98-16 NC Wildlife Resources Commission

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
98-16
Issued to NC Wildlife Resources Commission, 1722 Mail Service Center, Raleigh, NC 27699
Authorizing development in New Hanover/Brunswick Counties at the Cape Fear River, at Ferry Slip and South
Pelican Island , as requested in the permittee's application dated 6/22116, incl.-attached
workplan drawings (2), CN110 and CNl 11, both dated 6115116.
This permit, issued on September 8, 2016 , 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 terns may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Bird Island Renourishment
1) This permit authorizes only the renourishment and enlargement of the two existing islands, Ferry Slip
and South Pelican, to the extent that neither becomes larger than seven acres. Unless altered herein,
all work shall be done as expressly and specifically set forth in the permit application and as depicted
on the attached workplan drawings. This permit does not authorize the construction of any new
islands. —
2) The material used to renourish the islands will be clean and free of any pollutants except in trace
quantities.
3) No vegetated wetlands will be excavated or filled.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2019
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Caroliva Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton . Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pernittee

NCWRC Permit No. 98-16
Page 2 of 3
ADDITIONAL CONDITIONS•
4) No excavated or fill material will be placed in any surrounding waters outside of the alignment of the fill
area indicated on the workplan drawings.
5) At least one week prior to the initiation of any excavation and/or spoil disposal activities authorized by
this permit, the permittee shall contact the Division of Marine Fisheries, Shellfish Sanitation and
Recreational Water Quality, at [phone] to determine if temporary shellfish closures or swimming
advisories are required.
Erosion & Sedimentation Control
6) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
U.S. Army Corps of Engineers Conditions
7) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant shall
implement the U.S. Fish & Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements within. The guidelines can be found at:
hM://www.fws.gov/nc-es/maminal/manatee guidelines.pdf.
8) In order to protect juvenile finfish and other aquatic resources, no filling activities will be permitted
between the dates of April 1 st and September 30th of any year without the prior approval of the North
Carolina Division of Coastal Management and the U.S. Army Corps of Engineers.
9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the
U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information,
the permittee should contact the U.S. Coast Guard Marine Safety Office at [phone].
10) The authorized activity must not interfere with the public's right to free navigation on all navigable
waters of the United States. No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work for reason other than safety.
11) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner
as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of
waters or wetlands.
12) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.

NCWRC
ADDITIONAL CONDITIONS
General
Permit No. 98-16
Page 3 of 3
13) The permittee understands and agrees that, if future operations by the United States requires the removal,
relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice
from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby,
without expense to the United States or the state of North Carolina. No claim shall be made against the
United States or the state of North Carolina on account of any such removal or alteration.
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
15) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
NOTE: Future development may require a modification of this permit. Contact a representative of the
Division at [phone] prior to the commencement of any such activity for this
determination. The permittee is further advised that many non -water dependent activities are not
authorized within 30 feet of the normal high water level.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action ID No. SAW-2003-
00466.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. DWR-
16-0663.
NOTE: An application processing fee of $475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
North Carolina Wildlrfe Resources Commission
Colonial Waterbird Islands
Applicant 1: First Name
MI
Last Name
Gordon
N/A
Myers
Applicant 2: First Name
MI
Last Name
Dave
H
Allen
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
1722 Mail Service Center
WA
Raleigh
NC
ZIP
Country
Phone No.
FAX No.
276991700
USA
252 - 448 -1546
ext. N/A
N/A -
Street Address (if dd/erentfrom above)
City
State
ZIP
N/A
N/A
WA
N/A -
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Audubon North Carolina
Agent/ Contractor 1: First Name
MI
Last Name
Walker
N/A
Golder
Agent/ Contractor 2: First Name
MI
Last Name
N/A
N/A
N/A
Mailing Address
PO Box
City
State
7741 Market Street Unit D
N/A
Wilmington
NC
ZIP
Phone No. 1
Plane No. 2
28411 9444
910 - 686 - 7527 ext.
N/A — ext.
FAX No.
Contractor #
910 686 7587
N/A
Street Address (A different from above)
City
State
ZIP
N/A
N/A
N/A
N/A -
Email
[e-mail]
RECEIVED
<Form continues on back> JUL 0 5 2016
eEfVEE)
DCM WILMINGTON, NC
DCM- MHD CITY JUN 2 4 2016

Form DCM MP-1 (Page 2 of 5) APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover Brunswick
Cape Fear River near Ft. Fisher (no street address)
N/A
Subdivision Name
City
State
Zip
N/A
N/A
NC
N/A -
Phone No.
Lot No.(s) (if many, attach additional page with list)
N/A - N/A - N/A ext N/A
N/A, I I ,
a. In which INC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
Cape Fear River
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Cape Fear River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
[]Yes ®No
work falls within.
N/A
4. Site D"ediptlon
a.
Total length of shoreline on the tract (R.)
b. Size of entire tract (sq.ft.)
1,850 Ferry Slip; 2,130 South Pelican
548,856 (will be returned to previoulsly perm tted 609,840)
c.
Size of indiMusl lots)
d. Approximate elevabon of tract above NHW (normal high water) or
Ferry Slip: 5.6 acres, South Pelican: 7 acres,
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
12' ®NHW or ❑l
e.
vegetation on tract
Spartina patens, Panicum spp., Eremochloa ophiuroides, Phragmites spp., Phytolacca amencana, Spartina alterniflora, and
other low grasses and non -woody vegetation
f.
Man-made features and uses now on tract
None.
g.
Identify and describe the existing land uses adlacent to the
proposed project site.
Conservation, Water -based recreation
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Water, Conservation
(Attach zoning compliance certificate, if applicable)
®Yea []No [_]NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA
It yes, by whom?
RECEIVED Tidewater Atlantic Research. An
assessment was done; however,
the report cannot be found in the
J U L 05 2016
U.S. Army Corps of Engineers
records so 4 is not attached. The
original 1982 Environmental
M H D CITY
DCM- Assessment for this project
describes cultural resources in the
area and why, beca the islands
EE D
252-808-2808 .. 1-888.4RCOAST ,. www.nccoastalmanagement.net ON, NC
JUN 242016

Form DCM MP-1 (Page 3 of 5) APPLICATION for Ih'
Major Development Permit
consist of previously dredged and
deposited material, this project
would not have an impact on
archaeological or other cultural
resrouces. The EA is avilable as an
appendix in this application's
Project Narrative.
I. Is the proposed project located in a National Registered Historic District or does d involve a ❑Yes SNo ❑NA
National Register listed or eligible property?
<Form continues on next page>
m. (i) Are there wetlands on the site?
(it) Are there coastal wetlands on the site?
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
None
o. Describe existing drinking water supply source
None
p. Describe existing storm water management or treatment systems
None
®Yes ONO
SYss ❑No
❑Yes SNo
5. Acdvldes and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial SPublkJGovemment
❑Pftvats/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Sand from the Cape Fear River navigational channel will be dredged by the U.S. Army Corps of Engineers to maintain the
navigable shipping channel of the Cape Fear River. The dredged sand is proposed to be placed on adjacent dredged -
materials islands, as has been done several times since the early 1980s. Replenishment of sand on Ferry Slip and South
Pelican Islands, both of which were constructed of dredged sand, will restore nesting habitat for colonial waterbirds and
shorebirds. Sand will be placed on the islands using the control of effluent method to reduce runoff and direct the effluent
away from emergent marsh (South Pelican Island only). The sand will then be graded to the appropriate contours. This
method has been used successfully on previous habitat restoration projects on these islands.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where 4 is to be stored.
Sand will be pumped onto the islands using a pipeline dredge. A barge will deliver 1-2 bulldozers which will be used to grade
and contour the deposited sand. Equipment will be stored on the islands as long as needed, and removed as soon as the
project has been completed.
d. List all development activities you propose. E
None
JUL 05 2
e. Are the proposed activities maintenance of an existing project, new work, or both?
Maintenance DCM- MH
f What is the approximate total disturbed land area resulting from the proposed project? 14 ❑Sq.Ft or ®Acres
ED
CITY
RECEIVED
DCM WILMINGTON, NO
252.808-2808 .. 1-888-4RCOAST .. www. ncc oastalmanagement. net r""
JUN 2 4 [uIg

ifz'
Form DCM MP-1 (Page 4 of 5) APPLICATION for
Major Development Permit
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ENo ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Control of effluent is standard practice for depositing dreged sand on these islands and will be used to direct sand to the
most appropriate locations on the islands and to prevent it from flowing uncontrolled over the island. Effluent will be directed
to the channel side of the islands. Control of effluent and silt fencing will prevent material from entering marsh on South
Pelican Island.
1. We wastewater or stormwater be discharged Into a wetland? Dyes ENo ❑NA
If yeswill this discharged water be of the same salinity as the receiving water? ❑Yes ❑No RNA
r�*O:ny mitigaton proposed? ❑Yes RNo ❑NA
ttach a mitigation proposal.
<Forrn continues on back>
S. Additionallnformation
In addfbn to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
Package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
Proposed project. Is any portion already complete? if previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is suffider8ly, detailed to guide agency personnel unfamiliar with the area to the site.
it. A copy of the deed (w(th state application only) or other instrument under which the applicant claims title to the affected properties.
a. The appropriate application fee. Check or money order made payable to DENR.
f. A Fiat of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name N.C. Coastal Reserve and National Estuarine Research Reserve Phone No. 910-962-29M
Address 5600 Marvin K Moss Lane, Wilmington, NC 28409
Name Military Ocean Terminal Sunny Point . Plane No. 910457-8425
Address 6280 Sunny Point Road, Southport, NC 28461-5000
Name a Kt / I car.
Phone No. 9to-4S'7- iS3
Addre spo Born Jo`i29, $µr+, M4 2Y461
g. A list of previous state or federal permits lowed for work on the project tract. Include permit numbers, permlftee, and issuing dates.
State Permit #126-91, NCWRC, 19 SepL 199t State Permit $45-03, NCWRC, 1 April2003
h. Signed consultant or agent authorization form, if applicable. JUL 0
1. Wetland delineation, If necessary.
J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) M H D C
k. A statement of compliance wittth the N.C. Environmenml Policy Act (N.C.O.S. 113A 1-10), it necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
�. Leriirn o In ana renmssfon to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
Y
RECEIVED
DCM lAlli AA1 GTON, NC
252-808.2808 .. 1.888-4RCOAST ., www.ncconstalmanagement.net r„l,�
JUN 2 4 1 in

W-
Form DCM MP-1 (Page 5 of 5) APPLICATION for
Major Development Permit
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the hest of my knowledge.
Date 22 June 2016
Print Name Walker Polder
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
252-808-2808 .. 1-888.4RCOAST .- www.ncc oastalmanagement. net r^"
JUN 2 4 tulo

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet
Access
Other
Cnl
Channel
Chan el
(NLWBreakwater
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
shoreline
NWL
stabilization
Excavated
material to
come from
adjacent
Length
federal
project,
Wilmington
Harbor
channel
maintenance.
Width
Avg. Existing
Depth
NA
NA
Final Project
Depth
NA
NA
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in
cubic yards.
Up to 200,000 from Wilmington Harbor project,-86,000 would go
to South Pelican and Ferry Slip islands
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL SNone
(ii) Describe the purpose of the excavation in these areas.
Maintenance of navigational channel as pan of federal
navigation project.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
Lower Cape Fear River on Ferry Slip Island and South
Pelican Island (see location map)
C. (1) Do you claim title to disposal area?
Elves ❑No ❑NA
(if) If no, attach a letter granting permission from the owner
e. (t) Does the disposal area include any coastal wetlandsimarsh
b. Type of material to be excavated.
sand
d. High -ground excavation in cubic yards.
0
d.
RECEIVED
JUL 05 2016
DCM- MHD CITY
❑This section not applicable
Dimensions of disposal area.
7 acres per island
(i) Will a disposal area be available for future maintenance?
SYes ❑No ❑NA
(it) If yes, where?
Both islands would be available for future disposal.,
t -Fz VED
WILMINGTON, NO
Does the disposal include any area in the water?
"
252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.n_et revised: 12/26106 10

Form DCM MP-2 (Excavation and Fill, Page 2 of 3)
(CM, submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(it) Describe the purpose of disposal in these areas:
Disposal of fill in these areas will provide nesting habitat for
Royal Terns, Sandwich Terns, Gull -billed Terns, American
Oystercatchers, Brown Pelicans, and other species of birds.
®Yes ONO ❑NA
(ii) If yes, how much water area is affected?
1.4 acres of intertidal area
❑Bulkhead ❑Ripmp ❑Breakwater/Sill ❑Other Width.
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL
e. Type of stabilization material. f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number o1 square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill Other
I Source of fill material.
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the she? SYes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed in the water 0 CY
(iii) Dimensions of fill area 7 acres per island excluding
marsh on South Pelican Island
(iv) Purpose of fill
Fill will provide nesting habiat for Royal Terns, Sandwich
Terns, Gull -billed Terns, American Oystercatchers, Brown
Pelicans, and other species of birds.
& GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Material will be contained using the control of effluent method and
silt fencing.
C. (i) Will navi stional aids be required as a result of the project?
❑Yes DgNo ❑NA
(ii) If yes, explain what type and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB _
OWL SNone
(ii) Describe the purpose of the fill in these areas:
RECEIVED
DCM- MHD CITY
b. What type of construction equipment will be used (e.g.,
backhoe, or hydraulic dredge)?
Pipeline dredge, bulldozer
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA RECEIVED
(ii) If yes, explain steps that will be taken to"i)I{"t"NGTON, NC
II IN 9 d iilin'
252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmananement.net revised: 12126106

Form DCM MP-2 (Excavation and Fill, Page 3 of 3)
er-
environmental impacts.
22 June 2016
Date
Colonial Waterbird Islands
Project Name
Audubon North Carolina for NC Wildlife Resources Commission
ApplicZolke—r—
Applicimte
Sign u z
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
JUN 2 4 L 10
252.808-2808 :: 1-888-4RCOAST :: w .nccoastalmanagcmeid.net revised: 12I28/08

(A"
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
Figure 1. Location map of Ferry Slip and South Pelican Islands on the Lower Cape Fear River.
Royal Terns, Sandwich Terns, and Gull -billed Terns require bare sand and/or shell hash, or sand and/or
shell hash with sparse, scattered herbaceous vegetation for nesting. Ferry Slip Island and South Pelican
Island have been the only islands with such habitat in southern North Carolina and provide the only
suitable nesting sites for these species between Cape Lookout, NC and Cape Romain, SC. About every
three years, a census is conducted of all nesting colonial waterbirds in North Carolina. The three most
recent censuses were completed in 2007, 2011, and 2014, and together Ferry Slip and South Pelican
Islands supported significant proportions of the state's population of terns and pelican (Table 1);
OA
VIED
DCM WILMINGTON, NC
JUN 2 4 26i06

statewide proportions of nesting terns and pelicans have been generally comparable since the surveys'
initiation in 1972 (North Carolina Wildlife Resources Commission 2016).
Table 1. Number of nesting pairs of terns and pelicans on Ferry Slip and South Pelican Islands and
proportion of statewide nesting populations in the Cape Fear River, 2007, 2011, and 2014.
Brown Pelican Gull -billed Tern Royal Tern Sandwich Tern
2007
628 (18%)
11 (12%)
2049 (18%)
912 (29%)
2011
498 (10%)
28 (16%)
2692 (24%)
770 (28%)
2014
493 (11%)
18 (12%)
2844 (22%)
1019 (35%)
American Oystercatchers are also censused every three years in North Carolina. The most recent
completed census years are 2007, 2010, and 2013. In 2007 Ferry Slip and South Pelican Islands
supported 7% of the state's population of nesting American Oystercatchers, in 2010 they supported 6%,
and in 2013 they supported 9% (North Carolina Wildlife Resources Commission, unpublished data).
In order to maintain suitable habitat for terns, islands such as Ferry Slip and South Pelican should receive
sand every five years (Parnell and Shields 1990). Ferry Slip Island and South Pelican Island have not
received dredged sand since 2004 and as a result both islands are now overgrown with herbaceous
vegetation and they have eroded (Figures 2 and 3). Habitat for terns, pelicans and oystercatchers has
declined significantly. Without new deposits of dredged sand, these islands will eventually cease to
support nesting terns, pelicans, and American Oystercatchers.
Rgure 2. Aerial image of Ferry Slip Island on 5 October 2014. Source: Google Earth.
ECEIVED
JUL 05 2016
M- MHD CITY
RECEIVED
DCM WILMINGTON, NC
JUN 2 4 ni.io

j-t—
Figure 3. Aerial image of South Pelican Island on 5 October 2014. Source: Google Earth.
Proposed Deposition of Sand on Ferry Slip and South Pelican
The U.S. Army Corps of Engineers conducted hydrographic and topographic surveys of South Pelican
Island on March 30 and 31, 2016 and of Ferry Slip Island on March 30 and April 4, 2016. From these
surveys, it developed site maps and plans for depositing material dredged from the navigational channel
onto the islands. It consulted with Audubon NC regarding the beneficial use of this material. These plans
are attached as part of the project narrative and application package. A pipeline dredge will pump high -
quality sand onto each island and bulldozers will shape the sand to the desired height, contour, and
slope. Prior to pumping, bulldozers will construct a berm from existing sand on the islands to contain
and direct the sand -water slurry; this method is commonly referred to as control of effluent. In addition
to a berm, silt fencing will also be used to protect the marsh on South Pelican Island. Following the
pumping event, all equipment will be removed from the islands.
Previous Permit and Projects
In September 1991, North Carolina Division of Coastal Management issued permit #126-91 for the
maintenance and periodic renourishment of Ferry Slip and South Pelican Islands. In April 2003, that
permit was renewed as permit #45-03 for the maintenance and periodic renourishment of Ferry Slip and
South Pelican Islands. Permit #45-03 expired on December 31, 2007. The only change proposed in this
current permit application is a change in the previous permitted height of the islands from 18 feet above
mean high water to 24 feet above mean low water. This is intended to provide maximum sand capacity
while maintaining a slope that is suitable for nesting birds (Golder et al. 2008)
0
JUL 05 2016
RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY
JUN 2 4 iuiu

t
We include as appendices the permits and certifications for permit # 45-03, issued in April 2003, for
reference and the original Environmental Assessment and 401(b) (1) evaluation done by the U.S. Army
Corps of Engineers for the first such project which was carried out in the 1980s (Appendices 1-5).
Conclusion
Ferry Slip Island and South Pelican Island are essential to sustaining North Carolina's waterbird and
shorebird populations. Periodic deposits of sand on the islands and using the control of effluent method
provides a beneficial use of the dredged sand and will sustain habitats that are critically important to
maintaining healthy populations of coastal birds. Renewal of the permit will ensure that adequate
nesting habitat will be available for many years into the future.
Literature Cited
Golder, W., D. Allen, S. Cameron, and T. Wilder. 2008. Dredged material as a tool for management of
tern and skimmer nesting habitats. DOER Technical Notes Collection (ERDC TN-DOER-E24),
Vicksburg, MS: U.S. Army Engineer Research and Development Center.
http://ei.erdc.usace.army.mil/dots/doer/doer html
North Carolina Wildlife Resources Commission. 2016. Colonial Waterbird Database.
https://ncpaws.org/PAWS/Wildlife/ColonialWaterBird/CWBHome aspx. Accessed June 17, 2016.
Parnell, J.F. and M.A. Shields. 1990. Management of North Carolina's Colonial Waterbirds. UNC Sea
Grant Publication UNC-SG-90-03, Raleigh, NC.
Pearson, T.G., C.S. Brimley, and H.H. Brimley. 1942. Birds of North Carolina. Bynum Publishing Company,
Raleigh, NC.
Soots, R.F. and J.F. Parnell. 1975. Ecological succession of breeding birds in relation to plant succession
on dredge islands in North Carolina. UNC Sea Grant Publication UNC-SG-75-27, Raleigh, NC.
Appendices
Appendix 1. CAMA permit #45-03 and application materials.
Appendix 2. Division of Water Quality approval of401 Water Quality Certification and additional
conditions for permit #45-03.
Appendix 3. Division of Land Resources Land Quality Section letter of approval for Sedimentation and
Erosion Control Plan for permit #45-03.
Appendix 4. NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Appendix 5. 1982 Environmental Assessment and 401 (b) (1) evaluation. RECEIVED
JUL 0 5 2016
DCM- MHD CITY
51 RECEIVED
DCM WILMINGTON, NC
JUN 2 4'LUID

Location Map of Ferry Slip and South Pelican Islands
RECEIVED
JUL 05 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
JUN 2 4 2616

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: NC Wildlife Resources Commission c/o Audubon North Carolina
2. LOCATION OF PROJECT SITE: Cape Fear River Between Snows Cut and Zekes Island.
Photo Index - Only available aerial is Ferry Slip Island 1995: 13-120, 15-18 R-T
State Plane Coordinates - X: 2321196YY: 82647 (Ferry Slip Island)
X: 2311422Y Y: 68930 (South Pelican Island)
Lat/Long Coordinates- Lat: 33097'32.38"N Long: 770 94'17.86"W (Ferry Slip Island)
Lat: 33093'60.28" N Long: 77' 97'34.30"W (South Pelican Island)
3. INVESTIGATION TYPE: CAMA/ D & F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 06/27/2016
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received - 06/24/2016 (completed)
Office - Wilmington
6. SITE DESCRIPTION:
(A)
Local Land Use Plan - Brunswick Co./New Hanover Co.
Land Classification From LUP - Conservation
(B)
AEC(s) Involved: PT, EW, ES
(C)
Water Dependent: Yes
(D)
Intended Use: Wildlife Conservation
(E)
Wastewater Treatment: Existing - N/A
Planned - N/A
(F)
Type of Structures: Existing - N/A
Planned - N/A
(G)
Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
FILLED QTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
(Open water
1.4 acres
(C) Other (Highground)
- 12.6 acres
(D) Total Area Disturbed: - 14 acres
(E) Primary Nursery Area: No
(F) Water Classification: SB# Open: No (Ferry Slip Island) Yes (South Pelican Island)
8. PROJECT SUMMARY: The applicant proposes to deposit approximately 86,000 cubic yards of dredge spoils on two
(2) existing islands (Ferry Slip and South Pelican Island) in the Cape Fear River to maintain and restore the nesting
habitat for colonial water birds.

