05-26D Nixon Creek Dredging Project Inc

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©�r JUL 1 1 2005
NCDENR
North Carolina Department of Environment and Natural ResMwhead City DCM
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 11, 2005
Nixon Creek Dredging Project, Inc.
C/o Mr. Ron Worthington, Registered Agent
447 White Heron Cove Road _
Hampstead, NC 28443
RE:RESTORATION ACCEPTANCE — CAMA VIOLATION #05-26D
Dear Mr. Worthington:
This letter is in reference to the Notice of Violation # 05-26D sent to you dated April 11, 2005 for the
discharge of dredging material into Coastal Wetlands within the Estuarine Shoreline and Public Trust
areas in or near Nixon Creek at Old Point Development, Hampstead in Pender County, North Carolina.
This unauthorized activity constituted development and you were requested to restore the area in
accordance with the North Carolina Administrative Code, Title 15A, Subchapter 7J.0410, which states in
part that any violation involving development which is inconsistent with guidelines for development
within Areas of Environmental Concern (AEC) must be corrected by restoring the project site to pre -
development conditions to recover lost resources or to prevent further resource damage.
Fritz Rohde with Marine Fisheries conducted a site visit at the aforementioned property on July 6, 2005 to
inspect the restoration of the unauthorized activity addressed in the Notice of Violation 05-26D. Based on
this inspection, it appears the restoration is accomplished to the satisfaction of this Division. Upon my
submission of an enforcement report, you will be notified as to the amount of the civil penalty for
undertaking this unauthorized activity within an Area of Environmental concern.
Please be advised that before further dredging can resume, all original application design criteria and
permit conditions must be met. An inspection must also be scheduled and performed by personnel from
this office to verify site conditions before work can begin.
Thank you for your attention and cooperation in this matter. If you have any questions pertaining to this
matter, please feel free to call me at 910-796-7292.
Si?eStenberg
r S,�
GC�t"4
Coastal Management Representative
Cc:Ted Tyndall, Assistant Director, DCM yM
Jim Gregson, District Manager, DCM
Roy Brownlow, Compliance Coordinator, DCM
Fritz Rohde, Marine Fisheries
Rich Carpenter, Marine Fisheries
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper

JUL-07-2005 14:35 YACHT 1 9103621411 P.01
910362.1211
e r •," '�� "The one source torCarver Yachts In the Carolina's' 910.362.1411 Fax
�• —✓ Yacht•1.com 1552 Point Harbor Rd
Wilmington, NC 28401
To: Mr. Roy Brownlow
Fax Cover Sheet
Fax:
Date:
Re:
From: Ron Worthln ton Pages;
® Urgent ® For Review ❑ Please Comment
252-247-3330
July 7, 2005
Nixon Creek Dredging
1@ Please Reply ® As Requested
Comments: Please see letter regarding Nixon Creek Restoration (LAMA Violation #05-26D)
Your Immediate attention will be greatly appreciated
CE —
C A R V E R'
Y A C k T 5

JUL-07-2005 14:35 YACHT 1 9103621411 r.0a
Nixon Creek Dredging Project, Inc.
447 White Heron Cove Road
Hampstead, NC 2844
Mr. Gale Stenberg Coastal Management Representative
NCDENR
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
RE: Nixon Creek CAMA violation #05-261)
Your letter dated June 14, 2005
Dear Gale,
I was advised on the morning of July 6, 2005, by Mr. Ross (The Dredger) that the
restoration of the affected Side Bay has been completed! This was done in accordance
with your detailed drawing and within the staked area as set forth by you in your letter
dated June 14, 2005. Before contacting your office, I personally Inspected the subject
area at low tide on July 6"' at 3:00 pm. Upon arriving at the site, I found Mr. Fitz Rhody
of Marine Fisheries already In the Bay Side area. I also had with me the colored photos
provided by you prior to the restoration and It was clear when comparing the before
and after condition, that this time the restoration was performed properly. Mr. Rhody,
after wading into the now deep water, said that he was also satisfied and would
forward his findings on to you.
Since July 15 Is quickly approaching, I respectfully request your response, as soon as
possible regarding this Issue.
Sincerely,
Ron Wst#W§ton
NIXON CREEK DREDGING PROJECT, INC.
RW/cm
CC: Jim Gregson, District Manager, DCM
Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Rich Carpenter, Marine Fisheries
Fitz Rhody, Marine Fisheries
TOTAL P.02

Re: Nixon Creek -Restoration Extension
Subject: Re: Nixon Creek -Restoration Extension
From: Gale Stenberg <Gale.Stenberg @ ncmail. net>
Date: Wed, 15 Jun 2005 10:31:04 -0400
To: Roy Brownlow <[e-mail]>, Jim Gregson <[e-mail]>
Hi Roy,
Just a note to let you know that Mr Worthington has picked up his copy of the
Restoration Deadline Extension this morning. His wife is in surgery today but plans
on moving on ASAP and will. notify us to let us know; I(who, what, where and when).
Thanks, Gale
Roy Brownlow wrote:
Jim and Gale:
Please review the draft for the NIxon creek restoration extension.
Gale - please enclose with it, the 6 pages of your map drawings and creek bottom
delineation.
Please call Ron, have him come by the office, and hand -deliver the letter.
You can find the letter on the T drive at: T:\Wilmington\Violations &
Investigations\Nixon Creek site - 05-26D\Nixon Creek -restoration extension
Thanks,
r
*Roy Brownlow, Compliance Coordinator**
**NC Division of Coastal Management* <http://www.nccoastalmanagement.net/>
400 Commerce Ave.
Morehead City, NC 28557
Phone: [phone] FAX [phone]
Toll Free: 888.912.CAMA
DCM Logo <http://www.nccoastalmanagement.net/>
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JUN-14-2005 08:10 From: To:4 P.1/20
State of North Carolina
Department of Environment and Natural Resources
Wilmington Regional Office
Michael F. Easley, -Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: l lyloj
To: d
CO:
FAX # /- ].S3rau.7 - ?330
REMARKS:
No. Of Pages:
From: 4a.t.
CO:
FAX#: [phone]
127 Cordlital Orivo Extonslon, Wllmington, N.C. 20409.7046 Tolophono 1010) 700.7290 Fox (910) 306S064
An Equal Opportunity AHlrmativo Antlon Employar
On April 4, 2005, CAMA Violation 05-26D was issued which required that all work stop until the requirements of
the restoration plan were completed. The violations identified included the discharge of sedimentation into one of the side
bay areas of Nixon Creek and coastal wetlands.
On May 12 & 13.1005, Jean Conway from Marine Fisheries, Stephanie Garrett from Surface Water Protection and
I were onsite at this project location to investigate the attempted cleanup of the discharged dredging material, While onsite,
it was observed that the large barge that was attempted to be used was unable to enter into the shallow side bay area without
causing further damage to bottom substrate and fauna so because of this,this proposed method was not able to be used.
On May 31- June 3, 2005 an alternative method was tried using a small boat with a secondary pump to remove the
discharged dredging material. After completing only a small portion of the cleanup required and failing to meet the
restoration requirements outlined, the dredging contractor Mr. Fred Ross, then stopped the removal project claiming that all
of the States restoration requirements had been met.
This letter isa. Formal Notice of the Failure to Meet the Restoration Requirements Required. An alternative
proposal must now be found and submitted to this office for approval within 30 days of receipt of this letter which entails
an alternative for the restoration of impacted creek bottom with out further damage to the substrate. The hirine of an
en it a aJ firm that, is experienced with this type of sensitive tomoval project is highly recommended. Failure to
comply with this request or respond back to this office within this deadline will he interpreted as a refusal to cooperate and.
will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance.
127 Cardinal Drive Ext., Wilmington, North Carolina 20405-3845
Phone: [phone] k FAX: [phone] Internet: www,necoestalmanagement.net
An Equal Opportunity \ Affirmative Action Employar - 50% Recycled 110% Post Consumor

