. 72-82 was modified on May 12, 1983 for a 20' wide by 30' long boat ramp, 6' wide by 16' long float, a 6' wide by 12' long wooden walkway, and a bulkhead. State Permit No. 72-82 was modified on June 7, 1985 for maintenance excavation of the ditch on the north side of the culvert to 8' wide by 60' long by -3' at MLW. State Permit No. 72-82 was renewed on June 23, 1987 and then again on February 19, 1992. Letter of Refinement was issued on November 17, 1993 for State Permit No. 72-82 authorizing the relocation of the dredge spoil site on the property. State Permit No. 72-82 was transferred to Boyce Quinn, Inc. on January 24, 1996 and was modified on January 2, 1997 for the relocation of the existing boat ramp, sheet pile breakwaters, and docks. State Permit No. 72-82 was renewed again on July 9, 1997. A major modification application was received by the Division of Coastal Management on June 26, 1996 with revisions submitted July 30 through August 27, 1997. The application proposed the excavation of a 30' to 40' wide by 1,390' long access channel to -6' at MLW to connect the AIWW to the head of the existing access channel. The project proposal also included excavation of the 345' long natural "S" channel that had not been previously dredged. Permit files were inconclusive in determining that a major modification was issued for this dredge project. State Permit No. 72-82 was renewed and then modified and renewed on August 12, 1999 to reconfigure a proposed pier and float and then was renewed again on May 30, 2001. A Letter of Refinement was issued for State Permit No. 72-82 on March 6, 2002 authorizing the relocation of an existing float within the basin. State Permit No. 72-82 was renewed on February 5, 2007 and transferred to Shinn Creek Estates HOA. Two requests for maintenance dredging within the basin and access channel were received by NCDCM on June 11, 2011 and June 4, 2013 but no authorization of the proposed maintenance dredging could be found in the permit file. A Letter of Refinement t�was issued for State Permit No. 72-82 on July 15, 2014 authorizing a 12' by 12' open wooden platform on h�S Fla new 4' wide by 30' long walkway. A minor modification to State Permit No. 72-82 was issued on Apri orizing a new fixed access walkway, access ramp, and floating dock. State Permit No. 72-82 expired on December 31, 2015. DEC 13 2018 Shinn Creek Estates HOA, Inc. Page 3 The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the AIWW are classified as SA by the Division of Water Resources. This area IS designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and according to maps provided by the Shellfish Sanitation Section, the area is CLOSED to the harvesting of shellfish. PROPOSED PROJECT The applicant proposes to maintain an existing access channel and basin, excavate a new channel to the Atlantic Intracoastal Waterway (AIWW), and install new breakwaters. An initial dredge event is proposed to remove approximately 600 cy of material from an area measuring 8' wide by 1,083' long to a depth of approximately -3' at MLW. The proposed initial dredge area would include and existing 25' wide by 30' long boat basin, and an 8' wide by 1,083' long access channel, of which approximately 460' linear feet is considered new dredging of the natural "S" channel (see Sheet 4 and 5 of 7). Shallow bottom material would be removed mechanically by bucket -to -barge method and deposited at a privately -owned spoil disposal site identified by the applicant as Parcel ID No. R06300-002-003-000. The spoil site is located approximately 0.3 miles north of the project site and adjacent to USACE Disposal Site No. DA-0251 at the confluence of the AIWW and Shinn Creek (see Sheet 1 of 7). The disposal site is owned by Shore Acres Company who has approved the applicants use of the site for this project in the enclosed letter of agreement. The application states that the material would be off loaded and placed outside the USACE Easement Boundary on the eastern portion of the island. The proposed spoil site is commonly used as a disposal site by local marine contractors. The proposed final water depth for this area would be -3' at MLW in connection to a waterbody that has an existing water depth of -3' at MLW. The applicant also proposes four (4) wooden breakwaters at the perimeter of the "S" channel; two approximately 60' long, one at 70' long, and one at 40' long and approximately P above MHW (see Sheet 5 through 7 of 7). As proposed, the breakwaters would have open spacing between the boards and provide unimpeded water and faunal movement. 10. ANTICIPATED IMPACTS The proposed initial dredging would disturb approximately 9,000 sq. ft. of shallow bottom area and would result in the removal of approximately 600 cy of material from the existing basin and access channel system. Approximately 3,680 sq. ft. of the shallow bottom within access channel is classified as Primary Nursery Area which would be deepened from its natural depth of 0' to -I'at MLW to -3' at MLW. The disposal of the material would impact approximately 9,000 sq. ft. of highground, which would be located on an existing spoil island at the confluence of the AIWW and Shinn Creek (adjacent to USACE Disposal Site No. 0251), which is commonly used as disposal site by local marine contractors. Minor increases in turbidity should be expected during the dredging event; however, no long term adverse impacts are anticipated. The applicant claims that the project would benefit upstream water quality by removing a significant barrier to circulation associated with the shoaling at the natural "S" channel. Submitted by: Brooks Surgan Date: December 7, 2018 Office: Wilmington RECEIVED DEC 13 Z018 DCM-MHD CITY 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27I06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Shinn Creek Estates HOA Shinn Creek Estates Applicant 1: First Name MI Last Name Ben NA Stephenson Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 6433 Shinn Creek Lane Wilmington N.C. ZIP Country Phone No. FAX No. 28409 New Hanover 910-833-0199 NA Street Address (d different from above) City State ZIP NA Email tbenste0hensonag mai i. com 2. Agent/Contractor Information Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Steve Morrison Mailing Address PO Box City Stale 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No.1 e No. 2 28403 910-452-0001 ext.NA ext.NA TNA FAX No. Contractor # NA NA Street Address (if different from above) City State ZIP NA \v�� Email gfinch@lmgroup.net; smorrison@Imgroup.net LAMA Permit Application for Major Development —November 2018 DCM WILMI:1vitu NC Shinn Creek Estates Wilmington, New Hanover County, North Carolina NOV 072018 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover End of Shinn Creek Lane Subdivision Name City State Zip Shinn Creek Estates Wilmington N.C. 28409 Phone No. Lot No.(s) (if many, attach additional page with list) 910-833 0199 NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural ®Manmade []Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —182' +/- Y: acre c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6 NNHWor ❑NWL e. Vegetation on tract Shrubs, trees and lawn grasses at boat ramp. Salt marsh adjacent to channel. f. Man-made features and uses now on tract Gravel access and parking, boat ramp and associated floating dock. g. Identify and describe the existing land uses adjacent to the proposed project site. Residential. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-20 (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes NNo []NA If yes, by whom? NA RECEI I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes NNo [:]NA Register listed or eligible property? ED 1018 0044mcffy LAMA Permit Application for Major Development —November 2018 DCM WILMINGTON, NC Shinn Creek Estates Wilmington, New Hanover County, North Carolina NOV V 2018 m. (i) Are there wetlands on the site? ®Yes ❑No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, it available) NOTE: Outer edge of marsh has been surveyed. n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to restore historical navigation access to the community boat ramp. The Shinn Creek neighborhood consists of 36 homes, which have shared access to the boat ramp and day dock. The typical boats in and out of the channel are 17-23' in length.. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bucket to barge maintenance dredging. Piling rig for breakwater installation. d. List all development activities you propose. Channel maintenance dredging and protective breakwater system. e. Are the proposed activities maintenance of an existing project, new work, or both? Partial new and existing channel maintenance dredging, new breakwater system f. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA RECEI v cD If yes, attach a mitigation proposal. DEC 13 2018 CAMA Permit Application for Major Development —November 2018 D C M W.IIMINGTON, NC Shinn Creek Estates Wilmington, New Hanover County, North Carolina NOV ON 2018 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Scott and Linda Petersen Phone No. NA Address 6429 Shinn Creek Lane, Wilmington, N.C. 28409 Name Bradley and Carolyn Johnson Phone No. NA Address 6451 Shinnwood Road, Wilmington, N.C. 28409 Name Bill and Jane Henderson Phone No. NA Address 6432 Shinn Creek Lane, Wilmington, N.C. 28409 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. CAMA permit 72-82, Joseph Rogers, issued 6/22/82 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I 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 the conditions and restrictions contained in the permit. 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. Date: 11/5/2018 Print Name: Greg Finch, Agent. Land Management GrOUD4% Signature P� Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED CAMA Permit Application for Major Development —November 2018 Shinn Creek Estates Wilmington, New Hanover County, North Carolina DEC 13 2018 DCM-MHD CITY RECVED DCM WILMINGTON, NC NOV 0 7 2018 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Other (excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater NWL)stabilization) Length 1085 Width 8 Avg. Existing _1.5 MLW NA NA Depth Final Project -31VILW NA NA Depth 1. EXCAVATION [I This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. -600 cubic yards Sand c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAW shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. None 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Shore Acres Company property directly across the AI W W c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: NA. b. Dimensions of disposal area. < 1 acre, irregular d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ii) If yes, where? NA f. (i) Does the disposal include any area in the water? ❑Yes ZNo ❑NA (ii) If yes, how much water area is affected? NA RECEIVED DEC 13 2W "CM MHD c)TY CAMA Permit Application for Major Development -November 2019 RECEIVED Shinn Creek Estates DCM WILMINGTON, NC Wilmington, New Hanover County, North Carolina NOV 07 5018 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ®Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: -165' b. Length: 60, 40, 70, 60 Width: -1' d. Maximum distance waterward of NNW or NWL. -255' e. Type of stabilization material: f. Segments of wooden breakwater to protect coastal marsh, oyster beds in narrow portion of channel g. Number of square feet of fill to be placed below water level. In. Bulkhead backfll NA Riprap NA Breakwater/Sill NA Other NA i. Source of fill material. NA (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. NA Type of fill material. None 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ®No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill submerged aquatic vegetation (SAV), shell bottom (St]), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: NA & GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled7 backhoe, or hydraulic dredge)? Silt fence and bens at disposal location. Bucket to barge dredge. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA i)ate 11/5/201 B Project Name Shinn Creek Estates Applicant Name Shinn Creek Estates c/o Ben Stephenson Appli=t C Greg Finch, Agent, Land Management Group-*% 3 ��18 � cM MHo c�Ty CAMA Permit Application for Major Development -November 2018 DCM WIL - P' ?Fr N, NC Shinn Creek Estates Wilmington, New Hanover County, North Carolina NOV 0.7 A8 L_- S: I Processing Notes 9lINlrw (Comment Deadline: E /t+f Comment Period: I d /wN I'�l4 ca>,,nn�P.wv►.ciGv,Cv�,,�l I-� wR.c,��AurAwdt Na�(v,✓n.( Ilevi�,.� �✓ y7j.1—Dtn,p N4. &pp vva,i69 for �C eqt ,batovue". (R S t z mvvvt Co( L).e WRA M pro jeCA- o-va f-o,- 26,1 r&a-k O H,L cs Qafpy- flyu+KA ufvwwvAnS f-Yvvv� G of Wits% - bje 5 4E WOL" — Joey, vow," Fo ATM Z/S/Cq� P.�i"�Vl�fd �GvIFw PeAbc� . (SD xAl dtZL LW = totelm 2/011q - r f, e yr d twvA , ffvvn Aqvjt,[ &i f , Abo #fSwS I eSomYte iYvtIPatk fS5V J 2gtgj`l - enje& ctt S bu cd lad u vt C.� -Foy Zi l rev��w . 217-9/Iq— AAtrr� wj Dovt, bjA , vet, ovv- ' pr N M-PS gtn,e[ jis(AAsS resuv�rc�. RM rks,I. trvLpais9jpMr oble M t4mw"t5, q W1 CAN v ftlivt Ovakworra�ptd Pr'Depsi fi ter '(GP.(', hs otnti�9aift9v�), VV;j+LAj �fNL WJntf XIAA vc USA�� :. DEC. Win YecellQ Zwi ) -(,Vro Mmts [.r,tm (A'Lkduu ) �la�fk - r'Lt.��•v.�,� U�[ ��°1'I" (s-�-w� M��Isvh) fr�a,� �- c�n��satl� WcwLt s �o ftdiUt perms l�dd{ w( CAAAA ftj wl o-ivLtr aj,er (wS wl�� MOO- Y'664-M re fs-cd MEP-2 kayA '�JI�(lq— retP�tve� a�CPtli�al. �,,�`a{JrevvfA+lS-fIAM Mow�4- r)en',o : q/Z2ffl ti 14N(' Spears, Courtney From: Morrison, Stephen <smorrison@lmgroup.net> Sent: Wednesday, April 17, 2019 1:39 PM To: Huggett, Doug Cc: Spears, Courtney; Hair, Sarah E CIV CESAW CESAD (US); Weychert, Curtis R; fritz.rohde@noaa.gov; Coburn, Chad; Ben Stephenson Subject: [External] Shinn Creek Estates HOA Attachments: 1989 aerial.pdf; 2006 aerial.pdf Doug, I have attached two aerials. A 1989 from DCM flight records and a 2006 from Google Earth that was submitted with our application materials. These seem to indicate potential past channel maintenance through the subject S curve within the access to the intracoastal waterway. Please take this into consideration in addition to our 4/10/19 project revisions in response to agency comments. Thank you. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910.452.0060 1 Mobile: 910.471.0502 Email: smorrison(o)lmorouo.net I Website: www.lmoroui).net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 I RECEIVED APR 17 2019 t.'Ilk WOO t� I Legend /MR $%ge&* Quinn 1. 0YV Spears, Courtney From: Twyla Cheatwood - NOAA Federal <twyla.cheatwood@noaa.gov> Sent: Thursday, April 11, 2019 8:55 AM To: Spears, Courtney Subject: Re: FW: [External] draft Corps conditions for Shinn Creek Estates Thanks Courtney. These are our exact EFH CR's. I see no reason for us to officially change them and I have no plans to agree to modifications at this point. Cheers! lol On Thu, Apr 11, 2019 at 8:43 AM Spears, Courtney <courtney.spears@ncdenr.gov> wrote: Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtneV.spears@ncdenr.aov 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. -----Original Message ---- From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armV.mil> Sent: Wednesday, April 03, 2019 11:39 AM To: Huggett, Doug <doug.huggett@ncdenr.gov> CcCSpears, Courtney <courtneV.spears@ncdenr.pov>; Coburn, Chad <chad.coburn@ncdenr.gov> Subject: [External] draft Corps conditions for Shinn Creek Estates CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.seam@nc.gov<maiIto: repo rt.spam@nc.gov> All, Attached is a Word version of the Corps conditions/recommendations for the following project: Corps AID: SAW-2014-01431 Project Name: Shinn Creek Estates, HOA dredge County: New Hanover Signed version will go out later today. Please note the first 3 conditions restrict the dredging to the basin and existing access channel and include a moratorium. These are the result of EFH consultation with NMFS. Please let me know if you have any questions. Thanksl Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 Twyla H Cheatwood Fishery Biologist Southeast Region, Habitat Conservation Division NOAA Fisheries Beaufort, NC 28516 Office: (252) 728-8758 Twyla.cheatwood@noaa.gov 0_ Web www.nmfs.noaa.gov Facebook www.facebook.com/usnoaaflsheriesgov Twitter www.tivitter.com/noaafisheries YouTube www.uoutube.com/usnoaafisheriesgov Spears, Courtney From: Weychert, Curtis R Sent: Thursday, April 11, 2019 9:24 AM To: Spears, Courtney; Dunn, Maria T. Subject: RE: [External] Shinn Creek Estates HOA application Courtney, thanks for sending this out. I reviewed the new plans yesterday when Greg Finch sent these out. I will echo my comments from the meeting we had with the applicant and contractors on 2-27-19. Although the updated plans have addressed ways to stabilize the channel in a more ecologically preferred method than vertical breakwaters, there is still a concern with performing new dredging in designated PNA habitat. DMF is a strong supporter of oyster habitat creation, however, it is not our policy to mitigate impacts by allowing habitat trade-offs. DMF will maintain the same concerns about new dredging in PNA and would again object to the dredging. Please let me know if you have any additional questions. Respectfully, Curt Weychert -----Original Message ----- From: Spears, Courtney Sent: Thursday, April 11, 2019 8:55 AM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: FW: [External] Shinn Creek Estates HOA application Hi, Please see the attached revision and let me know if you have comments. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 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. -----Original Message ----- From: Finch, Greg <gfinch@lmgroup.net> Sent: Wednesday, April 10, 2019 4:34 PM To: Huggett, Doug <doug.huggett@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov>; Liz Hair <sarah.e.hair@usace.army.mil>; Weychert, Curtis R <curt.weychert@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; fritz.rohde@noaa.gov Cc: Ben Stephenson <tbenstephenson@gmail.com>; Morrison, Stephen <smorrison@Imgroup.net> Subject: [External] Shinn Creek Estates HOA application CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Doug, All: Please see attached cover letter and figures that describe and show the proposed changes for the Subject project. Figures will print to scale at 11x17. Let us know if you have any questions. Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinch@lmgroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net AUH UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and AtrnosphericAdministration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 25313th Avenue South St. Petersburg, Florida 3370M505 Hpllsero.runknoaa.gov March 11, 2019 (Sent via Electronic Mail) Colonel Robert J. Clark, Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Sarah Hair Dear Colonel Clark: F/SER47:TC/pw NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID: SAW- 2014-01431 dated February 12, 2019. Ben Stephenson, Shinn Creek Estates HOA, proposes maintenance dredging within waters of an existing access channel and basin, new dredging to create a new access channel, and installation of two breakwaters. The proposed work would be adjacent to the Atlantic Intracoastal Waterway (AIWW) and associated with an existing private docking facility.in New Hanover County. The Wilmington District's initial determination is the proposed project may affect adversely 0.21 acres of essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). The applicant proposes to excavate an existing/new access channel and basin adjacent to the AIW W. The initial dredging event would remove approximately 600 cubic yards of material from an area measuring eight feet by 1,085 feet within the existing channel between the AIW W and the boat basin. Approximately 460 feet of this channel, identified in the application as the "S-Curve" or "S-Channel," would be new dredging. The proposed final water depth for the channel would be -3 feet MLW. Existing water depths within the area of the proposed dredging range from 0.0 to -1.5 feet MLW. Dredging would be done using the bucket -to -barge method and deposited at an upland disposal site approximately 0.3 miles south of the project site and adjacent to USACE Disposal Site No. DA-251, which is at the confluence of the AIW W and Shinn Creek. The applicant also proposes to install four new wooden breakwaters adjacent to the newly excavated channel in the S-Curve. The lengths of the breakwaters range from 40 feet to 70 feet and would extend approximately one foot above MHW. The applicant notes the boat basin and access channel were excavated prior to 1970 and the State of North Carolina issued a permit in 1982 for maintenance dredging of the boat basin and access channel; this permit did not include the S-Curve. The dredging and installing of breakwaters would disturb approximately 0.21 acres of shallow bottom habitat adjacent to oyster aggregations and bars. The SAFMC identifies shallow sub -tidal bottom in estuarine waters as EFH for penaeid shrimp and estuarine -dependent species of the snapper -grouper complex. The MAFMC designates tidal creeks and the estuarine waters as EFftemm flounder and RECEIVED RR�G N C 1 ,. A MAR 2 6 )ni9 M:� , MP SECTION WIR�P SECTI ON WIRO '11WIP bluefish. The State of North Carolina designates the project site a Primary Nursery Area (PNA). The SAFMC designates PNAs and oysters as HAPCs for estuarine species, such as gray snapper and gag grouper, in the snapper -grouper complex. HAPCs are subsets of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, Eastern oyster, and blue crab. A number of these species serve as prey for fish that are managed by SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by NMFS (e.g., billfishes and sharks). The SAFMC provides additional information on EFH and federally managed species in Volume IV of the Fishery Ecosystem Plan of the South Atlantic Region' and the Users Guide to Essential Fish Habitat Designations by the South Atlantic Fishery Management Council'. Detailed information about the EFH requirements of species managed by MAFMC are included in separate amendments to individual fishery management plans and in technical reports prepared by the NMFS Northeast Fishery Science Center3. After issuance of the public notice, the applicant met with resources agencies to discuss environmental concerns. Discussions focused on diminished productivity caused by the dredging, especially the new dredging within the PNA and by installing the breakwaters; sedimentation of oyster habitat caused by the dredging; and adverse effects to salt marsh habitat that may result from the breakwaters affecting water flow and sediment transport. While the applicant indicated during the meeting a willingness to remove the breakwaters from plans, the NMFS has not received notification from the Wilmington District that this removal has occurred. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, the NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: • The permit should not authorize the proposed breakwaters. • The permit should not authorize the proposed new dredging. • The permit should restrict maintenance dredging to the period of October 1 to March 31 to protect juvenile shrimp and finfish using the shallow bottom habitat. Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR 600.920(k), requires the Wilmington District to provide a written response to the EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" between the NMFS and the Wilmington District, an interim response should be provided. A detail response must then be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the Wilmington District's response is inconsistent with the EFH conservation recommendations, the District must provide a substantive discussion justifying the reasons for not following the recommendations. The detailed response should be received by the NMFS at least ten days prior to final approval of the action. Available at http://http://safmc.net/fishery-ecosystem-plan-ii-introduction/ 2 Available abhii�:/Af€p l/94filic.net/downtoad/SAFMCEFffUsersGuideFinalRevAugl7.pdf 3 Available at https://www.nefsc.noaa.goV/nef��abFeai/efh/ 2 Thank you for the opportunity to provide these comments. Related questions or comments should be directed to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8758 / for cc: COE, Sarah.E.Hair@usace.army.mil USFWS, Pete- Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov NCDMF, Shane.Staples@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov F/SER47, Twyla.Cheatwood@noaa.gov Sincerely, Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division RECEIVED MAR 2 6 2019 MP SECTION WIRO Spears, Courtney From: Huggett, Doug Sent: Monday, February 11, 2019 3:59 PM To: Morrison, Stephen Cc: Spears, Courtney Subject: RE: [External] meeting Steve I have talked this over some with Curt, and he suggests we also try and loop NMFS into the conversation, and possibly DWR as well. Would that be acceptable to you? Thanks Doug From: Morrison, Stephen [mailto:smorrison@lmgroup.net] Sent: Monday, February 11, 2019 12:39 PM To: Huggett, Doug <doug.huggett@ncdenr.gov> Cc: Finch, Gregory <gfinch@Imgroup.net> Subject: [External] meeting Doug, Hope all is well. We would like to set up a meeting with you and Curt Weychert of DMF to discuss some potential ideas for the Shinn Creek Estates HOA project currently under review. I believe that with our discussion we can best respond to DMF concerns. Please let me know your availability either here in Wilmington or Morehead City. Thanks. Steve Morrison I Environmental Consultant Direct: 452-0001 x 1903 1 Fax: 910,452.0060 1 Mobile: 910.471.0502 Email: smorrison(Wrrigrouo.net I Website: www.lmarouo.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue I Suite 15 1 Wilmington, N.C. 28403 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL Vol Land Management Group, Inc. c/o Greg Finch efinchfthrigroup.net Dear Sir: NORTH CAROLINA Environmental Qu<y February 8, 2019 This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of Shinn Creek Estates to undertake development activities adjacent to their property at Shinn Creek Lane, in Wilmington, New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S.113A-122(c) which would make April 26, 2019, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). Major Permits Coordinator cc: WiRO file MHC file Liz Hair, USACE, email cc Chad Coburn, DWR, email cc North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 a Spears, Courtney From: Hair, Sarah E CIV CESAW'CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, January 29, 2019 5:01 PM To: Spears, Courtney Subject: [External] RE: CAMA Application: Shinn Creek Estates HOA CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> I'll be getting the notice out on this one this week. Thanks, Liz -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Friday, January 25, 2019 9:10 AM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] FW: CAMAApplication: Shinn Creek Estates HOA Hey, Any update on this one? Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.spears@ncdenr.gov 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: Simpson, Shaun Sent: Friday, January 25, 2019 8:08 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: FW: CAMA Application: Shinn Creek Estates HOA From: Simpson, Shaun Sent: Tuesday, December 11, 2018 1:33 PM To:'Sarah.E.Hair@usace.army.mil' <Sarah.E.Hair@usace.army.mil <mailto:Sarah.E.Hair@usace.army.mil>>; Coburn, Chad <chad.coburn@ncdenr.gov <mailto:chad.coburn@ncdenr.gov>> Subject: CAMA Application: Shinn Creek Estates HOA Hello Liz & Chad: There is a supplemental Water Quality Sampling Report & Historical Aerials Report that I can send via Courier if you'd like. I've downloaded it, and is currently somewhere in Cyberspace. sks Please accept this correspondence as the official distribution of a CAMA application from Rodney Long for expansion of his existing docking facility in New Hanover County. Attachments include: Field Investigative Report, narrative, application, workplans, comment sheet and any other document specifically for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. NO oversized w.orkplans have been submitted by the applicant This email has a return receipt notification. Please accept the request, as we will use it to log receipt of the application. As DCM moves forward in updating our electronic permitting efforts this process will evolve, so we appreciate your understanding as we move away from a paper -based application. For questions or concerns, please contact Courtney Spears at courtney.spears@ncdenr.gov <mailto:courtney.spears@ncdenr.gov> or (910) 796-7426. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management <Blockedhttp://www.nccoastaImanagement.net/> 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Shaun.Simpson@ncdenr.gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Ou Spears, Court6ey From: Coburn, Chad Sent: Friday, January 25, 2019 1:48 PM To: Spears, Courtney Subject: FW: [External] Re: FW: Shinn Creek Estates New Hanover Co Here you go.... From: Finch, Greg<gfinch@lmgroup.net> Sent: Thursday, January 24, 20] 9 2:55 PM To: Coburn, Chad <chad.coburn@ncdenr.gov> Cc: Stephen Morrison <smorrison@lmgroup.net> Subject: [External] Re: FW: Shinn Creek Estates New Hanover Co Hi Chad, Thanks for the update. Understood on placing the application on hold. Once you do receive NMFS comments we'd like the chance to respond to fisheries comments and also any comments/position from DWR before a decision is made on the 401 WQC. Thanks again for the update and info, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: Rfinch@Imeroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmaroup.net On Wed, Jan 23, 2019 at 4:50 PM Coburn, Chad <chad.coburn@ncdenr.eov> wrote: Hey Greg, I'm going to need to put the 401 application for this site on hold for additional information. I would like to hear from Fritz or his group in NMFS regarding this one and also need for the applicant to address the comments attached from DMF. Give me a call tomorrow if you get a few minutes. Thanks, Chad From: Spears, Courtney Sent: Friday, January 18, 2019 3:53 PM To: Coburn, Chad <chad.coburnCDncdenr.eov> Subject: FW: Shinn Creek Estates New Hanover Co FYI — DMF's comments on the Shinn Creek Estates project. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soearsCo7ncdenr.00v 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: Deaton, Anne Sent: Wednesday, January 02, 2019 10:27 AM To: Spears, Courtney <courtney.spears@ncdenr.aov> Cc: Murphey, Steve <steve.murphey@ncdenr.aov>; Lupton, Dee <dee.lupton@ncdenr.aov>; Weychert, Curtis R <curt.wevchert@ncdenr.adv>; Davis, Braxton C <Braxton.Davis@NCDENR.Gov> Subject: Shinn Creek Estates New Hanover Co Hi Courtney. Attached are Curt's comments on the above referenced permit application, and a cover letter from DMF's director, Steve Murphey. Let me know if you need anything else. Anne Anne Deaton Habitat Assessment Coordinator Division of Marine Fisheries Department of Environmental Quality 910 796 7311 Wilmington office anne.deaton(aDncdenr.a ov 127 Cardinal Dr. Ext. Wilmington, NC 28405 ,: Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 4 DCM Coordinator: � - Permit #: Z7 —762 Permittee: Agents: 5 DCM Field Offices Elizabeth City Morehead City US ACOE Offices: MAH,ING DISTRIBUTION SHEET Vv�_ 1, Washington Wilmington Tara e�k�a,�e /✓, (with revised work plan drawings) (OBJECTIONS Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Cartdret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Anne Deaton David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Robb Mairs — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Arunswick, New Hanover, Onslow, Pender) Maria Dunn (WARD) Natural Heritage �Program � Rodney Butler LPO: H, I t�M 1.1Wt; Llt��g (C�ra (NCDOT) Travis Wilson 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 April 3, 2019 Regulatory Division Action ID No. SAW-2014-01431 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Shinn Creek Estates, HOA, Mr. Ben Stephenson, to conduct dredging maintenance dredging within waters of an existing access channel and basin, new dredging to create a new access channel, and installation of two breakwaters in waters adjacent to the AIWW, associated with an existing private docking facility located at 6432 Shinn Creek Lane, in Wilmington, New Hanover County, North Carolina. Wilmington, New Hanover County, North Carolina. Specifically, the proposed project consists of excavating an existing/new access channel and basin adjacent to the AIWW. An initial dredge event is proposed to remove approximately 600 cy of material from an area measuring 8' wide by 1,085' long located within the existing channel between the AIWW and the boat basin (see Sheet 4 of 6). Approximately 460' of this channel (identified in the application as the'S-Curve' or'S-Channel') is considered new dredging. The proposed final water depth for the channel would be -3' at MLW in connection to a waterbody that has a water depth of -Tat MLW. Existing water depths within the project area range from 0' to=1.5' at MLW. The applicant also proposes to install 4 new wooden breakwaters adjacent to the newly excavated channel (identified in the application as the 'S- Curve' or'S-Channel'). The proposed breakwaters would be 60' long, one would be 70' long, and the final would be 40' long. -2- The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: Breakwater construction is not authorized 4. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manateeguidelines.pdf. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. 7.Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. -3- 9. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee. shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 10. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 11. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes. and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 15. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. Ian 16. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region. 4 Life Scientist -Water Protection Division . Ms. Courtney Spears/Ms. Debbie Wilson North Carolina Department of Environmental Quality- Division of Coastal Management Ms. Karen Higgins/Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 26313th Avenue South St. Petersburg, Florida 33701-5505 http.,/Isero.nmfs.noaa.gov March 11, 2019 (Sent via Electronic Mail) Colonel Robert J. Clark, Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue Wilmington, North Carolina 28403-1398 Attention: Sarah Hair Dear Colonel Clark: F/SER47:TC/pw NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID: SAW- 2014-01431 dated February 12, 2019. Ben Stephenson, Shinn Creek Estates HOA, proposes maintenance dredging within waters of an existing access channel and basin, new dredging to create a new access channel, and installation of two breakwaters. The proposed work would be adjacent to the Atlantic Intracoastal Waterway (AIWW) and associated with an existing private docking facility in New Hanover County. The Wilmington District's initial determination is the proposed project may affect adversely 0.21 acres of essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council (MAFMC), or NMFS. As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments and recommendations pursuant to the authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). The applicant proposes to excavate an existing/new access channel and basin adjacent to the AIWW. The initial dredging event would remove approximately 600 cubic yards of material from an area measuring eight feet by 1,085 feet within the existing channel between the AIWW and the boat basin. Approximately 460 feet of this channel, identified in the application as the "S-Curve" or "S-Channel," wouldbe new dredging. The proposed final water depth for the channel would be -3 feet MLW. Existing water depths within the area of the proposed dredging range from 0.0 to -1.5 feet MLW. Dredging would be done using the bucket -to -barge method and deposited at an upland disposal site approximately 0.3 miles south of the project site and adjacent to USACE Disposal Site No. DA-251, which is at the confluence of the AIWW and Shinn Creek. The applicant also proposes to install four new wooden breakwaters adjacent to the newly excavated channel in the S-Curve. The lengths of the breakwaters range from 40 feet to 70 feet and would extend approximately one foot above MHW. The applicant notes the boat basin and access channel were excavated prior to 1970 and the State of North Carolina issued a permit in 1982 for maintenance dredging of the boat basin and access channel; this permit did not include the S-Curve. The dredging and installing of breakwaters would disturb approximately 0.21 acres of shallow bottom. habitat adjacent to oyster aggregations and bars. The SAFMC identifies shallow sub -tidal bottom in estuarine waters as EFH for penaeid shrimp and estuarine -dependent species of the snapper -grouper complex. The MAFMC designates tidal creeks and the estuarine waters as EFH for summer flounder and bluefish. The State of North Carolina designates the project site a Primary Nursery Area (PNA). The SAFMC designates PNAs and oysters as HAPCs for estuarine species, -such as gray snapper and gag grouper, in the snapper -grouper complex. HAPCs are subsets of EFH that are rare, particularly susceptible to human -induced degradation, especially important ecologically, or located in an environmentally stressed area. Other species of commercial or recreational importance found in the project area include red drum, Atlantic croaker, spot, Atlantic menhaden, bay anchovy, striped mullet, weakfish, Eastern oyster, and blue crab. A number of these species serve as prey for fish that are managed by SAFMC (e.g., king mackerel, Spanish mackerel, and cobia) or for highly migratory fish managed by NMFS (e.g., billfishes and sharks). The SAFMC provides additional information on EFH and federally managed species in Volume IV of the Fishery Ecosystem Plan of the South Atlantic Region and the Users Guide to Essential Fish Habitat Designations by the South Atlantic Fishery Management Council'. Detailed information about the EFH requirements of species managed by MAFMC are included in separate amendments to individual fishery management plans and in technical reports prepared by the NMFS Northeast Fishery Science Center;. After issuance of the public notice, the applicant met with resources agencies to discuss environmental concerns. Discussions focused on diminished productivity caused by the dredging, especially the new dredging within the PNA and by installing the breakwaters; sedimentation of oyster habitat caused by the dredging; and adverse effects to salt marsh habitat that may result from the breakwaters affecting water flow and sediment transport. While the applicant indicated during the meeting a willingness to remove the breakwaters from plans, the NMFS has not received notification from the Wilmington District that this removal has occurred. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, the NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: The permit should not authorize the proposed breakwaters. The permit should not authorize the proposed new dredging. The permit should restrict maintenance dredging to the period of October 1 to March 31 to protect juvenile shrimp and finfish using the shallow bottom habitat. Section 305(b)(4)(B) of the Magnuson -Stevens Act and its implementing regulations at 50 CFR 600.920(k), requires the Wilmington District to provide a written response to the EFH recommendations within 30 days of receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" between the NMFS and the Wilmington District, an interim response should be provided. A detail response must then be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the Wilmington District's response is inconsistent with the EFH conservation recommendations, the District must provide a substantive discussion justifying the reasons for not following the recommendations. The detailed response should be received by the NMFS at least ten days prior to final approval of the action. Available at http://http://safmc.net/fishery-ecosystem-plan-ii-introduction/ 'Available at http://http://safmc.net/download/SAFMCEFHUsersGuideFinalRevAugl7.pdf Available at https://www.nefsc.noaa.gov/nefsc/habitat/efh/ 2 Thank you for the opportunity to provide these comments. Related questions or comments should be directed to the attention of Ms. Twyla Cheatwood at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722, or at (252) 728-8758 / for cc: COE, Sarah.E.Hair@usace.army.mil USFWS, Pete_Benjamin@fws.gov NCDCM, Doug.Huggett@ncdenr.gov NCDMF, Shane.Staples@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net F/SER4, David.Dale@noaa.gov F/SER47, Twyla.Cheatwood@noaa.gov Sincerely, i c,U VA Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division Bodnar, Gregg From: Mairs, Robb L Sent: Wednesday, February 26, 2020 4:02 PM To: Dunn, Maria T.; Hair, Sarah E CIV CESAW CESAD (US); Bodnar, Gregg; Deaton, Anne; Wojoski, Paul A Cc: Twyla Cheatwood; pace wilbur Subject: RE: [External] RE: Shinn Creek.Estates '; Folks, Steve Morrison with Land Management Group called me last week in regards to the CRC variance that was granted to Shinn Creek Estates, and inquired on what's is required since the 401'Water Quality Certification was denied.for this project, which I directed him to Paul Wojoski,(cc'd) in our Raleigh Central Office. Thanks, t 1^, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office ro b b. ma irsa-ncden r. gov httos://dee. nc.sov/a bout/d ivisio ns/wate r-resources/water-resources-oe rmits/wastewater-branch/401-wetlands-b uffer- eo rmits 127 Cardinal Drive Extension 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: Dunn, Maria T. Sent: Wednesday, February 26, 2020 3:50 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E:Hair@usace.army.