1I
NCWRC c/o Audubon NC
Page Two
9. PROJECT DESCRIPTION:
The two existing spoil islands are located in the southern portion of the Cape Fear River between Snow's Cut and Zeke's
Island, in Brunswick County (South Pelican Island) and New Hanover County (Ferry Slip Island). State Permit If 126-91 was
issued to the NC Wildlife Resources Commission in September 1991, for the renourishment on these two particular islands as
part of an experimental habitat enhancement project to measure the nesting success of colonial water birds. State Permit
# 41.03 was issued in April 2003, reauthorizing the renourishment of the two islands to maintain suitable nesting habitat.
Certain species of waterbirds, such as, Royal and Sandwich Terns require early succession habitat for nesting. Early
succession habitat consists of bare sand with limited shell and / or sparse vegetation. In order to maintain suitable nesting
habitat periodic renourishment of the islands with dredged sand is required. Audubon of North Carolina has been monitoring
and managing these islands since 1991, and has conducted a statewide census every three years for all nesting colonial
waterbirds in North Carolina. According to the application, in 2014 Ferry Slip and Pelican Islands supported approximately
35% of the Sandwich Tern nesting populations statewide as well as approximately 22% of the Royal Terns,12 % of the Gull -
billed tems, and 11 % of the Brown Pelicans.
Currently, Ferry Slip Island is approximately 5.6 acres in size and has an approximateexisting grade of 16'above Mean Low
Water (MLW) at its tallest point. Vegetation consists mainly of low grasses and shrubs with other areas grown up with Marsh -
elder (Iva frutescens). There is no marsh or coastal wetlands vegetation present on the island. South Pelican Island, the
larger of the two islands, is roughly 7 acres and has an existing grade of approximately 18' above MLW at its tallest point.
Vegetation within the proposed sand disposal area consists of various grasses and herbaceous plants. The highground
transitions to a lower high marsh area occupied by Common Reed (Phragmites australis) and Salt Meadow Hay (Spartina
patens). The even lower coastal wetland areas are dominated primarily by Smooth Cordgrass (Spartina altemiflora) and
contains a tidally influenced pond at the center of the island.
In the project area, the adjacent waters are classified SA, by the NC Division of Water Resources, and they are OPEN to the
harvest of shellfish in the area around South Pelican Island and CLOSED in the area around Ferry Slip Island. These adjacent
waters are not designated as Primary Nursery Area (PNA), by the NC Division of Marine Fisheries.
PROPOSED PROJECT:
The applicant proposes to deposit approximately 86,00 cubic yards of dredge spoils on two (2) existing islands (Ferry Slip and
South Pelican Island) in the Cape Fear River to maintain and restore the nesting habitat for colonial water birds. The existing
islands would be enlarged, not to exceed an area of approximately seven (7) acres per Island and a maximum elevation of
approximately 22' above MLW. The proposed renourishment project would involve reclaiming approximately 1.4 acres of
sand that is currently below Mean High Water (MHW) and located within the Horseshoe Shoals Area. The method of sand
deposition is termed "controlled effluent" or toe of the bank disposal. The applicant would utilize hydraulic dredgin mp
the material onto the islands and then use small bulldozers to construct berms to control the flow fr(We�l'I�Ond
efficiently disperse the deposited material throughout the perimeter of the islands.
�UL 0 5 2016
10. ANTICIPATED IMPACTS:
As Proposed, the applicant is requesting the utilization of approximately 86,000 cubic yards of s9Q -rial from the
Wilmington Harbor Dredge Project, particularly from the Horseshoe Shoals component of the project. The proposed
renourishment project would expand the dimensions of each Island to their originally permitted 7 acres and would involve
reclaiming approximately 1.4 acres that is currently below Mean High Water (MHW). Temporary increases in turbidity should
be expected during construction. The coastal wetland boundary would be silt fenced prior to the start of construction.
All dredge material on South Pelican Island would be diverted away from the coastal wetlands located on the southwest
portion of the island by using the constructed berms. Any remaining active nests from the previous season would have
provisions made for them outside of the construction area.
Submitted by: Sean C. Farrell Date: 06/28/2016 Office: Wilmington

6�
Project Narrative: Colonial Waterbird Islands
Part of application to renew permits for the disposal of dredged sand on South Pelican and Ferry Slip
Islands
22 June 2016
Introduction
The North Carolina Wildlife Resources Commission in partnership with the National Audubon Society's
North Carolina State Office (Audubon NC) are requesting the renewal of NC Division of Coastal
Management permits to place dredged sand on Ferry Slip and South Pelican Islands in the Lower Cape
Fear River for the purpose of restoring habitat for nesting Brown Pelicans, Royal Terns, Sandwich Terns,
Gull -billed Terns, and American Oystercatchers. The disposal of sand on South Pelican and Ferry Slip
Islands would take place as part of the U.S. Army Corps of Engineers maintenance of the adjacent Cape
Fear River navigational channel.
Sand from the Cape Fear River navigational channel will be placed on the islands using the control of
effluent method and following best practices to reduce runoff and direct the effluent to the desired
locations and away from emergent marsh (marsh is on South Pelican Island only). The sand will then be
graded to the appropriate contours (Golder et al. 2008). This method has been used successfully on
previous habitat restoration projects on these islands.
Lower Caoe Fear River Islands
Colonial waterbirds have nested on islands in the Cape Fear River between Wilmington and Southport
since at least the 1930s when a heron colony on Battery Island was first reported (Pearson et al. 1942).
Ground -nesting terns and gulls were first reported nesting on dredged -material islands in 1970 when
Soots and Parnell (1975) first began regular surveys of these birds along the North Carolina coast. Royal
Terns, Sandwich Terns, and Laughing Gulls have nested on islands in the Cape Fear each year since 1970.
Brown Pelicans first nested on islands in the Cape Fear River in 1980 and have nested there each year
since (Parnell and Shields 1990; North Carolina Wildlife Resources Commission 2016).
Nesting by pelicans and terns has been confined primarily to three islands, Ferry Slip Island, South
Pelican Island, and North Pelican Island. Two of these islands, Ferry Slip and South Pelican, have
periodically received deposits of dredged sand provided by the U.S. Army Corps of Engineers as part of
dredging operations that maintain the Cape Fear River channel (Figure 1). This dredged sand has been
and is currently essential to sustaining habitat required by these species and others. The third island,
North Pelican, consists of marsh and shrub thickets and has not received dredged material.
In the past five years, no federally listed species have been detected on the islands during the course of
regular monitoring. Audubon staff visit both islands two to four days per week from March -August and
bi-weekly or weekly during September -February. No SAV has been detected in the shallow water
surrounding the islands.
iI
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
-^%VED
DCM WILMINGTON, NC
JUN 2 4 Luio

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
I} APPLICANT:. NCWRCforAudubon North Carolina -COUNTY: Brunswick & New Hanover
PROJECT NAME: Colonial Waterbird Islands
LOCATION OF PROJECT: Ferry Slip Is. and S Pelican Is., in the Cape Fear River, between Snows Cut & Zekes Island
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-24-16 /
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached:
FIELD REPRESENTATIVE: Sean Farrell
DISTRICT MANAGER REVIEW: ✓ie , 2�
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 6-27-16
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE:
MAIL OUT DATE: 6-27-16
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $475/41207✓
END OF NOTICE DATE: 7-18-16 /
DEED REC'D:
ON:
150 DAY DEADLINE:
STATE DUE DATE: 7-18-16
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
$ ��
Division of Community Assistance
LqlIio
Land Quality Section (DEMLR)
Division of Water Resources (401)
2_0 (v Db(o 3
Storm Water Management (DEMLR)
State Property Office
Division of Archives & History
21 Ib
Division of Environmental Health
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Division of Highways
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Wildlife Resources Commission
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JUL 05 2016
Division of Marine Fisheries / DCM
-7 1-1 1(s
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pti S 71/3/1(. ✓

MEMORANDUM
To: Heather Coats
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, NC WRC c/o
Audubon NC, New Hanover County
Date: August 2, 2016
The applicant proposes to deposit approximately 86,000 cubic yards of dredge spoils on
two (2) EXISTING ISLANDS (Ferry Slip and South Pelican Islands) in the Cape Fear
River to maintain and restore the nesting habitat for colonial water birds. The project is
located between Snow's Cut and Zekes Island in New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are EW, PT and ES.
Waters at the project site are classified as SB# and are not open to the harvesting of
shellfish on Ferry Slip Island, but open on South Pelican Island. The area is not a
Primary Nursery Area..
I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover
County CAMA Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, Wilmington -New Hanover County allows development in Conservation
classified AECs, which is consistent with the State's minimum use standards. The
Wilmington -New Hanover County Land Use Plan contains some policies, which exceed
the State's minimum use standards, however none of these policies are applicable to this
project.
This project appears to be consistent with the 2006 Wilmington -New Hanover
County Joint Land Use Plan Update.
Cc: File

Recommendations for State Permit — NC Wildlife Resources Commission c% Audubon North Carolina 06/28/2016
It isthe stairs recommendation that the proposed estuarine beach re -nourishment is consistent with the Rules of 15 NCAC 71-1.0208 (b)(8).
The project was previously authorized by State Permits # 41-03 and # 126-91. This office has no objections to the reauthorization of the
project subject to the conditions of the original permit.
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

0
Recommendations for State Permit — NC Wildlife Resources Commission c/o National Audubon Society 06/27/2016
It is the staff's recommendation that the proposed estuarine beach re -nourishment is consistent with the Rules of 15 NCAC 71-1.0208 (b)(8).
This project was previously authorized by State Permits If 41-03 and # 126-91. 1 have no objections to the reauthorization of the project
subject to the conditions of the original permit.

e
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
Mark Zeigler
WiRO
Division of Community Assistance
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsla7ncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86, 000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ' " pvvv, � o-1 � ( 9_�
DATED 6 . Z 9 - 16
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ezt., Wilmintnton, NC 28405
910-796-7215

0
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
Dan Sams
District Manager
DEMLR - WiRO
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
� q
JUN z ,P 2016 _.
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86, 000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached. A) lecd 1� 1: �'%e-A
This agency objects to the project for reasons described in the attached comments.
SIGNED DATED .30 ?D 7�
RECEIVED
DCK4 wtW(NGTCN, NC
JUL Q5ZQ6,
State of North Carolina I Environmental Quality I Comod Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
Chad Coburn
401 Wetlands
DWR-WiRO.
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
RECEIVED/NCDENR/M
JUN 2 9`2016
Water Quality Regional
WilminOperations onal
n
gton Regional Office
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsC�ncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: NCWRC c% National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86, 000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016, If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY:
SIGNED
This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
761 'Ti M Gres sue,.,
Reyq,J S-rex-v" r
DATED 7 11 g 116
RECEIVED
DCM WILMINGTON, NC
AUG 19 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Et., Wilmington, NC 28405
910-796-7215

Water Resources
ENWRONY.ENIAL CUALTY
August 18, 2016
North Carolina Wildlife Resources Commission
Mr. Gordon Myers
1722 Mail Service Center
Raleigh, NC 27699
PAT MCCRORY
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
wam
Bnmswick/New Hanover Counties
DWR Project # 16-0663
Subject Property: Colonial Waterbird Islands — Lower Cape Fear River
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Myers;
You have our approval, in accordance with the attached conditions and those listed below to
impact 1.4 acres of open waters within the Lower Cape Fear River in order to maintain and to
restore nesting habitat as described in your CAMA application received by the Division on June
29, 2016. After reviewing your application, we have decided that the impacts are covered by
General Water Quality Certification Number 3900 (GC 3900). In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead
with your project including (but not limited to) Erosion and Sediment Control, Non -discharge,
and stormwater regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of the 404
Permit. This Certification can also be found on line at:
http://nortal.ncdenr. org/web/wq/swp/ws/401 /certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the neJgPM9EMust be given
a copy of this approval letter and General Certification and is respons MMIb6Mhoj4 t UQh all
State of North Carolina I Department of Favironmental Quality I Divisive of Water Resotuces AU G 19 2 016
127 Cardinal Drive Do, Wilmington, NC 28405
919 796 7215

Colonial Waterbird Islands T_
2016-0663
Brunswick/New Hanover Counties
Page 2 of 4
conditions. Any new owner must notify the Division and request the Certification be issued in
their name { 15A NCAC 02H .0501 and .0502).
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The applicant
will also be required to evaluate all acquired permits to assure that they are consistent and all
relative impacts are accounted for and shown on the construction plans. [ 15A NCAC 02H
.0502 (b) and 15A NCAC 021-1.0506 (4)] The applicant shall require his contractors
(and/or agents) to comply with all of the terms of this Certification, and shall provide
each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be
exceeded as described in 15A NCAC 2B .0220. Appropriate sediment and erosion control
practices must be used to meet this standard. Turbidity curtains shall be used as
appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
,Certification for a specific project shall remain in effect for the life of the project,
regardless of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project, and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [I 5A
NCAC 021-1.0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a
manner consistent with State water quality standards (including any requirements
resulting from compliance with 303(d) of the Clean Water Act), and any other
appropriate requirements of State and Federal law. If the Division determines that such
standards or laws are not being met, including failure to sustain a designated or achieved
use, or that State or Federal law is being violated, or that further conditions are necessary
to assure compliance, than the Division may reevaluate and modify this General Water
Quality Certification. [15A NCAC 02H .0507(d)] RECEIVED
DCM WILMINGTON, NC
AUG 19 2%

Eolonial Waterbird Islands
2016-0693
kunswick/New Hanover Counties
Page 3 of 4
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the pennittee/contractor shall immediately contact the
Division of Water Resources, between the hours of 8 am to 5 pm at the Wilmington
Regional Office at 910.796.7215 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [ 15A NCAC 02H .0506 (b)(3) and
(c)(3),15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the
Director, or NC Department of Environmental Quality (DEQ) staff, upon the presentation
of proper credentials, to enter the property during normal business hours 15A NCAC
02H.0502(e).
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http://portal.ncdenr.org/web/wq/swp/ws/401 /certsandpermits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and as
authorized by this Certification shall expire upon expiration of the 404 or CAMA Pemtit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling
the OAH Clerk's Office at [phone] for information. Within sixty (60) calendar days of
receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when
the original and one (1) copy along with any applicable OAH filing fee is received in the OAH
during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding
official state holidays). The petition may be faxed to the OAH at [phone], provided the
original and one copy of the petition along with any applicable OAH filing fee is received by the
OAH within five (5) business days following the faxed transmission. RECEIVED
I)CM WILMINGTON, NO
AUG 19 2016

Colonial Waterbird Islands
2016-0663
Brunswick/New Hanover Counties
Page 4 of 4
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Jennifer Burdette in the Central
Office in Raleigh at 919.807.6364 or Jennifer.Burdettena.ncdenr.gov or Chad Coburn in the
DWR Wilmington Regional Office at 910.796.7379 or Chad.Cobum(&ncdenr..ov.
Sincerely, "� - D v—
Q
Aa
Jim Gregson, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC 3900
cc: Walker Golder — Audubon North Carolina, 7741 Market Street, Unit D, Wilmington, NC
28411
Tyler Crumbley - USACE Wilmington Regulatory Field Office
Heather Coats — DCM Wilmington
Jennifer Burdette — Wetlands and Buffer Unit
WiRO
4, (-_- .'
RECENF-p
DCM WILMINbT4N, NC
AUG 19 2016

PAT MCCRORY
Governor
t.s
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
MEMORANDUM:
TO:
Georgette Scott
Stormwater Section — DEMLR
Wilmington Regional Office
DONALD R. VAN DER VAART
,secrete"
BRAXTON DAVIS
Dlrewor
ECEIVE
JUN 2 9 2016
Ff 0M: t Heather Coats, Assistant Major Permits Coordinator
t NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED
DATED L v
DCM RECEIVED
CN, NC
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Doe Ext., Wilmington, NC 28405
910-796-7215
JUL 01 2016

0_1
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
RECEIVED
JUL 01 2016
DOA
STATE PROPERTY
OFFICE
TO: Tim Walton
Dept of Administration
State Property Office
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(..ncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
SIGNED
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATED 7/ ZA
RECEIVED
DCM WILr.4lNGTON, NC
JUI 2 6 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ent., Wilmington, NC 28405
910-796-7215

PAT MCCRORY
(mvemor
JUL 0? ZT5 i
_D�NALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Direcmr
June 28, 2016 1 0 _
1174
TO: Renee Gledhill -Early �/)
Dept. of Cultural Resources ct�1 ,
Archives & History
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsonncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cuyds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
In-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects
to the
project for reasons described in the attached comments.
SIGNED
G
DATED r ' ` `6O
Si=L,CI V
uCM WILMINGTON, NC
JUL 2 12016
Swe of North Carolina I Enhmnmental Quality I Coastal MMSemeot
127 Cardinal Dnw Ext., Wilm'V"', NC 28405
910-796-7215
JUL 1 12016

Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretory
BRAXTON DAVIS
Dlrecmr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrvov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: NCWRC c% National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86, 000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. l eAd,
This agency has no comment on the proposed project. ACC
SIGNED
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
r � -
GhadN
DATED 1/% 3
eceived
JUL 13 1016
DCM
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215

Y'
. K-Ir`a.
Marine Fisheries
ENVIRONMENTALOU A I �.TJ
July 13, 2016
MEMORANDOM
PAT McCRORY
Governor
DONALD R. VAN DER VAART
secretary
BRAXTON C. DAVIS
Director
TO: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 (Courier 11-12-09)
From: Shannon Jenkins,
Section Chief, Shellfish Sanitation and Recreational Water Quality
Division of Marine Fisheries
SUBJECT: CAMA/Dredge & Fill Permit Application Review
Applicant: NCWRC c% National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cubic yards of dredge spoil onto two (2)
existing islands (Ferry Slip & South Pelican), in the Cape Fear
River, to maintain and restore the nesting habitat for colonial water
birds
The proposed dredging in this project involves the removal of material from an area that
is closed to shellfish harvest. During proposed hydraulic dredging operations, effluent
from the dredged material will discharge into open shellfish waters near one of the
dredge disposal sites (South Pelican Island). The discharge will require a temporary
shellfish closure at this location. Shellfish Sanitation should be notified of the dredging
plan at least one week prior to the start of activities, by phone 24 hours prior to the start
of pumping, and upon completion of pumping, so that the proper temporary shellfishing
closure can be put in place.
"� Nothing Com!
State of North Carolina I Emironmental Quality I Marine Fisheries
PO Box 769 1 3441 Arendell Street I Morehead City, NC 28557
2527267021 T

�i
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
RECEIVED
JUL 01 20%
NC DOT
DISTRICT 3
Ben Hughes
NC DOT
BR I NH County
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Uo-eeror
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsO)..ncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 2Z 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: I This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED
i
V
DATED l Zoflo
RECEIVED
DCM WILPAINGTCN, NC
JUL 0 S 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

4
ky-
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
C. tt.•n-4.os.03
Maria Dunn
NCWRC
For WiRO
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
V
JUL 2016
VtE_YED
NOW
C
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(filncdenr.00v
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22r 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
v/ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATED -1
RECEIVED
DCM WILMINGTON, NC C
JUL 12 2016
State of North Carolina I Environmental Duality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-7%-7215

Is
23
® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
hi 13135 [1]:7110I1103
TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: July 8, 2016
SUBJECT: CAMA Dredge/Fill Permit Application for NCWRC c/o National Audubon
Society, New Hanover County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at spoil
islands South Pelican and Ferry Slip between Snows Cut and Zekes Island in the Cape Fear River. Our
comments are provided in accordance with provisions of the Coastal Area Management Act (G. S. 113A-
100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to place approximately 86,000 CY of material dredged from Horseshoe Shoals on
two existing spoil islands, South Pelican and Ferry Slip. These islands have not received material from
the USACE navigation project since 2003. The permit that allowed the proposed activity expired in
December 2007. The placement of material would be done within the original footprint of the #45-03
permit, reestablishing the 7 acre islands. These islands provide important habitat for several colonial
nesting waterbirds, including Royal Terms, Sandwich Terns, Gull -billed Terns, American Oystercatchers,
and Brown Pelicans. To best manage vegetation on these islands for these species, periodic material
placement is necessary.
The NCWRC has reviewed the permit application and does not object to permit issuance as long as all
conditions in the original #45-03 permit are included in any current permit issuance. Our agency will
work in close contact with the National Audubon Society to insure impacts to active nests are minimized
during material placement and island construction
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria.dunnnn ncwildlife.ore
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-WEIVED
Telephone: [phone] • Fax: [phone] DCM WILMINGTON, NC
JUL 12 2016

it
CoasGulMannpement
ENVIRONMENTAL QUALITY
June 28, 2016
MEMORANDUM:
TO:
RECEIVED
JUL - 1 2016
NEW HANOVER COUNTY
PLANNING & ZONING
Ben Andrea
Supervisor, Planning & Zoning
New Hanover County
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
semrary
BRAXTON DAVIS
JxNaar
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ = Division of Coastal Management
127 Cardinal Drive .Ext , WIIm.,,NC 28405 heather. coats(c7ncdenr.aov
Fax: [phone] (Couner,04w18 33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: NCWRCc%Nations[ Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. 'yds. ;of dredge spoil onto two.(2) existing islands,
(Feny Slip & South Pelican), In the Cape Fear River, -to maintain and iestarb
the nesting habitat for colonial water birds
Please -indicate below your agency's position or viewpoint on the proposed project and
►eturnpihla form Co A6ther Coats'at the address aboJe.by July 22,-2016. -Ifyou have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasonsdescribed in the attached comments.
SIGNED 6?�) DATE
Remivee
JUL 0 61016 el4fllo
StecofNorthcarolim I HnvilmmenW QualityI CoastalMaaagemW
127 Carding Drive Ed. Wilmmgtm, NC 2MO5 pC
91ai� 79&721s v'

� /C.�tr�r�" ` „�
�-: ,.,ti.

s
�i
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
Connie Marlowe
LPO
Brunswick Co.
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdencgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: NCWRC c/o National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments Oh supporting data is requested.
REPLY: V This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 7 l DATED P �(kl `�
DCM WILM NIGTCN, NC
JUL 15 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215

M
PAT MCCRORY
Govemor
11M.
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO: Gregg Bodnar
Fisheries Resource Specialist
DCM, Morehead City
DONALD R. VAN DER VAART
secrelory
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext. Wilco. NC 28405 heathercoats(Wncdenr.aov
Fax: [phone] Courier 04-16-33
SUBJECT: CAMA /Dredge & Fill Application Review
Applicant: - NCINRC c% National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the. nesting habitat for colonial water birds
Please indicate below oy ur agency's position or viewpoint on the proposed project and
etum this fonn to Heather Coats let the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. t
comment on the proposed project.
This agency hasA
This agency approves. of the project only if the recommended changes
are incorporated. See attached.
SIGNED
l
This agency objects to.the project for reasons described in the attached comments.
DATED '714(k-->
A
JUL 05 2016
State of North Cmaliva l Huftoomental Quality l Coastal Management ®6✓IFIY� N LJ D. CITY
127 Cardinal Drive Ext, Wdmington,�NC 28405
910-796-7215

Coats, Heather
From: Crumbley, Tyler SAW <Tyler. Crumbley@usace. army. m il>
Sent: Tuesday, August 23, 2016 10:17 AM
To: Coats, Heather
Subject: SAW-2003-00466 Colonial Waterbird Island Restoration -Audubon NC and NCWRC
Heather,
Please find below, the proposed conditions for the Colonial Waterbird Island restoration. State Permit #45-03. A hard
copy will be mailed to Doug today.
Thanks.
The Federal agencies have completed review of the proposal as presented by the application and your field investigation
report.
We recommend that the following conditions be included in the State authorization:
1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The
guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelin6s.pdf.
2. In order to protect juvenile finfish and other aquatic resources, no filling activities will be permitted between the
dates of April 1st and September 30th of any year without the prior approval of the North Carolina Division of Coastal
Management and the U.S. Army Corps of Engineers.
3. All excavated materials will be confined landward of the mean high water level elevation contour within the
berm and effluent control structures as described in the approved plans to prevent spillover of dredged materials into
any vegetated wetlands or surrounding waters.
4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast
Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact
the U.S. Coast Guard Marine Safety Office at [phone].
5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a
part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior
to implementation.
6. The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the
Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free
navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of
Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States.
7. The authorized structure and associated activity must not interfere with the public's right to free navigation on
all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work for reason other than safety.

r,
8. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities
shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal
flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands.
9. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within
waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill
material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
10. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and
wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or
any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-
5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous Substances Control
Act will be followed.
11. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated
from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will not be used.
12. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the
authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination
procedures.
13. The permittee shall require its contractors and/or agents to complywith the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents
associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit,
including all conditions, shall be available at the project site during construction and maintenance of this project.
14. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase
in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited
to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or
the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statutes Chapter 113A Article 4).
15. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area
of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less
in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
16. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of
the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his
authorized representative may direct, restore the water or wetland to its pre -project condition.
17. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and
Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the
permittee's discovery of the violation.

