DEN-Town of Sunset Beach

P JAMES B. HUNT JRFAWWI
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
January 11, 1999
MEMO TO: Dave Heeter
FROM: Doug Huggett
THROUGH: John Parker
SUBJECT: Response to Town of Sunset Beach's comments on stipulated facts
prepared in association for the variance request for the Jinks Creek
Dredging CAMA permit denial.
I have reviewed the stipulated facts (copy enclosed) prepared for the subject
variance request, and I am in agreement with each of these facts. I have'also reviewed
the Town's 12/8/98 comments (copy enclosed) on these stipulated facts, and I offer the
following comments. I have adressed each item where the Town provided a comment.
Item 6. The applicant's permit application clearly showed an excavated depth
of 8 feet. The Access Channel dimensions indicated on Form MP-2
indicated a excavated depth of 8 feet;, as did the two plan -view
drawings (sheets 2-3 of 3, each dated- 10/16/95), and the cross section
drawing (Section A -A, sheet 2-3, dated 10/16/95). I am not aware of
any information in the permit file indicating that theapplicant's wished
to change their proposal to an final excavated depth of 6 feet.
Item 7. The statement that some 2.9 acres of bottom would be excavated should
not be disputed. The argument that the proposed work was merely
maintenance excavation is not relevant to this item.
Item 8. No disagreement with petitioners statement.
Item 9. The issuance of permits for dredging does not mean that the dredging
actually took place at that time. The Division was aware that permits
for maintenance dredging of Mary and Turtle Creeks were issued in
1987. It is not possible based on the information provided by the
applicants with the permit application package, or by a review of the
available aerial photography, to determine exactly when the dredging
took place. The Division therefore simply acknowledged that the
referenced dredging of Turtle and Mary Creeks likely did take place.
The Division does not have any evidence that maintenance excavation
within Jinks Creek was permitted or took place during this time period.
The petitioners statement that dredging was carried out in 1992 and
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGM, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO RECYCLED/10%POST-CONSUMER PAPER

1993 can not be substantiated by the information in the permit file.
NOTE: Th RS Adams permit is Permit No. 73-87. The Mary's Creek
Permit is Permit No. 241-87, not 241-67 as was listed in the
petitioners letter.
Item 10. Aerial photography indicates that the links Creek area was almost completely
shoaled in by 1989 (it is not possible to access the amount of shoaling from the
1984 aerials). Therefore, I do not agree with the petitioners statement that Jinks
Creek shoaled in and naturalized in the 1990's. Furthermore, the time at which
Jinks Creek became naturalized is not important. What is important is that at the
time of this application, the area was in fact a highly productive naturalized
habitat.
Item 11. The depth of the mud is not important.
Item 12. Stipulated Facts Item 12 adequately describes the area in question. The
petitioner's statement merely supports the Division's claims that the area has
naturalized.
Item 14. Stipulated Fact Item 14 is a correct representation of the comments of the
Division of Marine Fisheries, as found in the permit application record. The
petitioner's are arguing with the findings of the Division of Marine Fisheries, not
the fact that such a statement was made.
Item 15. See Item 14 above. The issue is not whether the entire fisheries resource in the
area has been reduced over time, but rather that, at this time, the proposed work
area is of at least the same quality and productivity as those natural adjacent areas.
Item 16. Again the petitioners are arguing that the findings, actions or recommendations of
the various environmental review agencies referenced in Stipulated Facts Item 16
were incorrect or erroneously arrived at. The statement that these agencies
objected to or recommended against CAMA permit issuance can not be disputed.
Furthermore, while not relevant in the context of this list of the stipulated facts,
the claims that the project will improve water quality and will not adversely
impact the fisheries resources of the area are simply not supported by the
comments of the agencies charged with protecting and managing these resources.
Item 17. Stipulated Facts Item 17 accurately states reason that the petitioners permit
request was denied. The fact that the Town does not agree with our reasons for
this denial would seem to indicate that an appeal would be the more appropriate
avenue for the Town to pursue.
Item 18. Stipulated Facts Item 18 accurately states reason that the petitioners permit

request was denied. I would like to point out that spoil disposal was never an issue
on this proposal, therefore I do not see how the petitioner's first comment
(.0208(2)(B)) is at all relevant.
Note: The following were also listed as supporting rule citations for the permit
denial, but were omitted from the stipulated facts listing;
NCAC T15A.07H.0601
NCAC T15A.07H.0208(a)(2)(C)
NCAC T15A.07H.0207(d)
Item 19. The Division's district planner, who for major permit applications is responsible
for determining consistency with local Land Use Plans, stated that the project
would be consistent with the Land Use Plan only if the project was found
consistent with the 15A NCAC 07H guidelines. The evidence above clearly
indicates that the project is not consistent with the 07H guidelines, and the project
must therefore be found inconsistent with the Sunset Beach Land Use Plan.
Therefore, Stipulated Facts Item 19 is correct.
Item 20. Due to the scale of the available aerial photography, the exact limits of any
previous dredging could not be precisely confirmed. Furthermore, I do not have a
record of in the permit application file of Mr. Gore's affidavit.
In closing, it appears that the Town does not agree with a great many of DCM's findings
on this project, as well:as those of numerous other environmental review agencies. However, I
am confident that the permit application file record will fully support the Division's actions in
this case. Please feel free to contact me if you have any questions on this matter. I would also
request that this document be subject to attomey-client privilege.
cc: Charles Jones
Jerry Parker

cr,Vircrne^al (;Mldlor,
North Carolina Department
of Environment and Natural Resources
Division of Coastal Management
Donna D. Moffitt, Director
P.O. Box 27687
Raleigh, N. C. 27611-7687
December 8, 1998
RE: Variance Request to excavate approximately 2.9 acres of Jink's, Mary's and Turtle Creeks in Sunset
Beach
Dear Mrs. Moffitt:
November 9, 1998 the Town received a list of stipulated facts regarding the above referenced
project.
Please find enclosed a copy of the Town's answers to the stipulated facts and a review sheet
indicating facts about.the project that we have stated all along in our application for this project.
Mr. David G. Heeter, Assistant Attorney General informed me that the Town must agree to all
the stipulated facts in order to be considered for a variance. He further stated that if the Town did not
agree to all the stipulated facts that we would be required to appear before an Administrative Law Judge.
As you will see we do not agree with all the stipulated facts, therefore request that a hearing before an
Administrative Law Judge be arranged as quickly as possible.
If this is not the correct procedure to get a hearing in front of an Administrative Law Judge
please inform me.
Sincerely,
Linda Fluegel
Administrator
Encs. Attachment Answers To Stipulated Facts
In Review
Stipulated Facts
Copies of 07H.0206,. 0207 and .0208
Maps
CC: David G. Heeter, Assistant Attorney General
111 �•;i'.��`I Iiolllovard North Stint `: P,`,ldl. X\ 2ti4l•\