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Mairs, Robb L <robb.mairs@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov> Cc: Twyla Cheatwood <Twyla.Cheatwood@noaa.gov>; pace wilbur <pace.wilber@noaa.gov> Subject: RE: [External) RE: Shinn Creek Estates Gregg, What were the details of the variance? Did they pass it out right? Where is this in the 401 process— I thought they denied? Maria T. Dunn . Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq. Mall Washington, NC 27889 office: 252-948-3916 fax: 252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil> Sent: Wednesday, February 26, 2020 3:28 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Mairs, Robb L <robb.mairs@ncderingov>; Deaton, Anne <anne.deaton@ncdenr.gov> Cc: Twyla Cheatwood <Twvla.Cheatwood@noaa.gov>; pace wilbur <pace.wilber@noaa.gov> Subject: [External] RE: Shinn Creek Estates Attached are the Corps' comments/recommendations for the proposed project. Unchanged from the original. The first 3 conditions which prohibit breakwater construction and new dredging of the "S-Curve" or "S-Channel", and restricts maintenance dredging to the period of October 1 to March 31, are a result of EFH consultation pursuant to the Magnuson -Stevens Act with the National Marine Fisheries Habitat Conservation Division (also attached for reference). Please let me know if you have any questions. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 .Sarah.e.hair@usace.armv.mil 910-251-4049 From: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Sent: Wednesday, February 26, 2020 2:34 PM To: Dunn, Maria T. <maria.dunn@ncwildlife.org>; Mairs, Robb L <robb.mairs(c@ncdenr.gov>; Deaton, Anne <anne.deaton@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.armv.mil> Subject: [Non-DoD Source] Shinn Creek Estates Hey all, With the passing of the variance for Shinn Creek I wanted to touch base with everyone concerning any thoughts on a moratorium since there were only objections and not comments if the project were to be authorized. Also Robb let me know if you have authorized yet. We will be finishing things up asap. Thanks. Gregg ��,. tmysswe�ae�a+wmsmr\ Gregg Bodnar Assistant Major Permits Coordloator Division of Coastal Management Department of Environmental Quality 2S2 8ft 2M ext 215 (Office) Gr. Bodna ncdear. Email oorrespwrdeam to and from this address Is Subject to the North [aroNna Pabffc Records Cow and may be dlsdosed to third partks. Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, February 27, 2020 2:44 PM To: Wojoski, Paul A; Bodnar, Gregg Cc: Mairs, Robb L Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Sorry for so many emails on this. After discussing with Mickey, since our authorization would differ from that of the CAMA variance, and ultimately the conditioned DCM authorization, we are pulling the project out of the joint process, and will be authorizing the maintenance dredging (boat basin and access channel -minus the S-curve) under a NWP 35, and the oysterbeds possibly under a NWP 18, if they keep the oyster shell disposal to the threshold of 25 cubic yards of material placed below the high tide line. I'll make sure to copy everyone on the letter, once I get it drafted. Please let me know if you have any other questions regarding our process. Liz From: Wojoski, Paul A <Paul.Wojoski@ncdenr.gov> Sent: Thursday, February 27, 2020 12:21 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Mairs, Robb L <robb.mairs@ncdenr.gov> Subject: RE: [Non-DoD Source] RE: [External] RE: Shinn Creek Estates Hi Liz — The 401 has been denied. I spoke with Steve today about the possibility of an appeal of the denial (through the NC Administrative Procedures Act) or a re -application containing unconsidered information. Currently we are reviewing this internally to clarify process. More to come. Sorry I'm a bit out of the loop here: Has the Corps issued an authorization for the project? RGP 0291? I've seen the Corps comments, but am a bit unclear under what process the Corps is authorizing. Thanks, Paul Paul Wojoski 401 & Buffer Permitting Branch Division of Water Resources Department of Environmental Quality (919) 707-3631 office Paul. Woioski g ncdenr.gov 512 N. Salisbury Street (Archdale Building), Suite 942-F, Raleigh, NC 27604 1617 Mail Service Center, Raleigh, NC 27699-1617 REPLY TO: STEIN STATE OF NORTH CAROLINA MARY L. LUCASSE Josh NM DEPARTMENT OF JUSTICE ENVIRONMENTAL DIVISION ATTORNEYJOSHSTEIN (919)716-6962 MLUCASSE@NCDOJ.GOV Attorney for Petitioner: I. Clark Wright, Jr., Esq. Davis Hartman Wright, PLLC 209 Pollock Street New Bern, NC 28560 February 19, 2020 Electronically Re: Revised Final Agency Decision for CRC-VR-19-10 Dear Clark: Thank you for bringing to my attention that there was an error in the factual statement regarding the Division of Water Resources 401 Certification for the project. I have revised the final agency decision on page 13 to correct that error. Attached is a copy of the revised final agency decision signed by the Chair of the Commission. Prior to undertaking the work for which a variance was sought, Petitioner must first obtain a CAMA permit from the local permitting authority. If for some reason Petitioner does not agree to the variance as issued, Petitioner has the right to appeal the Coastal Resources Commission's decision by filing a petition for judicial review in the superior court as provided in N.C.G.S. § 15OB-45 within thirty days after receiving the revised final agency decision. A copy of the judicial review petition must be served on the Commission's agent for service of process at the following address: William F. Lane, General Counsel Dept. of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 WWW.NCDOJ.GOV 114 W. EDENTON STREET, RALEIGH, NC 27603 919.716.6600 P. O. Box 629, RALEIGH, NC 27602-0629 I. Clark Wright, Jr. Esq. February 19, 2020 Page 2 If you choose to file a petition for judicial review, I request that you also serve a copy of the petition for judicial review on me at the address listed in the letterhead. If you have any questions, please feel free to contact me. Sincerely, �" f Mary L. Lucasse Special Deputy Attorney General and Counsel for the Coastal Resources Commission cc: M. Renee Cahoon, Commission Chair, electronically Christine A. Goebel, Esq., Counsel for DCM, electronically Braxton C. Davis, Director of DCM, electronically Angela Willis, Assistant to the Director, DCM, electronically Linda Painter, LPO for New Hanover County, electronically WWW.NCDOJ.GOV 114 W. EDENTON STREET, RALEIGH, NC 27603 914.716.6600 P: O. Box 629, RALEIGH, NC 27602-0629 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE NORTH CAROLINA COASTAL RESOURCES COMMISSION CRC-VR-19-10 IN THE MATTER OF: ) PETITION FOR VARIANCE ) FINAL AGENCY DECISION BY SHINN CREEK ESTATES HOA ) Revised On December 19, 2019, Petitioner Shinn Creek Estates HOA ("Petitioner" or "HOA") submitted a request for a.variance from 15A N.C. Admin. Code 07H .0206(c), .0208(b)(a)(4), .0208(a)(2)(A), and .0208(b)(1) to authorize a.permit so that Petitioner could perform new dredging in the S-channel, and access,the Atlantic Intercoastal Waterway(--"-AIWW") and other : navigable waters:, Pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A N.C. Admin. Code 7J .0700, et seq., this matter was heard on oral arguments at the regularly scheduled meeting of the North Carolina Coastal Resources Commission (hereinafter Commission) on February 12,.2020 in Beaufort, North Carolina. Assistant General Counsel Christine A. Goebel, Esq. appeared for Respondent Department, of Environmental Quality, Division of Coastal Management (DCM). Attorney I. Clark Wright, Esq. appeared on behalf of Petitioner. When reviewing a petition for a variance, the Commission acts in a quasi-judicial capacity. Riggings Homeowners, Inc. v. Coastal Resources Com'n, 228 N.C. App. 630, 652, 747 S.E.2d 301, 314 (2013) (Commission has "judicial authority to rule on variance requests [] `reasonably necessary' to accomplish the Commission's statutory purpose."); see also Application of Rea Const. Co., 272 N.C. 715, 718, 158 S.E.2d 887, 890 (1968) (discussing the Board of Adjustment's quasi-judicial role in allowing variances for permits not otherwise allowed by ordinance). In its role as judge, the Commission "balance[es] competing policy 2 concerns under CAMA's statutory framework." Riggings, 228 N.C. App. at 649 n.6, 747 S.E.2d at 312. Petitioner and Respondent DCM, the parties appearing before the Commission, stipulated to facts and presented relevant documents to the Commission for its consideration during the hearing on the variance request. See e.g, N.C. Admin. Code 15A 07J .0702(a). If the parties had been unable to reach agreement on the facts before the request was submitted to the Commission, the North Carolina Office of Administrative Hearings would have held a full evidentiary hearing to create a record for the Commission to use in making its decision. Id. r. 07J .0702(d). As in any court; the parties appearing before the decision -maker are responsible for developing and presenting evidence on which a decision is made. In this case, the record on which the Commission's final agency decision was made includes the parties' stipulations as to relevant facts, the documents provided to the Commission by the parties, and the arguments of the parties. FACTS STIPULATED TO BY PETITIONER AND RESPONDENT DCM 1. Petitioner is Shinn Creek Estates Homeowners Association, Inca ("Petitioner" or "HOA!'), a North Carolina Non -Profit Corporation registered with the North Carolina Secretary of State's Office in 1996. Shinn Creek Estates is a 36-lot residential subdivision with common -area property and common amenities owned by the HOA. 2. Petitioner acquired title to the common area property relevant to this variance request through a General Warranty Deed, dated September 14, 2000, recorded in Book 2819, Page 792 of the New Hanover County Public Registry, a copy of which is attached. The subdivision plat for the HOA is recorded at Plat Book B36, Pages 210-11 and Plat Book B38, Page 66 of the New Hanover County Registry. 3. The HOA's common -area property (the "Site") consists of common area land (some of which is riparian land), a gravel drive with parking area, a boat ramp, and several boat docks. The Site is adjacent to a maintained boat basin and channel that connects to Shinn Creek by the area called the "S-Channel." Shinn Creek then connects to the federally maintained Atlantic Intracoastal Waterway ("AIWW '), near Masonboro Inlet and the south end of Wrightsville Beach. The waters of the boat basin, channel, S- Channel and Shinn Creek are classified as SA, High Quality Waters ("HQW") by the Environmental Management Commission and are classified as a'Primary Nursery Area by the Marine Fisheries Commission. These waters are not open to the harvest of shellfish. 4. Aerial and ground -level photographs of The Site are part of the power point presentation [to the Commission]. This includes the historic images from the New Hanover County website of the area for 1966, 1981 and 1989 with the Site circled. This also includes images from Google Earth taken between 1993 and 2019, including a recent aerial image depicting . the proposed dredging route and the historic route used- as alleged by Petitioner. Also included is a 1956 image with information written on it by Petitioner's Authorized Agent. 5. Based on historic aerial photography, it appears the boat basin and access channel were initially excavated prior to 1970 and before the enactment of the Coastal Area Management Act ("CAMA") and the State Dredge & Fill Law ("D&F"). The first time dredging was undertaken pursuant to a CAMA/D&F permit was through CAMA Major Permit No. 72-82 in 1982 by Joseph Rogers to maintain the 25' by 30' boat basin to -5' MLW and to maintain the access channel to 20' by 670' and -5' MLW. A 1996/97 modification request first proposed excavation of the S-Channel area, and permit files do not contain information to indicate if this modification was permitted. CAMA Major Permit No. 72-82 was transferred to Petitioner HOA in 2007 and expired in 2015. A summary of the permit history compiled by DCM Staff is found in the DCM Field Investigation Report. No permit has been found authorizing the dredging of the S-Channel area. 6. On November 7, 2018, DCM first received Petitioner's CAMA Major/D&F Permit Application, and it was deemed complete on November 27, 2018. Petitioner's authorized CAMA agent is Land Management Group, Inc. Petitioner proposed the maintenance excavation of the 25' by 30' boat basin (to —3 MLW), the maintenance excavation of the 8' by 623' maintained channel (to -3 MLW) and the (apparently) never -before -permitted dredging of the 8' by -460' (to -3' MLW) of the S- Channel area. Petitioner's Application estimated that the approximately 600 cubic yards of dredged material would be placed at a privately -owned and commonly -used Shore Acres Company spoil disposal site located approximately 0.3 miles north of the Site, and would be dredged using the bucket -to -barge method. Initially, Petitioner also proposed the development of four wooden breakwaters at the perimeter of the S- Channel (two 40' long and two 60' long), though those breakwaters were withdrawn from the Revised Application dated April 10, 2019. . As part of their application, Petitioner submitted a document entitled Historical Narrative, a series of historic aerial photos of the Site, an affidavit of Alvin D. Rogers, and an affidavit of Thomas Canady. These documents contend that among other things, the S-Channel area used to be passable by the Rogers family boat a low tide, but that this area shoaled in during the 1990's. Both affidavits reference a plat of the area recorded at Plat Book 5, Page 90 of the New Hanover County Registry. Also as part of their application, Petitioner submitted a document entitled "Water Quality Monitoring Report" dated October 2018 and prepared by Petitioner's agent, Land Management Group, Inc. This six -page report summarizes a one -rime water sampling event at eight locations between the boat basin.and the AIWW looking at the dissolved oxygen ("DO") levels. In response to this variance petition, DMF staff provided a written response summarizing their concerns about this report. The proposed dredging work is proposed to take place in the Estuarine Waters, Public Trust Areas, and Estuarine Shorelines sub -category of the Coastal Shorelines Areas of Environmental Concern ("AECs"). Pursuant to N.C.G.S. 113A-118, CAMA/D&F permit authorization is required for the proposed development. 10. As part of the CAMA/D&F Major Permit process, notice of the proposed dredging project was sent to the adjacent riparian neighbors. In this case, notice was sent to the following: Scott & Linda Peterson of 6429 Shinncreek Lane, received on 11/16/18. Bradley & Carolyn Johnson of 6451 Shinnwood Road, received on 11/20/18 Bill & Jane Henderson of 6432 Shinncreek Lane, received on 11/19/18 The adjacent riparian owners' properties are shown on a parcel map which is part of the PowerPoint presentation to the Commission. DCM Staff did not receive any objections from these adjacent riparian owners, and all three have submitted letters in support of the project as noted in a fact below._ 11. As part of the CAMA/D&F Major Permit process, notice of the proposed dredging project was given to the general public through on -site posting and through the December 14, 2018 publishing of notice in the Wilmington Star Newspaper. DCM Staff did not receive any objections from the public regarding this proposed dredging project. 12. As part of the CAMA /D&F Major Permit process, copies of the permit application materials and DCM's Field Investigation Report were sent to state and federal resource agencies for review and comment. Relevant comments from these agencies are described in the facts to follow. 13. On December 7, 2018, DCM's Field Representative submitted his comments to the Major Permitting staff, indicating that while the proposed dredging of the boat basin and maintenance dredging of the access channel appeared to be consistent with the CRC's rules, the proposed new dredging of the S-Channel in the PNA was inconsistent with the CRC's rules. 14. On January 2, 2019, the Division of Marine Fisheries ("DMF") submitted its objections, dated December 14, 2019, to DCM. DMF's objection memo was coupled with the December 19, 2019 written concurrence of DMF Director Murphey. DMF objected to the proposed project, specifically to the proposed breakwaters and to the new dredging in a PNA. DMF also raised concerns about the proposed maintenance dredging of the channel leading to additional erosion and sloughing of sediment into the channel and the erosion of coastal wetlands in the area, as purportedly shown in the historic aerial photographs of the Site. 15. On January 24, 2019, the Division of Water Resources put the application on hold waiting for federal comments from NMFS and for the applicant to address DMF's comments. On January 13, 2020, DWR denied Petitioner's 401 water quality certification request through a letter, stating that the agency was required to do so in light of the CAMA permit denial. 16. On January 30, 2019, the City of Wilmington commented that it objected to the breakwaters as the city code prohibited them within 35 feet of a [wetland] resource. Petitioner ultimately removed the proposed breakwaters from its permit application. 17. On February 11, 2019, the Petitioner's authorized agent requested a meeting with DMC and DMF to discuss resource impact issues. DCM's reply recommended that NMFS and DWR also participate in the meeting. 18. On February 27, 2019, the Petitioner's authorized agent met with representatives of DCM, Division of Marine Fisheries ("DMF"), Division of Water Resources ("DWR!'), the NC Wildlife Resources Commission ("WRC"), and the National Marine Fisheries Service ("NMFS") to discuss resource impact issues and DMF objections. At this time, the Petitioner proposed removing the breakwaters from the project, added proposed channel markers, and proposed additional oyster reef development as a mitigation measure. 19. On March 24, 2019, DCM received an email from the Army Corps of Engineers forwarding a March 11, 2019 letter from the NMFS. This letter indicated that it had not received any revised plans for this Site, and so its recommendations included 1) a recommendation that any permit not authorize the proposed breakwaters, 2) a recommendation that any permit not authorize the proposed new dredging, and 3) a recommendation that any permit authorize maintenance dredging only between October 1 to March 31. 20. On April 3, 2019, the Army Corps of Engineers sent a letter to DCM indicating the conditions that should be required if a CAMA/D&F Permit was issued. These conditions included "conditioning out" the proposed breakwaters and proposed new dredging, and suggested a dredging window for the maintenance dredging, along with a number of standard conditions. 21. On April 9, 2019, DCM received a call from Petitioner's authorized agent (LMG's Steve Morrison) indicating that he had met separately with NMFS regarding the project and requested putting the federal permit review on hold. Mr. Morrison also indicated that he met two weeks prior with DWR staff, and with other agencies. DCM staff were not present at the meetings. He also requested additional aerial photos that DCM may have depicting the S-Channel area. 22. On April 10, 2019, DCM received revised drawings from Petitioner's authorized agent showing the proposed addition of more oyster shell reef development, proposed the addition of channel markers, and proposed the removal of the proposed breakwaters. Copies of these revisions were sent out to representatives of the Corps, DMF, NMFS, and DWR. In an April 11, 2019 email, a NMFS representative indicated that the design changes did not warrant a change to their comments and that they "have no plans to agree to modifications at this point." In an April 11, 2019 email, a DMF representative indicated that the design changes did not alleviate DMF's concerns about new dredging in PNA habitat, that it was not DMF "policy to mitigate impacts by allowing habitat trade-offs", and that DMF "would again object to the dredging." 23. On April 17, 2019, DCM received additional aerials in an email from Petitioner's authorized agent, stating the agent's belief that the images "seem to indicate potential past channel maintenance through the subject S curve within the access to the intracoastal waterway" and asking DCM to consider this information. 24. On April 22, 2019, DCM denied Petitioner's revised CAMA/D&F Major Permit Application for the reasons set forth in the agency's denial letter. 25. Petitioner stipulates that its proposed activities violate 15A NCAC 07H.0206(c); 15A NCAC 07H.0208(a)(2)(A); and 15A NCAC 07H.0208(b)(1) as stated in DCM's April 22, 2019 denial letter. 26. In anticipation of this variance request, Petitioner obtained 14 comment letters in support of Petitioner's Variance Request from members of the HOA including: • Brooke Bailey 6329 Shinn Creek Ln. • Jason Carroll 6408 Shinn Creek Ln. • Lamparte • Brian Thomas • John Anderson • . Gina Taylor • Scott/Linda Peterson • Sweeny -Henderson • Canady • Kuronen • Dana Shumate • Dennis Anderson • Christine Dolan • Ari & Arnie Cofni 6412 Shinn Creek Ln. 6416 Shinn Creek Ln. 6424 Shinn Creek Ln. 6425 Shinn Creek Ln. 6429 Shinn Creek Ln. (Adjacent Riparian Owner) 6432 Shinn Creek Ln. (Adjacent Riparian Owner) 6309 Shinnwood Rd. 3100 Wescot Court 3102 Welcome Lane 6324 Shinn Creek Ln. 6421 Shinn Creek Ln. 6333 Shinn Creek Ln. In addition to these HOA members, Adjacent Riparian Owners Bradley and Carol Johnson of 6451 Shinnwood Road also provided a letter in support. 27. In anticipation of this variance request, Petitioner obtained a six -page written review of the proposed dredging of the S-Channel by Troy Alphin, who works as research faculty at the UNCW Department of Biology and Marine Biology. The parties stipulate that while Mr. Alphin has expertise in fields related to his review, the parties further stipulate that there has been no process to establish Mr. Alphin as an "expert" as that term of art is used in legal settings, including no opportunity for Staff to cross- examine Mr. Alphin on the contents of the review and how it came to be, and the parties encourage the Commission to consider this when reading his un-swom report and considering the four variance criterion. 28. In anticipation of this variance request, Petitioner obtained a two -page statement from Petitioner's authorized agent, Land Management Group and signed by. Steve Morrison of LMG, summarizing his/LMG's opinion regarding possible impacts from Petitioner's proposed dredging. The parties stipulate that while Mr. Morrison has some expertise in fields related to his review, the parties further stipulate that there has been no process to establish Mr. Morrison as an "expert" as that term of art is used in legal settings, including no opportunity for Staff to cross-examine Mr. Morrison on the contents of the statement and how it came to be, and the parties encourage the Commission to consider this when reading the un- swom statement and considering the four variance criterion. 29, In anticipation of this variance request, Ben Stephenson, a member of Petitioner's Board, signed an affidavit describing his knowledge about the Site and past efforts to seek permit approval for the proposed dredging. 30. On December 31, 2019, Petitioner filed its Variance Request and proposed supporting materials through counsel, requesting that the Commission hear this matter at its February 2020 meeting. 31. Petitioner is represented by Clark Wright of Davis Hartman Wright PLLC. DCM Staff are represented by DEQ Assistant General Counsel Christine Goebel. EXHIBITS PROVIDED TO THE COMMISSION BY PETITIONER AND RESPONDENT DCM 1. 2000 Deed to HOA of Common Area property at 2819/792 2. Subdivision Plats at B36/210-11 and B38/66 3. DCM Field Investigation Report 4. Petitioner's CAMA/D&F Major Permit Application, original and as revised 5. Historical Narrative, historic aerial photographs and affidavits of Alvin D. Rogers and Thomas Canady with Plat 5/90 attached 6. Water Quality Monitoring Report by Petitioner's agent Land Management Group 7. DMF written concerns about LMG's Water Quality Monitoring Report 8. Adjacent Riparian Neighbor Notice and Certified Mail receipts, map of these parcels 0 9. Copy of on -site placard and newspaper publication request materials 10. Dec. 7, 2018 recommendation from DCM Field Representative 11. DMF Comments, including Dec. 14, 2018 Memo and Dec. 19, 2018 Director's cover letter 12. Jan. 13, 2020 401 denial letter 13. Jan. 30, 2019 comments from the City of Wilmington, 14. Feb. 11, 2019 email from agent re: meeting and DCM response 15. Mar. 24, 2019 email from Corps forwarding Mar. 11, 2019 NMFS letter 16. Apr. 3, 2019 letter from Corps with comments 17. Apr. 11, 2019 comments on revised plan from NMFS and DMF 18. Apr. 17, 2019 email from agent with additional aerials 19. Apr. 22, 2019 DCM Denial Letter 20. 2019 Google Earth image with proposed dredge route and historic route noted by Petitioner 21. Series of six aerial photos from 1956-2010 with notations by Petitioner 22. 14 letters from owners of lots in Shinn Creek Estates Subdivision in support of proposed dredging plus Adj. Rip. Own. Brad Johnson 23. Opinion of Troy Alphin and Alphin CV 24. LMG 2-page statement re: water quality and variance 25. Ben Stephenson, Board Member of HOA, Affidavit 26. Powerpoint Presentation with aerial photographs of the site. CONCLUSIONS OF LAW 1. The Commission has jurisdiction over the parties and the subject matter. All notices for the proceeding were adequate and proper. Petitioner has met the requirements in N.C.G.S..§ 113A-120.1(a) and 15 NCAC 07J .0703(f) which must be found before a variance can be granted as set forth below. a. Strict application of the Commission's Rules relating to dredging in a Primary Nursery Area will cause unnecessary hardships. The Commission affirmatively finds that strict application of the rules cited in DCM's denial letter would cause Petitioner unnecessary hardship. These include, 15A N.C. Admin. Code 07H .0206(c) (estuarine waters management objectives); 15A N.C. Admin. Code 07H 0208(b)(a)(4) (definition for primary nursery area ("PNA")); 15A N.C. Admin. Code 07H 10 .0208(a)(2)(A) (requirement that project be sited to avoid significant adverse impacts to marine resources); and )SA N.C. Admin. Code 07H .0208(b)(1) (avoid PNAs, shellfish beds and submerged aquatic vegetation). These rules are designed to limit impacts to PNAs and protect the coastal marine environment. The Commission finds that strict application of the Commission's rules disallowing new dredging in PNA habitat would cause the HOA unnecessary hardships as the proposed dredging in the S-channel to -3' mean low water ("MLW ') would allow the HOA's members to maintain long-standing pre-CAMA access to the AIWW from their permitted boat basin and channel. DCM advised the Commission in its Staff Recommendation that following the shoaling of the historic route over time and the establishment of coastal wetlands in that area, the preferred route to the AIWW is now through the S-channel to the south because this route is shorter. The Commission agrees. In addition, the Commission notes that Petitioner has revised the application to limit impacts to the coastal environment. For these reasons, the Commission affirmatively finds that Petitioner has shown that strict application of its rules would cause unnecessary hardship and Petitioner has met the first factor without which a variance cannot be granted. b. Petitioner has demonstrated that the hardship results from conditions peculiar to Petitioner's property. The Commission affirmatively finds that Petitioner has demonstrated that the hardship results from conditions peculiar to the property. Specifically, Petitioner's property includes a pre- CAMA and (likely) pre-PNA-designated boat basin and channel. Petitioner has had access to the AIWW for decades. This access was maintained by permitted dredging in 1982. The historic route to the AIWW located north of the S-channel shoaled in over time. While shoaling over time on its 11 own is not necessarily a peculiar condition in a dynamic coastal marsh and creek systems such as this, the shoaling of the S-channel area between two maintained channels removes long-standing access to this site and is a condition peculiar to this property causing Petitioner's hardship. Accordingly, the Commission affirmatively finds that Petitioner has demonstrated that the hardship results from conditions peculiar to the property and has met the second factor required for the grant of its variance request. C. Petitioner has demonstrated that the hardship does not result from actions taken by Petitioner. The Commission affirmatively finds that Petitioner has demonstrated that the hardship does not result from its actions. The Commission notes that the HOA, after considerable pre -application consultation with DCM and other resource agencies, has proposed a modest channel to accommodate smaller (14-foot by 24-foot) shallow -draft vessels traditionally used by members of the HOA to navigate from their boat basin and channel to the AIW W, In addition, the Commission is aware that because the boat basin and access channel was developed pre-CAMA, and may have also been developed prior to designation of the area as a PNA by the N.C. Marine Fisheries Commission. This situation was in existence before the CAMA and the Commission's rules limited dredging in PNAs. Petitioner has proposed a -3' MLW depth for the entire footprint of the project and an 8-foot width through the channel and S-channel. Petitioner has also proposed the placement of channel markers to keep boats navigating within the proposed channel thereby reducing impacts to the surrounding marsh system. The Commission notes Petitioner's willingness to minimize the scope of the proposed dredging and prevent adverse impacts to the PNAs. For these reasons, the Commission affirmatively finds that Petitioner's actions did not cause the hardship and that Petitioner has met the third factor required for a variance. 12 d. Petitioner has demonstrated that the requested variance is consistent with the spirit, purpose and intent of the Commission's rules, will secure public safety and welfare, and will preserve substantial justice. The Petitioner has demonstrated (a) that the requested variance is consistent with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety and welfare, and (c) that it will preserve substantial justice. The principal purposes of these rules is to protect coastal resources, specifically PNAs. For the reasons set forth in more detail below, the Commission affirmatively finds that Petitioner has demonstrated that the requested variance complies with each of the requirements of this rule. Specifically, the Commission finds that the variance meets the spirit, purpose and intent of the Commission's prohibition against new dredging in designated PNAs for the following reasons: There has been a boat basin and channel with access by shallow -draft vessels to the AIWW since before CAMA. Following the shoaling of the historic route, members of the HOA have used the S-channel to access an existing maintained channel to the south. However, the shoaling of the S- channel has significantly limited this long-standing access. While there may be some temporary impacts to the PNA habitat as a result of dredging, the proposed modest channel will allow continued access for shallow -draft vessels to the AIWW, is designed to limits the impacts, and with the use of channel markers will reduce impacts to the surrounding marsh by navigating vessels. In addition, the proposed oyster shell habitat may provide some increase in nursery habitat, and the proposed dredging may offer some improvements in water quality. Second, the Commission affirmatively finds that public safety and welfare will be secured by allowing the HOA members to maintain their long-standing access to the AIWW from the existing boat basin and channel by dredging the shorter S-channel and in this way avoiding greater 13 impacts that might follow from dredging the longer route historically used to access the AIWW. In addition, the addition of channel markers may help keep boaters within the channel reducing impacts from boats navigating outside the proposed channel. Finally, although there may be some impacts to the PNA habitat in the S-channel from dredging, the proposed width and depth are fairly limited. Although DWR issued a letter officially denying the 401 Water Quality Certification for the project as amended based on DCM's CAMA permit denial, the denial was without prejudice to resubmit. DMF's objections to the proposed dredging were focused on the breakwaters that were part of the initial application. These have been removed from the project design. Finally, Petitioner's proposed mitigation using an oyster shell reef development may result in increased nursery function, as noted by Mr. Alphin in his report. Finally, the Commission affirmatively finds that the proposed project will preserve substantial justice because allowing dredging of the S-channel will preserve the long-standing use of this area for navigation by small, shallow -draft vessels between the HOA's pre-CAMA boat - basin and maintained channel to the maintained channel to the south in order to access the AIW W. For these reasons, the Commission affirmatively finds that Petitioner has met the fourth factor required by N.C.G.S. § 113A-120.1(a). THEREFORE, the requested variance from is GRANTED. The granting of this variance does not relieve Petitioner of the responsibility for obtaining any other required permits from the proper permitting authority. FURTHERMORE, the Commission's decision to grant the variance is based upon the record the parties provided to the Commission as described above. However, the Commission is m not bound by the parties' stipulation of facts. The Commission reserves the right to reconsider the granting of this variance and to take any appropriate action should it be shown that there are other relevant facts or documents relating to this variance request. This.the l0th.day.of February 2020. -J M. Renee Cahoon Chair Coastal Resources Commission 15 CERTIFICATE OF SERVICE This is to certify that I have this day served the foregoing REVISED FINAL AGENCY DECISION upon the parties by the methods indicated below: METHOD OF SERVICE Attorney for Petitioner. U.S. Mail and Electronically: I. Clark Wright, Jr., Esq. icw@dhwlegal.com Davis Hartman Wright, PLLC 209 Pollock Street New Bern, NC 28560 Attorney for NC Division of Coastal Management Electronically: Christine A. Goebel Christine.goebel@ncdenr.gov Assistant General Counsel NC Department of Environmental Quality 217 West Jones Street Raleigh, NC 27603 Braxton C. Davis, Executive Director Electronically: Angela Willis, Administrative Assistant Braxton.Davis@ncdenr.gov Division of Coastal Management Angela.Willis@ncdenr.gov 400 Commerce Ave. Morehead City, NC 28557 Linda Painter, CFM, CZO, CAMA LPO Electronically: New Hanover County 1painter@nhcgov.com Planning and Land Use 230 Government Center Dr., suite 110 Wilmington, NC 28403 This the 19th day of February, 2020 Mary L. Lucasse Special Deputy Attorney General and Commission Counsel N.C. Department of Justice P.O. Box 629 Raleigh, N. C. 27602 �v DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 April 3, 2019 Regulatory Division Action ID No. SAW-2014-01431 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Shinn Creek Estates, HOA, Mr. Ben Stephenson, to conduct dredging maintenance dredging within waters of an existing access channel and basin, new dredging to create a new access channel, and installation of two breakwaters in waters adjacent to the AIWW, associated with an existing private docking facility located at 6432 Shinn Creek Lane, in Wilmington, New Hanover County, North Carolina. Wilmington, New Hanover County, North Carolina. Specifically, the proposed project consists of excavating an existing/new access channel and basin adjacent to the AIWW. An.initial dredge event is proposed to remove approximately 600 cy of material from an area measuring 8' wide by 1,085' long located within the existing channel between the AIWW and the boat basin (see Sheet 4 of 6). Approximately 460' of this channel (identified in the application as the'S-Curve' or'S-Channel') is considered new dredging. The proposed final water depth for the channel would be -3' at MLW in connection to a waterbody that has a water depth of -3' at MLW. Existing water depths within the project area range from 0' to-1.5' at MLW. The applicant also proposes to install 4 new wooden breakwaters adjacent to the newly excavated channel (identified in the application as the 'S- Curve' or'S-Channel'). The proposed breakwaters would be 60' long, one would be 70' long, and the final would be 40' long. RECEIVED DCM WILMINGTON, Np JUL o 2 2019 ri .�. -2- The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1 reakwater construction is not authorized 4. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife. Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manateeguidelines.pdf. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. 7.Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or•maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or,,wetlands.outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. -3- 9. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 10. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 11. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCD.EM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. RECEIVE 15. The permittee, upon receipt of a notice of revocation of thi9)PR ►JLgVIi expiration before completion of the work will, without expense to the United State'sa NC such time and manner as the Secretary of the Army or his authorized rams 2619may direct, restore the water or wetland to its pre -project condition. V'' --� I _. CI 16. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Courtney Spears/Ms. Debbie Wilson North Carolina Department of Environmental Quality- Division of Coastal Management Ms. Karen Higgins/Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director 0 CERTIFIED MAIL RETURN RECEIPT REQUESTED Shinn Creek Estates HOA c/o Ben Stephenson 6433 Shinn Creek Lane Wilmington, NC 28409 Dear Mr. Stephenson: NORTH CAROLINA Environmental Quality April 22, 2019 This letter is in response to the application for a Major Permit under the Coastal Area Management Act (CAMA) and the State Dredge and Fill Law, in which authorization was requested to excavate a channel from a community boat ramp to the Atlantic Intracoastal Water Way (AIWW) adjacent to the AIWW and Masonboro Sound, at the terminus of Shinn Creek Lane, in Wilmington, New Hanover County. Processing of the application, which was received as complete by the Division of Coastal Management's Wilmington Office on November 27, 2018 is now complete. Based on the state's review, the Division of Coastal Management (DCM) has made the following findings: 1) The subject property is located adjacent to the AIWW and Masonboro Sound and is located within a Primary Nursery Area (PNA), as designated by the North Carolina Marine Fisheries Commission. 15A NCAC 07H. 0208(a)(4) of the Rules of the Coastal Resources Commission further define PNA's as "Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development of finfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are designated and described by the N.C. Marine Fisheries Commission (MFC) and by the NC. Wildlife Resources Commission (WRC); 2) The proposed project would involve development within Public Trust and Estuarine Waters Areas of Environmental Concern (AEC). 3) The applicant proposes to perform maintenance dredging of an existing 25' by 30' boat basin to a depth of -3' at mean low water (MLW) and maintenance dredging of an existing access channel measuring approximately 600' in length by 8' in width to a depth of-3' at MLW. The applicant also proposes to perform new dredging in an area referred to as the `rS-Curve" measuring approximately 405' in length and 8' in width to a depth of-3' at MLW. The applicant also proposes to perform maintenance dredging within the channel running parallel RECEIVED 4PR 2 2 201.9 North Carolina Department of Environmental Quality I Dh9ston of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Ca-*W* MINGTON, NC 252.808.2808 „ .. Shinif Creek Estafes ROA C/o Ben Stephenson April22, 201 9 Page 2 of 4 to Inlet View Drive: measuring approximately 80'-in lengtifby8' in width to a depth of 73' at MLW. The total proposed length of the access channel.is 1085% 4) - In the original submittal dated received to RCM's, Wilmington office on.November 7;,2018,, vertical breakwaters measuring approximately 230.' in'length were.proposed along the "S- ., curve” bank area. In a revised submittal dated April 1.0, 2619, the breakwaters were removed from the project proposal; arid, several.are,as of proposed oyster shell placement were added to the banks of the,access.channel. 