Tyler Crumbley, PWS
Regulatory Project Manager
U.S. Army Corps of Engineers -Wilmington District
69 Darlington Avenue
Wilmington, NC 29403
Phone: [phone]
Fax:[phone]
email: [e-mail]
"The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/"

(Sent via Electronic Mail)
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
26313th Avenue South
St Petersburg, Florida 33701-5505
hftpllsem.nmfs.noaa.gov
August 12, 2016 F/SER47:KR/pw
Colonel Kevin P. Landers, Sr., Commander
U.S. Army Corps of Engineers Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403-1398
Attention: Tyler Crumbley
Dear Colonel Landers:
NOAA's National Marine Fisheries Service (NMFS) reviewed the public notice for Action ID
No. SAW-2003-00466 dated July 18, 2016.- The North Carolina Wildlife Resources
Commission, applicant, in partnership with Audubon North Carolina proposes to deposit
approximately 86,000 cubic yards of dredge material on two existing spoil islands in the lower
Cape Fear River. Ferry Slip Island located in New Hanover County and South Pelican Island
located in Brunswick County were constructed and have been historically maintained as part of
an experimental habitat enhancement project to improve nesting success of colonial water birds.
Audubon of North Carolina has been monitoring and managing these islands since 1991. The
proposed project would expand the dimensions of each island to their originally permitted seven
acres and would require deposition of fill material on approximately 60,984 square feet of
intertidal and sub -tidal shallow bottom habitat. The Wilmington District's initial determination
is the proposed project may affect essential fish habitat (EFH) or associated fisheries managed by
South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management
Council (MAFMC), or NMFS. As the nation's federal trustee for the conservation and
management of marine, estuarine, and diadromous fishery resources, the NMFS provides the
following comments and recommendations pursuant to the authorities of the Fish and Wildlife
Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act
(Magnuson -Stevens Act).
Impacts to Essential Fish Habitat
The project area is not a state -designated Primary Nursery Area; however, the project area
clearly functions as nursery habitat for federally managed species as well as other species of
commercial or recreational importance. The SAFMC identifies shallow intertidal and sub -tidal
bottom in estuarine waters as EFH for brown shrimp, pink shrimp, and white shrimp and for
estuarine species within the snapper/grouper complex (e.g., gray snapper and gag). The SAFMC
identifies these areas as EFH because fish and shrimp concentrate in these habitats for feeding
and refuge and experience high growth and survival rates when located in these habitats. The
SAFMC provides detailed information on the EFH requirements of federally managed species in
amendments to the fishery management plans and in Fishery Ecosystem Plan of the South
Atlantic Region.
Received!
AUG 1.5 1016 a.10 ,
DCM

The NMFS believes the environmental effects associated with the proposed filling would not
have a substantial adverse impact on EFH or federally managed species. Given that the North
Carolina Division of Coastal Management has previously authorized the proposed project via
Permit 4126-91 issued September 1991 and Permit #45-03 issued April 2003, the NMFS has no
concerns about the project provided best management practices are used to prevent degradation
of fisheries habitat. Recommended practices include measures to prevent discharge of
contaminants and pollutants, elevated turbidity, and increased sedimentation. The NMFS
requests an EFH Assessment be conducted and compensatory mitigation be provided for the loss
of estuarine bottom should the project extend beyond the delineated boundaries of each island as
originally permitted.
Thank you for the opportunity to provide these comments. Please direct related questions or
comments to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road,
Beaufort, North Carolina 28516-9722, or at [phone].
/ for
Sincerely,
you VA
Virginia M. Fay
Assistant Regional Administrator
Habitat Conservation Division
cc: COE, [e-mail]
USFWS, [e-mail]
NCDCM, [e-mail], [e-mail]
EPA, [e-mail]
SAFMC, [e-mail]
F/SER4, [e-mail], [e-mail]

Wa
Coastal Management
ENVIRONMENTAL QUALITY
June 28, 2016
TO:
Heidi Cox
Environmental Engineer
Public Water Supply
PAT MCCRORY
Uovemor
DONALD R. VAN DER VAART
Secmlary
BRAXTON DAVIS
Dlreclor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ — Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA / Dredge & Fill Application Review
Applicant: NCWRC c% National Audubon Society
Project Location: spoil islands between Snows Cut and Zekes Island
Proposed Project: to deposit approx. 86,000 cu. yds. of dredge spoil onto two (2) existing islands
(Ferry Slip & South Pelican), in the Cape Fear River, to maintain and restore
the nesting habitat for colonial water birds
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by July 22, 2016. If you have any
questions regarding the proposed project, contact Sean Farrell at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
SIGNED
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DATED Ib
RECEIVEC
DCM WILMINGTCN, INC
JUL 13 2016
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH OAROLINA 26403-1343
September 20, 2016
Regulatory Division
Action ID No. SAW-2003-00466
Mr. Gordon Myers
North Carolina Wildlife Resources Commission
1722 Mail Service Center
Raleigh, North Carolina. 27699
Dear Mr. Myers:
Reference your application for a Department of the Army permit to dispose of dredged
material onto Ferry Slip Island and South Pelican Island in the Cape FcaF River.
The project is located in the Cape Fear River, on two existing spoil islands that have been
maintained since the 1980's as nesting habitat for colonial water birds, in Brunswick County,
North Carolina. Coordinates in Decimal Degrees are: 33.973446 N,-77.941907 W (Ferry Slip)
and 33.936289 N,-77.973499 W (South Pelican).
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction
activities that receive authorization from the State of North Carolina. Therefore, you may
commence construction activity in strict accordance with applicable State authorization, attached
Federal special conditions, and the final approved plan. Failure to comply with the State
authorization or conditions of the Federal permit could result in civil and/or administrative
penalties.
If any 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
North Carolina Division 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. Your Department of the Army permit will expire on December 31, 2016.
RECEIVED
SEP 2 3 2016
DCM- MHD CITY

Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sinnccerel
Ty"ler Crum ley
Regulatory Project Manager
Enclosures:
Federal Special Conditions
CAMA permit
GP 291 conditions
Copies finnished without enclosures:
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Dr. Ken Riley
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Heather Coats
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive
Wilmington, North Carolina 28405

Ms. Karen Higgins
Division of Water Quality
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, North Carolina 28512
Mr. Chad Coburn
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive
Wilmington, North Carolina 28405
RECEIVED
SEP 2 3 2016
DCM- PE�

Special Conditions
SAW-2003-00466
1. In order to farther protect the endangered West Indian Manatee, Trichechus manatus,
the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
htto://www.fvvs.gov/nc-es/mammal/manatee guidelines.pdf.
2. In order to protect juvenile finfish and other aquatic resources, no filling activities
will be permitted between the dates of April 1 st and September 30th of any year without the
prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps
of Engineers.
3. All excavated materials will be confined landward of the mean high water level
elevation contour within the berm and effluent control structures as described in the approved
plans to prevent spillover of dredged materials into any vegetated wetlands or surrounding
waters.
4. The permittee must install and maintain, at his expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact the U.S. Coast Guard Marine
Safety Office at [phone].
5. All work authorized by this permit must be performed in strict compliance with the
submitted plans, which are a part of this permit. Any modification to these plans must be
approved by the US Army Corps of Engineers (USACE) prior to implementation.
6. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States.
7. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
RECEIVED
SEP 2 3 2016
DCM- MHD CITY

8. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns
within waters or wetlands or to reduce the reach of waters or wetlands.
9. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
10. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
11. Unless otherwise authorized by this permit, all fill material placed in waters or
wetlands shall be generated from an upland source and will be clean and free of any pollutants
except in trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
12. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
13. The permittee shall require its contractors and/or agents to comply with the terms
and conditions of this permit in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance of
this project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
14. The permittee shall employ all sedimentation and erosion control measures
necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside
the permit area. This shall include, but is not limited to, the immediate installation of silt fencing
or similar appropriate devices around all areas subject to soil disturbance or the movement of
earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973
(North Carolina General Statutes Chapter 113A Article 4).
5

15. The activity will be conducted in such a manner as to prevent a significant increase
in turbidity outside the area of construction or construction -related discharge. Increases such that
the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by
the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all
saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
16. The permittee, upon receipt of a notice of revocation of this permit or upon its
expiration before completion of the work will, without expense to the United States and in such
time and manner as the Secretary of the Army or his authorized representative may direct, restore
the water or wetland to its pre -project condition.
17. Violations of these conditions or violations of Section 404 of the Clean Water Act or
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District
U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation.
RECEIVED
SEP 2 3 2016
DCM- MHD CITY

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RECEIVED
JUL 05 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
JUN 2 4 2616
RECEIVED
JUN 24 2016

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: NC Wildlife Resources Commission
Mailing Address:
Phone Number:
Email Address:
1722 Mail Service Center
Raleigh, NC 27699-1700
[phone]
I certify that I have authorized Audubon North Carolina
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Deposition of sand (db�ged material)
on Ferry Slip and South Pelican Islands within the Cape Fear River.
at my property located at Lower Cape Fear River
Brunswick and New Hanover
in County.
/ furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Pro rty Owne Information:
� AA Signatur
I Pr'nt or Type Name
rr Title
Date
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
RECEIVED
XM WILMINGTON, NC
JUN 24206
This certification is valid through 12 / 31 / 2026

wr-
CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMIAIVER FORM
Name of Property Owner: NG IN AA\11 > t
Address of Property: _tttw 51 lO + �,. ca- Stla .>� rsv` ok Co„„�cs
—Tt or Street #, StreetfGl or Road, City 8 County) 6w
Agent's Name #: WAW C,AA&I- Mailing Address: 77' H Nah-cA- SF.
Agent's phone#: Ito-6$L-IS 2.7 UVA D NL 2`6411-9'iyy
I hereby certify that I own property adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing with dimensions must be provided with this letter.
_'*(0' I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing whilm 10 days of receipt of this notice. Contact information for DCM offices is
available at h_ tWYAvww.nccoastalmanaoement netAveb/cmtstaff-listina or by cal0na 1-1189.4RGonsT
No
same
have
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if
you wish to waive the setback, you must Initial the appropriate blank below.)
I do wish to waive the 15' setback requirement. RECEIVED
I do not wish to waive .thel5' setback requirement. JUL 0 5 2016
pCM- MHD CITY
(Pro arty wne Information) (Riparian Property Owner Information)
K"alu a Signatu e
-1ftIlaf cialdtr MCII SwAtJSDN
Print or Type Name Print or Type Name
771t1 "arlcek S}. U„;k b 5 QT-?vJ. 6290 4- .wm,I tPa,n1. 2a
Mailing Address Mailing Address
hiilw:w n NC,2-W411•yyyy 60uT-1Fbft1-, NC
City/State/Zi Ctty/Stat&Zp rnAt(UGW.C.SwAN6oN`1•epJ�
1.1 910 95}•$zRi / nlrfIL-.mkL
Telephone Number/ Email Address Telephone Number/Email Address
79 S�,.r z416 21 JUr`e Duo b
Date hate HF=CEIVED
(ReWSKMM10INGTON, NC
J U N 2 8 2016

CERTIFIED MAIL RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM
Name of Property Owner M(, If. A A`i; �4
Address of Property
'(Lot or Street #, Street or Road, City 8 County)
Agent's Name # Vj,u .er i,,A-4 �- Mailing Address 3? Sl-.
Agent's phone# S2--7 j;A 11), ,NC 2g411-9 4
I hereby certify that I own properly adjacent to the above referenced property. The individual
applying for this permit has described to me as shown on the attached drawing the development
they are proposing. A description or drawing, with dimensions, must be provided with this letter.
X! I have no objections to this proposal. t have objections to this proposal.
N you have objections to what is being proposed, you must notify the Division of Coastal Management
(DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is
available at http.lAvww,nccoastalmeneoement.net/weh/cni/staff listinu or by calling 1-888-4RCOAST.
No response is considered the same as no objection N you have been notified by Certified Mail.
WAIVER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must
be set back a minimum distance of 16 from my area of npanan access unless waived by me. (If
you wish to waive the setback, you must Initial the appropriate blank below.) RECEIVED
I do wish to waive the 15' setback requirement.
I do not wish to waive the'13' setback requirement.
JUL 0 5 2016
D CITY
(Pro))ty gyyner I ormation)
Y%N
Signaturej
V41dku lndUcr
Print or Type Name
77ttl TAo rltt4 Sl,.
Mailing Address
W i, w • N c 244111444
1444
City/State/Z
glar,�-�sz� I w�,olauFiro.Naub ,,.o�y
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Date
(Riparian W rner Information)
Signature
Print or Type Nome
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Mailing Address
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City/Stateop
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Telephone Number/ Emolif Address
4 2Lf l u
Dare FTECEIVED
(Revis6(7g Wg11JQINGTON, NC
JUN 2 4 2016

Michael F. Easley, Governor
North Carolina
Department of Administration
July 27, 2007
Secretary William G. Ross, Jr.
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Britt Cobb, Secretary
Re: Allocation of Properties in the counties of Dare, Hyde, New Hanover and Onslow to the
Department of Environment and Natural Resources, Wildlife Resources Commission
Dear Secretary Ross:
Pursuant to an agreement between the North Carolina Department of Administration and
the North Carolina Department of Environment and Natural Resources, Wildlife Resources
Commission, and pursuant to the authority vested in me by North Carolina General Statute 143-
341(4)(g), the following described properties (islands) are allocated to the Department of
Environment and Natural Resources, Wildlife Resources Commission, as habitat for colonial
nesting water birds. The locations are described in the attached Exhibit A.
This allocation is made at no cost or consideration to the North Carolina Department of
Environment and Natural Resources, Wildlife Resources Commission.
Si cerely,
II
r1tt Cobb
Ell
Attachments
;CONeSENT� A ED
ss, n, Secr ary r
Department of Environment and Natural Resources
Mailing Address: Telephone: [phone]
1301 Mail Service Center Fax [phone]
Raleigh, NC 27699-1301 State Courier #5 1 -0 1 -00
e-mail [e-mail]
An Equal OpportunitylAffirmative Action Employer
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
JUN 2 4 iuiu
Location Address:
116 West Jones Street
Raleigh, North Carolina
I\U

Exhibit - A
ISLAND INFORMATION
COUNTY/FILE #
NAME
ACREAGE
DESCRIPTION/LOCATION
DARE
28-AAX
Island I
l acre
Upland shrubs, marsh and sand spit
35050.8' @ 75036.3'
28-AAY
Island F
40 acres
Upland shrub marsh
aka ("Orion Island")
35°48.2' @ 35'
28-AAZ
Parnell Island
20 acres
Bare sand
35044.7' @ 75035.9'
28-AAAA
Wells Island
20 acres
Bare sand, upland shrub and grass
habitat
35°43.9' @ 75.36.5'
28-AAAB
Stumpy Point Island
3 acres
Upland shrub, marsh and sand spit
35°41.6' @ 75°45.9'
29-AAAC
Cora June Island
zero
Site is permitted for spoil deposits
up to 12 acres
35013' @ 75042.9'
HYDE
48-R
Big Foot Island
40 acres
Bare sand and upland grasses
35008.8' @ 76000.1'
NEW HANOVER
65-AAAAU
Ferry Slip Island
7 acres
Upland grasses and shrubs
33058.4' @ 77056.6'
65-AAAAV
UNI, Cape Fear River 3
2 acres
Marsh and lowland shrubs
33°59.1' @ 77°56.4'
ONSLOW
67-AAI
Bogue Inlet Shoal
10 acres
Bare sand shoal
34038.8' @ 77007.2'
RECEIVE
.11 '' 0 5 2016
DC,M- 14HD CITY

COOPERATIVE AGREEMENT
between
NORTH CAROLINA WILDLIFE RESOURCES COMMISSION
and
NATIONAL AUDUBON SOCIETY
PURPOSE
The purpose of this Cooperative Agreement is to provide for the
efficient use of available manpower by the North Carolina Wildlife
Resources Commission (Commission) and the National Audubon Society
(Audubon) in protecting and managing coastal islands utilized by
colonial nesting waterbirds in the Lower Cape Fear River of North
Carolina.
GENERAL
1. This Agreement requires close cooperation between officials of the
Commission and Audubon for effective management and protection of
colonial nesting waterbird habitats in Coastal North Carolina.
2.. Amendments to this Agreement may be proposed by either party upon
thirty days written notice to the other and such amendments shall
become effective immediately upon acceptance by the other party.
3. It is mutually agreed that participation in this Agreement may be
terminated at any time by one of the parties upon thirty days
written notice to the other.
4. The nesting areas covered by this agreement include the five
islands in the Lower Cape Fear River which are state-owned and
allocated to the Commission for management purposes.
5. This agreement in no way abrogates any existing or future authority
of the Commission, nor does it authorize any activity other than
those specifically provided for by this agreement on lands
controlled by the Commission without the express written
concurrence and approval of the agency.
6. Both parties agree to share their plans for administration and
management of lands under their control in the Lower Cape Fear
River Region as such plans relate to colonial nesting waterbirds
and to consider comments of the other relative to the plans and
their expected impacts.
RECEIVED
JUL 05 2016 RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY JUN 2 4 ZUIb

The North Carolina Wildlife Resources Commission agrees to:
1. Enforce regulations pursuant to Article 25, Chapter 113 of the
North Carolina General Statutes pertaining to protection of
colonial waterbirds and their nesting areas.
2. Provide signs for posting nesting areas against human disturbance.
3. Allow access by Audubon personnel to those islands owned or
controlled by the Commission in the Lower Cape Fear River for the
purpose of posting nesting areas, protecting the birds or the
nesting habitat, alleviating disturbances to the birds during the
nesting season, or any other necessary activity associated with
implementing the established management and protection plan.
National Audubon Society agrees to:
1. Prior to the nesting season, post those nesting areas covered by
this agreement with signs provided by the Commission and according
to established standards.
2. Include the areas covered by this agreement in their regular
patrols of nesting areas in the Lower Cape Fear River and to take
action in emergency situations to alleviate disturbances to nesting
birds to the extent allowable by law. Enforcement authority of the
Commission is not, nor can it be, delegated to Audubon.
3. Report any violations of wildlife laws or regulations observed to
the Commission's Division of Wildlife Enforcement or its local
representative and to provide testimony in any subsequent court
action that may be required.
CONCLUSIONS
This Agreement is made and entered into on this 31 day of January,
1992.
APPROVED
Charles R. Fullwood, Executive Director Date
N.C. Wildlife Resources Commission
------------
z
National Audubon Society ate
v(cE RECEIVED
JUL 05 2016
DCM- MHD CITY

North Carolina
Department of Administration
James G. Martin, Governor
The Honorable
Department of
Resources
Raleigh, North
February 5, 1992
William W. Cobey, Jr., Secretary
Environment, Health and Natural
Carolina
James S. Lofton, Secretary
Re: Allocation of Property of the Department of
Administration to the Department of Environment,
Health and Natural Resources, Wildlife Resources
Commission, Brunswick, Carteret, Dare, Hyde, New
Hanover, and Pender Counties
Dear Mr. Cobey:
Pursuant to an agreement between the Department of
Environment, Health and Natural Resources and the Department
of Administration and pursuant to the authority vested in me
by the North Carolina General Statutes and by rules adopted
by the Governor with the approval of the Council of State,
the following described property is hereby allocated to the
Department of Environment, Health and Natural Resources for
colonial waterbird nesting sites.
Those certain islands located in the above -
mentioned counties as indicated in yellow on maps
which are herewith made a part of this letter of
allocation. This allocation is made subject to
the perpetual easement of the United States
Government for the Atlantic Intracoastal Waterway
and the perpetual easement of the United States
Government to that area lying within the banks of
the Cape Fear River between Wilmington and
Southport which includes all of the bed of the
Cape Fear River and all. vacant and unappropriated
lands lying within the Cape Fear River.
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
116 West Jones Street • Raleigh, North Carolina 27603.8003 • Telephone [phone]
State Courier 51.Ola RECEIVED
An Equal Opportunity/Af(hma[ive Action Empbyer DCM WILMINGTON, NC

4r. William W. Cobey, Secretary
February 5, 1992
?age 2
Phis allocation is made at no cost or consideration to the
)epartment of Environment, Health and Natural Resources.
Best regards.
sincerely,04�f��
ames S. Lofton
A& I,-t) r2r�%
Secretary, Department of E iro a t,
Health and Natural Resour e
JSL/le
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

MAP D
ATLANTIC OCEAN
V �
DR-000-08
DR-000-01
DR-000-02
C DR-003-04 N.
DR=000-09 G
F DR-000-05 F
i
DR-009-06 E
7�1.1 DR-003-07 d
�
DR-006-02
ORECON INLET
DR-006-08 \
DR-005-01
DR-005-05
O
D� R-005-07
DR-005-06 r
PAMLICO SOUND
DR-007-02
DR-007-04
DR-007-06
DR-007-05
DR-007-00
Q
5 km
pO
P,•D
RECEIVED
JUL 05 2016

HY-009-02
—., MAP 1
N
PAMLICO SOUND
DR-006-10
�j`' DR-009-01
DR-009-00. \
HY-010-02 , ,o\P
IIY-010-00--09 �
IIATTERAS INLP•T
I t
ACO'E
/
OCR �"'
IIY-010-14
11Y—010-15
ATLANTIC OCEAN
1IY-010-18
411—010-17 5 km
RECEIVED
JUL 05 2016
DCM- MHD CITY

A-
0 ®,
PAMLICO
SOUND
IIY-011-07
Il
IIY—011-06
IIY-011-05
P�• /I!Y—011-0g
'^ IIY—010-1 fi
IIY—011-08
CR-012-02
CR-012-23 /
b v
\ OCRACOKE-
INLET
\IIY-011-00 _r rl oai Or
CR-011-02
CR-012-03
CR-012-24
CR-012—01
P��\G OG�P�
�v.
P
MAP J
IIY-OlO-] 0
IIY-010-01
IIY-011-01
5 KM
I .
RECEIVED
JUL 05 2016
DCM- MHD CITY

P A M L I C 0
SOUND
IlY-011-07
N
fly-011-06
IIY-011-05
/IIY-011-0,
0 IIY-010-.1
IIY-011-00 O
CR-012-02
cR-o12-23
\ OCRACOKE
INLET
IIY-011-00
CR-011-02
CR-012-01
CR-012-24 UAJJ�
CR-012-01 /
MAP J
11Y-0111-10
IIY-010-01
IIY-011-01
IVED
a_ JUL 0 5 2016
--

MAP
c A
AAMIACO R-SOUND
I
CR�- 015-019
CR-015-10
CR-o15-14
CR-015-11
Q CR-006-20 CCR-01.1-'03
CR-014-02
012
CEACR-014-1ISI AN1) CR-014-
�y
CR-016-001 G04�
CR-014-11
ATLANTIC �y) CR-016-01
CR-016-04 CR-016-02
0 CR-014-04
O CR-014-07
0
DRUh1 1NLP'1' CR-014-05
CR-014-10/
CR-014-06
ATLANTIC OCEAN
5.km.

