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131-83 Minor Mod 1984 Lowe, G. E.
k Permit Class Permit Number Modification STATE OF NORTH CAROLINA 1 31 —83 Minor Department of Natural Resourcesa and Community Development --a,'nd- Coastal- Resources Commission r P_ It i for Ex-1 Major Development in an=Area=of Enviionmental Concem:pursuant to NCGS 1i3A-1'18 ® Excavation'and orhf ng pursuant to NCGS 113-229 Issued to G. E. Lowe, Jr. (for Masonboro Boatyard and Marina, Inc.), 690 Trails End Rd., Wilmington,NC 28403 authorizing development in New Hanover County at wh i skey Creek as requested in the permittee's application dated 6/ 1 3/83 including attached plats described in plat schedule in Cond. #1. This permit, issued on I �/7�/�/ f tl , 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 pemlittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (I) The project rrust be carried out in keeping with eight (8) plats dated rec. 6/I5/83 including mod. Sheet A of E which deletes dredging at "Oyster Rock" and two boat slips near "Existing Repair Shop"; and three (3) sheets for new marina layout with sheet I of 2 dated "mod. Oct. 23, 1984;1sheet 2 of 2 dated "Sep. 1984" and "Modification of Marina Expansion" or"Mod. C of E" dated Oct. 23, 1984. (Note: Mere there is an apparent discrepancy between plats, the more recent plats apply.) (2) In order to protect juvenile shrirrp populations, no excavation or filling will be permitted between the dates of April I through Septerrber 30 of any year without the prior approval of the N. C. Office of Coastal Management. (3) In order to minimize the loss of oyster resources, those organisms growing with— in the proposed work area trust be relocated to an approved rock under the direc— tion of the OCM and the Division of Marine F,isheries;(re: sheet, " mod. C of E") (4) The completed diked disposal area must be inspected and approved by a represen— tative 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 perrrittee 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 workmust cease when the permit expires on December 31. 1986 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. 1,� GftiurrY 7,/ V &,&&i / David . Owens, s, Director Office of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee G. E. Lowe, Jr ADDITIONAL CONDITIONS Permit #131-83 Page 2 of 2 (5) All excavated materials will be confined landward of the mean high water eleva- tion 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 ade- quate settlement of suspended solids. (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. (9) No marshland will be excavated and/or filled. 0 0) Prior to occupancy of any new slips authorized under this permit, the permittee will perTranentIy equip the marina with a purrp-out facility to service boats With holding tanks. (II) All floating structures, other than boats, used for habitation or commerce (as defined in 15 NCAC 7M .0602) shall be in confonrance with local regulations for on -shore sewage treatment. (12) A locked head policy crust be posted and enforced at the marina. NOTE: It is strongly recommended that the ,permittee exercise all available precau- tions in the day-to-day operation of the facility to prevent sand blasting residue and/or other facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. NOTE: Use of the AIM Federal easement area for disposal of dredged material is at the discretion of the Corps of Engineers and any future maintenance acti- vity utilizing this area must be approved by same. J SfA C OFFICEOF m North Carolina Department of Natural COASTAL MANAGEMENT - ` Resources &Community Development David W.Owens Director m •, James B. Hunt, Jr., Governor James A. Summers, Secretary Telephone 919 733-2293 November 151 