131-83 Lowe, E. G.

Permit Class
New STATE 0FNORTH CAR0LINA
Department of Natural Resources and.Community Development
and
Coastal Resources Commission.
rrmtt -
for-
❑X
MajorDevelopment in anAced"of Environmental
Concem pursuant to NCGS_I'13A=118,
® Excavation and/or filling pursuant to NCGS 113.229
Issued to E. G. Lowe (for
Wilmington NC 28403
authorizing development in_
attached
Masonboro Boa
New Hanover
Permit Number
131-83
Page 1 of 2
and Marina, Inc.), 690 Trails End Road
at
Whiskey Creek
as requested in the perrnittee's application dated 6/13/83 including
8, dated received 6/15/83.
This permit, issued on September 13, 1983 , 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
/1. This permit authorizes only maintenance of existing channel or basin areas.
Any work delineated on the plat set as "New Dredging" is hereby deleted.
Structures associated with new dredging are not deleted but permittee is cautioned
that developing or planning to develop -new structures, the use of which is
totally dependent upon new dredging, is done at his own risk.
J2. In order to protect juvenile shrimp populations, no excavation or filling will
be permitted between the dates of April 1 through September 30 of any year
without the prior approval of the N. C. Office of Coastal Management.
-3. Use of the AIWW Federal easement area for disposal of dredged material is at
the discretion of the Corps of Engineers and any future maintenance activity
utilizing this area must be approved by same.
�/4. The completed diked disposal area will be inspected and approved by a repre—
sentative of the Office of Coastal Management and/or the Corps of Engineers
prior to any dredging.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental
approval.
All work must cease when the permit expires on
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 DNRCD and
the Chairman of the Coastal Resources Commission.
Kenneth D. Stewart, Director
Office of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

E.. G. Lowe (Masonboro Boatyard Marina, Inc.) — Permit_#131-83,.. .
Page 2 of 2
ADDITIONAL CONDITIONS
AAll excavated materials will be confined landward-of.the mean high water elevation.
within adequate dikes or other retaining structures to prevent spillover of solids
into any marsh or surrounding waters.
6. The terminal end.of the pipeline from the dredge into the diked retention area
will be positioned at or greater than 50 feet from any part of the dike and at
a maximum distance from spillways to prevent dike erosion and to allow adequate .
settlement of suspended solids.
/. A water control structure will be installed at the intake end of the effluent
pipe leading from the retention area in order to insure maximum settlement of
suspended solids.
/8. Flow from the diked retention area will be confined by pipe, trough, or similar
device to a point at or below the mean low water to prevent gully erosion and
resultant unnecessary siltation.
✓ 9. No marshland will be excavated and/or filled.
1
I

609 TRAILS END ROAD, WILMINGTON, N.C. 28401
June 14, 1983
Mr. Robert Stroud
Dept. of Natural Resources and Cummunity Development
7225 iirightsville Avenue
Wilmington, North Carolina 28405
Dear Mr. Stroud:
INC. •
Phone [phone]
Attached please find an application for dredging which m6dii'ies our original
application of December, 1982. Also attached, you will find a set of eight
(8) drawings which details our modifications and thoroughly outlines our cur-
rent request. We trust that you will find these drawings adequate for your
needs, as they are self-explanatory.
You will note, I'm sure, a substantial reduction in the total new area to be
dredged as compared with our original request. We feel like the small area
we now propose to dredge(new) will not only meet our needs; but also takes
into consideration the need to keep primary nursery areas intact. This aware-
ness on our part was fostered by our numerous conversations with you, as well
as the discussions held at Masonboro Boatyard earlier this spring, when rep-
resentatives of several other agencies were present.
As you distribute our modified request, we hope that you will convey to the
agencies our attempts at genuine compromise and our awareness of the need to
preserve primary nursery areas. Please be sure that all interested parties
receive a copy of (a) the application, (b) the 8 drawings, and (c) this let-
ter. We invite anyone who has questions about plans, etc. to personally con-
tact us by phone, or in person.
Thank you kindly for your assistance, and please do all you can to expedite
this application.
Since
G.E. Lowe, Jr., President
Masonboro Boatyard and Marina, Inc.
Copy to: U.S. Army Corps of Engineers y .•,b
Regulatory Functions Branch ,UN 199'i
Charles Hollis
OFFICE OF COASTAL MGT
WILMINGTGNN• C.

-.. _
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..
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I
PROP OF: ,
DENNIS 0 SULLIVAN . ''
P.O. BOX 643 M.H.1V.2+3.8
WILMINGTON, N.C.
.. \,'-—rv,e•r FLOATING DOCK
of!+nm� m.
ASC
1 ORO 8047 yARI
S.R, + �...�....
I517 ee
iq�
PROP OF:
HILDA FREDERICKS
615 TRAILS END ROAD ,' 1
WILMINGTON, N.C.
XIST. PIER
M.L.W. s 0.0 /
. MAINTENANCE DREDGING
J.
j
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/� �••�� Po
NEW DREDGI O /� /I /
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/ CO. ROAD MAP
M.H.W.=+3.8 IF/ ab,.
NOTE, \
APPROX. Job 500 C.Y. WILL BE
REMOVED 01 HYDRAULIC DREDGE
AND PLACED ON SPOIL AREA.\
♦
11
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VICINITY MAP AND
SPOIL AREA PLAN
SCALE: I"c 400'
FROM AERIAL PHOTO
SPILLWAY WITH
STILLING BASIN
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:''�. •, o�� ���'•+'• .•t�'•, ''r" '"' MARINA EXPANSION
�/• ,r,g. m, "' MASON80RO BOAT YARD INC.
609 TRAILS END ROAD
', "' "• WILMINGTON, N. C.
AUGUST, 1982
"r';♦„.'''' 1 REVISED MAY 1983, CHANGED NEW DREDGING SHEET I OF 5

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t
loo to 30 71E PIl6 I go+ •To II- e4plmr. PIER sa
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NEW DREDGINGLu
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EXISTING PIER =+7.82
o NEW PIER
RAMP RAMP"
NEW FLOATING DOCKS 7.8+
_
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II SAWKS 74-$5-23-055)
(VOID) SECTION B _ B (VOID) V
SCALE:.I"= 2O'
"MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N. C.
AUGUST, 1982
REVISED MAY 1983 ADDED PIER'Q.DOCK SECT. A -A
VOID SECT. B-B SHEET 3 OF 5
7

A.I.WW. SIDE
SPILLWAY PIPED
OVER GRASS
M.H.W. OR EDGE Id
OF GRASS -
oTOP DIKE +12.0
PROPERTY LINE
:XIST. C
MW NT
STILLING BASIN SPOIL
EXIST. GROUND LINE
TYPICAL SECTION THRU SPOIL AREA
NOT TO SCALE
1'D = 100'+
REpGItJ G, NEW FLOATING DOCK
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MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N. C.
AUGUST, 1982
REVISED MAY 1983 j DELETED NEW DREDGING
FROM SECT. C-C SHEET 4 OF 5

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EXIdiT. FIXED Docv_ NEW Fl-Oa'TING
To pp_ ToFtJ 00Wn1 DocK SYSTEM
-_ (SERJICE vOGK�
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MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY 1983 'SHEET C OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

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REPAIR SHOP TO SERVICE DOCK
SCALE: 1° = 501
50 0 50
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MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY1983 SHEET B OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

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SCALE: 1°= 50'
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MARINA EXPANSION
MASONBORO 'BOAT YARD INC.'
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY 1983 SHEET D OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

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MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY 1983 SHEET E OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

biLI Cate.%. W/ CJ AAA
North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grirnsley, Secretary
January 11, 1983
Ms. Sandra Babb, Director
Division of Community Assistance
Raleigh, North Carolina 27611
Dear Ms. Babb:
OFFICE OF
COASTAL MANAGEMENT
Kenneth D. Stewart
Director
Telephone [phone]
\r
' %M
25 10,
BAN
Cpp$(Al REW10teES CDO,
The attached copy of an application submitted by:
Ed Lowe
Applicant's Name
Masonboro Boat Yard, Inc. Whiskey Creek, New Hanover Co.
ration of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
January 25, 1983
JRP:bli:2480
S'n erely,
John R. rker, Jr.
Permit Coordinator
P. O. Box 27687 Raleigh, N. C. 27611 7687
An Equal Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the proposed work...
. .. A
l/ (B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ..that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ..that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
W Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
(dY� Pr�l
signed

January 24, 1983
MEMO TO: John Parker 4'L CES Cote•
FROM: Melba Laney COPRA
SUBJECT: Masonboro Boat Yard _
Inc. Whiskey Creek
New Hanover County
I feel that these comments are relevant to the above named project.
"The New Hanover County Zoning Ordinance should be consulted
if expansion of floating homes is planned."
ML:kd

N

P 444 096 749
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED —
NOT FOR INTERNATIONAL MAIL
(See Rene)
Sent to /f
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Street and No.
P.O., State and ZIP Cod JI(
Postage
Certified Fee
Special Delivery Fee
Raitrlcted Delivery Fee
Return Receipt Showing
to whom and Data Delivered
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N
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OFFICE OF
North Carolina Department of Natural COASTAL MANAGEMENT
Resources &Community Development Kenneth D. Stewart
Director
James B. Hunt, Jr., Governor Joseph W: Grimsley, Secretary Telephone [phone]
September 13, 1983
Mr-. E. G. Lowe
690 Trails End Road
Wilmington, NC 28403
Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area
Management Act and where applicable, the State Dredge and Fill Law, for you
to proceed with your project proposal. The original (yellow form) of the
permit is retained for your files and must be available on -site when the
project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope at your
earliest convenience. Signing the permit and proceeding indicates your
agreement with the conditioned permit. This act also means you have waived
your right of appeal described below.
If you object to the permit, as conditioned, you may request an appeal
hearing before the Coastal Resources Commission pursuant to NCGS 113A-122 or
113-229. Such hearing must be requested within twenty (20) days of your re-
ceipt of this letter. You should also be aware that, by law, if another
qualified party submits a valid objection to the issuance of this permit with-
in twenty (20) days the objection must be resolved prior to work initiation,.
In other words, work started within the next three (3) weeks could be stopped
If objections are submitted.
The project plan is subject to those conditions appearing on the permit
form. Otherwise, all work must be carried out in accordance with your ap-
plication. Modifications, time extensions and future maintenance require
additional approval. Please read your permit carefully prior to starting
work and review all project plans, as approved. If you are having the work
done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
From time to time Department personnel will visit the project site. How-
ever, if questions arise concerning permit conditions, environmental safeguards,
or problem areas you may contact Department personnel at any time for assis-
tance. By working in accordance with the permit, you will be helping to pro-
tect our vitally important coastal resources.
Very sincerely,
R. Parker, Jr.
•JRPjr:jm Pe is Coordinator
P. 0. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

�q cure 8-7 N U
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Ed Lowe (Modified Report)
2. Location of project site South side of Whiskey Creek - New Hanover County, North Carolina
Photo 16-260-
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit g/iti/g2 i1/qn/Rq 12/gR/Rg
(B) Was applicant present yes yes no yes
5. Processing procedure: Application received Modified 6/15/83 Office Wilmington, N.C.
6. Site description: (A) Local Land Use Plan Wilmington - New Hanover
Land classification from LUP Conservation
Development constraints identified in LUP Conservation provides
for effective long -tern management of significant limited or irreplaceable areas. Gen-
erally. all marshes and adlacent lands within the 100=near floodplain, and the County's
critical aag1uiter recnarge area nave peen ciassiriea as ­Uonservation , nXceprlons ro me
lB)-y(s)ic�voal edCY10cean mare=�m1 to. water auarinesfiore iney'
Coastal wetlands Public trust waters X
Estuarine waters X Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private Commercial X
(E) Type of waste water treatment: Existing Septic Tank
Planned N/A
(F) Type of structures: Existing Boat Docks and Floating Homes
Planned Increase Dock Space
(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
f]
N/A
(B) Non -vegetated wetlands:
New Shallow Water Areas .59 acre (25,600 s.f.)
—Oyster Rock 05 acre a
0 c_f-) included in above
Maintenance Areas including 4. acres
RcCGss Channel
(C) Other: '
Corps Spoil AIM Disposal Area appx. 11.0 acres
appx.
(D) Total area disturbed: 5.b4 acres apex. 11.0 acres
Project summary The applicant proposes to maintain the existing marina basin and to
slightly increase the size of the marina by performing new excavation. The pier and
dock system will be improved. The resulting spoil materials will be deposited across
the AIM in a Corps.disposal area..
*Modified plans.

9. Project Narrative - The project is located at the mouth of Whiskey Creek
along the southern shoreline. There is an existing access channel (approx-
imately 1,265' long x 60' wide x -3.0' mean low water [m1Q ) leading to an
existing marina basin (approximately 250' wide x 550' long x -3.0' mlw).
Activities which occur at this facility are boat construction, boat repair,
routine marine services for transient and permanent vessels and floating
home construction and dockage. There is a shallow water area including an
oyster rock located between the eastern edge of the existing basin and the
AIM. The dimensions of this rock are approximately 160' long x 60' wide
(maximum). This shallow water area is a designated primary nursery area as
is the entire creek. There is also a shallow water cove area located at
the southwest corner of the existing basin. This area is adjacent to an
existing repair shop. The basic appearance of this cove is that of a pre-
viously disturbed area. No wetland vegetation is located within the scope
of the project.
The applicant proposes to maintain the existing basin and access channel
by hydraulic dredge. In addition to this work he proposes to excavate new
areas to the east of the existing basin and another smaller area at the
southwest corner. All areas will be excavated to a depth of -8.0' mlw.
The enlargement of the basin to the east will involve an area approximately
40' wide x 200' long x -8' mlw. The enlargement to the west will be approx-
imately 80' wide x 220' long x -8.0'. This area also includes in these
dimensions the removal of an oyster rock approximately 20' wide average x
110' long. Approximately 36,550 cu. yds. of material will be excavated and
will be deposited within a Corps spoil area to the east of the AIM. In
addition to the excavation, the applicant is proposing to construct approx-
imately 500' of new docks and repair approximately 90' of existing dock.
An additional approximately 200' of fixed dock will he removed from the
system.
The plans do not now include the breakwater and current/wave deflector.
10. Anticipated Impacts - The modified plans show a significant reduction in
the scope of the project. The original proposal for new work indicated
approximately 2.6 acres of shallow water habitat would be converted to deep
water. Also 0.2 acre of oyster rock would have been lost. The new pro-
posal indicates that approximately .59 acre (25,600 s.f.) will be converted
to deep water. Included in that total are approximately 2,200 s.f. of
oyster rock. This particular oyster rock represents a change from the ori-
ginal loss. The new resource is located at a bend in the low water channel
adjacent to the existing marina. The applicant has stated that in order
to provide for safer boat access, this "corner" needs to be removed. The
Division of Marine Fisheries has previously relayed oysters from this area
to non -polluted waters.
Submitted by: Bob Stroud
Office: OC4 - Wilmington
Date: June 28, 1983

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. Box 1890
WILMINGTON. NORTH CAROLINA 28402
August 30, 1983
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWCO83-M-065-0193
Mr. John Parker
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Dear Mr. Parker:
AUG s 1 19B?
COASiAL RESOURCES 0010
Reference the application of Mr. Ed Lowe, Hasonboro Boat Yard
and Marina, Inc., for a Department of the Army permit to maintain
and enlarge marina facilities on Whiskey Creek, southeast of
Wilmington, New Hanover County, North Carolina.
The Federal agencies have completed review of the applicant's
modified proposal of June 14, 1983, as presented by the
application and your field investigation report. We recommend
that the following conditions be included in the State
authorization:
a. The two areas of marina basin expansion involving new
dredging work will be staked by the applicant, inspected and
approved by representatives of the Corps of Engineers and the
N. C. Office of Coastal Management prior to any dredging work.
b. Use of the AIWW Federal easement area for disposal of
dredged material is at the discretion of the Corps of Engineers
and any future maintenance activity utilizing this area must be
approved by same.
C. The completed diked disposal area will be inspected and
approved by a representative of the Corps of Engineers prior to
any dredging.
d. In order to protect juvenile shrimp populations, no
excavation or filling will be permitted between the dates of
April 1 through September 30 of any year without the prior
approval of the N. C. Office of Coastal Management.

-2-
e. All excavated materials will be confined landward of the
mean high water elevation within adequate dikes or other retaining
structures to prevent spillover of solids into any marsh or
surrounding waters.
f. The terminal end of the pipeline from the dredge into the
diked retention area will be positioned at or greater than 50 feet
from any part of the dike and at a maximum distance from spillways
to prevent dike erosion and to allow adequate settlement of
suspended solids.
g. A water control structure will be installed at the intake
end of the effluent pipe leading from the retention area in order
to insure maximum settlement of suspended solids.
h. Flow from the diked retention area will be confined by
pipe, trough, or similar device to a point at or below the mean
low water to prevent gully erosion and resultant unnecessary
siltation.
i. No marshland will be excavated and/or filled.
Questions or comments may be addressed to Mr. Steven Lund,
telephone [phone].
Sincerely,
C a rT)
Charles W. Hollis
Chief, Regulatory Branch
Mr. Bob Stroud
Office of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

t
.�`"' °`.y United States Department of the Interior
FISH AND WILDLIFE SERVICE
Division of Ecological Services
t 310 New Bern Avenue Rocco 466
eigh, North Carolina 27601-1470
JUL $ jgg? July 7, 1983
CO,VTAL RESduRCES COMM.
Colonel Wayne A. Hanson
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
Dear Colonel Hanson:
The U.S. Fish and Wildlife Service has reviewed public notice SAWC083-
N-065-0193. The applicant, Mr. Ed Lowe, proposes to perform new and
maintenance dredging and to construct a floating dock and pier in
Whiskey Creek, New Hanover County, North Carolina. This is the report
of the Service and the Department of the Interior and is submitted in
accordance with provisions of the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
A Service biologist visited the site on February 9, 1983 and on April
19, 1983. By our letter of February 14, 1983 we enumerated our
concerns about the project as originally proposed in public notice
SAWC 083-N-056-0058. Of major concern was the proposed new dredging of
2.6 acres of estuarine bottoms which is designated as primary nursery
under the North Carolina Administrative Code, 15NZPL 3B.1400. The
present proposal reduces the scope of that project and now calls for
dredging an area approximately 0.2 acres in size at the eastern edge
of an existing basin.
The Service recognizes that the applicant has significantly reduced
the potential impact to fish and wildlife resources associated with
the proposed project and that the project purpose is water dependent.
However, in view of the unusually high value of the resource in ques-
tion, as evidenced by its primary nursery designation, we believe that
further modifications are needed to avoid significant resource losses
and the establishment of an unacceptable precedent. Accordingly, the
proposed new dredging, if performed no deeper than -4.0 feet mean low
water (MLW), would allow the affected area to retain some of its pri-
mary nursery characteristics while at the same time providing naviga-
ble water for smaller boats using the applicant's facility.
Therefore, the Service does not object to issuance of a permit for
this project provided the following conditions are incorporated in any
permit issued:
Depth of new dredging east of the existing pier shall
not be deeper than -4.0 feet MLW.

v
2. Dredging shall not be performed between April 1 and
September 30 of any year.
Please advise this office of any action taken on this matter.
Collier/cc
cc:
NMFS
EPA
OCM - John Parker
Preston P. Pate, Jr.
RO
Sincerely yours,
David H. Rackley
Acting Field Supervisor

" 6"� North Carolina Department of Natural
Resources &Community Development
.���. James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
August 26, 1983
Mr. G. E. Lowe
609 Trails End Road
Wilmington, NC 28403
Dear Mr. Lowe:
OFFICE OF
COASTAL MANAGEMENT
Kenneth D. Stewart
Director
Telephone [phone]
This letter is with reference to your request for Coastal
Area Management Act and Dredge and Fill permits for basin main-
tenance and expansion at your Whiskey Creek marina in New Hanover
County. Processing of the application is essentially complete and
as the process continues, it begins to appear that unfavorable
comments might be forthcoming. If I have inadvertently indicated
to you smoother sailing, I do hereby apologize.
It is our plan to take action on your file within ten days.
Because the initial processing period concludes on August 28th,
this letter must also serve as an extension notice. Such extension
is in keeping with CRC Rule and as mentioned, is not expected to
exceed ten days.
Should you have any questions on this matter or any suggestions
as to the usefulness of a maintenance permit, please contact me at
your earliest convenience.
Very sincerely,
Jo Parker, Jr.
Permit Coordinator
JRP:jr/aw
cc: Bob Stroud
OCM - Wilmington
P. 0. Box 27687 Raleigh, N. C. 27611-7687i
An Equal Opportunity A(lirmarive Action Employer