CR-014-14I
CR-014-09
CR-014-29\0Q
C26
..�
CIRR-014 -014-27\\may
CR-014-28
DACK SOUND
CR-010-12 ^
/ OR-010-11 0
'CR-017-00 \ CR-017-07 .5,ak
U CR-017-01
CR-017-09
CR-017-02
CII-014-22
CR-010-25 CR-016-22 9 l]{/l
CR-010-20 , V
q CR-017-00
CR-014-25 ty
CR-014-24 GOB
ATLINTIC OCEAN 11
i
CAPE LOOKOUT
2 km
RECEIVED
JUL 0 5 2016
rs

—�'-- MAP S
ATLANTIC OCEAN
l�
�Q ON-026-01
P
NEW RIVEn INLET
ON-026-07
ION-026-06
ON-026-00
ON-026-09
.y
}
SNEADS TERRY
y
ON-027-04 4
ON-027-00
ON-027-06
` ON-027-07 `.
2 Icm
-NC 210
.,yl New/,'f/
i»lei VA
�I
RECEIVED
JUL 05 2016

215 ACR S TOTAL6. 2
6E�rMYC M
.W'IfY, YK
W
s ,
I�
Al
v �,\' 0
k
fn
cp ® It
&VA y ! t6)
� � 7
JY o
It
jv
IV- k `
Je
k
AL /
�C
o �
1 ,
RECEIVED
0 �' �� JUL 05 2016
J1- /�
_ y k _/r \1� - MHQ CITY
OVERLAY OF 5TATE-OWNED LAND fN
r/ �\ VICINITY OF NEW RIVER WLEr, ONSLoW
/ COUNTY, NORTH CAROLINA
/ 60AL6 V'=900' ICOMPILSO8Y R.CARRAWAY
FfOI11µ AERIAL PROT"
DATE. 9.29-f98G wAnSX66T 0[A'85MA
FREPARED 9Y NG COA6rAL MANAE6f46N'(
0 SURVEY UNIT-R•CARRAwAYIL•PRIDDY
U.S.4.S. TOWER NINE- FOR sAr,* PRop.RTY OFPICB
SOMPOSIrF FROM RFCatGS-NOTA f0LOWRVEY

►�r��rv.r%S,
Nj' Snt�-1
RECENED
JUL 0 5 Z016

Environmental
Quality
June 28, 2016
Walker Golder
c/o Audubon North Carolina
7741 Market Street Unit D
Wilmington, NC 28411
Dear Mr. Golder:
PAT MCCRORY
Govemor
DONALD'R."VAND"ER'VAART —
Sarctmy
BRAXTON DAVIS
Dlreetor
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the North Carolina
Wildlife Resources Commission, for State approval for development of the property located at on the Cape Fear River in New
Hanover and Brunswick Counties. It was received complete on 06/24/16, and appears to be adequate for processing atthis time.
The projected deadline for making a decision is 09/07/16. An additional 75-day review period is provided by law when such time
is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from June 24, 2016, you may request a meeting with the Director
of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within
five working days from the receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or
Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field
report and/or comments from reviewing agencies.
Sincerely,
can Farrell
Field Representative
Enclosures
cc: Doug Huggett, DCM
Heather Coats, DCM
Debra Wilson, DCM
Tyler Crumbley, ACOE
Connie Marlowe, Brunswick Co. LPO
Ben Andrea, New Hanover Co.
NC Wildlife Resources Commission, applicant
RECEIVED
JUL 05 2016
DCM- MHD CITY
State of North Cmolina I Faviro m tal Qatity I Coastal Management
127 Cardinal Drive Ext., Wilmington. NC 28405
910-796-7215

AAudubOn NORTH CAROLINA
22 June 2016
Audubon North Carolina
Coast Office and Sanctuaries
7741 Market Street, Unit D
Wilmington, NC 29411-9444
North Carolina Department of Environmental Quality
Division of Coastal Management
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 29405
Dear Sir or Madam,
Enclosed please find an application for the renewal of a permit to place dredged sand on two dredged -material
islands in the Lower Cape Fear River. The project is related to the U.S. Army Corps of Engineers' immediate
need for dredging of the Cape Fear River navigation channel in response to shoaling in the vicinity of Ferry Slip
and South Pelican Islands.
The placement of sand on these islands, which has been permitted and completed on at least three previous
occasions, would restore habitat for North Carolina's nesting shorebirds and waterbirds (Brown Pelicans, Royal
Terns, Sandwich Terns, Gull -billed Terns, and American Oystercatchers), provide for a beneficial use of the
dredged sand, and be a cost-efficient alternative to disposing of sand in other areas.
Due to the need for the immediate removal of shoals that could impede shipping traffic to the Port of
Wilmington and the environmentally beneficial nature of this project, we are respectfully requesting an
expedited review of this permit application.
If you have any questions about this project, please contact me.
S/cer IW'4L
Walker Golder
Deputy Director
CC: David Allen, NC Wildlife Resources Commission
Enclosed:
1. Major Permit application (DCM MP-1)
2. Excavation and Fill application (DCM MP-2)
3. Additional information requested in MP-1, section 6
a. Project narrative
b. Work plat for each island
c. Location map
d. Legal instrument claiming ownership
e. Application fee ($475)
f. Proof of adjacent property owner notification
h. Agent authorization form
RECEIVED
JUL 0 5 2016
DCM MHD CDITY
DCM WILMINGTON, NC
JUN 242016

Appendix 1. CAMA permit #45-03 and application materials.
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
JUN 2 4 2610

>,i
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
erm t
for
Permit Number
45-03
AM
M-22 0�����NN -`"i% �
I��L�Vrr�Y'll 15'' �V
AL Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
% Excavation and/or filling pursuant to NCGS 113-229
Issued to NC Wildlife Resources Commission 512 N. Salisbury St., Raleigh NC 27604
Authorizing development in New Hanover & Brunswick County at Cape Fear River at Ferry Slio Island and
South Pelican Island , as requested in the permittee's application dated 1/2/03 (MP-1-1) & 1_ M3
(MP-2), including attached the workman drawings (2) both dated 2/28/03
This permit, issued on April 1, 2003 is subject to compliance with the application (where consistent
with the permit), all applicable regulations,. special conditions and notes set forth below. Anv violation of these terms may
oe suolect to Imes, imprisonment or civil action; or may cause the permit to be null and
Bird Island Renourishment
1) This permit authorizes the renourishment and enlargement of the two existing islands, Ferry Slip and
South Pelican, to the extent that neither becomes larger than seven acres. All work shall be done as
expressly and specifically set forth in the permit application and as depicted on the attached workplan
drawings. This permit does not authorize the construction of any new islands. .
2) The material used to renourish the islands will be clean and free of any pollutants except in trace
quantities.
RECEIVED
3) No vegetated wetlands will be excavated or filled.
JUL 05 2016
(See attached sheet for Additional Conditions)
ims perm n 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 Division approval.
All work must cease when the permit expires on
December 31, 2006
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 DENR and the
Chairman of the Coastal Resources Commission.
v
DcbffD. Moffitt, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Appendix 1. CAMA permit #45-03 a?d application materials.
Form DCM-MP-1
• 2ECEIVEU
l ®� JAN 0 6 2003
APPLICATIO,
(To be completed by all applicants) l�lT:
b. City, town, community or landmark
Cape Fear River near Ft. Fisher
1. APPLICANT
c. Street address or secondary road number
N/A
a. Landowner:
NamC Wildlife Resources Commission d' Is Proposed work within city Iimits or planning
jurisdiction? Yes _ XX_ No
Address 512 iV. Salisbury Street
City Raleigh State NC
Zip27604 Day Phone [phone]
David Allen
Fax
b. Authorized Agent:
Name Audubon North Carolina
Address 3806 B Park Avenue
CityWiimington State NC
Zip-28403 Day Phone [phone]
Fax [phone]
c. Project name (if any) Colonial Waterbird
Islands. Cie Fear River
AVU PMndr r u be "awd M name ajtmdorner(ri, and/or
PMjee name.
2. LOCATION OF PROPOSED
PROJECT
a. County New Hanover & Brunswick
Revised 03M
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Cape Fear River
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
None_
b. Is the proposed activity maintenance of an existing
project, new work, or both? maintenance
c. Will the project be for public, private or commercial
use? Conservation
Af-
d. Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Maini'enance and
r ora ion of nesling hanitat
for colonial waterbirds on 2
existing dredcred-materialislands
Sand will be } 1 anerl on I reyi on ly
used disposal areas and contrnllec
using control of effluent method.
1=:G
JUL 05 2016
DCM- MHD CITY

W
Appendix 1. CAMA permit #45-03 and application materials.
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract_ 7 Acrps warn
b. Size of individual lot(s) c:/A
c. Approximate elevation of tract above MHW or
NWL 2-10 feet above mhw
d. Soil type(s) and texture(s) of tract
unconsolidated sand
e. Vegetation on tract low grasses and
other non —woody vegetation
f. Man-made features now on tract None
g. What is the CAMA Land Use Plan land
classification of the site? (ronmu the local land we plan.)
XX Conservation _ Transitional
_ Developed _ Community
Rural _ Other
h. How is the tract zoned by local government?
i. Is the proposed project consistent with the applicable
zoning? XX Yes _ No
(Aaach zodne compliance arnifnaam, if applicable)
j. Has a professional archaeological assessment been
done for the tract?=X Yes _ No
If yes, by whom? Tidewater Atlantic
Research
Jr. is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes XX No
1. Are there wetlands on the site? _2�y;Yes No
Coastal (marsh) XX Other
If yes, has a delineation been conducted? vp
(Aunch d—w-ria^. ryava"k) see attachment
m. Describe'existing wastewater treatment facilities.
None
n.. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industeW/commercial effluent, "wash
down' and residential discharges.) Control of
effluent method will be used.
P uent will be directed to the
channel side of the islands.
o. Describe existing drinking water supply source.
iJ/A
5. ADDITIONAL INFORMATION
In addition to the completed application form, thr
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, 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.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ins on an 8 1f2" by 11" wbite paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prim or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel un t the area to the
6tIVED
JUL 05 2016
ReriRd0319S DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
Form ACM -MP -I
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has been provided.
Name N(' Pat-] _ F.stnarinp Ra Saarn'n
Address Wilmincrton, NC 28409
Phone [phone]
Re
Name Military Ocean Terminal Sunny
AddresSouthport, NC 28461-5000
Phone [phone]
Name
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
State Permit 4126-91
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Ad (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
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.
S I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Ptpermit application and follow-up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the 2nd day of Jan. , W 2Q03
Print Name Walker Golder Ae uduu�on DYrTr
ecto
Signature
or AWtwriud Agew .
Please indicate attachments pertaining to your proposed
project.
DCM MP-2
Excavation and Fill Information
DCM MP-3
Upland Development
_^ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM M -6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
RECEIVED
JUL 05 2016
Revised 03195
DCM- MHD CITY

VC,
Appendix 1. CAMA permit #45-03 and application materials.
RECEIVED
JUL 05 2016
DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
Form DCM-MP-2
EXCAVATION-
AND FILL
(Except bridges and culverts) -
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
A+erW Fiml
Existing Project
Access
channel
(� (MLW) or (NWL)
Canal
Boat
basin
Boat
ramp .
Rock
groin
Rock
breakwater
Other
(Excluding
ahorclino
stabilization)
i
Revised 03195
. a
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards up to 150 , 000
per island from Wilm. Har}�or dProject
b. Type of material to be excavated an
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAW) or other wetlands? _ Yes XX No
d. Highground excavation in cubic yards None
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area see attachment
b. Dimensions of disposal area maximum of 7
acres Per, island
c. Do you claim tide to disposal area?
XX Yes No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? x z Yes _ No
Ifyes,where? On each -island as
indicated on the attached map
RECEIVED
JUL 05 2016
DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
W1
Form DCM-MF-2
e. Does the disposal area include any coastal wetlands If yes,
(marsh), SAVs or other wetlands? (1) Amount of material to be placed in the
Yes XX No water a%11✓4f)/
(2) Dimensions of fill area see attacment
f. Does the disposal include any area in the waterl Eaci island not to exceed 7ac
✓ Yes i No (3) Purpose of fillHabitat restoration
W
i-3r-r'3
b. Will fill material be ,placed in coastal wetlands
NSA 3. SHORELINE STABILIZATION ia/A (marsh), YAAVs orother No elands?
es X
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
d. Maximum distance waterward of MHW or NWL
a. How will excavated or fill material be kept on site
e. Shoreline erosion during preceding 12 months and erosion controlled? Control of efflue-t
(Sourm of infor icn)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X_ Yes No
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
tvdraulic dredue and small
bulldozers
c. Will wetlands be er:,ssed in transporting equipment
to project site? _ Yes XX No
If yes, explain steps that will be taken to lessen
environmental impacts.
NC Wildlife Resources Comm.
Colonial Fes
Ap_J'Lv. oe ject N -
sig"
—3 -03
RECEIVED
JUL 0 5 2016
Revised 03I95
DCM- MHD CITY

,
Cka l4.�N-%�Tµ
' � {•: a / h t ....:f.4 u.l� , ,iS L� . 1�['1T'RS�.�e'IeM

Colonial Waterbird Islands, Cape Fear River
Borth Carolina Wildlife Resources Commission
\udubon NortF wolina

Iel
Appendix 1. CAMA permit #45-03 and application materials.
Cape Fear River
Colonial Waterbird Islands Project
A Proposal to Restore Waterbird Nesting Habitat
on Two Existing Islands in the
Lower Cape Fear River
This supporting material was prepared by:
James F. Parnell,
Professor Emeritus, Department of Biological Sciences, University of North
Carolina at Wilmington,
And
Walker Golder RECEIVED
Deputy Director, Audubon North Carolina
JUL U 5 2016
DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
The lower Cape Fear River is one of tfie State of Noi-ih Carolina's most
important nesting areas for colonial waterbirds. Five islands from Snows Cut to
Southport support thousands of wading birds, terns, pelicans and gulls. All of these
islands have been designated "Important Birds Areas" because of their significance
to waterbird populations in North Carolina and North America. These islands are
protected and managed by the NC Wildlife Resources Commission and Audubon
North Camlina. . "'
Colonial waterbirds have nested on islands in the Cape Fear River between
Wilmington and Southport since at least the 1930s when a heron colony on Battery
Island was first reported (Pearson et al. 1942). Ground nesting gulls and terns were
first reported nesting on dredged -material islands in 1970 when Soots and Parnell
(1975) first began regular surveys of these birds along the North Carolina coast.
Royal Terns, Sandwich Terns, and Laughing Gulls have nested on islands in the
river each year since 1970. Brown Pelicans first nested on Cape Fear River islands
in 1980 and have nested each year since (Parnell and Shields 1990).
During the years since 1970, pelicans, terns and gulls have attempted to nest
on several islands between Snow's Cut and Southport. Their nesting activities are
now confined primarily to three islands, Ferry Slip Island, South Pelican Island and
North Pelican Island (Figure 1). Two of these islands, Ferry Slip and South Pelican,
have been periodically renourished with dredged sand provided by the US Army
Corps of Engineers as part of dredging operations in the Cape Fear River channel.
This dredged sand is essential to maintaining early succession habitat required by
nesting terns, gulls and pelicans. The third island, often called North Pelican Island,
consists of marsh and shrub thickets suitable for nesting wading birds and pelicans
and has been maintained as such.
Early succession habitat consists of bare sand and/or shell, or sand and/or
shell with sparse, scattered vegetation. Ferry Slip Island and South Pelican Island
have been the only suitable islands with early -succession habitat, required by
species such as Royal and Sandwich Terns, in southern North Carolina and provide
the only suitable nesting sites for these species between Cape Lookout, NC and
Cape Romain, SC. In order to maintain these islands as suitable nesting habitat for
colonial waterbirds, periodic renourishment with dredged sand is required. There
are no other islands in the Cape Fear River suitable as nesting sites for these birds
and there are no suitable alternative nesting sites between Cape Lookout and CapeRECEIVED
Romain.
Ferry Slip Island and South Pelican Island have not received dredged sand in JUL 0 5 2016
the past 10 years. According to Management of North Carolina's Colonial t�C M _ M H D CITY
Waterbirds, these sites should receive new dredged sand every 5 years in order
maintain suitable habitat for Royal and Sandwich Terns (Parnell and Shields 1990).
As a result, both island are now overgrown with vegetation and no longer have

Appendix 1. CAMA permit #45-03 and application materials.
.
41
suitable early succession habitat. The lack of suitable habitat for Royal and
Sandwich terns has resulted in a 50% decline ig the number of nesting pairs of these
species in the past few years. In order to maintain these nesting sites, periodic
renourishment of both islands is essential.
In 1991, NC Division of Cbastal Management permit #126-91was issued for
the maintenance and periodic renourishment of Ferry Slip and South Pelican
Islands. This permit expired on December 31, 1994. The only change proposed in
this permit application and the conditions of the previous permit granted forthe
project is that the elevation of the islands should not exceed 18 feet above mean
high water.. This increase of 3 feet above mean high water will allow for greater
capacity if needed in the future.
In summary, both Ferry Slip and South Pelican Islands are critical to the well being
of significant populations of several species of colonial waterbirds, Periodic
renourishment and maintenance of these islands is of critical importance. This will
ensure that adequate nesting habitat for these waterbirds will be available for many
years.
Literature cited
Parnell, L F. and M.A. Shields. 1990. Management of North Carolina's colonial
waterbirds. UNC Sea Grant Publication UNC-SG-90-03, Raleigh, NC.
Pearson, T. G, C. S. Btimley and H. H. Brimley. 1042. Birds of North Carolina.
Bynum Publishing Co., Raleigh, NC.
- Soots, R. F. and J. F. Parnell. 1975. Ecological succession of breeding birds in
relation to plant succession on dredge islands in North Carolina UuNC Sea
Grant Publication UNC-SG-75-27, Raleigh, NC.
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
Project:. Colonial Waterbird Islands, Cape Fear River
North Carolina Wildlife Resources Commission
Audubon North Carolina
Vegetation within the proposed sand disposal area consists of various grasses and
herbaceous vegetation. A small area of marsh dominated by Spartinaalterniora is
present on the eastem side of the island, as indicated on the map. No other wetland
vegetation or SAV is present. The marsh and intertidal areas associated with the
marsh will not be impacted. All sand and effluent will be controlled and directed
away from the marsh and associated intertidal areas. Dredged sand will be placed
on South Pelican Island (previously used as a disposal area) and will be controlled
using bulldozers to construct berms, which will allow material to be directed to the
desired locations and away from sensitive areas (commonly referred to as "control
of effluent" method). The island will be returned to a maximum of 7 acres above
mhw and to an elevation not to exceed 18 feet. / ECEI VED
JUL 05 2016
DCNI_ MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
Project: Colonial Waterbird Islands, Cape Fear Nver
North Carolina Wildlife Resources Commission
Audubon North Carolina
mhw
South Pelican Island
Cape Fear River
North
Cape Fear Riv"_�,
0-mrt COrflg-"ion
eleva im6-8'
Pmpmed CcdigzaHan RECEIVED
max.elevaticn18'
JUL 05 2016
mt� `�- DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
Project; Colonial Waterbird Islands, Cape Feq—River
North Carolina Wildlife Resources Commission
Audubon North Carolina
Vegetation consists of low grasses and non -woody vegetation. No marsh, other
wetland vegetation, or SAV is present. The adjacent intertidal and open water area
is primarily medium to coarse sand. The entire island is proposed as a sand disposal
area for maintenance and restoration of colonial waterbird nesting habitat. Dredged
sand will be placed on Ferry Slip Island (previously used as a disposal area) and
will be controlled using bulldozers to construct berms, which will allow material to
be directed to the desired locations and away from sensitive areas (commonly
referred to as "control of effluent" method). The island will be returned to a
maximum of 7 acres above mhw and to an elevation not to exceed 18 feet.
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
Project: Colonial Waterbird Islands, Cape Fear River
North Carolina Wildlife Resources Commission-
Audubon North Carolina
Ferry Sib) Island
Cape FearRiver
North
Current Configuration
elevation"'
m qv
Proposed Configuration
max. elevation 18'
m iW
(.—,,o OrvJnmiau a"gVY
Cape Fear River —110
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
l
April 15, 2003
Regulatory Division
Action ID No. 200300466 and State Permit No. 45-03
North Carolina Wildlife Resources Commission
512 North Salisbury Street
Raleigh, North Carolina 27607
Dear Madam or Sir:
Reference your application for a Department of the Army permit to maintain and restore
the nesting habitat for colonial water birds by depositing dredge. spoils on two (2) existing
dredged islands (Ferry Slip and South Pelican Island) in the Cape Fear River between Fort Fisher
and Southport, Brunswick County, North Carolina . .
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may t:ommence construction
activity in strict accordance with applicable State authorization and the approved plan (enclosed).
Failure to comply with the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any 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
North Carolina Division of Coastal Management priorto 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 me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
FILE NAME:cl32-300466.doc
Sincerely, CESAW-RG--I// R&s./s/
MAIL /-tywl• / $ • a 3 CESAw-RJi1�Ir RECEIVED
Henry Wicker, Project Manager
Wilmington Regulatory Field Office JUL 0 5 2016
Enclosure DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
Copies Furnished (without enclosure):
Mr. John Domey
Division of Environmental Management
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Ronald J. Mikulak, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
2
Mr. Garland B. Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-5726
Mr. Ron Sechler
National Marine Fisheries Service.
Pivers Island
Beaufort, North Carolina 28516
Mr. David Rackley.
NMFS, Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RECEIVED
JUL 05 2016
DCM- MHD CITY

Appendix 1. CAMA permit #45-03 and application materials.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402•1890
REPLY TO
MENTION OR
Permit Number: 200300466Brunswick
Permittee: North Carolina Wildlife Resources Commission
Issuance: April 15, 2003
Project Manager: Henry Wicker
Upon completion of the activity authorized by this permit and any mitigation required by
the permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
W112 INGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890 .
WILMWGTON, NORTH CAROLINA 28402-1890
Please note that your permitted activity is subject to a compliance inspection by a U. S.
Army Corps of Engineers representative. If you fail to comply with this permit you are
subject to permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been
completed in accordance with the terms and condition of the said permit, and required
mitigation was completed in. accordance with the permit conditions.
Signature of Permittee
Date
RECEIVED
JUL 05 2016
DCM- MHD CITY