ATTACHMENT ANSWERS TO STIPULATED FACTS
1. Agree
2. Agree
3. Agree
4. Agree
5. Agree
6. We do not totally agree with this statement. We have agreed to a 6 foot depth instead of 8 feet.
7. Agree, but this is just the maintenance of the finks Channel.
8. Agree- Aerial Photographic 1/20/49 Aerial Photographic 3/22156 Aerial Photographic 3/18/66 Aerial
Photographic U05/72
9. Do No Agree - "Not apparently" - Actual Maintenance dredging was completed:
Turtle Creek - CAMA Permit 3/10/87 RS. Adams - Dredged in 1987
Mary's Creek - CAMA permit 241-67 February 10, 1992
Dredged in 1992 and 1993
10. Agree - In the 1990's
11. Agree - Except the soft mud is very deep - over 6 ft. deep in the channels
12. Agree - Except the water flat is dry at Low water and is filling at a rate of 6" to 12" per year. There
will be no water in approximately 10 years as it returns to its natural state as shown in 11/20/49 aerial
photograph - unless the channel is maintained
13. Agree
14. Do Not Agree - The water is extremely polluted and shellfishing has not been allowed in over 10
years. It will not be a highly productive area because there will not be much tide water within the next 10
years.
15. Do Not Agree - The long time property owners state that the fish, crab and shrimp have drastically
been reduced in the 1990's. The area was very productive in the 1970's and 1980's.
16. Do Not Agree - Will be consistent because this is not new construction but maintenance of the channel
dredged in the 1960's and maintained The Dredging will actually improve the standards as follows. 0208
GS 113A-120
A Maintenance dredging
B. Location is set by prevision development in 1960's.
C. Will improve water quality.

D. Will not cause major damage but will improve the area.
E. There will be very little submerged aquatic vegetation and spawning and nursery area because
it is returning to its natural state above most tide water if not maintained
F. The maintenance will eliminate the stagnate water that is there today.
G. The dredging will be accomplished between October and April and will not effect the life
cycles
H. There is no navigation at most of the Ocean tide. The maintenance dredging
will open the public tout areas to boat navigation.
17. DCM did deny the Town's permit application stating it would have significant adverse impact to
fishery resources. We do not agree with DCM. The water quality in this area is so poor at this time
because there is no flushing action that a nursery could not survive.
18. Not true - .02082B - All spoil material is to be continued to an approved existing
spoil area across the Intracoastal Waterway which will be repaired and reconditioned per submitted
drawing.
.0206C - The maintenance dredging will maintain the economic value and conserve the
estuarine. If the maintenance dredging is not done the economic value will be reduced by several million
dollars and there will bevery little water conserved for entrance water.
19. The Town's Land Use plan is consistent as the channel was dredged in the 1960's like the waterways
on Sunset Beach Island.
20. Not true - Aerial photographic evidence was provided as well as an affidavit made by I& Ed Gore
that he dredged Jink's Creek

0
I. (a) When the Intracoastal Waterway was built it cut off Jink's Creek which rerouted itself. This is
shown in the 1949 aerial photographic evidence.
(b) Mr. Ed Gore, Sr, dredged the West entrance to the Intracoastal called Mary's Creek in the 1960's.
This is shown in the 1966 aerial photographic evidence. Also, an affidavit was provided by Mr. Gore that
the channel was dredged A 1972 aerial photographic evidence shows that a U-shaped channel was
completed to remove ran off water from the area and to provide for boat navigation.
(c) Maintenance Dredging 1. East Entrance, Turtle Creek was dredged in 1987 by Mr. R. S. Adams, a
property owner. A CAMA permit was issued on March 10, 1987.
2. West inlet, Marys Creek was dredged in 1992 and 1993 by Mr. Joe
Peed, owner of a Fishhouse and Restaurant. CAMA Permit no. 241-67 was issued February 10, 1992.
3. In 1989 Hurricane Hugo caused major erosion and filled the connecting
channel with"trash that stopped the flow of tide water. An additional trash problem occurred in the 1993
Spring storm. The property owners incurred substantial expense in removing the trash.
4. The interconnect channel had a flow of water throughout the total
channel until these storms, even at low tide.
5. Also, in the 1970's and the 1980's large commercial shrimp boats using
the channel kept the channel open.
6. In 1994, the property owners asked the Sunset Beach City to get the
necessary permit to maintenance dredge the channel. An application was presented to CAMA on
November 25, 1995.
In summary, an extensive effort has been made by the property owners to keep the channel open. An
excess of $100,000 has been invested
II. The property owners adjoining Jink's Creek channel paid premium prices for the lots to have water
front access to their property. Today this access is estimated to be over S50,000 per lot. To close the
charnel would be a major economical loss to the property owners.
M. Today, both entrances are closed at low tide. The increased boat traffic in the last 10 years with the
holding area for the boats waiting for the bridge to open has built up a dike between the Ank's Creek area
and the Intracoastal Waterway.
IV. The proposed maintenance dredging will upgrade the water quality by allowing the tide water to
flush out the fresh water and pollution's which is similar to the same logic used in dredging Futch Creek
in Pender County. Also, the proposed maintenance dredging will allow access to boat =Me to the
Intracoastal Waterway using the same logic as was used dredging the waterways at Ocean Isle Beach and
Holden Beach.