APPLICATION }
FOR 11
DFf` 14 1982
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
OFFICE OF COASTAL MGT,
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVEL WNT IMETON, N. C.
Department of Administration State of North Carolina Department of the Army
(GS 146-12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.320.329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
I. Applicant Information
A. Name Lowe Ed
Last First Middle
B. Address 609 Trails End Road (Masonboro Boat Yard, Inc.)
Street, P. O. Box or Route
Wilmington N. C. 28403 791-1893
City or Town State Zip Code Phone
If. Location of Proposed Project -
A. County New Hanover
B. 1. City, town, community or landmark Wilmington, N. C.
2. Is proposed work within city limits? Ye; No _X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
On Whiskey Creek at Atlantic Intracoastal Waterway
Ill. Description of Project
A. 1. Maintenance of existing project X 2. New work X -
B. Purpose of excavation or fill
r t
1. Access channel length ±1265r width 60 depth -8.0
2. Boat basin length ± 950 width 200-350'depth -8.0'
3. Fill area length ±1200' width ±400' depth varies
4. Other length width depth
C. 1. Bulkhead length N/A Average distance waterward of MHW (shoreline)-
2. Type of bulkhead construction (material) N/A
D. Excavated material (total for project)
1. Cubic yards ±53r 000 2, Type of material silty sated and shell
E. Fill material to be placed below MHW (see also VI. A)
1. Cubic yards none— 2. Type of material - --
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes - No X
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal Area 1. Location Existing spoil island on AIM
2. Do you claim title to disposal area? No permission
D. Fill material source if fill is to be trucked in N/A
E. How will excavated material be entrapped and erosion controlled?
and sLlillway structure
F. T ype of equipment to be used riydrauLlc pipeline areuge
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
no
D& F-B I

V. Intended Use of Project Area (Describe)
A. 1. Private_
2. Commercial
3. Housing Development or Industrial
4. Other UWE OF '
WILMINGTON,
B. 1. Lot size(s) N/A
2. Elevation of lot(s) above mean high water
3. Soil type and texture N/A
4. Type of building facilities or structures N/A
N/A
5. Sewage disposal and/or waste water treatment A. Existing X Planned
B. Describe_ADDrOVea SeD Ic tanK clignncaI System- lock lei y enforced at docks
6. Land Classification (circle one) DEVELOPED ANSITIONA COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land. Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A Does the proposed project involve the placement of fill materials below mean high water? Yes —No _ X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes X No`
2. Type of discharge S fo:1
3. Location of discharge RZwt
VII. Present rate of shoreline erosion (if known): Minimal
Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: SAWM 74-65-23-065 N Ff 1 2
IX. Length of time required to complete project: 4 months
X In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the o"wn�gr claims t� us Written
U permission from the owner to carry out the project on his land. 0 /
B. Attach an accurate work plat drawn to scale on 8% X I I" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Dennis O'Sullivan, P. O. Box 643, Wilmington, N. C. 28402
Hilda Fredricks. 615 Trails End Road. Wilmington, N. C. 28403
_
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolinats approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli.
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE /a - H_ k z SJ ,
Applicant's Signature
-X.F-52 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev_ lnr7R

PROP OF:
DENNIS O'SULLIVAN
P.O. BOX 643
WILMINGTON,N.C.-
EXIST. FLOATING DOCK
EXIST. PIER
M.L.W. 2 0.0
AINTENANCE DREDGING
NEW
DREDGING
047
S. M.L.
- -f§ /:L: LS
efv6' rjD.
61 -
.5 TRAILS END ROAD
WILMINGTON, N.C. ,
II I
N=-
APPROX. 53 000 CY WILL BE
REMOVED 9Y HYDRAULIC DREDGE
AND PLACED ON SPOIL AREA.\
'VICINITY MAP AND
SPOIL AREA PLAN
SCALE: I"= 400'
FROM AERIAL PHOTO
SPILLWAY WITH -.or mt..
STILLING BASIN
ff
al,
SCALE: I-= 2-MILES
FROM N.C. S.H.C. NEW HANOVER
CO. ROAD MAP
RETAINING DIKE SET BACK
FROM A tW.
�,,,,AND. GRASS
LINE l
OFFICE OF CUAISFAL IVIGT-�
WILMINGTON,
MARINA EXPANSION
MASONBORO E30Al lArlu INC.
.. . ... 609 TRAILS END ROAD
WILMINGTON, N.C.
AUGUST, 1982
SHEET I OF 5
Project#2566

LIMITS
M.L.W.=0.�
o
N
M.H.W.=+3.8�
PROP OF: , ,4 EXIST. RAILWAY
O'SULLIVAN iX REPAIR SHOP
NEW DREDGING EXIST. BULKHEAD
80, PROP._.. LINE
11� PROP OF:
} I FREDERICKS
1`II
' II
A D D RD)
�1517(T�J � II II
198' EXIST. PIER
1060'
600' NEW FLOATING DOCK
M.L.W. _
DREDGING
M.L.W. = 0.0-
\ \ _ -------
1 I
I NEW DREDGING I
1 1 1
II 1
1
I I I
I I I
I I
I 1 M.L.W =0.0—f�
I �
I 1
M.H.W. =+3.8 I
I
III DATUM: MEAN LOW WATER = 0.0 (M.L.W.)
PLAN
I" = 200'
CURRENT/WAVEI '
DEFLECTOR
125'
/ 250' I
I 205
I
>I
MARINA EXPANSION
MASONBORO BOAT YARD INC,
609 TRAILS END ROAD
WILMINGTON, N. C.
AUGUST, 1982
SHEET 2 OF 5

EXISTING BO'
REPAIR SHOP
FL. EL. +8.03
'': M.H.W. 0+3.8
BOT M= t 0.31 M.L.W=0.0
II II• H U C 'CUT
I1 CUT TO-8.0'
I I
}I SECTION A- A
SCALE: I°s 20'
!O` VARIES - --- -- $90' {-------- -------- 10 A I W.W.-
NEW DREDGING
f
EXISTING PIER --+7.82 - - - I
ftlRAMP- NEW PIER
NEW FLOATING DOCKS 7.8+O. M. L.WD AU I CUT
.^POO
�I II6,,CUT TO - 8.0 (ORIGINAL PROJECT DEPTH, i'
11 SAWKS 74-65-23-065 } q
®SIR SECTION, B -. B
SCALE:.I. a 20
MARINA EXPANSION
DFr, ' 4 lggp MASONSORO BOAT YARD INC.
OFFICE OF COASTAL MGT. 609 TRAILS END ROAD
WILMINGTON, N. C.
WILMINGTON, N. C. AUGUST, 1982
SHEET 3 OF 5

A.I.W.W. SIDE SOUND SIDE _
SPILLWAY PIPED
OVER GRASS
M.H.W. OR EDGE 10' SPOIL AREA VARIES IO'
OF GRASS
P TOP DIKE=+12.0 DIKE M.H.W. OR EDGE
I SPILLWAY STILLING BASIN gp01L OF GRASS
PIPE
M.H.W.o+3.8 ® :.:=: : ::•...::.., M.H.W.
' • .. .;.;-.:.; ...... EXIST. GROUND LINE . ... .. ... "::"� :'-: ;•::•, ; ; M•LbL
I TYPICAL SECTION THRU SPOIL AREA
NOT TO SCALE
PROPERTY LINE - 100' t 100'+ _ 150' +
EXIST. CHANNEL 60, _ //// - PROPERTY
W FLOATING DOCK LINE
f+ 1.5
M.H.W. = 3.8'
_M.L.W.= 0.0' _ +0.5 +0.5
— 3. 0 + (M.L.W.i .. ..._ _ . -. I'r:.•%::
j6, CUT TO —8.0 (ORIGINAL PROJECT DEPTH, -
j - SAWKS 74-65-23-065)
j SECTION C-C
1o= 20' H, 1 = 2 V
D
MARINA EXPANSION
DEC 1982 MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
OFFICE Of COASX MGT.. WILMINGT sae N. C.
AUGUST�WILMINGTON, 3, C•
SHEET 4 OF 5

14'' RUMP
REINF. CONC. DECK
FLOATING DOCK .'j0.�.
•,'•,'„•' ;°_•r¢
REI(DOUSLEjMEMBERS,
TREATED WOOC
j0
ON A.I.W.W. SI
M.H.W. =+B.8
REINF. CONC.
PILES
- - - -
a
�-80TTOM ^'
M.L.W.= 0.0
7--VARIES
EL. -8.0
MIN. PE
(PER BU
CURRENT/WAVE DEFLECTOR
NOT TO SCALE
BREAKWATER
)E OF PIER
NETRATION
LDING CODE)'
TYPICAL. PIER SECTION It
aNOT TO SCALE
O�PICE OF COASTAL MGTr
WILMINGTON� N, C•
MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N. C.
AUGUST, 1982
SHEET 5 OF 5

STY MARY OF PROJECT O
DEC 14 M2
OFFICE OF COASTAL MGT.
WILMINGTONIIN C.
Both maintenance and new dredging will be performed wit in
the project area as shown on Sheet 2 of the supporting sketches.
Shoaling has occurred throughout the existing channel and basin
area to a depth of -3 feet mean low water (MLW), making it
essential that maintenance dredging be performed as soon as
possible. The proposed new dredging areas (Sections A and B
on Sheet 2) are necessary to accommodate vessel repairs adjacent
to the existing repair shop and a new floating dock capable of
accommodating approximately 120 new boat slips in our boat yard -
marina complex. Approximately 53,000 cubic yards of silty sand
and shell materials will be excavated in the combined maintenance
and new dredging.
The dredged materials will be placed on an existing spoil
island a short distance to the southeast of the boat yard -marina
as shown on Sheet 1 of the attached sketches. Care will be taken
to insure that the spoil area dikes will be constructed to adequately
accommodate all of the material anticipated, insuring that there
will be no encroachment into salt marsh vegetation areas. The
dredge effluent will be controlled by a stilling basin and weir
structure with discharge directly back into the waterway, with
an elevated overflow pipe. Care will be taken to leave the area
in a condition to facilitate future re -use for dredge spoil
disposal.

DP(% n 198?
OFFICE OF COASTAL MGT-
WILMINGTON, N• G•
A 200-foot long reinforced concrete pier/breakwater will
be constructed on the waterway end of the new floating dock
section. This structure will be placed approximately 205 feet
west of the AIWW navigation prism. It is anticipated that this
will help protect boats from wave wash resulting from waterway
traffic and also tend to minimize future shoaling of the dredged
basin area by reducing turbulence and sediment transport into
the basin. The proposed floating dock will be constructed of
concrete pontoon type floats secured by piling. The exact spacing
for boat slips is pending our final determination of size of
vessels that will use the facility, but slips are expected to
range from 13 to approximately 20 feet in width. .
Finally, a 125-foot long current deflection and wave attenuation
structure is to be placed on the north side of the access channel,
angled 30 degrees from the edge of the channel prism. The location
and details for this proposed structure are shown on Sheets 2
and 5. This structure is necessary to protect the channel entrance
from the strong flood tide currents that move southward down the
waterway in this location, making safe navigation of the Whiskey
Creek entrance channel extremely hazardous. The structure will
also help to protect vessels moored at the proposed new docks
from wave wash resulting from heavy navigational traffic along
the waterway.

MASONBORO BOAT YARD AND MARINA, INC.
609 TRAILS END ROAD, WILMINGTON, N.,C. 28401
December 14, 1982
Wilmington Regional Office
Department of Vatural Resources
and Community Development
7225 Wrightsville Avenue
Wilmington, N.C. 28403
Dear Sir:
Phone [phone]
14
DPQ I A IW2
OFFICE OF COASTAL MGT.
WILMINGTON, N. C.
Enclosed please find our application for a CAMA Permit for Major Development,
regarding proposed dredging and construction at Masonboro Boatyard and Marina
on Whiskey Creek in Now Hanover County. You will also find enclosed a summary
of the project and several detailed drawings.
It has been roughly ten years since the original dredging in Whiskey Creek.
During the intervening years, the creek has silted to the point where vessels
of four foot draft or greater can not enter the creek during a period from
two hours before to two hours after low tide. Needless to ssy, this has drast—
ically restricted the time when vessels may enter or leave our marina, or the
creek. This is true for our transient customers, a.nd our reular slip renters
as well. In fact our advertisements in various cruising publications advise
transients to call us for advice prior to attempting to navigate the creek.
In addition, many of our regular customers find themselves aground in their
slips at low tide, due to siltation. These circumstances make the need for
maintenance dredging self—evident.
What is not quite so readily apparent is the need for the "new" dredging

DFC t A 1932
• Page Two
OFFICE OF COASTAL MGT-
outlined in our application. There are two reasons why the new dredilL5I4TON, N. C.
needed: one is a private, internal need for Masonboro Boatyard and Marina,
which indirectly relates to a second, more public need.
The maintenance dredging which is absolutely essential to our survival as a
small business will alone cost us approximately $ 85,000.00 . This is a pure
cost which can not be passed on to our customers by simply raising prices.
Financing of this maintenance work is available, but the burden is so great
(payments of $ 1,900.00'per month for ten years) as to be unbearable. Con—
sequently, an additional source of income is required. One way for'us to raise
additional'capital for dredging ,is by creating new slip spaces. The combined
costs of maintenance dredging, new dredging, and slip construction could then
all be amortized through slip rental revenue. Not only would this meet our
near —term need for capital, but it would also provide um -with a greater customer
base, from which the increased revenues would help defray future dredging expenses.
In short, our current customer base does not provide sufficient income nccessary
to maintain our basin and channel; and an increase in that base would provide
the necessary income.
It just so happens that our internal need to create additional slips comes at a
time when the numbor of slips available for rent in New Hanover County is
decreasing. Since 1979, over 315 slips have been converted from those rented
monthly to the general public, to those slips bought and sold privately. (Also
known as "Boatominiums.") Generally speaking, slips in bontominium marines
are much more expensive,than slips rented monthly, as at Masonboro Bontyerd and
Marina; and in at 1--ast one instance, the developers of a boatomidium marina
discontinued the servicing of boats and marine engines entirely. Thus, two
needs have arisen within the boating community in southeastern t:orth Carolina:

Page Three
(1) A need for an increased number of slips available for rent on a monthly
basis at a reasonably cost, and (2) A need for adequate service facilities
for cormercial and pleasure vessels of moderate draft (up to 8 feet).
We feel that our proposed project fulfills both of there public and private
needs with minimal adverse impact on the estuary at Whiskey Creek. After
preliminary discussion with the GUJA Field Officer, we reduced the size of
the project from 180 slips to approximately EO slips. This was originally
done in order to minimize dieturbAnce of nursery areas; happily a side effect
of this reduction is that financing will be much easier to arrange.
At any rate, please give careful consideration to our permit application.
If, for some reason, you have objections to certaint portions of our proposal,
or to the entire project, we would welcome any suggestions you might have for
changing the project in order to meet your objectives, while also meeting our
n^eds, as outlined above. We are hopeful, however, that you will approve
thiE project, and that approval will come in time to dredge prior to the close
of this winter s dredging season. If you have any questions, please fuel free
to telephone us. In addition, we request that you provide us with timely
written notice of any meeting or hearing during which this pro;Pct may be
discussed.
Sincerely,
DFr. t e 193e'
��-- OFFICE OF COASIAL MGT.
WILMINGTON, N. C.
G. E. Lowe, Jr., President
MASONBORO BOATYARD AND MARINA, INC.
GEL: al

OFFICE OF
NAGEMENT
North Carolina Department of Natural COAST
Kennne h C. Stewart
04�W Resources &Community Development Director
C?mfs 6. Hun,, Jr., Governor Joseph W_ Grimsley, Secretary Telephone [phone]
,r
Field Services Section
7225 Wrightsville Avenue
Wilmington, N.C. 28403
[phone]
February 7, 1983
Mr. Dexter Hayes, Planning EAT6ctor
New Hanover County Planning Office
320 Chestnut Street
Wilmington, North Carolina 28401
Dear Dexter:
The enclosed information represents the project proposed by Mr.
Ed Lowe, Masonboro Boat Yard. We have briefly discussed this project
at an earlier date.
We noted that the land use plan synopsis shows a change from
transition to conservation for this area.
Would you examine the information and provide us with a state-
ment of consistency with the county's land use plan?
If you have any questions concerning the project, please advise.
Thank you for your consideration of this matter.
CRS/jc
Enclosure
cc: Preston Pate, OEM
John Parker, OEM
Sincerely,
C. Robert Stroud, Jr.
Field Consultant

OFFICE OF
COASTAL MANAGEMENT
North Carolina Department of Natural
Kenneth D. Stewart
Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone [phone]
Field Services Section
7225 Wrightsville Avenue
Wilmington, N.C. 28403
[phone]
December 16, 1982
Ed Lowe
Masonboro Boat Yard, Inc.
609 Trails Ead Road
Wilmington, N.C. 28403
Dear Mr. Lowe:
The Department of Natural Resources and Community Development hereby
acknowledges receipt of your state application to perform maintenance
dredging and new excavation at the Masonboro Boatyard on Whiskey Creek in
New Hanover County. Also proposed is the construction of a new concrete
pier and breakwater structure.
Your application appears complete at this time. A field consultant
from this office will be contacting you in the near future to arrange an
onsite visit. We will also be coordinating our permit review with the
Amy Corps of Engineers and the Division of Environmental Management (DEM).
This office has already given a copy of your application to DFM in order
for then to make an early determination as to whether a 401 Certification
will be required. They may be contacting you directly if they have addi-
tional concerns.
Should you have any questions or need assistance, please feel free to
contact this office at your convenience.
RM/jlc
Sincerely,
Rob Moul
Field Consultant
cc: Ed Beck, DFM
Steve Lund, Corps
Preston Pate, OCM
P. 0. Box 27687 Raleioh. N. C 27611-7687

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MAY 1983 SHEET A OF E
SUPPLEMENT TO
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.� — Safi V.a
MASONBORO BOAT YARD AND MARIN
609 TRAILS END ROAD, WILMINGTON, N-C. 28401
February 16, 1983
Mr. John Parker
Office of Coastal Management
512 North Salisbury Street
P.C. Box 27687
Raleigh, N.C. 27611
Dear Mr. Parker:
Phone [phone]
FEB
21 10
COASTAL RESOURCES COMA.
I would like to thank you for taking the time last week, in order to talk
with me by phone regarding the status of our application for a CAMA
Major Development Permit for work we propose to do at Masonboro Boatyard.
As we discussed, it appears that some of the reviewing agencies may have a
misconception about what it is we are proposing; apparently several agencies
were under the impression that we intend to construct additional docks
designed to accomadvte "floating homes" in large numbers. This most definitely is
not the easel I could spend a page or two explaining why, for many reasons,
a floating home marina is not in our plans, but I'll give you the primary
reason in one short sentence: floating homes do not payl That is, a floating
home generates less than half the income which can be derived from servicing
a conventional boat docked in the same slip. Our marina is marginally profit-
able in our service of conventional boats. The surest way for us to go
bankrupt would be to start renting space to floating homes; we don't intend
to go bankrupt or rent space to floating homes. In fact, I can unequivocally

1; . o. - , 4

North Carolina Department of Natural
Resources &Community Development
March 2, 1983
Mr. C. "Ed" Lowe, Jr., President
Masonboro Boatyard and Marina, Inc.
609 Trails End Road
Wilmington, NC 28401
Dear Mr. Lowe:
This is to acknowledge receipt of your recent letter concerning
the intended use of marina expansion and also requesting that your
file -be placed in abeyance until further notice. Your understanding
of the processing hold procedure is correct.
With reference to your explanation on the intended use of the
proposed expansion, be advised that I have forwarded that explanation
to those agencies appearing to have any question or expressing any
concern on that issue. We note that you sent a copy to the State
Property Office.
I can now inform you that the Federal response under the CAMA/
Corps of Engineers general permit processing procedure has been
submitted to this office. That report concludes that only maintenance
work could receive Federal authorization. This concurance with main-
tenance activity was, of course, similar to thar suggested by some
State agencies.
Should there be any further question on the status of your file,
do not hesitate to contact me. In the interim we await your decision
for further processing.
Sincerely,
o n R. _ a er,
Permits Coordinator
JRP:jr./nb
cc: Bob Stroud
Steve Lund