Aopen�-x 2: Division of Water Quality approval of 401 Water Quality Certification for permit #45-03.
QF W ATF9
`0 OG Michael F. Easley, Governor
h r William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 28, 2003
N.C. Wildlife Resources Commission
c/o David Allen
512 N. Salisbury Street
Raleigh, NC 27604
SUBJECT: Approval of401 Water Quality Certification
and Additional Conditions
Colonial Waterbird Islands, Cape Fear River
DWQ Project N 030263
New Hanover County
Dear Mr. Allen:
You have our approval, in accordance with the attached conditions (WQC # 3371) to conduct the
following activity at two existing spoil islands located in the southern portion of the Cape Fear River.
This approval allows you to:
1). Place approximately 150,000 cubic yards of habitat suitable spoil material on the two existing
islands from maintenance excavation in the adjacent river channel (Wilmington Harbor Project).
This approval is only valid for the purpose and design that you described in your CAMA application
received by the Division of Water Quality (DWQ) on March 11, 2003. After reviewing your application,
we have determined that General Water Quality Certification Number 3371 covers this activity. This
Certification allows you to use your CAMA Permit when the NC Division of Coastal Management issues
it. Please keep in mind that there may be additional Federal, State or Local regulations applicable to your
project, such as (but not limited to) Sediment and Erosion Control, Non -Discharge and Water Supply
Watershed regulations and Coastal Stormwater. In addition, this approval will expire when the
accompanying CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your CAMA Major
Permit application received by the Division of Coastal Management on January 6, 2003. If you change or
modify your project, you must notify the Division (DWQ) in writing and you may be required to send us a
new application for a new certification. If the property is sold, the new owner must be given a copy of the
Certification and approval letter and is thereby responsible for complying with all conditions. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in I SA NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed below:
1). The attached Certificate of Completion (CDC) must be submitted to the Division upon final
construction of the site.
2). Turbidity must not exceed 25 NTU outside of the project area.
RECEIVED
JUL 05 2016
DCM— MHD CITY
N. C. Division of Water Qualny 127 Cardinal Drive Extension [phone] Cuslooner service E 1 V E D
Warrington Regional Off" Warrington, NC 29405 [phone] Fax [phone] DC �NO2C. VTMINGTGN, NC
JUN 2
4 `chin

AppencQx 2: Division of Water Quality approval of 401 Water Quality Certification for permit #45-03.
Page Two
Mr. Allen
DWQ Projeet #030263
March 28, 2003
Please notify this Office at the number listed below if any problem arises during the construction of the
project that may affect water quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #030263 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900.
Sincerelyl,
- -u _
� .t/�/
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3371
Certificate of Completion
cc: fine — wow"
Corps of Engineers Wilmington Field Office — Henry Wicker
WiRO- Noelle Lutheran
401/Wetland Unit, Central Office — Cyndi Karoly
CAMA — Jason Dail
CAMA Raleigh — Doug Huggett
Central Files
RECEIVED
JUL 0 5 2M
DCM- MHD CITY

,ppendix,3: Divipion of Land Resources letter of approval for Sedimentation and Erosion Control Plan for #45-0f
,MRY.21.2004 10:36AM NCDENR WIRO 110.922 .P.2
State of North Carolina
Departmedt of environment
( f Natural Resources r
b 1Imington Regional Office Se +"�"t�
Division oft Resources N`�y DENR
Land Quality Section
NC GP.w",I �DC�WTmr oP
Michael F. Easley, Governor ENMR NMENTMD tl/7Un� R"OURCea
William G. Ross Jr., Secretary
April 8, 2003
LETTER OF APPROVAL .
National Audobon Society -NC RECEIVED
`ECEI -V
ED
Mr, Welker Golder, Deputy Director
3806-6 Park Ave JUL O 5 2016
Wilmington, NC 28403
Project Name: Colonial Waterbirds Island, Cape Fear Rh'®C M- M H DI'll
Project No.: NH�03207
Location: Cape Fear River -Now Hanover County
River Basin: Cape Fear
Submitted by: National Audobon Society
Date Received: March 11, 2003
Revised Submittal
Dear Mr. Golder:
This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be acceptable
and hereby Issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan
approval shall expire three (3) years fallowing the date of approval, it no land -disturbing activity has been undertaken,
as is required by Title 15A NCAC 43.0029.
Please be advised that Title I SA, of the North Carolina Administrative Code. 4B4O018(a) requires that a copy
of the approved plan be an file at the job site. Also, you should consider this letter to give the Notice required by GS
113A-61(a) approved plan. The last page(s) which lists approval comments should be copied and attached to the
North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of the
natural resources and adjoining properties. If, following the commencement of this project, it is determined that the
erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statute 113A-61 thru 66), this office may require revisions to the plan and its
implementation to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with federal and state
water quality laws, regulations, and rules. In particular, if wetlands are effected by this land disturbing activity, the
provisions of the Clean Water Act as mandated by the Environmental Protection Agency must be edhered'to. In
addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not
supersede any other permit or approval.
Please be aware that if five acres are to be disturbed by this project, you will be covered by the enclosed
general storm water permit NCGO1000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Rrsponsibilhy Form which you provided . You are requested to file an amended form if there is any change
in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting
date for this project.
127 Cardinal Drive Bztemion, Wilndngmn, N.C. 29405-3845. 1b1ephoac 910-395.3900 9 Fax [phone]

,ppendix 3: Diviaion of Land Resources letter of approval for Sedimentation and Erosion Control Plan for #45-0, 1
03/22/2803 11:31 .9107988034 AUDLGBN NC PAGE 03
Mr, Welker Golder
8, 2003 .
Two
We look forward to working with you on this project If you have I ly questions, please contact our office,
Sincerely,,
Carol N. Miller, CPESC' -
Assistant Regional Engineer -
RECEIVED
JUL 0 5 2016
DCM- MHD CITY.
127 Cardin) 1Mva Earension, Wilmington, N.G 284054945 o Tel.0m, •10-395.3M•➢M 910-350-3004
An Pa" Oonorlunity AM=ulw Aetion Ere Oyu

,ppendix.3: Division of Land Resources letter of approval for Sedimentation and Erosion Control Plan for #45-Of
MRY.21.2004 10:37AM NCDENR WIR0 N0.922 P.3
Page 1 of 2
PROJECT NAME: Colonial Waterbirds Island, Cape Fear River
PROJECT NUMBER: NH-03207
LOCATION: Cape Fear River- New Hanover County
RIVER BASIN: Cape Fear
SUBMITTED BY: National Audobon Society
DATE RECEIVED: March 11, 2003
1. This plan approval shall expire three (3) years following the date of approval, if no land disturbing
activity has been undertaken, as is required by Title 15A NCAC 4B.0029.
2_ The developer is responsible for the control of sediment on -site. If the approved erosion measures
prove insufficient, the developer must take those additional steps necessary to stop erosion from
leaving this site. Each sediment storage device must be inspected after each storm event.
Maintenance and/or clean out is necessary anytime the device is at 50% capacity.
3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted. The removal of vegetation within any existing ditch or channel
is prohibited unless the ditch or channel is to be regraded with side slopes of 2 horizontal to 1 vertical
or less steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work
and is subject to the same erosion control requirements as new ditches.
( 1. The developer is responsible for obtaining any and all permits and approvals necessary for the
l development of this project prior to the commencement of this land disturbing activity. This could
include agencies such as the Divis)on of Water Quality's stormwater regulations, their enforcement
requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers'
jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA
requirements, the Division of Solid Waste Management's landfill regulations, the Environmental
Protection Agency and/or The U, S. Army Corps of Engineers jurisdiction of the Clean Water Act,
local County or Municipalities' ordinances, or others that may be required. This approval cannot
supersede any other permit or approval; however, in the case of a Cease and Desist Order from the
Corp of Engineers, that Order would only apply to wetland areas. All highland would still have to be
in compliance with the N.C. Sedimentation Pollution Control Act.
5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the
• developer is responsible for compliance with the requirements of the Division of Water Quality, the
Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control
measures that fall within jurisdictional wetland area must be approved by the aforementioned agencies
prior to installation or our Section must be notified of a relocation of the measures in question to the
transition point between the wetlands and the highlands to assure that the migration of sediment will
not occur. If that relocation presents a problems or contradicts any requirements of DWQ, the Corps
or the EPA, it is the responsibility W the developer to inform the Land Quality Section regional office
so that an adequate contingency plan can be made to assure sufficient erosion control remains on
site. Failure to do so will be considered a violation of this approval.
Any borrow material brought onto this site must be from a legally operated mine or other approved
source. A single use borrow site or an area to waste material is only permissible if it is operated under
total control of the Financially Responsible person or firm who is developing this site, is located on
or adjacent to this site, and has been incorporated as part of this plan. RECEIVE
JUL 0 5 2016
DCM- MHD CITY

,ppendix 3: Division of Land Resources letter of approval for Sedimentation and Erosion Control Plan for #45-0:
hW.21.2004 10:37 I NCDENR WIRO
Page 2 of 2
NO.922 PA
This permit allows for a land disturbance, as called for on the application plan, not to exceed 14.0
acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and
additional application fee. Any addition in impervious surface, over that already noted on the
approved plan, would also require a revised plan to verify the appropriateness of the erosion control
measures and stormwater retention measures.
B. The North Carolina Sedimentation Pollution Control Act mandates a shortened time frame in which
to reestablish vegetative groundcover. Slopes (including cuts, fills, and ditch banks) left exposed will,
within IS working days or 30 calendar days (whichever is the shorter) after completion of any phase
of grading, he planted or otherwise provided with groundcover sufficient to permanently restrain
erosion.
RECEIVED
JUL 05 2016
DCM- MHD CITY

CERTIFICATE OF PLAN APPROVAL
The posting of this certificate certifies that an erosion and sedimentation control plan
has been approved for this project by the North Carolina Department of Environment
and Natural Resources in accordance with North Carolina General Statute 113A - 57 (4)
and 113A - 54 (d) (4) and North Carolina Administrative Code, Title 15A, Chapter
4B.0007 (c). This certificate must be posted at the primary entrance of the job site
before rmtruction beginsanduntil establishment.of permanent groundcover as
..;. oa 6� Nnrth Carolina Administrative Code, Title 15A, Chapter 4B.0027 (b).
Project Name and Location
Date of Plan Approval
o NCDENR

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03,
RECEIVED
DCM WILMINGTON, NC
QFwnrF9 JUN 2 4 2016
�l 0 Michael F. Easley
�Q G Governor
y r William G. Ross Jr., Secretary
y North Carolina Department of Envin n nent and Natural Resources
O <
Gregory J. Thorpe, Ph.D., Acting Director
DMsion of Water Quallly
NPDES STORMWATER DISCHARGE PERMIT
FOR CONSTRUCTION ACTIVITIES
Regulations adopted by the US Environmental Protection Agency (US EPA) and by the North Carolina Division of Water
Quality require that a National Pollutant Discharge Elimination System (NPDES) permit be obtained for stormwater
discharges from construction activities with land disturbance of 5 or more acres (1 or more acres after March 10, 2003).
This permit is in addition to your approved erosion and sedimentation control plan approval. The Division of Water Quality
is delegated by the US EPA to administer the NPDES permit program in North Carolina. You have been given a copy of
this General Permit and coverage under this general permit because your project is subject to these NPDES permitting
requirements. You must comply with the applicable terms and conditions of this General Permit and you are
subject to enforcement by the Division of Water Quality for any violations of the General Permit. It is not
necessary to file a Notice of Intent to be covered by this General Permit nor to receive a Certificate of Coverage from the
Division of Water Quality. If you do not wish to be covered by this general permit you may make application to the
Division of Water Quality to be covered under an individual stormwater NPDES permit.
Description of Provisions
The General Permit is tied to an approved Erosion and Sedimentation Control Plan issued by the North Carolina Division
of Land Resources, or an approved Local Program. Adherence to the Erosion and Sedimentation Control Plan is an
enforceable component of the General Permit. The General Permit not only requires adherence to the approved Erosion
and Sedimentation Control Plan, but also includes other limitations and controls. Some of the major items are outlined
below.
• Coverage - The permit covers projects that disturb 5 or more acres of land until March 10. 2003 when this threshold
will be dropped to cover projects disturbing one or more acre of land.
• Inspections - The pernittee must inspect all erosion and sedimentation control facilities and also must observe
runoff at stomlwater discharges in accordance with the general permit (see Part I Section B for specific frequencies,
etc.). Discharges to certain impaired waters require more frequent inspections.
• Records - Records of inspections must be maintained with a copy of the approved Erosion and Sedimentation
Control Plan at the project she. An example of a potential inspection log is attached for your use.
• The General Permit has other provisions that address areas that could effect stormwater runoff from construction
activity that are not a part of an erosion and sedimentation control plan. These areas are addressed in Part I
Section A. of the General Permit and include matters such as demolition debris, chemical usage, and oil spills that
may contaminate stormwater runoff on a construction she.
Please note that there are other provisions in the permit and you should read and become familiar with all of these
conditions.
If You Have Questions About the General Permit
Questions concerning the General Permit requirements can be addressed to the Division of Water Quality Regional
Office. Office locations and phone numbers are as follows:
Asheville Regional Office.........
828/251-6208
Fayetteville Regional Office......
910/486.1541
Mooresville Regional Office......
704/663-1699
Raleigh Regional Office...........
919/571-470o
Washington Regional Office......
252M46-8481
Wilmington Regional Office.......
9101395.3900
Winston-Salem Regional Office...
336/771.4600
Central Office .........................
919/733.5083
For more information regarding the Programs of the Division of Water Quality, Stornwater and General Permits Unit, see
our home page at: http://h2o.enr.stats.nc.uslsuistormwater.html
wA
®DENR oc+aoer20of
Customer Service Division of Water Qualify 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
1 800 6E3.7749
RECEIVED
JUL 0 5 2016
DCM- MHD

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
STORMWATER INSPECTIONS FOR GENERAL PERMIT NCG010000— LAND DISTURBING ACTIVITIES
MONITORING FOR THE WEEK
RAINFALL:
Date Amotmt Inhilh
Of (Inches)
Rain
By this signature, 1 certify (in accordance with Part II
Section B, 10 of the NCGO10000 permit) that this report is
accurate and complete to the best of my knowledge:
(Signature of Permitee or Designee)
EROSION AND SEDIMENTATION CONTROL FACILITIES INSPECTED: (At least once [twice, if on 303(d) listed stream for construction related parameters-]
Facility
Identification
Dale of
i lion
Operating
Pro rf (Y/N)
r seven calendar s within hoursa rainfall of 0.5 inches er 24 hours)
Describe corrective actions taken (may need to attach additional information)
id
OBSERVATIONS OF RUNOFF AT STORMWATER DISCHARGE OUTFALLS: (At least once [twice, if on 303(d) listed stream for construction related parameters •]
Stormwater
Discharge
outran
IdenOnmtion
Date
Clarity
platin`
soBds
Suspended
Solids
00 sheen
Other obvious
Indicators of
&died l7r
arm
pollution
(IM & dsribe)
er seven calendar
Visible
sediment
�g
the site?
(Y�
des s Or within 24 hours of a
Ryes, describe actions taken to
prevent future releases
(may need to attach additional
information)
rainfall of 0.5 inches r 24 bouts)
Describe measures taken to clan up
sediment outside of the disturbed
limits
(may need to attach additional
information
�larity: Choose the number which Fist describes the clarity of the discharge where I is clear and 10 is very cloudy
Dating Solids: Choose the number which best describes the amount of floating solids in the discharge where 1 is no solids and 10 the surface is covered in floating solids
`'.. uspended Solids: Choose the number which best describes the amount of suspended solids in the discharge where 1 is no solids and 10 is extremely muddy
C' ^Dil Sheen: Is there an oil sheen in the stormwater discharge? Y or N
0 ran,
303(d) listed streams for construction related parameters — The latest approved list may be obtained from the Division of Water Quality, or from the following website location:
N http://h2o.enr.stwe.nc.uslsulcomtraclion3O3d
0
m
0

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
19 i "0152011) llErau
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT
TO DISCHARGE STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended,
All owners or operators of stormwater point source discharges associated with construction
activities including clearing, grading and excavation activities resulting in the disturbance of land
are hereby authorized to discharge stormwater to the surface waters of North Carolina or to a
separate storm sewer system conveying stormwater to the surface waters.
The General Permit shall become effective on October 1, 2001.
The General Permit shall expire at midnight on September 30, 2006.
Signed this day October 1, 2001.
-cam
Grego h e, Ph.D Acting Director
Divisi of ater Quality
By the Au ority of the Environmental Management Commission
RECEIVED
JUL 0 5 2016
Page I of 20 Pages DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
PERMITTED ACTIVITIES
Until this permit expires or is modified or revoked, the permittee is authorized to discharge
stormwater which has been adequately treated and managed in accordance with an approved
Erosion and Sedimentation Control Plan by the North Carolina Division of Land Resources,
Land Quality Section, or a delegated local program under the provisions and requirements of
North Carolina General Statute 113A - 54.1 to the surface waters of North Carolina or to a
separate storm sewer system. All discharges shall be in accordance with the attached schedules
as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
Part II: Standard Conditions
Any other point source discharge to surface waters of the state is prohibited unless covered by
another permit, authorization or approval. The discharges allowed by this General Permit shall
not cause or contribute to violations of Water Quality Standards. Discharges allowed by this
permit must meet applicable wetland standards as outlined in 15A NCAC 2B .0230 and .0231
and water quality certification requirements as outlined in 15A NCAC 2H .0500.
This permit does not relieve the permittee from responsibility for compliance with any other
applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
General Permit Coverage
This General Permit is applicable to point source discharges from construction activities
disturbing five acres of land prior to March 10, 2003. As of March 10, 2003, this permit will be
applicable to point source discharges of stormwater from construction activities disturbing one or
more acres of land. The submission of a proposed Erosion and Sedimentation Control Plan to
the Division of Land Resources or delegated local program shall be considered to take the place
of a Notice of Intent for coverage under this General Permit for those projects requiring this
Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the Erosion and Sedimentation Control Plan by the Land Quality Section of the
Division of Land Resources or delegated local program. Prior to the commencement of
construction and land disturbing activities approval of the Erosion and Sedimentation Control
Plan shall be obtained.
Any owner or operator not wishing to be covered or limited by this General Permit may make
application for an individual NPDES permit in accordance with NPDES procedures in 15A
NCAC 2H .0100, stating the reasons supporting the request. Any application for an individual
permit should be made at least 180 days prior to the time the permit is needed .
This General Permit does not cover activities or discharges covered by an individual NPDES
permit until the individual permit has expired or has been rescinded. Any person conducting an
activity covered by an individual permit but which could be covered by this General Permit may
request that the individual permit be rescinded and coverage under this General Permit be
provided. RECEIVED
Page 2 of 20 Pages JUL 05 2%
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
PART
MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER
DISCHARGES
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater associated with construction activity. Such
discharges shall be controlled, limited and monitored as specified below.
Prior to the commencement of construction, the permittee shall submit for approval a
Erosion and Sedimentation Control Plan (plan) to the Department of Environment, and
Natural Resources, Division of Land Resources, Land Quality Section, (or an approved
local program) pursuant to the requirements of NC G.S. 113A-54.1 and in conformity
with rules adopted by the North Carolina Sedimentation Control Commission.
The Permittee shall implement the plan, which has been approved by the approval
authority. The approved plan is considered a requirement or condition of this general
permit. Deviation from the approved plan, or approved amendment to the plan, shall
constitute a violation of the terms and conditions of this general permit except that
deviation from the approved plan will be allowed (1) to correct an emergency situation
where sediments are being discharged off the site or (2) when minor modifications have
been made for the purpose of improving the performance of the erosion and
sedimentation control measures and notification of the minor modification has been made
to the Division of Land Resources (or approved local program). Such a deviation from
the approved plan shall be noted on the approved plan maintained at the job site. During
active construction, a copy of the approved plan shall be maintained on the site.
3. Equipment utilized during the construction activity on a site must be operated and
maintained in such a manner as to prevent the potential or actual pollution of the surface
or ground waters of the state. Fuels, lubricants, coolants, and hydraulic fluids, or any
other petroleum products, shall not be discharged onto the ground or into surface waters.
Spent fluids shall be disposed of in a manner so as not to enter the waters, surface or
ground, of the state and in accordance with applicable state and federal disposal
regulations. Any spilled fluids shall be cleaned up to the extent practicable and disposed
of in a manner so as not to allow their entry into the waters, surface or ground, of the
state.
4. Herbicide, pesticide, and fertilizer usage during the construction activity shall be
consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
Page 3 of 20 Pages
RECEIVED
JUL 05 2016
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
5. All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
6. The Petmittee shall control the management and disposal of litter and sanitary waste from
the site such that no adverse impacts to water quality occur.
RECEIVED
JUL 05 2016
Page 4 of 20 Pages
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCG010000
SECTION B: MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Water Quality.
All erosion and sedimentation control facilities shall be inspected by or under the
direction of the permittee at least once every seven calendar days (at least twice every
seven days for those facilities discharging to waters of the State listed on the latest EPA
approved 303(d) list for construction related indicators of impairment such as turbidity or
sedimentation") and within 24 hours after any storm event of greater that 0.5 inches of
rain per 24 hour period. A rain gauge shall be maintained on the site and a record of the
rainfall amounts and dates shall be kept by the permittee.
(** The latest approved list may be obtained from the Division of Water Quality, or from
the following website location: http://h2o.enr.state.nc.uslsulconstruction3O3d)
2. Once land disturbance has begun on the site, stormwater runoff discharges shall be
inspected by observation for stormwater discharge characteristics as defined below at the
frequency in #1 above to evaluate the effectiveness of the pollution control facilities or
practices. If any visible sedimentation is leaving the disturbed limits of the site,
corrective action shall be taken immediately to control the discharge of sediments outside
the disturbed limits.
Stormwater Discharge
Characteristics
Monitoring
Type I
Monitoring
Location2
Clarity
SDO
Floating Solids
SDO
Suspended Solids
SDO
Oil Sheen
SDO
Other obvious indicators
of stormwater pollution
SDO
Footnotes:
1 Monitoring Type: The monitoring requires a qualitative observation of each
stormwater outfall. No analytical testing or sampling is required.
2 Sample Location: Stormwater Discharge Outfall (SDO)
3. The operator shall keep a record of inspections. Visible sedimentation found outside of
the disturbed limits shall be recorded and a brief explanation kept with the records as to
the measures taken to control future releases. Any measures taken to clean up the
sediment that has left the disturbed limits shall also be recorded. These records shall be
made available to DWQ or authorized agent upon request.
Page 5 of 20 Pages
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
SECTION C: SCHEDULE OF COMPLIANCE
The permittee shall comply with Final Limitations and Controls specified for stormwater
discharges once disturbance has begun on the site and until completion of construction or
development and the establishment of a permanent ground cover..
2. During construction and until the completion of a construction or development and the
establishment of a permanent ground cover, the permittee shall provide the operation and
maintenance necessary to operate the storm water controls at optimum efficiency.
RECEIVED
JUL 0 5 2016
Page 6 of 20 Pages DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
PART II
STANDARD CONDITIONS
SECTION A: DEFINITIONS
1. Act or "the Act" or CWA
Permit No. NCG010000
The Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 USC 1251, et. seq.
2. Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other
management practices to prevent or reduce the pollution of waters of the United States.
BMPs also include treatment requirements, operation procedures, and practices to control
plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw
material storage.
3. DWO or Division
The Division of Water Quality, Department of Environment, and Natural Resources.
4. Director
The Director of the Division of Water Quality, the permit issuing authority.
5. EMC
The North Carolina Environmental Management Commission.
6. Permittee
The person who signed as the financially responsible party on the Erosion and
Sedimentation Control Plan.
7. Point Source Discharge
Any discernible, confined and discrete conveyance, including but specifically not limited
to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, or concentrated animal feeding operation from which pollutants are or may be
discharged to waters of the state.
8. Administrator
The Adminstrator of the U. S. Environmental Protection Agency. RECEIVED
Page 7 of 20 Pages JUL 05 2016
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03,
Permit No. NCGOl000O
M
SECTION B: GENERAL CONDITIONS
1. Duty to Comply.
The permittee must comply with all conditions of this general permit. Any permit
noncompliance constitutes a violation of the Clean Water Act and is grounds for:
enforcement action; certificate of coverage termination, revocation and reissuance, or
modification; or denial of a certificate of coverage upon renewal application.
(a) The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the CWA within the time
provided in the regulations that establish these standards or prohibitions or standards for
sewage sludge use or disposal, even if the permit has not yet been modified to incorporate
the requirement.
(b) The Clean Water Act provides that any person who violates section 301, 302, 306,
307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any
such sections in a permit issued under section 402, or any requirement imposed in a
pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $27,000.per day for each violation. The Clean
Water Act provides that any person who negligently violates sections 301, 302, 306, 307,
308, 318, or 405 of the Act, or any condition or limitation implementing any of such'
sections in a permit issued under section 402 of the Act, or any requirement imposed in a
pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject
to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not
more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than
$50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any
person who knowingly violates sucksections, or such conditions or limitations is subject
to criminal penalties of $5,000 to $56,000 per day of violation, or imprisonment for not
more than 3 years, or both. In the case of a second or subsequent conviction for a
knowing violation, a person shall be subject to criminal penalties of not more than
$100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any
person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any of such sections in a permit
issued under section 402 of the Act, and who knows at that time that he thereby places
another person in imminent danger of death or serious bodily injury, shall, upon
conviction, be subject to a fine of not more than $250,000 or imprisonment of not more
than 15 years, or both. In the case of a second or subsequent conviction for a knowing
endangerment violation, a person shall be subject to a fine of not more than $500,000 or
by imprisonment of not more than 30 years, or both. An organization, as defined in
section 309(c)(3XB)(iii) of the CWA, shall, upon conviction of violating the imminent
danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions.
(c) Under state law, a daily civil penalty of not more than ten thousand dollars
($10,000) per violation may be assessed against any person who violates or fails to act in
Page 8 of 20 Pages
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Pemut No. NCGO10000
accordance with the terms, conditions, or requirements of a permit. [Ref: NC General
Statutes 143-215.6A).
(d) Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition
or limitation implementing any of such sections in a permit issued under section 402 of
this Act. Administrative penalties for Class I violations are not to exceed $11,000 per
violation, with the maximum amount of any Class I penalty assessed not to exceed
$27,500. Penalties for Class II violations are not to exceed $11,000 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty
not to exceed $137,500.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge in
violation of this general permit which has a reasonable likelihood of adversely affecting
human health or the environment.
Civil and Criminal Liabilitv
Except as provided in Section C. of this permit regarding bypassing of stormwater control
facilities, nothing in this general permit shall be construed to relieve the permittee from
any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-
215.3, 143-215.6A, 143-215.6B, 143-215.6C or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily
suspended.
4. Oil and Hazardous Substance Liabilitv
Nothing in this general permit shall be construed to preclude the institution of any legal
action or relieve the permittee from any responsibilities, liabilities, or penalties to which
the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for effective compliance may
be temporarily suspended.
5. Proverty Rights
The issuance of this general permit does not convey any property rights in either real or
personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or
local laws or regulations.
6. Severability
ECElVED
JUL 0 5 2016
Page 9 of 20 Pages DCM_
►4HC CITy