1984 Mr. G. E. Lowe, Jr. 690 Trails End Road Wilmington, NC 28403 Dear Mr. Lowe: 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, Parker, Jr. ��V11 JRPjr:jm Pero�its Coordinator R O. Box 27687 Raleigh, N. C. 27611-7687 An Eoual Opportunit y Attirmative Action Emplover United States Department of the Interior FISH AND WILDLIFE SERVICE Division of Ecological Services P.O. Box 25039 Raleigh, North Carolina 27611-5039 NOV 5 1984 WMTAI RESOURCES COMO Colonel Wayne A. Hanson District Engineer U.S. Army Corps of Engineers P.O. Box 1890 Wilmington, North Carolina 28402 Dear Colonel Hanson: November 2, 1984 The U.S. Fish and Wildlife Service has reviewed the following notice and has determined that no significant effects of fish and wildlife are expected to result from the proposed work. Therefore, the Service will not object to issuance of the following Section 10/404 permit. In the event that the cumulative effects of individual projects begin to adversely impact fish and wildlife resources, we may reassess our position and recommend denial of future permit applications for similar projects in these areas. These comments have been prepared under the authority of and in accordance with the provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) which mandates Department of Interior concern for environmental values. Notice No/Date Applicant Due Date C083-N-06 - , October 31, 1984 Please advise this office of any actions taken on this matter. Sincerely yours, Robert E. Noffsinger Acting Field Supervisor ;; I 1 tt+ -j� � ',� 1 ,. � ,, �� � � � � \ � �•, � � ` � 1, � ' � � � � � � �� � � � � � � � � ,. � � �. \ � '1 - � `� ___ .,e � 1 .1 � _ : 1 • .. •� �� _ � �� � 1 � 1 � � •• � � r . � , I � t �. � � � 1 -� ''. I � _ � / � � 1 ' ��� �. , ( � � � � '- � � � • � � �, �� 1 � � �� � � 1 I� • � I � DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX IBSO WILMINGTON. NORTH CAROLINA 28402 IN REPLY REFER TO October 31, 1984 Regulatory Branch SUBJECT: File No. SAWC083-N-065-0193 Mr. Randall P. Cheek National Marine Fisheries Service Post Office Box 570 Beaufort, North Carolina 28516 Dear Mr. Cheek: WINE � NOV 5 1984 COASTAL RESOURCES COW& Reference Department of the Army permit SAWCO83-N-065-0193 issued October 3, 1983, to Mr. Ed Lowe, Masonboro Boatyard and Marina, Inc., which authorized maintenance and enlargement of existing marina facilities on Whiskey Creek and the Atlantic Intracoastal Waterway southeast of Wilmington, New Hanover County, North Carolina. The permittee; by recent letter and plan (copies enclosed); has requested modification of his permit to authorize excavation of an additional area in the southeast corner of the existing marina basin. This area measures 30 feet wide and approximately 180 feet long and was the site of the primary fixed pier which was destroyed by a.storm in September 1984. An additional 1,600 cubic. yards of material would be excavated by hydraulic dredge and deposited in the existing authorized spoil area east of the marina. The purpose of the proposed work is to allow realignment and straightening of the fixed pier during reconstruction. Please review the enclosed plan and provide any comments you may have. Because the contractor is now onsite working on the authorized maintenance excavation, we would like to take final action on this modification request by November 10, 1984. If you have any questions, please contact Mr. Steven Lund, Regulatory Branch, at telephone (919) 343-4634. Enclosures Copy Furnished: fr. John Parker `Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Sincerely, Charles W. Hollis Chief, Regulatory Branch Mr. C. Robert Stroud, Jr. Office of Coastal Management North Carolina Department of Natural Resources and Community Development 7225 