i6b
North Carolina
Michael F. Easley, Governor
e'er
NCDENR
Department of Environment and Natural
Division of Coastal Management
Charles S. Jones, Director
CERTIFIED MAIL #7004 2890 0002 34251722
RETURN RECEIPT REQUESTED
Ron Worthington
Nixon Creek Dredging Project Inc.
447 White Heron Cove Road
Hampstead, NC 28443
Resources
William G. Ross Jr., Secretary
May 16, 2005
M
AY 2 0 2005
Re: Restoration Requirements for CAMA Violation 05-26D
Dear Mr. Worthington:
Morehead City DCM
On December 20, 2004, State Permit No. 181-04 was issued to Nixon Creek Dredging Project, Inc., Ron
Worthington for maintenance dredging within the upper portion of Nixon Creek and finger canal located in Olde Point
Subdivision, which is a tributary to the Atlantic Intracoastal Waterway, located in Hampstead, Pender County, North
Carolina.
On April 4, 2005, CAMA Violation 05-26D was issued which required that all work stop until the requirements of
the restoration plan were completed. The violations identified included the discharge of sedimentation into one of the side
bay areas of Nixon Creek and coastal wetlands.
This letter confirms that on May 12 & 13, 2005, Jean Conway from Marine Fisheries, Stephanie Garrett from
Surface Water Protection and I were onsite at this project location to investigate the attempted clean up of the discharged
dredging material. While onsite, it was observed that the large barge that was attempted to be used was unable to enter into
the shallow side bay area to accomplish this without causing further damage to bottom substrate and fauna. Because of this,
this proposed method for removing the discharged sedimentation using the large barge cannot be used.
An alternative proposal must now be found and submitted to this office for approval within 30 days of receipt of this
letter which entails an alternative for restoration of impacted creek bottom with out further damage to the substrate. The
hiring of an environmental firm that is experienced with this type of sensitive removal project is recommended. Failure to
comply with this request or respond back to this office within this deadline will be interpreted as a refusal to cooperate and
will result in a Notice of Continuing Violation, as well as a court injunction being sought ordering compliance.
. Upon completion of the restoration to the satisfaction of the Division of Coastal Management, you will then be able
to submit a proposal for approval which identifies dates requested for when the dredging project can be resumed and
completed. You will also then be notified as to the amount of the civil assessment for the violation issued.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX [phone] \ Intemet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer

Mr. Ron Worthington
May 16, 2005
Page 2 of 2
Thank you for your time and cooperation in resolving this important matter. If you have any questions about this or
related matters, please call me at 910/395-3900.
Sincerely,
Gale Sten erg
Field Representative
cc: Ted Tyndall, DCM
Jim Gregson, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Noelle Lutheran, DWQ

JUN-08-2005 15:30 From: To:4 P.2/10
Mr. Ron Worthington
April4, 2005
Page 6 of 7
RESTORATION PLAN
For
Nixon Creek Dredging Project, Inc,
EC EIV9
APR 14 2m5
DIVISION OF
COASTAL MANAGEMENT
y. Install and maintain sediment barriers, Le., silt fence, along the boarder of the Nixon Creek Area,
down hill of the upland holding basin to prevent further erosion of materiel Into the marsh and bay
area.
✓r Install and maintain sediment barriers, i.e„ slit fence, along the boarder of the 404 wetlands area
located by the upland holding basin to prevent further erosion of material into the 404 wetlands area.
it Properly installlseal and maintain the function of the Intake structure at the intake end of the effluent
pipe to prevent further discharge of sediment to the ifluent pipe.
4, Properly extend the effluent pipe from the upland holding basin so that it extends to the main
dredging channel area as described in the permit application drawings.
5. Sedimentation on the hill side must be stabilized to prevent further discharge into the marsh area,
Sedimentation In the marsh area that accumulated along the discharge pipe must be removed
without further damage to the marsh, Le, hand rakes and shovels, To accomplish this, an
Independent environmental consultant or design professional must submit g proposed plan
for aooroval to this office . The proposed plan must include the following:
a. Drawings and measurements of the upland area covered with dredging material, Drawings
must include a graph or profile showing the depth of material found,
b. Proposed method to stabilize this material identified,
C. Drawings and measurements of the marsh araa covered with dredging material along the
discharge pipe. Drawings must include a graph showing the depth of material found.
d, Proposed method to remove the material identified In a: manner that will not cause further
damage to the marsh.
61 The side bay area of Nixon Creek, which Is Impacted with the discharged sedimentation, must be
restored to original condition by removing the discharged sedimentation tothe upland holding basin,
To accomplish this, an independent environmental consultant or design professional must submit
a gr000se vigil for approval to this office . The proposed plan must Include the following:
a. A survey from a professional land surveyor or professional engineer of the impacted area
to Include a graph or profile showing the depths of the discharged material found and a
calculated volume of discharged material. Methods used to determine the extent of the
discharge fill must also be Included.
b. A proposed method to remove the material identified. The proposed method must be a
method which will minimize environmental Impacts. The depth of the excavated area where
sedimentation is removed must not exceed the original depth of the bay area.
c, A survey from a professional land surveyor or professional engineer of the canal areas
dredged, the individual homeowners boat lift areas dredged, the floating dock areas