OFFICE OF
North Carolina Department of Natural COASTAL MANAGEMENT
Kenneth D. Stewart
Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone [phone]
Field Services Section
7225 Wrightsville Avenue
Wilmington, N.C. 28403
[phone]
January 11, 1983
Miss Hilda Fredericks
615 Trails End Road
Wilmington, N.C. 28403
Dear Miss Fredericks:
We have received your letter with reference to the project proposed
by Ed Lowe and would like to thank you for your cements.
We will forward your letter to our Raleigh pemit section. Prior
to any decision being made, they will contact you to deternune if your posi-
tion is still the same.
If you have any questions or if we can be of any assistance, please
advise.
CRS/jc
cc: Preston Pate, OCM
John Parker, OCM
Sincerely,
C. Robert Stroud, Jr.
Field Consultant
P 0 Row 276R7 Raie.mh N C 27611.7687

d(
QEFICE :..,SAL
MGL
. WI L,ol ?v i0(V, N. C.
�r
+i

YI555 TRNILDA
614it5 LNC ci
l LMINGTDN NC 18403
Wilmington Regional Office
Department of Natural Resources
and Community Development
7225 Wrightsville Avenue
Wilmington, N. C. 28403

t
OFFICE OF
North Carolina Department of Natural COASTAL MANAGEMENT
0 Kenneth D. Stewart
Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone [phone]
Field Services Section
7225 Wrightsville Avenue
Wilmington, N.C. 28403
[phone]
January 11, 1983
Mr. Dennis O'Sullivan
P.O. Box 643
Wilmington, N.C. 28403
Dear Mr. O'Sullivan:
We have received your letter with reference to the project proposed
by Ed Lowe and could like to thank you for your camlents.
We will forward your letter to our Raleigh permit section. Prior
to any decision being made, they will contact you to determine if your posi-
tion is still the same.
If you have any questions or if we can be of any assistance, please
advise.
CRS/jc
cc: Preston Pate, OCm
John Parker, CXM
Sincerely,
C. Robert Stroud, Jr.
Field Consultant
P O Boa 27687 Holeluh. N C .:'611-7687

VX
January 6, 1983
Wilmington Regional Office
Department of Natural Resources
and Community Development
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Dear Sir:
� D
JAN 1(T �
OFFICE OF CUASjAL MGL
WILMINGrok M. ,
My primary objection to the expansion of Masonboro Boat Yard is the
potential for further pollution of an already polluted area and a further
increase in the congestion of a residential area. These concerns are
heightened by Mr. Lowe's obvious lack of neighborhood pride as indicated
by the deteriorating, discarded boat hulls in the mouth of Whiskey Creek,
a repair yard that does not have to be an eyesore but is indescribably
just that and a conglomeration of homemade houseboats scattered around
the dock and up the creek.
Recently an article in the Star News indicated a serious problem with
pollution in Whiskey Creek and outlined a plan by the county to correct it
with an expensive, innovative system. Expansion of Masonboro Boat Yard,
whether heads are locked or not, means further septic requirements before
the current problem is even breached. The Star also ran several articles
on the status of houseboats in our community. Do they support our tax
system? They are located - where else - at Masonboro Boat Yard!
The traffic increase on narrow Trails End Road which was a quiet residential
road prior to the boat yard is a disturbing factor. It is a dead end road
and was not designed for the amount of traffic expected when a commercial
facility and its customers, including heavy equipment trucks, use it.
Finally, Mr. Lowe's pleadings about not being able to finance his dredging
without adding rental dock space only indicates the type of business
practice that is being conducted. His lack of financial success in the
current facility gives him no right to further rape the landscape in the
name of expansion to meet community demands for marina space. This would
only magnify and compound the blight.
Your serious consideration and rejection of any expansion and/or renovation
by Masonboro Boat Yard is respectfully requested in fairness to the permanent,
taxpaying residents of the area.
Sincerely,
Dennis O'Sullivan

SAWCO83-N-065-0058
�►
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1.
Applicant's name Ed Lowe
2.
Location of project site South side of Whiskey Creek - New Hanover County, North Carolina
Photo 16 260 Grids T M•9- T K&IO
3.
Investigation type: Dredge & Fill X CAMA X
4.
Investigative procedure: (A) Dates of site visit 8/16/82 11/30/82
12/28/82
(B) Was applicant present Yes Yes
P
5.
Processing procedure: Application received 12/14/82 Office WiLmingtonF
N.(_
6.
Site description: (A) Local Land Use Plan Wilmington - New Hanover
Land classification from LUP - Conservation
Development constraints identified in LUP Conservation
przz1des for
effective long tear management of significant limited or irreplaceable areas.
Genera 11y
all marshes and adjacent lands within the 100-year floodplain and the County's
critical
aquifer recharge area have been classified as "Conservation". Exceptions to
the 1QO=Ye&r
£ p ain cri erion are iuntle� wa r- epen uses if
(B) AEC(s) involved: Ocean Hazard $ Cuirine s{aioMline
Coastal wetlands Public trust waters
X
Estuarine waters x Other
(C) Water dependent: Yes X No Other
(D) Intended use: Public Private Commercial
X
(E) Type of waste water treatment: Existing Septic Tank
Planned N/A
(F) Type of structures: Existing Boat Docks and Floa ;n�Hrxnaa
Planned Increase Dock Space
(G) Estimated annual rate of erosion N/A Source N/A
7.
Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled
Other
N/A
(B) Non -vegetated wetlands:
Is New Shallow Water Areas 2.6 acres
A QyStnr Rork a r s (9,600 q f
• Maintenance Areas including 4 acres
(C) Otheiccess Channel
Corps Spoil AIM Disposal Area >>_0 anrPs
(D) Total area disturbed:
8. Project summary The applicant proposes to maintain the existing marina bas n and to
increase the size of the marina by performing new excavation The resultinq snoi1 mater-
ials will be deposited across the AIWW in a Corps. disposal area

W
9. Project Narrative - The project is located at the mouth of Whiskey Creek along the
southern shoreline. There is an .sting access channel (approximately 1,265' long
x 60' wide x -3.0' mean low watere;nn] ) leading to an existing marina basin (approx-
imately 250' wide x 550' long x -3.0' mlw). Activities which occur at this facility
are boat construction,. boat repair, routine marine services for transient and perma-
nent vessels and floating hare construction and dockage. There is a shallow water
area including an oyster rock located between the eastern edge of the existing basin
and the AIM. The dimensions of this rock are approximately 160' long x 60' wide
(maximimt). This shallow water area is a designated primary nursery area as is the
entire creek. There is also a shallow water cave area located at the southwest cor-
ner of the existing basin. This area is adjacent to an existing repair shop. The
basic appearance of this cove is that of a previously disturbed area. No wetland
vegetation is located within the scope of the project.
The applicant proposes to maintain the existing basin and access channel by hydraulic
dredge. In addition to this work he proposes to excavate new areas to the east of.
the existing basin and another smaller area at the southwest corner. All areas will
be excavated to a depth of -8.0' mlw. The enlargement of the basin will involve an
area approximately.150' wide x 750' long. The smaller area will be approximately
80' wide x 150' long (maximum). Approximately 53,000 cu. yds. of material will be
pumped across the AIM to an 11.0 acre disposal area. A new "T-head" pier will be
constructed. The dimensions of the main structure are approximately 600' long x 10'
wide. The "T" will be approximately 10' x 901.
The applicant is proposing sheet piling along the AIM face of the structure to act
as a breakwater. He also proposes to construct a current/wave deflector using a
slatted board technique to the north of the channel. This structure will extend from
the mlw contour at an angle for approximately 125 linear feet. It will terminate
approximately 10' north of the channel prism.
10. Anticipated Iipacts - As proposed, the project represents the conversion of approx-
i1rately,2..6 acres of shallow water primary nursery area and 0.2 acres of oyster rock
to moderately deep water habitat (-8.0' mlw). This loss is a reduction from the work
originally proposed by the applicant. The proposal followed two onsite pre -application
conferences. The applicant has argued that further reduction in the project scope will
significantly affect the economics of the excavation activities. The loss of approx-
imately 2.8 acres of nursery area must be viewed as having a significant adverse impact
on marine resources. Documented samples taken in the project area have indicated a
significant difference between the existing basin and the shallow water areas.
The Land Use Plan update has reclassified this area from a transition classification
to conservation. The County will be requested to conment on the consistency of this
proposal with the Land Use Plan.
SUBMITTED BY C. Robert Stroud, Jr. DATE 1/11/83 OFFICE Wilmington-OQ4

APPLICATION & PUBLIC NOTICE PROCESSING RECORD
Date Application Received r / - K2 _
Applicant's Name and Address Issued
,p p
CAMA D&F
Denied
LAMA D&F
REFERRAL LIST FOR AGENCY COMMENTS
Assigned to
90 Day Deadline
�.,-�. g v 2 4 3
Date.
Date
Objections.
Name of Agency Date Referred Date Returned Yes No
Field Services Section, (OCM)
7- b� Al
,�-j'- J7--J
State Property Office, (DOA)
S%f(7/
Division of Archives & History
b - 010
Division of Community Assistance
.ZJ
Land Quality Sect.,Div. of Land Res.
Division of Health Services
Division of Highways, (DOT)
Environmental Operations Sect.,(DEM)
rd
O _ 2 Z3
Wildlife Resources Commission
Z2, b
Office of Water Resources
Form OCM-MP-E
Office of Coastal Management
Revised 9/79
;76
fi, '

North Carolina Department of Natural
'� Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
Mr. Kenneth D. Stewart, Director
Office of Coastal Management
Raleigh, North Carolina 27611
Dear Mr. Stewart:
The attached copy of an application submitted by:
Applicant's Name
Location of Project County
OFFICE OF
COASTAL MANAGEMENT
- Kenneth D.Stewart
Director
Telephone 919t733.2293
for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CANA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the,reverse side of this form your viewpoint on
the proposed work and return it to me not later than
JRP:bli:2480
Sritr,erely,
John R. arker, Jr.
Permit Coordinator
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the proposed work.
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ..that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ..that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
(E) Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
signed
to

Sfp
7
Plano7.b; John Parker 004SrAL RCSOIJR Cf$ OQAfAf.
From; Bob Stroud
Subject; Application for a State Permit - Ed Lowe
Based on the modified plans for the subject project we continue to find that
the following inconsistenoes exist;
1. Inconsistent with 7H .0208 (b) (1) inthat areas classified as primary nursery areas
are located within the proposed project site.
2. Inconsistent with 7H .0208(b)(5)(A) for the above reason.
3. Inconsistent with 7H .0208(b)(5)(B) in ,_
mat shallow water areas will be
disturbed.
With respect to dredge and fill we find that the project is inconsistent with
G. S. 113-229 (e) (5) .
Upon review of the Division of Marine Fisl-ries comments we recon¢[end that the
Project be issued as maintenance only, including no new work.
C-c: Pre. -h• 'PV-q4
-C,,4

�l mvt
{1'p
AUG 1919RI
COASTAL RESOURCES CON
August 17, 1983
MEMO TO: Bob Stroud
FROM: Rich Carpenter Q Li
SUBJECT: Proposed Project - Masonboro Boat Yard
I have reviewed Masonboro Boat Yard's application for a permit to main-
tain and expand their existing facilities. This area is designated as
a primary nursery area by the Division (Marine Fisheries) and is thus
protected by our regulations. The Division offers no objection to main-
tenance of the existing channel and docking areas but feels that the
new work should not be permitted as it would represent a permanent
loss of nursery area to the system. In addition the oyster rock adja-
cent to the project has been and will be utilized as a source for re-
laying polluted seed oysters and clams to clean areas and we feel any
disturbance to the rock should be avoided.
RC:kd

JUN 291983
COASTAL RESOURCES COMIA.
TO: John Parker
FROM: Bob Stroud
SUBJBCT: Application for a State Permit - Ed Lowe
Field Services Section
7225 Wrightsville Avenue
Wilmington, N.C. 28403
[phone]
June 28, 1983
The reduction in expanded excavation represents a significant change in
the proposed project.
My recamiendation is that Mr. Lowe petition the Commission for a variance
which I can now support.
The need for a variance is due to the location of the project in an area
classified as primary nursery area.
IJP

F ..
AUG 2 1963 1
GOAS AL RESOURCES CGiifd.
DIVISION OF ENVIRONMENTAL MANAGEMENT
August 1, 1983
MEMORANDUM
TO: John Parker
O•fice of Coastal Management
FROM: arrest R. Westall, Head
operations Branch
Water Quality Section
SUBJECT: Dredge and Fill Application
Ed Lowe (Modified Report)
Whiskey Creek
New Hanover County
Members of the Wilmington Regional Office have reviewed the subject
project. The disposal of dredged material appears to meet the conditions
of the General Certification for Diked Disposal Areas. In order to allow
boat operators to meet Coast Guard requirements, and in order to protect
the waters of Whiskey Creek, classified SA, it is recommended that the
applicant be required to provide a marine pumpout facility and a suitable
(i.e. approved) facilities for treatment and disposal of the resulting
waste. If you have any questions, please so advise.

,k North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
Y n + u
Jill 14 1� 3 J1ane 28,
COASTAL RESOURCES COSJ,@,U,.
Ms. Sandra Babb, Director
Division of Community Assistance
Raleigh, North Carolina 27611
Dear Ms. Babb:
The attached copy of an application submitted by:
Fd Lowe (Modified Report)
Applicant's Name
South side of Whiskey Creek, New Hanover
Location of Project County
OFFICE OF
COASTAL MANAGEMENT
1983
Kenneth D. Stewart
Director
Telephone [phone]
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA.major
development permit:..
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your .viewpoint on
the proposed work and return it to me not later than.
July 13, 1983
JRP:bli:2480
S'n erely,
John R. rker, Jr.
Permit Coordinator
P. O. Box 27687 Raleigh, N. C. 27611.7687
An Equal Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the proposed work.
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
d
(e) (1) ...that there will be significant'
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
l� (D) Agency findings relating to item s)* and'�ALrJ
eeti{er C are hereby detailed.
40AA-
&�mtsents are submitted that do not directly relate
to item B and/or C but are relevant to the public j
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
C476o�
signed
7
date

',
North Carolina Department of Natural
Resources &Community Development
James 8. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
July 18, 1983
Mr. John Sutherland, Chief
Office of Water Resources
Raleigh, North Carolina 27611
Dear Mr. Sutherland:
The attached copy of an application submitted by:
Ed Lowe
Applicant's Name
Whiskey Creek New Hanover
Location of Project County
161�
OFFICE OF
COASTAL MANAGEMENT
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
Kenneth D.Stewart
Director
Telephone [phone]
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
August 1, 1983
JRP:bli:2480
cerely,,
John RNParker, Jr.
Permit Coordinator
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the proposed work. .
•
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
_ (D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
(E) Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
sig d
date

EM
CAMA Permit Application Review
Application Reviewed: i
Applicant - EC/ Low,-
--Project Location - W17iS/�e✓y
County - n /(f w �lQlV&—�
Review Comments Concern: /7
✓ (A) Dredge and/or Fill
-� (1) effect on wildlife or freshwater, estuarine or marine
fisheries, and ecosystem;
�j (2) effect on public health, safety, and welfare;
(3) effect of proposed dredging and filling on the use of
the water by the public;
(4) effect on conservation of public and private water
supplies;
(5) effect on the value and enjoyment of the property of
any riparian owners.
(B) CAMA Major Development
Remarks concerning the application:
'4pp/iccun/ 10roIposPs- TO cxir/:'-r c� ,basin can 0/alnpsjr
-14 �iJ �i�o5/%�y Ste/ ciCi� el- �pD: Sy /% o� .S 011116 —
b s//w4 //o,._ Lac �� I'le ct/c-p iT yo
S//'fOil/�/
M,r- '-oC-'/e-'/
/ oGk G�PGt / wow/i� sue• ✓r �c o �✓vi�i sir
5a✓G. Oy 5�/. /�SOlirC� �jy frGy-J �t�/n� � 6�/707'��F'/_'
A`Ca u.L.eV-.� fiSry �t�.i/!/ /q rO�.✓ r,,.: f� �70 �e ,.-,O /•'C�r �i �r�r
o.— /iC���.f o� /ice..-�o,.�/ ✓ L / -It CCc055 CJy ✓,:� eyS7�I�
G
W°4-`Q�

Alftft North Carolina Department of Natural
Resources &Community Development
James B. Hunt, -Jr., Governor Joseph W. Grimsley, Secretary
July 18, 1983
Mr. W. Vernon Bevill, Director
Wildlife Resources Commission
Raleigh, North Carolina 27603
Dear Mr. Bevill:
OFFICE OF
COASTAL MANAGEMENT
Kenneth D. Stewart
Director
I + . Telepho 19/733-2293
b
COASTAL REJpuRCES CpMAI
RECEIVED
JUL e U jy83
INTERAGENCY WILDLIFE
COORDINATION SECTION
The attached copy of an application submitted by:
Ed Lowe
Applicant's Name
Whiskey Creek New Hanover
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CARA major development permit (only) ...
.., is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
August 1, 1983
JRP:bli:2480
cerely,
k�.
Joarker, Jr.
Permit oordinator
14 N1n
WILCL!�
�'^ ► CTV7N
' _o'ON
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equal Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the proposed
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which'
lead to the conclusion that there will be one or more,
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
(E) Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
s

OFFICE OF
COASTAL MANAGEMENT
North Carolina Department of Natural Kenneth D. Stewart
Resources &Community Development Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone [phone]
ysN�+�}� EkG7 .
t JU` 181983
Mr. Stephen G. Conrad, Director
Division of Land Resources .
Raleigh, North Carolina 27611
Dear Mr. Conrad:
June 28, 1983
The attached copy of an application submitted by:
2
South side of Whiskey Creek, New Hanover
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
July 13, 1983
JRP:bli:2480
cerely,
John R. arker, Jr.
Permit Coordinator
P. 0. Box 27687 Raleigh, N. C. 27511-7687
An Equal Opportunity Affirmative Action Employer

This agency interposes no objection to the proposed work
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings'relating to item(s) A and/or B
and/or C are hereby detailed.
(E) Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).

OFFICE OF
A North Carolina Department of Natural COASTAL MANAGEMENT
Kenneth D. Stewart
R - ources &Community Development Director
l h,,
4+�� gffr? �8. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone [phone]
AUG 2 1963
July 18, 1983
COASTAL 6ESDlDMS COFAM-
Ms. Renee Gledhill -Earley
Environmental Review Coordinator
Division of Archives and History
Raleigh, North Carolina 27611
Dear Ms. Gledhill -Earley:
The attached copy of an application submitted by:
Ed Lowe
Applicant's Name
Whiskey Creek New Hanover
Location of Project County
X for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development
permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
August 1, 19,83
JRP:ap:951
Sincerel
Jo R. Parker, Jr.
Permit Coordinator
P. 0. Box 27687 Raleigh, N. C. 27611-7637
An Equal opportunity Affirmative Action tmployer

(A) This agency interposes no objection to the proposed work.
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of.the property of any
riparian owners;
(e) (3) ...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
pro,7ect as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
W Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
signed
date

,1 North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary D
OFFICE OF
COASTAL MANAGEMENT
AUG 4 1491 July 18, 1983
COASTAL RESOURCES COMN.
Mr. Charles E. Grady, Jr., Director
State Property Office
Department of Administration
Raleigh, North Carolina 27603
Dear Mr. Grady:
Kenneth D. Stewart
Director
Telephone [phone]
JUL 20�
&- PROPERTY DIVIS101ry
The attached copy of an application submitted by:
Ed Lowe
Applicant's Name
Whiskey Creek New Hanover
Location of Project County
X for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
August 1, 1983
JRP:bli:2480
erely,
John R. arker, Jr. vVV
Permit Coordinator
P. 0. Box 27687 Raleigh, N. C. 27611.7687
An Equal Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the propose ,
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1)
...that there will be significant
adverse effect of .th'e proposed
dredging and fil*ling'on the'use r
of the water by the 'public;
(e) (2)
Y'
...that there will be significant
adverse effect on'the value.';'and.;
enjoyment of the property of any
riparian owners;
(e) (3)
...that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
W Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
date

OFFICE OF
,/ North Carolina Department of Natural COASTAL MANAGEMENT
, Resources &Community Development Kenneth D. Stewart
'
Director
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone [phone]
July 18, 1983
Mr. James F. Stamey, Chief
Environmental Health Section
Division of Health Services
Raleigh, North Carolina 27603
Dear Mr. Stamey:
P�CEIV� •.\
n, yv l�•
z JUL 201983
m
Z4,16 PL ATA '
The attached copy of an application submitted by:
Ed Lowe
Applicant's Name
tiskey Creek New Hanover
cation of Project County
R for a State permit to perform excavation and/or fill
work in coastal North Carolina and for a CAMA major
development permit...
for a CAMA major development permit (only) ...
... is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
August 1, 1983
JRP:bli:2480
i cerely,
John R. ar�e Jr.
Permit Coordinator
P. O. Box 27687 Raleigh, N. C. 27611-7687
An Equul Opportunity Affirmative Action Employer