5) The existing community. boat ramp and associated, dredging were authorized. under•CAMA Major PetniitWo 72-82: Permit No. 72-82' was originally issued.on June 22, 1982,for maintenance .dredg ng of a 25' by 30' boat basin and Et=670'-by 20' access channel to a depth of-5'-at MLW:,The permitted access channel was not.authorized to connect to the,AIWW. Permit No 72-82 has undergone several 'modifications, refinements, and renewals., A Major M�difiwas defued on Tuntion to Permit 20 2000 Permit No a 2' 8i'ex iredllar on December 31 2015 ent to the, current proposal p 6) No permit history for maintenance excavation within the "S-Curve",,area was .provided by the applicant, nor was'any such evidence located`by DCM Staff. 7) The southernmost portion of the proposed dredge footprint measuring approximately 80' in len"gth.by 8"in width to a.depth :of =31 at MLW; falls:within a previously dredged'and maintained, channel adlacent,to"lnlet View,.Drive: According to aerial photography this area was otlgfnally'exeavatedi sometime -in the 1970s (prior to the'enactment of CAMA)' and'has since been maintained, through various CAMA General _Permits. 8) The application indicates the existing water depths in the maintained access channel areas rane from -2, to -3 at MLW.:The a lica(ion also g - ' " pp indicates that the existing water depths within the "S' Curve range from.0' to -1' at MLW. 9) The NO Division of Coastal Management has determined that tlie.proposed.project consists' of new dredging in a. PNA measuring approximately 405' in length. and, 8''in width: Approximately 3,240,square •feet of undredged Primary Nursery Area habitat would be excavated as a"result of the proposed project. 10) During the course of the joint stateandFederal review of thg__application, theN.C. Division. of Marine Fisheries (DMF) indicated that, "DMF objects tothis project as proposed due to the significant adverse impact to habitat;and.resources that will result from this project " Further, after reviewing the April- 10; 2019 revised submittal, DMF provided additional - comments that stated "Although the updated,plans have, addressed -ways to stabilize the - channel in a more ecologically preferred: method than vertical breakwaters, there is still a concern with performing new dredging.in'designated PNA habitat. DMF is a strong,supporter., of oyster habitat creation, however, it is uot'our policy to mitigate impacts by allowing _ , ' — -_ North Caroflna Department d.Wmnmental Quality 1 DWlslon of Coastal).QenngemenG 'Mo eheadgtyef8ce 1400_Commercehmnue l Morehead aty, North'Caroltna 285Sr' :. msoa*di8 I- ' Shinn Creek Estates HOA c/o Ben Stephenson April 22, 2019 Page 3 of 4 habitat trade-offs. DMF will maintain the same concerns about new dredging in PNA and would again object to the dredging." The National Marine Fisheries Service and the U.S. Army Corps of Engineers also recommended that the new dredging within the PNA not be allowed. 11) The City of Wilmington objected to the vertical breakwaters stating, "Breakwaters not permitted within 35' of resource per City Code Section 18-341(e). Proposed breakwaters must be removed from plans for City approval." 12) As of the date of this letter, the NC Division of Water Resources is still reviewing the proposed project to determine if the project complies with State water quality standards. 13) Based upon the above referenced findings, the Division of Coastal Management has determined that the proposed project to perform new dredging for the construction of an access channel are inconsistent with the following rules of the Coastal Resources Commission: a) 15A NCAC 07H .0206 (c) (Management Objectives for Estuarine Waters), which states "To conserve and manage the important features of estuarine waters so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system." b) 15A NCAC 07H .0208(a)(2)(A), which states that "before being granted a permit, a determination shall be made that the applicant has complied with the following standards: (A) The location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (Rule. 0203 of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. " c) 15A NCAC 07H .0208(b)(1) (Specific Use Standards), which states in part, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC ". .RECEIVED DEQ� APR 2 2 2019 1�", " LMINGTON NO North Carolina Department of Fnvlronmental Quality I DNision of Coastal Management t Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.8082808 Shinn Creek Estates,HOA _66,136h Stephenson, A -2 161 11 4-2 9 Pal go 6 4,of 4' Given te:pFcceding fmdings, it'is necessary thatyour request for issuance of a CAMA Major Permit under the Coastal Area Management Act and State, ate Divdgeand:Fill Law I be denied. This denial is made pursuant-toN4.a."S6 1_13A,420(a)(8) which requires dehiiifor projects, inconsistent with the state guidelines for Areas of EnvirofiffiehtaPConcdm:br localland use plansi and N.1C.G'S. 113-229,. whi�Wrequires that a_p6rmii ba`de'n_ie'd,6i..cases where4 proposed development will lead to a, significant adverse irppedtlo fisheries resources. If you wish to appeal this deniali you are entitled to.a contested case -hearing. The hearing will involve appcarifigbe'fbre an Adn"mistrative Law Judge who listens to evidence and, arguments of both partiesbefore making fihaIdecWon,on' the appeal. Your request for.4 heating , must be -in the form ln � of, a' written: petition,complying Wit li'�ie requirements 6f'§ 156B of the General d Statutes of :" l .. !l � �_ 'II North'.taioliiia,, d "must Ji&_fi 1ed ;;with the -Office of,`Admip'istrativq, Hearings,, 67 Pt Mai 99- 714 -it' in,tweity(20)' ,Service Center, -Raleigk-NC 27i5 'Wi fii day s from the.date of this denial letter. A copy of this petitidn should be "filed with this office. Another'resoonse to. a permit denial available. toyou ,is to petition the. Coastal -Resources, Commission Co:nunssion.Apply�ing'foraIvaRan'ce- I requires AhaI iy6Iu'.,_first ackfi6Mcdge a-''&recogmzc_tha t the Division, okoasiAfkanAgeffientapplied-the,R41esofthe Coistal Resources Conrlgsion:properl y , in - processihg-and ytheAreque§tah.��dd)tioil-f6thdConlhlission'sRules bas;4I on hardships, tdyou resulting from iuffisual, cqnditions of the:propertyl- To, Apply for ayariance, ll hardships , " , ` variance . - - - " ' ' - Division of l � ' - l.' f d ymmustfile d'oetition-,for�ai�irii6c6.i�itfi'th'dD"ik"i�ctor.6f the I Manqg5mqnt An 11 1. 1 - I I_— , I - , .11. . with , - , -, , - the State AftorneVGeneraiis,_:Offl&d,On a standard form," be a-ec6m-pla"nie"a'.'by,addieioriit' C rrim h o " 'issi6nmedtiug'�fbr� the,v`ar'ianc`e'r'eq.�uest 'to be eligible. to be atthat-ifiecting. T e�§tandatd yariance:forms may. be obtained by contacting a member of my staff, or by visiting-t . he. -Division's. Web page at: ht(ps://deq.n6.gov/abouttdivisions/Coastal-miinageme6t/coastal-man'agement- penriti/variances-appeals, Members of my, staff Are available to assist you should you desire to modify your proposal in the future. If yout have any questions concerning this matter, please contact Ms. Courtney Spears at (9 1. 0) 796-7426. Sincerely, Braxton C. Davis cc: U.S. Army Corps,of Engineers, WiImington,NC OCWWNOAA, Silver Spring,,MD. VE 6110 M6rehRadQtyQfpq4-l400Co'm�nrciAv,nl 4 Molihead Cky, North QKO lq?8§57 0U is a aM ype.br snoreime staoa!zatlom Length: 575E— .[3Bulkhead ❑Riprap ®t3reakvrategSfll ❑Other' - "c.} Average distance watenvard'of;NHW or( WL. 165. d;.. Mazlmhum,distanceuratenraid of NHW oFMWL' -255." e Type of stabilization material: ,Oyster,' shells) for? oyster spat; ': (1) Has.there been shoreline erosidn during preceding 12 months?l =-attachment J .cYes 1SNo; __ ❑NA' - ---.--- (iij If yes, -'state amoun6of eroslon-andlsource�of-erosion amourig information,' NA_, " vgJ] Number ofrquare feet of fill to"tie placed below water lev_ef K115head-backfill.NA1 Rlprep"NAg Bre5kwateUSiII.Q8g5A Other -_NA I , Sourceof fill material.; TBD : '(q_Will fill material be brought to the site? UYesl-j 2W _ ,'If yes;1 6), Amount of material to be.placed.in the water___ (iii) Dimensions -of fill arm.. (v),eurpose of fill 1.5.�OENERAL-i-i h., ,Type of fill material _Oyster shells,for.oyster spat attachm(Fts) (i) Will, fill-matedal be placed in coastal wetlandslm`an, submerged aquatic vegetation (SAV), shell bottom (SB; wetlands (WL)?,, If any boxes are checked; provide thi of square feet affected. ❑m ❑SAVj ❑Sf3 - --- (ii) Describe the purpose of the`fill In these areas:, now will excavated or, nil material", be kept on site and erosion; �tig What type of construction equipment will be used (e.g.. draglina controlled?' backhoe, or hydraulic dredge)?• Silt fence and bens at disposal locado Bucket to_6arge dredge:; Qe (ij Willnavigationalbe"required as a "result of the project?,i :d.a oi. Will wetlands be cross`ed in tiansporting equipment Eo 0rdjectF '-' ❑Yes ®Ne .❑NA site?l 0Yes: ®No ❑NA - " - — (il) If yes explanwhat type and how they will be Implemented.! (d) If yes, explain steps=thaCwiil`be takerf fo avoitl ar m nimrce7 ,NA- - - environmental impacts:, NAI 'Date 4/1-W0191 1 _ ^ } 3 a '.1 ) ' r, j j a 1 a 7 — 3 -Piolect 1�' Shinn Creek Etessta; a a L i 1 Shtnri Creek Estates c/o Ben Stephenson) .'' 1 ; ; l _ _ - t _:�. 'AFTpLrrn[ S,gnaiure' �. '..� �' q _1 z- _j i '� a _.i ^i. j . 1 .1 __ I_ —_ _ _._ ..�.__, a I A )1 GregiFlnch Agent; Land Management Grotip, Inc � :' RECEIVED' a - APR 1 1 2019 LAMA Permit Application for- Major Development_-November-2018.-- MP SECTION tNIRO Shiriri Creek -Estates WilmiVp_z New -Ha nover.County, North;Carol h j 6 7 ROY COOPER Govemor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Dinsaor CERTIFIED MAIL RETURN RECEIPT REQUESTED Shinn Creek Estates HOA Ott Ben Stephenson 6433 Shinn Creek Lane Wilmington, NC 28409 Dear Mr. Stephenson: NORTH CAROLINA Environmental Quality April 22, 2019 This letter is in response to the application for a Major. Permit under the Coastal Area Management Act (CAMA) and the State Dredge and Fill Law, in which authorization was requested to excavate a channel from a community boat ramp to the Atlantic Intracoastal Water Way (AIW W) adjacent to the AIW W and Masonboro Sound, at the terminus of Shinn Creek Lane, in Wilmington, New Hanover County. Processing of the application, which was received as complete by the Division of Coastal Management's Wilmington Office on November 27, 2018 is now complete. Based on the state's review, the Division of Coastal Management (DCM) has made the following findings: 1) The subject property is located adjacent to the AIW W and Masonboro Sound and is located within a Primary Nursery Area (PNA), as designated by the North Carolina Marine Fisheries Commission. 15A NCAC 07H. 0208(a)(4) of the Rules of the Coastal Resources Commission further define, PNA's as "Primary nursery areas are those areas in the estuarine and ocean system where initial post larval development offinfish and crustaceans takes place. They are usually located in the uppermost sections of a system where populations are uniformly early juvenile stages. They are designated and described by the N.C. Marine Fisheries Commission (MFC) and by the N.C. Wildlife Resources Commission (WRC); " 2) The proposed project would in development within Public Trust and Estuarine Waters Areas of Environmental Concern (AEC). 3) The applicant proposes to perform maintenance dredging of an existing 25' by 30' boat basin to a depth of -3' at mean_ low water (MLW) and maintenance dredging of an existing access channel measuring approximately 600' in length by 8' in width to a depth of -3' at MLW. The applicant also proposes to perform new dredging in an area referred to as the "S-Curve" measuring approximately 405' in length and 8' in width to a depth of -3' at MLW. The applicant also proposes to perform maintenance dredging within the channel running parallel Mm��o���J��, OMNmvId4nYMWNN North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252808.2808 44 OShinn Creek Estates HOA c/o Ben Stephenson April 22, 2019 Page 2 of 4 to Inlet View Drive measuring approximately 80' in length by 8' in width to a depth of -3' at MLW. The total proposed length, of the access channel is 1085'. 4) In the original submittal dated received in DCM's Wilmington office on November 7, 2018, vertical breakwaters measuring approximately 230' in length were proposed along the "S- curve" bank area. In a revised submittal dated April 10, 2019, the breakwaters were removed from the project proposal, and several areas of proposed oyster shell placement were added to the banks of the access channel. 5) The existing community boat ramp and associated dredging were authorized under CAMA Major Permit No. 72-82. Permit No. 72-82 was originally issued on June 22, 1982 for maintenance dredging of a 25' by 30' boat basin and a 670' by 20' access channel to a depth of -5' at MLW. The permitted access channel was not authorized to connect to the AIWW. Permit No. 72-82 has undergone several modifications, refinements, and renewals: A Major Modification to Permit No. 72-82for dredging in a similar alignment to the current proposal was denied on June 20, 2000, Permit No. 72-82 expired on December 31, 2015. 6) No permit history for maintenance excavation within the "S-Curve" area was provided'by the applicant, nor was any such evidence located by DCM Staff. 7) The southernmost portion of the proposed dredge footprint, measuring approximately 80' in length by;8' in width to a depth of -3' at MLW, falls within a previously dredged and maintained channel adjacent to Inlet View Drive. According to aerial photography this area was originally excavated sometime in the 1970s (prior to the enactment of CAMA) and has since been maintained through various CAMA General Permits. 8) The application indicates the existing water depths in the maintained access channel areas range from -2' to -3' at MLW. The application also indicates that the existing water depths within the "S-Curve" range from 0' to -I' at MLW. 9) The NC Division of Coastal Management has determined that the proposed project consists of new dredging in a PNA measuring approximately 405' in length and 8' in width. Approximately 3,240 square feet of undredged Primary Nursery Area habitat would, be excavated as a result of the proposed project. 10) During the course of the joint state and Federal review of the application, the N.C. Division_ of Marine Fisheries (DMF) indicated that, "DMF objects to this project as proposed due to the significant adverse impact to habitat and resources that will result from this project." Further, after reviewing the April 10, 2019 revised submittal, DMF provided additional comments that stated "Although the updated plans have addressed ways to stabilize the channel in a more ecologically preferred method than vertical breakwaters, there is still a concern with performing new dredging in designated PNA habitat. DMF is a strong supporter of oyster habitat creation, however, it is not our policy to mitigate impacts by allowing rvonmrwrmuHn �� - .. Y.peiMentelFmlrovrsm1Y 0Y1111,. North Corollas Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina28557 252.808.2808 i1 Shinn Creek Estates HOA c/o Ben Stephenson April 22, 2019. Page 3 of 4 habitat trade-offs. DMF will maintain the same concerns about new dredging in PNA and would again object to the.dredging.".The National Marine Fisheries Service and the U.S. Army Corps of Engineers also recommended that the new dredging within the PNA not be allowed. 11) The, City of Wilmington objected to the vertical, breakwaters stating, "Breakwaters not permitted within 35' of resource per City Code Section l 8-341(e). Proposed breakwaters must be removed from plans for City approval." 12) As of the date of this letter, the NC Division of Water Resources is still reviewing the proposed project to determine if the project complies with State water quality standards. 13) Based upon the above referenced findings,.the Division of Coastal Management has determined that the proposed project to perform new dredging for the construction of an access channel are inconsistent with the,following rules of the Coastal Resources Commission: a) 15A NCAC 07H .0206 (c) (Management Objectives for Estuarine Waters), which states "To conserve and manage ,the important features of estuarine waters so as to safeguard and perpetuate their biological,, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine and ocean system." b) 15A NCAC 07H .0208(a)(2)(A), which states that "before being granted a permit, a determination shall be made that the applicant has complied with the following standards: (A) The location, design,. and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC (Rule .0203 of this subchapter) and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, submerged aquatic vegetationas defined by the Marine Fisheries Commission, and spawning and nursery areas, " c) 15A NCAC 07H .0208(b)(1) (Specific Use Standards), which states in part, "Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, —shellfish beds, beds of submerged aquatic vegetation as defined by the MFC ". , IAft111 CAgIXRIA oepuumm m rmuem�mw w,mr North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Clq. North Carolina 28557 '252.8082808 Shinn Creek Estates HOA c/o Ben Stephenson April 22, 2019 Page 4 of 4 Given the preceding findings, it is necessary that your request for issuance of a CAMA Major Permit under the Coastal Area Management Act and -State Dredge and Fill Law be denied. This denial is made pursuant to N:C.G.S. 113A-120(a)(8) which requires denial for projects inconsistent with the state guidelines for Areas of Environmental. Concern or local land use plans, and N.C.G.S. 113-229, which requires that a permit be denied for cases where a proposed development will lead, to a significant adverse impact to fisheries resources. If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will involve appearing before an Administrative Law Judge who listens to evidence and arguments of both parties before making a final decision on the appeal. Your request for a hearing must be in the form of a written petition, complying with'the requirements of § 150B of the General Statutes of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial letter. A copy of this petition should be filed with this office. Another response to a permit denial available to you is to petition the Coastal Resources Commission for a variance to undertake a project that is''prohibited_ by the Rules of the Coastal Resources Commission. Applying for a variance requires that you first acknowledge and recognize that the Division of Coastal Management applied the Rules of the Coastal Resources Commission properly in processing and issuing this denial. You may then request an exception to the Commission's Rules based on hardships to you resulting from unusual conditions of the property. To apply for a variance, you must file a petition for a variance with the Director of the Division of Coastal Management and the State Attorney General's Office on.a standard form, which must be accompanied by additional information on the nature of the project and.the reasons for requesting a variance. The variance request may be filed at any time, but must be filed a minimum of six weeks before a scheduled Commission meeting for the variance request to be eligible to be heard at that meeting. The standard variance forms may be obtained by contacting a member of my staff, or by visiting the Division's web page at: https://deq.nc.gov/about/divisions/coastal-management/coastal-management- permits/variances-appeals. Members of my staff are available to assist you should you desire to modify your proposal in the future. If you have any questions concerning this matter, please contact Ms. Courtney Spears at (910) 796-7426. Sincerely, Braxton C. Davis Army Corps of Engineers, Wilmington, NC OCRM/NOAA, Silver Spring, MD N.711HGAOlINq i �Nmd N FlNununuC90uW, North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead CiM North Carolina 28557 252.8082808 13 DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) 1. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 00% ($0) 11. Public or commercial development that • "does not involve the filling or excavation f any wetlands or open water areas: $400 100% ($400) 0`V� ($0) III. For development that involves the Ming and/or excavation of up to 1 acre of Hands and/or open water areas, determine ff A,B, C, or D below applies: III(A)-Private. non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) W/, ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) v", ($0) III(C) - If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and - written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $ 60% ($240) 40% ($160) MID), If General Water Quality z oil ertification No. 4144 (see attached) cannot be applied $400 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre f wetlands and/or open water areas: $475 60% ($285) 40�/ DE:C 13 k)CM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. d Received Deposited Permit Holder Number amount Number/Comments 11/15/2018 Shinn Creek Estates Shinn Creek Wells Fargo 4135 $400.00 major fee, Shinn Creek Lane, BS rct. 7406 HOA Estates HOA Wilmington NHCo SPLIT 60/40 RECEIVED DEC 13 2018 DCM-MHD CITY C DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Shinn CreekEstmtes HOA COUNTY: New Hanover ' PROJECT NAME: Shinn Creek Estates lmpiovmena LOCATION OF.PROJECT: 6432 Shinn Creek Ln., adjacent to the AIWW, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:11=27-18 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Sargon DISTRICT OFFICE: WIIAIINGTON DISTRICT MANAGER REVIEW: tfz— Gv2y9t.4 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $400 (60/40) # 4135 APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE RECD:12-14-18 END -OF NOTICE DATE:1-4-19 ADJ. RIP. PROP NOTICES RECD: DEED RECD: Yes C) 75 DAY DEADLINE: 2-10-19 150 DAY DEADLINE: MAIL OUT DATE:12-11-18 STATE DUE DATE: 1.4-19 PERMIT FINAL ACTION: ISSUE DENYw��ar� AGENCY DATE COMMENTS KOBJECTION:S:RETURNED NOTES' DCM—Field RepIn(imSIS'f-C DCM—LUP Consistency Determination I� u� + •�. Local Permit OMcer Q"J4.E wiIN— obju4-+9 bred .rryt At Corps of Engineers — Regulatory Branch I&M DWR-401 Section DWR— Public Water Supply IZ DEMLR—Stormwater&Sed/Erosion DOA — State Property Office . - Wildlife Resources Commission 00 U (y 5 �Q.SZrvlEtit-{- DMF — Shellfish Section I Z ZJ I IJ DMF — Habitat & Enhancement (� Z DNCR—Archives & History 12- DNCR—Natural Heritage Program 2 NCDOT Rural Development Division .y IPVJI MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Plann Subject: Consistency Determination, Major Permit Application, Shinn Creek Estates HOA, Wilmington, New Hanover County Date: January 9, 2019 project is consistent with the 2006 Wilmington -New Hanover County.lioint The applicant is proposing to maintain an existing access channel and basin, excavate a new channel to the AIWW, and install new breakwaters. The project is located at 6432 Shinn Creek Lane, adjacent to the AIWW in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Developed/Conservation. In general, Wilmington -New Hanover County allows development in Developed and Conservation classified AECs, which is consistent with the State's minimum use standards. The Wilmington -New Hanover County Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Update. Cc: File kNAC NOR ni CAROLINA ?.rn /Ih....1, ,"/ 01w4n December 11. 2018 MEMORANDUM: FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax 910-395-3964 (Courier 04-16-33) courtney.spears((Dncdenr.gov SUBJECT CAMA/Dredge & Fill Application Review Applicant: Shinn Creek Estates, HOA ROY COOPER MICIIAEL S. REGAN BRAXTON DAVIS 14m� rnr, / Yvevwi ul � l.rv.,r 1Auenr rarer Project Location: 6432 Shinn Creek Ln., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: maintenance of an existing access channel and basin, and excavation of a new channel, and installation of breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by January 4, 2019. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed, "Additional comments may be attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRI14T NAME .• V ki•..� P& AGENCY SIGNATURE DATE t- vw C, wi hum l 3O 0 JAN 30 2019 Oc"lrtht lifwr?TnN, NC Slate of Nunh Carolina I Environmental Quality I Coastal Managemeoi 127 Cardinal Dne Exi., Wilmington, NC 28405 919 796 7215 �c b"n-, volmi't Spears, Courtney From: Painter, Linda <LPainter@nhcgov.com> Sent: Wednesday, January 30, 2019 1:21 PM To: Kathryn Thurston; Simpson, Shaun Cc: Spears, Courtney Subject: [External] RE: CAMA Application: Shinn Creek Estates, HOA Shaun, The County has no comment. Linda Linda Painter [ Zoning Compliance Official Planning & Land Use - Planning & Zoning New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7068 p 1 (910) 798-7053 f www.nhcgov.com From: Kathryn Thurston <Kathryn.Thurston@wilmingtonnc.gov> Sent: Wednesday, January 30, 2019 1:16 PM To: Simpson, Shaun <shaun.simpson@ncdenr.gov>; Painter, Linda <LPainter@nhcgov.com> Cc: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: RE: LAMA Application: Shinn Creek Estates, HOA Hi Shaun, No worries. I have reviewed and attached the city's response. Thanks! Kathryn From: Simpson, Shaun[mailto:shaun.simpson@ncdenr.eovl Sent: Friday, January 25, 2019 3:23 PM To: 'painter, linda' (Ipainter@nhceov.com) <IPainter@nhcgov.com>; Kathryn Thurston <Kath ryn.Th urston @wi I mineto n nc.zov> Cc: Spears, Courtney <courtney.spears@ncdenrgov> Subject: CAMA Application: Shinn Creek Estates, HOA Hello Linda and Kathryn: I should have sent this to you when it was originally'distributed on December 11'h. Courtney is aware that you are just now receiving it. My apology. Shaun ' Please accept this correspondence as the officialdistribution of. a CAMA application from the Dustin Gross and Harry Shaw in New Hanover County. Attachments include: Field Investigative Report, narrative, application, workplans, comment sheet and any other document specifically for you. NO oversized workplans have been submitted by the applicant This email has a return receipt notification. Please accept the request, as we will use it to log receipt of the application. As DCM moves forward in updating our electronic permitting efforts this process will evolve, so we appreciate your understanding as we move away from a paper -based application. For questions or concerns, please contact Courtney Spears at courtnev.spears@ncdenr.eov or (910) 796-7426. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Managemen[ 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7226 Shaun.Simoson (dncdenr.aov Be__V^Nakn9coapues-... E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. E-mail correspondence to and from this address is subject to. the North Carolina Public Records Law and may be disclosed to third parties. Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, February 12, 2019 1:29 PM To: Huggett, Doug; kathryn_matthews@fws.gov,, leigh mann; pace wilbur, pete benjamin; Owens, Jennifer L CIV USARMY CESAW (US); HORTON, J TODD CIV USARMY CESAW (US); Arnette, Justin R CIV USARMY CESAW (US); DCR - Environmental_Review; Bowers, Todd; ethan coble; Ryan.LTaylor@uscg.mil; Fritz Rohde - NOAA Federal; matt creelman; Chad Coburn; Spears, Courtney, Twyla Cheatwood Cc: Capito, Rachel A CIV USARMY.CESAW (US) Subject: [External] CAMA MAJOR/GP 291/SAW-2014-01431/Shinn Creek Estates Attachments: SAW-2014-01431_Shinn Creek Estates_ePN.PDF; Shinn.Bio.App.Narr.pdf, Shinn.Drawings.pdf, GoogleEarth_Placemark.kmz CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repo rt.spam@nc.gov<mailto:repo rt.spam@nc.gov> All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit modification request for the subject project. The attached notice requests federal agency comments on this project by March 12, 2019. The applicant proposes to perform maintenance dredging within waters of an existing access channel and basin, new dredging to create a new access channel, and installation of two breakwaters in waters adjacent to the AIWW, associated with an existing private docking facility located at 6432 Shinn Creek Lane, in Wilmington, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: N -W. Specifically, the applicant proposes to excavate an existing/new access channel and basin adjacent to the AIWW. An initial dredge event is proposed to remove approximately 600 cy of material from an area measuring 8' wide by 1,085' long located within the existing channel between the AIWW and the boat basin (see Sheet 4 of 6). Approximately 460' of this channel (identified in the application as the 'S-Curve' or'S-Channel') is new dredging. The proposed final water depth for the channel would be -3' at MLW in connection to a waterbody that has a water depth of -Tat MLW. Existing water depths within the project area range from O' to-1.5' at MLW. Shallow bottom material would be removed mechanically by bucket -to -barge method and deposited at a privately - owned spoil disposal site identified by the applicant as Parcel ID: R06300-002-003-000. The spoil site is located approximately 0.3 miles south of the project site and adjacent to USACE Disposal Site No. DA-251 at the confluence of the AIWW and Shinn Creek (see Sheet 1 of 7). The application states that the material would be off loaded and placed outside the USACE Easement Boundary on the eastern portion of the island. The applicant also proposes to install 4 new wooden breakwaters adjacent to the newly excavated channel (identified in the application as the'S-Curve' or'S-Channel'). Two breakwaters would be 60' long, one would be 70' long, and the final would be 40' long. These breakwaters would extend approximately 1' above MHW. See plan sheet 5 through 7 of 7 for further detail on breakwater construction. It should be noted that oyster beds are located adjacent to the project area. According to the application, the boat basin and access channel were excavated prior to 1970. A State Permit was issued (State Permit No. 72-82) in 1982 for maintenance dredging of the boat basin and access channel, which did not include the "S" channel. The state permit was further modified/renewed over the years and details are located within the attached DCM bioreport. Please see the attached request, plans and location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project MAY ADVERSELY affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The waters within the project area designated SA by the Division of Water Resources. Waters within the project area ARE designated as PNA by the NC Division of Marine Fisheries and are CLOSED to the taking of shellfish. ESA: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural. Heritage Database. Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines may be required as a condition of this proposed action. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. NHPA 106: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places, the Corps has preliminarily determined that the proposed project will have no effect on cultural resources and requests concurrence from the State Historic Preservation Office. Please contact me if you have any questions. Please provide comments as soon as you can or by March 12, 2019. *Also, please note that in case of a federal government shutdown, if necessary, the comment period will be extended in order to complete both ESA consultation and EFH consultation. Thank you, Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 MW Spears, Courtney From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, April 03, 2019 11:39 AM To: Huggett, Doug Cc: Spears, Courtney; Coburn, Chad Subject: [External] draft Corps conditions for Shinn Creek Estates Attachments: CL 31_Shinn Creek Estates_dredge_LETTERHEAD.DOCX CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> All, Attached is a Word version of the Corps conditions/recommendations for the following project: Corps AID: SAW-2014-01431 Project Name: Shinn Creek Estates, HOA dredge County: New Hanover Signed version will go out later today. Please note the first 3 conditions restrict the dredging to the basin andexisting access channel and include a moratorium. These are the result of EFH consultation with NMFS. Please let me know if you have any questions. Thanks! Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEER 69 DARLINGTON AVENUE _ WILMINGTON, NORTH CAROLINA 28403-1343 April 3, 2019 Regulatory Division Action ID No. SAW-2014-01431 Mr. Doug Huggett Division of. Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Shinn Creek Estates, HOA, Mr..Ben Stephenson, to conduct dredging maintenance dredging .within waters of an existing access channel and basin, new dredging to create a new access channel, and installation of two breakwaters in waters W, associated with an exis adjacent to the AIWW, private docking facility located at 6432 Shinn Creek Lane, in Wilmington, New Hanover County, North Carolina. Wilmington, New Hanover County, North Carolina. Specifically, the proposed project consists of excavating an existing/new access channel and basin adjacent to the AIWW. An initial dredge event is proposed to remove approximately 600 cy of material from an area measuring 8' wide by 1,085' long located within; the existing channel between the AIWW and the boat basin (see Sheet 4 of 6). Approximately 460' of this channel (identified in the application as the'S-Curve' or'S-Channel') is considered new dredging. The proposed final water depth for the channel would be -Tat MLW in connection to a waterbody that has a water depth of -3' at MLW. Existing water depths within the project area range from 0' to-1.5' at MLW. The applicant also proposes to install 4 new wooden breakwaters adjacent to the. newly excavated channel (identified in the application as the 'S- Curve' or'S-Channel'). The proposed breakwaters would be 60' long, one would be 70' long, and the final would be 40' long. ?-=�r- EIVED APR 0 3 2019 -2- The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 4. In order to further protect the endangered West Indian Manatee, Tiichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www:fws.gov/nc-es/mammal/manateeguidelines.adf. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For. further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are apart of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7.Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. -3- 9. All mechanized equipment will;be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 10. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants, except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 11. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized- work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures.. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices.around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 9 973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 15. 'The permittee, upon receipt of a notice of revocation of this peWi expiration before completion of the work will, without expense to theU,9NC such time and manner as the Secretary of the Army or his authorizecg direct, restore the water or wetland to its pre -project condition. APR o 3 2019 1s 16. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation: Questions or comments may be addressed to. Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Courtney Spears/Ms. Debbie Wilson North Carolina Department of Environmental Quality- Division of Coastal Management Ms. Karen Higgins/Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division 51 RECEIVED DCM WILMINGTON, NC APR 0 8 2019 ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS W,ar."-w o"'P:,wvnr - December 11, 2018 MEMORANDUM: FROM, Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax 910-395-3964 (Courier 04-16-33) coyrtney. spearsancden r, qoy SUBJECT: CA MA /Dredge & Fill Application Review Applicant: Shinn Creek Estates, HOA Project Location: 6432 Shinn Creek Ln., adjacent to the A/WW, in Wilmington, New Hanover Co. Proposed Project: maintenance of an existing access channel and basin, and excavation of a new channel, and installation of breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by JAhuary 4, 2019, If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: Y This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME_ tr kty, de-C in AGENCY _ rCril Qub� (� Iok4/ �kQQ(V SIGNATURE ^�k - _ RECEIVED DEC 18 2018 DATE I a-` N-1 S DCM WILMINGTON, NC Slate of North Carolina I Enwonmental Quality I Coastal Management 177 Cardinal Dnre Eti, Witmmgtou,NC211105 9197%7215 A)f't A\vi ROY COOPER c MICHAEL S. REGAN BRAXTON DAVIS u,,, December 11. 2018 MEMORANDUM: FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(fDncdenr.00v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Shinn Creek Estates, HOA Project Location: 6432 Shinn Creek Ln., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: maintenance of an existing access channel and basin, and excavation of a new channel, and installation of breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by January 4, 2019. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** 4- This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINTNAME ��MS O aE�EN� AGENCY SIGNATURE Mp SECt`�N,Oko DATE F-7 r— State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 0 December 11, 2018 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.soears(d)ncdenr,gov SUBJECT: CAMA/Dredge & Fill Application Review MKS RO1' COOPER MICHALL, S. RLGAN BRAXTON DAVIS Applicant: Shinn Creek Estates, HOA Project Location: 6432 Shinn Creek Ln., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: maintenance of an existing access channel and basin, and excavation of a new channel, and installation of breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by January 4, 2019. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. �� IN This d. This agency approves of the project only if the recommended changes M<mJ are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME j.l�G� n �a 141 � `t aid AGENCY SIGNATURE DATE j- to'zol� SW1cur Noah Carnhna 1iid.,n,wn1a10ua1nc Cwslal hlana nnnl 127Cadinal Umc l st . N ilmmpon. NC 2RJn5 1)19'9f.'9 5 RECEIVED JAN 10 2019 DCM WILMINGTON, NC a Machelle Sanders North Carolina Secretary Department of Administration State Property Office Tim Walton Dimtor Roy Cooper, Governor January 10, 2019 TO: Courtney Spears -Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 FROM: Wanda Hilliard Real Property Agent State Property Office SUBJECT: CAMA APPLICATION REVIEW — Shinn Creek Estates, HOA RE: Maintenance of an existing access channel and basin, and excavation of a new channel, and installation of breakwaters. Please confirm that the facilities are not located within the 1000'USACE AI W W easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 1 B21 Mail Service Ctr. I Raleigh, NC 27699 919 807 4650 T I Web: httpJ/www.ncspo.c= RECEIVED JAN 10 2019 DCM WILMINGTON, NC ok1- Mrti ROY COOPER v4v December 11. 2018 MEMORANDUM FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Shinn Creek Estates, HOA MICHAEL S. REGAN BRAXTON DAVIS Project Location: 6432 Shinn Creek Ln., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: maintenance of an existing access channel and basin, and excavation of a new channel, and installation of breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by January 4, 2019. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached This agency objects to the project for reasons described in the attached comments. PRINT NAME c) a&LAV (AIA 3e.tnkt✓)S AGENCY NC 47MEe.lt SIGNATURE hS RECEIVED DATE l-11 l off- I 16 DEC T32018 Sox of Nmg, Cmhm I En ommmW Qalrty I CDmW Mmege t InaanWDdwF,.,Wd ington.NC28405 9197%7215 DCM WILMINGTON, NC tJ`�4 ROY COOPER . - - Cimrmur M-ICHAEL S.'REGAN - `Siirrimy BRAXTON DAVIS _ 1)nequr, lilrlxttm oJ(;uq,Vy1. ' . Atmroycment December 11,.2018 MEMORANDUM.' FROM: Courtney, pears ), SiSWhtMalo-Perr its Coordinator NCDEM- DivWon of Coastal Managemenk -. 12x Cardinal Dnve;F_xt 'Wlmingfon„NC 29405 Pax: 910-395 3964[COurier44-i0.33f` " courtnev.soearsanncd, an r.dov'' SUBJECT:.. CAMA/bredge & Frit Applrca6on Revrew- Applrcent Shinn Greek Estd("' HOA - Pro�ectLocation G432 Shinn C4 tto the 41hhY rh wlinmgto», New HanoverCo. i P S g- Y3 4 ProposedPProtect mamCenence oian eXtsdng aC1s cbannpl and basin and excavation ofa.new.. .•r channel,�an'dmsta�llahbn'bfbrealcWaters ; _ - - Please. rtdlcate below your agency s poglaon of vle,Wpolnt on'the proposed�rolect artd return thi§:form faCourhiev Sriears at the address above byua4; Afa lf•you have any gttesbons regarding the proposed prefect co �taot BrookaSurgan at (9t0) 79(r7270 when appromate; �n depth comments v nth,suppoAing data lssrequested _ , REPLY' ; Tkll�agerjcy has no,oblecUon �o Uteproleet as propgsed'� "Additional comments may�ie�ftached� - - - Th1s agency has no;corhmeht on the proposed proleck This agency appro�tes,of the p�olect only rf the recornmended,changess; are incorporated See attached • ,;; This' agency objects to the project for reasons descritled m therattached comments,. r r �RIN%,�NAfNI° �iUP�S ��lct4c�i�` AGENCY N[ nlytslt; a� AfLiNE ; SrrQu85'' RECEIVED MP SECTION WIRO . state of Nanh Cmolina j Fnvgoameuiel Qoahtyl CuzamUytauegament - IZ7 CardinatDrive Eq , Wilm'mgm%NC 28405--. 