Wrightsville Avenue Wilmington, North Carolina 28403 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. Box 1890 WILMINGT.ON. NORTH CAROLINA 28402 IN REPLY REFER TO October 31, 1984 Regulatory Branch SUBJECT: File No. SAWC083-N-065=0193 Ms. L. R. (Mike) Gantt U. S. Fish and Wildlife Service Post Office Box 25039 Raleigh, North Carolina 27611-5039 Dear Ms.. Gantt: IF -�° Ell NOV �5 1984 COASTAL RESOURCES COMM Reference Department of the Army permit SAWCO83-N-065-0193 issued October 3, 1983, to Mr. Ed Lowe, Masonboro Boatyard and Marina, Inc., which authorized 'maintenance and enlargement of existing marina facilities on Whiskey Creek and the Atlantic Intracoastal Waterway southeast of Wilmington, New Hanover County, North Carolina. The permittee, by recent letter and plan (copies enclosed), has requested modification of his permit to authorize excavation of an additional area in the southeast corner of the existing marina basin. This area measures 30 feet wide and approximately 180 feet long and was the site of the primary fixed pier which was destroyed by a storm in September 1984. An additional 1,600 cubic yards of material would .be excavated by hydraulic dredge and deposited in the existing authorized spoil area east of the marina. The purpose of the proposed work is to allow realignment and i straightening of the fixed pier during reconstruction. Please review the enclosed plan and provide any comments you may have. Because.the contractor is now onsite working on the authorized maintenance excavation, we would like to take final action on this modification request by November 10, 1984. If you have any questions, please contact Mr. Steven Lund, Regulatory Branch, at.telephone (919) 343-4634. Enclosures Co y Furnished: John Parker ffice of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Sincerely, Charles W. Hollis Chief, Regulatory Branch Mr. C. Robert Stroud, Jr. Office of Coastal Management North Carolina Department.of Natural Resources and Community Development 7225 Wrightsville Avenue Wilmington, North Carolina 28403 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1880 WILMINGTON. NORTH CAROLINA 28402 IN REPLY REFER TO October 31, 1984 Regulatory Branch SUBJECT: File No. SAWC083-N-065-0193 Mr. Sheppard N.' Moore U. S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Dear Mr..Moore: 111,75- NOV 5 1984 a COASTAL, RESOURCES COMM Reference Department of the Army permit SAWCO83-N-065-0193 issued October 3, 1983, to Mr. Ed Lowe, Masonboro Boatyard and Marina, Inc., which authorized maintenance and enlargement of existing marina facilities on Whiskey Creek and the Atlantic Intracoastal Waterway southeast of Wilmington, New Hanover County, North Carolina. The'permittee, by recent letter and plan (copies enclosed), has requested modification of his permit to authorize excavation of an additional area in the southeast corner of the existing marina basin. This area measures 30 feet wide and approximately 180 feet long and was the site of the primary fixed pier which was destroyed by a storm in September 1984. An additional 1,600 cubic yards of material would be excavated by hydraulic dredge and deposited in the existing authorized spoil area east ofthe marina. The purpose of the proposed work is to allow realignment and straightening of the fixed pier during reconstruction. Please review the enclosed plan and provide any comments you may have. Because the contractor is now onsite working on the authorized maintenance excavation, we would like to take final action on this modification request by November 10, 1984. If you have any questions, please contact Mr,. Steven Lund, Regulatory Branch, at telephone (919) 343-4634. Enclosures CoIy Furnished: IJohn