(A) This agency interposes no objection to the proposed work.
(B) Dredge and/or Fill. This agency objects to the project
as proposed. The objection is based upon findings which
lead to the conclusion that there will be one or more
adverse effects as covered in G. S. 113-229 (e) 1-5.
(e) (1) ...that there will be significant
adverse effect of the proposed
dredging and filling on the use
of the water by the public;
(e) (2) ...that there will be significant
adverse effect on the value and
enjoyment of the property of any
riparian owners;
(e) (3) ..that there will be significant
adverse effect on public health,
safety, and welfare;
(e) (4) ...that there will be significant
adverse effect on the conservation
of public and private water
supplies;
(e) (5) that there will be significant
adverse effect on wildlife or
fresh water, estuarine or marine
fisheries;
(C) CAMA Major Development. This agency objects to the
project as proposed. The objection is based upon
findings which lead to the conclusion that a violation
would occur as covered in G.S. 113A-120 and/or 15
NCAC 7I. The following reference indicates the
specific citation by which objections have been
made.
(D) Agency findings relating to item(s) A and/or B
and/or C are hereby detailed.
(E) Comments are submitted that do not directly relate
to item B and/or C but are relevant to the public
interest. (These comments will be forwarded by the
Department of Natural Resources and Community Development
to appropriate State or Federal agencies).
a---D--4 F-
signe
date

North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
September 13, 1983
Colonel Wayne A. Hanson
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28401
Dear Colonel Hanson:
DEPUTY SECRETARY
James A. Summers
Telephone [phone]
The Department of Natural Resources and Community Development
has issued a permit under /X / NC 113-229 (the dredge and fill law)
and/or / X/ NC 113A-118 (a CAMA permit for major development to:
Mr. E. G. Lowe (for Masonboro Boatyard Marina, Inc.)
690 Trails End Road
Wilmington, NC 28403
The Division of Environmental Management has found that a
PL 92-5001 Section 401 Certification /X / is not / / is required.
Please accept this permit as representing the coordinated state
viewpoint and/or consistency determination on this project.
7AS:ub
Enclosure
Very sincerely,
es A. Summers
P. 0. Box 27687 Raleigh, N. C. 27611-7687_
An Equal Opportunity Affirmative Action Employer

R
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. BOx 1890
WILMINGTON. NORTH CAROLINA 28402
IN REPLY REFER TO February 24, 1983
Regulatory Branch
SUBJECT: File No. SAWC083-N-065-0058
Mr. John Parker
North Carolina Department of
Natural Resources
and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611
Dear Mr. Parker:
�
FEB 6
281gg311AA
Coon RESOURCES COMM-
t
Reference the application of Mr. Ed Lowe for a Department of
the Army permit to maintain and enlarge marina facilities on
Whiskey Creek, southeast of Wilmington, New Hanover County, North
Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
Copies of their comments are enclosed. Based on our review of the
proposed work and the agencies comments, we find that Federal
authorization would not be available for the work as proposed.
Federal authorization would be available at this time if the
project was limited to only maintenance excavation of the existing
access channel and boat basin, and all proposed new excavation and
construction is deleted. Should the applicant be agreeable to such
a modificaton, we recommend that the following conditions be
included in any State authorization:
a. In order to protect juvenile shrimp populations, no
excavation or filling will be permitted between the dates of
q April 1 through September 30 of any year without the prior approval
pv^^ of the N.C. Office of Coastal Management.
S1�V, b. All excavated materials will be confined above the
mean high water elevation landward of adequate dikes or other
retaining structures to prevent spillover of solids into any marsh
or surrounding waters.

a

'1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402
IN REPLY REFER TO
SAWC083-N-065-0058
23 December 1982
Mr. C. E. Lowe, Jr. S C�Mi�•
Masonboro Boatyard and Marina, Inc. RLS13o0
609 Trails End Road �PS(�,1. �y✓
Wilmington, NC 28403
Dear Mr. Lowe:
After extensive coordination between North Carolina and Federal agencies, a
general permit No. SAWC080-N-000-000291 (inclosure 1) was issued on
27 January 1981, by Colonel Robert R. Hughes, District Engineer, Wilmington
District, U.S. Army Corps of Engineers, which provides Federal authorization
for "...those construction activities that require and receive authorization
from the State of North Carolina in the form of a Coastal Area Management Act
(CAMA) permit for major development and/or a permit to excavate and/or fill
and/or a Water Quality Certification."
A review of your application received 14 December 1982 for a Department of
the Army permit to perform maintenance excavation and enlarge existing marina
facilities on Whiskey Creek and the Atlantic Intracoastal Waterway, southeast
of Wilmington, New Hanover County, North Carolina, indicates that your
proposal is a candidate for Federal authorization under this general permit.
Accordingly, the processing of your application will be accomplished by the
N.C. Office of Coastal Management. In this process, the N.C. Division of
Environmental Management will review your proposal and a determination will
be made as to the need for a State Water Quality Certification. Comments
from Federal review agencies will be furnished to the State. If there are no
unresolved differences of State -Federal positions or policy, the final action
taken on your application by the State will satisfy the terms of our general
permit. The terms of the general permit will not be satisfied if any of the
following situations exist:
- 1. There is an unresolved objection from any Federal agency.
2. A State Water Quality Certification has not been issued (if
required). Section 401 of the Clean Water Act requires that prior to the
issuance of any Federal permit that may result in a discharge into waters or
wetlands, the State agency responsible for water pollution control (N.C.
Division of Environmental Management) must certify that the discharge will
not violate applicable Water Quality Standards.

SAWCO83-N-065-0058 23 December 1982
Mr. G. E. Lowe, Jr.
3. The proposed work would have a significant effect on the quality of
the human environment. The District Engineer will make this determination
prior to the conclusion of the State process.
4. There is a significant and substantive unresolved objection from
any individual, group, or agency.
General condition 2(h) of this general permit clearly states that the permit
does not convey any property rights, real or otherwise, for your proposed
activity. We, therefore, strongly recommend that you obtain written
permission from the property owner of the proposed spoil area. The Federal
Government's control over this area is limited to easement rights for the
operation, maintenance, improvement, and enlargement of the Atlantic
Intracoastal Waterway.
If your application is withdrawn from this general permit process, you will
be so notified and informed of its further management in writing. When your
application is successfully processed to conclusion under this general
permit, you will receive written notice from the District Engineer. Only
after receiving such confirmation should You begin work.
Your application has been assigned application No. SAWC083-N-065-0058 and
will be coordinated by Mr. Steven Lund, telephone [phone]. He is
available to address questions or comments you may have.
1 Incl
As stated
Copy Furnished:
Offi a oepf Coastal Management
N. Dartment of Natural Resources
d Community Development
0 Box 27687
Raleigh, NC 27611
Water Quality Section
Division of Environmental
Management
N.C. Department of Natural
and Community Development
PO Box 27687
Raleigh, NC 27611
Sincerely,
CHARLES W. HOLLIS
Chief, Regulatory Functions Branch
U.S. Fish and Wildlife Service
310 New Bern Avenue
Raleigh, NC 27601
National Marine Fisheries Service
NOAA
PO Box 570
Beaufort, NC 28516
Resources U.S. Environmental Protection Agency
Ecological Review Branch
345 Courtland Street, NE
Atlanta, GA 30365
Office of Coastal Management
N.C. Department of Natural Resources
and Community Development
PO Box 769
Morehead City, NC 28557

JNryiQ S Lyl
2�
zy`�tir `tip
5f PHO�f
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FED 4 1983
4PM-EA/BRN
REGION IV
345 COURTLAND STREET
ATLANTA. GEORGIA 30365
Colonel Robert K. Hughes
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Box 1895
Wilmington, North Carolina 28402
SUBJECT: Mr. Ed Lowe
(SAWCO 83-N-065-0058)
Dear Colonel Hughes:
0-e
This is in response to the above -referenced public notice
regarding dredging for the purpose of expanding an existing
marina located on the south side of Whiskey Creek in New_
Hanover County, North Carolina. The proposed project would
involve the conversion of 2.6 acres of shallow water primary
nursery and 0.2 acres of oyster rock to a depth of 8.0 feet
below mean low water, as well as maintenance dredging of an
existing 1,265' long access channel and marina basin which
is approximately 250' wide X 550' long. Some 53,000 cubic .
yards of spoil would be placed in a Corps disposal area. In
addition, a "T" head pier will be constructed so as to extend
600' in the direction of the Atlantic Intercoastal Waterway
with a 125' long current/wave deflector installed near the
end of the pier at the mouth of Whiskey Creek.
The proposed work will remove approximately 3 acres of shallow
water habitat classified as a primary nursery area by the
State of North Carolina. Water quality in Whiskey Creek may
be significantly impacted by the addition of more slips for
pleasure craft and floating homes despite measures to forestall
the entry of pollutants into the water from vessels and house-
boats utilizing the proposed facilities. Installation of a
wave deflector will constrict the mouth of Whiskey Creek, thus
reducing the area of navigability.

-z-
For these reasons, we believe issuance of a permit'would be
contrary to Section 404 Guidelines. Therefore, we recommend the
permit be denied.
Sincerely yours,
---4
Howard D. Z ler
Assistant R ional Administrator
for Pol- y and Management
cc: See Attached

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Division of Ecological Services
310 New Bern Avenue Room 466
Raleigh, North Carolina 27601-1470
February 14, 1983
Colonel Robert K. Hughes
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402
Dear Colonel Hughes:
FEB 15 18ga
The U.S. Fish and Wildlife Service has reviewed public notice SAWC083-N-
056-0058. The applicant, Mr. Ed Lowe, proposes to perform maintenance
and new dredging in Whiskey Creek, New Hanover County, North Carolina.
This is the report of the Service and the Department of the Interior and
is submitted in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et sec.).
A Service biologist visited the project site on February 9, 1983.
Construction plans call for maintenance dredging of approximately 4.9
acres of the marina basin and entrance channel from -3.0 feet MLW to
-8.0 feet MLW, new dredging of about 2.6 acres from approximately -.5
feet MLW to -8.0 feet MLW, excavation of about 9,600 square feet of
oyster rock, construction of 690 linear feet of 10 foot -wide pier, and
placement of an approximately 125 foot -long wave deflector north of
Whiskey.Creek channel.
Shallow water and rich organic bottom habitat, as found at the project
site in the area of proposed new dredging, supports a highly productive
benthic community which in turn supports species of finfish and shell-
fish of commercial and recreational importance. The importance of
Whiskey Creek in this regard is reflected in its designation as a pri-
mary nursery under the North Carolina Administrative Code, 15 NCAC 3B
.1400.
Because of the value of the shallow water habitat at the project site'
and elevated turbidity which would occur in conjunction with dredging,
the Service recommends issuance of a permit only if the following terms
are included as conditions of the permit:
1. New dredging in shallow water habitat shall be deleted from
project plans.

2. Maintenance dredging in the marina basin and entrance channel
shall be performed only between April 1 and September 30 of
any year.
Please advise this office of any action taken on this matter.
Sincerely yours,
L.K. (Mike) Gantt
Field Supervisor

aO'�raM a•ry.+.
0 UNITED STATES DEPARTMENT OF COMMERCE
s National Oceanic and Atmospheric Administration
e�NATIONAL MARINE FISHERIES SERVICE
^'••° Southeast Region
9450 Koger Boulevard FES 0 9 1983
St. Petersburg, FL 33702
February 8, 1983 F/SER111/LHH�
919/728-5090
Colonel Robert K. Hughes
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
Dear Colonel Hughes:
The National Marine Fisheries Service has reviewed Public
Notice 83-N-065-0058(GP) dated December 23, 1982, whereby Mason-
boro Boatyard and Marina, Inc. proposes to maintain an existing
basin and increase the size of the basin along Whiskey Creek, New
Hanover County, North Carolina.
We do not object to the maintenance of the existing basin, how-
ever, based on our analysis of the enclosed report, we have deter-
mined that the proposed basin enlargement would be detrimental to
fishery resources due to the loss of approximately 2.8 acres of
shallow water that is a valuable nursery habitat for a variety of
sport and commercially important finfish and shellfish. The rich
organic bottom,in conjunction with the shallow water, produce a
highly productive benthic community of polychaete worms, mollusks,
and crustaceans that are vital intermediates in the aquatic food
chain. Additionally, this area has been designated as primary
nursery habitat by the N.C. Division of Marine Fisheries. In view
of the above, we recommend that this permit not be issued unless the
new excavation (basin enlargement) is deleted from the project.
We appreciate the opportunity to provide these comments.
Enclosure
Sincerely yy///oourgs,
,�ptChi hard n Honmenta
D _ v Chief, Environmental Assessment
Branch
4�
i
} 41
lofgNTM.I "

470"F United States Department of the Interior
T^ FISH AND WILDLIFE SERVICE
" Division of Ecological Services
�`--' 310 New Bern Avenue Room 466
Raleigh, North Carolina 27601-1470
February 14, 1983
Colonel Robert K. fE
- Hughes g is w-
District 9
U.S. Army ECorps eCU►�Nof Engineer RE�URCES
P.O. Box 1890 A1.
Wilmington, North Carolina 28402
Dear Colonel Hughes:
The U.S. Fish and Wildlife Service has reviewed public notice SAWCO83-N-
056-0058. The applicant, Mr. Ed Lowe,rproposes to perform maintenance
and new dredging in Whiskey Creek, New Hanover County, North Carolina.
This is the report of the Service and the Department of the Interior and
is submitted in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
A Service biologist visited the project site on February 9, 1983.
Construction plans call for maintenance dredging of approximately 4.9
acres of the marina basin and entrance channel from -3.0 feet MLW to
-8.0 feet MLW, new dredging of about 2.6 acres from approximately -.5
feet MLW to -8.0 feet MLW, excavation of about 9,600 square feet of
oyster rock, construction of 690 linear feet of 10 foot -wide pier, and
placement of an approximately 125 foot -long wave deflector north of
Whiskey Creek channel.
Shallow water and rich organic bottom habitat, as found at the project
site in the area of proposed new dredging, supports a highly productive
benthic community which in turn supports species of finfish and shell-
fish of commercial and recreational importance. The importance of
Whiskey Creek in this regard is reflected in its designation as a pri-
mary nursery under the North Carolina Administrative Code, 15 NCAC 3B
.1400.
Because of the value of the shallow water habitat at the project site
and elevated turbidity which would occur in conjunction with dredging,
the Service recommends issuance of a permit only if the following terms
are included as conditions of the permit:
New dredging in shallow water habitat shall be deleted from
project plans.

2. Maintenance dredging in the marina basin and entrance channel
shall be performed only between April 1 and September 30 of
any year.
Please advise this office of any action taken on this matter.
Sincerely yours,
U, 1.1,
L.K. (Mike) Gantt
Field Supervisor
Collier/cc
cc:
NMFS
EPA
ON - John Parker
Preston P. Pate, Jr.

P
FEB ! COAN
ALur��
Colonel Robert K. Hughes
District Engineer, Wilmington
Department of the Army, Corps
P.O. Box 1890
Wilmington, NC 28402
Dear Colonel Hughes:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Region
9450 Koger Boulevard
St. Petersburg, FL 33702
February 8, 1983
District
of Engineers
F/SER111/LHH
919/728-5090
The National Marine Fisheries Service has reviewed Public
Notice 83-N-065-0058(GP) dated December 23, 1982,.wherebyUnnawft
boro Boatyard and Marina, Inc. proposes to maintain an existing
basin and increase the size of the basin along Whiskey Creek, New
Hanover County, North Carolina.
We do not object to the maintenance of the existing basin, how-
ever, based on our analysis of the enclosed report, we have deter-
mined that the proposed basin enlargement would be detrimental to
fishery resources due to the loss of approximately 2.8 acres of
shallow water that is a valuable nursery habitat for a variety of
sport and commercially important finfish and shellfish. The rich
organic bottom,in conjunction with the shallow water, produce a
highly productive benthic community, of polychaete worms, mollusks,
and crustaceans that are vital intermediates in the aquatic food
chain. Additionally, this area has been designated as primary
nursery habitat by the N.C. Division of Marine Fisheries. In view
of the above, we recommend that this permit not be issued unless the
new excavation (basin enlargement) is deleted from the project.
We appreciate the opportunity to provide these comments.
Sincerely yours,
/s/ Randall P. Cheek
for Richard J. Hoogland
Chief, Environmental Assessment
Branch
Enclosure
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
/NCDNRCD, Raleigh, NC
NCDNRCD, Morehead City, NC
F/HP - J. Chambers
F/SER11

PLANNING DEPARTMENT
DEXTER L. HAYES NEW HANOVER COUNTY
PLANNING DIRECTOR -
320 CHESTNUT STREET
,..WILNIINGTOPj j RTH CAROLINA 28401
February 22, 1983 N►"[-: " '��
Mr. C. Robert Stroud, Jr. �,1 ugcEs �►�M. �`� - t1111
Field Consultant COWA �_� 24 IsB�
Office of Coastal Management
N. C. Dept. of Natural Re5purces' OFFICE OF COASTAL MGT.
and Community Development
7225 Wrightsville Avenue WILMINGTON, N. C.
Wilmington, NC 28403
RE: -,Ma4on and - CAMA Permit
Dear Bob:
The proposed marina expansion for Masonboro Boat Yard is located in an area
of the County that is classified as Conservation according to the Wilmington -
New Hanover Land Use Plan. The purpose of the Conservation classification is
to provide for effective long-term management of significant limited or irre-
placeable areas. Generally, all marshes and adjacent lands within the 100-year
floodplain have been classified as "Conservation". The intent of this classi-
fication is to preserve these areas in their natural state because they are too
fragile to withstand development without losing their natural value or endangering
their natural resources.
One of the exceptions to this standard includes water -dependent uses. Such
water uses include docks, moorings, pilings, and other marina type structures
as well as some dredging. The scope of the proposed marina expansion seems to
qualify under this exception.
While adverse impacts to the nursery area should be minimized, it is the
County's intent to encourage water -related activities along the waterfront.
Increased private development of the waterfront and the continued conversion of
existing marina facilities to "boatominium" projects has greatly reduced the
public's ability to gain access to the water. County policies encourage the
provision of recreation facilities where access to the sounds, ocean, and river
are increased.
We find the proposed marina expansion consistent with the County's Land Use
Plan. While we are aware that several "floating homes" are located at Masonboro
Boat Yard, this letter should not be interpreted as an endorsement of their use.
Sincerely,
Dexter Hayes
Planning Director
cc Mr. Felix Cooper, County Manager
Mr. Ken Silliman, Staff Attorney
DH/glt

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
P. O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402
February 18, 1983
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC083-N-065-0058
U.S. Department of the Interior
Heritage Conservation and Recreation
Service
Interagency Archaeological Services,
Atlanta
75 Spring Street, Southwest
Atlanta, Georgia 30303
Gentlemen:
Reference our letter of February 9, 1983, regarding the
application of A for a Department of the Army permit
to accomplish work at marina facilities on Whiskey Creek and the
Atlantic Intracoastal Waterway in New Hanover County, North _
Carolina.
Mr. Richard Kimmel, Wilmington District Archeologist, has
inspected the permit area and determined that cultural resources
are not present. We do not have plans for further assessment or
reconnaissance.
Questions or comments may be addressed to Mr. Steven Lund,
Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copies Furnished:
N.C. State Historic Preservation
Officer
Division of Archives and History
109 East Jones Street
Raleigh, North Carolina 27611

r
-2-
Copies Furnished:
Office of Archaeology and Historic
Preservation
Heritage Conservation and
Recreation Service
U.S. Department of the Interior
Washington, D. C. 20243
Mr. John Parker
Office of Coastal Management
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. Bob Stroud
Office of Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
J

w,
r
x
MASONBORO BOAT YARD AND MARINA, INC.
609 TRAILS END ROAD, WILMINGTON, N..C. 28401
December 14, 1982
Permit Section
U.S. Army 3ngineer District, Wilmington
P.O. Box 1890
Wilmington, N.C. 28402
Dear Sir:
Phone [phone] at
Enclosed please find our application for a CADfA Permit for Major Development,
regarding proposed dredging and construction at ?/asonboro Boatyard and Marina
on Whiskey Creek in New Hanover County. You will also find enclosed a summary
of the project and several detailed drawings.
It has been roughly ten years since tha original dredging in Whiskey Creek.
During the intervening years, the creek has silted to the point where vessels
of four foot draft or greater can not enter the creek during a period from
two hours before to two hours after low tide. Needless to say, this has drast—
ically restricted the time when vessels may enter or leave our marina, or the
creek. This is true for our transient customers, and our reular slip renters
as well. In fact our advertisements in various cruising publications advise
transients to call us for advice prior to attempting to navigate the creek.
In addition, many of our regular customers find themselves aground in their
slips At low tide, due to siltation. These circumstances make the need for
maintenance dredging self—evident.
What is not quite so readily apparent is the need for