JUN-08-2005 15:30 From: To:4 P.3/10
Mr, Ron Worthington
April 4, 2005
Page 7 of 7
BCFJIVE
APR 14 2005
DIVISION OF
COASTAL MANAGEMENT
dredged and the pier areas dredged. The survey must show the current depths of these
area's, post dredging water depths and must calculate the volume of material removed.
d, Asurveyfromaprofessionallandsurveyororprofessionalenginearofthecenelarea'sthat
have not been dredged, the individual homeowners boat lift areas, floating dock areas and
pier areas that have not been dredged listing the current measured depth of these areas
and the calculated volume of material left to remove.
a. A survey from a professional land surveyor or professional engineer of the upland holding
basin showing available volume as built, the volume and depth of material currently in this
upland holding basin and the volume left for additional storage.
a. Large amounts of sediment were discharged Into the upland freshwater pond (see area A).
Sedimentation within the freshwater pond must be removed to the satisfaction of the U,S, Army
Corps of Engineers and the North Carolina Division of Water Quality. When the conditions and
terns of both the U.S. Army Corps of Engineers and the North Carolina Division of Water Quality
have been met, documentation must be submitted to this office which shows that this has been
accomplished.
7, The spoil containment area and project area shall be inspected for approval by a representative of
the Division of Coastal Management prior to the Initiation of any dredging or remedial activities.
8. Please be advised that no dredging can take place from April 1 through September 30 without
prior approval from the Division of Marine Fisheries through consultation with this office.
I, Ron Worthington, Registered Agent for Nixon Creek Dredging Project, Inc„ agree to accomplish these
restoration requirements in full.
I agree to complete this restoration to the satisfaction of the Division of Coasts ement by May 4,
2005, or provide an explanation for noncompliance and a reasonable re s or time a sign,
SIGNATURE;
DATE;
It the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 and
higher against all violations of this type depending upon the damage to the resources. If restoration Is
not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an
injunction sought to require restoration.

JUN-08-2005 15:30 From: To:4 P.4/10
FROM : CHARLIS M04LTS REGULATORY CONS PHONE NO. : 9103926033
Apr, 12 2e8S 01:57PM P02
CHARLIE HOLLIS
REGULATORY CONSULTANT
139 Green Forest Drive
Wilmington, NC 28409
910-392.6833
March 11, 2005
Projeol: Nixon Crock Dredging
CAMA Permit No, 181.04, Corps Action ID 200500121
Restoration Plan for Effluent Spill
Mr. Reny Wicker
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Flax 1890
Wilmington, NC 29402.1890
And
Mr. Jim Gregson
N.C. Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Gentlemen:
IRUE0BIV]0
All 14 2005
DIVISION OF
COASTAL MANAGEMENT
Plcase reference your recent visits to the above -cited project and your inspection
of the spills of mud and effluent resulting from the failure of the spillway sh'uoture on
Friday, March 4, 200S. Reference also ttty telephone conversation with Mr. Monty
Wicker today (March 11, 2005).
Upon my tour of the site today and my consull0on with Mr. Fred Ross, the
drodgo contractor, we wish to propose a restoration plan to be implemented Immediately
to restore impacted marsh and wetland areas and to protect other areas from erosion of
any remaining spilled sodiment. The following areas of concern and the respective
proposed work is as follows:
Arch A, (The freshwater pond just cost of tho disposal area) The sediment
poured across an existing cleared trail Into the pond on its south aide, it is proposed that
a small berm be constructed on high ground along the south edge of the pond, and then
cite accumulated sediment be removed to high ground away 11wtn the pond. The trail area
then would be bnekfillcd with adjacent send material to proven( (Inure erosion Into dto
pond. This work area will be surrounded with a alit feneo. At Mr. Wicker's suggestion, a
silt fence will also he installed across cite outfall ofthe pond (on Its northeast side).
Page I
APR-12-2006 1306 010302603E 86:
P.02

JUN-09-2005 15:30 From:
FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. ; 91 ;2=3
To:4 P.5/10
Apr. 12 2005 01150PM PW
U AA (The deposit of sediment located approximately 80 feet south of die
disposal area) This area of sediment measures about 23' x 25' and is located on high
ground. A silt fence will be installed surrounding this area. No removal is proposed.
&U-Q (The deposit of sediment in the edge of the marsh located about 75
feet from the mean high water of Nixon Creek) Work Is already In progress removing the
sediment (by Band) from the ntatsh. This will continue until the completed. A silt fence
will be installed for about 60' along the interface of high ground with the upper edge of
die marsh,
&9 r&D., (711e deposit of sediment below mean high water in the near -shore
area of Nixon Creek) Low tide observations show this area to extend about 25' out Itom
mean high water in an are extending about 15' up and downstream. It is proposed that
the dredge be floated in on high tide and, uaibg only the suction pipe (no cutter hand), the
spilled sediment be vacuumed up and deposited into the disposal area. The center of the
side creek at this location is about V deep at low tide, causing the dredge (which draws
about I % feet of water) to be Idled except during periods near high lido, About two
high -tide periods will be needed for this work.
A sketch map is provided showing these locations. Sketches of the details of the
proposed work at each of theso areas are also provided, It is Hoped that you will be able
to give early consideration to this proposal end allow this restoration to conclude quickly.
Mr. Ross is continuing to clean up those areas ofgreatest concern and Is anxious to
complete, not only the clean-up, but the final days of dredging remaining on this project.
Please contact Ina at 910-392.6833 If you have questions or need additional information.
Sincerely, ]�q
Rncl; Sketches (a. N4a&.4s) Charlie Hollis APR f y 'D
DIVIS101V OF
Cy: Fred Ross COAS At. MNq EM6NT
Page 2
APR-12-2006 1$;36 9100026a33 95% P.n14