Parker Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Sincerely, Charles W. Hollis Chief, Regulatory Branch Mr. C. Robert Stroud, Jr. Office of Coastal Management North Carolina Department of - Natural Resources and Community Development 7225 Wrightsville Avenue Wilmington, North Carolina 28403 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT. CORPS OF ENGINEERS P. O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402 September 19, 1984 IN REPLY REFER TO . Regulatory Branch SUBJECT: File No. SAWC083-N-065-0193 Mr. E. G. Lowe Masonboro Boatyard and Marina, Incorporated 690 Trails End Road Wilmington, North Carolina 28403 Dear Mr. Lowe: RQ SEP. 24 1984 COASTAL RESOURCES COMM. Reference your permit for a Department of the Army permit to maintain marina facilities on Whiskey Creek and the Atlantic Intracoastal Waterway (AIWW), southeast of Wilmington, in New .Hanover County, North Carolina, and your modified State permit, No. 131-83, issued August 13, 1.984. Your proposed modification has been reviewed and found to be consistent with the provisions and objectives of general permit No. SAWC080-N-000-0291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authori- zation or conditions of the general permit could result in a violation of Federal law. If any other change in your work is required because of unforeseen or altered conditions 'or for any other reason, plans revised to show the.change must be sent promptly to this office and the N. C. Office of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Steven Lund, telephone (919) 343-4634. Sincerely, Charles W. Hollis Chief, Regulatory Branch Enclosure G -2- Copies Furnished with copy enclosure: Director, Atlantic Marine Center National Ocean Survey, NOAA ATTN: CAM04, 439 W. York Street Norfolk, Virginia 23510. Mr. John Parker Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Mr. Cecif Madden Water Quality Section Division of Environmental Management North Carolina Department of . Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611 Mr. Preston Pate Morehead City Regional Office North Carolina Office of Coastal Management Post Office Box 769 Morehead City, North Carolina 28557 Ms. L. K. (Mike) Gantt U. S. Fish and Wildlife Service 310 New Bern Avenue Raleigh, North Carolina 27601 Mr. Randy Cheek National Marine Fisheries Service, NOAA Post Office Box 570 Beaufort, North Carolina 28516 Mr. Sheppard N. Moore Environmental Review Section Environmental Assessment Branch U. S. Environmental Protection Agency 345 Courtland Street, N. E. Atlanta, Georgia 30365 Mr. C. Robert Stroud, Jr. Office of Coastal Management North Carolina Office of Natural Resources and Community Development 7225 Wrightsville Avenue -Wilmington, North Carolina 28403 le PROP OF: DENNIS O'SULLIVAN +�<^y P.O. BOX 643 M.H1V.st3.8 WILMINGTON,N.C. + /%%% EXIST. FLOATING DOCK [EXIST. PIER �. � Il�liib,. 1 M.L.W.s0.0 cc�� NEW ' DREDGING 8o x 2P0', a 00 �rNEW-zoo' 4p`x2oo'af a.. M.H.W.x+38 Ar NOTE � + APPROX 3GS00 C.Y, WILL BE + REMOVED V HYDRAULIC DREDGE AND PLACED ON SPOIL AREA. \ VICINITY MAP AND SPOIL AREA PLAN SCALE: I°■ 400' FROM AERIAL PHOTO SPILLWAY WITH STILLING BASIN NN Au • ,a L •'• �1 s " IN F h1,H v7 ,+ .. RETAINING DIKE SET BACK FROM M.ki W. AND GRASS ' •"' LINE 10 MIN, 76 SITE = 2-MILES S.H.C.. NEW HANOVER R0 2 MAP y � o a"' "• MARINA EXPANSION /„' '' �• ""• '"' MASONSORO BOAT YARD INC. •' 609 TRAILS END ROAD WILMINGTON, N. C. AUGUST, 1982 ,,,• REVISED MAY 1983, CHANGED NEW DREDGING SHEET I OF g EXISTING REPAIR SHOP -TIE PILE , $O L To EXI TING P is aSIN� I I � 4± ANEW 'PIER-5 WISE, SECTION - A II SCALE: I"s 20' 4` R/w 10 VARIES lS90' + Z ?._ to A.I.W.w. ' NEW DREDGING � v i � 1 O 6EXISTING PIER s+7.8$ I RAp,P_Ew PIER NEW FLOATING DOCKS7.8+ +0. M,L.Wol _Q.0 II00 H D W7CICU7 TO —6.0 (ORIGINAL PROJECT DEPTH, �I 11 SAWKS 74-65-23-055 1 (Vole SECTION B - B (VOID) y SCALE: T'x 20' YSARINA EXPANSION MASONBORO BOAT YARD INC. 609 TRAILS END ROAD WILMINGTON, N. C. AUGUST, 1982 REVISED MAY 19831 ADDED PIER a.DOCK SECT. A -A SHEET 3 OF 5 VOID SECT. B—B A.I.W.W. SIDE SPILLWAY PINED OVER GRASS M.H.W. OR EDGE Ip' SPOIL AREA VARIES OF GRASS TOP DIKEstI2.0 SPILLWAY STILLING BASIN SPOIL PIPE M.H.W. = t 3.8 -•�-��+Q .. • • • EXIST. GROUND LINE TYPICAL SECTION THRU SP OA iL REA NOT TO SCALE ,PROPERTY LINE 100 T _ _ _ I _ i 100• + , EXIST. CHANNEL 60, MGINTEN4IJCE DRE4GIN(„ + 1.5 NL H.W.: 3.8' _ M.L.W. = 0.0' _ 3. 0 + o (M.L.W.) NEW FLOATING DOCK -8.0 (ORIGINAL PROJECT DEPTH, SAWKS T4-65-23-065) !4 -' IJOY 12EQUEhTEC I1JGLl�C�NG(. SECTION 'C-C V 1'=20'H,I `2' 'V - REVISED MAY 1983 DELETED NEW DREDGING FROM SECT. C-C A � v G N Z 'Q O SOUND SIDE j o _ O DIKE 10 M.H.W. OR EDGE OF GRASS .. :... ... •.:•::. M.H.W. ISO' F -0&-r1%aG DOCI[ MARINA EXPANSION MASONSORO BOAT YARD INC. 609 TRAILS END ROAD WILMINGTON, N. C. AUGUST, 1982 SHEET 4 OF 5 ■ I L.W_o.O- FLoW — oIZIGINdL Nay,/ DLZEDCa I NG TO -61 RE-c�uBs-f OLD PIE2—+i a To Be OD PfeR I' L To i3C McPPIReD NEW G 0 a Z x MAIIJTE!JANGE �X�h�� -a m PLAN (WEST END AT REPAIR SHOP) SCALE: I" - 50, 50 O 50 Tc 4014'C 49m&.� Ex 15T. REPAIR sp'Op A ft G r BULIC4lepp Ili •T��, OFFICE oc.Cv, ;(AL MG .II�i:cJi U:{ C. 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 PLAN REPAIR SHOP TO SERVICE DOCK SCALE: I°= 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 82 199 6XV2T. FIXED Doc.K. To Pa Tong Dow rA- (srawice C�ocxK �wxici . CoYERED 5row-bGE New gruDbr ING DocK SYSTEM '' U /18 �0 PLAN (EAST END AT SERVICE DOCK) SCALE; I"c 50' 50 0 50 Te A./..WW EBB =o.o +o.s •L.W.n o. T +o.t ® C3 V N ¢ O O FE C- J_ $ LL O 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 sa.lao I5A.P-- � L.W.=0.o roe->EXI TI MG.1NT61Jd1JGE I 3 PLAN (TO A. I. W.W. ) SCALE: I "= 50' .50 0 50 2r�1 i i� rn 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 TIE PILE BXIhT. FIXED Dock To PEE 12HM o V EO � EXIST. aarTom = POCKING 50 401 Doc KINC* 1 J.GG miS GUIDE PlL.taza ,',filE PILE 6YI NCa GK II II II II SECTION B- B SCALE: I"= 20' HORIZ. 10' VERT. E7CIST. 5ar-ToM =}o.5 CUT To -8.0 MARINA EXPANSION MASONBORO BOAT YARD INC. 609 TRAILS END ROAD WILMINGTON, N.C. SUN i 1983 MAY 1983 SHEET E OF E OFFICE OF COASTAL M©T. SUPPLEMENT TO 5 SHEETS DATED AUG 82 WILMINGTON, K. OFFICE OF COASTAL MANAGEMENT Field Services Section 7225 Wrightsville Avenue Wilmington, N.C. 28403 (919) 256-4161 M E M O R A N D U M TO: John Parker `nh� FROM: Bob Stroud `u SUBJECT: Plats for Ed Lowe DATE: July 18, 1984 The enclosed plats are for the permitted work for Ed Lowe. Sheet A of E in the supplemental information includes the modification which deletes the oyster rock removal in the main channel. This was agreed to based on the hearing. Ed Lowe is agreeable to this change. If you have questions, please advise. BS/sbm Enclosures DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 December 10, 1984 IN REPLY REFER TO Regulatory Branch SUBJECT: File No. SAWC083-N-065-0193 Mr. E. G. Lowe Masonboro Boat Yard and Marina, Inc. 690 Trails End Road Wilmington, North Carolina 28403 Dear Mr. Lowe: WLC 17 1984 COASTAL RESOURCES COMM. Reference the Department of the Army permit issued on September 19, 1984, and your written request of October 5, 1984, for a permit modification to excavate a shoal in the southeast corner of the existing marina basin and rearranged boat docking facilities at property adjacent to Whiskey Creek and the Atlantic Intracoastal Waterway southeast of Wilmington, New Hanover County, North Carolina. The permit is hereby modified to include the work as shown on the enclosed plan. It is understood