J
Page Two
outlined in our application. There are two re^sons why the new dredging is
needed: one is a private, internal need for Masonbdro Boatyard and Marina,
which indirectly relates to a second, more public need.
The maintenance dredging which is absolutely essential to our survival ns a
small business will alone cost us approximately $ 85,000.00 . This is a pure
cost which can not be passed on to our customers by simply raising prices.
— Financing of this maintenance 'work is available, but the burden is so great
(payments of $ 1,900.00 per month for ten years) as to be unbearable. Con—
sequently, an additional source of income is required. One way for 'us to raise
additional'capital for dredging is by creating new slip space. The combined
costs of maintenance dredging, new dredging, and slip construction could then
all be amortized through slip rental revenue. Not only would this meet our
near —term need for capital, but it would also provide ua-with a greater customer
base, from which the increased revenues would help defray future drndgirg expenses..
In short, our current customer base does not provide sufficient income n-3cesssry
to maintain our basin and channel; and an increase in that base would provide
the necessary income.
It just so happens that our internal need to create additional slips comes at a
time when the number of slips available for rent in New Hanover County is
decreasing. Since 1979, over 315 slips have been converted from those rented
monthly to the general public, to those slips bought and sold privately. (Also .
known as aBoatominiums.11) Generally speaking, slips in boatominium marines
are much more expensive.than slips rented monthly, as at Masonboro Bortyard and
Marina; end in at 1^ast onn instance, thn developers of a boatomihium marina
discontinued the servicing of boats and marine engines entirely. Thus, two
needs have arisen within the boating community in southeastern 1:orth Carolina:

Pnge Three
(1) A need for an increpsed number of slips available for rent on a monthly
basis at.a rensonably cost, and (2)-A need for adequnte service facilities
for commercial and pleasure vessels of moderate draft (up to 8 feet). --
We feel that our proposed project fulfills both of there public and private
needs with minimal adverse impact on the estuary at Whiskey Creek. After
preliminary discussion with the CAM1A Field Officer, we reduced the size of
the project from 180 slips to approximately 80 slips. This was originally
done in order to minimize disturbrnce of nursery areas; happily a side,, effect
of this reduction is that financing will be much easier to arrange.
At any rate, please give careful consideration to our permit application.
If, for some reason, you have objections to certeine portions of our proposal,
or to the entire project, we would welcome any suggestions you might have for
changing the. project in order to meet your objectives, while also meeting our
needs, as outlined above. We are hopeful, however, that you will approve
this project, and that approval will come in. time to. dredge prior to the close
of this winter's dredging season. If you have.eny questions, plea.Ge feel free
to telephone us. In addition,, we request that you provide us with timely
written notice of any meeting or hearing during which this protect may be
discussed. '
Sincerely,
G. E. Lowe, Jr., President
MASONBORO BOATYARD AND MARINA, INC.
GEL:el

PLANNING DEPARTMENT
DEXTER L. HAYES NEW HANOVER COUNTY
PLANNING DIRECTOR
320 CHESTNUT STREET
WILMINGTON, NORTH CAROLINA 28401
February 15, 1983
Mr. Steve Lee, Manager
Masonboro Boatyard and Marina, Inc.
609 Trails End Road
Wilmington, NC 28403
RE: Text Amendment #A-90 1/83
Dear Mr. Lee:
The New Hanover County Commissioners at their meeting on Monday,
February 14, 1983, recommended approval of your request to amend Article
V, Section 50-2, Table of Permitted Uses, to make Commercial Marinas
a Permitted Use in an I-1 Industrial District. Also, the Commissioners
approved Commercial Marinas in an I-2 Heavy Industrial District.
If you have any questions, please contact me.
Sincerely,
�_ 'ci/IZ4,t�wL
Jack Munn
Staff Planner
JM/gIt
cc Lucie F. Smith, Clerk to the Board
S. D. Conklin, Inspections Director

cc: Ms. Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raleigh, North Carolina
Mr. Robert F. Helms, Director
North Carolina Division of Environmental Management
Mr. Preston Pate, Chief, field Services
North Carolina Office of Coastal Management
Mr. Stuart Critcher
North Carolina Wildlife Resources Commission
Mr. John Parker, Permits Coordinator
North Carolina Office of Coastal Management
Mr. Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, North Carolina
Mr. J. T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, Florida

SAAC083-N-065-0058
OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name Ed Lowe
2. Location of project site South side of Whiskey creek - New Hanover County, North Carolina
Photo 16-260 - Grids T-Me9• T-ke10
3. Investigation type: Dredge & FillX CAMA X
4. Investigative procedure: (A) Dates of site visit 8/16/82 11/30/82 12/28/82
(B) Was applicant present Yes Yes hk,
5. Processing procedure: Application received 12/14/82 Office Wilmin on,N.C'_
6. Site description: (A) Local Land Use Plan Wilmington - New Hanover
Land classification from LUP -Conservation
Development constraints identified in LUP Cony rsva Toff p32DV s for
effective long-term management of sionificant limited or irreplaceable areas. Generallv.
area
(B) AEC(s) involved: Ocean Hazard
Coastal wetlands
Estuarine waters X
(C) Water dependent: Yes X No—
(D) Intended use: Public Private
(E) Type of waste water treatment: Existing_
iservation". Exceptions to the 100-yeas
it usestseuarinefs90 4line
Public trust waters X
Other
Other
Commercial X
Septic Tank
Planned N/A
(F) Type of structures: Existing Boat Docks and Floating Homes
Planned Increase Dock Space
(G) Estimated annual rate of erosion N/A Source N/A
7. Habitat description: AREA
(A) Vegetated wetlands: Dredged Filled Other
N/A
(B) Non -vegetated wetlands:
• New Shallow Water Areas 2.6 acres
• Oyc pr Rock .2 acims (9.600 a_f,.�
• Maintenance Areas including 4.9 acres
(C) Othe Access Charnel
Corps Spoil AIWW Disposal Area 11.0 acres
(D) Total area disturbed: 7.7 acres
8. Project summary The applicant proposes to maintain the existing marina basin and to
increase the size of the marina by perfonni.ng new excavation The resulting spoil mater-
ials will be deposited across the AIM in a ,Corps disposal area

9. Project Narrative - The project is located at the mouth of Whiskey Creek along the
southern shoreline. There is an. fisting access channel (approximately 1,265' long
x 60' wide x -3.0' mean low waterLmlw] ) leading to an existing marina basin (approx-
imately 250' wide x 550' long x -3.0' mlw). Activities which occur at this facility
are boat construction, boat repair, routine marine services for transient and perma-
nent vessels and floating hone construction and dockage. There is a shallow water
area including an oyster rock located between the eastern edge of the existing basin
and the AIWW. The dimensions of this rock are approximately 160' long x 60' wide
(maximum). This shallow water area is a designated primary nursery area as is the
entire creek. There is also a shallow water cove area located at the southwest cor-
ner of the existing basin. This area is adjacent to an existing repair shop. The
basic appearance of this cove is that of a previously disturbedarea. No wetland
vegetation is located within the scope of the project.
The applicant proposes to maintain the existing basin and access channel by hydraulic
dredge. In addition to this work he proposes to excavate new areas to the east of
the existing basin and another smaller area at the southwest corner. All areas will
be excavated to a depth of -8.0' mlw. The enlargement of the basin will involve an
area approximately.150' wide x 750' long. The smaller area will be approximately
80' wide x 150' long (maximum). Approximately 53,000 cu. yds. of material will be
pumped across the AIM to an 11.0 acre disposal area. A new "T-head" pier will be
constructed. The dimensions of the main structure are approximately 600' long x 10'
wide. The "T" will be approximately 10' x 90'.
The applicant is proposing sheet piling along the AIM face of the structure to act
as a breakwater. He also proposes to construct a current/wave deflector using a
slatted board technique to the north of the channel. This structure will extend from
the mlw contour at an angle for approximately 125 linear feet. It will terminate
approximately 10' north of the channel prism.
10. Anticipated Impacts - As proposed, the project represents the conversion of approx-
imately 2.6 acres of shallow water primary nursery area and 0.2 acres of oyster rock
to moderately deep water habitat (-8.0' mlw). This loss is a reduction from the work
originally proposed by the applicant. The proposal followed two onsite pre -application
conferences. The applicant has argued that further reduction in the project scope will
significantly affect the economics of the excavation activities. The loss of approx-
imately 2.8 acres of nursery area must be viewed as having a significant adverse impact
on marine resources. Documented samples taken in the project area have indicated a
significant difference between the existing basin and the shallow water areas.
The Land Use Plan update has reclassified this area from a transition classification
to conservation. The County will be requested to comment on the consistency of this
proposal with the Land Use Plan.
SUBMITTED By C. Robert Stroud, Jr. DATE 1/11/83 OFFICE Wilmington-OCM

1 .
Permit Clasb
STATE OF NORTH CAROLINA
Department of Natural Resources and -Community Development
and
Coastal Resources Commissiom.
for _.
❑X Major -Development in an Area of Environmental
Concern pursuant to NCGS 113A-118.
® Excavation and/or- filling pursuant to NCGS 113-229
Issued
and Marina. Inc
1.0 in'vu3 New Hanover County at
8. dated
Permit Number
131-83
Page 1 of 2
690 Trails End Road,
Creek
as requested in the permittee's application dated 6/13/83 including
1 6/15/83 -.9 - W4b . C,",t, A. W li7: Aa4aauz
This pemtit, issued on o S R"=ber 1' 1_9W 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 subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
1. This permit authorizes only maintenance of existing channel or basin areas.
Any work delineated on the plat set as "New Dredging" is hereby deleted.
X Structures associated with new dredging are not deleted but permittee is cautioned
that developing or planning to develop new structures, the use of which is
totally dependent upon new dredging, is done at his own risk.
12-• In order to protect juvenile shrimp populations, no excavation or filling will
V be permitted between the dates of April 1 through September 30 of any year
without the prior approval of the N. C. Office of Coastal Management.
2 3. Use of the AIWW Federal easement area for disposal of dredged material is at
the discretion of the Corps of Engineers and any future maintenance activity
utilizing this area must be approved by same.
4. The completed diked disposal area will be inspected and approved by a repre-
sentative of the Office of Coastal Management and/or the Corps of Engineers
prior to any dredging.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
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 Departmental
approval.
All work must cease when the permit expires on
In m9 mg 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 DNRCD and
the Chairman of the Coastal Resources Commission.
Kenneth D. Stewart, Director
Office of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

E.. G.''Lowe-(Masouboro Boatyard Marina, Inc.) Permit #131-83
Page 2 of 2
ADDITIONAL CONDITIONS
�5� All excavated materials will be confined landward. of.the mean high water elevation
within adequate dikes or other retaining structures to prevent spillover of solids
into any marsh or surrounding waters.
s
6., The terminal end of the pipeline from the dredge into the diked retention area,
will be positioned at or greater than 50 feet from any part of the dike and at
a maximum distance from spillways to prevent dike erosion and to allow adequate .
settlement of suspended solids.
L
�7.. A water control structure will be installed at the intake end of the effluent
pipe leading from the retention area in order to insure maximum settlement of
suspended solids.
�8. Flow from the diked retention area will be confined by pipe, trough, or'similar
device to a point at or below the mean low water to prevent gully erosion and
resultant unnecessary siltation.
$. No marshland will be excavated and/or filled.
g.. P�,.� � C4'..� w( 'Cv+-+.� r-o.✓ ��`��("T-�r`�v✓u (��-w\'� t�
,s tvcAe �1'n,0b02)
�A�.�.. �.-- c�,.____.�^-tee- � �`_'- ��s-9�.i.-.--ate• 0
Cs 9• �4z� 1 e.� A �

' • -APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of Engineers, Wilmington District
(GS 113-229, 143-215.3(a)(1), 143.215.3(c), 113A-116 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
flease nofe; IT45 iS a moclr iCa+ion an aPPIJCaIio�
Subrni #ed %►� uecemberI /Ie-2- For l asonbero
Boafyd
I. Applicant Information / &rNa Inc..
A. Name Ff/ Q
�We 11 E• f7lunna '
First 'Middle
B. Address
City or Town 0 State
O. Box or Route
R/9
Code Phone
Location of Proposed Project:
A. County mew 44 noyer B. 1. City, town, community or landmark Wi1m%na lv1'I -
2. Is proposed work within city limits? Yes —NO
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
On WhiSkeu (ree k A-fla 7 E& Imilaaas-kra I lAfe
IM
111. Description of Project
A. 1. Maintenance of existing project. 2. New work r
B. Purpose of excavation or Fill / t _ 8 Q �•�
1. Access channel length_ 40 width 60 depth
2. Boat basin * SEE &Z7&2 —length—width I depth
3. Fill area length —width —depth
4. Other j=L��oq r_io'r-4 length 1-601 width to depth N+`
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)7,30O m6w
1. Cubic yards 3G¢rja0 2. Type of material sr14Y sand and 5tie{1
E. Fill material to be placed below MHW (see also VI. A) _
1. Cubic yards No ne. 2. Type of material
w.
IV. Land Type, Disposal Area, and Construction Equipment: ✓ !
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes MD
B. Does the disposal area include any marshland, swamps or other wetland? YesC. Disposal Area
1. Location Lxis4 n or f ISlanA e✓1 A{wW
2. Do you claim title to disposal a? No
D. Fill material source it fill is to be trucked in A
lire
E. How will excavated material be entrapped and erosion cQt�nt�rolled? r �e C r INGTONr
L> a s i vi a yll I{ -� u r��l r • • a
F. Type of equipment m be used
G. Will marshland be crossed in transporting equipment to project site? If yes, explain ND '
fJvfE # Mdl� F3SSIto Rw4mabf = 200' X SSOf MC "I MIV&kXz D2EC&k)&=2++Oaocy
6511U A)E�d = go' x ZZoI FJGVI C>M&u6= S,OWcY
W ESY r rJc—W DeGVP � 4 = 2,3e06Y
D8F-BI aAe,-r B&S/11.1 OGW = 4o X za0+
Dev.ton8 aasT.EIk�T(i1aNe� et4ANa)CI_ _ �a'X -7+40 i�fplN'ie�®tt,ac.E Di o4+ev4= )3,zoocy

V. Intended Us- of Proiect Area (Describe)
A. 1. Private__
2. Commercial_
3. Housing Development or Industrial
4, Other
B. 1. Lot sizes)
2 Elevation of lot(s) above mean high water
3. Soil type and texture NZA
4. Type of building facilities or structures W 1A _
5. Sewage disposal and/or wastewater treatment A. Existing X Planned
B. Describe
6. Land Classification (circle one) DEVELOPED
CONSERVATION OT
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yec_No f
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes —No Y�
2. Type of discharge
3. Location of discharge
VI 1. Present rate of shoreline erosion (if known): M n i rA4 i
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: sAIA/I<S 7 V -L 57 -2 3 - 0(0 5 N C 4t- 167
IX. Length of time required to complete project: `t fY10V)f 15
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which appilC�V+'�' `i1111
claims title to the affected property. OR if applicant is not claiming to be the owner of said Oro fV�
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land. 4FFieE OF COASTAL
8R�
. Attach an accurate work plat drawn to scale on 8h X 11"white paper (see instruction boo or W(LM)NGiUN.
details). Note: Original drawings preferred • only high quality copies accepted. ..
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served «• If� 19 g 2 ,curt
v
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
T)., ,.. -c A I <" . i I . t _._ 0 fin P,, / t1--k IAII
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII, Any permit issued pursuant to this application will allow only the development described in this appli
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling an land
DATE 3 (63 `
Applicant's Signature
PA
oa`-A=' SFF RFVERSF SIDE FOR MAILING, INSTRUCTIONS

a
�y PROP OF: r
DENNIS OSULLIVAN
P.O. BOX 643 M.H.%V.2+3.8
WILMINGTON,N.C.
~� �! .\ '!"I&V el OATING DOCK
�MA�NBp� 8047'
_ 1S.
517 ((§M1
T Rq S �; �T �� END. RD. 1
��l
PROP OF:
HILDA FREDERICKS
615 TRAILS END ROAD
WILMINGTON, N.C.
XIST. PIER
,-M.L.W.2 0.0 a
0, m
(/. MAINTENANCE DREDGING
r�
sM.L.VT 0.0 ,r,. S
MYRT
%a. .., r.••� r GROV
W DREDG�FN� g� /
_.w.=o.o /
M.H.W.•+3.8
NOTE:
APPROX. 3(n 500 C.Y. WILL BE /
REMOVED 9Y HYDRAULIC DREDGE
AND PLACED ON SPOIL AREA.-,
1
VICINITY MAP AND
SPOIL AREA PLAN
SCALE: I"a 400'
FROM AERIAL PHOTO
SPILLWAY WITH
STILLING BASIN
P;
SIT
% ' • A'•• P1 SCALD 1 R 2-MILES
/ " \ FROM N.C. S.H.C. NEW HANOVER
CO. ROO�MAP
ar,.• ,v.. .or. ,r. .,u.• , d
22
0.
v.. .r
Al
��Q �•'"''• RETAINING DIKE SET BACKk
yy
�."•• FROM M W. AND GRASSA O
v •/ .,r" ��' "LINE IO�tdIN.
d4.
MARINA EXPANSION
MASON80RO BOAT YARD INC.
609 TRAILS END ROAD
/� „' " .,•,:"";,,;\ WILMINGTON, N. C.
AUGUST,.1982
REVISED MAY 1983, CHANGED NEW DREDGING SHEET I OF 5

- 10
So
?IE PILE Sp+ To BXI vTIN� PI E{Z E
EXISTING
REPAIR SHOP 80'
F3nsIN)
41+
ASpy
'PIER-5�WIo6
FL.E
I.+8.0*
NEW
B
M=+ .3*.��
M,.L..=0.0
..:
li
I H U C
CUT
II I
II
I! II
CUTI TJ II
II 11
I I II
(I II
II .
�+ p' A
II SECTION � A
II IL o 118�
RS.
II
II SCALE: I ° a 20'
I 10' VARIES
590' + 6
NEW DREDGING
n J
O
I
EXISTING PIER =•h7.8i
I NEW PIER a
RAMP
RAR",P.
NEW FLOATING DOCKS
7.8 a pN
_
+0.
M.L.W..
Il
N / DRAU( lC CUT
=' .•r::::,.:;:.;:.:::. ..
,. I.
••
II
CUT TO -8.0 (ORIGINAL PROJECT DEPTH,
�I li
SAWKS 74-65-23-055)
V
(VOID)
SECTION B - B
(VOID)
SCALE: T' ED'
MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N. C.
AUGUST, 1982
REVISED MAY 1983 ADDED PIER'& DOCK SECT. A -A
VOID SECT. B-B SHEET 3 OF 5

A.I.W.W. SIDE
SPILLWAY PIPED
OVER GRASS
OF GRASS M.H.W. EDGE Ip' SPOIL AREA VARIES
IKE TOP D•+12.0
SPILLWAY "STILLING BASIN SPOIL
PIPE
M.H.W. =+3.8
EXIST. GROUND LINE
TYPICAL SECTI9N TUMID SPOIL AREA
f
ci
Q�
N
ef Z
C=) tY7
o SOUND SIDE
U �
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REVISED MAY 1983 j DELETED NEW DREDGING
FROM SECT. C-C
MARINA EXPANSION
MASONBORO BOAT YARD INC.
509 TRAILS END ROAD
WILMINGTON, N. C.
AUGUST, 1982
SHEET 4 OF 5

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MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY 1983 SHEET A OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

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MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY 1983 SHEET C OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

PLAN
REPAIR SHOP TO SERVICE DOCK
SCALE: I" 0 501
50 0 50
MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY1983 SHEET B OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

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MARINA EXPANSION
MASONBORO" BOAT -YARD INC.
609 TRAILS END ROAD
WILMINGTON, N. C.
MAY 1983-SH8ET" D OF E
SUPPLEMENT TO
6 SHEETS' DATED AUG 82

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MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY 1983 SHEET E OF E
SUPPLEMENT TO
OFFICE OF COASTAL MCT' 5 SHEETS DATED AUG 82
WILMINGTON, N. C'

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SCALE: 1.._ 20' HORIZ.
10' VERT.
40l
Nc-c i
c uT To -8.o
MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
.1�14a a MAY 1983 SHEET E OF E
SUPPLEMENT TO
OFFICE OF COASTAL Mai' 5 SHEETS DATED AUG 82
WILMINGTON, N. 0�

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF THE APPEAL OF )
CAMA MAJOR DEVELOPMENT PERMIT )
NO. 131-83 ISSUED TO MR. G. E. )
LOWE, JR. FOR MASONBORO BOAT )
YARD AND MARINA, INC. )
NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CM-83-0071
FINAL ORDER
THIS MATTER came on for hearing before the Coastal Resources Commission, on
January 26, 1984, in Wrightsville Beach, North Carolina. Vaiden P. Kendrick,
Attorney at Law, appeared on behalf of the petitioner, Masonboro Boat Yard and
Marina, Inc. Robert W. Lehrer and Ralph Cantral appeared on behalf of the
Office of Coastal Management, Department of Natural Resources and Community
Development.
Upon careful consideration of the hearing transcript, record, exhibits, and
positions of the parties the Commission finds the following facts and makes the
following conclusions of law:
I. FINDINGS OF FACT
1. Masonboro Boat Yard and Marina, Inc. (petitioner)
operates a boat yard and marina on the southern bank
of Whiskey Creek where Whiskey Creek meets the Atlantic
Intracoastal Waterway (AIWW) in New Hanover County,
North Carolina. G. E. Lowe, Jr. is the president of
the company. The petitioner has operated its business
at its present location since about 1965 and construction
at the site was completed in 1971 or 1972.
I