JUN-08-2005 15:31 From:
FROM : CHARLIE HOLLIS REGULATORY CONS PHONE NO. : 9103926633
To:4 P.6/10
Apr, 12 2WS 01:58PM PO4
EXISTING
DISPOSAL AREA
This area of spilled sediment is located entirely
on high ground and will be surrounded with a gill
Pence and left in place,
W FRESH WATER
W
�`,/ POND
w
1\� WVI i i K�
.+ 7
s
The sodhnent.po�tu�cross the existing lI
Into Ole edge of tho pond, A soil berm
will be constructed on high ground along the
edge of tl►e poled and then the spilled sediment
WIbe remove to high ground away from the pond,
The trail area will than be boektilled will, send materia
This work area will be surtnundod with a slit knee.
A silt fence will be installed at the outlet of 1110 pond
OR its northeast side.
Pilled sediment will be removed by hand hem the
mesh and t silt fence will be installed at the interface
A O of marsh slid high ground.
This area of, epillo ant will be ro1»ovcd by using
the dredge suction pipe (with no cutter head) to vacuum
up tint material and pump It Into the disposal area,
V\
SCALE. V -100, I is
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APR-12-2005
13:37
9103926033
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NIXON CREEK DREDGING PROJECT
RESTORATION PLAN FOR
REMOVAL OF SPILLED SEDIMENT
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964 P.nA

JUN-08-2005 15:31 From: To:4 P.7/10
FROM : CHAR41E HOLLIS REGULATORY CONS PHONE NO, : 9103926833 Apr, 12 2005 01:59PM P05
FRESH WATER SILT FENCE
POND 01-1� TRAIL
" ARM SEDIMENT TO BE REMOVED
AND REPLACED WITH SAND
AREA A
SILT FENCE
... • • SEDIMENT 7'0 REMAIN � �
O
y
AREA ti
a
vt
,,.
SILT FENCE 7-0
yi
EDGE OF MARSH SEDIMENT TO BE REMOVED
AREA C
EDGE OF CREEK (MHW)
AREA D
NO SCALE
APA-12-2005 1307 9103926633
SEDIMENT TO BE REMOVED
NIXON CREEK DREDGING PROJECT
RESTORATION PLAN FOR
REMOVAL OF SPILLED SEDIMENT
96i P.nly

JUN-08-2005 15:31 From!
APR-o?-2006 10 M
To:4
YACHT 1 910362WI
P.8/10
P.O1
April 7, 2006
Nixon Creek Dredging Project, Inc.
447 White Heron Cove Road
Hempstead, NC 28443
Mr. Jim Gregson, District Manager
NCDENR
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: Nlxon Creek Dredging Project
Dear Mr, Gregson,
Pursuant to your request, please look over the following diagram. The measurements
were made by using the clean hollow tube device that you recommended. You will
notice that the area affected Is approximately 65 Feet along the shore line and 15 feet
(half way) across the creek area.
Mr. Ross Is prepared, with everyone's consent, to remove the spilled Boll by using his
dredge suction only equipment. Mr. Ross feels that he can accomplish this removal
during 3 or 4 high tides. We understand that this will be overseen by a Marine Fishery
officer. Charlie Hollis suggested that Mr. Ross and I perform this task so as not to Incur
additional costs by employing his services. Please advise,
Respectfully,
NIXOP ! DGING PROXCT, INC.
Worthington
RW/d
Enclosure
CC: Henry Wicker

To:4 P.9/10
9103621631 P.02
JUN-08-RO05 15:31 From:
APR-07-2006 10129
YACHT 1
C 'WIN
TOTAL P.02

JUN-08-2005 15:32 From: To:4 P.10/10
Nixon Creek Dredging Project, Inc.
447 White Heron Cove Road
Hampstead, NC 28443 .2 C 2f 1V.2
April 12, 2005 R APR 14 2005
NMr. Gale CDENR Stenberg C4ASTA' MANAGEMENT
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: Nixon Creek Dredging Project, Pender County
Restoration Plan
CAMA Permit No. 181-04 corps Action IO 200500121
VIA CERTIFIED MAIL
Dear Mr. Stenberg,
I am submitting to you two sets of documents that were previously mailed or faxed to both Mr. Jim
Gregson and Mr. Henry Wicker. The first dated March 11, 2005 from Mr. Charlie Hollis addressing the
restoration plan for effluent spill. The second from me dated April 7, 2005 showing depth and size of
spill Into the side bay area of Nixon Creek along with our recommended method of removing the
material identified.
Mr. Fred Ross, dredge contractor on this project, assures me that with the exception of extending the
effluent pipe to the main dredging channel and removing the side bay sedimentation, all other work
requested has been completed. He Is prepared to complete the remaining clean up as soon as
possible as well as extending the pipe. At the request of Mr. ]Im Gregson, myself and the dredge
contractor are meeting with )im at the site In question Friday, April 1s, 2005 at 9:30 a.m. In an effort
to determine the effectiveness of the work already performed, as well as the remaining job at hand.
If allowed to begin the balance of the clean-up, I see no reason that we cannot complete this
restoration by May 41 2005. However, as at the time of this letter, we have not been released to
begin work, I would like to reserve the right to request an extension If deemed necessity.
Respectfully,
NIXON CREEK DREDGING PROTECT, INC.
Ron Worthington
RW/cf
CC: JIm Gregson / NCDENR
Enclosure