that all conditions of the original permit remain applicable and that the expiration date is unchanged. BY AUTHORITY OF THE SECRETARY OF THE ARMY: Wayne A. Hanson Colonel, Corps of Engineers District Engineer Enclosure -2- Copies Furnished with enclosure: Director, Atlantic Marine Center National Ocean Survey, NOAA. ATTN: CAM04 439 West York Street Norfolk,.Virginia 23510 Mr. John Parker Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Office of Coastal Management North Carolina Department of Natural Resources and Community Development Post Office Box 769 . Morehead City, North Carolina 28557 0W 5p oro 4�nlxt iN Ktc7 �'-rT TTTTT \41=po MODIFICATION OF MARINA EXPANSION MASON BORO BOAT YARD INC. 609 TRAILS ENO ROAD WILMINGTON, N.C. OCT. 19 84 TYPICAL SHED SECTION A -A I DRCD�'a1hYa P.�C�UC-�3ltp 11UX"OVEELP-D 6LaSiN A Ili j� SECTION B-B (THROUGH ADDITIONAL DREDGING.) MODIFICATION OF MARINA EXPANSION.., MASONBORO BOAT YARD INS+ 609 TRAILS ENDROADI WILMINGTON, N.C. SEP. 1984 SHEET 2 OF 2 . _ MWI 3-V5 JAIaGE pSZC—DGE +I N N Ois�ta , -0 M FLOVI — Im otzlGlNtiL 1.1oW ��/ 16 DQED41 NGI TO 41 REquEST �a - {.1015T laRe4 EXIST• O L.W.=o.o tl �IIL�� To Be OLD PIMP- -0 N Six IL _ Q Re?,9- d _ Tee _ EX15T. A lll r vo. RBP.&IR ono plem A New PIER SF1oP To FSe RePA1Q0D 1 _ 1 I 0 W t loq� CL 2 OFFICE OF COASTAL MG- 0, o. PLAN (WEST END AT REPAIR SHOP) MARINA EXPANSION 0 SCALE: I"= 50' MASONBORO BOAT YARD INC. 0 50 0 50 609 TRAILS END ROAD WILMINGTON, N.C. MAY 1983 SHEET A OF E Mods letl b O.C,M. SUPPLEMENT TO 11.13f c+- as pew 5 SHEETS DATED AUG 82 Ed Lowe, letloeKof 11-9-84 6X 121. ED[�E of IinSIN '(� CIISNISE:L-�� C �o r haw / e` e 7FOG -eP Flew RXC LAYOJT I / ,10 fuMTofP1- ti� (coo t cy mol-tlOs.�•L DREDGIWCz I i' L`� ' MODIFICATION OF MARINA EXPANSION MASON BORO BOAT YARD INC. 609 TRAILS END ROAD WILMINGTON, N.C. SfP--1984 SHEET I OF 2 Moo. ©c7 23!1 l964 TYPICAL SHED SECTION A -A uw=+4.o -- �o—ol — ALMOV-17.S0 5eSI0 I ��� II �! I II SECTION B-B (THROUGH ADDITIONAL DREDGING) t--IOT To SGOI_E D12QMIW= RtQUW:l1tD WtL\'/ 00014(--L�V4IDEf) MODIFICATION OF MARINA EXPANSION MASONBORO BOAT YARD INl 609 TRAILS END ROAD WILMINGTON, N.C. SEP. 1984 SHEET 2 OF 2 TT TTT TT T TTTTTTTT TTT TTTT TTTTTT TTTTTT TTTTT � O C O��yy v i oy s.4,ws 40 � a s A, - • Re1o�t-'' e C o vc * 3 • 7 /�- 7 e • e e e 7 y jj'WIDE:. �� MODIFICATION OF Xa1t�1G M�DI�IC/�TION ��lnacL. G MARINA EXPANSION MASONBORO BOAT YARD fNC. 609 TRAILS END ROAD WILMINGTON, N.C. OcT 23 "e4 K�il.ce IN KE'tT � - r a RE: NC 131-83 SAW C083-N-065-0193 Masonboro Boat Yard, Inc. 609 Trails End Road Wilmington, N. C. 28403 Department of Natural Resources and Community Development 7225 Wrightsville Avenue Wilmington, N. C. 28405 I request that my permit be modified to authorize the additional work by the enclosed plans. The property on which the work is located and/or which is adjacent to the water area affected by the work is owned by me. The recent hurricane "Diana" destroyed our existing covered boat sheds and attached fixed docks. Since I must completely rebuild the facilities, I am requesting additional dredging (+ 600 cy) that was approved in my. ? first original permit SAWKS #40-69 dated July 3, 1969 and a new docking alignment that will enable me to have a more manageable marina area.. I foung myself in the position of being financially unable to do this original dredging at the time and the layout of the marina did not require it then. The proposed alignment is within the present permit limits with the exception of an area 15' x 1701, which is the section that was approved in my original permit, that requires removal by dredging in order for our stationary dock to be serviceable. Sincerely, Q GCE. Lowe enclosures '- " P Nov 13 1984 COASTAL RESOURCES