919,1967215 ROY COOPER MICHAEL.S. ktdAN: S—emy STEPHEN W. MURPHEY -D&ectw MEMORANDUM: To: Courtney Spears, DCM Assistant Major Permit: Coordinator FROM: Curt Weyc ert, D MF Fisheries ResourceSppcialist THROUGH: Anne Deaton, DMF flabipit.Msessfirent, Coordinator SUBJECT: Shinn. Creek Estates, HOA DATE: December 14,2018�,. State of North Carolina I Division of Marine Ebhelies 344I.ArendellStreet 1 P.0-0ox769 1 Morehead Oty. North Carolina 281,57 State of North Carolina I Division ofNarine flsimnes 3441 Arendell Street! R0.8oc764.I Morehead Cily.NorlhCaollna285W 252-726-7021 - sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna.and flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations; malting the'potential fora DO crash from increased turbidity a major concern, even if sedimentbooms are utilized. The applicant is also.proposing to install four (4) wooden breakwaters. along the perimeter of the "S" channel. The areas of the "S" channel where the breakwaters are being -proposed currently contain`a'significaut presence of shellfish habitat bridging soft bottom and fringing marsh. Shell bottom is an extremely productive self: building,three-dimensional habitat that can be impacted long terni though dredging and filling pollution and other ' contaminants. This v tal.estuarine habl , is erylhnited in`North'Garolina,.and'restoration and conservation of shellfish habitat.is at the forefront Installing breakwaters, while attempting to minimize dredge.footprint, will impede pathways for water, nptrients,.and fauna Additionally; vertical hardening structures when exposed -to.continual-wake expenenge,scour which has th"otential destabilizingsediment and eroding tliemarsh over tune Because the final dredge depth of ft MLw, living shorelines with"small offering a more natural iron§ition of intertidal habitats. JAN 022019 Nothing Co-nv MP SECTION VVIM%J State ofNorlh GaiuGna I DiHsianofMarine Flsheries 3441 Arendell5treet t P.0:9ox769 f Mwetlead C(ty, NoithC.vnGn528557. - e52•T6-'e02f _. - "'�`/�%4�11 �r�nr�('„ Na#. .!A.,� .i�.:9+a fr,.� �y;, -:, �v.' w• r IF 4 dV M�v ROY COOPER Covernor MICHAEL S. REGAN Secretary STEPHEN W. MURPHEY December 19, 2018 Director Courtney Spears, Assistant Major Permits Coordinator NC DEQ Division of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Re: Shinn Creek Estates, HOA, New Hanover County Dear Ms. Spears: After discussions with staff, I concur with their recommendation to deny this permit application for new dredging in a MFC designated Primary Nursery Area and install four breakwaters along the channel immediately adjacent to oyster and wetland habitat. The proposed site is a narrow meandering channel, with ideal nursery habitat characteristics. Staff also has concerns that if dredged, there would be additional habitat loss along the marsh edge due to boat wake generated erosion, as has occurred in the adjacent dredged channel, and the breakwaters could exacerbate erosion. Maintaining nursery habitat for juvenile fish is critical to maintaining sustainable fisheries. The division therefore objects to the proposed dredging and suggests a less damaging alternative to the breakwaters. I request that you keep Curt Weychert informed on the final status of the proposed project. Thank you for the opportunity to comment on this application. ' S incerely, Stephen . Murl NC Division of Marine Fisheries Cc: Braxton Davis, DCM Director Dee Lupton, DMF Deputy Director Anne Deaton, DMF Habitat Protection Manager Curt Weychert, DMF Marine Biologist RECEIVED JAN 0 2 2019 —i Nothtng Compares..- MP SECTION WIRO State of North Carolina I Division of Marine Fisheries 7441 Arendell Street I P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 Received: 12/17/2018 December 11, 2018 MEMORANDUM State Historic Preservation OffiOWY COOPER MICHAEL S. REGAN BRAXTON DAVIS ER 18-4185 FROM Courtney Spears, Assistant Major Permits Coordinator Due--12/31/18 NCDEO - Division of Coastal Management n 127 Cardinal Drive Ext Wilmington, NC 28405 V 1 Fax 910-395-3964 (Courier 04-16-33) A- courtnev soears((ilncdenr gov J1/�ItQ SUBJECT CAMA/Dredge & Fill Application Review Applicant: Shinn Creek Estates, HOA Project Location: 6432 Shinn Creek Ln., adjacent to the AIWW in Wilmington. New Hanover Co. Proposed Project: maintenance of an existing access channel and basin. and excavation of a new channel. and installation of breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by January 4, 2019. If you have any questions regarding the proposed project. contact Brooks Surgan at (910) 796-7270 when appropriate. In-depth comments with supporting data is requested REPLY: This agency has no objection to the project as proposed "Additional comments may be attached" XThis agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley RECEIVED AGENCY State Historic Preservation Office DEC 212018 SIGNATURE �y DCM WILMINGTON, NC DATE a I a Slaw M\nnh('arohna I .... .. emal (h hi, ( m.1 M.g,p wit DEC i E 20i8 I?,(ad'.1 Um \( '_ eI I NdmmFaw.Sllls 411)1%1:1( MM NC DEPARTMENT OF • . I' old NATURAL AND CULTURAL RESOURCES I Susi Hamilton, SaC►ibl'y Walter Clark, Director, Land and Water Stww'dsHp NCN H D E-7905 January 10, 2019 Courtney Spears NC DEQ 127 Cardinal Drive Wilmington, NC 28405 RE: CAMA: Shinn Creek Dear Courtney Spears: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s-//www.fws.aov/offices/Directory/Lis Offi c fm?s a od = 7. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally -listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodnev.butler(a)ncdcr.aov or 919-707-8603. ftECEIVED Sincerely, JAN 2 2 ZO NC Natural Heritage Program DCM W►LMINGTON, NC 'DEPARTMENT OF NATURAL ANO CULTURAL RESOURCES ® W W. JONES STREET, RALEIGN, NC 27603 • W MAIL SERVICE CENTER, RALEIGH, NC 27699 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area C/\M/\:Shinn Creek January l0,2CD9 mCNHDE'7905 - ement Occurrences Documented Within -a One-mile.Radius of the Project Area ssemblage ird 8340 Passerina ciris Painted Bunting 2017-05-08 AB 3-Medium --- Special G5 S2B Concern Gonceg tvater Fish32417 Acipenser oxyrinchus Atlantic Sturgeon 2012-04-04 E 4-Low Endangered Endangered G3T3 oxyrinchusery Sped ammal 32126 Myotis septentrionalis Northern Long-eared 1994-Post E 5-Very T-4(d) Threatened GIG2 S2 Bat I Low E? 3970 Alligator American Alligator 2018-02-26 E 4-Low Threatened Threatened G5 nnixsissippiensis reticularia ` Similar ` Appearance � Low glomeruliflora "Low' ascu|arPlant 2633O CoraUorhizawistehanaSpring Coral -root 1972'03 Page 2of4 � H3-Mediunn --- Significantly Rare Other ' � ement Occurrences Documented Within a One -mile Radius of the Project Area r Plant 22454 Dichanthelium Hidden -flowered 1906-05-04 H 5-Very --- Significantly G3G4 S2 Low Rare Q ascular Plant 814 Ludwigia alata Winged Seedbox % ,... I I �-I ��w - Significantly G3G5 S2 Rare Peripheral �� 41 lant 10130 L Raven H Y9 4-Low - GTG` 9-15 ascular Plant 4/9 Pol onum glaucum 5 � ,leach Knotw(-cd1978-Pre P _ow — Endangered S1 asCuh , 9 Yloriosa Moundlily Yucca 2002-06-07 E 3-Medium ificahtly G4? s re ," atural Areas Documented Within a One -mile Radius of the Project Area Areas nncumented Within a One -mile Radius of the Project Area ew Hanover government I Government Anitions and an explanation of status designations and codes can be found at httn //ocnhde nat ureserve oro/content/help. Data query generated on January 10, 2019: source: NCNHP, 04 Oct 2C ease resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. S � z 3 LID z � O Z Z +7 Page 3 of 4 NOWDE=7905.:LAMA; Shorn: QCeek- L_I ir'ro)eattiounaary .Managect Area'(MAM:A)� 1 11 r i ITr iBufrered.P.rcipct Boundary, INatufal,Heritage ElenientOccu-rrense (NHEO) NHR'Natural Area (NH") t0 ARTS 0.55, td w.. SwvcN .W N .;;Gomm In�nup,Cwm drw drm : GW. EWJ5 ?PD, NPS NNC1N, GaaBoae 1{aN, KadoW N� O�Iv[o 6urey Ev1,Cpary' bETI Ead CMu rylwg Nagl awh9opo G OpenSowOH?P.mnNbMre�aYl �o�su.a Page 4 of 4 0 December 11, 2018 MEMORANDUM FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soears(cD.ncdenr.aov SUBJECT: CAMA /Dredge & Fill Application Review ROY COOPER 0,v,m,r MICHAEL S. REGAN Secremr) BRAXTON DAVIS D"'10r, DIVI.iIOa ofCoa.Cal Managemenl Applicant: Shinn Creek Estates, HOA Project Location: 6432 Shinn Creek Ln., adjacent to the AIWW, in Wilmington, New Hanover Co. Proposed Project: maintenance of an existing access channel and basin, and excavation of a new channel, and installation of breakwaters Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by January 4, 2019. If you have any questions regarding the proposed project, contact Brooks Surgan at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME IN -, r k G r J l� AGENCY 60 M M X—✓ CA RECEIVED SIGNATURE / DEC 18 2018 DATE f % (� o DCM WILMINGTON, NC State of North Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Dane Est., Wilmington, NC 29405 919 796 7215 M Coordinator: Permit #: L��tl o_v_ lq-os MAILING DISTRIBUTION SHEET 'ermittee:_ Es&ks Agents: DCM Field Offices Elizabeth City Morehead City Washington 'Wilmington US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: (with revised work plan drawings) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Tyler Criunb]py (Brunswick, New Hanover) J Liz Hair (Cafteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick; New Hanover, Onslow, Pender) Renee Gledhill -Earley at Environmental.Review@ncdcr.gov i J Heidi Cox (WIRO) Clif Whitfield (WARD) Shane Staples f David Hams / Shannon Jenkins /.Sharron Gupton Jim Walton /gvlike Mosel; ✓Sheri Montalvo A J Curt Weychert Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs - 401 (Carteret, Onslow, Pender) Ahad Coburn - 401 (Brunswick, New Hanover) d Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program LPO: VIvlaria Dunn (WARD) Rodney Butler (NCDOT) Travis Wilson Fax Distribution: Permittee #: Agent#_ ROY COOPER Governor MICHAELS.REGAN Secretory LINDA CULPEPPER Director NORTH CAROLINA EnvironinewalQu(fty January 13, 2020 DWR # 20181699 New Hanover County CERTIFIED MAIL: 7013 3020 0000 7632 0185 RETURN RECEIPT REQUESTED Shinn Creek Estates HOA ATTN: Ben Stephenson 6433 Shinn Creek Lane Wilmington, NC 28409 Subject: DENIAL of 401 Water Quality Certification Application Shinn Creek Estates Dear Mr. Stephenson, On December 11, 2018, the Division of Water Resources (Division) received your LAMA Major application, requesting a 401 Individual Water Quality Certification from the Division for the subject project. On April 22, 2019 the NC Division of Coastal Management denied your request for the CAMA Major Permit. Therefore, the Division cannot certify that the subject project will comply with Sections 301, 302, 303, 306, and 307 of the federal Clean Water Act. In accordance with 15A NCAC 02H .0507(e), your application for a 401 Individual Water Quality Certification is hereby denied. Once you have addressed all of the items listed in the request for additional information, you may reapply to the Division, including a complete application package and the appropriate fee. The Division's decision can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000.One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 D_EQ�� North Carolina Department or Environmental Quality I Division of Water Rewurces 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 Shinn Creek Estates DWR# 20181699 Denial of Application Page 2 of 2 Please be aware that you have no authorization under Section 401 of the Clean Water Act for this activity and any work done within waters of the State or riparian buffers may be a violation of North Carolina General Statutes and Administrative Code. Please contact Paul Wojoski at 919-707-3631 or Paul.Wojoski@ncdenr.gov if you have any questions or concerns. Sincerely, Linda Culpepper, Director Division of Water Resources cc: Rachel Capita, USACE Wilmington Regulatory Field Office (via email) Todd Bowers, EPA (via email) Gregg Bodnar, NC DCM Robb Mairs, DWR WiRO DWR 401 & Buffer Permitting Unit Filename: 20181699ShinnCreekEstates(New Hanover) 401_Denial RECOMMENDATIONS FOR: Shinn Creek Estates HOA. Inc. December 7, 2018 It is the staffs recommendation that the proposed initial dredge event and the maintenance excavation of the previously excavated basin and access channel appears to be CONSISTENT with 15A NCAC 07H.0208(bXIXA-H). The proposed new dredging of the natural "S" channel appears to be INCONSISTENT with 15A NCAC 07H.0208,(bXlXiv). The project fails to comply with the following rule which states: (I) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all the following criteria: (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel. It is the opinion of this office that the area for the proposed excavation is partially located within an existing channel and basin that has been historically used for docking and navigational purposes. However, the proposed excavation within the natural "S" channel would constitute new dredging within a PNA. This office recommends a denial of the proposed work, unless the project is modified to exclude new excavation of a natural PNA area. RECEIVED DEC 13 -OIj DCm_MHD CITY ROY COOPER Gow mr MICHAEL S. REGAN Secmrary BRAXTON DAVIS Dlrecrw, Division ofCoasml Marmgemem December 11, 2018 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo in New Hanover County: • Rodney Long • Shinn Creek Estates HOA Hello Angie: Please publish the attached Notice in the Friday, December 14, 2018 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Ref: Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance cc: MHC files Courtney Spears - WiRO RECEIVED Liz Hair - USACE DEC 13 Z018 DCM-MHD CITY state of Nosth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 7% 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for development permits in New Hanover County, Areas of Environmental Concern as designated under the LAMA: On November 20 2018, Rodney Long proposed to expand an existing docking facility at 10 Skimmer Rd., adjacent to Banks Channel, Figure 8 Island, in Wilmington; and on November 27, 2018, Shinn Creek Estates HOA, proposed to maintain an access channel and basin, excavate a new channel, and install breakwaters at 6432 Shinn Creek In., adjacent to the AIWW, in Wilmington. Copies of these applications can be examined or copied at the office of Brooks Surgan, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7270) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to January 4, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED DEC 13 20'3 DCM-MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The Shinn Creek Estates Homeowners Association is proposing to maintain their community boat ramp access to the Atlantic Intracoastal Waterway (AIWW) by excavating accumulated sand from a connecting channel between two existing channel dredging projects. Drone footage of the boat ramp and channel areas can be viewed at httys://vimeo.com/297345524/e94bdf472a and https://vimeo.com/298858390/blb6dd00fO. A site location map and work plats are located in Appendix A. Removing the accumulated sediments between these two established dredging areas and creating a uniform -3' mean low water (mlw) throughout will serve to re-establish and maintain a long -used traditional navigable channel to the AIWW for small boats. A linear channel dredging project extends east southeast from the existing community boat ramp approximately 640' and terminates near the north end of a natural 'S' shaped channel curve that then connects with the north end of an approximately 1,275' channel dredging project that connects with the deeper water of the AIWW. The length of the proposed natural channel excavation between the two other dredging projects is approximately 460'. Currently, boating access from the boat ramp to the AIWW is limited due to the accumulated sand in the undredged connecting channel ('S' curve). Former long-time residents have stated that this portion of the channel had been deep enough for small boat traffic at low tide in the past (signed affidavits are included). The current water depths in the 'S' curve are between 0' and -1' mlw. The applicant proposes to excavate to a depth of -3' mlw from the existing -3' mlw contour south of the'S' curve up to the existing boat ramp, a distance of approximately 1,085'. The proposed bottom cut width is 8' with anticipated side slopes developing. The proposed project is in accord with the regulations and intent of the Public Trust Area AEC Specific Use Standards (15A NCAC 07H .0208 (b) (1)] as highlighted below: (D) Widths of excavated canals and channels shall be the minimum required to meet the applicant's needs but not impair water circulation; (E) Boat basin design shall maximize water exchange by having the widest possible opening and the shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland; (F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting waters; (G) Construction of finger canal systems are not allowed. Canals shall be either straight or meandering with no right- angle comers; (H) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may include shoreline stabilization, vegetative stabilization, or setbacks based on soil characteristics; and (1) Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria: (i) The applicant demonstrates and documents that a water -dependent need exists for the excavation; (ii) There exists a previously permitted channel that 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 evidence that the channel was continuously used for a specific purpose; RECEIVED (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b )(1 )(B) of this Rule without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and DEC 13 2018 LAMA Permit Application for Major Development —November 2018 DCM WIEMINGTO Shinn Creek Estates Wilmington, New Hanover County, North Carolina NOV 077 2018 (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel. This Part does not affect restrictions placed on permits issued after March I, 1991. Though not the purpose of the project, it is anticipated that benefits to upstream water quality would occur due to the removal of a significant barrier to circulation associated with the extremely shallow 'S' curve condition. This will result in the elimination of a relatively deeper pocket of water upstream of the 'S' curve and an increased tidal prism and extent of tidal exchange in support of dissolved oxygen levels. The existing 42" culvert located near the boat ramp at the upper end of the channel serves as a primary conduit for tidal flows in and out of a large tidal marsh system to the north. The proposed project would optimize the levels of dissolved oxygen reaching this culvert and into the marsh system beyond. See Appendix D for a Water Quality Sampling Report supporting this conclusion. In order to protect adjacent shellfish bed and coastal wetland resources, the applicant also proposes to install a low freestanding vertical wooden breakwater system along the outer extents of these resources through the 'S' curve where the channel is narrowest. The breakwaters will feature 1" per linear foot of open spacing between boards and be open ended to provide for unimpeded water and faunal movement. The proposed bottom cut width of the excavation is 8' for the entire length of the project with a wider 25'x30' area immediately adjacent to the boat ramp and boat slip area. The estimated volume of material to be excavated is 600 cubic yards. The proposed method of excavation is bucket to barge. The excavated material would then be transported by the barge to an upland disposal site across the AIWW traditionally used by contractors that is outside the Corps right-of-way and is owned by Shore Acres Company. Written permission from Shore Acres Company for the use of this disposal site is attached. RECEIVED DEC 13 2018 DCM-MHD CITY LAMA Permit Application for Major Development —November 2018 D C M WILMIN' GTON, NC Shinn Creek Estates Wilmington, New Hanover County, North Carolina NOV 07 A18 oavEr+, Morrison, Stephen <smorrison@lmgroup.net> Re: Permission to place dredged material on Shinn Creek disposal site 1 message Kdsbn Lee <kdstinlee823@gmail cam> Tue. Oct 16, 2018 at 1036 PM To: "Morrison. Stephen' <smomson@Imgmup. net> Steve, Shore Acres Company gives you approval to use the Shinn Creek disposal island to dump approximately 600 cubic yards of spoil material to be charged at 83.00 per cubic yard. Please keep in mind you will not be the only customer using the spoil island. so this is not an exclusive agreement. If you have any questions, please do not hesitate to contact me at 912-704-3332. Kristin Lee President, Shore Acres Company 407 E. Perry Street Savannah. GA 31401 On Mon, Oct 8. 2018 at 2:11 PM Morrison, Stephen <smonison@Imgroupnet> wrote: Kristin, Thank you for discussing the potential use of your dredge material disposal site of the Shinn Creek Island. We are working with the Shinn Creek Estates NOA in preparing their CAMA permitting application directly across the AIVVW from the disposal site. Their dredging project would generate approximately 600 cubic yams of material to be handled by a bucket -to -barge operation. I would estimate that the permit would take at least three months to be approved as we anticipate tuming in the application this week. No dredger has been contracted at this point, but it is likely the MOA would be talking with Adam Knienm or Tommy VJatlers for their possible services as we discussed. We understand that the charge for disposal on you property is $3.001cmbic yard. As part of our CAMA application materials, we would like to ask for your written permission to use this site. An emaited response would be sufficient . Thanks again for your time today and I look forward to receiving your permission. Steve Mormon I Environmental Consultant Direct. 452-0001 x 19031 Fax 910 452 0060 I Motile910.471 0502 Emal ,M2MjgM®Imaroupnerl Vyabsite www.lmgroup net Land! Management Group I Environmental Consultants 3805 Vvlightsmile Avenue I Suite 15 1 Wilmington, IN . 28403 RECEIVED DEC 13 2018 DCM-MHD CITY DCM WILM NIGTON, NC NOV 0 7 2018 ROY COOPER Governor MICHAEL S. REGAN BRAXTON C. DAVIS Director NORTH CAROLINA Envirmnio I Quarby December 7, 2018 Land Management Group, huc. c/o Greg Finch 3805 Wrightsville Beach Ave., Suite 15 Wilmington, NC 28403 Dear Mr. Finch: The Division of Coastal Management hereby acknowledges that on November 27, 2018 we received your completed application, acting as agent for Shinn Creek Estates HOA, whereby you are requesting State approval for development located adjacent to 6432 Shinn Creek Lane, adjacent to the AIW W, in Wilmington, New Hanover County. The projected deadline for making a decision on your permit application is February 10, 2019 (with the exception of receiving green cards). An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 27, 2018 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a 'Notice of Permit Filing" postcard which must be posted at the property of your proposed development You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An on -site inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, IL Brooks Surgan RECEIVED Field Representative cc: Courtney Spears, DCM-WIL Liz Hair, USACE DEC 1 3 2018 Doug Huggett, DCM-MHC Ben Stephenson, Agent (Shinn Creek Estate§—HC A) Christine Bouffard, LPO Kathryn Thurston, City of Wilmington U MHD CITY waze �FQ North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drtve Extension I Wlinungton North Carolina 28405 910.796.7215 T'l ( 01* 17,A LAMA PERMIT APPLIED FOR ,9 maintain an access channel & . basin, PRO, C :. and fn exGa ate a nellfii n nnnl and incfall to r Y COMMENTS ACCEPTED THROU APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Ben Stephenson NC Div. of Coastal Management 6433 Shinn Creek Lane 127 Cardinalr. lExtension Wilmington, NC 28409 Wilmington, NC 28405 Brooks Surgan, Field Representative 9 Agent: ED Flynn (910) 256-3062 . AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: qc?A. Mailing Address: %o t5-FAJ STr1Rs-msO,-) 6 y33 <SNiaN e�esrr u,✓�%r�rlr G: Phone Number: We — 933 — o / 9 9 Email Address: r6rUS7-V0H1' /Sort Q GMAic . Obe l I certify that I have authorized LA & 1 AuA4&wx-rf 6Rouf Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: 1q C(!'F..CS CH AF/N£L at my property located at EAJ& of SM,t✓A) cry ric LPCv s. , in /VFIvJ HA6JOVUR County. I furthermore certify that 1 am authorized to grant, and do "n fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Information: Print or TLoe Name r ►1 U Mi 1I 3o Imo_ Date This certification is valid through /2 13/ / / I 9 RECEIVED DEC 13 Z018 DCM-MHD CITY DCM WILM NIGTON, NC NOV 07 2018 LMG LAND MANAGEMENT GROUP a OIYEY#- company December 7, 2018 Courtney Spears North Carolina Department of Environmental quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Courtney, See enclosed certified mail delivery receipts for the Bradley Creek Point Road CAMA Major permit application. Please let me know if you have questions or need anything in addition to process this CAMA Major Permit. Sincerely, Elizabeth Freedland Land Management Group Enclosures: As stated RECEIVED DEC 13 2018 DCII4_MHD CITY RECEIVED www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 DCM WILMINGTON, NC 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 07 2018 12/7/2018 USPS.comV - USPS Tracking® Results �� y, )Q IJ•,C�I yY()q�/�/ USPS Tracking® FAQs > (https://www.usps.com/fags/uspstracking-faqs.htm) Track Another Package Tracking Number: 70051820000291358221 Remove X Your item was delivered to an individual at the address at 3:35 pm on November 19, 2018 in WILMINGTON, NC 28409. OV Delivered November 19, 2018 at 3:35 pm Delivered, Left with Individual WILMINGTON, NC 28409 m a Get Updates 0 Text & Email Updates v Tracking History u Product Information See Less /\ v RECEIVED DEC 13 2018 Can't find what you're looking for? DCM-MHD CITY Go to our FAQs section to find answers to your tracking questions. RECEIVED DCM WILMINGTON, NC FAQs (https://www.usps.com/fags/uspstracking-faqs.htm) DEC 07 2018 https:/Amis.usps.mm/gofrrackConfi"Action?tLabels=70051820000291358221 1/2 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space Dermits. Hbtn/IA ,,,AAA H C, REV TRt.1Si E1191. ci:a 69RLEN Qzi Vl� 01Irk1Ue , A'(/ 20,03 9590 9403 IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII5077821071 2. Article Number (iiansfer from service label) 7005 1820 0002 9135 8146 PS Form 3811, April 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: JOSEPH c,il� AIANW K t 411 OW (REEK Nffi Wkiiiiildf5lu iAl 2NIJ3 II I (IIIII IIII III I I I II I II I (IIIII I II I I I I IIIII III 9590 9403 0119 5077 8210 88 2. Article Number (Transfer from service labe0 7005 1820 0002 9135 8153 Ps Form 3811, April 2015 PSN 7530-02-000-9053 A Signature T- 0 Agent X ❑ Addle B. Received by (Printed Nerve) I C. Dole of DON I . \-li Iliy Is delivery address dHfereM Van Heal 17 Yea If YES, enter delivery address below: ❑ No RECEIVED DCM WILMINGTON NC nFC Q 7 '�q,R Jennca gyps ❑ Priority Mail Express® Adult Signature ❑ Registered Mall - It Signature Restricted Delivery ❑ Registered Mail Resonated Certified Mail® Delivery Certified Mail Restricted Delivery lI ❑ Retum Recut for Collect on Delivery Merchandad Collect on Delivery Restricted Delivery ❑ Signature Cc>hfirmatlor m Insured Mall ❑Sgnature CO¢j,frmatlon Inured Mall Restricted Deivery Restricted livery Domestic Return Receipt X �, ❑ Agent r EjAddre B. Received by (Printed Name) I C.Ir ON" D. Is delivery address'different flbm Hem 17 ❑ Yes If YES, enter delivery)"ltOlow: ❑ No DCM WILMINGTON, NC .I7r :Q 7 n�In d. aervlce type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered Mall*e ❑ Adult Signature Restricted Delivery ❑ gegite red Mail Restricted Certified Mail® Deli very rtifled Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collet on Delivery ResMcted Delivery ❑ Signature Confirmation^' ❑ Insured Mal ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt ■ Complete items 1, 2, and 3. A. Signature ■ Print your name and address on the reverse X ❑ Agent so that we can return the card to you. ❑ Addressee B. Roe Herne) �( C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. �)�, 1...QArticle Addressed D. Is delivery ad different from 17 ❑ Yes /tlo: S 'J H YES, enter delivVLb5ow: C3 No 1 f II 11I WI tN J I\. DCM WILMINGTON, NC Wlu�tiN�/,Nv�,�3 DEC 07 2018 3. Service e El Priority Mail IIIIIIIII IIII III I I I II I II I (IIIII I II I I II I I III III ❑ Adult Signature 11 Registered a Sign turreRetd❑ oted Delivery Re gistered MdPReststri Restricted 9590 9403 0119 5077 8210 64 Ified Mi Delivery ifed Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from wmim ftbe0 ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation- 0 Insured Mail ❑ Signature Confirmation 7005 1820 00112 9135 8139 O Insured Mail Restricted Delivery Restricted Delivery (over $500 PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; RECEIVED DLC 13 ) 1'i DCM-MHD CITY 4LMG LAND MANAGEMENT GROUP a DAfEYZ company December 7, 2018 Courtney Spears North Carolina Departn Division of Coastal Mar 127 Cardinal Drive Exte Wilmington, NC 28405 Courtney, ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: See enclosed certified m, �� E 609 p N 6ji2�f SMAf q'FK- iA1Vl; Please let me know if yol. *UWffftW,!4L 280 Sincerely, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII 9590 9402 1614 6053 4435 20 Elizabeth Freedland 7005 1820 0002 9135 8214 Land Management Group PS Form 3811, July 2015 PSN 7530-02-000-9053 Enclosures: As stated ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse _ so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: _ Ift av, �,,\Ln�� OCIA&N �� WIUA ut V, 2,V"tti1 2018 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 pEC 9590 9402 1614 6053 4435 13 I�CM� MNp C\C`� 2. Article Number (nansferfromservlceAlW 7005 1820 0002 9135 8207 PS Form 3811, July 2015 PSN 7630-02-000.9053 0 Agent )1Bf:el ny [Printed Name) C. D of I d� \ �Lv ()�lPi Is delivery address different from Item 1? ❑ Ye; If YES, enter delivery "ft6FWM 0 No DCM WILMINGTON. NC DEC 07 2018 Service Type ❑ Priority Mall Express® Adult Signature ❑ Registered MaP- Adult Signature Restricted Delivery ❑ Registered Mail Restricted Certified Mall® Delivery Certified Mall ResMcted Delivery O Ratum Receipt for collect on Delivery MenMaId Collect on Delivery Restricted Delivery 0 Signature ConfimlaaonTM Insured Mall ❑ Signature Confirmation Irisured Mail Restricted Delivery Restricted Delivery A. X Is daliv If YES, Ot Domestic Return Receipt ❑ Agent u. oervica yy����Jg ❑Aduh SignaMr� ❑ Priority Mail Express® - 28411" Adult Signature Certlfietl Mal® ❑ Registered Mail ❑ Registered Mal Restricted rtified Mall Restrktetl Delivery Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restrictetl Delivery ❑ Signature Confirmation^+ ❑ Insured Mail ❑ SignatureConfirmation ❑ Insured Mall Restricted Delivery Real Delivery Domestic Return R808W t rt�i.crvr=u ' DCM WILMINGTON, NC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 0 7 2018 4LMG LAND MANAGEMENT GROUP a DAVEY1. company 10/8/18 Bill and Jane Henderson 6432 Shinn Creek Lane Wilmington, N.C. 28409 Re: Adjacent riparian landowner notification Dear Bill and Jane Henderson, The Shinn Creek Estates HOA is applying for a CAMA Major Permit to authorize maintenance dredging for restoring and maintaining boating access to the Atlantic Intracoastal Waterway from the existing community boat ramp. As required, we are notifying you as an adjacent riparian landowner with a copy of the application materials. You will have 30 days in which to send any written comments to the Division of Coastal Management at 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 9 10- 452-000 1, or e-mail me at smorrison(almgroup.net Thank you. Sincerely, Steve Morrison Environmental Consultant Encl: Shinn Creek Estates HOA CAMA application materials Cc: Ben Stephenson www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED DEC 13 2018 DC'444HD CITY DCM RECEIVED NC NOV 0 7 2018 4LMG LAND MANAGEMENT GROUP a DAmf.. company 10/8/18 Bradley and Carolyn Johnson 6451 Shinnwood Road Wilmington, N.C. 28409 Re: Adjacent riparian landowner notification Dear Bradley and Carolyn Johnson. The Shinn Creek Estates HOA is applying for a CAMA Major Permit to authorize maintenance dredging for restoring and maintaining boating access to the Atlantic Intracoastal Waterway from the existing community boat ramp. As required, we are notifying you as an adjacent riparian landowner with a copy of the application materials. You will have 30 days in which to send any written comments to the Division of Coastal Management at 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910- 452-0001, or e-mail me at smorrison(Mmaroumnet Thank you. Sincerely, Steve Morrison Environmental Consultant Encl: Shinn Creek Estates HOA CAMA application materials Cc: Ben Stephenson www.imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED DEC 13 2018 DCM-MHD CITY RECEIVED DCM WIUAINGTON, NC NOV 0 7 2018 �LMG LAND MANAGEMENT GROUP a DAVEY11. company 10/8/18 Scott and Linda Petersen 6429 Shinn Creek Lane Wilmington, N.C. 28409 Re: Adjacent riparian landowner notification Dear Scott and Linda Petersen. The Shinn Creek Estates HOA is applying for a CAMA Major Permit to authorize maintenance dredging for restoring and maintaining boating access to the Atlantic Intracoastal Waterway from the existing community boat ramp. As required, we are notifying you as an adjacent riparian landowner with a copy of the application materials. You will have 30 days in which to send any written comments to the Division of Coastal Management at 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845. Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910- 452-0001, or e-mail me at smorrisonAlmgroup.net Thank you. Sincerely, Steve Morrison Environmental Consultant Encl: Shinn Creek Estates EIOA CAMA application materials Cc: Ben Stephenson www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED DEC 13 201B DCWMHD CITY DCM WILM NIGTON, NC NOV 07 2018 4LMG LAND MANAGEMENT GROUP a DAbWf wmPiny November 6th, 2018 TO: Brooks Surgan North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Shinn Creek Estates Brooks, Please fine enclosed CAMA Major permit application, supporting materials, and $400 fee check for the maintenance dredging project located at the end of Shinn Creek Lane in Wilmington, New Hanover County. Adjacent riparian landowner notifications have been sent by certified mail and return receipts will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, RECEIVED 1 DEC 13 2018 Greg Finch DCM-MHD CITY Land Management Group A Davey Company Enclosure: CAMA Major Permit Application and $400 fee check RECEIVED cc: Ben Stephenson DCM WILMINGTON, NC NOV 0.7 2018 www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ROY COOPER Covemcv MICHAEL S. REGAN secremry BRAXTON C. DAVIS Dlrenor Greg Finch c/o Land Management Group Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, North Carolina 28402 NORTH CAROLINA Envkn ntaf Quafity November 26, 2018 RE: CAMA Major Development Permit Application Shinn Creek Lane, Wilmington, in New Hanover County Dear Mr. Finch: The Division of Coastal Management hereby acknowledges receipt of your application on November 11, 2018, acting as agent for Shinn Creek Estates Home Owners Association, for dredging a channel located adjacent Shinn Creek Lane, in the City of Wilmington, New Hanover County. However, your application still lacks the information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this E-mail with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. We suggest a preliminary meeting to review the application and address the deficiencies on the checklist. Please let me know when it will be most convenient for you to come in. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796.7270. Sincerely, Brooks Surgan Field Representative Enclosures cc: Debbie Wilson, DCM Wilmington Doug Huggett, DCM Morehead City Courtney Spears, DCM Wilmington If P E Qj RECEIVED DEC 13 2018 DCM-MHD CITY North Carolina Department of Environmental QwItty I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 CHECKLIST OF ADDITIONAL REQUIRED INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION WORKPLAN DRAWINGS The application states that approximately 600cy of material will be removed initially. Indicate on the drawings where the sediment will be removed from and label with volume and surface area. ADDITIONAL ITEMS Provide riparian neighbor notification certified mail receipts or signed green cards. (RECEIVED DEC 13 W8 OCK"HD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910,796.7215 CAMA Permit Application for Major Development For: Shinn Creek Estates Wilmington, New Hanover County, North Carolina Prepared By: Land Management Group 3805 Wrightsville Avenue RECEIVED Wilmington, North Carolina DEC 13 2018 DCM-MHD CITY November 2018 RECEIVED DCM WILMINGTON, NC } Contents 1. Form DCM-MP-1...................................................................................................................................1 2. Form DCM MP-2...................................................................................................................................5 3. DCM MP-1 Section 6.0 Additional Information.................................................................................... 7 3.1 Section 6. a. Project Narrative...................................................................................................... 7 Appendices Appendix A -Site Location Map and Work Plats Appendix B-Deed, Agent Authorization, Disposal Site Permission and Adjacent Riparian Owner Notifications Appendix C-Historical Aerials and Affidavits Appendix D-Water Quality Sampling Report RECEIVED DEC 13 2018 DCM-MHD CITY LAMA Permit Application for Major Development — November 2018 "Zu ci ° "" Shinn Creek Estates DCM WILMINGTON, NC Wilmington, New Hanover County, North Carolina NOV 0 7 2018 i 060Z 8 1000OCT 12 PM 4t 23 RECORDED Ah3 VEGIF!10 MARY SIZE OOTS P.EGISTEii OF OEEOS f E.clae Tax 0.00 BOOK PAGE 2819 0792 Recording Tune. Book and Pate Tos Lot No. _ .. _. ..... Parcel Identifier No. Part. of. 1106200-004-014-000. _.... Verified by _.. ... .... ._.. _.. County on the _... day of ...... .. ....__.... _..., . _.... by......... ...__.. _.... _. ... ... ._... ... _... . ._....__...... ............. .. _.__.._ _ ........... Nail after recording to .,. .. _...,... ..............._. .._._ _....:... __.,........ ......._...... .. ...... ._....... This instrument was prepared by ..._.. Daniel D. Mahn, Attorney at. Law Brief description for the Index ommon Areas -Shinn Creek Estates NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this .. 14t__. day of _....... September 2000...., by and between GRANTOR GRANTEE BOYCE QUINN, INC., SHINN CREEK ESTATES a North Carolina HOMEOWNERS ASSOCIATION, INC., Corporation a North Carolina Non —Profit Corporation 6432 Shinn Creek Lane Wilmington, NC 28403 Enter le approprlate black for each party: name, address, and, a appropriate, eeaneter of enuty, e., earpo0oa or petnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and eh all include singular, plural, mascuhne, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot at parcel of land situated in the City of ._... ... __ ...........__.., Harnett .. Township. New Hanover County, North Carolina and more particularly described as follows: Being all of that property described in Exhibit A hereto attached and incorporated herein by reference. t RECEIVED DEC 13 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC l lb':DANIELD.nLLUWEO NOV 072018 N. C. an Au,c. F. No.3 0IM aewwd 019]]-rwrau.,aw.n,..Y..a, r ¢ rltaa 65�9382 , BOOK PAGE 2819 0793 The property hereinabove described was acquired by Grantor by Instrument recorded in . Book 1977 at Page 280 and Book 1977 at Page 286 of. the, New_Hanover County Registry.. a . ..._.. _suss._.. _.. .. p ma Ago I lh above deaeNb d o e is r riled in pt, Book 36 a 210 and 211, Plate �oo�C �8, pagge 66 an, Ilia ��oK ri�, Yage lSf. page TO HAVE AND TO fIOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee In fee simple. And the Grantor covenants with the GrRntee, that Grantor is seized of the premises in fee simple, had the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Titleto the properly hereinabove described is subject to the following exceptions! Restrictions, zoning and land use ordinances, easements and rights of way of record. IN wITNaIS tr. NEusair. tee Greater has hereuete ..I his Cane .a. east, or a forestal, he, •e a this Instrument le Y< else" In C. fun.1. .— by Its duty + thodeea •rnNn •nd itstea to se Crescents arfled w authority sl it. Board of lueclon, the day •so rear first Can. dins. _-BOYCE.QUINN I, INC.-.. ..<.I - -------------------....._-........... ..._..__-_.'---suss-._.-._. aEAI f ery me N mat- -------------------- .� tar: _- .--_- ._- .---____.._ Y Bill B. Henderson ---------- ATTEff; ®� T suss .......... ... . ------------ ... .IYCALI ... k0 w¢Cll¢ ...maflry ¢e.p.ram Cast) m I....................................suss.-leEAl.l �Ly AIA) asCC 4'PorATdr•••�/•v No". CAROIANA, suss.—coun•y. �•CJRPORdIE (. C Notary Public of The County and State aforesaid, cattily mx___ ........._._..__-_______________ �f SEAL :-------------------- ---------- .................................. """"'___'_"-'-------------- orsnlr. as Tfrwtuny epwrtl before are lit. d.y .red afaoswlyd(ed u. cascade. ay Ina (O<e{dn( Ia{IYMPa co.... my a � .. ♦. j W mad sad dnmin •temp or "al. tut. _______ ails o(......................................... .suss. ' Cry commission ..Ill.:___ Ncter, Public __ N w___N__a_n__o_v_e_r Co.ntr- <,r u�,'AidETAY�•.. •r NORTH CAROLINA. % __ `y t% and State aforesaid, tariff, on, J }tan Sweene Henderson '', atl • .:.'N7`•.;, A'. ;<> 1.. xwa.r Public or by cwau ... :.