41-89 Letter of Refinement

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 24, 1996
Charles Cheatham
President, Oyster Bay Homeowner's Association
220 Oyster Bay Lane
Wilmington, North Carolina 28409
Dear Mr. Cheatham:
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APR 2 6 1996
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This is with reference to your request to modify State Permit #41-89 which was issued on 2/21/89 and
will expire on 12/31/97. The action proposed in your submittal is the one time change in the method
of dredging from hydraulic to clam bucket, which is located in the Estuarine Waters/Public Trust Areas
of Environmental Concern. The project is located in Myrtle Grove Sound north of Whiskey Creek in
New Hanover County. Upon reviewing the submittal I have determined that the proposed action is
consistent with existing State rules and regulations and is in keeping with the original purpose and intent
of the permit.
Because of the scope of the modification, we are handling the change as a refinement rather than a
minor modification, and can therefore return your check for $50.00 to you.
I hereby submit this Letter of Refinement authorizing the modification of State Permit #41-89 as
described in your letter and plans dated 4/17/96 and received in our office on 4/17/96. By copy of this
letter we are also notifying the U. S. Army Corps of Engineers of our action. If you have any
questions concerning the above or if I can be of any other assistance, please advise.
Sincerely,
C. Robert Stroud, Jr.
District Manager
cc: Tere Barrett, DCM
Ann Hines, LPO
Marta Klesath, COE
John Parker, DCM
Preston Pate, DCM
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

OYSTER BAY HOMEOWNERS ASSOCIATION
WILMINGTON, NORTH CAROLINA
April 18, 1996
Terri Barrett
NC Department of Natural Resources and
Community Development
Subject: Proposed maintenance dredging of Oyster Bay boat basin
We currently have a permit for suction dredging of the basin, but the April 1 deadline
for suction dredging could not be met. In order to be able to use our basin, we would
like to use "clam shell" dredging and do only enough to provide us with deep water for
a year or two until we can implement suction dredging of the basin. I have tentatively
lined up Coastal Deep Water (Brian Bullers) to remove approximately 1200 yards of
material. We have contacted the Corps of Engineers about spoil area and they have
designated two areas, one being preferred over the other.
We are seeking authorization from your department to do a "one time" clam shell
dredging of our basin. Per my conversation with you, 4/15/96 you thought you could
handle this from your office vs Raleigh. Per your instructions please find:
• Letter from Corps of Engineers concerning spoil area
• Chart showing primary and secondary spoil areas.
• Check for $50.00 to cover cost of application.
The letter for permission from land owner is not required as there is no owner of these
particular spoil islands. I obtained a map from the county tax office which shows land
owned by individuals and these islands are not shown as belonging to anyone. I
suppose that means they are governed by the state.
I will be out of town for the next two weeks, so I am designating Mr. A. 0. McCarley to
follow the permit pickup and dredging operation. Please notify him when permit is
complete at 799-5309.
Thanks for your help in getting this matter
such matters.
A'
Charles R. heatham
President, OBHO
220 Oyster Bay Lane
Wilmington, NC 28409
791-5667
under way, as I am very inexperienced in
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COASTAL DEEP WATER
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PHONE [phone]
April 17, 1996
To whom it may concern:
Brian Bullers and Coastal Deep Water have the permission
of the U. S. Army Corps of Engineers to deposit dredge spoils upon
an island adjacent to the intercoastal waterway. This island is located
across from Whiskey Creek. The north end of the island outside of
the dike wall on high ground is to be used for spoil area.
As an alternative, the island just north (across from Oyster
Bay) is permissible as an additional site.
Corps of Engineers 5O
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