COMM. / MASONBORO BOAT YARDS 609 TRAILS END ROAD, WILMINGTON, N.C. 28401 November 9, 1984 Mr. John Parker, Permit Officer Office of Coastal Management P.O. Box 27687 Raleigh, NC 27611 Dear Mr. Parker: INC. • Phone (919) 791-1893 In early October we contacted Mr. Bob Stroud of your Wilmington Field Office, with a proposal to modify expansion plans previously authorized by CAMA Permit No. 131-83. Accompanying this proposal were several drawings dated September 1984. The specific request was to dredge a portion of oyster bank 15' x 170' in size (2550sf), to facilitate layout of new docks. We understand that you feel this constitutes an increase in "new dredging" over that allowed in our permit; and that such at, increase is unacceptable. We propose to offset this 2550 sf by deleting an area of comparable size (already authorized by the permit) in a different location. To be specific, we would elimidate an area of 30' x 60' (2400 sf) which we had intended to dredge behind our repair shop. This area comprises two boat slips and their accessway as shown on a drawing labeled "May 1983, Sheet A of E. Supplement to 5 sheets dated August 82,11which is a part of Permit No. 131-83. The slips mentioned are the two southernmost as shown on the drawing. We hope that this will be a satisfactory compromise; permission to do this would certainly facilitate lay -out and construction of our docks. And, as always, we're in a rush! Anything you can do to expedite this request will be greatly appreciated. Sincerely, MASONBORO .. BOAT�YRD lUeIRINA, INC. Gc ELowe, Jr., President gel/sll OFFICE OF COASTAL MANAGEMENT OCT 24 1984 Field Services Section 7225 Wrightsville Avenue COASTAL RESOURCES CONIM, Wilmington, NC 28403 (919) 256-4161 M E M O R A N D U M TO: John Parker FROM: Bob Stroud V�to SUBJECT: Minor Modification to Permit #131-83 E. G. Lowe (for Masonboro Boatyard and Marina, Inc.) DATE: October 19, 1984 The attached plans represent a request by Mr. Lowe to to slightly modify the configuration of his basin in order to straighten out the southeast corner of the basin. This area is approximately 15' wide x 200' long. Due to the shape the area is approximately 2,.500,sq.,ft. The proposed excavation would disturb a small oyster rock'. I have checked the area with Rich Carpenter, Division of Marine Fisheries, concerning the site and the oyster rocks. He has no objections to the new excavation and recommends that the oysters be relocated to the rocks in Whiskey Creek just north of the existing marina basin. Hurricane Diana devastated his existing marina. Therefore he has pro- posed the new dock plan as shown on Sheet 1 of 2. This plan does not enlarge the basic marina design and the total slip number is the same as the recently permitted amount (105). I have discussed this plan with Charles Jones and Preston Pate. Upon their advice and guidance we recommend that this request be handled as a minor modification. We recommend that in addition to the original conditions the following additional condition be added: In order to minimize the loss of oyster resources those organisms growing within the proposed work area must be relocated to an approved rock under the direction of the 0 C,M Division of Marine Fisheries.. If there are any questions concerning the above, please advise. BS/sbm cc: Charles Jones �l 6X1�aT. EbCjE OF P�/„oW 4 GNANNF:1- w 41 C p/ pRc IS \''may N � ��i�• `'C � �� ' ,�,� Y° y •/ r � enr•.0 1 d r' d d w' 3 '• i' ' �NWW DaoqYAR(7 f ~FV4WP WBW L kakYA T j • 40 /000±cY eoocr�oue.� O¢Eo61aG I ; {j/r / / MODIFICATION OF MARINA EXPANSION MASON BORO BOAT YARD INC. 609 TRAILS END ROAD WILMINGTON, N.C. STEP--t964 SHEET I OF 2 MOP. ©a 231 1164 �;: . _.�"+as?l1f{q•'4�,'s'#H,ii»'�,°'A.;�. *�n.