AN"FA
x NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
NOTICE OF VIOLATION
April 4, 2005 -
CERTIFIED MAIL 97004 2890 0002 3425 2224
RETURN RECEIPT REQUESTED
Ron Worthington, Registered Agent
Nixon Creek Dredging Project, Inc.
447 White Heron Cove Rd.
Hampstead, NC 28443
RE: VIOLATION(S) OF CAMA MAJOR DEVELOPMENT PERMIT NO. 181-04.
CAMA VIOLATION # 05.04D
Dear Mr. Worthington:
This letterconfirms that on March 4, 2005, Gale Stenberg of the Division of Coastal Managementwas onsite
at your project location adjacent to Nixon Creek, at Olde Point Development, which is a tributary to the
Atlantic Intracoastal Waterway, located in Hampstead, Pender County, North Carolina to investigate a
complaint of a broken discharge pipe at the project site and a possible discharge of dredging material into
coastal wetlands. On March 7, 2005, Gale Stenberg and Jim Gregson of the Division of Coastal
Management, Henry Wicker of the U.S. Army Corps of Engineers (USACE) Wilmington Regulatory Office
and Joanne Stenhuis of the Division of Water Quality (DWQ) Wilmington Regional Office were onsite atyour
project location performing a follow up inspection.
Information gathered for the Division of Coastal Management indicates that you have violated the terms or
conditions of CAMA/Dredge and Fill State Permit No. 05-04D, which was issued to you by the Coastal
Resources Commission and the North Carolina Department of Environment and Natural Resources. I
hereby requestthatyou immediately CEASE AND DESIST such violation(s) and comply with the terms and
conditions of the above permit.
On December20, 2004, State Permit No. 05-04D was issued to Nixon Creek Dredging Project, Inc., c/o Ron
Worthington for maintenance dredging within the upper portion of the access channel (2,950 x 40") within
Nixons Creek and (300' x 30) in the finger canal to a depth of -5' MLW on property located in Olde Point
Subdivision adjacent to Nixon Creek, Fender County, North Carolina. This permit was issued for a CAMA
Major Development in an Area of Environmental Concern, in accordance with North Carolina General
Statutes (N.C.G.S.) 113A-118, and for excavation and filling, N.C.G.S. 113-229(a).
This permit included the following terms and condition(s):
The spoil containment area shall be staked by the permittee and inspected and approved -by a
representative ofthe Division of Coastal Management prior to the initiation of any dredging activities.
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] \ FAX: [phone] \ Internet:
www.nccoastalmanagement.net
r

Mr. Ron Worthington
April 4, 2005
Page 2 of 7
2. The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the
dike and a maximum distance from spillways to allow settlement of suspended sediments.
3. Awater control structure shall be installed atthe intake end of the effluent pipe to assure compliance
with quality standards.
4. The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or
beyond the mean low water level to prevent gully erosion and unnecessary siltation.
5. In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
6. Appropriate sedimentation and erosion control devices, measures or structures shall be
implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and
property (e.g. silt fence, diversion swales or berms, etc.)
7. No vegetated wetlands or marsh grass shall be excavated or filled.
For the following reasons, you are in violation of the above terms and condition(s) of your permit:
1. Failure to Notify the Division of Coastal Management prior to initiating dredging activities
to have the project site and spoil containment area inspected for approval.
2. Failure to construct the spoil containment area as specified in the approved workplan drawings.
Because the spoil containment area was not built as specified, no point existed within the
structure where the terminal end of the intake pipeline could be positioned at or greaterthan 50 feet
from any part of the dike and a maximum distance from spillways to allow settlement of suspended
sediments. Instead of meeting this requirement, the intake pipe was laid on top of the outer dike
wall and positioned to allow dredging material to discharge through the air and land within the
basin.
3. Failure to install an adequate water control structure at the intake end of the effluent pipe to
assure compliance with Water Quality Standards. Because the effluent pipe was not properly
sealed, discharge material was allowed to flow down the effluent pipe directly into a side bay area
of Nixon Creek.
4. Failure to install the disposal area effluent pipe to a point at or beyond the mean low water level to
prevent gully erosion and unnecessary siltation. In the initial application submitted, projectdrawings
showed the end of the discharge pipe ending in a side bay area to Nixon Creek. A letter from this
Division dated August 9, 2004 listed this as a defeciency and required this pipe to be extended
to the main dredging channel area. In response, the revised and approved drawings submitted to
this office acknowledged this defeciency and were changed to show the discharge pipe ending at
the main dredged channel area as required. Instead of meeting this requirement, this pipe was
installed so that it discharged into the side bay area of Nixon Creek instead of the main dredged
area as designed and approved.

Mr. Ron Worthington
April 4, 2005
Page 3 of 7
5. Failure to protect water quality and not visibly increase the amount of suspended sediments in
adjacent waters. Because of the failure to properly install a water control structure at the intake end
of the effluent pipe, spoil material was allowed to discharge down the effluent pipe. Because the
effluent pipe was not installed properly to discharge back at the main dredging channel area, spoil
material was then allowed to discharge into the side bay area of Nixon Creek.
6. Failure to install appropriate sedimentation and erosion control devices, measures or structures
to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt
fence, diversion swales or berms, etc). As a result of the failure to meet this requirement, a break
in the effluent pipe line and the other violations listed, sedimentation was allowed to enter 404
wetlands, adjacent property areas, adjacent wetlands and a side bay area of Nixon Creek.
Failure to insure that vegetated wetlands and marsh grass was not filled with dredged material. The
side bay area of Nixon Creek and adjacent coastal wetlands were filled with dredging material as
a result of the violations listed.
If the terms and conditions of a permit are not complied with, the permit is null and void from the date of its
issuance. To comply with the terms and conditions(s) of the permit issued to you, you must accomplish the
following:
1. Install and maintain sediment barriers, i.e., silt fence, along the boarder of the Nixon Creek Area,
down hill of the upland holding basin to prevent further erosion of material into the marsh and bay
area.
2. Install and maintain sediment barriers, i.e., silt fence, along the boarder of the 404 wetlands area
located by the upland holding basin to prevent further erosion of material into the 404 wetlands area.
3. Properly install/seal and maintain the function of the intake structure at the intake end of the effluent
pipe to prevent further discharge of sediment to the (fluent pipe.
4. Properly extend the effluent pipe from the upland holding basin so that it extends to the main
dredging channel area as described in the permit application drawings.
5. Sedimentation on the hill side must be stabilized to prevent further discharge into the marsh area.
Sedimentation in the marsh area that accumulated along the discharge pipe must be removed
without further damage to the marsh, i.e., hand rakes and shovels. To accomplish this, an
independent environmental consultant or design professional must submit a proposed plan
for approval to this office . The proposed plan must include the following:
a. Drawings and measurements of the upland area covered with dredging material. Drawings
must include a graph or profile showing the depth of material found.
b. Proposed method to stabilize this material identified.
C. Drawings and measurements of the marsh area covered with dredging material along the
discharge pipe. Drawings must include a graph showing the depth of material found.