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
The provisions of this general permit are severable, and if any provision of this general
permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder
of this general permit, shall not be affected thereby.
Duty to Provide Information
The permittee shall furnish to the Director, within a reasonable time, any information
which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this
general permit or to determine compliance with this general permit. The permittee shall
also furnish to the Director upon request, copies of records required to be kept by this
general permit.
When an Individual Permit may be Required
The Director may require any owner/operator authorized to discharge under a certificate
of coverage issued pursuant to this general permit to apply for and obtain an individual
permit or an alternative general permit. Any interested person may petition the Director
to require an individual permit pursuant to 15A NCAC 2H .0127. Cases where an
individual permit may be required include, but are not limited to, the following:
a. The discharger is a significant contributor of pollutants;
b. Conditions at the permitted site change, altering the constituents and/or
characteristics of the discharge such that the discharge no longer qualifies for a
General Permit;
C. The discharge violates the terms or conditions of this general permit;
d. A change has occurred in the availability of demonstrated technology or practices
for the control or abatement of pollutants applicable to the point source;
e. Effluent limitations are promulgated for the point sources covered by this general
permit;
f. A water quality management plan containing requirements applicable to such
point sources is approved after the issuance of this general permit.
g. The Director determines at his own discretion that an individual permit is
required.
9. When an Individual Permit may be Requested
Any permittee operating under this general permit may request to be excluded from the
coverage of this general permit by applying for an individual permit. When an individual
RECEIVED
Page 10 of 20 Pages JUL 05 2016
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCG010000
permit is issued to an owner/operator the applicability of this general permit is
automatically terminated on the effective date of the individual permit.
10. Signatory Requirements
a. All applications, reports, or information submitted to the Director shall be signed and
certified as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for
the corporation, or (b) the manager of one or more manufacturing production or
operating facilities provided the manager is authorized to make management
decisions which govern the operation of the regulated facility including having the
explicit or implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager
can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position
of plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative
may thus be either a named individual or any individual occupying a named
position.); and
(3) The written authorization is submitted to the Director.
C. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification:
RECEIVED
Page I 1 of 20 Pages JUL 0 5 2016
DCIVI_ MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
"I certify, under penalty of law, that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing
violations."
11. General Permit Modification. Revocation and Reissuance or Termination
The issuance of this general permit does not prohibit the Director from reopening and
modifying the general permit, revoking and reissuing the general permit, or terminating
the general permit as allowed by the laws, rules, and regulations contained in Title 40,
Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-
215.1 et. seq.
RECEIVED
JUL 05 2016
Page 12 of 20 Pages DCM- MHD CITY

.Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this general permit.
2. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this general permit.
3. Bypassing of Stormwater Control Facilities
a. Definitions
(1) 'Bypass" means the intentional diversion of stormwater from any portion of a
stormwater control facility including the collection system, which is not a
designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property,
damage to the control facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be
expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
b. Bypass Not Exceeding Limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to
be exceeded, but only if it also is for essential maintenance to assure efficient operation.
These bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice within 24 hours of an
unanticipated bypass as required in Part II, E. 3.(b)(1) of this general permit. (24-
hour notice).
d. Prohibition of Bypass RECEIVED
JUL 0 5 2016
Page 13 of 20 Pages DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
Bypass is prohibited and the Director may take enforcement action against a permittee
for bypass, unless:
(1) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(2) There were no feasible alternatives to the bypass, such as the use of auxiliary
control facilities, retention of stormwater or maintenance during normal periods of
equipment downtime or dry weather. This condition is not satisfied if adequate
backup controls should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during normal periods
of equipment downtime or preventive maintenance; and
(3) The permittee submitted notices as required under Paragraph c. of this section.
The Director may approve an anticipated bypass, after considering its adverse effects, if
the Director determines that it will meet the three conditions listed above in Paragraph d.
of this section.
4. Upsets
a. Definition
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based pemrit effluent limitations because of factors
beyond the reasonable control of the perrttittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed treatment
or control facilities, inadequate treatment or control facilities, lack of preventive
maintenance, or careless or improper operation.
b. Effect of an Upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with
technology based permit effluent limitations if the requirements of paragraph c. of this
condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final
administrative action subject tojudicial review.
C. Conditions Necessary for a Demonstration of Upset
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
2) The permitted facility was at the time being properly operated; and
RECEIVED
Page 14 of 20 Pages JUL 05 2016
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCG010000
(3) The permittee submitted notice of the upset as required in Part 11, E. 3. (b) (2) of
this general permit.
(4) The permittee complied with any remedial measures required under Part II, A. 2.
of this general permit.
d. Burden of Proof
In any enforcement proceeding the pemuttee seeking to establish the occurrence of an
upset has the burden of proof.
RECEIVED
JUL 05 2016
DCM- MHD CITY
Page 15 of 20 Pages

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
SECTION D: MONITORING AND RECORDS
2.
4.
5.
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of
the volume and nature of the permitted discharge. Samples shall be taken on a day and
time that is characteristic of the discharge. All samples shall be taken before the
discharge joins or is diluted by any other waste stream, body of water, or substance. .
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
general permit shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person
under this paragraph, punishment is a fine of not more that $20,000 per day of violation,
or by imprisonment of not more than 4 years, or both.
Records Retention
The permittee shall retain records of all monitoring information and copies of all reports
required by this general permit, for a period of at least 5 years from the date of the
sample, measurement, report or application. This period may be extended by request of
the Director at any time.
Recording Results
For each measurement, sample, inspection or maintenance activity performed or taken
pursuant to the requirements of this general permit, the permittee shall record the
following information:
a. The date, exact place, and time of sampling, measurements, inspection or
maintenance activity;
b. The individual(s) who performed the sampling, measurements, inspection or
maintenance activity;
C. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
Inspection and Entry
RECEIVED
JUL 05 2016
Page 16 of 20 Pages
DCM- MHD CITY

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), or in the case of a facility
which discharges through a municipal separate storm sewer system, an authorized
representative of a municipal operator or the separate storm sewer system receiving the
discharge, upon the presentation of credentials and other documents as may be required
by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of this
general permit;
b. Have access to and copy, at reasonable times, any records that must be kept under
the conditions of this general permit;
C. Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
general permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring general
permit compliance or as otherwise authorized by the Clean Water Act, any
substances or parameters at any location.
RECEIVED
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Page 17 of 20 Pages

Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
SECTION E: REPORTING REOUIREMENTS
1. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned
physical alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the
quantity of pollutants discharged. This notification applies to pollutants which are
subject neither to effluent limitations in the general permit, nor to notification
requirements under 40 CFR Part 122.42 (a) (1).
2. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with the general permit
requirements.
3. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
perminee becomes aware of the circumstances.
The written submission shall contain a description of the noncompliance, and its causes;
the period of noncompliance, including exact dates and times, and if the noncompliance
has not been corrected, the anticipated time it is expected to continue; and steps taken or
planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the general
permit.
(2) Any upset which exceeds any effluent limitation in the general permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed
by the Director in the general permit to be reported within 24 hours. r
C. The Director may waive the written report on a case -by -case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24 hours.
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Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCG010000
4. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in any
report to the Director, it shall promptly submit such facts or information.
Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section
308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms
shall be available for public inspection at the offices of the Division of Water Quality. As
required by the Act, discharge data shall not be considered confidential. Knowingly
making any false statement on any such report may result in the imposition of criminal
penalties as provided for in NCGS 143-215.6B or in Section 309 of the Federal Act.
6. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to
be maintained under this general permit, including monitoring reports or reports of
compliance or noncompliance shall, upon conviction, be punished by a fine of not more
than $10,000 per violation, or by imprisonment for not more than two years per violation,
or by both.
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,Appendix 4: NPDES Stormwater Discharge General Permit for Construction Activities for permit #45-03.
Permit No. NCGO10000
SECTION F: LIMITATIONS REOPENER
This general permit shall be modified or alternatively, revokeo and reissued, to comply with any
applicable effluent guideline or water quality standard issued of appr- ved under Sections 302(b)
(2) (c), and (d), 304(b) (2) and 307(a) of the Clean Water Act, if the ffluent guideline or water
quality standard so issued or approved:
a. contains different conditions or is otherwise more stringent than any effluent
limitation in the general permit; or
b. controls any pollutant not limited in the general permit.
The general permit as modified or reissued under this paragraph shall also contain any other
requirements in the Act then applicable.
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Page 20 of 20 Pages

naix 5: iyjoz tnvironmental /Assessment and 4Ul (o) ('I) evaluation.
ENVIRONMENTAL ASSESSMENT
I
DCM WILM NGTON, NC FOR
it IKI 9 1 '11119
RESTORATION OF THE CAPE FEAR RIVER
PELICAN ISLANDS
NEW HANOVER AND BRUNSWICK COUNTIES, NORTH CAROLINA
C'
N
SOut tip o or
Q�
FERRY SLIP ISLAND
OLD ROYAL TERN ISLAND
RECEIVED
DCM WILMINGTON, NC
RECEIVED JUN 2 4 2010'
JUL 0 5 2016
DCM- MHD CITY
US Army Corps
of Engineers
Wilmington District
DECEMBER 1982