ATTACHMENT 2
STIPULATED FACTS
1. The Jink's Creek complex of small creeks, marsh. -and mud flats -cans aarallel to
the north side of the Atlantic Intracoastal Waterway (AI%%, W) lit the Town of Sunset Beach.
I. Jink's Creek is connected to the AIW W via Mary's and Turtle Creeks.
3. The Jir1c's Crock complex is approximately 30 acres in size and separated from
the Al VW by an expense of marsh 30 to 290 feet wide. .
4. . The Town of Sunset Beach proposed to dredge a U-shaped charnel from the
AIW% to-Mary's Creek, then through.thc shallow water cove which comprises Jink's Creek,
and back through Turtle Creek to the .AJ7VW,
J. The dredgir•_g itauld improve water access for 24 private residences and a fish
market and restaurant.
6. The dredged channel would d be 2,8 i 6 feet ion„ 30 feet wide, except at the comers
whc:e it would be 40 feet Aide, and 78 feet deep.
7. Some 2.9 acres of bortom would be excavated.
S. Ar.:al photographs indicate that a U-shaped channel was excavated through the
Jink's Creek complex in the mid-1960s.
9. Scme maintenance cxcava ng to a depth of -6 feet was apparently urde,takcn in
Mary's and Turtle Creek in 1987.
10. The previous excava:in g in Jink's Creek has become shoaled in and naturaiizcd.
11. The bottom is soft mud like that of an urexcavated coastal creek.
1 L There is a border of costal wetlands -along the entire *..oreline of the project,
ranging in Mdth from 20 to 70 foci, and waterward of the marsh fringe there is an unvegctated .
shallow water flat that is basically dry at low water
13. Tink's Creek has been designated a primary nursery area (P1vA) by the Marine
Fisheries Co',mmission to protect the jurcnile fishery resotuccs.
14. The Division of Marine Fisheries has been sampling Jink's Creek since the
Town's project vas first proposed in 1996, and the sampling has revealed that Ank's Creek is a
highly productive PNA.
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15. The sampling in Jink's Creek by DMF has revered a f shery resource of a
quantity and quiity similar ro that of nearby PNAs which have not been so extensively
disrobed.
16. The U.S. Environrnental Protection Agency, National Marine Fisheries Service,
N.C. Division of Marine Fisheries, N.C. Division of Coasta! Management, N.C. Wildlife
Resources Commission, and N.C. Division of Water Quality all objected to or :e.:ommerded
against the Town's proposed dredging project.because of the anticipated significant adverse
impacts on the P\A and fishery resource in Jink's.Creek.
17. The DCM denied the Town's permit application under G.S. 113A-120(a)(2) of the
-Coastal Area Mam9ement Act (LAMA) because the proposed dredging• would have a
significant ad•: ease impact to fishery resources under G.S.113-229(e)(5), thus prxluding the
issuance of a pe--mit under the Dredge and H1 Law.
18. ' The�DC`1 denied the Town's permit application under G.S. 113A-120(a)(3) of the
C -UN4A because the proposed dredging would be incorsistent with Rules I SA NCAC 7H
.0203(a)(2)(B); 0209()(1), and .0206(c) of the CRC, rela:irg to adverse impacts PNAs, and
values of eraarine wate.-a.
19. The DCM also denied the Town's permit application under G.S. 113A-120(a)(8)
of the CAvLS because the proposed dredging would be inconsistent with the Town's L=d Use
PI
an.whtch into porates the State's-standards or guidelines.
20. The width and depth of the dredging originally underr cn within the Jines Creek
conplex hs not been provided.
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MICHAEL F. EASLEY
ATTORNEY GENERAL
MEMORANDUM
State of North Carolina
Department of Justice
P. 0. BOX 629
RALEIGH
27602-0629
TO: Charles Jones
IJohn Parker
Jerry Parker
FROM: Dave Heeter Gpltll-
DATE: December 23, 1998
Reply to: David G. Heeter
Environmental Division
Tel: [phone]
Fax: [phone]
[e-mail]
RE: Sunset Beach Variance Request - Response to Proposed Stipulated Facts
Attached you will find the response I received from Linda Fluegel to the proposed
stipulated facts which I sent her. I tend to agree with her conclusion that there are too many
factual disagreements between the parties to take this matter directly to the Commission based on
stipulated facts.
I will try to schedule a conference call between all of you to go over her responses. At
that point, I should-b-e-a-51-eltb identify the factual issues to be resolved at a hearing.

l"Et" 1 i1 11- ' i
GENERAL
cnvironmenial Division
Fria Pluegel, Administrator
I..u'r. Crim, Asst. Administrator
North Carolina Department
of Environment and Natural Resources
Division of Coastal Management
Donna D. Moffitt, Director
P.O. Box 27687
Raleigh, N. C. 27611-7687
December 8, 1998
Cd`.card V. (,,,'..tin.
C drl lia:crttorc. c,a,rril
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�ir fold
IJ,�v d t :rantL•am. C nun�i
RE: Variance Request to excavate approximately 2.9 acres of Jink's, Mary's and Turtle Creeks in Sunset
Beach
Dear Mrs. Moffitt:
November 9, 1998 the Town received a list of stipulated facts regarding the above referenced
project.
Please find enclosed a copy of the Town's answers to the stipulated facts and a review sheet
indicating facts about the project that we have stated all along in our application for this project.
Mr. David G. Heeter, Assistant Attorney General informed me that the Town must agree to all
the stipulated facts in order to be considered for a variance. He further stated that if the Town did not
agree to all the stipulated facts that we would be required to appear before an Administrative Law Judge.
As you will see we do not agree with all the stipulated facts, therefore request that a hearing before an
Administrative Law Judge be arranged as quickly as possible.
If this is not the correct procedure to get a hearing in front of an Administrative Law Judge
please inform me.
Sincerely,
Linda Fluegel
Administrator
Encs. Attachment Answers To Stipulated Facts
In Review
Stipulated Facts
Copies of 07H.0206,. 0207 and .0208
Maps
CC: David G. Heeter, Assistant Attorney General
-00 tiUnSCI lloidev,Ird North - ` un1cl Fc.lih. \l 2S4oS
01,1 i.', I- tilll 1'.I\ dill_-,1_11111

ATTACHMENT ANSWERS TO STIPULATED FACTS
1. Agree
2. Agree
3. Agree
4. Agree
5. Agree
6. We do not totally agree with this statement. We have agreed to a 6 foot depth instead of 8 feet.
7. Agree, but this is just the maintenance of the Rules Channel.
8. Agree- Aerial Photographic 1/20/49 Aerial Photographic 3/22156 Aerial Photographic 3/18/66 Aerial
Photographic U05/72
9. Do No Agree - "Not apparently" - Actual Maintenance dredging was completed:
Turtle Creek - CAMA Permit 3/10/87 RS. Adams - Dredged in 1987
Mary's Creek - CAMA permit 241-67 February 10, 1992
Dredged in 1992 and 1993
10. Agree - In the 1990's
11. Agree - Except the soft mud is very deep - over 6 ft. deep in the channels.
12. Agree - Except the water flat is dry at Low water and is filling at a rate of 6" to 12" per year. There
will be no water in approximately 10 years as it returns to its natural state as shown in 11/20/49 aerial
photograph - unless the channel is maintained
13. Agree
14. Do Not Agree - The water is extremely polluted and shellfishing has not been allowed in over 10
years. It will not be a highly productive area because there will not be much tide water within the nest 10
years.
15. Do Not Agree - The long time property owners state that the fish, crab and shrimp have drastically
been reduced in the 1990's. The area was very productive in the 1970's and 1980's.
16. Do Not Agree - Will be consistent because this is not new construction but maintenance of the channel
dredged in the 1960's and maintained The Dredging will actually improve the standards as follows. 0208
GS 113A-120
A. Maintenance dredging
B. Location is set by prevision development in 1960's.
C. Will improve water quality.