�_.__....._._.X.___._ , perawanr was. mr•en w this a+r .Pd manewla(ea tall __S he it __. _._._..._-_.. _ xtoeterr a rt BOYCE_ QU1NNr..INC......... ................... A North Catalina fo. wnufn, and that by aan•rlq ally ia; ( n .rut w an. art of cam eerwrulen, tee fore(oI., mcemen., war owed In Il name ar a. ___ Iva _._.________ £ :Q.i'U3LtC• a' : , i nreldml. stood wlb It. tle"um, fed .ad •urele by .... .. 11. ........................... derceterr. S'•. r. ➢-'.� 11?h O tl, •• ��' 'y~. MNaeq ay mad area sxlfll dt•lp N 4 � ]. :i .. .� .sass. C`J ;• _ _ _- -tentber _�._. seal, b ar q ,,. ?P.. a "' ••.ar••e••. av <emmftam. ewo-..:._.1QL16/ZQQQ__._____._ �_ _____________ N.teor Public They (orc(.In, Celtffl+lo.) at --- _. Nhre, efdDt" to be caffecl. This Instrument ,W ON efrlNle.te a'. duly p{INered .l the Cut. ad lime and I. b. such wa Fear.{� a.{Y� first w{a n..for. u 1 ..---- _...HdrY Sue_9eG;a_. New Hanover COUNTY --Si'e--fit a--'/j _ REDISTRR OF DEEDS FOR __ b .............. ��Y ------------ Eaton, AsfNWY-Rgllr W nna. DCAq-MHD 0CM WILMINIGTON. NC N.C.a.f Auof.Fu,mNo,rtoI". Rereedo rerl- a000ama..r,.ve. me ref. urns, src raft; NOV 0 7 BOOK PACE 2819 0794 Exhibit A Tract 1: Being all of Lot 6, SHINN CREEK ESTATES, as shown on that map recorded in Map Book 39 at Page 381 of the New Hanover County Registry, reference to which map is hereby made for a more particular description. Tract 2: Being all of the Common Areas, Utility Easements, Drainage Easements, and Buffer Easements as shown on that map of SHINN CREEK ESTATES recorded in Map Book 36 at Pages 210 and 211, as said Common Areas and Easements are revised on that map recorded in Map Book 38 at Page 66, as the same are further revised in Map Book 39 at Page 381 of the New Hanover County Registry, reference to which maps is hereby made for a more particular description. RECEIVED DEC 13 7018 DCM_MHD CITY RECEIVED DCM WILMINGTON. NC NOV 07 2018 Appendix C-Historical Aerials and Affidavits RECEIVED DEC 13 2o18 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC NOV 07 2018 0 2016 County GIS aerial November 20. 2017 1:1,191 Roads : Cemeteries 0 0.0075 0.015 0.03 mi ■ Addresses Ej City Limits 0 0.01 0.02 RECEIVED 0.04 km Schools Lj Parcels RECEIVED DCM WILMINGTON, NC DEC 13 2018 ♦ Landmarks New Hanover Carly, NC NOV 0 7 2018 Parks DCM-MHD CITY GIS Savicm S '; �4• htnn Gre ggrane,Guiverr Y � 4U �1 Project Site 1 Shinnw�tfiad,Culvert#7. le, ii Google Earth L F r RECEIVED DEC 13 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC ti L RECEIVED DEC 1 3 2018 DCM-MHD CITY W N RECEIVED DCM WILMINGTON, NC `ru IF 7•� L of 0 0 c- LL co Lij w RECEIVED DEC 13 ?018 DCM-MHD C17'y RECEIVED DCM WILMINGTON, NC PiLN Q 7 2018 L RECEIVED DEC 13 2018 i DCM-MHD CITY C6 W Di RECEIVED DCM WILMINGTON, NC O O NOV 0.7 2018 u % v a Google Earth feet 1000 meters 400 v c� n o m rm n n 3m = M G)< v 00 0 _� v z y � C� 212 /3 Ind I , -19 LAM, I Historical Narrative The original permit for dredging purposes was first obtained in 1982 by Mr. Joseph M. Rogers the Property owner for a 670' straight channel at Y depth mean low water. Dredge maintenance has been performed on our main straight channel since this time period with the most recent maintenance being performed in 2014. Additional dredging/permitting was not needed past the permitted channel by Mr. Rogers since the channel led to deeper waters which then led to the AICW. (Reference Affidavits from Alvin Rodgers - son of Joseph Rogers and Thomas Canady - lifelong resident). These waters were referred to as the 'Old Main Channel' for Shinn Creek and were used by recreational boats as well as commercial. There were no depth issues at low tide for recreational boats historically. In the mid '90's the Property was purchased from Mr. Rogers by Bill Henderson to be developed as Shinn Creek Estates. Two major hurricanes occurred in the mid to late'90's that greatly impacted the access channel from Shinn Creek Estates to the AICW (Hurricanes Fran ('96) and Floyd (99)). In addition, regular dredging that was taking place on each side of Shinn Creek Estates water access likely contributed to additional silting (Turtle Creek, Inlet View and AICW). Shinn Creek Estates is a neighborhood consisting of 36 homes. The Shinn Creek dock is a day dock that includes a boat ramp and 3 boat slips. There are approximately 7 boaters in the neighborhood who use the dock/ramp and access waterway. The average boat size is 19'. RECEIVED DEC 13 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC NOV 07 2018 ALVIN D. ROGERS AFFIDAVIT 1. My name is Alvin Rogers. I am the son of the late Joseph M. Rogers and Lucille H. Rogers and am a life-long resident of Wilmington NC. 2. I grew up on the property ('Property) that is now Shinn Creek Estates. My parents bought the Property when I was 10. The Property was on the "Old Main Channel" ("Channel') that runs along the western edge of Greenville Sound. A primary reason my parents bought the Property was because our family loved to fish and go clamming in the Channel, Greenville Sound, Shinn Creek, the Atlantic Intracoastal Waterway (AICW), and Masonboro Inlet. My father had a 20' long recreational boat that we used to go fishing and to enjoy the area. We would drag a 50 ft shrimp net from the boat. Boaters and fishermen often fished and clammed the area. 3. I moved to the Property with my parents when they purchased it in the mid-1960's. See the deeds at DB 781, Page 781; DB 824, Page 772; and DB 1754, Page 627, which describe the Property as being shown on a 1953 map recorded at MB 5, Page 90, which is attached as Exhibit A. The map shows that the Property is on the "Old Main Channel", which was a navigable natural channel that ran along the western edge of the Greenville Sound and marsh. The Channel was deep enough for low tide access by recreational boats and some commercial clamming vessels. 4. The map also shows an historical drainage ditch that leads from the upland portions of the Property to the navigable Channel, and to the marsh of Greenville Sound just east of the Channel. My father in the 1960s dredged the ditch, which created (a) a boat basin where his 20' recreational boat could be launched, and (b) a canal leading from the basin to the Channel. This dredged basin and canal was deep and wide was enough to allow our family boat at low tide to gain access to the Channel and beyond. My father obtained permits in the 1980's to maintain the basin and canal. 5. To get to the Channel, we would ride our boat from the launch area on up the canal, which led directly to the Channel. Once at the end of the canal, we would turn right onto the Channel toward the south. The Channel there was sufficiently deep at low tide, which allowed us to go directly from there to the AICW. 6. Today, the south part of the Channel is what is called the "S-curve". The Channel continues southward from the S-curve, on past the properties located on the southernmost section of the Channel, including the Rullman property at the end of Shinnwood Road. This part of the Channel began to shoal by the 1990's, so that it was passable only during higher tides. The Shinn Point developer has dredged the portion of the Channel south of the S-curve. 7. At mid to high tide, we could turn left from the end of the canal onto the Channel, heading towards the north. Over time, this part of the Channel shoaled in and is now virtually impassable. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK Sw n scribed before me, this t o 17 Signed: < Printed Name: . Notary Public My commission expires: 5 - 2 ,� -a Ca Q Alvin D. Rogers KATHRYN B ANSLEY Notary Public, North Carolina DFDEC 4 3 2018 Brunswick County My Commission Expires May 22. 2020 PrmsI+Iot" RECEIVED DCM WILMINGTON, NC NOV 0 7 2018 - w }} LU >LU o ff t mef O� c LU Luc rmda,: 41 Y Q • M • R !..«e Muowr $ 4. p a •�s \awe .'S'< /+ i// �/ //� I �Poiney Ey o �'� f WN. S. 5 LA-r & G., P. / t i ON GRtC'N V I LLE' SOUND aoM1+/� J'•r t� ., 5 Uft vC-Y e�b ?LB ALRE.S J`-fAT. /9J3 ^ Nb.Tn Ci1Re111no✓lrt CffAQL EJ ii. r «^'1!✓:0 �troonar/y o�p Cored b4fere se CFa / s H. f erd i, t. ` ' V L/ V ' ^tM GAeOline-x1f+n•n. 1xi+ wha barrsg a fo All am 9ayrf Al., reap I it✓e /'/•. / ., �► ,� + W/L MINBTO M. NG• and Carror/ to the brsf o his know/age and � f ti. In.M In/f rlllull .i// i�,i�nl ^ r "M1■ //M.-e 200iL be//ef and rs /he rrsr,// n eciva/ s�rvoy '.o tl ,f s.y� Iy�J rdlGa N madc by hrrn. Magn.fic (tea riohon. J' u'W. ' amtlal i!� �•+ d L.f /hrs ins/rvroen! and cer/rfico/a be recordrd., � Vtl - � y` 77ria�`�da.�L.of Ocfobfr /9TJ � Q' - x I„ ,. ..,1. ,�.+EaX. Q. fin•+nuns 1� ! ( - er e�upenorCourf. THOMAS CANADY AFFIDAVIT 1. My name is Thomas ("Tom") Canady. Born in Wilmington NC, I am a Baptist Minister and am now 73 years old. Since 1845, my Canady family ancestors have owned property in the Shinn Creek area located between Greenville Loop Road and the waters of Greenville Sound, which are just west of Masonboro Inlet and the Atlantic Intracoastal Waterway ("AICW D. I was reared in that area, and now reside there at 6309 Shinnwood Road. The property owned by my ancestors included the residential development named Shinn Creek Estates (the `Property"). 2. The Property extends to the "Old Main Channel" ("Channel"), which runs along the western edge of Greenville Sound. A 1953 plat recorded at Map Book 5, Page 90 and attached as Exhibit A shows the Property area and the Channel. As shown on the map, the Channel was a navigable natural channel that ran along the western edge of the Greenville Sound and marsh. The Channel was deep enough for low tide access by smaller private boats. One could navigate the Channel at low tide in a recreational boat and from there get to Greenville Sound, Shinn Creek, the Atlantic Intracoastal Waterway (AICW), and Masonboro Inlet. 3. Long before residential subdivisions were formed and developed the area during the latter decades of 20th Century, the waters at the edge of the Property were fished and clammed primarily by area residents. Some sold their catches to nearby crab houses that did a lot of business selling crabs and other seafood obtained from those waters and elsewhere. Area residents went down a number of access roads leading from Greenville Loop Road to the water's edge. From there, they would access their boats and then navigate to the Channel. They could then boat there and fish and clam in Shinn Creek, Greenville Sound and adjacent waters. Recreational boaters and fisherman from elsewhere would also enter the area waters from the AICW by way of the Channel. 4. The Channel can be reached from the end of a canal. Once at the Channel, one could turn southward to the right, or turn left to the north. I understand that the first part of the Channel where one turns right to the south is today called the "S-curve". The Channel continues southward from the S-curve, on past the properties located on the southernmost section of the Channel, including the Rullman property at the end of Shinnwood Road. This part of the Channel began to shoal by the 1990's, so that it was passable only during higher tides. The Shinn Point developer has dredged the portion of the �h�el south of the FIcurve. (�CrPL44Sfc Thomas Canady STATE OF NORTH CAROLINA COUNTY OF New liQ,Ko-aa.0 Sworn and subscribed before me, this theeda r of ,, 201,� T. KINCER Signed:A..:..J .9. C"` blic, North Carolina Printed Name:M;gLA;wE T. (�rw/cev =DIANNE Hanover County Notary Public mmission Expires My commission expires: S p ay 02, 2022 RECEIVED DEC 13 2018 RECEIVED DCM WILMINGTON, NC NOV 07 2018 DCM-MHD CITY I. U o H o N 7 .. I° LU o ° .. 4T' • Z lr ' yJr �M Q t' � y L1 • ye L4L`//' rp \•may T n' n �nn� • �P, mane /;•annnr !� � Q J J rC ii /�' N, /!,/• \ VV' u-Ile �e M l�� U 6s Ir1L0 >trY IPh• r J Ory GREe•N V I LLE 50UMD Su/eVo-YErb 21.8 ACRES 0 Sfoi. /9i3 + Naa r,/Cwn ,rcNcwN+.+ ew Co�•vrr /ih/f 9 IV jlll bon JJJ /,Pen rd Fsfo . me Lhar/e> // fnord LN.+RL E.! H. fBnRO V < ••:+IH GARUUhA. Hih h+n. I. �hn /✓/io Gunq du/y !norn nys, %ds mop W,L M,NBTO H• N.L. /o J/,e Fr>d /.. hnow/<yr V �.. 11.,+1 Inl tnplm.11lnn nl P/ .ul nl and co rrcd n! •>^d v e the n� `S �n /M. a ZOO PI. hE//cf /s r<s,//! n„ nc Jvn/ s.•rwvJ „ •[� IY -1 6._ J• :••jlGo 41 mode Fy h.m, 5' h •«�:°,.<:., �,..+ e I<r rha ,nelrvmEnl O,,I E<r�,firn/9 hf r<(Or.JIJ:, \• W � : / 6u c/wr'A n Ju Criar LobrL '' Appendix D-Water Quality Sampling Report RECEIVED DEC 13 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON. NC Water Quality Monitoring Report For: Shinn Creek Estates Wilmington, New Hanover County, North Carolina Prepared By: Land Management Group 3805 Wrightsville Avenue Wilmington, North Carolina October 2018 RECEIVED DEC 13 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON. NC Contents 1. Introduction..........................................................................................................................................1 2. Sampling Stations..................................................................................................................................1 3. Methodology.........................................................................................................................................1 4. Results...................................................................................................................................................2 4.1 Water Temperature......................................................................................................................2 4.2 Salinity...........................................................................................................................................2 4.3 Specific Conductivity.....................................................................................................................4 4.4 Dissolved Oxygen..........................................................................................................................4 4.5 Rainfall..........................................................................................................................................6 5. Summary ...............................................................................................................................................6 Tables Table 1. Water Quality Sampling Results.....................................................................................................3 Figures Figure 1. Location of Sampling Stations........................................................................................................2 Figure 2. Temperature (°C) by Station.........................................................................................................3 Figure 3. Salinity (ppt) by Station.................................................................................................................4 Figure 4. Dissolved Oxygen (mg/L) by Station ID..........................................................................................5 Figure 5. Temperature and Dissolved Oxygen (mg/L) by Station ID (excluding reference) .........................5 Figure 6. Dissolved Oxygen (mg/L) and Salinity (ppt) by Station ID (excluding reference)..........................5 Figure7. 30-Day Antecedent Rainfall..........................................................................................................6 RECEIVED DEC 13 2018 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC NOV 0, 7 2018 Water Quality Monitoring Report — September 2019 Shinn Creek Estates Wilmington, New Hanover County, North Carolina 1. Introduction Land Management Group has contracted with Shinn Creek Estates Homeowners Association (HOA) to obtain surface water samples as part of an assessment of dissolved oxygen (DO) levels within a navigation channel extending from the Shinn Creek Estates neighborhood boat ramp to the Atlantic Intracoastal Waterway (AIWW). Data collected during this sampling period will be utilized to develop a better understanding of DO levels within the channel relative to existing physical conditions and tidal exchange. The Shinn Creek Estates water quality assessment incorporates eight (8) discrete sampling locations located on a gradient from the open water of the AIWW to the head of the small boat canal. This report summarizes the DO data obtained during the one-time sampling event. 2. Sampling Stations The Shinn Creek Estates project is located immediately west of the AIWW and within a small navigation channel connecting the boat ramp of the Shinn Creek Estates neighborhood to the AIWW. The waterbody is an unnamed tributary of the AIWW located within the Lower Cape Fear River Basin (Hydrologic Unit Code 03030005). Water flow is principally directed by semidiurnal tides in the area, with the mean tidal range of approximately 4.48 ft at Masonboro Inlet (NOAA). The water depth in the footprint of the proposed project ranges from 0 ft MLW to -5.0 ft MLW. Physiochemical parameters (including salinity and dissolved oxygen) are affected by freshwater inflow, temperature, Biological Oxygen Demand (BOD), tides, and wind forces. The channel is classified as SA Waters that are directly contiguous with High Quality Water (HQW) of the AIWW. Surface water samples were collected at a total of eight stations. Seven of the stations were located along a gradient from upstream to downstream along the access channel to the Shinn Creek Estates neighborhood boat ramp (beginning upstream of a 42" culvert (SC1) immediately north-northeast of the ramp) and extending south and east to the AIWW (SC7). An additional, reference station was sampled in the adjacent Shinn Point boat channel (next to that boat ramp) located just to the south of the project area. This channel exhibits similar configuration and geometry with the exception that it is regularly maintained via periodic dredging. All station locations are depicted in Figure 1 below. 3. Methodology Surface water quality samples were collected during the late afternoon of August 14, 2018 (coinciding with low tide) Physiochemical water quality measurements (including water temperature, dissolved oxygen, salinity, and specific conductivity) were collected in situ at each station using a YSI Model 85 multiparameter water quality probe. The YSI 85 was field calibrated directly prior to sampling. Table 1 provides Station ID nomenclature for each sampling point. Replicate sample readings (identified with "a" and "b" tags) were collected for all but two locations (SC4 and SC5). In locations of sufficient water depths to warrant a surface sample and bottom sample, two replicate readings were collected at the surface ("a" and "b") and two replicate readings ("c" and "d") were collected near the bottom of the water column. Meteorological conditions (including, air temperature, wind speed and wind direction) were recorded in situ. Daily antecedent precipitation data was downloaded from the KILM weather station using the North Carolina State Climate Office database (NC CRONOS). DCM WILM NIGTON, NC RECEIVED NOV 07 2018 Z018 Water Quality Monitoring Report — October 2018 Shinn Creek Estates DCM-MHD CITY Wilmington, New Hanover County, North Carolina 1 Figure 1. Location of Sampling Stations 4. Results 4.1 Water Temperature Water temperatures on the date of the sampling ranged from 28.96'C to 32.28°C (X = 29.85°C). Temperature data were narrowly distributed with no observed pattern or correlation between sites (Table 1) (Figure 2). 4.2 Salinity Given its proximity to Masonboro Inlet, the sampling area consists of waters generally characterized as euhaline (i.e. marine/oceanic waters) near the AIWW to polyhaline (i.e. estuarine waters) in the upper reaches of the channel. Temporal and spatial variation in salinity levels can occur as a result of freshwater inflows from up -gradient sources (particularly after larger precipitation events). At the time of sampling, salinity values ranged between 26.46 ppt and 32.01 ppt (X = 29.85 ppt) (Table 1). As was expected, a strong spatial correlation was observed between stations with salinity lowest at the up -gradient station and highest at the AIW W station (R' = 0.8925) (Figure 3). DCM WECD ILM NIGTON, NC RECEIVED NOV 0.7 2018 DEC 13 2018 Water Quality Monitoring Report —October 2018 Shinn Creek Estates DCM-MHD CITY Wilmington, New Hanover County, North Carolina Table 1. Water Quality Sampling Results Station Date Time Temp (�C) DO Saturation N DO (mg/L) Specific Conductivity m5/cm Conductivity m5/cm Salinity (ppi) SCla 8/14/2018 16:52 31.71 53.2 3.38 41.55 46.88 26.46 SClb 8/14/2018 16:53 31.73 50.0 3.18 41.93 47.32 26.73 SC2a 8/14/2018 16:45 31.86 72.7 4.59 42.52 48.09 27.14 SC2b 8/14/2018 16:45 31.88 71.9 4.54 42.52 48.11 27.14 SC2c 8/14/2018 16:47 31.69 74.4 4.65 46.26 52.17 29.83 SC2d 8/14/2018 16:48 31.70 73.7 4.60 46.25 52.17 29.82 SC3a 8/14/2018 16:11 32.15 90.4 5.61 46.04 52.33 29.66 SC3b 8/14/2018 16:11 32.15 89.5 5.55 46.13 52.43 29.72 SC4 8/14/2018 16:15 32.28 100.1 6.20 46.07 52.48 29.68 SC5 8/14/2018 16:19 31.79 104.0 6.44 48.07 54.30 31.14 SC6a 8/14/2018 16:25 31.59 107.5 6.67 48.25 54.32 31.27 SC6b 8/14/2018 16:26 31.6 106.0 6.58 48.23 54.32 31.27 SC7a 8/14/2018 16:29 29.94 111.5 7.08 49.04 53.67 31.91 SC7b 8/14/2018 16:30 29.91 109.4 6.96 48.90 53.48 31.80 SC7c 8/14/2018 16:31 28.97 111.8 7.21 49.14 52.87 32.01 SC7d 8/14/2018 16:32 28.96 110.8 7.15 49.13 52.84 32.00 SWRa 8/14/2018 17:08 30.04 105.5 6.73 47.46 52.02 30.75 SWRb 8/14/2018 17:08 30.02 106.1 6.76 47.78 52.36 30.99 SWRc 8/14/2018 17:10 29.84 101.7 6.49 48.30 52.77 31.37 SWRd 8/14/2018 17:10 1 29.9 1 99.9 6.37 48.31 52.82 31.37 Values shaded gray indicate stations exhibiting DO levels below 5.0 mg/L. Temperature (°C) by Station 32.5 32 _ 31.5 31 a 30.5 30 y 29.5 29 F 28.5 28 2727 .5 ry y qq ✓uf N N Vui N yVj yVj N N N N N i% �u/1 H N 3 3 3 3 N N N N Station ID DCM H RECEIVED Figure 2. Temperature (°C) by Station GTON, NC RECEIVED 0 7 2018 Water Quality Monitoring Report - October 2018 BEG 1 Shinn Creek Estates Wilmington, New Hanover County, North Carolina DC"HD CITY 3 35.00 30.00 25.00 n a 20.00 L c 15.00 10.00 5.00 0.00 Salinty (ppt) by Station m a M a u V V V V V U U V V V1 V1 U V V V V V ✓1 N N N H N Jf N N N� N '� N N N� N Station ID Figure 3. Salinity (ppt) by Station 4.3 Specific Conductivity Conductivity is a measurement of the dissolved ionic compounds, and as such, increases with increasing salinity. Uncharacteristic elevations in conductivity measurements can often reflect point source pollution, such as industrial or municipal wastewater. Results from the August 2018 sampling event yielded conductivity measurements characteristic of coastal systems and displaying similar spatial correlation between sites as that of salinity. 4.4 Dissolved Oxygen The dissolved oxygen (DO) levels during the August 2018 sampling ranged from 3.18 mg/L to 7.21 mg/L (Table 1). The North Carolina Water Quality Standard for surface waters is not less than a daily average of 5.0 mg/I with a minimum instantaneous value of not less than 4.0 mg/I. DO levels less than 5.0 mg/L were observed at three of the eight stations. Dissolved oxygen concentrations are influenced by both temperature and salinity (solubility of oxygen decreases with increases in temperature and salinity). The purpose of this monitoring event was to identify any spatial patterns in DO concentrations rather than temporal or seasonal differences. A strong correlation was observed between stations with the highest DO levels occurring within the AIWW and the lowest levels occurring at the up -gradient sites (RZ = 0.9307). Note that the reference sample (SWR) (located within a nearby channel of similar configuration) exhibited relatively high DO at the time of sampling. The location of this sampling station is of similar distance from the AIWW as SC3 but exhibits significantly higher DO. Additional charts (Figure 4, Figure 5 and Figure 6) below graphically display DO concentrations, temperature, and salinity by station (excluding the reference station). DCM WILM NIGTON, NC NOV 0, 7 2018 RECEIVED Water Quality Monitoring Report — October 2018 Shinn Creek Estates Wilmington, New Hanover County, North Carolina DCM-MHD CITY 4 33 _ 32 � }t m 30 E 2G ~ 28 27 DO (mg/L) by Station a � 2 E 6 c m 5 X 4 U Station ID Figure 4. Dissolved Oxygen (mg/L) by Station ID Temperature and Dissolved Oxygen by Station W =0.9307 Station ID 'oi 1 - OG 119/1-I _..... L.rIx (uo Img/LI) 9 Figure 5. Temperature and Dissolved Oxygen (mg/L) by Station ID (excluding reference) 9 1 8 E2 c 6 v m 5 O 4 a 3 a a 2 pp 1 0 Dissolved Oxygen and Salinity by Station 4>4:11 -'a" I& I'& +t +t SLR 5ttOv Stye SLR St^` 41*16 Station ID �Salinity(ppt) �DC(nrg/L) 35.OD 30.00 25.00 n 20.00 n 15.00 c 10.00 '^ 5.00 0,00 . Linear(DO (mg/U) Figure 6. Dissolved Oxygen (mg/L) and Salinity (ppt) by Station ID (excluding reference) RECEiVED DCM W✓LMINGTON, NC RECEIVED NOV 072018 Water Quality Monitoring Report — October 2018 1 3 ZD�g Shinn Creek Estates pEC Wilmington, New Hanover County, North Carolina DCM- MIiD CITY 5 Ms. Rainfall and associated freshwater inflow can influence water quality data. As a result, daily precipitation data was downloaded from the NC CRONOS website for the New Hanover County Airport Weather Station (KILM). Precipitation for the 30-day antecedent period is graphically depicted below (Figure 7). A 0.5-inch rain event occurred the day before sampling. In the seven days prior to sampling, approximately 0.75 inches of rain were reported at the KILM station. 30-Day Antecedent Rainfall 3.5 3 z 2.5 z O 2 F 4 �- 1.5 6 u 1 6 O O, OJ •i OJ 'i 00 'i OG rl O] rl OJ rl 00 00 0p e4 '4 'i W 00 00 00 rl '1 rl rl W rl W rl OJ rl O N O N O N O N O N O N O O O N N N O O O O N N N N O N O N O N \ < \ ,O \ 00 \ O \ N \ C \ \ \ �D 00 O \ \ \ \ rl rtf Vf I� \ O� \ rl \ t�1 DATE Figure 7. 30-Day Antecedent Rainfall S. Summary This report summarizes the quantitative results obtained during the August 14 sampling of waters within a small boat canal leading to/from the Shinn Creek Estates neighborhood boat ramp. While limited in scope, the assessment can provide insight on spatial correlation of certain water quality parameters (particularly dissolved oxygen concentrations). In controlling for temperature and temporal variability, spatial correlations (if present) can be more readily identified. Based upon observed data, there was a strong correlation between station and dissolved oxygen as evidenced by low DO levels in the upper reaches of the canal and relatively high DO levels in stations located closer to the waterway. As anticipated, salinity exhibited the same pattern as freshwater inflows up -gradient contribute to lower salinity levels. Such a pattern, however, further highlights the strong correlation of DO levels relative to station location given that solubility of oxygen decreases with increases in salinity. As a result, the correlation can be attributed to physical mixing and aeration of surface waters resulting from tidal exchange. The upper reaches of the channel are more restricted thus limiting the tidal prism and extent of tidal exchange at upstream sites. As a result, DO levels likely remain suppressed particularly during summer months. Increasing the tidal prism and the extent of tidal exchange would likely result in a corresponding benefit to DO levels within the upper reaches of the channel. DCM WILM NGTON, NC RECEIVED NOV 0 7 2018 DEC 13 2018 Water Quality Monitoring Report — October 2018 Shinn Creek Estates DCM-WIHD CITY Wilmington, New Hanover County, North Carolina 11 Product Sale Final Description Qty Price rr 0 ru ul M n- ru 0 0 0 0 ru m rq Ln 0 0 r U.S. Postal Service,, 21 - CERTIFIED (Domestic Mail Only; MAIL„, No Insura.ree RECEIF r..,.e.... r y ,o,ormauon visit our website at r:..w.e5p. com ;tit t aPft ru M O certified Foe O (Endorsement Required) ired) IL � Restrserr Mary Reree (Entlorsemem Required) r9 $2. C3 Total Postage & Fees C3 M1 o p„u EJRkE HE► 7,. v$p3 4 jj CERTIFIED MAIL,,., RECEIPT Ad (Domestic Mail Only; No Insurance Coverage Provides m WI`*"Fm`F 16419A $ of FgC�P or Poaue 6 `� `; 040 ru Cl o Ce tlfled Fee Retlun Receipt Fee (ErMorsemem Required) fOl.l RosMpad Oelhgry Fee v ra (Entlorsemerd Required) r9 $2. Total Poawga & rreeaLn O t 10 t.4!NPfE... -- --- -- first -Class 1 $0.50 Mail Letter (Domestic) (WILMINGTON, NC 28409) (Weight:0 Lb 0.70 Oz) (Estimated Delivery Date) (Thursday 11/08/2018) Certified 1 $3.45 (@@USPS Certified Mail A) (70051820000291358108) Return 1 $2.75 Receipt (@@USPS Return Receipt N) (9590940301195077821095) First -Class 1 $0.50 Mail Letter (Domestic) (WILMINGTON, NC 28409) (Weight:0 Lb 0.70 Oz) (Estimated Delivery Date) (Thursday 11/08/2016) Certified 1 $3.45 (OOUSPS Certified Mail H) (70051820000291358115) Return 1 $2.75 Receipt (@@USPS Return Receipt in (9590940216146053443445) first Class 1 $2.26 Mail Large Envelope (Domestic) (WILMINGTON, NC 28409) (Weight:0 Lb 6.50 Oz) (Estimated Delivery Date) (Thursday 11/08/2018) Certified 1 $3.45 (MUSPS Certified Mail A) (70051820000291358214) Return 1 $2.75 \ Receipt (O@USPS Return Receipt 8) (9590940216146053443520) First -Class 1 $2.26 ail Large Envelope (Domestic) (WILMINGTON. NC 28409) (Weight:0 Lb 6.50 Oz) (Estimated Delivery Date) (Thursday 11/08/2018) Certified 1 $3.45 (NUSPS Certified Mail 8) (70051820000291358221) Return 1 $2.75 Receipt (O@USPS Return Receipt p) (9590940216146053443506) U First -Class 1 $2.26 Z Mail z Large Envelope (Domestic) (WILMINGTON, NC 28409) w Z (Weight:0 Lb 6.50 Oz) W � (Estimated Delivery Date) (Thursday 11/08/2018) x Certified 1 $3.45 U (0@USPS Certified Mail N) o (70051820000291358207) Return 1 $2.75 Receipt (@@USPS Return Receipt k) (9590940216146053443513) PM 2-Day 1 $6.70 %Vlat Rate Env C+ (Domestic) (CHARLESTON, SC 29403) (Flat Rate) (Expected Delivery Date) 4LMG LAND MANAGEMENT GROUP a DAREA company 4/10/19 Doug Huggett 400 Commerce Avenue Morehead City, N.C. 28557 Mac A6 Re: Revisions to CAMA application, Shinn Creek Estates HOA, New Hanover County Dear Doug, On behalf of the Shinn Creek Estates HOA, we are revising items contained within their CAMA permit application. These revisions were made in response to agency comments received during the application review process. The revised items are: Removal of the proposed breakwaters within the "S curve" channel, eliminating potential structural wave scouring impacts. The addition of channel markers to guide boaters through the deeper water, avoiding the adjacent shallower soft bottom habitat. The placement of oyster shells for oyster spat attachment and growth on suitable intertidal bottom totaling 4,895 square feet. This will enhance the valuable shell bottom habitat, reduce the potential for erosion and provide for a natural transition of intertidal habitats. In addition, any existing oysters within 9' of the proposed -3' MLW cut will be relocated to adjacent suitable substrate. I have attached an updated set of Sheets 1-7 that detail these revisions. Please contact me with any questions that you may have. Thank you for your assistance. Sincerely, RECEIVED Steve Morrison APR 1 0 2019 Environmental Consultant DCM WILMINGTpN, NQ www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Encl: Sheets 1-7 Cc: Courtney Spears Liz Hair Curt Weychert Fritz Rohde Chad Coburn Shinn Creek Estates HOA RECEIVED APR 10 2019 DCM WILMINGTON, NC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 SHINN CREEK ESTATES BOAT RAMP AND DOCK PROFILE 1 25' X 30' BOAT BASIN (-3 MLW) CONNECTS TO EXISTING MAINTAINED EL _ r4£ 8' WIDE BY 1,083' LONG ACCESS CHANNEL (-3 MLW) Y CONNECTS TO EXISTING MAINTAINED CHANNEL PROPOSED OYSTER BEDS EXISTING OYSTER BEDS MAINTENANCE DREDGING BOUNDARY i MARSH EDGE ' ® `ceee( � .6nn Cdcl' s pnnee� � / ;en 6cee L_. d cncc;/ / :cc e/nccc neee / ;nnc ecee .nne � ;neeennen. a -' r � 'neecvenn � eeeeNv� fee ee, 0 0- CHANNEL MARKER (TYP) — PROFILE 2 PROPOSED OYSTER BEDS r 1.083' LONG ACCESS CHANNEL (-3 MLW) ii5 TO EXISTING MAINTAINED CHANNEL E DREDGING i�'W "" N DF toi . (e enee a' ,4eeA4 I �?ennnn ' ,oeq.e°e eeeee� / ;°emn ee° nnen/ � �nconv°c ee� � EXISTING OYSTER BEDS eeeeao= l e PROFILE 2 PROFILE 3 A ° :GCeVA ,. ..•.gyp ° e� V .tea oa CHANNEL MARKER (TYP) MARSH EDGE PROFILE 1 F, PROFILE 3 PROFILE 2 PROFILE 1 � 72 NNEL MARKE MARSH EDGE ------ --- _ CUT AREA (-9,000 S.F.) �n °��-°°,,4''""� • `\ _ate=== �t_�_ \� 1 � _ �—.J_�����. _��— ��,- /j "/,j, 8' ` ibF-OHANRE-------- --,- l EXISTING OYSTER --- -__-- ___�_ - ___ ___>"_-`- - PROPOSED OYSTER BEDS CHANNEL CENTERLINE- PROFILE 1 Station .8111W-1V=F1 10+00 11 1 EXISTING GRADE .00 DREDGE CUT • 3 • I • I• • .l • EXISTING MAINTAINE ••..•..❖.❖.•J.❖.❖.❖.❖.❖.•.❖.❖.❖.❖O.•.00..•.•....•OOJ.❖.❖.•O.•vvaa,.•vv.-v.-v...-ay.-.-a.-•-.-a.-.-.-aov.❖o..-v.-vv..-.-.. • • • •Oiiiiiiiiii0•i 1•:::1111111111111111111.1.11.1.11.1e111e1111111111111.111.11111••1111.11111111.111.1111 ♦IIee1111N11111N ♦e 1111111111111111111.11.11111111.1111111111.11111.111411111111♦111111111111111111111111•� 111111.11111111111111.11111.1111.1111111111111111111111111111111111111111111.1.11.11.111 1e1111.1.1.111111111111111.1111111.1111111111.111••1111111111111♦11111111111111111111111•� �•�1�1�1�1•1�1�1•1V1•1�1•1�•�1�1�1�•�1�1�1�1�•�1�1�1�1�1�•�1•1�1�1•1•1�1�1•1�1�1•1�1•1•1�1•1�•�I�I�I�I�I�i MAINTENANCE DREDGE CUT TO -3 MLW e1111e111 •. �11�1 �♦ i 1 i i i•1�� �. i OOOOOiiiiiiiiiiii 000� i•OOiiiiiiiiiiiiiiiiiii•Oiiiiiiiiiii•OOOOOOOOOOOOJJO100 H1111 H1111•H•11111111111111111111 v.-.-v..-vay.-v.................... i i•OOOiiii•Oiii00•i00•i•J000i.`v. •eel11111111111.111111•eee11111.. N1111.1111•••11111111111. 111.111 �I O1111111111111111111♦11 1+1111111111111111111e1e1e1111e•1e..• • e111111111111111111111111111111111111� e111111111111••1111111e1111.1111.11+•1.111ee11. 1�1�1�1�•�1�1�1�1�1A•1�1�1�1�1••�1�1�1•40w1�••1�1�1�� 1i.e 1 i i•1�1•1•1�1�1•1�1�1•1�••1•1�1•1�1�1•1�•�1••:1•1�1�1•1�1�1•1�1�1�1•1�1�1••�1•� . 11 11 11 11 111 II RECEIVED .NDS TION CHANNEL) NOTES: Arm i u L—, 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. WILMINGTON, N Project: ° Date: Revision Date: 3. FOR ENVIRONMENTAL PERMITTING ONLY. DCM Shinn Creek EstatesSnab. G 1a25/1e NA 4. MLW DEPTHS PROVIDED BY PARAMOUNTE onzonta 1 =50 J°b Number: ENGINEERING. TAKEN AUGUST 2018. sn GROM UhA.,=5 Horizontal 1"=50' Vertical 1.=5' LMG17.342 5 °Title: ., 5=5 Profile 1 Dr•xn By: Sheet NumberVertical 1`=5' aroline 28402 Station 6+00 to 10+83 GSF 5 of 7 -452-OMI L:%CAMA12017 CAMA FILES`02-17-342 — Shin Creek Estates. Ben SteohensonlShinn Creek-3MLW.ow9 '0. PEI., - -„� MARSH EDGE 0+00 8' WID APPROXIMATE MHW MAINTENANCE DREDGE CI JT TO -3 MLW (8' WIDE BOX CUT WI H 3:1 SLOPE) r m m v o' 3 0 0 onzonte 1 = D 0 0 Vertical 1"=5' NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. 4. MLW DEPTHS PROVIDED BY PARAMOUNTE ENGINEERING. TAKEN AUGUST 2018. 5. OYSTERS LOCATED WITHIN 9' OF DREDGE CHANNEL EDGE WILL BE RELOCATED. 01 0+00 PROFILE 2 Station 1 APR 10 2019 DCM WILMINGTON, NC '-00 OUTER EDGE OF N OUTER EDGE OF O PROFILE 1 - PROFILE 2 EXISTING OYSTER BEDS H .R BED project: Date Remi LMG Shinn Creek Estates 10/25/18 Scale: Adb—Na JoE Nun LAND MANA ,EN3Ni GROUP 0004 As Noted ree: 3805 WnghtsW, it n'15 Nlmington, North Gamine 28402 Profile 2 Dm By: GSF Sheet IS 4/10/19 LMG18.179 6 of 0 10 20 _ 40 Horizontal PROFILE 1 MARSH EDGE ��,�pppp 'pl —11/ CUT AREA - 0+010 I (-9,000 S.F.) ' / pp. 8' WIDE CHAT NE�i,` APPROXIMATE MHW -1+00 MAINTENANCE DREDGE CUT T -3 MLW (8' WIDE BOX CUT WITH 3:1 SLOPE) m n _ m m o' 3 _5 0 0 0+00 Horizontal = 0 Vertical 1"=5' NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. 4. MLW DEPTHS PROVIDED BY PARAMOUNTE ENGINEERING. TAKEN AUGUST 2018. 5. OYSTERS LOCATED WITHIN 9' OF DREDGE CHANNEL EDGE WILL BE RELOCATED. + 0 fpp� 11' p p V 7p'Vpp = PR OF4LE 2 ��� �: �_- �' \ p �� �' =per p ° ° ° PROFILE 3 PROFILE 3 Station _jIIIIIIIIIII ExISTING OYSTER BEDS 1 OUTER EDGE OF OYSTER BED OYSTERS TO BE RELOCATED (2'-WIDE STRIP THIS LOCATION) — EXISTING GRADE CUT AREA (-600 CY) 1+00 RECEIVED R 10 201 DCM WILMINGTON, NC 511111t 211 16� m LAND MANAGEMENT Gaow orer#. 3805 Mghtsvllle Ave. Sulk i5 Jlminglon, North Caroline 2840 I Shinn Creek Estates 10/25/18 4/10/19 Scale: .lob Number: As Noted LMG18.179 Profile 3 Drawn By: Sheet Number: GSF 7 of 7 25' X 30' BOAT BASIN (-3 MLW) CONNECTS TO EXISTING MAINTAINED CHANNEL c` 7 SHINN CREEK ESTATES BOAT RAMP AND DOCK 1 PROFILE 1 MAINTENANCE DREDGING BOUNDAR' P' WIDE BY 1,083' LONG ACCESS CHANNEL (-3 MLW) CONNECTS TO EXISTING MAINTAINED CHANNEL MARSH EDGE BREAKWATER (60' AND 40' LONG) ,nneee �eeeei penes menn� OYSTER BEDS c .n2 na 4_ ,bee ene� - /ee enena. 'neeeeeee /e..eeennn innnnAnnC. 'eeenen +n . �peennnna�-� � ann nr' 0 "cis 1 nn n na enn can en ee PROFILE 2 a r BREAKWATER (60' AND 40' LONG) 1,083' LONG ACCESS CHANNEL (-3 MLW) INS TO EXISTING MAINTAINED CHANNEL .eeeey' 4nee4 - eeeel 6neee e. .eeees /. ,neeeee eeeee;/ !eeeeeee \eeee /e ..eeeeee _ nAe46AA ° OYSTEF eceeenc I Cp a eyr W �'pae � PROFILE 2 peee.� y: I PROFILE 3 —_— BREAKWATER (60' AND 70' LONG) 11 m r MARSH EDGE � yea 1 f PROFILE 1 NANCE DREDGINGAQUN / ;first" r w- in PROFILE 1 i u CD v 0 m BOAT BASIN MARSH EDGE _-- ,--- ------ ' -.3 _�- Lam` \_7a �' - - - ,--__-- PROFILE 2 STER-BE-D. �--- � � _ — D D° � I I r D DD^✓ 1 / - BREAKWATER D �DDDDW, 1 8'' WIDE CHANNEL (60 AND 40 LONG) D�-�-rlj 1+00 CHANNEL CENTERLINE -PROFILE 1 2+00 Station MAINTENANCE DREDGE CUT EXTENDS TO EXISTING BOAT RAMP r— MAINTENANCE DREDGE CUT TO -3 MLW EXISTING GRADE N rN m (V th DEC 13 -9 0+00 1+00 2+00 3+00 4+00 5+00 + 0 NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. 4. MLW DEPTHS PROVIDED BY PARAMOUNTE ENGINEERING. TAKEN AUGUST 2018. ° �LMG Shinn Creek Estates Horizontal 1"=50' LAND MANAGF.AIF.NT GAOUF Ti e: ° mi 3805 Whghtsrilll. A. �Su tie 15 Profile 1 Vertical 1"=5' Mlmington. North Carolina 28402 Station 0+00 t0 6+00 Telephone: 910452-0001 RECEIVED DCM WILMINGTON, NC NOV 0 7 2018 10/25/18 NA Srala: Horizontal 1"=50' Job Number: LMG17.342 Vertical 1"=5' Drawn By: Sheet Number: GSF 4 of 7 =s=_r BOAT BASIN CUT AREA -9,000 S.F.) MARSH EDGE PROFILE 1 -1 CHANNEL CENTERLINE - PROFILE Station 1+00 1 220 3+00 MAINTENANCE DREDGE CUT EXTENDS TO EXISTING BOAT RAMP /-- MAINTENANCE DREDGE CUT TO -3 MLW 4+00 CUT AREA (-600 CY) 9D DD D� pD PROFILE 2 A D DDD / D DDDD4 nD� DD�DI� iDODDDDrI 1 D / t LA" EXISTING GRADE ----_ 0 0 hg 0 �g 0 og 0 ogN o 7RR C? fVcV M N vi M Cf 0+00 1+00 2+00 3+00 4+00 5+00 6+00 NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. 4. MLW DEPTHS PROVIDED BY PARAMOUNTE ENGINEERING. TAKEN AUGUST 2018. APR 10 2019 0 onzonta = DCM WILMINGTON, NC o 0 Vertical 1'=5' i; LM G Shinn Creek Estates UND MNAGemcNT G9oue nawf rMe: 3805 Wrighrsvile Ave, Suite 15 Profile 1 Nlmingum, North Cemlina 28402 Station 0+00 to 6+00 Telaplxmir 910452-Ml 10/25/18 4110119 Horizontal 1"=50' J°b Number: Vertical l"=5' LMG77.342 y: Sheet Number. GSF 4 of PROFILE 3 PROFILE 2 PROFILE 1 6+00 eee 7+00 EXISTING GRADE I / 1 / �1Ceei L '7/`\\ i p OYSTER BEDS BREAKWATER MARSH EDGE - %�, PF FILE_ 1 8' WIDE C CHANNEL CENTERLINE- PROFILE 1 Station MAINTENANCE DREDGE CUT TO -3 MLW 10+00 11 MAINTENANCE DREDGE CUT TO -3 MLW AT TIME OF CONS' (TIES INTO EXISTING MAINTAI 1 mo 00 00 0o po 0 0 0 o 1?9 r" r? M 6+00 7+00 8+00 9+00 10+00 11+00 NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. 4. MLW DEPTHS PROVIDED BY PARAMOUNTE ENGINEERING. TAKEN AUGUST 2018. 0 mmmommoni Honzontal V=50' G Vertical V=5' 3805 LMG \NAGEMENr GROUP osIE44 company linsville Ave, Suite 15 . North Carolina 2640 CHANNEL) Shinn Creek Estates RECEIVED DEC 13 2018 DCM-MHD CIJy RECEIVED DCM WILMINGTON, NC Nov 07 2018 Revision Date' 10/25/1811 NA Horizontal 1-50' Job NumberLMG17. 342. Vertical 1"=5' Profile 1 Drawn By Station 6+00 to 10+83 1 GSF of 7 0 Horizonte 1 = , Z MARSH EDGE `P 0+00 P p D p D p B' WIDE?61 MAINTENANCE DREDGE (8' WIDE BOX CUT V r m m m o' PILING APPROXIMATE MHW TO -3 MLW 3:1 SLOPE) 0 11 1 Dp� I �O p ` D p� p p ,+ ,Dpppppp`1 i �.( i ; p p p p p p�UO ! r>p gyp_ PROFILE 2 Station D p p V' D pf p D; - PROFILE 1 PROFILE 2 OYSTER BEDS BREAKWATER PROPOSED BREAKWATER (V ABOVE MHW. SPACED -18' APART) 1+00 2+00 1+I EXISTING GRADE RECEIVED DEC 13 2018 N o I DCM-MHD CITY N immummommmi 0+00 1+00 Horizonte V=50' 0 Vertical 1"=5' RECEIVED DCM WILMINGTON, NC NOV 0.7 2018 NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. Proles: Date: Revlslon Date. 3. FOR ENVIRONMENTAL PERMITTING ONLY. T jtr /� 1on5n8 Shinn Creek Estates NA 4. MLW DEPTHS PROVIDED BY PARAMOUNTE ENGINEERING. TAKEN AUGUST 2018. L1N1 stele: Job Number'. 5. BREAKWATERS WILL FEATURE 1' PER LINEAR FOOT OF OPEN SPACING LAND MAN� AGEMENT GROUP As Noted rue: LMG18.179 BETWEEN BOARDS AND BE OPEN ENDED TO PROVIDE FOR UNIMPEDED WATER .. 3805 Wnghh;Wle Ave. Suite 15 Profile 2 Drawn By Sheet Number. AND FAUNAL MOVEMENT. Wilmington, North Caroline 2B402 GSF 6 of 7 — phone'. 910-652-0W1 Horizonte 1� --_ IV v v ° BREAKWATER ° PROFI11- v S7 ° It pv ;'PROFI1E MARSH EDGE , ab ; +�SJP OFYLE 3 8' WIDE C N ---------- � p ,7,v - M. v p PROFILE 3 OYSTER BEDS Station PROPOSED BREAKWATER APPROXIMATE MHW (1- ABOVE MHW, SPACED —18' APART) -1+00 0+00 1+00 2+00 MAINTENANCE DREDGE CUT T -3 MLW (8' WIDE BOX CUT WITH 3:1 SLOPE) r MEXISTING GRADE m m 0 PILING D PTH PER CONTRACTOR TIE -BACKS NOT SHOWN) . 00 I 0+00 1+00 v ;ovp�v° pv- �v jj v� RECEIVED DEC 13 2018 DCM-MHD CITY 0 Horizontal 1'=50 RECEIVED DCM WILMINGTON, NC 0 Vertcal,"=5' NOV 0 7 2018 NOTES: 1. 2016 AERIAL FROM NCONEMAP. 