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
ENVIRONMENTAL ASSESSMENT
FOR
RESTORATION OF THE CAPE FEAR RIVER
PELICAN ISLANDS
NEW HANOVER AND BRUNSWICK COUNTIES, N.C.
Responsible lead agency is the U.S. Army Engineer District, Wilmington.
Abstract. Two islands in the lower Cape Fear River are utilized as nesting
areas by the brown pelican (Pelecanus occidentalis) and other species of
colonially nesting waterbirds. The islands were created over 10 years ago
with dredged material. Since their creation these islands have been
steadily eroding and one of them, the Old Royal Tern Island, has eroded to
the point where nests are threatened during storm events. The Wilmington
District, Corps of Engineers, proposes to restore these islands with dredged
material beginning with disposal on the Old Royal Tern Island early in 1983.
Alternatives include different methods of disposal, different sources of
material, disposing on the Ferry Slip Island first, creating an entirely new
island, and no action.
SEND YOUR COMMENTS TO THE
DISTRICT ENGINEER BY:
_ 10 JAN 1983
i
If you would like further
information on this assessment
please contact:
Mr. William F. Adams
U.S. Army Engineer District,
Wilmington
PO Box 1890
Wilmington, NC 28402
Commercial Telephone:
[phone]
FTS Telephone: [phone]
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
ENVIRONMENTAL ASSESSMENT
FOR
RESTORATION OF THE CAPE FEAR RIVER
PELICAN ISLANDS
NEW HANOVER AND BRUNSWICK COUNTIES, N.C.
TABLE OF CONTENTS
Item Page No.
INTRODUCTION l
1.00 SUMMARY 1
1.01 Majar Conclusions and Findings 1
1.02 Areas of Controversy 2
1.03 Unresolved Issues 2
1.04 Relationship of the Project to Environmental
Requirements 3
2.00
PROJECT DESCRIPTION
4
3.00
AUTHORITY
5
4.00
ALTERNATIVES
6
4.01 Alternative Disposal Methods
6
4.02 Alternative Sources of Material
7
4.03 Timing of Depositions
7
4.04 Creation of New Islands
8
4.05 No Action
8
5.00
IMPACTS ON SIGNIFICANT RESOURCES
8
5.01 Fishery and Benthic Resources
8
5.02 Water Quality and Bottom Sediments
9
5.03 Cultural Resources
10
5.04 Endangered Species
l0
5.05 Colonial Waterbirds
11
6.00 COORDINATION 11
6.01 Coordination to Date II
6.02 Required Coordination 11
6.03 Recipients of This Assessment 12
REFERENCES 13
ATTACHMENT A FINDING OF NO SIGNIFICANT IMPACT
APPENDIX A REPRODUCTIVE SUCCESS OF BROWN PELICAN NESTING
IN NORTH CAROLINA FROM 1978 THROUGH 1981
APPENDIX B 404(b)(1) (PL 95-217) EVALUATION
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
INTRODUCTION
This project is being undertaken by the Wilmington District, Corps of
Engineers in response to the need for improved nesting conditions for the
brown pelican (Pelecanus occidentalis), a federally listed endangered
species, and other colonially nesting waterbirds. The District is
undertaking this project under the directive issued in Section 7(a) of the
Endangered Species Act of 1973, as amended, which directs federal agencies
to "utilize their authorities in furtherance of the purposes of this Act by
carrying out programs for the conservation of endangered and threatened
species..."
The brown pelican currently nests in two locations in North Carolina. One
colony, located on a small island behind Ocracoke Inlet, has been in
existence many years and appears to be fairly stable in its breeding
success. The Ocracoke colony represents the northernmost nesting site in
eastern North America. The other colony, located in the lower Cape Fear
River, became established in 1978 and occupies two small dredged material
islands. These islands were created by the Corps of Engineers during
maintenance dredging of the Wilmington Harbor navigation channel in 1971.
While the nesting colony is relatively new, it has steadily increased in
numbers of birds and has become a stronghold for the species in the State.
It is the lower Cape Fear River colony that is the subject of the management
proposal contained in this document. Both of the islands being used by the
Cape Fear colony are eroding and the southernmost of the two, called the Old
Royal Tern Island, has eroded to the point where it is subject to overwash
when tides and weather conditions are right. The northern island, called
the Ferry Slip Island, is also eroding but the impact thus far has been far
less. The locations of the islands are shown on figure I.
Other species which nest on these two islands include Royal terns, Sandwich
terns, Gull -billed terns, Black skimmers, and Laughing gulls. The nesting
situation for these species has also deteriorated in recent years. Four of
the island nesting sites in the lower Cape Fear River identified by Parnell
and Soots (1979) have fallen into disuse due eithei to erosion or to
advanced vegetation succession. As these islands became unsuitable, the
displaced birds moved primarily to the Ferry Slip Island creating a
situation of intense competition for a%ailable nesting space. It is hoped
that implementing the actions proposed in this document will hold the line
against any further deterioration in the situation and that the maintenance
of stable populations of all colonially nesting waterbirds can be achieved.
1.00 SUMMARY
1.01 Major Conclusions and Findings. It has been concluded that the
restoration of the islands utilized for breeding by the brown pelican, a
federally listed endangered species, and other colonially nesting waterbirds
will be performed utilizing dredged material from the maintenance of the
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
o
4 C`
N w /
> /C oroI na
O
beach
O
M
_M
V o
2
0
FERRY SLIP ISLAND
Proposed D P
NCDred ing D �41
N �
Southport Q� OLD ROYAL TERN ISLAND
GP Proposed Disposal Area
�r7 .
0
CAPE FEAR
5 km
RECEIVED
FIGURE 1 JUL 05 2016
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
Wilmington Harbor ship channel. Work will begin on the Old [loyal Tern
Island early in 1983 with dredged material being deposited by the control -
of -effluent method. Work on the Ferry Slip Island will occur at a future
date with the source of material and its method of deposition to be worked
out among concerned interests at that time. This project will benefit the
brown pelican and is consistent with the intent of the Endangered Species
Act of 1973, as amended. Impacts on aquatic resources of the area should be
minor due to the small size of the project and the short period of time
necessary for construction.
1.02 Areas of Controversy. The only area of controversy associated with
this project concerns the control -of -effluent method of disposal which is
not normally permissible under State regulation. In this case it has been
determined that the benefits to endangered species outweigh the anticipated
adverse impacts to the aquatic system and that the project is therefore in
the public interest.
1.03 Unresolved Issues. There are no unresolved issues.
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
1.04 Relationship of the Project to Environmental Requirements.
Federal Policies Island Restoration No Action
National Historic Preservation Full compliance Not applicable
Act of 1966, as amended
National Environmental Policy
Partial compliance
1/
Not
applicable
Act of 1969
Clean Water Act of 1977
Partial compliance
2/
Not
applicable
Coastal Zone Management Act
Partial compliance
3/
Not
applicable
of 1972, as amended
Endangered Species Act of 1973,
Full compliance
Non-compliance
as amended
Fish and Wildlife Coordination
Full compliance
Not
applicable
Act
EO 11988, Flood Plain Management
Full compliance
Not
applicable
EO 11990, Protection of Wetlands
Full compliance
Not
applicable
ate Policies
Coastal Area Management Act
Partial
Compliance
3/
Not
applicable
of 1974
N.C. Dredge and Fill Law, N.C.
Non-compliance
Not
applicable
Gen. Stat, 113-229
Local Policies
Island
Restoration
No
Action
New Hanover County Land Use Plan
Partial
compliance
3/
Not
applicable
Brunswick County Land Use Plan
Partial
compliance
3/
Not
applicable
1/ Full compliance when the Finding of No Significant Impact is signed.
2/ Full compliance when water quality certificate (PL 95-217, Sec. 401)
is issued by the State of North Carolina.
3/ Full compliance when the N.C. Office of Coastal Management concurs in
the Corps of Engineers consistency determination.
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
2.00 Project Description. The Corps of Engineers is proposing to take
immediate action to restore one of two islands in the lower Cape Fear River
critical to the North Carolina population of the endangered brown pelican
and other colonially nesting waterbirds and is proposing the concept of
undertaking similar actions to maintain both islands by similar methods ds
nesting sites in future years. These islands are shown in figure 1.
The Old Royal Tern Island will be restored utilizing dredged material taken
from the Wilmington Harbor ship channel which lies immediately to its west.
All work will be done in conjunction with routine maintenance dredging.
Dredged material will be placed on the island by a pipeline dredge utilizing
the control -of -effluent method of disposal. This method entails the use of
a bulldozer to create a small berm thereby directing the flow of the dredged
effluent in a desired direction and allowing a greater period of time for
solids to settle out. On the Old Royal Tern Island this berm will be
created on its eastern shore in order that the effluent will be directed
back toward the channel. Approximately 30,000 cubic yards of material will
be placed on the island increasing its areal size from 1.5 acres to about 4
acres (all acreage figures are for land exposed above mean high water).
This increase in size will accrue on the islands western shore. The height
of the island will also be increased. Presently the highest elevation on
the island is about. 1-foot MHW (mean high water). This will be increased to
about 6 feet MHW. Throughout the disposal operation the bulldozer will
remain on the island in order to maintain the berm and shape the material.
Once dredged material disposal has ceased, the bulldozer will shape the
islands topography so that it will have a generally flat crown with gently
sloping sides to the water line. The project is currently scheduled to take
place during February 1983 and will take less than a week for all
construction activities. Actual deposition of material will take only 2 or
3 days.
The Ferry Slip Island is also in need of material as it is now only about
2.5 acres in size and is undergoing rapid erosion; however, dredged material
will not be placed on this island for several years as care needs to be
taken to assure that both islands are not disturbed within too short a span
of time. Since different species of waterbirds require differing amounts of
vegetative cover for nesting purposes, the conversion of both islands to
bare sand through dredged material deposition would evict some species. The
source of dredged material and method of disposal to be used on the Ferry
Slip Island have not been worked out with concern•,d agencies and individuals
at this time. Details of the Ferry Slip Island restoration and all other
nourishment activities will be worked out through careful coordination in
the future.
Future restoration efforts have not been scheduled at this time. Deposits
of material will be on an as needed basis currently projected to be
approximately once every 8 or 9 years for the Old Royal Tern Island and once
every 11 or 12 years for the Ferry Slip Island.
This project should not be construed as setting a precedent for the use of
control -of -effluent in other parts of the river or the State. Evidence
currently available indicates that the impacts normally associated with this
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation,
disposal method can be quite severe, and that its use should only be
undertaken if the sediments to be dredged are suitable and the concerns of
all interested resource management agencies can be adequately addressed.
This project is being undertaken solely for the benefit of the btuwn pelican
and other colonially nesting waterbirds and not for the purposes of
disposing of dredged material. As such, it is a special case, and it is
felt that use of control -of -effluent disposal is warranted.
It is felt by the Wilmington District that action on behalf of the brown
pelican and other colonially nesting waterbirds in the region is justified
now for the following reasons:
a. The Old Royal Tern Island has eroded to the point that any nests
placed on it are subject to washing out during storm events.
b. There is still enough material left on the island to leave control -
of -effluent as a viable option. if delay is incurred then the only option
left may be open water disposal or expensive sandbag dikes as the island may
be completely gone before next dredging in the area takes place.
c. The brown pelican is a federally listed endangered species (Federal
Register 10/13/70; 12/2/70) which is recovering. in North Carolina its
numbers have increased substantially in recent years largely due to the
establishment of the lower Cape Fear River colony. Ultimate loss of this
colony due to island erosion would be a substantial setback for the species
in North Carolina.
d. All the facts necessary to make a decision are available now.
Nothing will be gained by waiting any longer while much will be lost.
3.00 AUTHORITY. The proposed project is being undertaken as a part of the
routine maintenance dredging of the Wilmington Harbor project. The project
has a long history of authorizations and modifications which are summarized
below.
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
Acts Work Authorized Documents
July
3, 1930
30' x 300' channel to Wilmington; anchorage
R&H
Com. Doc.
basin, 2,000' long; turning basin, 600' x
39/71/2
1,000'
Mar.
2, 1945
Increase width of existing channel to 400';
HD
131/76/1
increase width of turning basin to 800'; a
12' x 100' connecting channel with the
Intracoastal Waterway
Do
Increase depth to 32'
SO
83/76/1
Do
25' x 200' channel from Hilton Bridge
SD
170/76/3
to a 600' wide basin, 1-1/4 miles above
May
17, 1950
Increase depth of bar channel to 35', river
HD
87/81/1
1
channel to 34' to Castle Street
Oct.
23, 1962
Increase width of bar channel to 500' and
SD
114/87/2
depth of river channel to 38' up to Castle
Street
Mar. 10, 1964 Enlarge basin and extend channel above Detailed_Proj.
Sec. 107 Hilton Bridge Rept., Feb 17,
July 14, 1960 1964
The current proposal is being undertaken under the directive given in
Section 7(a) of the Endangered Species Act of 1973, as amended, which
directs Federal agencies to utilize their authorities to carry out programs
for the conservation of listed species.
4.00 ALTERNATIVES. Alternatives to the proposed project include different
methods of disposal, different sources of material, altered timing of
depositions, creation of entirely new islands, and no action. A discussion
of the components of these various alternatives follows.
4.01 Alternative Disposal Methods. Several methods of disposal were given
consideration. In selecting a disposal method, the goal was to achieve a
method which would: 0 ) protect estuarine resources, (2) provide the
desired nesting area, and was (3) implementable from an institutional stand-
point. The alternative of constructing dikes and grading them after comple-
tion of dredged material disposal met criteria I and 2 above but failed to
meet criteria 3. The State of North Carolina pays all diking costs
associated with the routine maintenance of the Wilmington Harbor project but
is unable to accommodate such additional costs as suitable disposal areas
are already available for retaining dredged material. In like manner, the
Corps of Engineers does not normally pay diking costs and does not have
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
sufficient funds available or the authority to construct the necessary dike.
At current construction costs it would cost approximately $114,000 to
construct a sandbag dike and $47,500 to construct a conventional dike (1,900
linear feet). When the costs of grading the conventional dike are added,
that alternative becomes even more cost prohibitive.
Open water disposal was given consideration as the gently sloping mounds
which result from that type of disposal are considered ideal for colonial
waterbird nesting. The adverse impacts of this alternative on the estuary
were considered unacceptable, however, as the dredged material, being
uncontrolled, can disperse into productive bottoms and sloughs and can
greatly effect the productivity of the aquatic system.
Control -of -effluent was selected as the disposal method to be used as it
satisfies, at least partially, all three of the above mentioned criteria.
Although the impacts of this disposal method are greater than those
associated with diked disposal, at least some measure of control is exerted
over its impacts. In this case the dredged material will be directed back
toward the ship channel and will be kept away from the productive slough and
bottoms which lie to the east. By keeping a bulldozer on the island during
disposal operations to maintain the effluent controlling berm, the island
can be properly shaped to provide suitable nesting topography for nesting
waterbirds. Institutionally, the project is implementable as no diking
costs are incurred and, while such disposal is normally forbidden by State
regulation, it is permissible in cases where the overriding public interest
is clear. For future depositions, all methods of disposal will again be
analyzed, and the method to be used will be determined through coordination
with resource management agencies on a case by case basis.
4.02 Alternative Sources of Material. The primary concern in obtaining
material for the project is in finding an area which needs to be dredged
which contains primarily coarse to medium grain sand. In this case this was
an easy requirement to satisfy as the ship channel immediately adjacent to
the Old Royal Tern Island contains shoal material composed of such sands.
As this requirement was so easily met, no alternative sources of dredged
material were seriously studied. For future depositions it is assumed that
this source will be used repeatedly for work on the Old Royal Tern Island.
The dredged material source(@) for future depositions on the Ferry Slip
Island have not been determined, however, possible areas include the ship
channel adjacent to the island and the lower reach of the south entrance
channel to the Military Ocean Terminal at Sunny Point (MOTSU).
4.03 Timing of Depositions. All deposition of dredged material will occur
during [he established dredging window (l October through 31 March). This
will serve a dual purpose in that it will avoid severe impacts on the
estuary and will assure that all construction work on the islands will be
completed prior to the colonial waterbird breeding season. Alternatives to
disposing during the dredging window offer no advantages and were therefore
not considered further.
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
Scheduling of future depositions on the Ferry Slip Island and on the Old
Royal Tern Island has not taken place. These future depositions are to be
on an as needed basis only in order to alleviate to the maximum extent
possible any impacts on the estuarine system and are, therefore, not
entirety predictable. Scheduling depositions offers the advantage of
enhancing the predictability of impacts but removes much of the beneficial
flexibility of the proposal. It is possible that dredged material will be
needed very infrequently and under these circumstances a scheduled
deposition could cause unnecessary impacts both on the aquatic system and on
the nesting birds. Based on the erosion which has occurred to date, it
would appear that disposal on the Old Royal Tern Island will probably be
necessary about once every 8 or 9 years, while disposal on the Ferry Slip
Island will be even less frequent, perhaps only once every 11 or 12 years.
4.04 Creation of New Islands. Consideration was given to creating new
islands in the lower Cape Fear River in areas less susceptible to erosion.
The advantage of such a plan would lie in the reduction of the requirements
for future deposition of dredged material and, subsequently, a reduction in
future disturbance to the aquatic system. The disadvantages of such a plan
are, however, significant. In an area of the river which is sheltered and
would not offer an erosive climate to an island, the values to benthic
organisms and fishes is much greater due to the stability of the system.
The long-term impact of island construction on the aquatic system is
therefore much greater as high quality habitat would be permanently removed.
Also, by obviating the need for disposal on an island, vegetation succession
would go unchecked and the island would eventually become unsuitable to the
species it was designed to benefit. Due to these drawbacks, creation of a
new island(s) was dropped from further consideration at this time.
4.05 No Action. Under this alternative the conditions which threaten the
future viability of the brown pelican colony in the lower Cape Fear River
would go unchecked. Under these circumstances it is projected that the Old
Royal Tern Island will have eroded away within the next 5 years and the
Ferry Slip Island within the next 10 years. These projections are estimates
only. The remaining useful life of these islands will be determined to a
large extent by the frequency and intensity of storm events. What will
happen to the brown pelican and other colonially nesting waterbirds should
these islands erode away is not known. There are no other islands in the
lower Cape Fear River which offer suitable nesting habitat and good nesting
sites are not common elsewhere in southeastern North Carolina. The birds
will, however, be forced to move somewhere. This alternative is considered
unacceptable by the Corps as a lack of action will, in all probability,
adversely affect the species.
5.00 IMPACTS ON SIGNIFICANT RESOURCES
5,01 Fishery and Benthic Resources. The waters of the lower Cape Fear
River support a diverse and valuable fishery. While none of the area to be
affected by this project is classified as primary nursery area, it could be
considered to be a secondary nursery area as it supports large numbers of
juvenile shrimp, crabs, and finfish. This portion of the river is a
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Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
important commercial fishing area for blue crabs and shrimp during certain
times of the year. Finfish which inhabit the estuary including spot,
flounder, bluefish, trout, sheepshead, pigfish, and croaker support both
commercial and recreational fisheries. Previous studies (COE, 1975)
indicate that polychaetes and oligochaetes dominate the benthic fauna of the
proposed project area. These benthic creatures constitute an important food
source for a variety of fish species at high tide and shore birds at low
tide.
Control -of -effluent disposal of dredged material can adversely affect fishes
and benthic organisms through various mechanisms such as gill clogging due
to turbidity, smothering and burial of immobile species and through the
direct.conversion of estuarine bottom to high ground. Impacts of this
project, however, are expected to be minimal as: (a) the time required for
disposals will be very short, probably less than 3 days; (b) the materials
to be deposited will be composed primarily of medium to coarse grained sands
(thereby greatly reducing turbidity); (c) the increase in island dimensions
will be in the direction of the least productive bottoms, and; (d) only a
very small acreage of estuarine bottom will be affected. As the islands are
constantly eroding, none of the impacts associated with filling can be
considered permanent, however, the impacts will be recurring.
5.02 Water Quality and Bottom Sediments. The waters of the project area
lie in the portion of the river where the N.C. Division of Environmental
Management's water quality classification changes from SC - swamp water to
the north to SA - swamp water to the south. The best usage of SC waters is
for fishing and fish propagation. Bathing and shellfishing are not
recommended. SA waters are suitable for all of the above -mentioned purposes
except bathing and may be used for shellfishing for marketable purposes.
The bottom sediments to be dredged and utilized for the restoration projects
will be primarily medium to coarse grain sands. The following grain size
data comes from bottom samples taken during May 1976 with a Peterson dredge
in the ship channel opposite the Price's Creek ferry terminal (station 1)
and opposite Federal Point (station 2).
Sta. 1 Sta. 2 Sta. 1 Sta. 2
Granule (2.Omm)
1.11%
5.97%
Very fine sand (0.62mm)
0.21
0.39
Very coarse (l.Omm)
0.64
14.91
CoarF,e silt (.031mm)
0.00
0.00
Coarse sand (.5mm)
2.28
36.68
Medium silt (.0156mm)
0.00
0.00
Medium sand (.25mm)
77.55
37.52
Fine silt (.00781mm)
0.00
0.00
Fine sand (.125mm)
18.20
4.53
Very fine silt 6 clay
0.00
0.00
(.0039-.000061mm)
As the material to be dredged is of such a coarse nature, the impacts
normally associated with undiked disposal of dredged material such as
turbidity, resuspension of pollutants, etc., should be minimal.
RECEIVED
JUL 0 5 2016
9 DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
5.03 Cultural Resources. The lower Cape Fear River valley is an area rich
in historic and archeological resources. The lower Cape Fear region was
explored by the French and Spanish in the 16th century and by the English in
the 17th century. The first permanent settlement of the area was made by
the English in 1664 on the west bank of the river near Town Creek. This
site was deserted 3 years later. In 1725 Brunswick Town was founded on the
west bank of the river, and in 1732 Wilmington was established. Wilmington
rapidly developed into a shipping center for lumber, naval stores, and rice.
By 1800 it was the largest city in North Carolina, and it soon became one of
the major world ports for shipping tar and turpentine.
The lower Cape Fear region played an active and important part in the Civil
War, primarily because of the strategic value to the Confederacy of the port
facilities at Wilmington. Fort Fisher, located at the southern tip of the
peninsula between the Atlantic Ocean and the Cape Fear River, was developed
beginning in 1861 to fortify the approach to Wilmington for the Confederacy.
The fort was destroyed during battle on 15 January 1865.
Because of its rich cultural history, the lower Cape Fear region today holds
significant remnants of the past. Both Brunswick Town and Fort Fisher are
State Historic Sites and are listed on the National Register of Historic
Places.
The proposed project should not impact upland or submerged cultural
resources as dredging will be performed within the limits of the ship
channel, an area which has already been dredged many times and dredged
material will be placed on manmade islands. Should submerged cultural
resources lie under the islands, they should not be impacted by the addition
of more material.
5.04 Endangered Species. The project will affect one listed species, the
brown pelican. Some temporary adverse impacts will occur to the brown
pelican as immediately after disposal the islands will probably not be suit-
able for pelican nesting. It is expected that at least 1 or 2 years will
have to pass before the islands stabilize and vegetate enough to become
suitable for pelican nesting; however, the net effect will be beneficial as
without the proposed disposals the islands will eventually erode entirely
away, and no nesting areas will be available in the region. Informal
consultation undertaken to date indicates that this project has the full
support of the U.S. Fish and Wildlife Service.
Other listed species which are known to occur in the lower Cape Fear River
are the loggerhead sea turtle (Caretta caretta), American alligator
(Alligator mississippiensis), bald eagle Haliaeetus leucocephalus), Florida
manatee Trichechus m,%% ), Arctic peregrine falcon(Falco peregrinus
tundrius) and, possibly, the shortnose sturgeon (Acipenser brevirostrum).
The impacts of dredging and disposal on these species was discussed in the
Final Environmental Impact Statement on the Maintenance of Wilmington
Harbor, filed with the Council on Environmental Quality in April 1977. In
that report, it was determined that such activities would not affect these
species. The current proposal does not differ in scope or magnitude to a
degree that it would change those findings.
RECEIVED
10 JUL 05 2016
DCM- NPHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
5.05 Colonial Waterbirds. The islands to be restored by the project are
the principle nesting sites in the area for most of the species of water -
birds which breed in southeastern North Carolina. The island nesting
situation for these species in the lower Cape Fear River has deteriorated
greatly in recent years as four of the island nesting sites identified by
Parnell and Soots (1979) have become unsuitable for nesting due to either
erosion or advanced vegetation succession. By restoring and maintaining
these islands as nesting sites the following species will be benefited:
royal tern (Sterna maxima), sandwich tern (Sterna sandvicensis), gull -billed
tern (Gelochelidon nilotica), black skimmer (R cy hops niger , and laughing
gull (Larus atricilla .
6.00 COORDINATION.
6.01 Coordination to Date. The needs of the nesting waterbirds in the
lower Cape Fear River are well known to the resource management agencies in
North Carolina. The Draft Environmental Impact Statement for the
Maintenance of Wilmington Harbor (July 76) proposed a dredged island manage-
ment plan designed to assure viable waterbird populations in the lower Cape
Fear River for the foreseeable future. (That plan was deferred pending its
incorporation into the long-term maintenance study being undertaken at that
time. Funding for the long-term study was discontinued the following year
therefore the dredge island management plan remains to be completed.)
Parnell and Soots 0 979) refer to the area of the Old Royal Tern Island as
"very attractive" to nesting terns and report that islands in the area are
"eroding severely." More recently, feature news stories have appeared on
television and in newspapers depicting the seriousness of the situation.
In response to this continual expression of need, the District Engineer sent
out a letter on 19 October 1982 setting up a meeting in which the proposed
restoration plan was presented as a solution to the problem. Representa-
tives of the fallowing agencies and organizations were in attendance: Corps
of Engineers, U.S. Fish and Wildlife Service, National Marine Fisheries
Service, N.C. Wildlife Resources Commission, N.C. Natural Heritage Program,
N.C. Division of Environmental Management, N.C. Division of Marine
Fisheries, N.C. Office of Coastal Management, and the University of North
Carolina at Wilmington. At that meeting, the details of the initial work to
be performed on the Old Royal Tern Island were worked out and the concept of
performing a similar restoration on the Ferry Slip Island gained acceptance.
6.02 Required Coordination. Concurrent with the circulation of this
environmental assessment, a Section 404(b) (PL 92-500) Public Notice and
evaluation have'been circulated and a consistency determination has been
furnished to the N.C. Office of Coastal Management for concurrence/
nonconcurrence. A Section 401 (PL 92-500) certificate has been requested
from the N.C. Division of Environmental Management. A Biological Opinion on
Endangered Species has not been received yet from the U.S. Fish and Wildlife
Service, Asheville Area Office. Informal consultation on this project is
ongoing and U.S. Fish and Wildlife Service approval is anticipated.
RECEIVED
Jul 0 5
DC" Y

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
6.03 Recipients of This Assessment. This assessment is being circulated
for review and comment to the following concerned agencies and public for 30
days. After reviewing the comments received, the District Engineer may sign
the Finding of No Significant Impact and proceed with the initial stages of
the proposed restorations.
U.S. Fish and Wildlife Service, Asheville Area Office
U.S. Fish and Wildlife Service, Raleigh Field Office
Environmental Protection Agency
Department of Housing and Urban Development, Greensboro Area Office
National Marine Fisheries Service
Federal Energy Administration
Fifth Coast Guard District
Soil Conservation Service, USDA
Forest Service, USDA
Department of Energy
Clearinghouse and Information Center of North Carolina
National Audubon Society
National Wildlife Federation
League of Women Voters
Environmental Defense Fund, Inc.
Cape Fear River Research institute
Conservation Council of North Carolina
Sierra Club
Izaac Walton League
Federal Highway Administration
National Audubon Society, Southeast
N.C. Wildlife Federation
New Hanover County Board of Commissioners
Brunswick County Board of Commissioners
Dr. Donald McCrimmon
Dr. James Parnell
Dr. Michael Erwin
RECEIVED
JUL 05 2016
DCM- MHD CITY
12

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
REFERENCES
Parnell, James F. and Robert F. Soots, Jr., 1979. Atlas of Colonial
Waterbirds of North Carolina Estuaries. UNC-Sea Grant Publication
UNC-SG-78-10, 269 pp.
U.S. Army Engineer District, Wilmington, 1976. Draft Environmental
Statement for the Maintenance of Wilmington Harbor.
RECEIVED
JUL 05 2016
DCM- MHD CITY
13

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
ATTACHMENT A
FINDING OF NO SIGNIFICANT IMPACT
The Corps of Engineers proposes to restore the breeding islands of the brown
pelican and other colonially nesting waterbirds in the lower Cape Fear River
through the controlled deposition of dredged material. The methods to be
used are outlined in Section 2.00, page 3. Alternatives to the project
include different methods of disposal, different sources of material,
altered timing of depositions, creation of entirely new islands, and no
action. The selected project is felt to represent the best choice as it
minimizes impacts to productive estuarine areas, provides for continual
maintenance of nesting areas for colonial waterbirds and, because of the
minor construction associated, is implementable at low cost to the
taxpayer.
Impacts on significant resources are discussed in this assessment as
follows:
a. Fishery and Benthrc Resources, Section 5.01, page 7.
b. Water Quality and Bottom Sediments, Section 5.02, page B.
C. Cultural Resources, Section 5.03, page 9.
d. Endangered Species, Section 5.04, page 9.
e. Colonial Waterbirds, Section 5.05, page 10.
I have determined, based on the information outlined in Section 5.00, page
7, that the adverse impacts to the aforementioned significant resources will
be minor and temporary in nature and that the preparation of an
environmental impact statement will not be required.
ROBERT K. HUGHES
Colonel, Corps of Engineers
District Engineer
RECEIVED
JUL 05 2016
DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
APPENDIX A
Reproductive Success of Brown Pelicans Nestipg
in North Carolina From 1978 through 1981—/
Number Number Number Number
Active Eggs Z Eggs Young % Young Young
Year Nests Laid Hatched Produced Fledged Fledged
OCRACOKE COLONY
1978
106
419
33
138
85
118
1979
198
502
49
246
99
244
1980
226
534
59
316
95
304
1981
400*
1,469
46
680*
88
600*
CAPE FEAR COLONY
1978
66
123
41
51
12
15
1979
225
?**
?**
215
98
210
1980
276
630
52
326
65
213
1981
411
1,018
52
529
88
467
NORTH CAROLINA TOTAL
1978 172 542 35 189 70 133
1979 423 ? ? 461 98 454
1980 502 1,164 55 642 80 517
1981 851*** 2,478*** 49 1,209*** 88 1,067
* Estimates, nests not individual
** Egg counts not made
*** Based on a combination of data from marked nests on the Cape Fear
River and estimates from unmarked nests at Ocracoke.
1/ Data from Populations and Breeding Biology of the Eastern Brown Pelican
in North Carolina, by James F. Parnell and Robert F. Soots, Jr. —,Fin -
preparation)
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
APPENDIX B
404(b)(1) (PL 95-217)
EVALUATION
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
SECTION 404(b)(1) (PL 95-217) EVALUATION
CONTROL -OF -EFFLUENT DISPOSAL
WILMINGTON HARBOR (38-FOOT) PROJECT
BRUNSWICK, NEW HANOVER COUNTIES, NORTH CAROLINA
I. PROJECT DESCRIPTION.
A. Location. The dredging and disposal sites are located in the
lower Cape Fear River east of Southport, North Carolina. See figure 1.
B. General Description. The project involves maintenance dredging of
the Wilmington Harbor 38-foot project in Snows March Channel to 40 feet
below mean low water (MLW) within the designated limits of the channel.
Approximately 30,000 cubic yards of medium to coarse sand will be disposed
of on a previously used disposal site (Old Royal Tern Island) created
approximately 10 years ago during maintenance dredging. Old Royal Tern
Island is on the east side of Snows Marsh Channel. The proposed control -of -
effluent method of disposal will consist of the use of a bulldozer to
construct berms on the eastern shore of the island which will allow the
effluent to run westward back into the channel being dredged.
C. Authority and Purpose. The proposed dredging and disposal will be
performed as part of the routine maintenance dredging of the Wilmington
Harbor 38-foot project (FEIS Maintenance of Wilmington Harbor, North
Carolina, dated April 1977, authorized March 2, 1945, under House Document
HD 131/76/1).
The purpose of the proposed disposal is to enlarge critical habitat of the
endangered brown pelican in the lower Cape Fear River. The method and site
of disposal are being proposed under the directive given in Section 7(a) of
the Endangered Species Act of 1973, as amended, which directs Federal
agencies to utilize their authorities to carry out programs for the
conservation of listed species.
D. General Description. Approximately 30,000 cubic yards of medium
to coarse sand will be dredged from the Wilmington Harbor 38-foot project,
Snows Marsh Channel.
E. Description of the Proposed Discharge Site. The dredged material
will be discharged onto a previously used disposal island located adjacent
to and east of the ship channel. The control -of -effluent method of disposal
(unconfined) will be used to increase the areal size of the island from 1.5
acres to 4 acres (figured above MHW) and to increase the height of the
island. The disposal island is predominantly medium to coarse sand
substrate with low lying shrubs and vegetation. The adjacent open water
area on the west side of the island is predominantly medium to coarse sand
and shell.
The proposed dredging and disposal will take place in the fall or winter
months once every 8 to 9 years and will take approximately 1 week to
complete. The initial work will take place in February 1983 RECEIVED
JUL 05 2016
DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
F. Description of Disposal Method. Disposal will be performed by
hydraulic pipeline dredge.
it. FACTUAL DETERMINATIONS.
A. lsical Substrate Determinations.
1. Substrate Elevation and Slope. The proposed control -of -
effluent method of discharge of dredged material will increase the substrate
elevation in the open water area adjacent to the western side of the island.
The characteristics of the substrate at the dtsposal site and that of
material being dredged are the same. Minor changes in substrate elevation
and bottom contours may occur outside of the disposal area due to material
movement as a direct effect of water circulation, winds, and wave action.
2. Sedtment Type. The dredged material consists predominantly of
medium to coarse sand. The characteristics of the material being dredged
match those of the existing substrate.
3. Dredged Material Movement. Some movement of dredged material
will occur as a result of the combined effects of current patterns, water
circulation, wind, and wave action.
4. Physical Effects on Benthos. Discharge of matertal into open
water along the western shore of the island will adversely affect bottom
dwelling organisms by smothering immobile forms or by forcing mobile forms
to migrate. Since the material being dredged is similar to the existing
substrate, recolonization of benthic organisms will occur in the areas not
converted to high ground.
5. Other Effects. None.
6. Acttons Taken to Minimize Impacts. The effects of the
discharge will be minimized by the construction of a berm along the eastern
shore of the island which will allow the effluent to run westward towards
the channel being dredged.
B. Water Circulation, Fluctuation, and Salinity Determinations.
Water.
a. Salinity. No effect.
b. Water Chemistry. No effect.
c. Clarity. Clarity will be reduced locally and temporarily
due to disposal.
d. Color. No effect.
RECEIVED
30L 0 5 2A
2
DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
e. Odor. No effect.
f. Taste. Not applicable.
g. Dissolved gas levels. A minor, local, and temporary
reduction in the dissolved oxygen levels may occur. Dissolved oxygen
concentrations will quickly return to ambient levels upon completion of the
work.
h. Nutrients. No significant impact.
i. Eutrophication. No effect.
j. Others as appropriate. Not applicable.
2. Current Patterns and Circulation.
a. Current patterns and flow. Current patterns and flow will
be affected in the vicinity of the open water disposal on the west side of
the disposal island.
b. Velocity. No effect.
C. Stratification. No effect.
d. Hydrologic Regime. See a. above. No other change in the
hydrologic regime should occur.
3. Normal Water Level Fluctuations. No effect.
4. Salinity Gradient. No effect.
5. Actions That Will be Taken to Minimize Impacts. See A.6
above.
C. Suspended Particulate/Turbidity Determinations.
1. Expected Changes in Suspended Particulates and Turbidity
Levels in Vicinity of Disposal Site. A local and temporary increase in
turbidity and particulates will occur due to the proposed disposal. No
violation of applicable water quality standards will occur.
2. Effects (Degree and Duration) on Chemical and Physical
Properties of the Water Column. --
a. Light penetration. A slight reduction in light
penetration will occur due to the turbidity increase associated with the
proposed disposal.
RECEIVED
3 JUL 0 5
DCM-