D. Will not cause major damage but will improve the area.
E. There will be very little submerged aquatic vegetation and spawning and nursery area because
it is returning to its natural state above most tide water if not maintained
F. The maintenance will eliminate the stagnate water that is there today.
G. The dredging will be accomplished between October and April and will not effect the life
cycles
H. There is no navigation at most of the Ocean tide. The maintenance dredging
will open the public trust areas to boat navigation.
17. DCM did deny the Town's permit application stating it would have significant adverse impact to
fishery resources. We do not agree with DCM. The water quality in this area is so poor at this time
because there is no flushing action that a nursery could not survive.
18. Not true - .02082B - All spoil material is to be continued to an approved existing
spoil area across the Intracoastal Waterway which will be repaired and reconditioned per submitted
drawing.
.0206C - The maintenance dredging will maintain the economic value and conserve the
estuarine. If the maintenance dredging is not done the economic value will be reduced by several million
dollars and there will be very little water conserved for entrance water.
19. The Town's Land Use plan is consistent as the channel was dredged in the I960's like the waterways
on Sunset Beach Island
20. Not true - Aerial photographic evidence was provided as well as an affidavit made by Mr. Ed Gore
that he dredged Jink's Creek

I. (a) When the Intracoastal Waterway was built it cut off Jink's Creek which rerouted itself. This is
shown in the 1949 aerial photographic evidence.
(b) Mr. Ed Gore, Sr. dredged the West entrance to the Intracoastal called Mary's Creek in the 1960's.
This is shown in the 1966 aerial photographic evidence. Also, an affidavit was provided by Mr. Gore that
the channel was dredged A 1972 aerial photographic evidence shows that a U-shaped channel was
completed to remove run off water from the area and to provide for boat navigation.
(c) Maintenance Dredging 1. East Entrance, Turtle Creek was dredged in 1987 by Mr. R. S. Adams, a
property owner. A CAMA permit was issued on March 10, 1987.
2. West inlet, Mary's Creek was dredged in 1992 and 1993 by Mr. Joe
Peed, owner of a Fishhouse and Restaurant. CAMA Permit no. 241-67 was issued February 10, 1992.
3. In 1989 Hurricane Hugo caused major erosion and filled the connecting
channel with.trash that stopped the flow of tide water. An additional trash problem occurred in the 1993
Spring storm. The property owners incurred substantial expense in removing the trash.
4. The interconnect channel had a flow of water throughout the total
channel until these storms, even at low tide.
5. Also, in the 1970's and the 1980's large commercial shrimp boats using
the channel kept the channel open.
6. In 1994, the property owners asked the Sunset Beach City to get the
necessary permit to maintenance dredge the channel. An application was presented to CAMA on
November 25, 1995.
In summary, an extensive effort has been made by the property owners to keep the channel open. An
excess of $100,000 has been invested
H. The property owners adjoining finks Creek channel paid premium prices for the lots to have water
front access to their property. Today this access is estimated to be over $50,000 per lot. To close the
channel would be a major economical loss to the property owners.
III. Today, both entrances are closed at low tide. The increased boat traffic in the last 10 years with the
holding area for the boats waiting for the bridge to open has built up a dike between the JinVs Creek area
and the Intracoastal Waterway.
IV. The proposed maintenance dredging will upgrade the water quality by allowing the tide water to
Rush out the fresh water and pollution's which is similar to the same logic used in dredging Futch Creek
in Pender County. Also, the proposed maintenance dredging will allow access to boat traffic to the
Intracoastal Waterway using the same logic as was used dredging the waterways at Ocean Isle Beach and
Holden Beach.

ATTACHMENT
STIPULATED FACTS
1. The Jink's Creek complex of small creeks, marsh, and mud flats runs parallel to
the north side of the Atlantic Intracoastal Waterway (AIW'W) in the Town of Sunset Beach.
2.. Jink's Creek is connected to the AIWW via Mary's and Turd e'Creeks.
3. The Jink's Creek complex is approximately 30 acres in size and separated from
the AIW W by an expanse of marsh 50 to 280 feet wide.
4. . The Town of Sunset Beach proposed to dredge a U.-shaped channel from the
AI'JAW to-Mary's Creek, then through.the shallow water cove which comprises Jink's Creek,
and back througa Turtle Creek to the A11v'W.
5. The dredging would improve water access for 24 private residences and a fish
market and restaurant.
6. The dredecd channel would be 2,875 feet long, 30 feet wide, except at the corners
where it would be 40 feet wide, and -8 feet deep.
Some 2.9 acres of bottom would be excavated.
S. Aer is photographs indicate that a U-shaped cham:el was excavated through the
Jink's Creek complex in the mid- 1960s.
9. Some maintenance excavating to a depth of -6 feet was apparently undertaken in
Mary's and Turtle Creek in 1987,
10. The previous excavating in Jink's Creek has become shealed in and naturalized.
11. The bottom is soft mud like that of an unexcavated coastal creek.
There is a border of coastal wetlands -along the entire shoreline of the project,
ranging in wid*. from 20 to 70 feet, and waterward of the marsh fringe there is an unvegetated
shallow; water flat that is basically dry at tow water
13. Jink's Creek has been designated a primary nursery area (PNA) by the Marine
Fisheries Com^tissioa to protect the juvenile fishery resources.
14. The Division of ;Marine Fisheries has been sampling Jink's Creek since the
Town's project was first proposed in 1995, and the sampling has revealed that Jink's Creek is a
highly productive PNA.
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13. The sampling in Jink's Creek by Dv1F has revealed a f!shery resource of a
quantity and quality similar io that of nearby PNAs which have not been so extensively
d.srafeed.
lb. The U.S. Environmental Protection Agency, National Marine Fisheries Service,
N.C. Division of Marine Fisheries, N.C. Division of Coastal Management, N.C. Wildlife
Resources Commission, and N.C. Division of Water Quality all objected to or recommended
against the Town's proposed dredging projcct.because of the anticipated significant adverse
impacts on the PKA and fishery resource in Jink's.Creek.
17. The DCM denied the To Am's permit application under G.S. 113A-120(a)(2) of the
Coastal Arm Management Act (CAMA) because the proposed dredging -would have a
significant adverse impact to tlshery resources under G.S. 113-229(e)(5), thus prxluding the
.sa-ttattce Ora permit under the Dredge and Fill Law.
18. ' The DC`4 denied the Towns permit application under G.S. 113A-120(a)(8) of the
CAMA because the proposed dredging would be inconsistent with Rules 15A NCAC 7H
.0208(a)(2)(B), 0208(b)(1), and .020o(c) of the CRC, relating to adverse impacts, PNAs, and
values of estuarine waters.
19. The DCM also denied the Town's permit application under G.S. 113A-120(a)(8)
of dte CAME. because the proposed dredging would be inconsistent with the Town's Lard Use
Plan -which inco.Ycrates the State's standards or guidelines.
20. The width and depth of the dredging originally undertaken within the Jink's Creek
complex has not been provided.
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State of North Carolina
MICHAEL F. EASLEY Department of Justice Reply to: David G. Heeler
AT RNEY GENERAL P. O. BOX 629 Environmental Division
RALEIGH Tel: [phone]
27602-0629 Fax: [phone]
dheeterea mail.jus.state.nc.us
December 28, 1998 PP(wer)
Ms. Linda Fluegel DEC 2 9 1998
Administrator
Town of Sunset Beach COASTAL MANAGEMENT
700 Sunset Boulevard North
Sunset Beach, NC 28468
Re: Response to Proposed Stipulated Facts, Town of Sunset Beach Variance Request,
CMV 98-21, Brunswick County
Dear Ms. Fluegel:
I have received your response to the proposed stipulated facts. I agree that there are
probably too many factual disagreements to take your variance request directly to the Coastal
Resources Commission without a hearing. I have asked the Division of Coastal Management to
review your response to try to reduce the number of factual disputes before we go to a hearing.
In the meantime, I suggest you call the Office of Administrative Hearings, (919) 733-
2698, and obtain a contested case hearing petition. After you file it, this matter will be placed on
the hearings calendar. If a hearing becomes unnecessary, you can always dismiss your petition.
Very truly yours,
za�.'-qW
David G. Heeter
Assistant Attorney General
cc: Donna Moffitt
Charles Jones
/John Parker
Jerry Parker
ep/ 29532