2. NOT A SURVEYED OR ENGINEERED DRAWING. Proied: Date. ReMsion Date. 3. FOR ENVIRONMENTAL PERMITTING ONLY. T �/( (� Shinn Creek Estates o zstl8 NA 4. MLW DEPTHS PROVIDED BY PARAMOUNTE ENGINEERING. TAKEN AUGUST 2018. LMG Soide: Job Number 5. BREAKWATERS WILL FEATURE 1" PER LINEAR FOOT OF OPEN SPACING LAND MANAGEMENT CROUP Title: As Noted LNIG18.179 BETWEEN BOARDS AND BE OPEN ENDED TO PROVIDE FOR UNIMPEDED WATER DWEA co M 3805 Wrightsville Ave, Suite 15 Profile 3 Drawn By. Sheet Number: AND FAUNAL MOVEMENT. Wilmington. ne 91w zi--00011 402 GSE 7 of 7 MLE01`dahACAMAV017 CAMA FILESDI-17-342 — Shinn Creek Eslales. Be. Steahenson\Shinn Creek-3MLW.dwg T IN IL I ' ' �. r ' u loops •, � /F foi 1 4 y w --M . fir Legend Maintenance Dredging Boundary - — NOTES. 1. TAX PARCELS FROM NHC GIS. 2. 2016 AERIAL FROM NCONEMAP. Spoil Disposal Location 3. NOT A SURVEYED OR ENGINEERED DRAWING. 4. FOR ENVIRONMENTAL PERMITTING ONLY. Hwy 17� Hwy 74 Gr enville op Rd Hwy 76 Slte • . . . Site Location Map NITS f ' • ;e • ._# 1-7 IVUV V 1 cJlu Revision Dale: NA LM G Vrojert Shinn Creek Estates Date: 0/25/18 Scale: Joa Number. LAND MANAGEMENT GROLT 1"=200' LMG17.342 3805 Wn9MaMlh Ave, Suite 15 Site Location and Drawn By: Sheet Number: Nlminglon, Nonh Carolina 29402 Plan View GSF i 0( 7 Telephone 910452-0001 Division of Coastal Managemen Application Processing Notes Applicant: S1, , N N 'Sk rkA Deadline: Date/Time:—9% AMessag c�N DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1ago WILMINGTON, NORTH CAROLINA 28402.1890 IN REPLY REFER TO December 18, 1998 Regulatory Division Action ID No. 199603333 Boyce Quinn, Inc. Attn: Mr. Bill Henderson, President 6613 Cove Point Drive Wilmington, North Carolina 28409 Dear Mr. Henderson: Please reference your application requesting Department of the Army permit authorization for your proposed dredging and pier construction at Shinn Creek Estates in Shinn Creek, adjacent to the Atlantic Intracoastal Waterway in Wilmington, New Hanover County, North. By letter dated December 22, 1997, we forwarded the December 4, 1997, letter from the U.S. Environmental Protection Agency (EPA) and the December 5, 1997, letter from the National Marine Fisheries Service (NMFS) recommending denial of your application. To date, we have received no response from you. By copy of this letter, we are retiring your file. Should you wish to reactivate your file, please respond in writing to the letterhead address and include measures which you will undertake to resolve the agency concerns. I am available at telephone (910) 251-4636 to assist you in responding to the EPA and NMFS concerns or to answer any questions you may have. Sincerely, Jeffrey H. Richter Project Manager Wilmington Field Office DEC 2 0 199E COASTAL MANAGEMizi, I Copy Furnished: Mr. John Parker North Carolina Division of Coastal Management Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. C. Robert Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT August 20, 1998 Mr. Richard Civelli Estuarine Resources P. O. Box 199 Wrightsville Beach, NC 28480 Dear Mr. Civelli: The enclosed will provide you with the comments from the Department's internal EA review process concerning a proposed Shinn Creek navigation channel. As you know, you may discuss each set of comments with the submitting agency, rebutte the comments and/or move forward to draft an Environmental Impact Statement. The Department position, you may recall, is that the proposal may be moved forward with adverse comments, but only if reviewed under a full EIS. ' I stand ready to discuss the matter further. I regret the delay in this response. Very Sincerely, - — John . Parl�er, Jr. Majo Permits Processing Manager P.O. BOX 27687, RALEICH, NC 27611-768712728 CAPITAL BLVD., RALEIOH, NC 27604 PHONE 919-733-2293 FAX 919-733-149S AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER w�4, NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES MEMORANDUM TO: John Parker Division of Coastal Management FROM: Melba McGee e Environmental Review Coordinator RE: #924 EA Shinn Creek Navigation Channel and Subdivision Residential Development, Atlantic Intracoastal Waterway, New Hanover County DATE: July 16,1998 The Department of Environment and Natural Resources has completed its internal review of the environmental assessment. According to the attached comments the proposed project will impact areas that have been designated as Primary Nursery Areas. The department objects to the environmental assessment and suggest that the project not be approved. It is recommended that the applicant work with our commenting divisions to help protect these resources. The applicant is also encouraged to work toward selecting the alternative with the least environmental impacts or consider preparing an Environmental Impact Statement. Thank you for the opportunity to review. attachments VED JUL 2 21998 COASTAL MAMGEMEW P.O. Box 27887, RALEIGH NC 27611-7687 / B12 NORTH SALISBURY STREET, RALEIGH NC 27604 PHONKOIQ-733-4984 FA%919-715-3060 WWW.EHNR.STATE.NC.US/EHNR/ AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 509E RECYCLED/10% POST -CONSUMER PAPER �07/16/15g6 14:95 q10-350-2004 NCtpFH/WII.MINr,TnN PAGE 02 State of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Marine Fisheries James B. Hunt, Jr., Governor Wayne McDevitt, Secretary pufyl6P. Pate, Jr., Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RasouROKS T0: Melba McGee FROM: Fritz Rohde V1 -- SUBJECT: Shinn Creek Navigation Channel -'Number 924 The Division of Marine Fisheries is opposed to this project as presented in the draft EA. The problem with tl_e project is the proposal to di edge a 350' section of Primary Nursery Area that has never been dredged. The Dig is.on opposes any new dredging in Primary Nursery Areas. If you need to discuss this further. please contact me at 910-395-3900, 127 Nortb Cardinal Dr., Wilmington. North Car, §4G: I'clephone 910-395.3900 FAX 91W50-2004 An Equal Opportunity Afrmativr Action Emplob506,1e recycled/10% post -consumer paper ® North Carolina Wildlife Resources Commission® 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director July 14, 1998 TO: Melba McGee Office of Legislative and Intergovernmental Affairs FROM: Frank McBride, Manager Habitat Conservation Program SUBJECT: Draft Environmental Assessment (DEA) for Shinn Creek Navigation Channel and Subdivision Residential Development, end of Shinnwood Road on Greenville Sound near the Atlantic Intracoastal Waterway (AIWW), New Hanover County, North Carolina. Project Number:924. The North Carolina Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site .visit was made on July 7, 1998. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section 401 of the Clean Water Act (as amended), and North Carolina General Statutes (G.S. 113-131 et seq.). The DEA presents a preferred alternative involving the excavation of a navigation channel near Shinn Creek and the AIWW for a residential development currently in the process of being built -out. The excavated channel would provide around -the -clock boating access to the AIWW. At present, the AIWW is accessible during high tide. The proposed navigation channel consists of 3 segments. Segments 600 ft. long by 40 ft. wide and 900 ft. long by 40 ft. wide have been previously dredged. A middle segment 350 ft. long by 30 ft. wide has not been previously dredged. It is our understanding a hydraulic dredge, excavator, and backhoe would be used to excavate the channel. Dredge spoil is to be pumped to an earthen diked basin that will eventually be developed into residential lots. High quality coastal wetlands providing excellent fish and wildlife habitats occur adjacent to the channel alignment. Area waters are classified SA and designated a Primary Nursery Area (PNA). As proposed, the project would disturb approximately 70,500 sq. ft. of bottom in a PNA. This disturbance would include the loss of 10,500 sq. ft. of productive, previously-undredged, . shallow water habitat. Dredging is expected to elevate turbidity and degrade water quality, perhaps to the point where mortalities of sensitive early life stages of fin and shellfish occur. In Shinn Creek Channel 7/14/98 addition, placement of spoil as fill material for later lot development may result in filling of 404 wetlands. Based on these concerns, we cannot concur with the draft environmental document. A DEA having Alternative B. (Highground Development without Dredging the Connecting Channel) as the preferred alternative would receive a more favorable review from this agency. Thank you for the opportunity to comment. If you have questions regarding these comments, please call me at (919) 522-9736. iLKA sW WASUm Fax1919-733-9959 Jul 6 '98 11:21 P.02/02 P.1 Jane 29, 1998 IQ:Mafy IGseau 1kW T"Our .FRO.M: ant rJob. SUBSUECT: DnOrl'onf Creek Drudging Co=mt& (DENRM 924, DWQ# t2120) Based on a review of the draft EA, the following comments are offered, Some (or portions) of these connotation will likely be incapontod into my 401 Water Quality Certification. 1. On Page 3 (Section M the EA notes extensively that the need and purpose of the proposed project is to provide access (and we demand) for boaters seeking entry to the ICW W and its counccling waters. in soppat of this, a Wilmington Morrsing Star report deWiliult crowded neninas and public access mrrps is included_ Unfo, hu ately, this project will only provide private aeress to, most rcsidcms of Shinn Cmd (42 Slips for 42lots). As a result, the need and purpose of the proposed project as stated in Section IV an Page 3 is not substantiated. 2. on Page 6 (UDdar B. Wetlands) it is need that there are 4lots in the subdivision which contain "404" wetlands and that there will likely be future NW 26 ptanst requests, for wedand fill. In the final draft of the EA, a map showing the limits of the 404 wetlands in relation to the lots and building envelopes ebould be included. Any 401 Water Quality Cortificatioa for fill in some portions of these wetlands may require additional review and may also roquirc deed reauicdoas. 3. Ou Page 7 (lads B. Wetlands) it is noted that eppronimately 1,100 square feet of Sparma akerni#lora enhancement will be accomplished by planting sh)romes on l.nuder squarn. This mitigation plan wit likely reeptire review and approval by NCDWQ. the final version of the EA should include a map showing tidal ranges, where rhi wrens are to be planted and obtained as well as the location ofesasting coasuil marsh vegetation. A monitoring plan (usually 3 years) will also likely be required for this mitigation project. This informatkoo should also be included the final EA and should ineludo a discussion regatdiDg success criteria, sarvivaship, etc. 4. On Pago 9 (Under L Water Quality) tbm is ocet;n30,c oration of the UNCW Patch Creek study that dor.oaawtud an improvement in wafer quality and steel Ifishing after shoals in patch Creek were removed and tidal flushing was subsequeuty improved, The EA stares that although the scope of the Shia n Creek project is smaller, the project was "designed with similar principles in hopes of as Only providing navigational accost but ako improving the weer quality of Shinn Creek" However, the EA does not demonstrate poor water quality, in Shinn Creak (with data) and dots rent demonstrate that the dredging of the connecting channel will promote additional flushing (thereby improving water quality), It enhanced water quality Is being claimed as a "benefit' of this project, then the data should be included in support. If this information exists a can be adequately demonstrated then it should be included in the Final EA. 3. On Page 10 (Under L SheOfisMfish and Their Habitats), it is noted that a sh MI1 sus " (as per NCDMP Lhodulogits) exists in the undredged project aria. In addition, the bottom area that is to be rhelged contains SAV and is classified as a PNA. Currrnt NCDWQ policy does not allow new dredging in PNAs and typically requircs oho avoidance of SAV. This projectmceta neither of these two criteria. If the SAV cemootbo avoided, it should ba relocated (if posdble) to aui W ble nearby habitat and at Clam, oysters, and Scallops in the area be relocated to a DMP approved area. 6. On cage 11 (Under L. ShellfisWLsh and Their Habotats) the BA sorts that the floating dock will provide a "rice add diverse community", These ecological mmmunitiat are known at "fouling comrnmitiet" because they often favor the Erowth of anthropogemtxlly undesirable species (usually with lower diversities and higher abundances). In addition, most of Ibis Liberal: wIE W expwed to sunlight only aroaud me pcflmeta or me dock (whin Only margins] nbdaL lcvcts being available ekewbere), Consequently, primary productivity associated with these floating docks are typically less than in similar subddal habitats (e.g., SAV, oyster reefs, shallow water bottom communities, etc) which have higher overall insolation rates and therefore higher primary productivity. If the EA is going to cLdm that this artificial dock Wbitat will provide a 'rich and di.aee." cammuaity versus a natural iurettdal habitat then data in support of this claim should he included in the Fsatl BA. 7. As noted in Its above, on Page 13 (Under VD. Mitigation Measures) it is noted that "dus dredgdog project will fadfivae the flushing of the backwater connecting cbanoets, thereby having p.sitive effects and improving water quality." Again them to no supporting data demonstrating that the water quality in Shinn Creek is poor or that the dredging of the connecting channel will tmprove it. If these claims are to W perpctuaeco, tarn me Plead EA should eonudn Lots supporting data If them are any additional comments regarding this matter please feel free to contact me at (919) 733d784 or via e-mail at uric-]en4 eW..wr. afnte.m:.ua State of North Carolina JF Department of Environment and Natural Resources Reviewing Offim: -4+ 1 I ' g a.� Due Date: 9gs INTERGOVERNMENTAL REVIEW —PROJECT COMMENTS Project NumM: After review of this project it has been determined that the ENR permit(s) and/or approvals indicated may need to be obtained in order for this project to comply with North Carolina Law. Questions regarding these permits should be addressed to the Regional Office indicated on the reverse of the form. AD applications, information and guidelines relative to these plans and permits are available from the same Regional Office. Normal Process Time (statutory time limit) PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS Cl Permit to construct & operate wastewater treatment Application 90 days before begin construction or award of construction 30 days facilities, sewer system extensions & sewer systems contracts. On -site inspection Post -application technical conference usual. not discharging into slate surface waters. (90 days) O NPDES - permit to discharge into surface water mil/or Application 180 days before begin activity. On -she inspection I mapplication 90-120 days Permit to operate and construct wastewater facilities conference usual. Additionally, obtain permit to construct wastewater discharging into state surface waters. treatment facility -granted after NPDES. Reply time, 30 days after receipt of (N/A) plans or issue of NPDES pttmit—whichever is later. 0 Water Use Peron Pre -application technical conference usually necessary 30 days (N/A) 0 Well Construction Permit Complete application must be received and permit issued prior to the 7 days installation of a well. (15 days) 0 Dredge and Fill Permit Application copy must be served on each adjacent riparian property owner. 55 days On -site inspection. Pre -application conference usual. Filling may require Easement to Fill from N.C. Department of Administration and Federal Dredge (90 days) and Fill Permit. 0 Pemdt to construct & opemte .4ir Pollutiorn Abatement N/A facilities and/or Emission Sources as per 15 A NCAC 60 days (2 .0100, 2Q.0300, 2H.0600) Any open burning associated with subject proposal must be in compliance with 15 A NCAC 2D.I900 60 days 0 Demolition or renovations of structures containing asbestos material must be in compliance with 15 A NCAC 2D.1110 (a) (1) which requires notification and removal prior to demolition. Contact Asbestos Control N/A Group 919-733-0920. (90 days) 0 Complex Source Permit required under 15 A NCAC 2D.0800 0 The Sedimentation Pollution Control Act of 1973 must be properly addressed for any land disturbing activity. An erosion & sedimentation control plan will be required if one or more acres to be disturbed. Plan filed with proper Regional Office (lard Quality 20 days Sect-) At least 30 days before beginning activity. A fee of $30 for the first acre and $2000 for each additional acre or part must (30 days) accompany the plan 0 The Sedimentation Pollution control Act of 1973 must be addressed with respect to the referenced Local Ordinance. (30 days) 0 Mining Permit On -site inspection usual. Surety bond filed with ENR Bond amount varies with type mine and number of aeres of affected land. Any are mined greater 30 days than one acre must be permitted. The appropriate bond must be received (60 days) before the permit can be issued. 0 Nosh Carolina Burning permit thrsite inspection by N.C. Division Forest Resource if permit exceeds 4 days I day (N/A) 0 Special Ground Clearance Burning Permit - 22 (hut -site inspection by N.C. Division Forest Resources required "if more than 1 day counties in coastal N.C. with organic soils five acres of ground clearing activities are involved. Inspections should be (N/A) requested at least ten days before actual bum is planned." 0 Oil Refuting Facilities N/A 90-120 days (N/A) 0 Dam Safety Permit If permit required application 60 days before begin corWruction Applicant must hire N.C. qualified engineer to: prepare plans, inspect construction, certify construction is according to ENR approved plans. May also require 30 days permit under mosquito control program And a 404 permit from Corps of Engineers. An inspection of site is necessary to verify Harsrd Classification. A (60 days) minimum fee of $200.00 must accompany the application. An additional processing fee based on a pememage or the total project cost will be required upon completion. Continued on reverse Normal Process Tm� (statutory time limit) PERMITS SPECIAL APPLICATION PROCEDURES or REQUIREMENTS ❑ Permit to drill exploratory oil or gas well File surety bond of $5,000 with ENR running to State of NC conditional that 10 days any well opened by drill operator shall, upon abandonment, be plugged (N/A) according to ENR roles and regulations. ❑ Geophysical Exploration Permit Application filed with ENR at least 10 days prior to issue of permit. 10 days Application by letter. No standard application form (N/A) ❑ State Lakes Construction Permit Application fee based on structure size is charged Must include descriptions & 15-20 days drawings of structure & proof of ownership of riparian property. (N/A) ❑ 401 Water Quality Certification N/A 60 days (130 days) ❑ CAMA Permit for MAJOR development $250.00 fee must accompany application 55 days (150 days) ❑ CAMA Permit for MINOR development $50.00 fee must accompany application 22 days (25 days) ❑ Several geodetic monuments are located in or near the project area. If any monuments need to be moved or destroyed, please notify: N.C. Geodetic Survey, Box 27687, Raleigh, NC 27611 ❑ Abandonment of any wells, if required must be in accordance with Title 15A. Subchapter 2C.0100. ❑ Notification ofthe proper regional office is requested if `orphan" underground storage tanks (LISTS) are discovered during any excavation operation ❑ Compliance with 15A NCAC 2H 1000 (Coastal Slorrnwater Rules) is required 45 days (N/A) ' Other comments (attach additional pages as necessary, being certain to cite comment authority) REGIONAL OFFICES Questions regarding these permits should be addressed to the Regional Office marked below. ❑ Asheville Regional Office 59 Woodfin Place Asheville, NC 28801 (704)251-6208 ❑ Mooresville Regional Office 919 North Main Street, P.O. Box 950 Mooresville, NC 28115 (704)663-1699 ❑ Washington Regional Office 943 Washington Square Mall Washington, NC 27889 919)946-6481 ❑ Fayetteville Regional Office Suite 714 Wachovia Building Fayetteville, NC 28301 (919)486-1541 ❑ Raleigh Regional ice 3800 Bamem Drive, Suite 101 Raleigh, NC 27609 (919) 571-4700 ❑ Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 (919) 395-3900 ❑ Winston-Salem Regional Office 585 Waughtown St Winston-Salem, NC 27107 (910) 7714600 t ,, i NORTH CAROUINA DIVISION OF WATER QUALITY Water Quality Section Wilmington Regional Office Date: July 14, 1998 To: Melba McGee 001) From: Joanne H. Steenhuis :�H S Through: Rick Shiver Subject: A95 Review Environmental Assessment Project # 924 Project Name: Shinn Creek Navigation Channel Project Applicant: William Henderson/ Boyce Quinn, Inc. County: New Hanover This Office has reviewed the Subject environmental document. The following comment is provided: The proposed project will result in the loss of Primary Nursery Area Shallow bottom habitat and a shellfish resource. Such a proposal is inconsistent with 15A NCAC 2B.0201. It is therefore recommended that the project and the 401 Certification be denied. cc: Wilmington Regional Office Files Central Files- John Dorney Steve Benton NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF COASTAL MANAGEMENT MEMORANDUM TO: Melba McGee Office of Legislative Affairs FROM: John Parker SUBJECT: Environmental Assessment --Shinn Creek -- Navigation Channel DATE: June 16, 1998 Attached, please find eight (8) copies of an Environmental Assessment for a new channel excavation near Shinn Creek, in New Hanover County. The project is proposed by William Henderson of Boyce Quinn, Inc.. The document has been prepared by Richard C. Civelli of Estuarine Resources, telephone (910) 256-9395. Should your review group have a need additional information, so advise and I will contact Mr. Civelli. JRP Jr/aw Attachment P.O. BOX 27687, RALEIGH, NC 27611-7687 /272S CAPITAL BLVD., RALEIGH, NC 27604 PHONE 919-733-2293 FAX 919-733-149S AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - SOq RECYCLED/ 10% POST -CONSUMER PAPER ESTUARINE RESOURCES _ 4 P.O. Box 199 • Wrightsville Beach, NC 28480 • (910) 256-9395 May 27, 1998 Mr. John Parker Division of Coastal Management 2728 Capital Blvd Parker Lincoln Building, Section F Raleigh, NC 27604 Dear John: I have enclosed nine copies of an Environmental Assessment on behalf of Shinn Creek Estates for a proposed navigation channel in Wilmington, North Carolina. The associated CAMA Major Development Permit application for this project was submitted and received as complete on September 16, 1997 and has been put it abeyance until the submittal of a NCEPA document. I have also hand delivered a reading copy to your Wilmington office for their records. Jim Gregson has reviewed the draft copy that I submitted in April of 1998. Please begin the EA review process as soon as possible. Let me knowwhen you will need the additional 16 copies and I will furnish them upon your request. If for any reason, the Division can not resume the processing of the associated CAMA Major Permit, please let me know. Thank you for your time. I hope all is well. " - , Rick Civelli Environmental Consultant Enclosure: Nine Environmental Assessments cc: Mr. Bill Henderson, President Boyce Quinn, Inc. SUN 0 3 1998 COASTAL MANAGEMENT' DRAFT ENVIRONMENTAL ASSESSMENT SHINN CREEK NAVIGATION CHANNEL PROJECT Navigation Channel and Subdivision Residential Development Harnett Township, New Hanover County, North Carolina Proposed by: Mr. William Henderson Boyce Quinn Inc. April 1998 Prepared for: Mr. Roger Schecter Director N.C. Department of Environment and Natural Resources Division of Coastal Management P.O. Box 27687 Raleigh, N.C. 27611-7687 (919) 733-2293 TABLE OF CONTENTS Page I. Purpose....................................................... 1 II. Introduction................................................... 1 III. Existing Environment ............................................ 1 IV. Need and Purpose of the Proposed Project ............................ 3 V. Alternative Analysis ............................................. 3 A. No -Build .................................................. 3 B. Highground Development without Dredging the Connecting Channel ..... 3 C. Marina Basin and Access Channel for 42 Slips ....................... 3 D. Preferred Alternative .......................................... 4 VI. Environmental Effects ............................................. 5 A. Changes in Land Use.........................................5 B. Wetlands ................................................. 6 C. Prime or Unique Agricultural Lands ............................. 7 D. Public Lands ............................................... 7 E. Scenic and Recreational Areas .................................. 8 F. Areas of Archeological or Historical Value ........................ 8 G. Air Quality ................................................. 8 H. Groundwater Quality.........................................8 I. Water Quality .............................................. 9 J. Noise Levels...............................................10 K. Water Supplies ............................................. 10 L. Shellfish/Fish and Their Habitats ............................... 10 M. Wildlife and Their Habitats .................................... 11 N. Introduction of Toxic Substances ................................ 12 O. Eutrophication of Receiving Waters ............................. 13 P. Socio-Economic Resources ................................... 13 VII. Mitigative Measures .............................................. 13 VM. Findings...................................................... 14 IX. Notification/Review............................................. 14 X. Sources of Information ........................................... 15 FIGURE NUMBER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' LIST OF FIGURES & PHOTOS TITLE Vicinity Map Project Site Plan Topographic Survey Dredged Area 41 Dredging Plan/ Connecting Section Dredged Area #2 New Hanover County Soil Survey Site Soils Data Ramp and Pier Plan Typical Pier Section Dredging Cross Sections 1984 Color Aerial Photo 1989 Color Aerial Photo 1995 Color Aerial Photo Spoil Area Location Shellfish Closure Area Future Spoil Disposal Site Futch Creek Sampling Stations / Average Fecal Coliform Concentrations PAGE Follows Page 15 K y a as I;. el�Gt Date Richard V. Civelli Certified Environmental Specialist (No. 13334) Environmental Assessment Association DRAFT ENVIRONMENTAL ASSESSMENT SHINN CREEK NAVIGATION CHANNEL PROJECT HARNETTTOWNSHIP, NEW HANOVER COUNTY, NORTH CAROLINA BOYCE QUINN, INC. L PURPOSE The purpose of this document is to provide the North Carolina Department of Environment and Natural Resources (NCDENR), Division of Coastal Management with a decision -making tool to determine if the excavation of a navigation channel, proposed for Mr. William Henderson, president of Boyce Quinn, Inc., near Shinn Creek and the Atlantic Intracoastal Waterway in New Hanover County, is of such an impact on the environment as to require the preparation of an environmental impact statement. This document was prepared by Richard Civelli of Estuarine Resources, in accordance with requirements specified in the North Carolina Administrative Code, Title I - Department of Administration, Chapter 25 - North Carolina Environmental Policy Act, Section 0.500 - Environmental Assessment. Any questions or comments regarding this EA should be sent to Richard Civelli, Estuarine Resources, P.O. Box 199, Wrightsville Beach, NC 28480. Telephone contact is (910) 256-9395. The Internet e-mail address : RCivelli@worldnet.att.net.. IL INTRODUCTION The subject site is located off of Shinnwood Road (SR 1513) in Harnett township, North Carolina. It has been determined that this proposed development will require a Coastal Area Management Act Major Development Permit and is subject to the environmental review procedures of the North Carolina Environmental Policy Act (G.S.113A-1 et.seq.). In this particular case, the applicant's proposal involves the excavation of state-owned submerged lands for the purpose of providing a navigation channel for the associated residential subdivision. III. EXISTING ENVIRONMENT This area is currently subdivided into 42 lots and has an area of 27.26 acres, excluding areas retained by the developer. It abuts a residential development called Turtle Hall Harbor to the north, Shinnwood Road and Shinnwood Estates to the south, Greenville Sound to the east, and two individual residential lots to the west.(see figure 2 for details). A topographic map prepared by the U.S. Geological Survey in 1970, of the Wrightsville Beach 7.5 Minute Quadrangle, North Carolina and a topographic survey completed by Sherwin D. Cribb (N.C. registered land surveyor no L-1099) was examined and interpreted for the following information. The property has an average surface elevation of 15' (based on the National Geodetic Vertical Datum of 1929). The overall topography of the site can be described as flat. This subdivision has an average elevation of 25' at the western side and gradually sloping off to approximately 5' towards the east . The seasonal groundwater table is at an approximate depth of more than 6' below the surface, depending on elevation and proximity to the marsh. According to the New Hanover County Soil Survey, published by the USDA/SCS, soils in the proposed project area primarily consist of Lynn Haven fine sand, Kureb sand, Baymeade fine sand, Wakulla sand, and Tidal Marsh Soils (see figure 8 for soil descriptions). The vegetation in the upland project area is characterized by native flora, including turkey oak, sand post oak, sweetbay, water oak, winterberry, gallberry, scattered longleaf pine, a few black jack oaks, dogwoods, hickory, hollies, and scattered dwarf myrtle and huckleberry. The perimeter is bordered by coastal wetlands, which include the following plant species: smooth cordgrass (Spartina alterniflora), saltmeadow cordgrass (Spartina patens), sea oxeye (Bo"Ichia fnitescens), sea lavender (Limonium carolinianum), black needle rush (Juncus roemerianus), spikegrass (Distichlis spicata), Glass wort (Salicornia sp.), and marsh elder (Iva frutescens). The proposed project site abuts the Greenville Sound. At this location waters are affected by Masonboro Inlet approximately .8 miles to the east. Based on surface contours, site surface drainage flow is east toward the marshes of the AIW W. In accordance with 15A, North Carolina Administrative Code 2B.0311, the North Carolina Division of Water Quality (DWQ) has classified the water quality of different surface waters within the state. The North Carolina water quality classification assigned to the project area referred to by this environmental assessment is SA (Tidal Salt waters). This classification is based upon the existing or contemplated best usage of the particular water body, as determined through scientific studies and evaluations. SA waters are suitable for aquatic life propagation and survival, fishing, wildlife, and primary recreation. These waters located in the project area have been closed to harvesting by the N.C. Division of Marine Fisheries since November 3, 1992 (Dave Clawson, Shellfish Sanitation, Morehead City office, NC) (see figure 16). There is an existing boat ramp and 600' long channel that was originally permitted under state permit #72-82T. This channel is approximately 6' deep NEW and approximately 40' wide. It terminates at a point that lends only limited high tide access to an existing and connecting channel which leads directly to the Atlantic Intracoastal Waterway (see figure 2). IV. NEED AND PURPOSE OF THE PROPOSED PROJECT This proposed project will help fill a much -sought-after real estate and recreational need in New Hanover County. A 1995 population census showed New Hanover County having a 5-year growth rate of 16 percent, with the population growing from 120,284 in 1990 to 139,815 in 1995. There is a demand for additional pleasure boat access to the Atlantic Intracoastal Waterway and its connecting waters, as evidenced by crowded marinas and public access ramps throughout the boating season. According to the article titled `Boaters Pressed by Delay on Ramp," published by the Wilmington Morning Star on January 11, 1997 the N.C. Wildlife boat access ramp in Wrightsville Beach experiences the most use over any other access ramp in Southeastern North Carolina. This fording was confirmed by a helpful representative from the N.C. Wildlife Resources Commission, Division of Boating and Inland Fisheries. This navigation channel would offer convenient, attractive and safe boating access for investments in pleasure crafts for residents of the Shinn Creek Estates. V. ALTERNATIVE ANALYSIS A. No -Build This alternative would eliminate impacts to the existing environment, but at the same time deny the applicant the right to fully utilize his property. B. Highground Development without Dredging the Connecting Channel This subdivision is currently in the process of being built -out. Highground lots are selling at a rapid rate, with several homes already occupied. With the existing boat ramp and dredged channel, a resident has access to the waters of the Atlantic Intracoastal Waterway only at and near high tide. With this scenario in place there will be negative impacts to the undredged portion of this channel from mariners who utilize this access when the tide is too low for undisturbed propeller clearance. Impacts from this alternative will include increased localized turbidity and eventual degradation of this Primary Nursery Area. On return trips and instances of dead low tides, mariners will be forced to anchor their vessels where the channel is too shallow to navigate. They will then have to walk through both low and high marsh areas to reach the mainland and return to their houses, thereby causing negative impacts to coastal wetland vegetation. C. Marina Basin and Access Channel for 42 Slips This alternative would have similarities to a project permitted under state permit #102-77 and modified under state permit # 210-85 for the neighboring Turtle Harbor Association. This alternative would consist of a basin approximately 310' long and 150' wide, and an access channel approximately 1,100 feet long and 30 feet wide. There would be 42 boat slips arranged along finger piers and floating docks within the proposed basin. Because of the existing closed -to -shell fishing designation, an addition closure would not be warranted. This project would bestow all residents of Shinn Creek Estates water access and a deeded boat slip, and would encourage the investment in a substantial vessel. A considerable increase on the taxable value of the marina and vessels would provide monetary benefits to New Hanover County. This project would constitute significant impacts to the environment and would therefore not be consistent with the Local Land Use Plan and both State and Federal standards and guidelines. D. Preferred Alternative Highground subdivision lots are currently being sold. Individual house construction has commenced and all applicable building permits have been obtained from involved agencies, including New Hanover County. These are the sole responsibility of the individual lot owner. The developed area will consist of 42 lots ranging from .46 acres to .86 acres. The plans show one access road with 5 associated courts, which is the responsibility of the developer. The applicant's proposed project was designed to take advantage of the existing man-made and natural connecting channel to yield the fewest impacts on the environment. It will consist of connecting two previously excavated channels to provide safe diurnal navigation from the existing community boat ramp to the connecting waters of the AIW W. This first section of the previously excavated channel that leads from the boat ramp is approximately 600' long by +-40' wide with an average depth of 6' MLW(see figure 4). The other existing dredged channel is +-900' long by +- 40' wide (see figure 6). Both existing canals require maintenance excavation and are being incorporated into this project. The public trust waters that will be affected by this project will have to be dredged in order to assure mariners access during low tides. The proposed connecting section is 350' long by 30' wide, with existing depths ranging from +.5' to -1.5' MLW (see figure 5). The applicant proposes a final project depth of 6' MLW. Total dredging will consist of the removal of approximately 4,000 cubic yards of material. The type of material to be excavated consists of 95% sand and 5% mud. All spoil material will be confined landward of regularly and irregularly flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent surrounding area. The applicant holds title to this adjacent upland disposal area. This area is located on site and will be 150' to 200' X +-480'. All excavated material will be pumped to an earthen diked basin that will be completely surrounded by silt fencing. Effluent will be piped to, at, or beyond the mean low water level to prevent gully erosion and unnecessary siltation. A hydraulic dredge, excavator and a backhoe will be used in this process. Wetlands will not have to be crossed in the transportation of this equipment to the project site. This area will then be broken up and sold as individual lots once the dredging has been completed (see figure 15). The applicant has been granted permission from the U.S. Army Corps of Engineers to utilize their spoil site that lies 2,800' away across the AIWW for future maintenance dredging (see figure 17). The applicant also proposes a simple community access pier (6' x 20) constructed in an L configuration and floating dock (6' X 36) to be used as a temporary docking facility while the user's vehicle and trailer are being returned to the associated home within Shinn Creek Estates (see figure 9). This pier and floating dock will provide for the safe loading and unloading of passengers and equipment. VL ENVIRONMENTAL EFFECTS A. Changes in Land Use The land upon which this project is proposed is currently classified as Conservation. One portion is zoned Residential-15, and the remaining is zoned Residential-20. The subject site is located along Shinnwood Road (NCSR 1513), which has a speed limit of 35 MPH. In order to minimize traffic impacts to this road, lots 1, 2, 3, 5, 6, 41, 42 will not be allowed direct vehicular access. These lots will be accessible only by the interior road. There will be no vehicular and/or trailer parking allowed at the boat ramp. Once users have put their boats in the water, they must tie up at the provided floating dock and return their equipment back to their residences and walk or bike to their boats. The Wilmington /New Hanover County 1993 Land Use Plan has several policies and implementation measures related to this project: It is the policy of New Hanover County's Land Use Plan (section 1.2(6)) to support the development of marinas as a means of providing public access, to the extent that their development shall not adversely impact estuarine or public trust waters. It is the policy of New Hanover County's Land Use Plan (section 1.2(1)) that Estuarine waters, Estuarine shorelines and public trust areas shall be prohibited from use by development activity which would result in significant adverse impact to the natural function of these areas. It is the policy of New Hanover County's Land Use Plan (section 1.1(8)) that the city and county shall seek to preserve and restore shellfishing in all SA waters and to bring all coastal waters designated or formerly designated SA to the highest quality possible. It is the policy of New Hanover County's Land Use Plan (section 1.2(8)) that the city and county shall take all necessary action to prevent further deterioration of Estuarine water quality and loss of public trust use in the creeks and sounds, and to bring all coastal waters up to the highest quality possible. It is the policy of New Hanover County's Land Use Plan (section 1.2(9)) that the city and county shall allow the uses of Estuarine and public trust waters that provide benefits to the public and which satisfy riparian access needs of private property owners. It is the policy of New Hanover County's Land Use Plan (section 1.2(10)) that the city and county shall support strict enforcement of state regulations for dredging in primary nursery areas. It is the policy of New Hanover County's Land Use Plan (section1.2(12) that, recognizing that adequate, properly sited boat access facilities are essential to the preservation of both the economy and the environment, it shall be the policy of the city and county to provide additional boat access facilities. This Environmental Assessment will address the above -mentioned policies in sufficient detail to show that the applicant's proposed project is consistent with the 1993 Land Use Plan. As stated in this document, many socio-economic, recreational, water quality, recreational and scenic benefits will result from this proposed project. B. Wetlands As stated above, the project site is bordered by coastal wetlands. The pier will shade +-76 square feet of coastal wetland plant species. In order to minimize these negative effects of shading on coastal wetland species, the pier will be placed at least 4' above ground elevation and will be required to be less then 6' wide. As a subdivision requirement imposed by New Hanover County, a Conservation