-2-
2. On December 14, 1982, G. E. Lowe, Jr., on behalf
of the petitioner, submitted a complete application
package to the Office of Coastal Management (OCM) for a
CAMA major development permit. In this application,
the petitioner, among other things, requested permission
to do maintenance dredging in an existing access channel
and to do new dredging totalling about 2.8 acres in areas
to the east of the existing basin and at the southwest
corner of the basin; all areas would be dredged to a depth
of -8.0' mlw and approximately 53,000 cu. yds. of spoil
from both the new and maintenance dredging would be pumped _._..-
across the AIWW to a 11.0 acre disposal area.
3. The petitioner's December, 1982 permit application was
circulated by OCM to state-iand federal agencies to obtain
comments on the proposed project. OCM-.staff objected to
the new dredging as being inconsistent with 15 NCAC 7H .0208
(b)(1), (b)(5)(A), and (B)(5)(B). The North Carolina
Division of Marine Fisheries also objected to the new dredging
because it would take place in locations designated as primary
nursery areas.
4. In a'letter dated February 16, 1983, the petitioner
requested that OCM table its December, 1982 permit application
until further notice.
5. On June 14, 1983, the petitioner submitted to OCM
a complete application package for a CAMA major development
permit which modified its original application of December,
1982. The primary changes in the modified application was

-3-
a reduction in the scope of the new dredging from about 2.8 acres
to approximately.0.65 acres and a reduction in the number of proposed
new boat slips. (See Petitioner's Exhibit #2 and Respondent's,
Exhibit #2 for project application and field report.)
6. OCM circulated the petitioner's June, 1983 permit application
to state and federal agencies to obtain comments on the modified
project. OCM staff and the Division of Marine Fisheries objected
to the petitioner's modified permit for the same reasons set out
in No. 3 above.
7. That thereafter on September 13, 1983 a conditional permit
was issued granting petitioner authority to dredge its existing
channels as described in that portion of the application requesting
permission for maintenance dredging. Said permit contained certain
conditions not before the Commission for review and, in addition, the
condition that, "This permit authorizes only maintenance dredging
of existing channel or basin areas. Any work delineated on the
plat set as 'New Dredging' is hereby deleted."
8. That petitioner in apt time gave notice of appeal and requested
a hearing before the Coastal Resources Commission.
9. That the parties have stipulated that the.issues to be heard
are as follows:
a. Whether the applicant's proposed project would
cause significant adverse affect on wildlife or fresh
water, estuarine or marine fisheries;
b. Whether the applicant's proposed project would
be inconsistent with Coastal Resources Commission rule
15 NCAC 7H .0208(b)(5)(a) and Division of Marine
Fisheries rule 15 NCAC 3B .1401 et seq.;
c.

-4-
c. Whether the applicant meets the conditions for a
variance set out in 15 NCAC 7J.0701(c).
.10. That upon the call of the case for hearing the presiding officer
was advised that petitioner, as an alternative method of proceeding,
would submit an application for variance and would introduce evidence
with respect to said application at the hearing and that said appli-
cation for a variance has been received by the presiding officer.
11. That petitioner has operated Masonboro Boat Yard and Marina
(hereinafter sometimes called the "Marina" or the "Boat yard") at
the present location since approximately 1965 and that construction
of said Boat yard and Marina took place over a period of years and
was completed about 1971 or 1972.
12. That previous dredging was done between the time the boat yard
was initially built and the time it was completed pursuant to a
"permit to dredge and fill" issued by the North Carolina Department
of Conservation and Development on May 14, 1970 which provided by `'
its terms that it terminated on December 31 of the next year sub-
sequent to the year of its issuance.
13. The Division of Marine Fisheries has designated the entire Whiskey
Creek system, including all of the areas proposed to be dredged by the
petitioner in its December, 1982 and June, 1983 applications, as pri-
mary nursery areas in 15 NCAC 3B.1405(r).
14. That a nursey area or estuarine nursery area is one in which
planktonic fish and shrimp change to a benthic form and start to be-
have like little fish and shrimp. That small fish and marine life
tend to move into shallow areas, particularly areas surrounded by
marshlands. That said small marine creatures move into shallows

-5-
0
areas to avoid predators such a larger fish, so that they may burrow
into the soft bottom and hide and probably because said shallow areas
warm more rapidly in the spring than deeper areas.
15. That the uppermost areas of a tidal creek system, that is the
areas farthest from the mouth of the creek are the areas where the
smallest fish and shrimp are generally to be found and that as the
water becomes deeper, larger fishes tend to be found.
16. That the type of bottom tends to influence the kind of fauna
available and that hard bottoms tend to have more kinds of different
species than soft bottoms do.
17. That there is a substantial amount of shallow water area or
habitat in the Whiskey Creek system but that said areas are located
primarily upstream of petitioner's property.
18. That the eastern portion of petitioner's project is approximately
40' x 200' and consist of hard bottom with some shallow area and that
it is diverse in terms of fauna.
19. That the eastern portion of the project is located near deep
water channels and that said deep water areas provide habitat for
large fishes.
20. That predators have access to the proposed eastern portion of
the project through adjacent deeper channels.
21. Dredging of the eastern portion to the same depth as the adjoining
channel would convert that area into an area similar to what is in
the channel and that said area would still have a function as part of
the nursery area although said function might be different. That said
area is located near the mouth of Whiskey Creek.
22. That the dredging of said eastern project will not effect an
area larger than the basic area dredged. That immediately after

dredging the bottom would be basically hard but would probably
fill with sediment and could eventually become similar to a shallow
area.
23. That a conservative estimate of the Whiskey Creek system would
place its area at approximately 54 acres of primary nursery area.
That said measurement measures nothing beyond the mouth of Whiskey
Creek and does not include shallow bars at the mouth of the Creek.
24. That the proposed eastern project represents approximately .2
to .4 percent of the Whiskey Creek area. That the Masonboro Sound
nursery area, excluding the higher marshland adjoining Masonboro
Island, consists of approximately 1,662 acres and that the eastern
area would represent .01 percent of said area.
25. That the proposed dredging of the eastern project would not re-
sult in a significant difference in the numbers and types of fishes,
shrimp and so forth.
26. That the western project is adjacent to petitioner's maintenance
buildings and includes a hard shell sand -mud spit or at least a portion
thereof. That at present there are a number of items of steel, pieces
of boats and other foreign physical matter located in said area and
that the area is hard surfaced in places and soft substrate in others.
27. That petitioner during this hearing tendered a further modifica-
tion of his application by agreeing to limit dredging of the sand spit
(shown at Transcript p. 155-Sheet A of E, dated August, 1982 contained
in petitioner's application) which is a 30' x 80' section, and to
dredge only' that portion of said sand spit below the low water line;
and that said proposed modification is hereby accepted and said appli-
cation is hereby found in all respects to be modified in accordance
with petitioner's request.

28. That removal of the steel, boats and other foreign matter
would eliminate potential hiding sources for predators and that
said removal of said items would also eliminate a potential source
Of pollution and would enhance to a small degree the nursery function
of that area.
29. That said western area currently functions as a nursery area
and that it would continue to function as a nursery area if deepened
following some of the same respects as its present function. That the
area represented by the western portion of the project is approximately
.6 to .8 percent of the Whiskey Creek area.
30. That the area represented by both eastern and western portions
of the project is approximately 1 percent of the Whiskey Creek area.
31. That deep water is currently very close to the western area.
32. That dredging the western area, excluding the sand spit, would
have an impact similar to that of the eastern area; that is there
would not be any significant difference in the number of fishes, crabs, '
shrimp, etc., existing before and after the dredging.
33. That dredging only that portion of the sand spit below the low
water line would reduce major impacts beyond the immediate area
involved.
34. Viewing the project as a whole, including that portion of the
sand spit below the low water, the proposed dredging would not result
in the statistically significant differences with respect to fish,
shrimp and crabs.
35. That there will be no significant adverse effect on wildlife or
fresh water, estuarine or marine fisheries from the proposed new
dredging, eastern and western areas, as contained in petitioner's
application, as modified at the hearing.

am
36. That the petitioner's marina was located at its present site
prior to the enactment of the Coastal Area Management Act and sub-
sequent applicable regulations and guidelines.
37. A variance petition was filed herein, in the alternative, and
the variance criteria of NCGS 113A-120(c) have been met by this
proposal.
II. CONCLUSIONS OF LAW
1. OCM properly denied the new dredging requested by the petitioner
in its June, 1983 application for a CAMA major development permit
in that said activity would have been inconsistent with NCGS
113A-129(a)(8), more specifically the State guidelines set out
in 15 NCAC 7H .0208(b)(1), (b)(5)(A), and (b)(5)(B) and 15 NCAC
3B .1401.
2. The new dredging requested by the petitioner in its June, 1983
application, as modified at the hearing as set out in Finding of
c�
Fact No. 27 above, would not cause a significant adverse effect
on wildlife or fresh water, estuarine, or marine resources.
3. However, the petitioner is entitled to a variance from 15 NCAC
7H .0208(b)(1), (b)(5)(A), and (b)(5)(B), and 15 NCAC 3B .1401,
pursuant to NCGS 113A-120(C) and 15 NCAC 7J .0700.in that:
a) enforcement of said State guidelines will cause the
petitioner practical difficulties or unnecessary hardships;
b) such difficulties result from conditions peculiar to
the petitioner's property;
c) the Coastal Resouces Commission could not have reasonably
anticipated the conditions when said State guidelines
were adopted; and

ME
d) the proposed new dredging, as modified, would be
consistent with the spirit, purpose, and intent of
the Commission's regulations.
C-

-10-
III. FINAL ORDER
The Coastal Resources Commission hereby Orders that the petitioner be ---- -
issued CAMA major development permit pursuant to NCGS 113A-118 and an
excavation and/or filling permit, pursuant to NCGS 113-229, consistent with
the Findings of Fact and Conclusions of Law set out above.
. P rker Ch, Chairma
t al Resources Commissii
4

-11-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the
foregoing Final Order on the parties listed below by depositing a
copy in the United States Mail, postage prepaid or by hand delivery,
as indicated, this the jdr,� day of January, 1984.
Vaiden Kendrick (U. S. Mail)
Attorney at Law
16 N. 5th Street
Wilmington, North Carolina 28401
Robert W. Lehrer (Hand Delivered)
Agency Legal Specialist
P. 0. Box 27687
Raleigh, North Carolina 27611-7687
RUFUS L. EDMISTEN
Attorney General
Daniel C. Oakley
Special Deputy Attorney General
P. 0. Box 629
Raleigh, North Carolina 27602-0629
919/733-5725
M

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
RECEIVER n
'BAN 161c: JAN 16 1984
r F CQ WASTAL RESOURCES Cum,
NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CM-83-0071
IN THE MATTER OF THE APPEAL OF )
CAMA MAJOR DEVELOPMENT PERMIT )
NO. 131-83 ISSUED TO MR. G. E. )
LOWE, JR. FOR MASONBORO BOAT )
YARD AND MARINA, INC. )
Recommended Decision of
the Hearing Officer
THIS MATTER came on for hearing before the undersigned Com-
missioner Glen Wood, appointed by the Coastal Resources Commission,
on November 9, 1983, in Wilmington, North Carolina. Vaiden P.
Kendrick, Attorney at Law, appeared on behalf of the petitioner,
Masonboro Boat Yard and Marina, Inc. Robert W. Lehrer, Agency
Legal Specialist, appeared on behalf of the Office of Coastal
Management, Department of Natural Resources and Community Develop-
ment.
Upon careful consideration of the hearing transcript, record,
exhibits, and positions of the parties the hearing officer pro-
poses that the following Findings of Fact, Conclusions of Law, and
Final Order be entered in this matter by the Commission:
I. FINDINGS OF FACT
1. Masonboro Boat Yard and Marina, Inc. (petitioner)
operates a boat yard and marina on the southern
bank of Whiskey Creek where Whiskey Creek meets the
Atlantic Intracoastal Waterway (AIWW) in New Hanover
County, North Carolina. G.E. Lowe, Jr. is the
president of the company. The petitioner has operated

A
0
-2-
its business at its present location since about
1965 and construction at the site was completed
in 1971 or 1972.
2. On December 14, 1982, G. E. Lowe, Jr., on be''
half of the petitioner, submitted a complete ap-
plication package to the Office of Coastal
Management (6CM) for a CAMA major development
permit. In this application, the petitioner,
among other things, requested permission to do main-
tenance dredging in an existing access channel and
to do new dredging totalling about 2.8 acres in
areas to the east of the existing basin and at the
southwest corner of the basin; all areas would be
dredged to a depth of -8.0' mlw and approximately
53,000 cu. yds. of spoil from both the new and
maintenance dredging would be pumped across the
AIWW to a 11.0 acre disposal area.
3. The petitioner's December, 1982 permit application
was circulated by OCM to state and federal agencies
to obtain comments on the proposed project. OCM
staff objected to the new dredging as being in-
consistent with 15 NCAC 7H.0208(b)(1), (b)(5)(A),
and (b)(5)(B). The North Carolina Division of
Marine Fisheries also objected to the new dredging
because it would take place in locations designated
as primary nursery areas.

-3-
4. In a letter dated February 16, 1983, the peti-
tioner requested that OCM table its December, 1982
permit application until further notice.
5. On June 14, 1983, the petitioner submitted to
OCM a complete application package for a CAMA major
development permit which modified its original
application of December, 1982. The primary
changes in the modified application was a reduction
in the scope of the new dredging from about 2.8
acres to approximately 0.65 acres and a reduction
in the number of proposed new boat slips. (See
Petitioner's Exhibit #2 and Respondent's Exhibit
#2 for project application and field report.)
6. OCM circulated the petitioner's June, 1983 permit
application to state and federal agencies to obtain
comments on the modified project. OCM staff and
the Division of Marine Fisheries objected to the
petitioner's modified permit for the same reasons
set out in No. 3. above.
7. That thereafter on September 13, 1983 a conditional
permit was issued granting petitioner authority to dredge
its existing channels as described in that portion of
the application requesting permission for maintenance
dredging. Said permit contained certain conditions not
before the Commission for review and, in addition, the
condition that, "This permit authorizes only maintenance

mc
dredging of existing channel or basin areas. Any work
delineated on the plat set as 'New Dredging' is hereby
deleted."
8. That petitioner in apt time gave notice of appeal
and requested a hearing before the Coastal Resources
Commission.
9. That the parties have stipulated that the issues
to be heard are as follows:
a. Whether the applicant's proposed project
----- -------- would cause.significant-adverse affect -on --- - --
wildlife or fresh water, estuarine or marine fisheries;
b. Whether the applicant's proposed project would
be inconsistent with Coastal Resources Commission
rule 15 NCAC 7H.0208(b)(5)(a) and Division of Marine
Fisheries rule 15 NCAC 3B,.1401 et•seq.;
c. Whether the applicant meets the conditions for
a variance set out in 15 NCAC 7J.0701(c).
10. That upon the call of the case for hearing the pre-
siding officer was advised that petitioner, as an alter-
native method of proceeding, would submit an application
for variance and would introduce evidence with respect
to said application at the hearing and that said applica-
tion for a variance has been received by the presiding
officer.
11. That petitioner has operated Masonboro Boat Yard and

-5-
Marina (hereinafter sometimes called the "Marina"
or the "Boat yard") at the present location since
approximately 1965 and that construction of said Boat
yard and Marina took place over a period of years
and was completed about 1971 or 1972.
12. That previous dredging was done between the time
the boat yard was initially built and the time it was
completed pursuant to a "permit to dredge and fill"
issued by the North Carolina Department of Conservation
and Development on May 14, 1970 which provided by its
terms that it terminated on December 31 of the next
year subsequent to the year of its issuance.
13. The Division of Marine Fisheries has designated the
entire Whiskey Creek system, including all of the areas
proposed to be dredged by the petitioner in its
December, 1982 and June, 1983 applications, as primary
nursery areas in 15 NCAC 3B.1405(r).
14. That a nursery area or estuarine nursery area is
one in which planktonic fish and shrimp change to a
benthic form and start to behave like little fish and
shrimp. That small fish and marine life tend to move
into shallow areas, particularly areas surrounded by
marshlands. That said small marine creatures move into
shallows areas to avoid predators such a larger fish, so
that they may burrow into the soft bottom and hide and
probably because said shallow areas warm more rapidly

in the spring than deeper areas.
15. That the uppermost areas of a tidal creek system,
that is the areas farthest from the mouth of the creek
are the areas where the smallest fish and shrimp are
generally to be found and that as the water becomes
deeper, larger fishes tend to be found.
16. That the type of bottom tends to influence the
kind of fauna available and that hard bottoms tend to
have more kinds of different species than soft bottoms do.
17.'That there is a substantial amount of shallow water
area or habitat in the Whiskey Creek system but that
said areas are located primarily upstream of petitioner's
property.
18. That the eastern portion of petitioner's project
is approximately 40' x 200' and consist of hard bottom
with some shallow area and that it is diverse in terms
of fauna.
19. That the eastern portion of the project is located
near deep water channels and that said deep water areas
provide habitat for large fishes.
20. That predators have access to the proposed eastern
portion of the project through adjacent deeper channels.
21. Dredging of the eastern portion to the same depth
as the adjoining channel would convert that area into
an area similar to what is in the channel and that said
area would still have a function as part of the nursery

-7-
area although said function might be different. That
said area is located near the mouth of Whiskey Creek.
22. That the dredging of said eastern project will
not effect an area larger than the basic area dredged.
That immediately after dredging the bottom would be
basically hard but would probably fill with sediment
and could eventually become similar to a shallow area.
23. That a conservative estimate of the Whiskey Creek
system would place its area at approximately 54 acres
of primary nursery area. That said measurement measures
nothing beyond the mouth of Whiskey -Creek -and does not
include shallow bars at the mouth of the Creek.
24. That the proposed eastern project represents ap-
proximately .2 to.4 percent of the Whiskey Creek area.
That the Masonboro Sound nursery area, excluding the
higher marshland adjoining Masonboro.Island, consists
of approximately 1,662 acres and that the eastern
area would represent .01 percent of said area.
25. That the proposed dredging of the eastern project
would not result in a significant difference in the
numbers and types of fishes, shrimp and so forth.
26. That the western project is adjacent to petitioner's
maintenance buildings and includes a hard shall sand -mud
spit or at least a portion thereof. That at present
there are a number of items of steel, pieces of boats
and other foreign physical matter located in said area

and that the area is hard surfaced in places and
soft substrate in others.
27. That petitioner during this hearing tendered a
further modification of his application by agreeing to
limit dredging of the sand spit (shown at Transcript
p. 155-Sheet A of E, dated August, 1982 contained in
petitioner's application) which is a 30' x 80' section,
and to dredge only that portion of said sand spit below
the low water line; and that said proposed modification
is hereby accepted and said application is hereby found
in all respects to be modified in accordance with
petitioner's request.
28. That removal of the steel, boats and other foreign
matter would eliminate potential hiding sources for
predators and that said removal of said items would also
eliminate a potential source of pollution and would
enhance to a small degree the nursery function of that
area.
29. That said western area currently functions as a
nursery area and that it would continue to function as a
nursery area if deepened following some of the same res-
pects as its present function. That the area represented
by the western portion of the project is approximately
.6 to .8 percent of the Whiskey Creek area.
30. That the area represented by both eastern and western
portions of the project is approximately 1 percent of the

Om
Whiskey Creek area.
31. That deep water is currently very close to the
western area.
32. That dredging the western area, excluding the sand
spit, would have an impact similar to that of the eastern
area; that is there would not be any significant dif-
ference in the number of fishes, crabs, shrimp, etc.,
existing before and after the dredging.
33. That dredging only that portion of the sand spit
below the low water line would reduce major impacts be-
yond the immediate area involved.
34. Viewing the project as a whole, including that
portion of the sand spit below the low water, the proposed
dredging would not result in the statistically signifi-
cant differences with respect to fish, shrimp and crabs.
35. That there will be no significant adverse effect on
wildlife or fresh water, estuarine or marine fisheries
from the proposed new dredging, eastern and western
areas, as contained in petitioner's application, as
modified at the hearing.
36. That the petitioner's marina was located at its pre-
sent site prior to the enactment of the Coastal Area
Management Act and subsequent applicable regulations and
guidelines. Petitioner's application therefore concerns
the expansion of an existing marina, and should be