• r,VJN
r7
O� ica i no ` O c��ss �`c�c 12 ' l o
IJ C.G. (Cherri) Cheek, Nlavor
Edward M. Gore, Sr., Council
Carl Bazemore, Council
Paul (Ed) Hughes, Council
Lloyd Grantham, Council
Clifford Errickson, Council
December 8, 1998
Linda Fuegel, Administrator
Lam Crim, Asst. Administrator
North Carolina Department
of Environment and Natural Resources
Division of Coastal Management
Donna D. Moffitt, Director
P.O. Box 27687
Raleigh, N. C. 27611-7687
RE: Variance Request to excavate approximately 2.9 acres of Jink's, Mary's and Turtle Creeks in Sunset
Beach
Dear Mrs. Moffitt:
November 9, 1998 the Town received a list of stipulated facts regarding the above referenced
project
Please find enclosed a copy of the Town's answers to the stipulated facts and a review sheet
indicating facts about the project that we have stated all along in our application for this project.
Mr. David G. Heeter, Assistant Attorney General informed me that the Town must agree to all
the stipulated facts in order to be considered for a variance. He further stated that if the Town did not
agree to all the stipulated facts that we would be required to appear before an Administrative Law Judge.
As you will see we do not agree with all the stipulated facts, therefore request that a hearing before an
Administrative Law Judge be arranged as quickly as possible.
If this is not the correct procedure to get a hearing in front of an Administrative Law Judge
please inform me.
Sincerely,
Ca-�
Linda Fluegel
Administrator
Encs Attachment Answers To Stipulated Facts
In Review
Stipulated Facts
Copies of 07HA206,. 0207 and .0208
Maps -
CC: Davi&G. Fleeter, Assistant Attorney General
700 Sunset Boulevard North • Sunset Beach, NC 28468 NT
Telephone [phone] • 910-579-3808 • Fax [phone]

ATTACHMENT ANSWERS TO STIPULATED FACTS
I. Agree
2. Agree
3. Agree
4. Agree
5. Agree
6. We do not totally agree with this statement. We have agreed to a 6 foot depth instead of 8 feet.
7. Agree, but this is just the maintenance of the Jir k's Channel.
8. Agree- Aerial Photographic 1/20/49 Aerial Photographic 3/22/56 Aerial Photographic 3/18/66 Aerial
Photographic U05/72
9. Do No Agree - "Not apparently" - Actual Maintenance dredging was completed:
Turtle Creek - CAMA Permit 3/10/87 RS. Adams - Dredged in 1987 • 7 3 47
%
Mary's Creek - CAMA permit 241-4 February 10, 1992
Dredged in 1992 and 1993
10. Agree - In the 1990's
11. Agree - Except the soft mud is very deep - over 6 ft. deep in the channels.
12. Agree - Except the water flat is dry at Low water and is filling at a rate of 6" to 12" per year. There
will be no water in approximately 10 years as it returns to its natural state as shown in 11/20/49 aerial
photograph - unless the channel is maintained
13. Agree
14. Do Not Agree - The water is extremely polluted and shellfishing has not been allowed in over 10
years. It will not be a highly productive area because there will not be much tide water within the next 10
years.
15. Do Not Agee - The long time property owners state that the fish,.crab and shrimp have drastically
been reduced in the 1990's. The area was very productive in the 1970's and 1980's.
16. Do Not Agree - Will be consistent because this is not new construction but maintenance of the channel
dredged in the 1960's and maintained The Dredging will actually improve the standards as follows. 0208
GS 113A-120
A. Maintenance dredging
B. Location is set by prevision development in 1960's.
C. Will improve water quality.

D. Will not cause major damage but will improve the area.
E. There will be very little submerged aquatic vegetation and spawning and nursery area because
it is returning to its natural state above most tide water if not maintained
F. The maintenance will eliminate the stagnate water that is there today.
G. The dredging will be accomplished between October and April and will not effect the life
cycles
FL There is no navigation at most of the Ocean tide. The maintenance dredging
will open the public taut areas to boat navigation.
17. DCM did deny the Town's permit application stating it would have significant adverse impact to
fishery resources. We do not agree with DCM The water quality m this area is so poor at this time
because there is no flushing action that a nursery could not survive.
18. Not true - .02082B - All spoil material is to be continued to an approved existing
spoil area across the Intracoastal Waterway which will be repaired and reconditioned per submitted
drawing.
.0206C - The maintenance dredging will maintain the economic value and conserve the
estuarine. if the maintenance dredging is not done the economic value will be reduced by several million
dollars and there will be very little water conserved for entrance water.
19. The Town's Land Use plan is consistent as the channel was dredged in the 1960's like the waterways
on Sunset Beach Island
20. Not true - Aerial photographic evidence was provided as well as an affidavit made by Mr. Ed Gore
that he dredged Jink's Creek.