Overlay District of a 75' undisturbed building envelope buffer from the edge of coastal wetlands must be maintained by any structure in this residential development. Per this requirement, all houses will be located in uplands, thereby having insignificant negative impacts to coastal wetlands. This condition will be enforced by a local Permitting Officer in New Hanover County. There are 4 lots within the confines of this subdivision that contain "404" wetlands as regulated by the U.S. Army Corp of Engineers. It can be predicted, because these wetlands fall within the necessary buildable envelope of these lots, that individual nationwide #26 permits will be sought for the fill of these lots. This will be the responsibility of the prospective land owner but can be foreseen at this time. There is the necessity of a narrow fringe of 230 square feet (.0052 acres) of regularly flooded Spartina alternifolora to be excavated in order to ensure safe two-way navigation. This 30' channel has been kept to a minimum, and no reasonable alternative exists to avoid the wetland loss. It is anticipated that some additional Spartina alternii fora will be lost due to the sloughing of the channel sides once dredging has been completed. I Executive Order 11900 requires actions be taken to minimize the destruction, loss, or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands. Under this order, if there is no practicable alternative to construction in wetlands and all practical measures to minimize harm have been provided, compensation of wetland impacts is required. The applicant will provide wetland mitigation in accordance with the "Memorandum of Agreement (MOA) between the Environmental Protection Agency and the Department of the Army concerning the Determination of Mitigation Under the Clean Water Act Section 404(b) (1) guidelines." This MOA requires the applicant to follow a sequencing process for mitigation which includes, in order: (1) avoidance of impacts, (2) minimization of impacts, and finally (3) compensation for unavoidable impacts. The applicant proposes compensatory mitigation to offset unavoidable impacted wetland functions and values as a result of this proposed dredging. This will be accomplished by the enhancement of 1,100 square feet of intertidal zone by the planting of SpwVna altemiflora rhizomes on 1 meter centers within the project area that will provide similar functions and values. These include but are not limited to water quality, food reduction, biodiversity, wildlife habitat, and aesthetics. This project will also provide scientific and educational opportunities and will be coordinated by Dr. Lynn Leonard and monitored by graduate students of the University of North Carolina at Wilmington, Department of Earth Sciences. This funded, hands-on wetland planting will be an unparelled learning experience which many students will appreciate. Details of the proposed procedures for site preparation, planting schedule, monitoring, and follow-up evaluation will be provided. C. Prime or Unique Agricultural Lands Due to the existing soils, there are no prime or unique agricultural lands within the boundaries of the project area. D. Public Lands As stated above, it is the policy of New Hanover County to allow uses of Estuarine and Public Trust waters that provide benefits to the public and which satisfy riparian access needs of private property owners. There will be no impact to any geodetic survey markers or public lands located above mean high water as a result of this project. The dock structures that will comprise this community boat ramp will incorporate approximately 300 square feet of Public Trust water. The proposed dimensions fall within the standards that are allowable under rules set forth by the Coastal Resources Commission. This dock structure falls well within the applicant's riparian corridor; however, the proposed dredging does cross several riparian property lines. This proposed navigation channel is not located near any shellfish leases. E. Scenic and Recreational Areas The proposed project will greatly improve the scenic and recreational use of the area. This area is currently being developed, and the boat ramp which is the focal point of this subdivision has been previously installed and refurbished under State permit #72-82T. This navigation channel will enable residents to launch and return on all tide cycles and enjoy the aesthetic beauty of the marsh and its indigenous wildlife. The proposed navigation channel will have no adverse effect but will enhance the scenic and recreational usage of Public Trust waters and the adjoining waters in the area. F. Areas of Archeological or Historical Value This area is not located in a National Registered Historic District, nor does it involve a National Register listed or eligible property. According to the 1984 report "Conservation Resources in New Hanover County," by the New Hanover County Planning Department, no significant archeological sites exist within this project area. The entire subdivision was reviewed by the Technical Review Committee of the New Hanover County Planning Board for any significant archeological sites. None were found. G. Air Quality This project is located within the jurisdiction of the Wilmington Regional Office of the North Carolina Department of Environment and Natural Resources. The ambient air quality for New Hanover County has been determined to be in compliance with National Ambient Air Quality Standards. Only insignificant short-term construction -related impacts are expected from the proposed marina construction. H. Ground Water Quality There will be insignificant impacts to the groundwater from this dredging and subdivision development project. Only three individual lots fall within a CAMA Area of Environmental Concern. Development of these lots will be regulated under CAMA Minor permits and will be reviewed and granted by a Licenced Permitting Officer of New Hanover County. Because of New Hanover County's Conservation Overlay District Ordinance, total impervious surface coverage will be kept to 0% of the area within 75' of mean high water of these individual lots. The only allowable intrusion into this COD will be the maximum of 6' of drip through constructed deck. L Water Quality As stated above, the waters of this project area are classified as SA waters. The mean tidal range in the area is approximately 3.8'. The channel is proposed to be dredged to a depth of -6MLW. This will require excavation of approximaitly 1,350 square feet of intertidal habitat. The existing channel abutting the boat ramp has a depth of -5' to- 6' MLW, hence necessitating the proposed dredging depth to -6' MLW. This design will promote flushing and ensure that this connecting section will not exceed the depth of the connecting channel. During the dredging process, there will be an increase in the turbidity of surface waters. This effect will be short-term and thereby will constitute an insignificant impact to the environment. This design should create increased flushing characteristics of the connecting backwater system by tide- and wind -generated water circulation to yield improvements in localized water quality. A study of New Hanover County Tidal Creeks was conducted from 1993-1997 and was funded by New Hanover County, the Northeast New Hanover Conservancy, and the University of North Carolina at Wilmington. This study is entitled "A Four -Year Environmental Analysis of New Hanover County Tidal Creeks" and is the Center for Marine Science Research Report No. 98-01. Futch Creek was targeted for a more intense investigation and mitigation effort in order to improve its water quality. Due to maintenance dredging and boat traffic on the Atlantic Intracoastal Waterway, the mouth of this creek had experienced shoaling. When the study began in 1992 this creek was closed to shellfishing (NHNCPD 1993). Sections of the creek's mouth were dredged in April 1995 and April and May 1996. Data collected and analyzed before and after project completion demonstrated significant improvements in flushing and a consequent drop in fecal coliform levels ranging from 36% to 60% in the various stations (See figure 18). Although the solution to pollution is not dilution, this dredging project and its effects of greater water exchange in Futch Creek led the North Carolina Division of Marine Fisheries to reopen the lower half of Futch Creek to shellfishing in May 1996. In this study, it was also suggested that this dredging project prevented further water quality deterioration in Futch Creek (there was a significant decrease in nitrate at several stations following dredging project). This Environmental Assessment is referencing the results and documented scientific conclusions of this above -mentioned study. The Shinn Creek dredging project, although smaller in scope, was designed with similar principles in hopes of not only providing navigational access but also improving the water quality of Shinn Creek. This boat access ramp will have a locked head policy and will be enforced by the restrictive covenants and by-laws of the homeowners association. One 'No _Sewage Discharge" sign will be posted near the ramp. Finally, an additional controlling factor is imposed by the size of the boats that are likely to be used at this small access ramp facility, which limits the size of the boats to those that are unlikely to be equipped with heads. Fueling services will not be available; therefore, the possibility of surface water contamination from fueling spillage and overflow will not be a factor. The water quality classification is SA across the AIWW where the applicant has been granted permission from the Corps of Engineers to use their spoil area for future maintenance dredging. Utilizing this area by bringing in material also dredged in SA waters will not pose a problem in terms of degrading water quality. The project area does have a closed designation and would therefore warrant a temporary closure of waters adjacent to this spoil island. The upland development facet of this project has received a stormwater certification from the Division of Environmental Management (Permit SW8960601). I Noise Levels During construction and dredging, a temporary increase in ambient noise levels can be expected. This increase will be from machinery that is typically used for similar dredging and construction projects. The highest noise levels are expected during certain brief stages. Once construction is finished, noise levels from the occupancy of the subdivision and the additional boat traffic utilizing this navigation channel will not exceed levels common to the area. K. Water Supplies The planned development will utilize the community water system provided by Cape Fear Utilities Inc. This utility system has the capacity to meet the needs of this proposed project and should not cause a strain on the current system. L. Shellfish/fish and Their Habitats Some of the more abundant species of fish that inhabit the AIW W in this location include the flounder, croaker, pinfish, spot, menhaden, mullet, lizardfish, dogfish, sheepshead, red drum, bluefish and needlefish. Crustaceans that can be found include the blue crab, stone crab and penaeid shrimp. This proposed project area is not open for shellfishing. Utilizing criteria set forth by the NC Division of Marine Fisheries, a shellfish resource of both clams and oysters exists in the undredged project area. The bottom area that is proposed to be excavated contains submerged aquatic vegetation and is classified as a Primary Nursery Area. PNAs are classified by the Division of Marine Fisheries to have the physical and chemical characteristics of a highly productive area in terms of post -larval growth for many kinds of fish and crustaceans. The applicant proposes to relay shellfish resources to an area approved by the Division of Marine Fisheries under coordination with the Shellfish Sanitation Branch of the DENR Division of Health Services. Helpful representatives from the Shellfish Sanitation Branch have expressed that the chances of this project area reopening to harvesting under current conditions are extremely slim. With this continuing closure in mind, the relocation of shellfishing resources to a harvestable area will provide benefits to the public. 10 The proposed dredging should have little impact to nekton species within the area. Noise created by the hydraulic cutter head should help keep juveniles and adult species out of harm's way. Larval animals, if present, will be impacted by this process but are considered to be an insignificant loss. The benthic community will also experience mortalities. Deprivation to the previously undredged primary nursery area will constitute the most significant loss of all discussed in this document. After project completion, it is anticipated that the habitat will recover its benthic populations with varying degrees of success over time and retain the ability to support aquatic life now common to the area. Dredging will not be preformed during April 1 to September 30, thus avoiding peak periods of biological activitywithin the system. The floating dock portion of this project will create +- 216 square feet of artificial substrata habitat. Subtidal organisms on floating docks live at the water's surface and in the sunlight without being exposed to air at low tide, a situation that is not duplicated in any other major habitat. With no tidal zonation, this less stressful environment often supports rich and diverse communities within a floating dock complex. M. Wildlife and Their Habitats The following list includes threatened or endangered species for New Hanover County: SPECIES STATUS MAMMALS Right whale (Eubaleana glaciates) Endangered West Indian manatee (Trichechus manatus) Endangered Eastern cougar (Fells concolor) Endangered REPTILES American alligator (Alligator mississtppiensis) Threatened/SA* Loggerhead sea turtle (Caretta caretta) Threatened Green sea turtle (Chelonia mydas) Threatened Leatherback sea turtle (Dermochelys corcisces) Endangered Kemp's Ridley sea turtle (Lepidochelys kempi) Endangered FISH Short -nosed sturgeon (Acipenser brevirostrum) Endangered BIRDS Bald eagle (Haliaeetus leucocephalus) Endangered Peregrine falcon (Falco peregrinus) Endangered 11 Red -cockaded woodpecker (Picoides borealis) Threatened Piping plover (Charadrius melodus) Threatened PLANTS Seabeach amaranth (Amaranthzis pumilus) Threatened Cooley's meadowru (Thalictrum cooleyi) Endangered Rough -leaved loosestrife (Lysimachia asperulaefolia) Endangered * The American alligator is listed as threatened due to its similarity of appearance with other rare crocodilians and is listed for trade purposes. The species is no longer biologically endangered or threatened and is not subject to Section 7 consultation. There is a slim possibility the sturgeon may exist in the project area. Conversations with the head Aquarist at the N.C. Aquarium at Fort Fisher concluded that it would not be likely for this species to exist there. If by chance it does, it is not anticipated that this navigation channel dredging will have a significant effect on this species. One or more species of the listed sea turtles and the West Indian manatee could stray into the project area during limited times of the year. A similar dredging project is located less than 400' north at Turtle Harbor. CAMA Major Permit #31-98 was recently issued on March 6, 1998 for the maintenance dredging of this basin and access channel. Excavation was approved not to exceed -6' MLW and can be accomplished by mechanical or hydraulic dredge in accordance with associated conditions . This project was reviewed by USFWS and NMFS as part of the comprehensive CAMA Major Permit process. This permit was issued without restrictions from those review agencies concerning threatened and endangered species. It is not anticipated that the proposed project will have an adverse effect on any federally threatened or endangered species. The entire upland facet of this project was reviewed by the Technical Review Committee of the New Hanover County Planning Board for any significant conservation resources present in the area. The preliminary plan was approved pursuant to Section 102-4 of the County Zoning Ordinance. No restrictions concerning threatened and endangered species were indicated. N. Introduction of Toxic Substances There will be several toxic substances introduced to the project area. CCA- treated wood contains chemicals to help preserve it from this harsh marine environment. There will be some toxic substances associated with the operation of a vessel. All toxic substances are industry standard and required for the protection and operation of the investments of individuals and constitute insignificant impacts to the environment. 12 O. Eutrophication of Receiving Waters The DENR Division of Water Quality recognizes the potential adverse impact of using septic tank systems in higher density areas (greater than 11,223 liters of water per hectare [ (1,200 gallons of water per acre), or greater than three residential units per acre)] in coastal regions (Powell Associates of NMB, Inc.,1993). Under the proposed project, wastewater from the residential development will be treated by the municipal system of New Hanover County. This is a more environmentally sound practice than the use of septic tanks in this proximity of an estuarine shoreline. This facility has the capacity to provide sewer service for this entire project. Wastewater from boats that contain porta-potties will be required to utilize their household system or a sanitary pump station that is regulated by DEM's Water Quality Section. No nutrient elevation is anticipated in association with this proposed project. P. Socio-Economic Resources The economy of New Hanover County consists primarily of retail and service businesses that serve the needs of permanent residents, as well as the large influx of seasonal residents. Trickle -down economics would dictate benefits in several facets of the local economy, as well as providing income for area contractors and their employees. The pre -development tax value of the existing property was assessed at $ 179,528, which contributed $ 1,148.98 each year. After project completion, this residential development will have an approximate value of $15,700,000 which would contribute $105,190 in tax -generated revenues each year. This substantial increase of 9,155% in revenue will immensely benefit New Hanover County. VII. Mitigative Measures The measures proposed to minimize or avoid significant adverse impacts of this project are briefly summarized as follows: • This project was designed to incorporate two previously dredged channels and the existing connecting channel in order to minimize impacts to coastal wetlands and Primary Nursery Areas. • In order to minimize the negative impacts of shading on coastal wetland species, the community marina access piers will be placed at least 4' above ground elevation and will not exceed 6' in width. • The floating dock portion of this project will create +-216 square feet of artificial substrata habitat. • This dredging project will facilitate the flushing of the backwater connecting channels, thereby having positive effects and improving water quality. 13 • Dredging will not be performed during April 1 to September 30, thus avoiding peak periods of biological activity within the system. • Compliance with all relevant rules of the Coastal Resources Commission must be determined prior to the issuance of the desired CAMA major permit. • This project will be required to obtain all applicable permits and must comply with Local, State and Federal rules, ordinances, and requirements. VM. Findings It is the conclusion of Estuarine Resources that the Shinn Creek Navigation Project will have minimal adverse impacts to the resources of the area and that adequate protection measures have been designed to ensure that no significant impacts occur. If this determination is confirmed by the Division of Coastal Management, a Finding Of No Significant Impact (FONSI) will be issued prior to the beginning of the project. IX. Notification/Review This Environmental Assessment will be mailed to interested Federal, State and Local agencies. The public notice function of the EA review is handled by inclusion into the state clearinghouse's Environmental Bulletin, which is posted and updated daily on the Internet at www.doa.state.nc.us/doa/clearing/clearing.htm. Agencies expected to provide comments on this document are as follows: U.S. Army Corps of Engineers N.C. Division of Coastal Management N.C. Division of Marine Fisheries N.C. Division of Environmental Management N.C. Division of Archives and History N.C. Division of Environmental Health N.C. Division of Highways N.C. Division of Water Resources N.C. Division of Water Planning N.C. Division of Water Quality N.C. Division of Parks and Recreation N.C. Division of Soil and Water N.C. Division of Land Resources N.C. Wildlife Resources Commission N.C. Division of Community Assistance N.C. Division of Air Quality N.C. Division of Forest Resources State Property Office 14 Riparian landowners will receive a copy of the associated CAMA Major Development Permit application. Copies will be sent and documented by return receipt certified mail. They will then have 30 days in which to submit written comments to the Division of Coastal Management. DCM will issue a notice of the Major Permit application in the Wilmington Morning Star as part of the public review process. NCGS 113A-119(b) requires that notice of an application be posted at the location of the proposed development. A "Notice of Permit Filing" postcard will be posted on site in a conspicuous location. X. Sources of Information CAMA Major Permit #31-98, Issued to Turtle Harbor Association, Inc. DEHNR, Classifications and Water Quality Standards Assigned to the Waters of the Cape Fear River Basin DEHNR, Division of Coastal Management, Environmental Assessment, Goat Island Endangered and Threatened Species Information, U.S. Fish and Wildlife Service and National Marine Fisheries Service, reference and telephone communication New Hanover County/Wilmington Land Use Plan 1993 Update New Hanover County Tax Appraisal Office, personal communication New Hanover County Planning Department, personal communication with Walter Avery, Senior Planner North Carolina Administrative Code Title 15 A, DEHNR, Chapter 7, Coastal Management North Carolina Office of State Planning, on-line address - http://www.state.nc.us/ospl/ Personal conversation, Mr. William Henderson, Boyce Quinn Inc. Personal conversation, Dr. Lynn A. Leonard, Assistant Professor of Geology, Department of Earth Sciences, University of North Carolina at Wilmington Personal conversation, Jason Rogers, Environmental Technician, Shellfish Sanitation, DENR Personal conversation, Joe Spitzer, Aquarist, North Carolina Aquarium at Fort Fisher USDA, Soil Conservation Service, Soil Survey of New Hanover County, North Carolina 15 APPENDIX II II < 1. \�"I�� ram~ � � �y., �/� tV'�`A? Y,� d'i'` �� � r ®S ♦t. IN WI z Wk IF A Wrc�AI jft iw- s �; r';� tip".• c p? + *, ,r%� �� �''� '�'` !•{..� ail x/ .. �i+# �, '. "r r<� �.�_ r<� 2X r» i i if- 3 y., , r r ,R ,r�.✓ v 50 14 SHINN CREEK DREDGING PROJECT £S\-- T NEW NEW PROPER TT OF: BRAD JOHNSON —� 645I SNNNW000 RD. WILMINGTCN. N.C. PROPERTY CF: ROBERTM HO-JHSWORIH PO BOX 26D2 WILMINGTON. N.C. �— PROPERLY Oi: LUCBOX 24 P F. SCHOU BOX DcwsETETTE, n uAuSx --'PROPEFFY OF: TURTLE cNss 1URTLE MALL. HARBOUR 01MJ1715 PO BOX �• 1107 WRIGHISNLLLLL' BEACH. N.0 /wesn GRA53. \� PROPERTY OF:-�/ • DAVENPORT PROPERTIES CORP. 100 EASTW000 ROAD ® UNIT la IML YALWNOiON, N.L. PROPERTY aj F. MLLIAY M. RULLMAN GIINIRD. OAWIN1ON. N.C. Nan vAX I NICK GARRETr 6310 GREENVILEE SO. GEORGE LANCASTER I 823 INLET NEW DRIVE I MARK WANGEMAN 1 821 INLET NEW DRIVE JOHN PACE I� B25 INLEr'AEW DRIVE DAN GORE 613li MORGAN70N ROAD FAYETTENLLE N.C. DREDGING PLAN 200 0 200 S-'AI.E IN FEET ELEVATIONS BASED ON LW = ()0 u NSM AASS �LOW NARK • no 4Z M.S. QIASS `_.j'7-y-�E/JSIT GA GIANI�1 SHOALED U • I 7 / TPROPOSE DREDGING TO —6.0 GRAS:� I � • � A / •/ ( / � I Y/AJI UtA:S EwsnNc CHANNEL �A(/ vfl�1 CPASS SEE $1ELT 6 OF B � 00 — `•lpy WARN 1 I 1 144 B IS MICK 1 I\\NVCLUPF l SEE SHEET SKEET BA OF 6 'MARSH GPJASS / • J OIN WARR • 0.0 j o / E05TNG CHAIN EL 3P % It If r AAW \Y c I If �\ /If 3 I/ ESTUARINE RESOURCES Environmental Consulting Wilmington, North Carolina PROJECT SITE PLAN SHINN CBOYCE QUINN INC PROJECT FIGURE 2 MARSH GRASS EXISTING RIPRAP--1<<FSS - NEW PIEk- 19 NEW RAMP PROPERTY OF: ROBERT M. PO BOX 25S WILMINGTON, MARSH GRASS I rC i' MARSH GRASS — C L J HIGH WATER +a.Ot EXISTING 60" 1� CMP CULVERT ` NEW 6'06' FLOATING DOCK KITH RAMP HOUSE i EYISTIA'G DREDGED C: ; — — — _ — — w_— - — wow - MAF'SH GRASS S L::;v: WATER = 0.0 E PROPERTY OF: WATER = +4.0f WILLIAM M. RULLMAN 6452 SHINN WOOD RD. WILMINGTON, N.C. PIER AND (RAMP PLAN c j 0 50 SCALE IN FEET IlEvATION; F'ASEO GN LY, = -0.0 ESTUARINE RESOURCES Environmental Consulting Wilmington, North Carolina DREDGED AREA #1 SHINN CREEK QUINNC.NPROJECT N FIGURE 4 DRAWN BY: WILLIAM H. WARREN, JP,. JANUARY 1995 REMSED 41 JUI_Y 1997 MARSH GRASS f,--i `\ / Oe / T C / C Yyyn'1l'\ \ i i MARSH GRASS 0 1 Ass 3 � / / y / i WATER +4.0 WATER = 0.0� Try c MARSH GRASS DREDGING PLAN 50 _ 0 50 SCALE IN FEET ELEVF.TIONS BASED ON LA' = 0.0 • J oc• , T% / I `,,—LOW WATER 0.0 i �— EXISTING CHANNEL T SHOALED x t� x�5 MARSH GRASS 1 / j—PROPOSED DREDGING TO —6.0 / x,0 / MARSH GR: x, MARSH GRASS CHANNEL ESTUARINE RESOURCES Environmental Consulting —za �2iu Wilmington, North Carolina DREDGING PLAN/CONNECTING SECTION SHINN CBOYCE DREDGING INC. PROJECT FIGURE 5 DRAWN BY: WILLIAIV. H. WARREN, JR. JANUARY 1995 HIGH WATER a +4.03 ON RETAINING WALL — HIGH WATER - +4.03 ON RETAINING WALL— Lug mml ,hy \ SIL DREDGING PLAN 50 0 50 1 SCALE IN FEET ELEVATIONS ARE APPROXIMATE o AND BASED ON LW = 0.0 0 III F- 3I DRAWN BY: N1LLIAM H. WARREN. JR. 21 JULY 1997 LOW WATER 0.0 ON IS TYPICAL ANYBSTRUCTURE MARSH GRASS 4Ic og 4/ 4 o/ o/ �P Off/ ESTUARINE RESOURCES Environmental Consulting Wilmington, North Carolina DREDGED AREA #2 SHINN CREEK DREDGING PROJECT 80rCE qu NN INC. I FIGURE 6 -EXISTING CHANNEL // P // piEkPROPOSED DREDGING \ TO —6.0 g OD 0 0 m N � Le Wa S Ly TM o o L r,. Ly / V x � Ly c I TM Nh Nh Money Island TM Nh -TM a Nh SHIAW TM C Chl ylp TM i TIM \.Jh / Nh TM TM CTM TM NN F� Nh i TM AfASOABORO INLET ESTUARINE RESOURCES Environmental Consulting Wilmington, North Carolina SITE SOILS SURVEY MAP NEW HA ER COUNTY SOIL SURVEY SHINN CREEK DREDGING PROJECT BOYCE QUINN INC. FIGURE 7 NEW HANOVER, NORTH CAROLINA 6. Murville-Seagate-Leon association Very poorly drained to somewhat poorly drained soils that have a fine sand and sand surface layer and a fine sand, sand, sandy loam, and clay loam subsoil; on uplands and stream terraces This association consists of nearly level soils in flat or slightly depressional areas on rims of depressions and on broad smooth flats. This association occupies 46 percent of the county. It is 26 percent Murville soils, 13 percent Seagate soils, and 13 percent Leon soils. Soils of minor extent make up 48 per- cent of this association and are chiefly Kureb, Lynn Haven, Onslow, Pamlico, Rimini, and Wakulla soils. Also, in areas adjacent to the towns, Urban land has been mapped with Baymeade, Kureb, Leon, and Seagate soils. The nearly level Murville soils are very poorly drained. The surface layer and subsoil are black fine sand. The un- derlying layer is pale brown. It is fine sand in the upper part, sandy clay loam and sandy loam in the middle part, and fine sand in the lower part. The nearly level Seagate soils are somewhat poorly drained. The surface layer is dark gray fine sand. The subsurface layer is light gray fine sand. The underlying layer is fine sand that is dark brown in the upper part, brown in the middle part, and light gray in the lower part. The subsoil is mottled brownish yellow sandy loam in the upper part and light gray clay loam in the lower part. The nearly level Leon soils are poorly drained. The sur- face layer is very dark gray sand. The subsurface layer is light gray sand. The subsoil is dark reddish brown sand. The underlying material is light gray sand. The major soils in this association are forested or are used as residential and industrial sites. A seasonal high water table and leaching of plant nutrients are the main limitations in the use and manage- ment of the major soils in this association. Soil Maps for Detailed Planning The kinds of soil (mapping units) shown on the detailed soil maps at the back of this publication are described in this section. These descriptions together with the soil maps can be useful in determining the potential of soil and in managing it for food and fiber production, in planning land use and developing soil resources, and in enhancing, protecting, and preserving the environment. More detailed information for each soil is given in the section "Planning the Use and Management of th Soils." Preceding the name of each mapping unit is th bol that identifies the unit on the detailed soil map. mapping unit description includes general facts about soil and a brief description of the soil profile. The poten- tial of the soil for various major land uses is estimated. The principal hazards and limitations are indicated, and the management concerns and practices for the major uses are discussed. A mapping unit represents an area on the landscape and consists of a dominant soil or soils for which the unit is named. Most mapping units have one dominant soil, but some have two or more dominant soils. A mapping unit commonly includes small, scattered areas of other soils. The properties of some included soils can differ substan- tially from those of the dominant soil or soils and thus greatly influence the use of the dominant soil. How the included soils may affect the use and management of the mapping unit is discussed. In most areas surveyed there is land that has little or no identifiable soil and supports no vegetation. This land, called miscellaneous areas, is delineated on the map and given a descriptive name. Urban land is an example. Areas too small to be delineated are identified by special symbols on the soil maps. The acreage and proportionate extent of each mapping unit are given in table 4, and additional information on each unit is given in interpretive tables in other sections (see "Summary of Tables"). Many of the terms used in describing soils are defined in the Glossary. Soil Descriptions and Potentials Ba—Bayboro loam. This nearly level, very poorly drained soil is on broad, smooth flats and in slight depres- sions on the uplands. The areas are small in size and ir- regular in shape. Most of the acreage is forested, and only a small acreage is used as residential areas. The dominant vegetation in the wooded areas consists of loblolly pine, pond pine, sweetgum, tupelo -gum, sweetbay, water oak, wax -myrtle, gallberry, greenbrier, and switchcane. Typically, the surface layer is black loam 16 inches thick. The subsoil is about 56 inches thick. The upper part is very dark gray sandy clay loam, and the lower part is mottled gray clay loam. Included with this soil in mapping are soils that are un- derlain by clay at a depth of 4 to 6 feet. The organic -matter content of the surface layer is medium. Permeability is slow, available water capacity is high, and shrink -swell potential is moderate. Reaction is strongly acid or very strongly acid throughout, unless the soil is limed. The seasonal high water table is at or near the si I - I I--- perioc ESTUARINE RESOURCES A s nk- swell Environmental Consulting tions Wilmington, North Carolina it is 1 s are e] SITE SOILS DATA Guas SHINN CREEK DREDGING PROJECT BOYCE QLLI FIGURE 8 RiN wc. lie—Baymeade fine sand, 1 to 6 percent slopes. This well drained soil is on flats and low ridges that are on the uplands and in small areas that are along drainageways but are not subject to flooding. The areas are irregular in shape. Most of the acreage is used as residential and in- SOIL SURVEY dustrial sites, and the rest is forested. The dominant vegetation is longleaf pine, turkey oak, bluejack oak, post oak, dwarf waxmyrtle, dwarf huckleberry, and pineland three -awn. This vegetation increases in density on the lower slopes along with additional species, such as hickory, American holly, red oak, black oak, and bracken. Typically, the surface layer is dark gray fine sand 3 inches thick. The subsurface layer is fine sand 33 inches thick. It is light gray in the upper part and very pale brown in the lower part. The subsoil is 22 inches thick. It is strong brown fine sandy loam in the upper part and strong brown loamy fine sand in the lower part. The un- derlying layer, to a depth of 78 inches, is mottled white and very pale brown fine sand in the upper part and very pale brown fine sand and loamy fine sand in the lower part. Included with this soil in mapping are a few small areas of Norfolk, Kenansville, Seagate, and Wakulla soils. The organic -matter content of the surface layer is very low. Permeability is moderately rapid, available water capacity is very low, and shrink -swell potential is low. Reaction is strongly acid to slightly acid throughout, un- less the soil is limed. The seasonal high water table is at a depth of more than 4 feet. Very low available water capacity, moderately rapid permeability, leaching of plant nutrients, droughtiness, and soil blowing are the main limitations in the use and management of this soil. If supplemental irrigation is not used, available moisture capacity in this soil is generally inadequate for the establishment and maintenance of most lawn grasses, shrubs, and trees. Soil conditioners may also be needed. Capability subclass IIIs; woodland group 3s. Bh—Baymeade-Urban land complex, 1 to 6 percent slopes. This mapping unit is on the flats and low ridges of the upland and in small areas that are along the drainageways but are not subject to flooding. It consists of Baymeade soils and, Urban land that are in areas so small and so intermingled that is was not practical to map them separately. About 35 to 45 percent of this mapping unit is Baymeade soils, and 30 to 50 percent is Urban land. The percentage of Urban land in the mapped areas is greater near the towns. Typically, the surface layer of a Baymeade soil is dark gray fine sand 3 inches thick. The subsurface layer is fine sand 33 inches thick. It is light gray in the upper part and very pale brown in the lower part. The subsoil is 22 inches thick. It is strong brown fine sandy loam in the upper part and strong brown loamy fine sand in the lower part. The underlying layer, to a depth of 78 inches, is mottled white and very pale brown fine sand in the upper part and very pale brown fine sand and loamy fine sand in the lower part. The Urban land part of this unit consists of areas where the original soils have been cut, filled, graded, or paved so that most soil properties have been altered to the extent that the soils cannot be identified. These areas are used for shopping centers, factories, municipal buildings, apartment complexes, or parking lots, or for other purposes where buildings are closely spaced or the soil is covered with pavement. Slope is generally modified to fit the site needs, and it generally ranges from 0 to 6 percent. The extent of site modification varies greatly. Many areas are relatively undisturbed, but other areas have been cut and filled. Included with these soils in mapping are small areas of Kureb, .Leon, Seagate, Rimini, Lakeland, Murville, Lynn Haven, and Torhunta soils. The runoff of the Urban land is greater than that of the Bavmeade soils because of the impervious cover, of buildings, streets, and parking lots. Very low available water capacity, moderately rapid permeability, leaching of plant nutrients, droughtiness, and soil blowing are the main limitations in the use and management of these soils. If supplemental irrigation is not used, available water capacity in this soil is generally inadequate for the establishment and maintenance of most lawn grasses, shrubs, and trees. Soil conditioners may be needed. Capability subclass not assigned; Baymeade part in woodland group 3s, Urban land part not placed in a woodland group. Bp —Borrow pits. Borrow pits consists of small areas where the soil has been removed and is used as a fill material around bridges, industrial sites, and other struc- tures. Areas range in size from about 2 to 15 acres, but most areas are less than 5 acres. Most areas have not been reclaimed, and areas that are revegetated were done so by volunteer stands of grasses and trees. Capability subclass and woodland group not assigned. Cr—Craven fine sandy loam, 1 to 4 percent slopes. This moderately well drained soil is on broad, smooth flats on the uplands and on short side slopes along drainageways. Areas are small in size and irregular in shape. Most of the acreage is used for residential or in- dustrial sites. The rest is used for pasture or is forested. The native vegetation is American holly, various oaks, hickory, loblolly pine, sweetgum, sweetleaf, sweet pepper - bush, waxmyrtle, and gallberry. Typically, the surface layer is dark gray fine sandy loam 8 inches thick. The subsoil is 48 inches thick. The upper part is mottled yellowish brown clay loam, the mid- dle part is mottled light brownish gray clay loam, and the lower part is mottled light gray ,clay. The underlying I., -, clay Ic ESTUARINE RESOURCES Incl Environmental Consulung of soils t Wilmington, North Carolina ace ea layer. SITE SOILS DATA Perm SHINN CeRE EE DDR`hDGI NC PROJECT I FIGURE 8 rim I. and sli gh water table is at a depth of 2 to 3 feet. The clayey texture of the lower part of the subsoil, ero- sion, seasonal wetness, and slow permeability are the NEW HANOVER, NORTH CAROLINA 7 main limitations in the use and management of this soil. A seasonal high water table and flooding are the main If drained, this soil is suited to most locally grown crops. limitations in the use and management of these soils. The main crops are corn, soybeans, tobacco, and peanuts. These soils subside if drained and tilled. Capability sub - Minimum tillage and crop residue management aid in classes VIIw•, where undrained, and IVw, where drained; maintaining organic -matter content. This soil has goad woodland group Iw•. tilth and can be worked over a wide range of moisture Ke—Kenansville fine sand, 0 to 3 percent slopes. This content, but tillage is delayed during wet seasons. well drained soil is on broad smooth flats on the uplands. Drainage is needed for most uses. Capability subclass Areas are commonly large in size and irregular in shape. IIIe; woodland group 3w. Most of the acreage is cultivated. The rest is forested or DO—Dorovan soils. These nearly level, very poorly is used for residential or industrial sites. The native drained soils are in bays and in long, broad areas of tidal vegetation consists of longleaf and loblolly pines; white, and stream flood plains. All of the acreage is used for red, black, turkey, water, and bluejack oaks; hickory; dog - woodland and as wildlife habitat. The native vegetation is wood; holly; and sassafras. red maple, willow, tupelo, cypress, sweetgum, ash, Amer- Typically, the surface layer is gravish brown fine sand ican cyrilla, and greenbrier. 