Mr. Ron Worthington
April 4, 2005
Page 4 of
d. Proposed method to remove the material identified in a manner that will not cause further
damage, to the marsh.
6. The side bay area of Nixon Creek, which is impacted with the discharged sedimentation, must be
restored to original condition by removing the discharged sedimentation to the upland holding basin.
To accomplish this, an independent environmental consultant or design professional must submit
a proposed plan for approval to this office. The proposed plan must include the following:
a. A survey from a professional land surveyor or professional engineer of the impacted area
to include a graph or profile showing the depths of the discharged material found and a
calculated volume of discharged material. Methods used to determine the extent of the
discharge fill must also be included.
b. A proposed method to remove the material identified. The proposed method must be a
method which will minimize environmental impacts. The depth of the excavated areawhere
sedimentation is removed must not exceed the original depth of the bay area.
C. A survey from a professional land surveyor or professional engineer of the canal areas
dredged, the individual homeowners boat lift areas dredged, the floating dock areas
dredged and the pier areas dredged. The survey must show the current depths of these
area's, post dredging water depths and must calculate the volume of material removed.
d. A survey from a professional land surveyor or professional engineer of the canal area's that
have not been dredged, the individual homeowners boat lift areas, floating dock areas and
pier areas that have not been dredged listing the current measured depth of these areas
and the calculated volume of material left to remove.
e. A survey from a professional land surveyor or professional engineer of the upland holding
basin showing available volume as built, the volume and depth of material currently in this
upland holding basin and the volume left for additional storage.
6. Large amounts of sediment were discharged into the upland freshwater pond (see -area A).
Sedimentation within the freshwater pond must be removed to the satisfaction of the U.S. Army
Corps of Engineers and the North Carolina Division of Water Quality. When the conditions and
terms of both the U.S. Army Corps of Engineers and the North Carolina Division of Water Quality
have been met, documentation must be submitted to this office which shows that this has been
accomplished.
The spoil containment area and project area shall be inspected for approval by a representative of
the Division of Coastal Management prior to the initiation of any dredging or remedial activities.
Please be advised that no dredging can take place from April 1 through September 30 without
prior approval from the Division of Marine Fisheries through consultation with this office.
If you intend to cooperate with this request, please sign one of the attached Restoration Agreements and
return it in the enclosed, self-addressed envelope within ten (10) days of receipt of this letter. Failure to
comply with this request or respond back to this office prior to the requested deadline with an acceptable
schedule forcompliance will be interpreted as a refusal to cooperate and will result in a Notice of Continuing
Violation, as well as a court injunction being sought ordering compliance.

Mr. Ron Worthington
April 4, 2005
Page 5 of 7
A civil penalty of up to Twenty -Five Hundred Dollars ($2,500) may be assessed, or an injunction or criminal
penalty may be sought against any person who violates a CAMA Major Development permit. It is the policy
of the Coastal Resources Commission to assess a minimum civil penalty of $500.00 against all violations.
This is done to recoup some of the costs of investigating violations and/or to compensate the public for any
damage to its natural resources. Whether a higher amount will be assessed will depend on several factors,
including the nature and area of the resources that were affected and the extent of the damage to them.
If restoration of the affected resources is requested but is not undertaken or completed satisfactorily, a
substantially higher civil penalty will be assessed and a court injunction will be sought ordering restoration
(N.C.G.S. 113A-126). In addition, criminal penalties, damages, and/or an injunction maybe sought against
any person who violates a Dredge and Fill Permit in accordance with N.C.G.S. 113-229(k) and (1).
The relevant statutes and regulations are available from this office, and I am willing to assist you in
complying with the requirements of these laws. A site inspection will be made in the nearfuture to determine
whether this REQUEST TO CEASE AND DESIST has been complied with. I request that you contact me
immediately.
Thank your for your time and cooperation in resolving this important matter. If you have any questions about
this or related matters, please call me at 910/395-3900. Upon completion of the restoration as requested
in the Restoration Plan Agreementto the satisfaction of the Division of Coastal Management, you will be
notified as to the amount of the civil assessment for failure to act in accordance with the terms, condiitons,
or requirements of such permit.
Sincerely,
Gale Stenberg
Coastal Management Representative
Cc: Ted Tyndall, DCM
Jim Gregson, DCM
Roy Brownlow, Compliance Coordinator, DCM
Henry Wicker, USACE
Noelle Lutheran, DWQ
ENCLOSURE
APR ] 1 2005
Morehead City DCI�A

Mr. Ron Worthington
April 4, 2005
Page 6 of 7
RESTORATION PLAN
For
Nixon Creek Dredging Project, Inc.
1. Install and maintain sediment barriers, i.e., silt fence, along the boarder of the Nixon Creek Area,
down hill of the upland holding basin to prevent further erosion of material into the marsh and bay
area.
2. Install and maintain sediment barriers, i.e., silt fence, along the boarder of the 404 wetlands area
located bythe upland holding basin to prevent further erosion of material into the 404 wetlands area.
3. Properly install/seal and maintain the function of the intake structure at the intake end of the effluent
pipe to prevent further discharge of sediment to the (fluent pipe.
4. Properly extend the effluent pipe from the upland holding basin so that it extends to the main
dredging channel area as described in the permit application drawings.
5. Sedimentation on the hill side must be stabilized to prevent further discharge into the marsh area.
Sedimentation in the marsh area that accumulated along the discharge pipe must be removed
without further damage to the marsh, i.e., hand rakes and shovels. To accomplish this, an
independent environmental consultant or design professional must submit a proposed plan
for approval to this office . The proposed plan must include the following:
a. Drawings and measurements of the upland area covered with dredging material. Drawings
must include a graph or profile showing the depth of material found.
b. Proposed method to stabilize this material identified.
C. Drawings and measurements of the marsh area covered with dredging material along the
discharge pipe. Drawings must include a graph showing the depth of material found.
d. Proposed method to remove the material identified in a manner that will not cause further
damage to the marsh.
6. The side bay area of Nixon Creek, which is impacted with the discharged sedimentation, must be
restored to original condition by removing the discharged sedimentation to the upland holding basin.
To accomplish this, an independent environmental consultant or design professional must submit
a proposed plan for approval to this office. The proposed plan must include the following:
a. A survey from a professional land surveyor or professional engineer of the impacted area
to include a graph or profile showing the depths of the discharged material found and a
calculated volume of discharged material. Methods used to determine the extent of the
discharge fill must also be included.
b. A proposed method to remove the material identified. The proposed method must be a
method which will minimize environmental impacts. The depth of the excavated area where
sedimentation is removed must not exceed the original depth of the bay area.
C. A survey from a professional land surveyor or professional engineer of the canal areas
dredged, the individual homeowners boat lift areas dredged, the floating dock areas