IN REVIEW
I. (a) When the Intracoastal Waterway was built it cut off Jink's Creek which rerouted itself. This is
shown in the 1949 aerial photographic evidence.
(b) Mr. Ed Gore, Sr. dredged the West entrance to the Intracoastal called Marys Creek in the 1960's.
This is shown in the 1966 aerial photographic evidence. Also, an affidavit was provided by Mr. Gore that
the channel was dredged A 1972 aerial photographic evidence shows that a U-shaped channel was
completed to remove ran off water from the area and to provide for boat navigation.
(c) Maintenance Dredging 1. East Entrance, Turtle Creek was dredged in 1987 by Mr. R. S. Adams, a
property owner. A CAMA permit was issued on March 10, 1987.
2. West inlet, Mary's Creek was dredged in 1992 and 1993 by Mr. Joe
Peed, owner of a Fishhouse and Restaurant. CAMA Permit no. 241-67 was issued February 10, 1992.
3. In 1989 Hurricane Hugo caused major erosion and filled the connecting
channel with,trash that stopped the flow of tide water. An additional trash problem occurred in the 1993
Spring storm. The property owners incurred substantial expense in removing the trash.
4. The interconnect channel had a flow of water throughout the total
channel until these storms, even at low tide.
5. Also, in the 1970's and the 1980's large commercial shrimp boats using
the channel kept the channel open.
6. In 1994, the property owners asked the Sunset Beach City to get the
necessary permit to maintenance dredge the channel. An application was presented to CAMA on
November 25, 1995.
In summary, an extensive effort has been made by the property owners to keep the channel open. An
excess of $100,000 has been invested
II. The property owners adjoining Jink's Creek channel paid premium prices for the lots to have water
front access to their property. Today this access is estimated to be over $50,000 per lot. To close the
channel would be a major economical loss to the property owners.
M. Today, both entrances are closed at low tide. The increased boat traffic in the last 10 years with the
holding area for the boats waiting for the bridge to open has built up a dike between the Ank's Creek area
and the Intracoastal Waterway.
IV. The proposed maintenance dredging will upgrade the water quality by allowing the tide water to
flush out the fresh water and pollution's which is similar to the same logic used in dredging Futch Creek
in Pender County. Also, the proposed maintenance dredging will allow access to boat traffic to the
Intracoastal Waterway using the same logic as was used dredging the waterways at Ocean We Beach and
Holden Beach.

ATrACHNLENT 2
STIPULATED FACTS
1. The Jink's Creek complex of small creeks, marsh, and mud flats-rms parallel to
the north side of the Atlantio Intracoastal waterway (AIWW) in the Town of Sunset Beach.
2.. Jink's Creek is connected to the AIWW via Mary's and Turtle Creeks.
3. The Jink's Creek complex is approximately 30 acres in size and separated from
the A1W W by an expanse of marsh 50 to 280 feet wide.
4. . 7-he Town of Sunset Beach proposed to dredge a U-shaped channel from the
AIW"W to-Mary's Creek, then through ilic shallow water cove which comprises Jink's Creek,
and back through Turd e Creek to the AI7v W.
5. The dredging would improve water access for 24 private residences and a fish
market and restaurant.
6. The dredged channel would be 2,875 feet long. 30 feet wide, except at the corners
where 't would be 40 feet 'Aide, and 4 feet deep.
.7. Some 2.9 acres of bottom would be excavated.
8. Aerial photographs indicate that a U-shaped channel was excavated through the
Jink's Creek complex in the mid- 1960s.
9. Some mainten2ice excavating to a depth of -6 feet was apparently undertaken in
May's and Turtle Creek in 1937.
10. The previous excavating in Jink's Creek has become shoaled in and naturalized.
11. The bottom is soft mud like that of an nrexcavated coastal creek.
I'-. There is a border of coastal wetlands -along the entire shor-_line of the project,
ranging in width from 20 to 70 feet, and waterward of the marsh fringe there is an unvegetated
shallow water flat that is basically dry at low water
13. Jink's Creek has been designated a primary• nursery area (PNA) by the Marine
Fisheries Commission to protect the juvenile fishery resources.
14. The division of Marine Fisheries has been sampling Jink's Creek since the
To'Arn's project was first proposed in 1995, and the sampling has revealed that Jink's Creek is a
highly productive PNA.
SC'd ;O:tit Ali, 6 A014 c9L9-91L-6io:}ed2J3tJ39.�3Md0iiN '�'N

15. The sampling in Jink's Creek by DMF has revealed a f shery resource of a
quantity and quality similar io that of nearby PNAs which have not been so extensively
disturbed.
16. The.U.S. Environmental Protcetioa Agency, National Marine Fisheries Service,
.N.C. Division of Marine Fisheries, i\.C. Division of Coastal Management, N.C. Wildlife •
Resources Commission, and N.C. Division of Water Quality all obiected to or recommended
against the Town's proposed dredging projeot.because of the anticipated significant adverse
impacts on the PNLA and fishery reso=a in Jink's.Craek.
17. The DCM denied the Town's permit application under G.S. 113A-120(a)(2) of the
-Coastal Ama Management Act (CAMA) because the proposed dredging would have a
siawficant adverse impact to fishery resources under G.S,113-229(e)(5), thus precluding the
issuartce of a permit under the Dredge and Fill Law.
18. ' The DC`4 denied tho Towns permit application under.G.S. 113A-120(a)(8) ofthe
CAN4A because the proposed dredging Would be inconsistent with Rules 15A NCAC 7H
.0208(a)(2)(B), 0208(b)(1), and .0^_06(c) of the CRC, rela:mg,to adverse impacts, PKAs, and
values of estuarine Ovate.-s.
19. The DCM also denied the T.own's pnnnit application under G.S. 113A-120(a)(8)
of the CAM LA because the proposed dredging would be inconiistent with the Town's Land Use
Plan.-tvhich inco:r,crates the Stare's-standards or guidelines.
20. The width and depth of the dredging originally undertaken within the link's Creek
complex has not been provided.
VG•d 90:`v[ :st, 5 '+old '7'N

i'O [J�ss �`cu_ " 1 -7o
C.G. (Cherri) Cheek, Mayor
Edward M. Gore, Sr., Council
Carl Bazemore, Council
Paul (Ed) Hughes, Council
Lloyd Grantham, Council
Clifford Errickson, Council
December 8, 1998
Linda Fluegel, Administrator
Larry Crim, Asst. Administrator
North Carolina Department
of Environment and Natural Resources
Division of Coastal Management
Donna D. Moffitt, Director
P.O. Box 27687
Raleigh, N. C. 27611-7687
RE: Variance Request to excavate approximately 2.9 acres of Jink's, Mary's and Turtle Creeks in Sunset
Beach
Dear Mrs. Moffitt:
November 9, 1998 the Town received a list of stipulated facts regarding the above referenced
project.
Please find enclosed a copy of the Town's answers to the stipulated facts and a review.sheet
indicating facts about the project that we have stated all along in our application for this project.
Mr. David G. Fleeter, Assistant Attorney General informed me that the Town must agree to all
the stipulated facts in order to be considered for a variance. He further stated that if the Town did not
agree to all the stipulated facts that we would be required to appear before an Administrative Law Judge.
As you will see we do not agree with all the stipulated facts, therefore request that a hearing before an
Administrative Law Judge be arranged as quickly as possible.
if this is not the correct procedure to get a hearing in front of an Administrative Law Judge
please inform me.
Sincerely,
A,P" ` �
Linda Fluegel
Administrator
Encs, Attachment Answers To Stipulated Facts
In Review
Stipulated Facts'
Copies of 07H.0206,. 0207 and .0208
Maps -
CC: Dand-G Hecter, Assistant Attorney General
700 Sunset Boulevard North • Sunset Beach, NC 28468
Telephone [phone] • 910-579-3808 e Fax [phone]