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
b. Dissolved oxygen. A decrease in dissolved oxygen
concentratiunb may be associated with the disposal resulting in a minor,
local, and temporary effect. Levels of dissolved oxygen should return to
ambient. scion after completion of the work.
c. Toxic metals and organics. No significant effect.
d. Pathogens. No significant effect.
e. Esthetics. No significant effect.
f. Others as appropriate. None.
3. Effects on Biota.
a. Primary production, photosynthesis. A slight reduction is
primary production may occur due to minor turbidity.
b. Suspension/filter feeders. No significant effect.
C. Sight feeders. A temporary effect will occur due to minor
turbidity.
4. Actions Taken to Minimize Impacts. See II.A.6. above.
D. Contaminant Determinations. Deposition of dredged material will
not introduce, relocate, or increase contaminants.
E. Aquatic Ecosystem and Organism Determination.
1. Effects on Plankton. Turbidity associated with dredging and
deposit -ion of material may have a slight effect on plankton; however, the
effect is not considered significant.
2. Effects on Benthos. No significant effect. See II.A.4 above.
3. Effects on Nekton. No significant effect.
4. Effects on Aquatic Food Web. No significant effect.
5. Effects on Special Aquatic Sites.
a. Sanctuaries and refuges. Not applicable.
b. wetlands. Not applicable.
C. Mudflats. No effect.
d. Vegetated Shallows. No effect. RECEIVED
JUL 0 5 2016
4 DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
e. Coral Reefs. Not applicable.
I. Riffle and Pool Complexes. Not applicable.
6. Threatened and Endangered Species No effect.
7. Other Wildltfe. No effect.
8. Actions Taken to Minimize Impacts. See II.A.6. above.
F. Proposed Disposal Site Determinations.
1. Mixing Zone Determination. The mixing zone at the disposal
site will be minimal and restricted to the western side of the island by the
use of the sand berms on the east side.
2. Determination of Com 117iance with Applicable Water Qualit
Standards. A Section 40l PL 95-2) Water Quality Certificate has been
requested concurrent with the Section 404(b)(1) (PL 95-217) Evaluation.
effect.
3. Potential Effects on Human Use Characteristics.
a. Municipal and private water supply. No effect.
b. Recreational and commercial fisheries. No significant
c. Water related recreation. No effect.
d. Esthetics. No effect.
e. Parks, national and historic monuments, national
seashores, wilderness areas, research sites, and similar preserves. Not
applicable.
G. Determination of Cumulative Effects on Aquatic Ecosystem. No
significant cumulative effects are expected due to the proposed activity.
H. Determinations of Secondary Effects on the Aquatic Ecosystem. No
significant secondary effects well occur.
111. FINDINGS OF COMPLIANCE WITH THE RESTRICTIONS ON DISCHARGE.
A. No significant adaptations of the Section 404(b)(1) (PL 95-217)
guidelines were made relative to this evaluation.
B. Although other alternatives exist such as toe -of -the -bank or
upland diked disposal or the use of another previously used disposal site,
none of these will provide the proposed nesting site area for the endangered
RECEIVED
5 JUL 0 5 2016
DCM- MHD CITY

Appendix 5: 1982 Environmental Assessment and 401 (b) (1) evaluation.
brown pelican. Therefore, no other feasible alternative exists for this
project which would have less adverse impacts on the aquatic ecosystem.
C. A Section 401 Water Quality Certificate has been requested from
the State of North Carolina concurrent with this Section 404(b)(1) (PL
95-217) evaluation. The proposed activity is in compliance with the Toxic
Effluent Standards of Section 307 of the Clean Water Act.
D. The proposed discharge will not harm any endangered species or
their critical habitat or violate the protective measures for marine
sanctuaries. The purpose of the proposed project is to enhance the critical
habitat necessary for the survival of the endangered brown pelican in the
lower Cape Fear River area.
E. The proposed disposal of dredged material will not result in
significant adverse effects on human health and welfare, including municipal
and private water supplies, recreation, and commercail fishing, plankton,
fish, shellfish, wildlife, and special aquatic sites. The life stages of
aquatic life and other wildlife will not be adversely affected. Significant
adverse effects on aquatic ecosystem diversity, productivity, and stability,
and recreational, esthetic and economic values will not occur.
F. Appropriate steps and measures will be taken to minimize potential
adverse impacts of the discharge on the aquatic ecosystem.
G. On the basis of these guidelines, the proposed disposal site for
the discharge of dredged material is specified as complying with the Section
404(b)(1) guidelines with the inclusion of appropriate and practical
conditions to minimize pollution or adverse effects to the affected aquatic
ecosystem.
DATE: / Am u
QZ—Ao/
ROBERT K. HUGHES TL
Colonel, Corps of Engineers
District Engineer
6
RECEIVED
JUL 0 5 2016
DCM- MHD CITY

Coastal Management
ENVIRONMENTAL QUALITY
June 24, 2016
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
secremry
BRAXTON DAVIS
Director
Re: Major Public Notice for NCWRC (Bird Island proj.) / BR & NH Counties
Kyle & Heather: Please publish the attached Notice in the Monday, June 27, 2016 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by
credit card to the attention of Luke Skiera, Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Wilmington office.
cc:
Heather Coats - WiRO
Doug Huggett -MHC
Tyler Crumbley — USACE
Michele Walker- DCM
Sinc rel<y�
Shaun K. Simpson
Permitting Support & Custom r Assistance
Nothing Compares
RECEIVED
JUL 0 5 2016
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
121 Cardinal Drive Em., Wilmington, NC 28405
910-796-7215

rim
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following application was submitted for a development permit in an
Area of Environmental Concern as designated under the CAMA: On June 24, 2016 the N.C.
Wildlife Resources Commission proposed to deposit dredge spoil on two (2) existing dredged
islands (Ferry Slip in New Hanover Co. and South Pelican in Brunswick Co.) located within
the Cape Fear River between Snows Cut and Zekes Island, to restore and maintain the nesting
habitat for colonial water birds. A copy of the application can be examined or copied at the
office of Sean Farrell, N.C. Dept. of Environmental Quality, Division of Coastal Management,
127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to July 18, 2016 will be considered
in making the permit decision. Later comments will be accepted and considered up to the time
of permit decision. Project modification may occur based on review and comment by the public
and state and federal agencies. Notice of the permit decision in these matters will be provided
upon written request.
RECEIVED
JUL 05 2%
DCM- MHD CITY
State of North Carolina I Envtronmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-796-7215

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: AIW W
Fee: $��# L207?-
CDAITS _ MHC cc V10,
Applicant: NC Wildlife Resources Commission
Agent/Contractor: Audubon NC c% Gordon Myers
Project Site County: New Hanover
Staff: Farrell r
I Di : 1411mington
Project Name: Colonial Waterbird Islands (Bird Isla )
Rover File: n/a
River Basin: Cape Fear
Initial date of application submittal: 5-24f6
Date application 'received as complete' in the Field office:
Permit Authorization: CAMA Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
ORW: ❑Yes Po I PNA: ❑Yes o
Photos Taken: Yes W No❑
Setback Required (riparian): []Yes No
Critical Habitat: ❑Yes ❑No Not Sure
15 foot waiver obtained: ❑Yes No
Hazard Notification Returned:
❑Yes 1XNo
SAV: ❑Yes[]No Not Sure
Shell Bottom: Yes o Not
Temporary Impacts: Yes ❑No
Sure
Sandbags: ❑Yes RNo ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: KYes ❑No
❑Yes ;flo
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
VYes []No ❑NA
PYes []No ❑NA
al 1:1 'rO FT
Shellfish Area Designation:
rcw k y..Alti-(Ottoyck
Project Description: (code)
Development Area: (code)
Open -or- Closedhq „S
4Sk
Q�iYGS
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
[_—]Nutrient Sensitive Waters (NSW)
I El Swamp Waters (SW)
❑ High Quality Waters (HOW)
❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemiflora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
El (SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salttmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
fnore than 1 acre - $475
Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
Major development extension request -
❑ It. Public or commercialino dredge
$100
and/or fill - $400
RECEIVE[
❑ I. Private no dredge and/or fill - $250
❑ III(C) Priv. public or Comm w /D&F to 1
JUL 05 2016
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
DCM- Y

NC WRC / Bird Islands
Date: 6-24-16
— - Aescribe below the ACTIVITIES that have been applled for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1 Dimension 2
Dimension 3
Dimension 4
One
One
New Work 0
eplace
awfA
N
1
1
Maint
❑ Y N
^' (- l 4.(NCS
New Work
Replace
r
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work 0
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Mair ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet
TOTAL Sq. Ft.
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
temp impacts)
impact amount)
teTR impacts)
amount
00
Dredge ❑ Fill EP Both ❑ Other ❑
ANXI
Dredge Fill PBoth ❑ Other ❑
6 H$ BSb
5Kt ffs�
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Uj
>
o Q
W
U
W
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919-733-2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net
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0
revised: 10112106

DENR CAMA Daily Check Log for WIRO
Date
Date
Depostte
Check
Receipt or
Received
d Check From fhfamej
Name of Permit Hofder
Vendor Check Number
amount
Permit Number/Comments
Refund/Reallocated
6/24/2016 Lindsay Maclean Addison
NCP/RC do Audobon Society Sunmast Credit $475.001
ma or fee South Pelican 8 Fe Slip Islands
'SF rd. 2188D
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C)
Leb
W o
U =
W
�
it
U

_01 MAJOR PERMIT FEE SCHEDULE f�
NCWRC Bird Islands /$W # /NH & BR Co's
DCM %
DWQ %
Development Te
Fee
14300160143510009316256253
243b016024351000952341
I. Private, non-commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100%
$400
0%
$0
III. For development that involves the filling
nd/or excavation of up to 1 acre of wetlands
nd/or open water areas, determine if A,B, C,
r D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
111(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
90 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
1 60%
$240
40%
$160
III(D). If General Water Quality Certification No.
90 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
xcavation of more than one acre of wetlands
nd/or o en water areas:
$475
60%
$285
40%
$190
RECEIVED
JUL 05 2016
DCM- MHD CITY

\
t
mul H VAHIe6 MAXIMUM FILL HEIGHT =
3 Y5 _ _ _ __F� _ __ _ ELEVATION 22.0 FT MLLW _ _ 25
"I
T 7 1 r r T 7 7 TT 7 1 r APPROXIMATE 4' MLLW -O�
zo—r—Y-7--r— *—�--r_—7wwles——r—r-7—--r—t-7-7--r 2D
FINISHED GRADE LINE + e`
w15—t—t-1�0. 1--t-1--N�)-`— f—r—+—----r—+—t—'�--r 15 ,0•\,'y A' 9 ___=`e__i
W 10—+--F—�I—+--+--I--I--—+—_— — ——+——�--H 10 ; 6 .° s• �' --r
z s =�= t =6=�Qy_DRL'� 1--_ — — — s ° 2h N_-o 1•.
,o•
----L-1--1---- �XISTW# GF3OmL-L— -�— L 0 2311000 A
61DOO
w 0+00 0+50 14M 1+50 2.00 2+50 3+0D 3+50 4.00 4.50 5+00 5+50 6+00 6+50 7+00 7+50 8+00 8+50 9+00 9.5010.0010+5011+W TEMPORARY SILT FENCE A; o ___---"-1•Z` ,�
W SEE DETAIL 2 ° 1 '' 3, "�
CROSS SECTION A -A Nil 1. J
o'
I
MAXIMUM FILL HEIGHT= WIDTH
3 ELEVATION 22.0 FT MLLW VARIES
25 —T-7.— ]--EIL. T—T—T-7—r 7——T-7— 25
p —t—Y—i—t—t--j-- ——I-1— 1 -1— 20
LL15
o FT�+>LLrt�el 5
F 0 --1-1--L_L—L——EXPTINORCIV6D L__I__ L-�—_- 0
j5 S
1 0+00 0+50 1-DO 1+50 2.00 2+50 3+00 3+50 4+00 4+50 5+00 5+50 6+00 6+50 7+00 7.50 8+00
w
CROSS SECTION B-B
NOTES B
1, ALL DREDGED MATERIAL SHAL BE PLACED BY CONTROL OF EFFLUENT. DIRECTING THE FLOW AWAY FROM THE WILMINGTON HORBOH NAVIGATION CHANNEL
AND THE MARSH AREA
2. MAXIMUM ELEVATION OF DISPOSAL AREA SHALL NOT EXCEED+22 MLLW.
3. WHERE THE EXISTING SLOPE ABOVE O MM IS STEEPER THAN IGHAV, CONTRACTOR SMALL GRADEEXISTING SLOPE AND PLACE FILL TO FUTTEN THE
SLOPE TO 10H:1V.
4- DATE OF TOPOGRAPHIC A HYOROGRAPHIC SURVEY: 3 M MARCH 2O16.
5. ELEVATION MONUMENT: USCG MONUMENT, FED-1993, ELEV. 22.46 MLLW, N 782718. E 232106A, LOCATED AT THE SIDE OF CIVIL WAR BATTERY
SUCHANAN. FORT FISHER, NC.
C HORRONTAL DATUM. MAD 1W
7, VERTICAL DATUM FOR CONTOURS SHOWN'. MEAN LOWER LOW WATER(MLLW1
0, BEFORE THE START OF ANY WORK BY THE CONTRACTOR THE CORPS WILL STM THE MARSH LINE PRIOR TO THE PLACEMENT OF DREDGED MATERIAL
THE CONTRACTOR SHALL CONSTRUCT AN APPROPRIATE BERM AND PLACE TEMPORARY SILT FENCE ALONG THE NORTH SIDE OF THE MARSH AREA.
THE CONTRACTOR SHALL NOT AT ANY TIME PLACE MATERIAL OR ALLOW ANY EQUIPMENT TO CROSS INTO THE STAKED MARSH AREA-
9. ALL COSTS FOR WORK AT SOUTH PELICAN ISLAND SHALL BE CONSIDERED INCIDENTAL TO AND INCLUDED IN THE COST FOR DREDGING.
10. THE CONTRACTOR MAY USE MULTIPLE DISCHARGE POINTS TO ENHANCE MOUNDING OF DREDGED MATERIAL ON THE ISVMRD. THE CONTRACTOR SWILL SUBMIT
A DISPOSAL PLAN FOR THE CONTRACTING OFFICER'S APPROVAL,
11. THE APPROXIMATE AREA OF THE EXISTNG ISLAND AT D MMV 1EL 10' MLLW) IS 7 ACRES. THE FOOTPRINT OF LIMITS OF CONSTRUCTION SHALL
NOT EXCEED 7 ACRES ABOVE D MHW FOLLOWING COMPLETION OF DISPOSAL OPERATNONS.
12. THE ESTIMATED FILL CAPACITY WITHIN THE LIMITS OF THE FILL AREA IS 51 W0 CU. YDS. I IS THE INTENT OF THIS CONTRACT TO PLACE A
SUFFICIENT AMOUNT OF DREDGED MATERIAL ON SOUTH PELICAN ISLAND TO PRONDE THE MAXIMUM FILL HEIGHT AND FOOTPRINT ALLOWED,
13. CROSS SECTIONS A -A AND B-8 SHOW MAXIMUM ALLOWABLE DIMENSIONS AND SIDE SLOPES.
—5
232000
70000 1
APPROXIMATE 22' MLLW
FINISHED GRADE LINE
APPROXIMATE 4' MLLW
FINISHED GRADE LINE
rhb �� �2.G1 Bi
M1G 0�5 i
PERIMETER OF MARSH
2312000 I
69000
RECEIVED
J
L 05 2016
DCM
MHD CIT1
R
EIVED
DCM
LMINGTON, N
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NUMBER
200 100 O t0p ZOO 300
SCALE IN FEET CN110

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24' MLLW FINISHEI
GRADE CONTOUR
3
WIDTH MAXIMUM FILL HEIGHT =
VARIES
ELEVATION 24.0 FT MLLW
_ I
_FILL_ I _ �
s255
F 20
T
-r-Y-
T (- 1 ilp T- T
20
w
t-t- �1 t-T--1-
Iwy 15
—t—t
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15
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—4--+
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0
Q -5
5
0+00
0+50
1+00 1+50 2+90 2+50 3+00 3+50 4+00 1+50 S+W 5+50 B+W
W
CROSS SECTION A -A
i
O
i / C-i i�
25-
w-Y--Y-7--r-�]Q
/ .1`0��. 215-t-4--4--r1 -1-
s
IA" O o
I a5
/ > 0+00 0+50 1+Q0 1+50 2+00 2+50 3+00 3+50
W
MAXIMUM FILL HEIGHT =
ELEVATION _24.0_FT _MLLW_ _
-- — — — --—T-7—,--(--T-- 25
NQ.—J--I--L-1— — --L--—1_�__i_1— o
S
4+50 5.00 5+50 6+00 6+50 7+00 7+W 8+00 8+50 9+00 9+5010+0010+5011+0011.50
CROSS SECTION B-B
4' MLLW FINISHED
GRADE CONTOUR
I
�o ry
2(.
231000D
83500 N
h
ry A
1. ALL DREDGED MATERIAL SHALL BE PLACED BY CONTROL OF EFFLUENT, DIRECTING THE FLOW AWAY FROM THE
g-q
i r
WILMINGTON HARBOR NAVIGATION CHANNEL.
rri
S n
m
2. MAXIMUM ELEVATION OF DISPOSAL AREA SHALL NOT EXCEED +24' MLLW.
3
- ='
$�o
3. WHERE THE EXISTING SLOPE ABOVE 0' MHW IS STEEPER THAN 70H:iV, CONTRACTOR SHALL GRADE EXISTING SLOPE
AND PLACE FILL TO FLATTEN THE SLOPE TO 10HA V.
4. DATE OF TOPOGRAPHIC 8 HYDROGRAPHIC SURVEY: 30 MARCH AND 4 APRIL 2016.
MONUMENT, 78271.9,E AT THE
rc
5. ELEVATION MONUMENT: USCG FED-1993, ELEV. 22.48' MLLW, N 2321064.3, LOCATED
SIDE OF CIVIL WAR BATTERY BUCHANAN, FORT FISHER, NC.
6. HORIZONTAL DATUM: NAD 1983.
7. ICAL DATUM FOR CONTOURS SHOWN MEAN LOWERLOW WATER
/�E
(MOUNDING YR
g
CHARGE S TO INSURE OF DREDGED MATERIAL ON v tl
8. THETCONTRACTOR MAY USE MULTIPLE
ISLAND. THE CONTRACTOR SHALL SUBMIT A DISPOSAL PLAN FOR THE CONTRACTING OFFICER'S APPROVAL.
q=_ Ny
THE APPROXIMATE AREA OF THE 4.0' MLLW) IS 5.8 ACRES. D^
O
K
9. EXISTING ISLAND AT 0' MHW (EL.
M- MH
w
00 10. THE ESTIMATED FILL CAPACITY WITHIN THE LIMITS OF THE FILL AREA IS 35,0CU. YOS. IT IS THE INTENT OF THIS
CONTRACT TO PLACE A SUFFICIENT AMOUNT OF DREDGED MATERIAL ON FERRY SLIP ISLAND TO PROVIDE THE
MAXIMUM FILL HEIGHT AND FOOTPRINT ALLOWED. THE FOOTPRINT OF THE LIMITS OF CONSTRUCTION SHALL NOT
EXCEED 7 ACRES ABOVE V MHW FOLLOWING COMPLETION OF DISPOSAL OPERATIONS.
i 'o
i
11. CROSS SECTIONS A -A AND B-B SHOW MAXIMUM ALLOWABLE DIMENSIONS AND SIDE SLOPES. E C' E� II VE D
��R
12. ALL COSTS FOR WORK AT FERRY SLIP ISLAND SHALL BE CONSIDERED INCIDENTAL TO AND UYWMa6M 4&rONE
ici
FOR DREDGING.
JUN 2 4 tulo
N MS
SCALE: 1' 10U
2a0 '°° ° '°° 200 aoo
CN111
SCALE IN FEET
12.