Mr. Ron Worthington
April 4, 2005
Page 7 of 7
dredged and the pier areas dredged. The survey must show the current depths of these
area's, post dredging water depths and must calculate the volume of material removed.
d. A survey from a professional land surveyor or professional engineer of the canal area's that
have not been dredged, the individual homeowners boat lift areas, floating dock areas and
pier areas that have not been dredged listing the current measured depth of these areas
and the calculated volume of material left to remove.
e. A survey from a professional land surveyor or professional engineer of the upland holding
basin showing available volume as built, the volume and depth of material currently in this
upland holding basin and the volume left for additional storage.
6. Large amounts of sediment were discharged into the upland freshwater pond (see area A).
Sedimentation within the freshwater pond must be removed to the satisfaction of the U.S. Army
Corps of Engineers and the North Carolina Division of Water Quality. When the conditions and
terms of both the U.S. Army Corps of Engineers and the North Carolina Division of Water Quality
have been met, documentation must be submitted to this office which shows that this has been
accomplished.
The spoil containment area and project area shall be inspected for approval by a representative of
the Division of Coastal Management prior to the initiation of any dredging or remedial activities.
8. Please be advised that no dredging can take place from April 1 through September 30 without
prior approval from the Division of Marine Fisheries through consultation with this office.
I, Ron Worthington, Registered Agent for Nixon Creek Dredging Project, Inc., agree to accomplish these
restoration requirements in full.
I agree to complete this restoration to the satisfaction of the Division of Coastal Management by May 4,
2005, or provide an explanation for non-compliance and a reasonable request for time extension.
SIGNATURE:
DATE:
It is the policy of the Coastal Resources Commission to levy a minimum civil assessment $500 and
higher against all violations of this type depending upon the damage to the resources. If restoration is
not undertaken or satisfactorily completed, a substantially higher civil assessment will be levied and an
injunction sought to require restoration.

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20-Apr-05 NC DIVISION OF COASTAL MANAGEMENT ENFORCEMENT RECORD
CASE STATUS CASE NUMBE5 LAST NAME
FIRST NAME BUSINESS NAME:
• CASE IS OPEN 1 105-OA WORTHINGTON RON INIXON CREEK DREDGING PROJE
CASE IS CLOSED
)4AFFLILIATION SECTOR
NOV DATE CLOSURE DATE Previous Violations in Same AEC
LEGAL AGENT COMMERCIAL ❑ for Similar Activities
4; dr2005 �_
MAILING ADDRESS CITY STATE
447 WHITE HERON COVE RD HAMPSTEAD NC
PROPERTY ADDRESS COMMUNITY
OLDE POINT DEVELOPMEN HAMPSTEAD
ZIP CODE PHONE NUMBER
28443- [phone]
WATERBODY NEAREST ROAD
NIXONS CREEK F_
DISTRICT OFFICE COUNTY DCM REPRESENTATIVE LPO CONTACT
WIRO ISTENBERG 1 —
CW JI EW
VIOLATION TYPE
MAJOR PERMIT CONDITION VIOLATION AND DRIED ❑ OEA HHFA
NATURE OF VIOLATION
AEC DESCRIPTION
J PTA ES PTS
IHA PWS NCRA
)lation of terms and conditions of State Permit No. 181-O4D by failure to notify DCM prior to engaging work, failure
construct the spoil containment area as specified in approved work plans, failure to install an adequate water
ntrol structure, failure to install the effluent pipe as specified in the approved work plans, failure to install appropriate
dimentation and erosion control meaures and devices, filling vegetated wetlands and marsh as a result of failure to
Set the terms and conditions as specified in the approved work plans within the CW, EW, and PTA AECs adjacent
Nixons Creek.
RESTORATION STATUS 1 — -
I J
RESTORATION NOT REQUIRED - CONTRACTOR
, I RESTORATION NOT REQUIRED - PERMITTABLE DEVELOPMENT
❑ RESTORATION NOT REQUIRED -FURTHER IMPACTS
1 RESTORATION PENDING
RESTORATION REQUEST DATE COMPLETION DATE
5/4/2005
❑ RESTORATION EXTENDED RESTORE DATE
DEADLINE
EXTENDED
REFERRED TO AG'S OFFICE - COLLEC ON
REFERRED TO AG'S OFFICE - INJUNCTION
MALTY STATUS, ASSESSMENT DATE PENALTY AMOUNT COLLECTION DATE AMOUNT COLLECTED
❑ PENALTY ISSUED
❑ PENALTY NOT ISSUED WILLFUL INTENTIONAL PENALTY (MIN. OR DOUBLED) L CNOV ISSUED
❑ CONRACTOR'S FIRST OFFENSE SETTLED, AGREED UPON, OR STIPULATED PENALTY PENALTY APPEALED
UNCOLLECTIBLE PENALTY I❑ FORMAL CPA ISSUED
Violations Involving Adversely Impacted Resources
AMOUNT OF ADVERSELY DISTURBED AREA (SQ. FT.)
AMOUNT OF RESTORED AREA (SO. FT) F
NOTES
Cnniron}nr _ FroH Rncc

MAY-09-2005 08:22 From: To:4 P.2
MAY-06-2006 09:69 YACHT 1 9103621411 P.01/02
N
NIXON CREEK PRESERVATION PROJECT
TO: G61e Stenberg / NCDENR
James Gregson / NCDENR
Roy Brownlow / NCDENR
FROM: Ron Worthington, President
DATE: May 6, 2003
SUBJECT: Professional Engineers Report
As requested, please find the following Professional Engineers Report concerning the dredging
project of Nixon Creek In Pander County, NC.
RW/d
Enclosure