3 inches thick. The subsurface laver is fine sand 30 inches Typically the surface layer is black muck 4 inches thick. thick. It is is pale brown in the upper part and mottled The underlying layer, to a depth of 64 inches, is black or very pale brown in the lower part. The subsoil is fine very dark gray muck. sandy loam 17 inches thick. It is strong brown in the Included with these soils in mapping are small areas of upper part and reddish yellow in the lower part. The un- Johnston soils and Tidal marsh. A few small areas of soils derlying layer, to a depth of 80 inches, is yellow loamy that have thin, continuous mineral layers are also in- fine sand. Included with this soil in mapping are a few small areas eluded. The organic -matter content in the surface layer is very of Norfolk and Lakeland soils. Some small areas of soils high. Permeability is very slow, available water capacity that are less acid throughout are also included. is very high, and shrink -swell potential is low. Reaction is The organic -matter content of the surface layer is very low. Permeability is moderately rapid, available water ve he strongly acid or strop 1 acid throughout, unless the capacity is low, and shrink-swellpotential is low. Reaction soils are limed. The seasonal high water table is at Is very strongly acid or strong]' acid throughout, unless near the surface. These soils are frequently flooded for this soil is limed. The seasonal high water table is at a very long periods. depth more than 0 feet. Flooding and high organic -matter content are the main h ea - Leaching of plant nutrients, moderately rapid ped limitations in the use and management of these soils. If soil blows droughtiness, low available water capacity, and soil these soils are drained and tilled, the organic matter blowing are the main limitations in the use and manage - decomposes and the soil subsides. Capability subclass meat of this soil. This soil is well suited to most locally VIIIw; woodland group 4w. grown crops. The main crops are corn, soybeans, peanuts, JO—Johnston soils. These nearly level, very poorly tobacco, and truck crops, such as squash, lettuce, cucum- drained soils are on flood plains of the major streams, bers, cabbage, snapbeans, and corn. Winter cover crops, Areas are commonly long and narrow. Most of the acre- minimum tillage, and crop residue management aid in age is forested, and some small areas have been filled and maintaining organic -matter content and conserving used for industrial and residential sites. The native moisture. Soil blowing is a concern in the management of vegetation consists of pond pine, tupelo -gum, ash, this soil. The blowing sand often causes damage to young water oak, cypress, red maple, sweetgum, American plants. This soil is droughty during periods of low rainfall. cyrilla, waxmyrtle, and gallberry. Some supplemental irrigation, soil conditioners, and fertil- Typically, the surface layer is 42 inches t It Is izers are needed for lawn grasses, shrubs, and trees. black loam in the upper part and black sandy loam Capability subclass IIs; woodland group 3s. lower part. The underlying layer, to a depth of about -151W Kr—Kureb sand, I to 8 percent slopes. This excessive - inches ly drained soil is on long,- broad ridges on the uplands. Incl ESTUARINE RESOURCES of Areas are generally broad and long. Most of the acreage Pamli Environmental Consulting Of is forested. The rest is used for residential and industrial sails t Wilmington, North Carolina 1sO sites. The sparse native vegetation on the higher eleva- includ tions is turkey oak, scattered longleaf pine, a few bluejack The SITE SOILS DATA gh' oaks, and scattered dwarf myrtle and huckleberry. Much Perm sty of the area is barren of any vegetation, except for mosses is hig ry and lichens. On the lower slopes, the vegetation increases stron SHINN CREEK DREDGING PROJECT FIGURE 8 se in density and includes various Oaks, scatterers hickory, soil~ sorcEquwNwc. or holly, and brackenfern. near the surface. These soils are frequently flooded for Typically, the surface laver is (dark gray sand 3 inches long periods. thick. The subsurface layer is light gray sand 2:3 inches SOIL SURVEY thick. The underlying laver, to a depth of 89 inches, is brownish yellow sand in the upper part and pale brown sand in the lower part. Included with this soil in mapping are small areas of Lakeland, Baymeade, Rimini, and Leon soils. Some small areas of soils that are generally at an elevation of less than 25 feet are also included. These soils have mixed mineralogy. The organic -matter content of the surface layer is very low. Permeability is rapid, available water capacity is very low, and shrink -swell potential is low. Reaction is neutral to very strongly acid throughout, unless this soil is limed. The seasonal high water table is at a depth of more than 6 feet. Very low available water capacity and rapid permeabili- ty are the main limitations in the use and management of this soil. This soil is very droughty. Irrigation, soil condi- tioners, and fertilizer are needed if lawn grasses, shrubs, and trees are to be established. Capability subclass VIIs; woodland group 5s. Ku—Kureb-Urban land complex, 1 to 8 percent slopes. This mapping unit consists of areas of Kureb soils and Urban land that are too small and too intermingled to be mapped separately. About 30 to 40 percent of the acre- age is Kureb soils, and about 30 to 35 percent is Urban land. The percentage of Urban land in the mapped areas is greatest near towns and around shopping centers. Typically, the surface layer of a Kureb soil is dark gray sand 3 inches thick. The subsurface layer is light gray sand 23 inches thick. The underlying layer, to a depth of 89 inches, is brownish yellow sand in the upper part and pale brown sand in the lower part. The urban land consists of areas where the original soil has been cut, filled, graded, or paved so that most soil properties have been altered to the extent that a soil se- ries is not recognized. These areas are now used for shopping centers, factories, municipal buildings, apart- ment complexes, or parking lots, or for other purposes where buildings are closely spaced or soil is covered with pavement. Slope is generally modified to fit the site needs and commonly ranges from 0 to 5 percent. The extent of site modification varies greatly. Many areas are relatively undisturbed, but in the process of smoothing, high areas have been cut down and low areas have been filled. Included in mapping are small areas of Lakeland, Baymeade, Leon, and Rimini soils. A few small areas of soils that have slopes greater than 8 percent are also in- cluded. Runoff from Urban land is greater than that from Kureb soils, because of the impervious cover of buildings, streets, and parking lots. Very low available water capacity and rapid permeabili- ty are the main limitations in the use and management of this unit. It is very droughty. Irrigation, soil conditioners, and fertilizer are needed if lawn grasses, shrubs, and trees are established. Capability subclass not assigned; Kureb part in woodland group 5s, Urban land part not placed in a woodland group. La —Lakeland sand, 1 to 8 percent slopes. This exces- sively drained soil is on broad, long ridges on uplands. Areas generally are large in size and irregular in shape. Most of the acreage is forested. The rest is used for re- sidential and industrial sites. The native vegetation on the higher elevations is dominantly turkey oak, bluejack oak, and sand post oak. Some scattered longleaf pine, dwarf myrtle, and huckleberry trees are also in these areas. Typically the surface layer is grayish brown sand 2 inches thick. The underlying laver, to a depth of 80 inches, is sand that is yellowish brown in the upper part and brownish yellow in the lower part. Included with this soil in mapping are small areas of Kureb, Baymeade, and Wakulla soils. The organic -matter content of the surface layer is very low. Permeability is very rapid, available water capacity is low, and shrink -swell potential is very low. Reaction is medium acid to very strongly acid throughout where this soil is not limed. The seasonal high water table is at a depth of more than 6 feet. . Low available water capacity, leaching of plant nutrients, and soil blowing are the main limitations in the use and management of this soil. The soil is very droughty. Irrigation, soil conditioners, and fertilizers are needed if grasses, shrubbery, and trees are established. Capability subclass IVs; woodland group 3s. Le —Leon sand. This nearly level, poorly drained soil is on rims of depressions, on smooth flats, and in indefinite patterns on the uplands and stream terraces. Areas are irregular in shape and are 5 to 250 acres in size. Most of the acreage is forested. The rest is used for residential and industrial sites. The native vegetation consists of lon- gleaf pine, pond pine, sweetbay, water oak, winterberry, gallberry, bracken, and, in the more nearly open areas, a dense cover of pineland three -awn and creeping blueber- ry. Typically the surface layer is very dark gray sand 3 inches thick. The subsurface layer is light gray sand 13 inches thick. The subsoil is dark reddish brown sand 24 inches thick. The underlying layer, to a depth of 64 inches, is light gray sand. The organic -matter content of the.surface layer is very low. Permeability is rapid in the surface layer, moderate to moderately rapid in the subsoil, and very rapid in the underlying layer. Available water capacity is low, and shrink -swell potential is very low. Reaction is strongly acid throughout, where this soil has not been limed. The A se ESTUARINE RESOURCES nutrien Environmental Consulting ment o Wilmington, North Carolina easily e and lib areas. SITE SOILS DATA on rims 5HINN CREEK DREDGING PROJECT e _ BOYCE QUINN � I FIGURE 8 sists of areas of Leon soils and Urban land that are NEW HANOVER, NORTH CAROLINA too small and too intermingled to be mapped sepa- Wetness is the main limitation in the use and manage- rately. About 35 to 45 percent of the mappi mt Is ment of this soil. Most lawn grasses, shrubs, and trees are Leon soils, and about 30 to 50 percent is Urb easily established and maintained. Capability subclass The percentage of Urban land is greater near to IIw; woodland group 2w. Typically, the surface layer of a Leon soil is very da Ly—Lynn Haven fine sand. This nearly level, poorly gray sand 3 inches thick. The subsurface layer is light drained soil is in broad, almost level to flat or depres- gray sand 13 inches thick. The subsoil is dark reddish sional areas on uplands. Areas are irregular in shape and brown sand 24 inches thick. The underlying layer, to a small to large in size. Most of the acreage is forested. The depth of 64 inches, is light gray sand. rest is used for residential and industrial sites. The native Urban land consists of areas where the original soil has vegetation consists of longleaf pine, pond pine, red maple, been cut, filled, graded, or paved so that most soil proper- water oak, American cyrilla, greenbrier, fetterbush, and ties have been altered to the extent that a soil series is pineland three -awn. not recognized. These areas are used for shopping cen- Typically, the surface layer is black fine sand 1S inches ters, factories, municipal buildings, apartment complexes, thick. The subsurface layer is gray fine sand 6 inches or parking lots, or for other purposes where buildings are thick. The subsoil is 34 inches thick. It is sand that is closely spaced or soil is covered with pavement. Slope is black in the upper part, black and dark brown in the mid - generally modified to fit the site needs. The extent of site dle part and dark brown and brown in the lower part. modification varies greatly. Many areas are relatively The underlying layer, to a depth of 75 inches, is pale undisturbed, while other areas have been cut or filled. brown sand in the upper part and light brownish gray Included in mapping are small areas of Seagate, On- sandy loam and dark greenish gray sandy clay in the slow, Rimini, Murville, Lynn Haven, Kureb, Lakeland, and lower part. Baymeade soils. Included with this soil in mapping are small areas of The runoff of the Urban Land part of this mapping Murville, Leon, and Torhunta soils. unit is greater than that of the Leon soils because of the The organic -matter content of the surface layer is low. impervious cover of buildings, streets, and parking lots. Permeability is rapid in the surface layer and moderate A seasonal high water table and leaching of plant and moderately rapid in the subsoil. Available water nutrients are the main limitations in the use and manage- capacity is low, and shrink -swell potential is very low. ment of this complex. Most lawn grasses, shrubs, and Reaction is strongly acid to extremely acid throughout trees are easily established and maintained. Some soil Where this soil has not been limed. Unless this soil is ar- conditioners and liberal amounts of fertilizer may be tificially drained, the seasonal high water table is at or needed in most areas. Capability subclass not assigned; near the surface during periods of heavy rainfall. This soil Leon part in woodland group 4w, Urban land part not is frequently flooded for brief periods. placed in a woodland group. A seasonal high water .table is the main limitation in Ls —Lynchburg fine sandy loam. This nearly level, the use and management of this soil. Most lawn grasses, somewhat poorly drained soil is on broad, smooth flats on shrubs, and trees are fairly easily established and main- the uplands. Areas are small in size and irregular in tained. Some shrubs and trees, such as camellias and dog - shape. Most of the acreage is used for residential or in- Mood, may be unsuited because of wetness. Capability subclasses VIIw, where ponded, and IVw, where drained; dustrial sites. The rest is mainly forested. The dominant woodland group 3w. native vegetation consists of longleaf pine, loblolly pine, Mp—Mine Pits. Mine Pits consists of strip mines in water oak, willow oak, red maple, waxmyrtle, short gall- the northern part of the county where soil material has berry, tall gallberry, and sweet pepperbush. been removed to a depth of 10 to 30 feet and the underly- Typically, the surface layer is grayish brown fine sandy ing marl has been removed to a depth of 20 to 70 feet. loam 6 inches thick. The subsoil, to a depth of 64 inches, is Active very pale brown sandy clay loam in the upper part. The Some middle part is mottled, brownish yellow, light gray, and are co ESTUARINE RESOURCES s yellowish red sandy clay loam, and the lower part is mot- enough Environmental Consulting w ly tied, light gray, brownish yellow, reddish yellow, and yel- filled w Wilmington, North Carolina h low clay loam. as typh Included with this soil in mapping are small areas of Recla SITE SOILS DATA Rains, Stallings, Onslow, Woodington, and Wrightsboro be use y soils. these a SHINN CREEK DREDGING PROJECT I e, The organic -matter content of the surface layer is low. Capabi] BOYCEQUINN INC. FIGURE 8 Permeability is moderate, available water capacity is medium, and shrink -swell potential is low. Reaction is strongly acid or very strongly acid throughout if this soil has not been limed. The seasonal high water table is 1.5 feet from the surface. Mu—Murville fine sand. This nearly level, very poorly drained soil is in flat or slightly depressional areas. Areas are irregular in shape and range from small to very large. Most of the acreage is forested. The rest is used for re- sidential and industrial sites. The native vegetation is ]on- 12 SOIL SURVEY Included with this soil in mapping are small areas of brownish yellow sandy loam in the upper part and lig Lakeland, Kureb, and Leon soils. Also included are small gray clay loam in the lower part. areas of soils that have slopes of more than 6 percent. Urban land consists of areas where the original se The organic -matter content of the surface layer is very have been cut, filled, graded, or paved so that most s< low. Permeability is moderate, available water capacity is properties have been altered to the extent that a soil s very low, and shrink -swell potential is low. Reaction is ries is not recognized. These areas are now used f. strongly acid or very strongly acid throughout where this shopping centers, factories, municipal buildings, apar soil has been limed. The seasonal high water table is ment complexes, or parking lots, or for other purpos( below a depth of 6 feet. where buildings are closely spaced or soil is covered wit Droughtiness and leaching of plant nutrients are the pavement. Slope is generally modified to fit the sk main limitations in the use and management of this soil. needs. The extent of site modification varies greatl- Irrigation, sail conditioners, and fertilizer are needed to Many areas are relatively undisturbed, other areas ha% establish lawn grasses, shrubs, and trees. Capability sub- been cut down, and still other areas have been filled. class VIs; woodland group 5s. Included in mapping are small areas of Leon, OnsloN Se —Seagate fine sand. This nearly level, somewhat Rimini, Torhunta, Murville, Lynn Haven, Kurei poorly drained soil is on broad, smooth flats on uplands. Baymeade, and Lakeland soils. Areas are irregular in shape and are small to large in Runoff is greater on Urban land than on the Seagat size. Most of the acreage is used for residential and indus- soils because of the impervious cover of buildings, street: trial sites. The rest is wooded. The native vegetation con- and parking lots. sists of turkey oak, post oak, red oak, water oak, longleaf A seasonal high water table is the main limitation i; pine, loblolly pine, waxmyrtle, gallberry, and pineland the use and management of this complex. Supplementa three -awn. irrigation and soil conditioners may be needed to establisi Typically, the surface layer is dark gray fine sand 8 lawns, shrubs, and trees. Capability subclass not assigned inches thick. The subsurface layer is light gray fine sand Seagate part in woodland group 3w•, Urban land part no: 4 inches thick. Below this to a depth of 36 inches is fine placed in a woodland group. sand that is dark brown in the upper part, brown in the St —Stallings fine sand. This nearly level to gentl% middle part, and light gray in the lower part. The subsoil, sloping, somewhat poorly drained soil is on broad smoott to a depth of 66 inches, is mottled brownish yellow sandy flats and on low ridges on the uplands. Areas are small in loam in the upper part and light gray clay loam in the size and irregular in shape. Most of the acreage is lower part. forested or is used for residential and industrial sites. The Included with this soil in mapping are small areas of native vegetation consists of longleaf pine, water oak, wil- Onslow• and Leon soils and a few small areas of soils that low oak, sweetgum, blackgum, red maple, waxmyrtle, and are poorly drained. gallberry. The organic -matter content of the surface layer is low. Typically, the surface layer is dark gray fine sand 8 Permeability is rapid to a depth of 36 inches and inches thick. The subsurface laver is light yellowish moderately slow below. Available water capacity is low, brown fine sand 6 inches thick. The subsoil, to a depth of and the shrink -swell potential is low. Reaction is medium 68 inches, is mottled light yellowish brown fine sandy acid to very strongly acid throughout where this soil has loam in the upper part. The middle part is mottled light not been limed. The seasonal high water table is about 1.5 gray and light brownish gray fine sandy loam, and the to 2.5 feet below the surface. lower part is mottled pale yellow loamy fine sand and fine A seasonal high water table is the main limitation in sandy loam. the use and management of this soil. Supplemental irriga- Included with this soil in mapping are small areas of tion and soil conditioners may be needed to establish Leon, Lynn Haven, Seagate, and Rimini soils. lawns, shrubs, and trees. Capability subclass IIIw; Th :- low, woodland group 3w. Sh—Seagate-Urban land complex. This mapping unit Pe ism ESTUARINE is is on broad, smooth flats on uplands. It consists of areas stro Environmethis n of Seagate soils and Urban land that are too small and soil i Wilmington,to too intermingled to be mapped separately. About 35 to 45 J�Rcity 2.5 f percent of the mapping unit is Seagate soils, and about 30 A SITE SOILS DATin to 50 percent is Urban land. The percentage of Urban the ses, land is greater near towns. shruSHINN CREEK DREDGING PROJECTain- Typically, the surface laver of a Seagate s is dark Lain BOYCEQUINNINC. sed gray fine sand 8 inches [hick The subsurfa r is during ong dry spe s. Capablllcy subodland light gray fine sand 4 inches thick. Below this, to group 2w. of 36 inches, is fine sand that is dark brown in the up . TM —Tidal Marsh. This land type is on the nearly level part, brown in the middle part, and light gray in the flats between the coastal dunes and the interior uplands lower part. The subsoil, to a depth of 66 inches, is mottled and along the Cape Fear River near Wilmington. Many NEW HANOVER, NORTH CAROLINA 13 areas are flooded daily by tides. Further inland the sea- water is diluted with freshwater. Some areas are pro- tected from the seawater by long expanses of sand dunes that do not have inlets from the ocean. The water table is at or above the surface most of the time. Most of the acreage is used as natural habitat for shore and water birds, and some areas are used for shellfish gardens. Many areas are being dredged, filled, and converted to summer cottage sites and recreational areas. The domi- nant vegetation in areas that are flooded daily by salt- water is smooth cordgrass. Further inland, in areas that are flooded by seawater that has been diluted by fresh- water, the vegetation is a mixture of smooth cordgrass and black rush. Typically, the surface laver is black clay loam about 18 inches thick. The underlying layer is very dark gray and black silty clay loam to a depth of more than 60 inches. Included with these soils in mapping are areas along the Intracoastal Waterway that are sandy because of the deep dredging. The organic -matter content of the surface layer is high. Reaction is neutral to mildly alkaline. In the areas flooded by saltwater, sulfur content is 80 to 130 parts per million and salt content is 1 or 2 percent. Capability subclass VIIIw; woodland group not assigned. To—Torhunta loamy fine sand. This nearly level, very poorly drained soil is on broad smooth flats and in slight depressions on the uplands. Areas are small to large in size and irregular in shape. Most of the acreage is forested. The rest is used for residential and industrial sites. The native vegetation consists of loblolly pine, pond pine, bay trees, red maple, water oak, gum', waxmyrtle, and gallberry. Typically, the surface layer is 20 inches thick. It is black loamy fine sand in the upper part and very dark gray loamy fine sand in the lower part. The subsoil is mottled light gray fine sandy loam 26 inches thick. The underlying layer, to a depth of 64 inches, is mottled light gray fine sand. Included with this soil in mapping are small areas of Stallings, Murville, and Pantego soils. The organic -matter content of the surface layer is medium. Permeability is moderately rapid, available water capacity is medium, and shrink -swell potential is low. Reaction is extremely acid to strongly acid throughout where this soil has not been limed. The seasonal high water table is at or near the surface. This soil is frequently flooded for long periods. A seasonal high water table and flooding are the main limitations in the use and management of this soil. Most lawn grasses, shrubs, and trees are generally easily established and maintained. Some shrubs and trees may be unsuited to this soil because of wetness. Capability subclasses Vw, where undrained, and IIIw, where drained; woodland group 2w. Ur —Urban land. Urban land consists of areas where the original soil has been cut, filled, graded, or paved so that most soil properties have been altered to the extent that a soil series is not recognized. These areas are now used for shopping centers, factories, municipal buildings, apartment complexes, or parking lots, or for other pur- poses where buildings are closely spaced or soil is covered with pavement. Included in mapping are a few small areas between buildings where the soil has not been altered. Also in- cluded are parks and other areas within the city of Wilmington. Some of the areas between buildings are used for small lawns, gardens, and shrubbery. Capability subclass and woodland group not assigned. Wa—Wakulla sand, 1 to 8 percent slopes. This somewhat excessively drained soil is on broad smooth flats on the uplands. Areas are small to large in size and irregular in shape. Most of the acreage is forested. The rest is used for residential and industrial sites. The native vegetation on the higher elevations consists of longleaf pine, loblolly pine, post oak, bluejack oak, turkey oak, dwarf huckleberry, and myrtle. On the lower elevations, the vegetation increases in density and includes hickory, holly, water oak, blackjack oak, and a few dogwood trees. Typically, the surface layer is grayish brown sand 2 inches thick. The subsurface layer is light yellowish brown sand 28 inches thick. The subsoil is strong brown loamy sand 18 inches thick. The underlying layer, to a depth of 64 inches, is strong brown sand. Included with this soil in mapping are a few small areas of Kureb, Baymeade, Kenansville, Lakeland, and Rimini soils. The organic -matter content of the surface layer is very low. Permeability is rapid, available water capacity is very low, and shrink -swell potential is low. Reaction is strongly acid or medium acid throughout where this soil has not been limed. The seasonal high water table is below a depth of 6 feet. Droughtiness, slope, and rapid permeability are the main limitations in the use and management of this soil. Supplemental irrigation and fertilizers are generally needed to establish and maintain lawn grasses, shrubs, and trees. Capability subclass IIIs; woodland group 3s. Wo—Woodington fine sandy loam. This nearly level, poorly drained soil is on broad smooth flats on the uplands. Areas are small in size and irregular in shape. Most of the acreage is forested or is used for residential and industrial sites. The native vegetation consists of loblolly pine, longleaf pine, pond pine, sweetgum, water oak, is, A TypESTUARINE RESOURCES Typi e sandy Environmental Consulting 65 inches, Wilmington, North Carolina in the une sandy SITE SOILS DATA Ile brown Incl SHINN CREEK DREDGING PROJECT of BOYCEQUINN INC FIGURE 2-matter content of the surface layer is iow. is moderately rapid, available water capacity NEW HANOVER, NORTH CAROLINA 13 areas are flooded daily by tides. Further inland the sea- that a soil series is not recognized. These areas are now water is diluted with freshwater. Some areas are pro- used for shopping *centers, factories, municipal buildings, tected from the seawater by long expanses of sand dunes apartment complexes, or parking lots, or for other pur- that do not have inlets from the ocean. The water table is poses where buildings are closely spaced or soil is covered at or above the surface most of the time. Most of the with pavement: acreage is used as natural habitat for shore and water Included in mapping are a few small areas between birds, and some areas are used for shellfish gardens. buildings where the soil has not been altered. Also in - Many areas are being dredged, filled, and converted to cluded are parks and other areas within the city of summer cottage sites and recreational areas. domi- Wilmington. Some of the. areas between buildings are nant vegetation in areas that are flooded dail It- used for small lawns, gardens, and shrubbery. Capability water is smooth cordgrass. Further inland, in areas subclass and woodland group not assigned. are flooded by seawater that has been diluted by fres - Wa—Wakulla sand, 1 to 8 percent slopes. This Hater, the vegetation is a mixture of smooth cordgrass somewhat excessively drained soil is on broad smooth Ind black rush. flats on the uplands. Areas are small to large in size and Typically, the surface layer is black clay loam about 18 irregular in shape. Most of the acreage is forested. The snches thick. The underlying layer is very dark gray and rest is used for residential and industrial sites. The native )lack silty clay loam to a depth of more than 60 inches. vegetation on the higher elevations consists of longleaf Included with these soils in mapping are areas along pine, loblolly pine, post oak, bluejack oak, turkey oak, the Intracoastal Waterway that are sandy because of the dwarf huckleberry, and myrtle. On the lower elevations, Jeep dredging. the vegetation increases in density and includes hickory, The organic -matter content of the surface layer is high. holly, water oak, blackjack oak, and a few dogwood trees. Reaction is neutral to mildly alkaline. In the areas flooded Typically, the surface laver is grayish brown sand 2 by saltwater, sulfur content is 80 to 130 parts per million inches thick. The subsurface layer is light yellowish Ind salt content is 1 or 2 percent. Capability subclass brown sand 28 inches thick. The subsoil is strong brown JIIIw•; woodland group not assigned. loamy sand 18 inches thick. The underlying layer, to a To—Torhunta loamy fine sand. This nearly level, very depth of 64 inches, is strong brown sand. )oorly drained soil is on broad smooth flats and in slight Included with this soil in mapping are a few small areas lepressions on the uplands. Areas are small to large in of Kureb, Baymeade, Kenansville, Lakeland, and Rimini size and irregular in shape. Most of the acreage is soils. forested. The rest is used for residential and industrial The organic -matter content of the surface layer is very sites. The native vegetation consists of loblolly pine, pond low. Permeability is rapid, available water capacity is line, bay trees, red maple, water oak, gum; waxmyrtle, very low, and shrink -swell potential is low. Reaction is and gallberry. strongly acid or medium acid throughout where this soil Typically, the surface layer is 20 inches thick. It is has not been limed. The seasonal high water table is )lack loamy fine sand in the upper part and very dark below a depth of 6 feet. gray loamy fine sand in the lower part. The subsoil is Droughtiness, slope, and rapid permeability are the mottled light gray fine sandy loam 26 inches thick. The main limitations in the use and management of this soil. inderlying layer, to a depth of 64 inches, is mottled light Supplemental irrigation and fertilizers are generally Fay fine sand. needed to establish and maintain lawn grasses, shrubs, Included with this soil in mapping are small areas of and trees. Capability subclass IIIs; woodland group 3s. Stallings, Murville, and Pantego soils. Wo—Woodington fine sandy loam. This nearly level, The organic -matter content of the surface layer is poorly drained soil is on broad smooth flats on the -nedium. Permeability is moderately rapid, available uplands. Areas are small in size and irregular in shape. water capacity is medium, and shrink -swell potential is Most of the acreage is forested or is used for residential ow. Reaction is extremely acid to strongly acid and industrial sites. The native vegetation consists of hroughout where this soil has not been limed. The loblolly pine, longleaf pine, pond pine, sweetgum, water seasonal high water table is at or near the surface. This oak, is, soil is frequently flooded for long periods. A seasonal high water table and flooding are the main imitations in the use and management of this soil. Most lawn grasses, shrubs, and trees are generally easily !stablished and maintained. Some shrubs and trees may ie unsuited to this soil because of wetness. Capability oubclasses Vw, where undrained, and IIIw, where drained; woodland group 2w. Ur —Urban land. Urban land consists of areas where ;he original soil has been cut, filled, graded, or paved so that most soil properties have been altered to the extent ESTUARINE RESOURCES l ypI Environmental Consulting sandy Wilmington, North Carolina i inches, n the u ne SITE SOILS DATA sandy le brown Incl SHINN CREEK DREDGING NC. PROJECT FIGURE 8 of Wrigh BOYCE The organic -matter content of the surface layer is low. Permeability is moderately rapid, available water capacity •(� �- xL o •r 0 lT CONCRETE BOAT RAMP 18'WIOE x 50' LONG — (PERMIT gNC:72-82T) (6 NOV 1996) HIGH WATER=+4.0 EXISTING 60" _MP MARSH GRASS COI'IMON I I I I AREA ACCESS ROAD (EXIS AN„ I I 78' - OIRT ROAD) I 1 2_ 16' 08')' 12' o PIER DECK FLOATING DOCK 6' WIDE x0 f^ 1^ I^� °o 0°o CO3° o oo 1.1 ppcoo�o�oa00 O11111 CLOT ` °°_iim�lDpcC no Y Y; I EXISTING RIPRAP TO BE I �II OVERLAYED WITH NEW RIPRAP h G Q. I HIGH WATER-F4.0 1----LOW WATER=0.0 RETAINIIIG WALL (T)'P) IRON POST 12' �6��� ~-- PI IFR DECK Him MARSH OR PILE I"=20' GUIDE PILE 36' FLOATING DOCK 6' WIDE EXISTING GROUND —8.0 O-O O _--HIGHW WATER+4.0 _____ __________ _6 RCP SCALE: 1"=20' ESTUARINE RESOURCES 50't Environmental Consulfing NEW CONCRETE SLAB WITH RETAIN114G WALL Wilmington, North Carolina SECTION F1 RAMP AND PIER PLAN SCALE: 1 "=20' 20 10 0 20 SHINN CREEK DREDGING PROJECT FIGURES BOYCE QUINN INC. �— ==_�== Sr:ALE IN FEET DRAN4! BY: WILLIA.M H. WARREN, JR. JA.NUARY 1995 RF14CF9 21 JI11 Y 1g97 SECTION E SCALE: 1 "=20' 20 10 0 20 SCALE IN FEET TYPICAL PIER SECTON NOT TO SCALE c4" POST 2"x6" 2"x6" STRINGERS ON 2'-0" CENTERS 2"x10" (DOUBLE) GALV. BOLT W/WASHERS AND SPIKED 6" DIA. TREATED PILE ON 6'-0" CENTERS BOTTOM VARIES 6' MIN. PENETRATION BELOW HARD BOTTOM ESTUARINE RESOURCES EnAronmental Consulting Wilmington, North Carolina TYPICAL PIER SECTION SHINN CBOYCE QUINONGIINC PROJECT I FIGURE 10l DRAIWI BY: WILLIAM H. WARREN, JR. JA.NUARY 1995 PEMSED 21 JULY 1997 ;RASS - ---� - I-w-=+4.0- - I EXISTING BOTTOM VARIES SECTION D GE OF EXISTING STRUCTURE )CK, PIER, GAZEBO, ETC. EXISTING BOTTOM VAR EXISTING B( ' CUT TO -6.0 SECTION C SECTION B i CUT TO -6.0 HW==+Aa — ----LW _0_0 CUT TO -6.0 riML+4.� LW=0.0 GRASS SECTION A ESTUARINE RESOURCES SCALE: 1"=10' Environmental Consulting ELEVATIONS BASED ON LW = 0.0��AWilmington, North Carolina DREDGING CROSS SECTIONS SHINN CBOYCE QUINN INC. PROJECT FIGURE I I DRAWN BY: WILLIAM H. WARREN, JR. JANUARY 1995 SHINN CREEK DREDGING PROJECT BOYCE QUINN INC. FIGURE 12 4 . } `,Cyr -,'�'8 � •:� � a a b'SHINN CREEK DREDGING •. BOYCE QUINN INC Z 5LT ti '� 68'9T-Zj 97 a„N1•°=800' . 11 8-95 N� ,f if f ' 1 t i l I 6 9 I OWN ks; 7' •!V Environmentaol Consulting ro Wilmington, Nrth Calina FUTURE SPOIL AREA LOCATION 1�2SHINN CREEK DREDGING PROJECT BOYCE QUINK INC FC-1 62 FC-26 FC-25 antrations (CFU/100 mL) at Futch Creek ! 1994 - March 1995) vs concentrations after mths of active dredging (April 1995, April and FC-20 FC-19 3P * After % Reduction FC-18C FC-17 ! 1 66% 3 0% 5 58% 9 59% 45 58% 194 48% 383 38% 19 60% F( Futch Creek lcm= 110m North PHIS PAGE WERE TAKEN REPORT NO. 98-01 MENTAL ANALYSIS iTY TIDAL CREEKS I I Atlantic Int ESTUARINE RESOURCES Environmental Consulting Wilmington, North Carolina Futch Creek Sampling Stations I I Average Fecal Coliform Concentrations CRBOYCEE QUIINN IN PROJECT I FIGURE 181 CORK • RADII IRI BfLTJ r,NSLNr LENOTN /rl LENO TN2l CtlRV£ I TJO_.00' J9.Oe'f0" eL e9' IJE.9e_ 9]0.00' Io•aT'oe• ea]r 1e20J• Tj /9•]r!Z• uT.16' 11xrr e1O.00• T•'/I'.! I T]0.00' ' Nii(em.[rii i[[rw.l _ � w : � I0 T i .° W i .a° � ., R - .° ,. � i .° .. Nw� ( .° ., i .,rN .. W..]Q..r(M• i i � .°[, L yyy' 19C1! J O-T6'TO"F [!]9l]' Q ( T- m( 6'] 14;]e q 9YIi . i 1 . _ •° _ �Cf' 1 _ 1 �• `\ `V I V`1® , J.YA dill ' - N']el `\ v {- Q7 . 1 © !® I 1 e»r_, •; / I ©�I 1 1.,-,., •' ,: Y LV [ N.I.Oev /Wr6' ] T< .»Rs ro t wrzxmlrLRa E01 AW.nwnwn L ZONE: TO A 6ROsr ACRES. JCREs. JCRFS - RES JBOV£YX 'c JCRF36[LOWY.Hw&.W[. ]. ronL No. of[Drs.Iz I. WArERSERV/CErOBCPROV/OFBerMOlVroudLW'£LLS. ] SIN/rARY SEWER rO ee P.PoY/BFa 6r N£w NJNa VER coUNrl. C M/Y6FR5 ShOWN INYS �l REFER TO LOTNNYBERS L NCY6[RS SMWM rz. Lp•CRCFFR rO SJN/TJRr SFwER STRUMAC5. 6. NIN6IRS SNOWN mus RFFCR TO ORd/Nd6f SrA,VCTYRES. 9. ROIOS JR£rO B£PR/VJ M. CO. NO VFN/CYLRR ACCESS TO SN/NNWO°B ROAD /SAIL]) FROM L OTS /,TSS.QI/6 IS. N A PORTION OF )X£ PR£M/SFS JNRVCVFB /S LOG. W/r" J "BOB HAZARD TOV£ ACCORDING TO THE FLOOD /NSYRAWC YAP FOR MEW NAN,V COW". NO. fCOYYI/M/Tr PANEL YAP NA J70/66 0011 C. P£V. 09/K/99Sf, /T. ALL Yr/L/rlfS INSTALLED W/rN/N ROAD.. r. R/ONTS • Of - WAYS SNAIL 6E CONSTROCTEB IN ACCORDANCE W/ZN rNE NO BOARD OF »IANSPORTARON PVBL/CAr/ON ENTMEB 'POLICIES AND PROCEDURES -W ,XIN TNCM/6NWA1 RI6119 - OF- WAM 0 v..em. ra iAKl� ize 7Y� ( [T jo .l1 ^'!` ltllhil IjL IQ «:i%ainrw ' N IS'1]'42"W py[J 1 CM. l6J.]6' iuN r, M N QSI NJT91'b- ESTUARINE RESOURCES Environmental Consulting —_ZA Wilmington, North Carolina TOPOGRAPHIC SURVEY MAP SHINN CREEK CDRREDIGIN PROJECT FIGURE 3 1 •.I I oL0 p' IY 9\`Ij II IX�xO../ pp 1 I xrwinlw is fSJ/9011 W �_„IR M]J']JO.1W oil \O sl p el5gol y 1' RRP' SrM'( A yr • A'1 .N. kerj: y y � y N 6l' I/'TS-W OID.IT S. A. . FRELWINARY PLAN W, Q» MYN SHINN CREEK ES TA TES ' NARN£rr rOWNSN/P NfWNANOVERc0Lwrr \ NORTNCAROCWA OEVECOPEO BY. 00 rCE OWNS 66/SCOVEPO/Nr OR/VE w••'•+.., �y.t.MS VR04x}�•I W/CNINOTON NO. 26109 i',',,6fai / i SGLE:/"L;OO• uVECCMBER,/991 1111 f �t sFJ\...'Kiyti •. • .,,anon• .� ' 1 YI RO ANDREWj If. N.C. REVI9TRAMNN., l])/ 9NERW'N 0. CRI66 WILYINerO NC NC. REi LAND SURKTD° Nu. 1-/099 - //14 SNI/ IRO 6LVD, W/CYMGIQV. NC SNEfr/C'Fe _-_ __�_:__� �__�_ �__�_� ____-_ _•_ _�,_ AVAILABLE SPOIL AREA - i j -- ,fly �� /h' ....._. � t \• _. ./r -� " �'\ `"�.. .. d "••:•G � :iY�C._ �-'-?r°w:- - :. _ '`•:. - 1. r � �---� -^�y��L—��..ti."' � ,:��� r.::•". - •—% lip � 'd t. \c• .. . .�. .M.y"/-' 'c :�0.'~`* �I1 .... I ` � C� -I-- .�..._ v (' I 7'/,�� �i ,��,! .•�,�I, is i.. ' '� 13 ' CWIAIAIIA/nnn DnAn til z W Y `o W 0 W 0 d ten' H I SILT FENCE ALL AROUND STILLING BASIN TYPICAL SPOIL AREA SECTION NOT TO SCALE EARTH RETAINING DIKE STILLING BASIN y) SPILLWAY PIPE - Z I kzIt )[-UIL AREA LOCATION 300 0 300 \ ' SCALE IN FEET In SP)LLWAY =PIPE TO, . BEeOND LOW WATER II I -mow` II ESTUARINE RESOURCES Environmental Consulting Wilmington, North Carolina SPOIL AREA LOCATION SHINN CREEK OYCE QU NN INC. PROJECT I FIGURE 151 DRAWN BY: WILLIAM I -I. WARREN, JR. MASONBORO SOUND Area B-6 (Map 45) Cu ~y NEW HANOVER COUNTY PROHIBITED AREA (Prohibited areas are shaded) (Temporary Closures are Cr tsfjed�}..a t o ry � R o N r _ m'� to ^ % to ,n Sz �i d .4 i" t -fo s of A s 0 r a O c s v �O v 4 � m 3 Pl ./ ESTUARINE RESOURCES Environmental Consulting Wilmington, North Carolina SHELLFISH CLOSURE AREA SFIINN CRK QUINN INC. PROJECT FIGURE 16 Rev. 6/13/91 Rev. 6/21/84 Rev. 10/78 Rev. 3/15/78 GHG WRIGHTSVILLE BEACH AREA PROHIBITED AREA .-NEW HANOVER COl Map 44 (Prohibited areas are shaded) n x ,AREA B-7 1- 41: u n \( vt �.Jac N ,/\ 1'� 17 fr JNY ron`�1 .v N 3 N 1. O f QQ `)•.< fK�ep lyll _.- ej te ��r J yapn ins/ Sf1A ♦ ' f �t C , g C All 3NJ) UJJYXJY7Y3U S.'1 71iUa_ O.n.l .•.,. �I .�.t M<<iu+ M.n I IL e • I�i .Jc'J^�1fV'`'rR ` .. Ci i� a� y E� �+f.:' Rev . L 04/18/86 rD Tech. Rev. 05/27/66 do i mvs > �Q 03/25/87 ,.� d mLL Ct o" Rev. �� �- �� P�oe4,airEo �•., � � •' 04/15/87 ♦'i a . b .1 10/09/ 7 .: AREA a PROS f BITTED oa%ia/89 AREA 11 12/06/91 1 11 08/26/93 it PA. X1'lZ 07VA-1 No person shall take or attempt to take any oysters or clams, or possess, sell, or offer for sale, any oysters or clams taken from the following areas, at any times fSee back of sheet for continued description.S I All those _waters in Middle Sound bounded on the southwest by a line beginning at Money Point iJ at 340 121 0011 N - 770 491 241' W; thence to a point on the northeast shore of the ICWW at 340 121 00" N - 770 491 1811 W; thence following the shoreline in,a northeasterly direction to a point at 340 121 2411 N - 770 491 o811 W; thence across the channel to a point at 340 12, 2811 N - 770 499 0510 W; thence following the shoreline in an easterly direction to a point at 341 221 3011 N - 770 481 4011 W; thence across the channel to a point at Borrow Pit at 340 121 2711 N - 7711 481 3611 W; thence southeasterly following the shoreline to a point at 3410 121 1211 N - 77° 481.2011 W; thence in a straight line across Banks Channel to a point at 340 121 0311-N - 77° 481 0811 W; thence following.the shoreline in a northeasterly direction to a point at 34° 131 2611 N - 770 471 2211 W; thence in a straight line to a point on the east shore of the ICWW at. 340 131 5011 N - 770 471 5711 W; near ICWW Fl. Beacon J125; thence in a southwesterly { direction along the shoreline to a point at 341 131 28f1 N - 77' 481 201, W; thence in a straight line across the ICWW to a point on the northwest shore at 3410 131 30i1 N - 770 481 23t1 W; thence following the shoreline in a. southwesterly direction back to the point of Home creek - All those waters in Howe Creek bounded by a line beginning at a point on the mainland at 340 15' 07" N - 770 46' 53" W; thence in a southeasterly direction to a point on _ the northwest side of the maintained channel of the Intracoastal Waterway at 340 15' 061' N - 77° 46' 52" W; thence in a straight line in a southwesterly direction to a point along the ICWW channel at 340 14' 42" N - 770 47' 13" W; thence northwesterly to a point on the mainland at 340 14' 49" N - 77° 47' 23" W; to include all of Howe Creek. In all of the waters of Page and Fibbs Creeks north and west of a line drawn from a point on the east shore of Page Creek 340 16' 50" N - 770 464 43" W; thence 2240 M, 400 yards to a point on the west shore of Page Creek 340 16' 40" N - 770 46' 53" W. Shinn Point - All those waters within the docking facilities at Shinn Point and extending beyond the dockage facilities 200 feet. Turtle Harbour - All those waters within the marina at Turtle Harbour and extending beyond the docking facilities 275 feet. Harrelson's cakwinds Marina - All those waters within the creek at Harrelson's Oakwinds Marina and extending beyond all docking facilities in the creek 400 feet. Johnson Marina - All those waters within Johnson Marina and extending beyohd the dockage facilities 275 feet. Canady's Marina - All those waters within 200 feet of Canady's Marina. Figure B Harbour - All those waters within 100 feet of the docking facilities at Figure 8 Harbour. Figure a Island Marina - All those waters within Figure 8 Island Marina and extending beyond the dockage facilities 325 feet. Wrightsville Beach (Banks Channell Area - All those waters beginning'at a point on shore near Masonboro Inlet at 340 11' 32" N - 7711 48' 33" W; thence off shore 250 feet in a northwesterly direction; thence in a northeasterly direction parallel to the Banks channel shoreline on Wrightsville Beach to the Wrightsville Beach closure Tine. 1YL. Atlantic Intracoastal Waterway Figure 1.2. Futch Creek sampling stations. W Table 4.5. Average fecal coliform concentrations (CFU/100 mL) at Futch Creek sampling sites before dredging (August 1994 - March 1995) vs concentrations after dredging (May 1995 - March 1997). Months of active dredging (April 1995, April and May 1996) are excluded. Station Before After % Reduction FC-2 3 1 66% FC-4 2 3 0% FC-6 12 5 58% FC-8 22 9 59% FC-13 106 45 58% FC-17 376 194 48% FC-20 620 383 38% FOY 47 19 60% THE FIGURES PRESENTED ON THIS PAGE WERE TAKEN DIRECTLY FROM CMSR REPORT NO.98-01 "A FOUR YEAR ENVIRONMENTAL ANALYSIS OF NEW HANOVER COUNTY TIDAL CREEKS 1993-1997" ESTUARINE RESOURCES Environmental consulting Wilmington, North Carolina Futch Creek Sampling Stations I I Average Fecal Coliform Concentrations SHINN CRBOYCEE DREDING PROJECT I FIGURE 181