-10-
considered on a case -by -case basis under Commission
regulations 15 NCAC 2H.0208(b)(5)(A).
FROM THE FOREGOING FINDINGS OF FACT, THE PRESIDING
OFFICER CONCLUDES AS A MATTER OF LAW THAT:
1. There will be no significant adverse impact on wildlife
or fresh water, estuarine or marine fisheries from the proposed
new dredging, eastern and western projects, contained in petitioner's
application, as modified at the hearing.
2. That the standards and guidelines contained in 15 NCAC
7H.0208(b)(5)(A) call for consideration of this expansion of an
existing marina on a case -by -case basis, and the applicant's
proposed project, as modified at the hearing, is not inconsistent
with Coastal Resources Commission regulations regarding marinas
found in 15 NCAC 7H.0208(b)(5).
3. That petitioner's application, as modified at the hearing
for new dredging, both eastern and western areas, should be
GRANTED.
BASED upon the foregoing Findings of Fact and Conclusion of
Law, IT IS HEREBY ORDERED that the petitioner Masonboro Boat Yard
and Marina, Inc. be issued a modified CAMA major development
permit, #131-83, which deletes condition #1 and which reflects the
modifications agreed to in this hearing.
The undersigned hearing officer respectfully recommends that

-11-
the full Coastal Resources Commission adopt the above Findings of
Fact, Conclusions of Law and Order in their entirety as the final
agency decision herein.
In the alternative, the hearing officer recommends that the
full Coastal Resources Commission allow the parties to address
the variance criteria of NCGS 113A-120(c) to determine their ap-
plication to this project.
This the 16th day of January, 1984.
9 �-) ov-� 6 4 p co
Glen Wood, Hearing -Officer
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the
foregoing RECOMMENDED DECISION OF THE HEARING OFFICER on the parties
listed below by'depositing a copy in the United States Mail, post-
age prepaid or by hand delivery, as indicated, this the 16th day of
January, 1984.
Vaiden Kendrick (U.S. Mail)
Attorney at Law
16 N. 5th Street
Wilmington, North Carolina 28401
Robert W. Lehrer (Hand Delivered)
Agency Legal Specialist
P. 0. Box 27687
Raleigh, North Carolina 27611-7687
RUFUS L. EDMISTEN
Attorney General
j C_ 0Cx
Daniel C. Oakley
Special Deputy Attorney General
P. O. Box 629
Raleigh, North Caroilina 27602-0629
919/733-5725
Attorney to the Hearing Officer

RECEIVE"
'JAN 16 iCu' JAN 16 1984
NPCD COASTAL RESOURCES COMM.
OFFr�= �p LEGAL A,--M-il
STATE OF NORTH CAROLINA NORTH CAAROLINA
COASTAL RESOURCES'COMMISSION "
COUNTY OF NEW HANOVER CM-83-0071
IN THE MATTER OF THE APPEAL OF )
CAMA MAJOR DEVELOPMENT PEP24IT )
NO. 131-83 ISSUED TO MR. G. E. ) RULINGS RESERVED AT HEARING
LOWE, JR. FOR 14ASONBORO BOAT )
YARD AND MARINA, INC. - )
At the hearing of this matter before the undersigned Com-
missioner Glen Wood, objections and motions to strike were made
by the petitioner to certain questions and testimony regarding
cumulative impacts of projects similar to the petitioner's
(Tr. pp. 118-119); rulings were reserved as to these objections
and motions; and upon consideration it appearing to the hearing
officer that the objections should be overruled and the
motions denied.
IT IS THEREFORE ORDERED that petitioner's objections (at Tr.
p. 118, lines 13-14, 22; and at Tr. p. 119, lines 8, 16) are
overruled; and petitioner's motion to strike (at Tr. p. 119,
line 8)is denied.
This the 16th day of January, 1984.
Glen Wood, Hearing Officer

-2-
CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the
foregoing RULINGS RESERVED AT HEARING on the parties listed below
by depositing a copy in the United States Mail, postage prepaid
or by hand delivery, as indicated, this the 16th day of January,
1984.
Vaiden Kendrick (U.S. Mail)
Attorney at Law
16 N. 5:th Street
Wilmington, North Carolina 28401
Robert W. Lehrer (Hand Delivered)
Agency Legal Specialist
P. 0. Box 27687
Raleigh,North Carolina 27611-7687
This the 16th day of January, 1984.
RUFUS L. EDMISTEN
Attorney General
C .ou�
Daniel C. Oakley
Special Deputy Attorney General
P. 0. Box 629
Raleigh, North Carolina 27602-0629
919/733-5725
Attorney to the Hearing Officer

_0
m
PLOW —
ORIGIN&L IJt=W
DRE0,211NG To-61
In
Box IL
NI7
Tec.
A
Y.14ep
NEW
+8oi
BIER
X S�IA
Ml�ItJTElJt1VJGE.
Pizc—AGE
EXIST. Q6�LW4Y
TO He Szemove
_ff EX15T.
r }off REPGI{Z
SEbP A
PLAN
(WEST END AT REPAIR SHOP)
SCALE: i"= 50'
50 0 50
EXI�iT• , O
D
.1UN 1 a 1983
OFFICE OF COASTAL MGL
WILMINGTON. its.
MARINA EXPANSION
MASONBORO BOAT YARD INC.
609 TRAILS END ROAD
WILMINGTON, N.C.
MAY 1983 SHEET A OF E
SUPPLEMENT TO
5 SHEETS DATED AUG 82

-5-
II.
about 30' above high water). Also, the property
is not sufficiently large to permit the construction
of a basin on the upper portion of its premises,
and there is no other place on petitioner's
property upon which new slips can be located
other than as proposed in the June, 1983 appli-
cation. Finally, all of petitioner's property
adjacent to water is bounded by primary nursery
area as designated by the Division of Marine
Fisheries.
15. There are a limited number of rental slips
available in New Hanover County.
16. At the hearing, the petitioner tendered a further
modification of its application by agreeing to
limit dredging of the sand spit shown on sheet
A of E, supplement to five sheets dated August,
1982, and contained in petitioner's application
as a 30' x 80' section, to that portion of the
sand spit below the low water line.
CONCLUSIONS OF LAW
1. OCM properly denied the new dredging requested by
the petitioner in its June, 1983 application for
a CAMA major development permit in that said
activity would have been inconsistent with
NCGS 113A-129(a)(8), more specifically the
State guidelines set out in 15 NCAC 7H .0208
(b) (1) , (b) (5) (A) , and (b) (5) (B) and 15 NCAC

14
Table 4
Comparison of Benthos at Fisure Eight Island
Number of Individuals
Number of Species
Biomass (g)
Species Diversity
Index
Percent Polychaeta
Percent Crustacea
� Percent Mollusca
DREDGED
NATURAL
Range
Mean
Range
Mean
0 - 3
1.3
15 - 37
25.0
0 - 3
1.0
7 - 12
9.2
0 - 0.05
0.03
0.06 - 3.55
1.46
0 - 4.1918
1.0480
5.5765 - 7.6521
6.6413
60
34
0
19
40
47
Coliform bacteria appeared most numerous in the sediments
of the dredged channel. Dilutions resulted in overgrown
plates in bottom samples from the dredged channel; however,
a very small number of colonies grew from the natural channel
samples.
Whiskey Creek Channels
Description of Study Area; -
Whiskey.Creek.(Area III) -is -a -small, -highly developed
watershed adjacent to:Masonboro Sound -.(Figure 5). A channel
was dredged --to create a�boat-basin-and water access. .This
resulted in channelizing the lower part of -the creek.. -,The,
dredge cut is about three. -years. old, and relatively short
with a'depth averaging 2 meters. .Hj� comparison, the. natural

15
=a
channel is located upstream from the dredged channel in the
unaltered portion of the creek and has an average depth of
slightly less than one meter.
Three stations were established in each channel and
sampled on May 14, 1973.
Results
Some salinity stratification was noted in both channels.
Turbidities were higher near bottom with the dredged channel
containing higher readings (Table 5).
The substrate type in this area was generally one of
fine particles sizes with high organic content. The dredged
channel contained 45.59 percent silts and clays as opposed
to only 29.73 percent silts and clays in -the natural channel
(Figure 6).
Dissolved oxygen levels of surface waters were similar
in both channels; however, the oxygen demand of the dredged
channel substrate was about twice that of the natural channel.
Significantly higher levels of hydrogen sulfide were found
in the dredged channel. Readings ranged from 0.0 mg/1 to
5.0 mg/l while tha natural channel consistantly showed zero
readings.
Benthos was 68 percent less in numbers in the dredged
channel as compared to the natural channel (Table 6). Bio-
mass 'in the dredged channel was 99.8 percent less than in
the.natural channel. This, however, is -.due to the fact
that the natural channelcontained oisters-(Crassostrea'
virginaca), and clams (Mercenaria mercenaria) which have

Chemical Data From DrTable s
edged and Natural Channels of
Whiskey Creek
Top Salinity (0/O0)
Bottom Salinity (0/O0)
Top Temperature (0C)
Bottom Temperature (°C)
Top Turbidity (JTU)
Bottom Turbidity (JTU)
.Top Dissolved Oxygen (mg/1)
Bottom Dissolved Oxygen (mg/1)
Dissolved Oxygen after
suspension of sediments (mg/1)
pH
Hydrogen Sulfide (mg/1)
17 '
DREDGED
NATURAL
Range
Mean
Range
Mean
18.31 - 20.46
19.03
16,15 -
21.54
19.56
23.69 - 29.08
26.56
24.77 -
25.86
25.49
22.5 - 22.8
22.7
22.6 -
23.0
22.8
22.2 - 22.6
22.4
22.8 -
22.9
22.8
45 - 59
52.0
22 -
62
42.0
31 - 138
89.7
25 -
115
57.3
6.0
6.0
5.0 -
6.0
5.7
6.0 - 7.0
6.3
5.0 -
6.0
5.3
0 - 4.0
2.3
4.0 -
6.0
5.0
8.0
8.0
8.5
8,5
0.0 - 5.0
1.8
0.0
0.0

19
Table 6
Comparison of Benthos in Dredged and Natural Channels
DREDGED
NATURAL
Range
Mean
Range
Mean
Number
of Individuals
1 - 7
5.0
14 -
17
15.7
Number
of Species
1 - 3
2.3
6 -
7
6.7
Biomass
(g)
trace - 0.5
0.2
3.84 -
166.1
88.5
Species
Diversity
Index
0.0 - 3.5499
2.3366
4.8765 -
6.1075
5.5991
Percent
Polychaeta
64
68
Percent
Crustacea
27
4
Percent
Mollusca
14
28
a relatively greater weight. Species diversity was reduced
by 58 percent in the dredged channel and benthcs composition
was significantly different. The natural channel contained
a 51 percent higher nekton biomass than the dredged channel.
Crustacea in the natural channel comprised 66.35 percent of
the (�e{tonlcarch while thay made up only 2.67 percent of the
catch in the dredged channel. Also, it should be noted
that 1,367 of the 2,092 individuals from the natural channel
were post larval brown shrimp (Penaeus,aztecus), but.only.
fifteen were taken in the dredged channel.
Table 7 shows the percentage of silt and clay from
sdeiments of the dredged and natural channels. Samples

20
4J
Table �7
Percentage of Fine (Silt and Clay) Sediments in Channel Substrates
AREA DREDGED CHANNEL NATUR4.I, CHANNE
Wrightsville Beach 51.8 2.8
Figure Eight Island 56.4 9.3
Whiskey Creek 45.6 29.7
-----------------------------------------------------------
Average 51.3 13.9
from artificially deepened areas consistantly contained
substrates composed predominately of fine grained sediments.
Taylor and Saloman (1969) reported silt and clay sediments
predominated in dredged areas of Boca Ciega Bay, Florida
as compared to predominately sandy sediments in unaltered
areas. It can be assumed that artifically deepening channels
in the southern coastal estuaries of North Carolina will
result in a significant change in channel substrate with
silts predominating.
Tablo` 8 shows hydrogen sulfide concentrations measured
on bottom after the suspension of channel substrates. It .
may readily be seen that artificially deepened areas con-
tain high potential hydrogen sulfide levels whereas natural
areas contain little or no hydrogen sulfide.

21
Table 8
Hydrogen Sulfide Concentrations in mg/l of Suspended Channel Sediments
Wrightsville Beach
Figure Eight Island
Whiskey Creek
-----------------
Average
DREDGED CHANNEL
0.27
1.62
NATURAL CHANNEL
0.00
0.00
1.77 0.00
------------------------------------------
1.22
0.00
(1qq)
McKee and Wolf indicate the major sources of hydrogen
sulfide in water include decomposition processes, sewage,
and industrial wastes and that levels of 1.0 mg/1 may be
considered toxic to many organisms. It is likely that lack
of adequate flushing in artificially deepened areas causes
hydrogen sulfide concentrations in bottom sediments which when
suspended may result in severe chemical shock to organisms
in the area. Pratt (1953) suggests that some species may
be limited because "weak currents in areas of deposition are
insufficient for the removal of toxic metabolic wast"
(hydrogen sulfide).
Tables 9 and 10 show the relationship of benthos pop-.
ulations in dredged and natural .channels. The data indicate
that a substantial reduction in individuals and species
diversity will occur in similarly altered areas. The loss
of such a large portion of.the normal-benthic community must
be considered a serious impact resulting from dredging of
channels'. It is also apparent that re-establishment'of benthic
kS
u,x

22
Table 9
Species Diversity Index of Benthos From Dredged and Natural Channels
AREA
Wrightsville Beach
Figure Eight Island
Whiskey Creek
-------------------
Average of 11 Samples
DREDGED CHANNEL
1.6610
1.0480
2.3366
1.6819
NATURAL CHANNEL
3.0268
6.6413
5.5991
5.0891
communities in these channels does not occur rapidly as re-
ported in some other habitats.
Table 11 shows a comparison of the percentage of demersal
species in the nekton of dredged and natural areas. It is
readily apparent that the nekton populations are radically
different and that demersal species almost disappear from
the dredged channels. Since the demersal nekton -k s�
senAr �s shrimps of the family Penaeidae, this
loss should be considered a major impact of channel construction.
Summary and Conglusions
Three estuarine areas were selected on the southern
North Carolina coast,as being representative of alterations
caused by the dredging of box -cut channels for waterfront
residential development and.boat marinas. Each sampling site
contained both a dredged (experimental) and natural (control) `,

Table 10
Average.Number of Individuals in Benthos Samples From
Dredged and Natural Channels
AREA DREDGED CHANNEL NATURAL CHANNEL
Wrightsville Beach 1.33 23.00
Figure Eight Island 1.25 25.00
Whiskey Creek 5.00 15.67
--------------------------------------------------
Average of 11 Samples
2.53
21.22
Table 11
Average Percentage of Demersal Nekton Species in
Dredged and Natural Channels
AREA
Wrightsville Beach
Figure Eight Island
Whiskey Creek
-------------------
Average
DREDGED CHANNEL NATURAL CHANNEL
0.7 33.0
0.6
37.0
1.9
--------------------------------
66.5
1.1
45.5
channel in which various physical, chemical, and biological
parameters were measured to'determine any differences between
the dredged and natural areas.
The major physical difference was -in channel depth, and
sediment grain size. Chemical differences were apparent -at
the sediment -water interface but not in the vertical water.
column.
;-

' 24 �
-y
. - till. •lv.
Major biological differences were.apparent and appeared
to be caused by chemical'changes in the sediments at the bottom '1•`
of the channels.
The major direct impact of the dredged areas appears to
be a significant reduction,in benthos and in demarsal nekton.

61
Wiskey Creek - - Dredge a:nd Fill 1 l7
The Wiskey Creek dredg& and fill area has been designated
as a proposed commercial shrimp and finfish nursery area by
the Division of Marine Fisheries. Sampling was done to determine
the differences in the natural area and the dredged area.
Nekton sampling was done by trawl and seine both day and night.
Daytime trawls showed a significant difference in %demersal
individuals between the natural area (proposed dredge and fill
area), the dredged channel, and the Inland Waterways. The
natural area sample was composed of 72% demersal individuals
as compared to the dredged channel area sample which was
composed of only 11% demersal individuals , and the Inland
Waterways sample that was composed of 20% demersal individuals.
Night samples showed four times as many pink shrimp in the natural
area as in the dredged canal, on a catch per minute basis.
Bottom samples were taken with a Peterson dredge in
five "spotted" locations. Samples #1 and 2 were taken on the
mudflats where the proposed docks are to be built. Sample #3
was taken in the natural area close to the already existing
docks. Sample #4 was taken in the dredged channel and sample
#5 was taken at the mouth of Wiskey Creek in the Inland
Waterway•.
The only major differences in water chemistry was in the
turbidity and H 2 S of the sample taken in the dredged channel.
The high turbidity in the dredged channel was probably due
to the density layer on the bottom; while the high H 2 S sample
(greater than 5mg/l H29) was due to anerobic conditions on

the bottom.
The benthic organisms were analyzed on number and species
composition. The mean species diversity index for the natural
areas was 5.822, while the species diversity index for the
dredged channel was 0. The bottom sediments were also analyzed
fpr grain size distribution. Samples #1 and 2 of the mudflat
area contained 85% coarse sediment and 15% fine sediment.
Sample #3 of the natural area next to the docks showed 77%
coarse sediment and 23% fine sediment. Sample #5 of the
Inland Waterways area showed 90%coarse sediment and 10% fine
sediment: Sample #4 of the dredged channel area, showed the
greatest variation with only 8%coarse sediment and 92% fine
sediment.
The greatest difference between the dredged and natural
areas was in the benthic habitat. The habitat of the dredged
area was reported two years ago in "A Comparison of Dredged
and Natural Channels in North Carolina Estuaries" by Godwin
and Sholar. The conditions in the dredged area have changed very
little from two years ago, suggesting that the reestablishment
of natural benthic habitat takes a very long period of years.
The dredging of natural areas would provide unsuitable habitat
for a nursery area. Therefore, taking into consideration
that the natural area habitat would be changed into the dredged
area habitat, I recommend the permit forddredgd and fill be
denied.
SI5

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®pGr. �aUF
118811874
F ^ &TAIL or �Re-1Esl[t: IRTH —
Tax Lot No.
Welded by
by
jUL 15 2 sa Pit le!
RCCgpal •
kHdltq tF ..a]&
MC
Retnra.ne Tm . h.S and
Parcel Identif" No.
County on the day of
mall after r ordinq w Eugene Ernest King Jr.
:t 7r:::: - /- -t.�
Thin Instrument toss prepared by Addison Hewlett, Jr.
Brief desenpl�.. for the Index Lot 9 µasonboro Bluffs
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made tbis/6 iA • day of July . Irsi , by and between
GRANTOR ( GRANTEE
PEARL SANOERLIN (widow)
44
ID
EUGENE ERNEST RING, JR. (single)
Law la .pereprl.tr !leek Ter "A party: as MMe, seeress, mot, it aeynp,4le, rh .Itvf al .aUty. e; eerp.ra,Mf of yete,Mla.
The dasiyaalion Grantor and Grantee as used herein ohall Include said parties, lhel, helm, successors, and essifes, and
shall include singular, plural, masculmq feminine or neuter as required by context.
vlITNESSLTH, that the Grantor, for a valuable consideration paid by the Grant". the receipt of which Is hereby
ulmowledred. has and by these presents does grant, bargain, sell and cunvey unto the Grantee In fea simple• all that
certain lot or parcel of land ituated In the City of Harnett Toanshlp,
New Hanover County, North Caruhna and more particularly described as follows:
Being all of Lot 9 of the Subdivision of Nasonboro Bluffs according to
a map of same recorded in Book 173 at Page 111of the Registry of New
Hanover Countyr reference to which is hereby made for a more particular
description. ee