ATTACHMENT ANSWERS TO STIPULATED FACTS
1. Agree
2. Agree
3. Agree
4. Agree
5. Agree
6. We do not totally agree with this statement. We have agreed to a 6 foot depth instead of 8 feet.
7. Agree, but this is just the maintenance of the link's Channel.
8. Agree- Aerial Photographic 1/20/49 Aerial Photographic 3/22/56 Aerial Photographic 3/18/66 Aerial
Photographic U05/72
9. Do No Agree - "Not apparently" - Actual Maintenance dredging was completed:
Turtle Creek - CAMA Permit 3/10/87 RS. Adams - Dredged in 1987
Mary's Creek - CAMA permit 241-67 February 10, 1992
Dredged in 1992 and 1993
10. Agree - In the 1990's
11. Agree - Except the soft mud is very deep - over 6 ft. deep in the channels.
12. Agree - Except the water flat is dry at Low water and is filling at a rate of 6" to 12" per year. There
will be no water in approximately 10 years as it returns to its natural state as shown in 11/20/49 aerial
photograph - unless the channel is maintained
13. Agree
14. Do Not Agree - The water is extremely polluted and shellfishing has not been allowed in over 10
years. It will not be a highly productive area because there will not be much tide water within the next 10
yam•
15. Do Not Agree - The long time property owners state that the fish crab and shrimp have drastically
been reduced in the 1990's. The area was very productive in the 1970's and 1980's.
16. Do Not Agree - Will be consistent because this is not new construction but maintenance of the channel
dredged in the 1960's and maintained The Dredging will actually improve the standards as follows. 0208
GS 113A-120
A Maintenance dredging
B. Location is set by prevision development in 1960's.
C. Will improve water quality.

D. Will not cause major damage but will improve the area.
E. There will be very little submerged aquatic vegetation and spawning and nursery area because
it is returning to its natural state above most tide water if not maintained
F. The maintenance will eliminate the stagnate water that is there today.
G. The dredging will be accomplished between October and April and will not effect the life
Cycles
R There is no navigation at most of the Ocean tide. The maintenance dredging
will open the public trust areas to boat navigation.
17. DCM did deny the Town's permit application stating it would have significant adverse impact to
fishery resources. We do not agree with DCM. The water quality in this area is so poor at this time
because there is no flushing action that a nursery could not survive.
18. Not true - .02082B - All spoil material is to be continued to an approved existing
spoil area across the Intracoastal Waterway which will be repaired and reconditioned per submitted
drawing.
.0206C - The maintenance dredging will maintain the economic value and conserve the
estuarine. If the maintenance dredging is not done the economic value will be reduced by several million
dollars and there will be very little water conserved for entrance water.
19. The Town's Land Use plan is consistent as the channel was dredged in the 1960's like the waterways
on Sunset Beach Island
20. Not true - Aerial photographic evidence was provided as well as an affidavit made by Mr. Ed Gore
that he dredged Rules Creek

IN REVIEW
I. (a) When the Intracoastal Waterway was built it cut off Ank's Creek which rerouted itself. This is
shown in the 1949 aerial photographic evidence.
(b) Mr. Ed Gore, Sr. dredged the West entrance to the Intracoastal called Mary•'s Creek in the 1960's.
This is shown in the 1966 aerial photographic evidence. Also, an affidavit was provided by Mr. Gore that
the channel was dredged A 1972 aerial photographic evidence shows that a U-shaped channel was
completed to remove run off water from the area and to provide for boat navigation.
(c) Maintenance Dredging 1. East Entrance, Turtle Creek was dredged in 1987 by Mr. K S. Adams, a
property owner. A CAMA permit was issued on March 10, 1987.
2. West inlet, Marys Creek was dredged in 1992 and 1993 by Mr. Joe
Peed, owner of a Fishhouse and Restaurant. CAMA Permit no. 241-67 was issued February 10, 1992.
3. In 1989 Hurricane Hugo caused major erosion and filled the connecting
channel with.trash that stopped the flow of tide water. An additional trash problem occurred in the 1993
Spring storm. The property owners incurred substantial expense in removing the trash.
4. The interconnect channel had a flow of water throughout the total
channel until these storms, even at low tide.
5. Also, in the 1970's and the 1980's large commercial shrimp boats using
the channel kept the channel open.
6. In 1994, the property owners asked the Sunset Beach City to get the
necessary permit to maintenance dredge the channel. An application was presented to CAMA on
November 25, 1995.
In summary, an extensive effort has been made by the property owners to keep the channel open. An
excess of $100,000 has been invested
II. The property owners adjoining Finks Creek channel paid premium prices for the lots to have water
front access to their property. Today this access is estimated to be over $50,000 per lot. To close the
channel would be a major economical loss to the property owners.
M. Today, both entrances are closed at low tide. The increased boat traffic in the last 10 years with the
holding area for the boats waiting for the bridge to open has built up a dike between the Ank's Creek area
and the Intracoastal Waterway.
IV. The proposed maintenance dredging will upgrade the water quality by allowing the tide water to
flush out the fresh water and pollution's which is similar to the same logic used in dredging Futch Creek
in Pender County. Also, the proposed maintenance dredging will allow access to boat traffic to the
Intracoastal Waterway using the same logic as was used dredging the waterways at Ocean Isle Beach and
Holden Beach.

ATTACHMENT 2
STIPULATED FACTS
1. The link's Creek complex of small creeks, marsh, end mud flats -runs parallel to
the north side of the Atlantic Intracoastal Waterway (AIWW) in the Town of Sunset Beach.
2.. link's Creek is connected to the AIR"W via Mary's and Turde Creeks.
3. The link's Creek complex is approximately 30 acres in size and separated from
the AI W W by an expanse of marsh 5D to 280 feet wide.
4. , The Town of Sunset Beach proposed to dredge a U-shaped channel from the
AI'W%V to-Mary's Creek, then through.the shallow water cove which comprises link's Creek,
and back through Tunie Creek to the AITW.
S. The dredging would improve water access for 24 private residences and a fish
market and restaurant.
6. The dredged channel would be 2,875 feet long, 30 feet wide, except at the comers
where it would be 40 feet wide, and -8 -feet deep.
Some 2.9 acres of bottom would be excavated.
S. Aerial photographs indicate that a U-shaped channel was excavated through the
link's Creek complex in the mid- 1960s.
9. Some maintenance excavating to a depth of -6 feet was apparently undertaken in
Mary-'s and Turtle Creek in 1987,
10. The previous excavating in link's Creek has become shoaled in and naturalized.
11. The bottom is soft mud like that of an urexca'vated coastal creek.
1'_. There is a border of coastal wetlands -along the entire shoreline of the project,
ranging in width from 20 to 70 feet, and waterward of the marsh fringe there is an uavegetatd
shallow water flat that is basically dry at low water
13. link's Creek has been designated a primary nursery area (PNA) by the Marine
Fisheries Commission to protect the juvenile fishery resources.
14. The Division of Marine Fisheries has been sampling link's Creek since the
Town's project was first proposed in 1995, and the sampling has revealed that link's Creek is a
highly productive PNA.
M'd 50: Vi 1�6: 6 AoN 69L9-9iL-616: /Pd -RJd3N39 1.3MOUb '0'N