°r2N / i 'T'l" �—•TT TT �T'TTTTTT T'"'T'TTT TTTT Tp TTTTT TT T'TTT TYTTT "_ 1. .j • o Qp! l O • 0 7 lL�sC, IER�i7 Wlpt MOQIFICATION 0p, uW=+3e DRE�c,1NG.MoDt�lcbTloN MARR•INA .EXPANSION MASONGORO BOAT YAAb mc. 609 TRAILS ENDROAD gc16T LK41L4p WILMINGTON, N.C. bGT -Z3 44 EL L\Aj= CD 4D SECTION B-B - (THROUGH ADDITIONAL DREDGING.) MODIFICATION OF MARINA EXPANSION:,., MASONBORO BOAT YARD INC? 609 TRAILS ENDROAD.1 WILMINGTON, N.C. SEP. 1984 SHEET 2 OF 2 OFFICE OF North Carolina Department of Natural COASTALMANAGEMENT Kenneth D. Stewart Resources &Community Development Director James B. Hunt, Jr., Governor Joseph W. Grimsley, Secretary Telephone 919/733-2293 September 15, 1983 Certified Mail Return Receipt Requested Mr. E. G. Lowe Masonboro Boatyard Marina, Inc. 609 Trails End Road Wilmington, NC 28403 Dear Mr. Lowe: This letter is with reference to your request for a Coastal Area Management Act (CAM&) Major Development Permit and a State Dredge and Fill Permit to expand the marina basin at the Masonboro Boatyard and Marina site at Whiskey Creek in New Hanover County. Processing of your application, including onsite investigation and/or plan review by cooperating state and Federal agencies, is now complete. Based on this review this office has made the following findings: 1) Whiskey Creek is classified by the Division of Marine Fisheries as a primary nursery area (Re: 15 NCAC 3B .1400), 2) the entire marina area including the area of open shallow water proposed to be excavated under the expansion is located in the Whiskey Creek nursery area, 3) the area of new work, i.e., the proposed expansion is .59 acres in size, 4) excavation to a depth that would accomodate large pleasure boats, i.e., approximately -8' MLW constitutes a permanent loss to the shallow water nursery system, 5) the proposal is inconsistent with Coastal Resources Commission Rule NCAC 7H .0208(b)(5)(A) which states that marinas requiring dredging shall not be located in primary nursery areas. Based on the foregoing findings, it is necessary that your request for marina expansion by excavation be denied.. This denial is pursuant to N. C. G. S. 113-229(e)(5) which provides for denial if it is found that the project will have an adverse impact on marine resources; and N. C. G.1S...113A-120(8) which requires denial should it be found that the proposal is inconsistent with state guidelines and once it is determined that a permit under 113-229 would be denied. P. O. Box 27687 Raleigh, N. C. 27611-7687 An Equal Opportunity Affirmative Action Employer Mr. E. G. Lowe Page 2 September 15, 1983 Maintenance permit #131-83 could be issued to you on September 13th : because the active marina area of Whiskey Creek had'been previously altered. Coastal Resources Commission Rules provide for a case -by -case decision on such maintenance requests. Even though that work can be carried out,the permit nevertheless includes several nursery area safeguards such as the . summer dredging moratorium. The,area designated as new work to which this denial applies retains the characteristics of unspoiled nursery habitat and provides that function, so vital to the overall welfare of the Whiskey Creek system. If you wish to appeal this action, you are entitled to a quasi-judicial hearing before the Coastal Resources Commission as provided by the Coastal Area Management Act. Request for a hearing must be'submitted in writing within twenty (20) days of the date you receive this letter. Mr. Ralph Cantral, Chief of the Implementation and Enforcement Section at 733-2293, is available to discuss the appeal procedure with.you. incerely, scot Kenneth D. Stewart KDS/aw cc: Mr. Peter Tweedt U. S. Dept. of Commerce Washington, D. C. Lt. Colonel Wayne A. Hanson Corps of Engineers Wilmington, NC R :i