MAY-09-2005 09:22 From: To:4 P.3
MAY-06-2006 09:69 YACHT 1 9103621411 P.02i02
AM J. PhUp Nmrb, P.E.
NORRIS, KUSKE &TUNSTAL I, JOhOA .%rut Ill, Ill.
CONSULTING ENGINEERS, John S14naatl,no.
� 1 N C , J,A Kurka. f!a, of Counsel
May 6, 2006
Mr. Ron Worthington
Yacht 1
1652 Point Harbor Road
Wilmington, NC 28401
Re: Melnten011106 Dredging Nixon Crook Channel
Olds Paints Development - Hampstead, NC
NICT Project No. 05105
Dear Mr. Worthington:
As requested, we Nava recently visited the Nixon Creek drodging project efts. We observed the
diked spoil area as well as the Nixon Creek channel and eide channel leading to a boat ramp
area. While on site we met with Mr. Prod Root of Rose Dredging who described the project to
date and provided Information regarding the length of both Nixon Creak and the side channel
which remains to be dredged. You have also provided for o4r review a copy of the CAMA
parmit and application for this project which gives dredge quarildea, length of channel, dredge
depth, dredge width, eta.
We understand that the dredging at Nixon Creek has been suspended by the Division of Coastal
Management pending review of the existing spoils area by an engineer or surveyor, to
determine If the existing dike has adequate capacity to hold the volume of material remaining to
be dredged.
Based on our conversation with Prod Ross and viewing this aortal photo and existing water
depths you have provided, It appears the length of Nixon Omsk remaining to be dredged Is
appproximately 640 foot and the length of the side channel to the boat romp Is approximately 560
I.T. Both erect are specified to be dredged to .5 it MLW, Nixon Creek Is to hays a 40 it wide
bottom while the aide Channel Is to have a 30 it wide bottom. We undanland the depth to be
dredged in both remaining areas Is approximately 2 toot Based on the foregoing information,
the volume of material remaining to be dredged from Nixon Creek and the side channel is
calculated to be on the order of 3200 cubic yards.
Rough measurements of the dike ware token which found that the dike Inside dimenolona Oro
approximately 140 Not wide x 420 feat long with approximately 8.10 feat remaining wall heights.
Based on our observations of the existing dike construction, the reported length and depth of
Nixon Creek/81de Channel remaining to be dredged, and our preliminary calculations of the
remaining dredge volume, It is our profeaaional opinion that the existing diked spoil ame has
sufficient capacity to complete the Nixon Creek maintenance dredging project
Sincerely,
NORRI4, KUSKB & TUNSTALL
CONSULTING ENGINEERS, INC.
2 Z fpf"t
mes T. Pyrtle,
4TP4ma osimommser
902 Market West I W9m0,0eon, NC U401-4733 • Phone [phone] • Far: 0la,343.9604
MAY-06-2006 09,29 $to 343 9604 day.
P.01
TOTAL P.02

mAy-a9-2oa5 oe:22 From: To:4
(ate of Norm (_aroun.,
Department of Environment and Natural Resources
Wilmington Regional Office
Michaell±, Easley, Governor William G. Ross Jr., Secretary
FAX COVER SHEET
Date: ell A X✓
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FAX#:_.2s'y—aye- 333D
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No. Of Pages: Z.
From: 44,1 .�✓�
CO: 0CM
FAX#: L-395-'-UY
11,. Cardinal Drive Estention, W11mingon, N,C, 20405011145 Telephone (910) 305•3900 FOX [phone]
An Equal Opportunlry Affirmative Ac fun Employer
P.1

MAY-06-2006 10:02 YACHT 1
9103621411 P.01/02
y
NIXON CREEK PRESERVATION PROJECT
TO: Gale Stenberg / NCDENR
James Gregson / NCDENR
Roy Brownlow / NCDENR
FROM: Ron Worthington, President
DATE: May 6, 2005
SUBJECT: Professional Engineers Report
As requested, please find the following Professional Engineers Report concerning the dredging
project of Nixon Creek in Pender County, NC.
RW/cf
Enclosure

MAY-06-2005 10:02 YACHT 1
91036214ll P.02i02
NORRIS, KUSKE &TUNSTALL
CONSULYING ENGINEERS, INC.
May 5, 2005
Mr. Ron Worthington
Yacht 1
1662 Point Harbor Road
Wilmington, NC 26401
Re; Maintenance Dredging Nixon Creek Channel
Olds Pointe Development - Hampstead, NC
NKT Project No. 06106
Dear Mr. Worthington:
J. Phillip Norris, P.E.
John A. Kuske, III, P.E.
John S. Unall, P.E.
Jda Kuske, P.B. of Counsel
As requested, we have recently visited the Nixon Creek dredging project site. We observed the
diked spoil area as well as the Nixon Creek channel and side channel leading to a boat ramp
afea. While on site we met with Mr. Fred Ross of Ross Dredging who described the project to
date and provided information regarding the length of both Nixon Creek and the side channel
which remains to be dredged. You have also provided for our review a copy of the CAMA
permit and application for this project which gives dredge quantities, length of channel, dredge
depth, dredge width, etc.
We understand that the dredging of Nixon Creek has been suspended by the Division of Coastal
Management pending review of the existing spoils area by an engineer or surveyor, to
determine if the existing dike has adequate capacity to hold the volume of material remaining to
be dredged.
Based on our conversation with Kred Ross and viewing the aerial photo and existing water
depths you have provided, it appears the length of Nixon Creek remaining to be dredged is
approximately 640 feet and the length of the side channel to the boat ramp Is approximately 560
I.f. Both areas are specitled to be dredged to -3 ft MLW. Nixon Creek Is to have a 40 ft wide
bottom while the side channel is to have a 30 It wide bottom. We understand the depth to be
dredged in both remaining areas is approximately 2 feet. Based on the foregoing information,
the volume of material remaining to be dredged from Nixon Creek and the side channel is
calculated to be on the order of 3200 cubic yards, .
Rough measurements of the dike were taken which found that the dike Inside dimensions are
approximately 140 feet wide x 420 feet long with approximately 6-10 feet remaining wall heights.
Based on our observations of the existing dike construction, the reported length and depth of
Nixon Creek/Side Channel remaining to be dredged, and our preliminary calculations of the
remaining dredge volume, it is our professional opinion that the existing diked spoil area has
sufficient capacity to complete the Nixon Creek maintenance dredging project
Sincerely,
NORRIS, KUSKE 3 TUNSTALL
CONSULTING ENGINEERS, INC.
,fames T. Pyrtle, P.E.
JTP4mc 0610505-05.05ne
902 Market Street • Wlimington, NC 28401.4733 ' phone: [phone] - Far_ 910.343.9604
MAY-06-2005 09:29 910 343 9604 00%
P.01
TOTAL P.02