LvT I
STATE 07 SORTH CA.701-I:tA)
NEw iWCgX4 COMITY ) r•onally appeared
I. H.V.7a11•• ■ lot•rY public sn a■d foT tM MetI and County aforesaid. o
nereby certify that V1111am Dtratlun Jt rid Meato V.Struthers, hit .1 taw W
Do. ore tie this "Y cad acknowledged lsdged the due execution b of "a grit toyd'A&mintiadtu.,p.µt*mind +d
Vamle V.Struthare rife of 1t111m"truthem le owing y magodoth state that ot.s
►prrt oleo wr wad ..eDaad. touching her voluntary ex■dutloa of , o eh,,r
s+dn%d tam lama 1,1 and roluataril7. •ithaut fear or compulu on of her sold r.u•bu'-• Or any
C and that *beaoth still TOIIIA at+
otter potion, lY avant f 39:%
1ltnasl my Vend and goal. tl.la J 4l' o
ll, V,"ILA Notary ruolle
( Notarial Seal) "Gr%lonlon expires the D amY of Apr lii!
STATZ OF M(n TH CAROLIMA
MxV HAVOVMR VtlrrY
Tile foregoing Csrtiflcat• of Richard L.P1aYar :otsry P-.talc of lisp ::andv
County. is adjudged to b• correct. Let the Iles trument with the Certificates as recoral0. T'.a
U,t J day of Yeby 1427 ■,N.Harrias
Clark Superior Court -
STATB 01 NORTii CAR01.I1A
MEVHA1tom COLMTY
The tor•dolmg COTtifle&te of H.V.tells Notary ►ub110 of Saw Ha+.oveL ore r
3e Adjudged to be correct. Let the +notr,ment with the Cortl[lcrtu as r•<orata. To:e u } day
of Yeby 1927 V.N.Harri As
Received and Awerd■ld hbY 3,194
at 4-10 P.Y. Clark Superior COwt
-iced • or of • _ •- . . . . . . . . . . . . . . ..
OLIYIIR T.VALLACV•ItT AL • STATE 01 OtR THCAROLINA I S.B.-VARMNTY 3000D
TO a A"W NINryrR COUNTY ))
Y..R.COE s THIS IMTMIITIM;. Y&de t1.i1 28t1. day of•J&nna b.Val�; and Y
DNHD i and between Oliver T.Vall&de a°d life Vary
V1111ae Struthers Jr. and Wirt. I-Amie V.Struthers, of 111-
o and
�i ltireyr,'tuna In tile•�oState
uetyof blew and
andat orth CtutOC ofoNorth C`rallla oft thetoeedrdxpart- of
MIT:31S171i. That the uld parties of the ttrstparts for and in cons,demw
tlen of tile Mum of Ono Hundred slut Mo/300 Dollars, and othor vrlusbla +our. dereticnsto than 10
of to hereby a
rand paid by theD ardal party of the ■old, a00l en nd aartlrnd conveyed, the DandVDYe these presented 1Ohereby@Live.e
gives. i.rantod. the
his anl.<l rgranlast e�i Y.ns fo Serer,• vey
allthatand
lot Of o land,aaltuatod. ly1°.: and rbea°2 10 part w6 to
rasonboro Townohlp County of Mow Hanover'sndDt&to of North Carcllna, buunde6 and demencw e
follo•o, to -Witt
,@Ind all of Lots Not. 9,9,10,11.12 slid the Vestern 15 feet of lot No. 13,
of Vasonboro bluffs Subdivision. as laid out and platted by J.L.Bec to°•+Y11 Lngl sour, is
April. 1?2a. and <f record at the Ofllcg of the Register of Deeds Tor !;Ow11&wver County. North
in look 173. Par.. 11.
An easement is here by gtsated into, through oror Road
gsotoo ro Dlu ■
rom I
Also W. esaamanti toy1,erebyrivs ( granted lato,l tr.rouih and overfPurvlaneebArmue, total; thirto N tyfivtt
(15) fast in width on- running from Purvlanoo Crock to S°wnen'r line.
T1.0 following ttrlctlow are act&pted by the 0rantoo a •Dart ofthe con-
es
sideTatlOn for nlrself and big heirs and &•signs, and *hall constitute covenant■ roam ng Witt.
ti.e lands
Lone of the property herby descent, *hall ever be owned or In any e&°°ar
k.eld yaaperson
a rson or]personsing of thecm Dram us or any irth or snogro servant who is "playded that this ed
purposes by the occupants of aWelling house together with the fanny °! owiC esnant.
Mo surface eloettt Shall ever Ls aaintwlned on the promises lareby eOATOYed•
together with all sad singular• u,s lands, tnatrsts, easements and appurtenance togetia Dw-
10aglna. or in anywl so ADpertlning.
TO HAY; AND TO HOLD the above granted cad describeurttlraees�tp together
De-
all and ■Sngulsr, the rights, privilege• ee®et, tact then%m slid nVp
lond+nd. or in anywise &pP•rtalolad unto the •aid party of the second
part h1• bSera cad eswiga•
In
fee single, 7DIRVMA.
And the etc parties of the first Parts for thmsglve &lid their balm.
and administrators do
s laedoinafee of t to the with abovethe loold gractod vadtaucribed promioads s, raid thfrom
ey„
have any aged allignctsbrsell anea� and
that thethey wndetheirpheira,+aesacut thetorooand administrators rshsll
VAftRANT and EMSD it* title is the Agee against the
lutist claims lad demands of say cad all
persons whomsoever.
I; T;'.TIYONY V1l;Rltn7,tha said parties of the [trot Dart lace hereunto se
thou bands sad affixed their eels the day and year Oliver T.V&IIACO But
. Mary D.Vallaoe (BXAL
William atrutherm Jr
Made Y Struthers (CM
S:ATN 07 RCRT11 CAROLINA)
MM HArOVMR COYSTY
I, Richard L.73a7er. a Notary public In and for the Usti and ColsiOr es»d
did, ao hereby certify flat Oliver T.hl lace and Vary ,.Wallace big wife, personally • D
betels se tT.11 day and acknowledged the due execution of the onead Instrument, and .the dfrees
id
vary B.W&ll&eo Wife of Oliver T.Vallae testy[ by me prlgUly soli[aid, separate end andtthe
her old husband t0uoh.ng her vOlust+•ry txtdutle Of the coca, sold tuts d, O one SothtT peF
ear..+ frraly and voluntarily• wlthcut 71or of compulsion of her old hwoan6, or any
son, and flat oho doth still voluntarily teem LhAmto._•• I ►.bruarY 1427

i
Ii
JOHN J UR EY. JR.
Louis A. NEY
DAVID C. BAREFOOT
Roy
C. BAIN
A U LEY M. CROUCH, III
BURNEY, BURNEY, BAREFOOT, BAIN & CROUCH
ATTORNEYS -AT -LAW
I IO NOwin F.F,. AVE.ee
WILMINGTON, NORTH CAROLINA 2840L
January 24, 1984
Mr. Eugune King
114 Trails End Road
Wilmington, NC 28403
Re: Easement
Dear Mr. King:.
P. O. Box 89
PHONE [phone]
AREA CODE 919
Pursuant to your request, we have checked the New Hanover
County records in regards to your easement rights as a property
owner of Lot 9, Masonboro Bluffs.
It is our opinion that you havethe right in common with
all other prnnesty owners inszb.�
own on the plat of Masonboro Bluffs for access to and from
Masonboro Soun an Purv� aiZe By rrpak
For your information, a copy of -the recorded plat of
Masonboro Bluffs is enclosed showing the location of all streets
in the subdivision.
If you need further assistance, please advise. Thank you
for requesting our services, statement is enclosed..
With best regards, we are
Very truly yours,
BURNEY, BURNEY, BAREFOOT, BAIN & CROUCH
By:
David C. Barefoot
mo
Enclosures

I 1 1 1 r lu 1
1 1 I 1 - .1 r' u 1• I
l'.. I..Il lr milli I 11. 10{LI wll .�I
' 1 v'n , p l ..r .a r 1 ur.. Il.l lief l'•'•:
..II
I upon ll. .•I nd.
• i111.II n'\. r.l 1!I r
"1,
.1 1 i.. il�r.l'I �r) ell rl 1 i. •.11 .1 n.l.• ..1 ., 1' I.:I I.�1l .r \.'ill ♦ ..... •1 r or An♦
�, : .l n'IAl l r f.u101 i..r .• a,l I � 11 I ll I' 11. LI. I
rJI Or
r 1 I.•1 L 1 .rl -.1 1• I JI•
.11 L t r 1'r ,rl , .•1 Ir.11r r r l 1 l I t l wl 1 I f.
l 1' 1 I ,. I u • nn 1 1 l
11 1•I'ir.l l". L• ♦.1 ••1 '1'\L •1'L\ 1)1 AL .•.1 •It, .111r1r I L ,
• rr L., ..'1' ..III.. .•nl Jrr•r 1 I'I 1•nr Aryrl)' LL.• Irl+ . 11, "1 nl r ..; l LrIt ..Ill
r 1bl an.l I'•'udr'rin ll.. ruy •`
, 1, • walll pn.'l l 1 ul 'Lt.,r I I I'+L part , JI'+I•''al
L' II„Im tl I11. a.l rl ul I. .AI•' and 1••'.•1.11'.ILOn ul l.rla dyl-r�.
I.� •. Ill At l.. • ..1 II • .
:n •11 nr.n •h•rr.w• tl.. .. .rt l.�.
. .• I n t.�r �i.n dnd \. aP I u' .1 al u\. `•11l••,I
I. Ll v.d.r•U. L.•rl+. .1
a .v'Llly LhAt !'.. 8, IL.hLr
. .' 1L.+.Wy, an J, ae l,nuwlrJ•a
,It.. I I I .a earl La\. 1.1 rrmLLa +.'t to it llrll.lm an"
1:Ar1. Z. u.lhl
Junrpl•Lar Lind..
nllr lun.•pLa n.• nl.u..
I S.•A I 1
I S.'A I i
0114.U9 Inl.l,a m \.w w\•'r I"It", '.t aL. ,I %I.rLh tArJl Ina
.I„+. pale.' .:. n.. ., no. Lr.. y•!.....:. i.I... I I" fume I ly apprar"ll br fume
Ulm .hlr r\r, ul fen •li U.•' urr..ul n" In+t ruurllL for th.. purpmr+
t h.'M UI .• \In'rn n•'J.
t.ILnr '.end
I.
. ❑ nut dl•ial +,,I, this lW' I•All. IN
lirr\\h
Not., ri.al nrAl 1 Ial„I Notary
by r.na::.i ++I rn rapt. r•• A mil
ul kurrnl..9•, IJuJ.
I L.•wir
nu iL
SIAIL I-F GL<Ch .' • L.ALIU
NLI: IIA $I iCl.t lUf\'
lima Fnr ;••out LertlilcAtr of Llai4b,t 1, Lvri r. notary pnhl u' of
a.I blJo,.•.1 to I, Ilrr,.rt• Let th.• in+Lru'n. nt with life G•rUilfalr Ill' nn'u
' Urnwl br`.L, na.
rill tl..• 1.1 b. Aay uI' l Snv. I•'I J•
V,•rn,•ll Urf ant,
As+t. Clrrk aup,rior
Ilan--er Count Y. is
Aerrl 'd :nLt N,•cooJ.•d. Nuv. 1`. I'eIJ
at i':o 1', ''7,1., and VrrifirJ.
Ba Ler Of Deed+ ---------------------------------------------------- .______________________
_ _ ________________ __________
LMLL M. C1:1SIlu Lk iTATL OF NJN n: L'AWIL1%A
To n Cop%TI' uF NLk IIASoVLN
CAINUu% N. CA)IFbLLL, Lr IX Tlltb 1SUI.NTLNI., made it.,. it., 17th. Jay
ULLU _ _ _ _ _ _-• .q tiuvunY,cr, 14414, layend between Lthe) H. Chisholm, willow.
part' -of the Ylre{yams, and fAM141a It. Campbell Anll r,fr, e+lly `I. a•
Canpbel 1, parties of th
Second part. all parties of tins County of Nor Ilanuvur and Sao"' of North Carolina,
A'ITNLSSLIII: That Uu• meld Party of t6u Flr+t fart, for and In considuration Of the ells
of one IlunJrv•J (SIJd. JU) 110111 re. mill other valuable consideration, to her in hand paid by pled
said partirr of the Sreond part, Lite receipt wlr•rrol' ix lu•reby acknorhrroby, has saran. granted,
I arCa.ls•d and Nuld, Aliened And conveyed, And by there prexentx dour lu•roby glee. grant. ban rKalll
And sell, .liicn, convey and rheiell
onI rn unto Lim an ld Ila 1, )area lrtur tract, ofill' Second l anJl.dto
sitwtethmdr ly/ns
and arsil(n+. forevrt•. ,.11 thllse certain IOLA, 1 1
and being ,I New nhore bluff Uo r.JoPeernt, in thr Cnlnty of New IIAnover and State Of NO
rih Caroll
and helot: tatar•• particularly demcribed as follows, to -mitt
being Lots Jcsi BruU:J as ^Uay treatingare, ^b'cr Ifer Nonabs Oila plat made lay J. L. Fleetest,
Civil Cngineer, in April. 1v1U and of record in the Office of the sen;a stem of Deets for New Ilan-
Civil
County. North. Carolina. in Iwok 173, at page 11; the maid lots being a portion of )laaonbore
Ill Off, Subdivision, formerly Chu Strunck 1•rulelrty. i
An Oaseff" t in hereby granted Into. through and over Nasunbury Muff Avenue shorn on said
plat. said Avrnuu bring tL/rLY-1 ire (3$1 feat. in width and running from the )b man uba ro Noad t0
)Iasunboru Soond, alw An easement over Purviancv Av.•nue, hoing thirty -lire 13i) Soot {n tallith
and runni mat from Yurrlanea Creek to Slceden'r Sine, ar shown on raid plat.
h.gr Uu•r with Lite ell,ulx•nlr, rtghtr-of-war and riparian rights apl'urtenanL to tlu• above
described proprrtY, which is all that 1Md which ilea between the high anti low motor marks Of
thwu certain lot, above Jeacri bell.
i'taxonbnro bound and Furvianue Creek contiguous to
rugethar with ell ant rl n!lulOr, Um IanJx+rtlauf•tlLeaconsideration n� Chi srcunv.�Y+nte that
Lrlmtl;ing, or an anyrisu Ig9wertII vg. It ow a p
nuna• of tl:e prelierty herein Alto
l ever ho ILwnoJ ur In any mnnl•r hold by a person or peewee,
ur association, or rurporation of persona of Afriean.birth or drafent.
Anti baing the Osman property convetyrd by Hurray M. Floyd and wife. 16•ttY I loyd, to btlllas
d. Cbi Nhull. Ant. wife, Ethel Clualmis, by dead rewr.lod %orambur l7lb. Iv3J Ln I1nJk 141. at p^
aK
..... ........ ..r at,,. itsnuver County.

sxf Ili rx1 CG
STATE OF NORTH CAROLINA )
S.S.—WARRANTY DEED
_�vu n�.n,r■ COGNTY
THIS INDE\^rURE, Made this 1•r day of_.__.luly. ___ A.D. 19 66_
by and between— Gordan-II_Ca¢phelLnd.rita.Sally.M�Campbell.
County ot_ne.Ulaa.aec ��
State of_W 'th �•*ot+^. , of the Ent part, and.Ime_U,_ and -its_
4uaa1_Lwa of
in the County of___rieu_Ha cox •nd State of__llorth_Cazoliaa
of the second part
WITNESSETA, That the Wd.pert-L&wf the Ent part, for and In consideration of the am of
and other valuable considerations to_t.heel_ In hand paid by the said part ta• of the second
part, the receipt whereof Is hereby acknowledged, have given, [ranted, bargained and sold,
allened and conveyed, and by these presents do ---hereby give, Rant bartaln and sail, alien.
convey and conErm unto the said partiea._of the second part and to__thciL—___helra and
assigns forever, all that certain lot of land situated, lying and being In Muaabarn_T , Ulp_
County of— W, n•^^v.r —and State of North Carolina, bounded and
described as follows, to-wlt:
_ALL oLrhonslotLhaosb.sA deaLe:,ued.aa"naZDraem" _aad_VesJdta.11oaah'_Stt_
1n. .. n,n,..,.1— of tt s^^n^^„ rt ,fr. . .a...,,.00_tba p rrn..aof :.cye.e in
� onk12T_a.t�ege_1LaLthe11rx1leanrnLCau¢[y..H.,_C.,�Res.tetcy�teae c he Lvltlln
„s,lt .a.. �*, ghr.-�:vay«andziP••t•" r+•htaJad_nLlcrland_dascrlbad_
s^A ronvay edin rh, d..d frm "hal M. Chiyhalm'.Ylda{(�.Lo_L^[data A�CeaplltlL_
of

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
IN THE MATTER OF THE APPEAL OF
CAMA MAJOR DEVELOPMENT PERMIT
NO. 131-83 ISSUED TO MR. G. E.
LOWE, JR. FOR MASONBORO BOAT
YARD AND MARINA, INC.
Petitioner hereby EXCEPTS:
NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CM-83-0071
EXCEPTIONS
To the rulings of the Hearing Officer denying
petitioner's objections at page 118, lines 13-14 and 22 and
page 119, lines 8 and 16 and petitioner's motion to strike
at page 119, line 8.
This the 26th day of January, 1984
V"I 04a
iden P. Keno ick

i w:.;.
CER.VIVICATE OF SERVICE
They undersigned hereby certifies that the fore-
going Exceptions _ was
this day served upon the below -named counsel by ( ) mailing,''
postage prepaid, first class mail, (X) personal delivery,
of a copy of each of such instruments to such counsel at the
address shown below:
Robert W. Lehrer
Agency Legal Specialist
P.O. Box 27687
Raleigh, NC 27611-7687
This - ? 6 day of January 19 84
j;
For the Firm
Vaiden P. Kendrick
MURCHISON, TAYLOR & SHELL
16 North Fifth Avenue
Wilmington, NC 28401
Attorneys for G. E. Lowe, Jr.
AnH Masnnhoro Boat Yard and Marina, Inc.

North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary
November 4, 1983
Mr. Glen Wood
Weyerhaeuser Company
Box 1391
New Bern, NC 28560
Dear Mr. Wood:
OFFICE OF
COASTAL MANAGEMENT
Kenneth D. Stewart
Director
Telephone [phone]
Enclosed is background information for the Ed Lowe (Masonboro Boat Yard
and Marina) appeal hearing:.
a) Application for a CAMA major development permit
(file 131-83) dated December 14, 1982, with at-
tached map and plans, officially received by the
Wilmington Office of OCM on 12/14/82;
b) State and federal agency comments regarding said
permit application;
c) Modification of December 14, 1982, CAMA major
development permit application dated June 13, 1983,
with attached map and plans, received by the
Wilmington Office of OCM on 6/15/83;
d) Federal and state agency comments regarding the
modified permit application; and
e) CAMA major development permit No. 131-83 issued -
by the Office of Coastal Management to E. G. Lowe, Jr.
on September 13, 1983.
I understand that Dan Oakley called you this morning to let you know this
information was coming. If you have any questions, please do not hesitate
to call me at 919/733-2293.
Sincerely,
l_GZv�L(iJ �t
Cathey Cottle
Hearing Clerk
/cc
cc: Mr. Dan Oakley
_kr' Bob Lehrer
P O Bo, 27687 Halc i.a. N C 2; 511-76c7

MEMO.
DATE:
TO: SUBJECT:
2r(
�h� Gilt,"
All <,74A-14
' dLae4,�
7
� r
e p.ANFo
North Carolina Department of Natural
Resources &Community Development

i
ii
WILMINGTON INDUSTRIAL DEVELOPMENT, INC.
NOV 9 1983
THE COMMITTEE OF 100 ,^,OMTAG RESOURCES C()MF'
RALPH L. GODWIN POST OFFICE BOX 1698
E.w.twv Director S08 MARKET STREET
WILMINGTON, NORTH CAROLINA 28402
TEL.: [phone]
November 3, 1983
Mr. J. Parker Chesson, Chairman
COASTAL RESOURCES COMMISSION
Post Office Box 27687
Raleigh, NC 27611
Dear Mr. Chesson:
We have reviewed the proposed dredging and construction
project at Masonboro B Yard and Mar' This project will
make a signi icant number of additional boat slips available
to local residents.
The population in New Hanover County is growing rapidly
at almost twice the North Carolina average. Consequently, the
need for boat slips is increasing and that trend is expected
to continue into the indefinite future.
There is no question but that this project will have
some minor adverse environmental impact, but it will simul-
taneously enhance recreational opportunities for our people.
It is requested that the advantages of the project for our
area and our people be carefully evaluated to ensure that the
final decision is in the overall best interest of this area.
Thank you for the attention you are giving this matter
Sincerely,
Ralph L. Godwin
Executive Director
RLG/ph
Copy: Mr. Glen Wood
c/o Weyerhaeuser Corporation
P. 0. Box 1391
New Bern, NC 28560

Book 173
Page 11
w
MASONBORO
50
.'PJTI� .V NORTH CakOL?NA. {sit
COUNTY OP fim, BnNOVElt.
Personally appeared before me
�• 1. lisgland, -cputy Olerk of the uuperior Oourt
in and for the state and coanty aforesaid, J• 1.
Beeten 0, 4. who being duly warn depose" and says r
that the above map is the result of an aotaal survey STRU QS
ads by bio and is oorreot,
18t said soap and this abrtiftolte be recorded.
NAS ard, dky of No . //—
�r� sp ri r QOIA 't.
e
u y
r
I
ii
.. v
A
y