15. The sampling in Jink's Creek by DMF has revealed a fishery resource of a
quantity and quality similar io that of nearby PNAs which have not been so extensively
disturbed.
16. The-U.S. Environmental Protcetion Agency, National Marine Fisheries Service,
N.C. Division of Marine Fisheries, N.C. Division of Coastal Management, N.C. Wildlife
Resources Commission, and N.C. Division of Water Quality all objected to or recommended
against the Town's proposed dredging project. because of the anticipated significant adverse
impacts on the PIMA and fishery resource in Jink's.Creek.
17. The DCM denied the Town's permit application under G.S. 113A-120(a)(2) of the
-Coastal Area Management Act (CAMA) because the proposed dredging would have a
significant adverse impact to fishery resources under G.S,113-229(e)(5), thus prxluding the
issuance of a permit under the Dredge and Fill Law.
18. ' The DCM denied the To%vn's permit application under G.S. 113A-120(a)(8) of the
CAMA because the proposed dredging -would be in orsistent with Rules 15A NCAC 7H
.0208(a)(2)(B). 0208(b)(1), and .0^_0o(e) of the CRC, relating to adverse impacts, YIN -As, and
values of estuarine waters.
19. The DCM also denied the Town's permit application under G.S. 113A-120(a)(8)
of the CAMA because the proposed dredging would be inconsistent with the Town's Land Use
Plan -which incorporates the State's-standards or guidelines.
20. The width and depth of the dredging originally undertaken within the link's Creek
.complex has not been provided.
tG'd 90:`I 56. 5 n.otd �9L9-STL-61o:vpd lc�3N39 A3Nd011t '0'N

ENR - COASTAL MANAGEMENT T15A: 07H .0200
,'(5) Sea Lavender.(Limonium spp.), .
(6) Bulrush (Scirpus spp.),
(7) Saw Grass. (Cladium jamaicense),
(S) Cat -tail (Typha spp.),
(9) Salt Meadow Grass (Spartina patens),
(10) Salt Reed Grass (Spartina cynosuroides).
The coastal wetlands AEC includes any contiguous lands designated by the Secretary of ENR pursuant to G:S. 113-
230 (a).
(b) Significance. The unique productivity of the estuarine and ocean system is supported by detritus (decayed plant
material) and nutrients that are exported from the coastal marshlands. The amount of exportation and degree of
importance appears to be variable from marsh to marsh, depending primarily upon its frequency of inundation and
inherent characteristics of the various plant species. Without the marsh, *the high productivity levels and complex food
chains typically found in the estuaries could not be maintained.
Man harvests various aspects of this productivity when he fishes, hunts, and gathers shellfish from the estuary.
Estuarine dependent species of fish and shellfish such as menhaden, shrimp, flounder, oysters, and crabs currently
make up over 90 percent of the total value of North Carolina's commercial catch. The marshlands, therefore, support
an enormous amount of, commercial and recreational businesses along the seacoast.
The roots, rhizomes, stems, and seeds of coastal wetlands act as good quality waterfowl -and wildlife feeding and
nesting materials. In addition, coastal wetlands serve as the first line of defense in -retarding estuarine shoreline
erosion. The plant stems and leaves tend to dissipate wave action, while the vast network of roots and rhizomes resists
soil erosion.- In this way, the coastalwetlands serve as barriers against flood -damage and control erosion between.
the estuary and the uplands.
Marshlands also act as nutrient and sediment traps by slowing the water which flows over them and causing
suspended organic and inorganic particles to settle out. In -this manner, the nutrient storehouse is maintained, and
sediment harmful to marine organisms is removed. Also, pollutants and excessive nutrients are absorbed by the marsh
plants, thus'providing aninexpensive water treatment service.
(c) Management Objective. To conserve and manage coastal wetlands so as to safeguard and perpetuate their
biological, social, economic and aesthetic values; to coordinate and establish a management system capable of
conserving and utilizing coastal wetlands as a natural resource essential to the functioning of the entire estuarine
system.
(d) Use Standards. Suitable land uses shall be those consistent with the management objective in this Rule.
Highest priority of use shall be allocated to the conservation of exisring coastal wetlands. Second priority of coastal
wetland use shall be given to those types of development activities that require water access and cannot function
elsewhere.
Unacceptable land uses may include, but would not be limited to, the following examples: restaurants and
businesses; residences, apartments, motels, hotels, and trailer parks; parking lots and private roads and highways;
and factories. Examples of acceptable land uses may include utility easements, fishing piers, docks, and agricultural
uses, such as farming and forestry drainage, as permitted under North Carolina's Dredge and Fill Act or other
applicablea laws.
In -every instance, the particular location, use, and design characteristics shall be in accord with the general use
standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section.
Hisrory Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(1); 113A-124,
Eff. September 9; 1977,-
Amended Eff. August 1, 1998; October 1, 1993; May 1, 1990, January 24, 1978.
.0206 ESTUARINE WATERS
(a) Description. Estuarine waters are defined in G.S. 113A-113(b)(2) to include all the waters of the Atlantic
Ocean within the boundary of North Carolina and all the waters of the bays, sounds, rivers and tributaries thereto
seaward of the dividing line between coastal fishing waters and inland fishing waters. The boundaries berween inland
and coastal fishing waters are set forth in an agreement adopted by the Wildlife Resources Commission and the
Department of Environment and Natural Resources and in the most current revision of the North Carolina Marine
Fisheries Regulations for Coastal Waters, codified at 15A NCAC 3Q .0200.
(b) Significance. Estuarine waters are the dominant component and bonding element of the entire estuarine and
ocean system, integrating aquatic influences from both the land and the sea. Estuaries are among the most productive
natural environments of North Carolina. They support the valuable commercial and sports fisheries of the coastal area
NORTH CAROLINA ADMINISTRATIVE CODE 08121198 Page 2

ENR - COASTAL MANAGEMENT ThA: 07H .0200
which are .comprised of estuarine dependent species such as menhaden, flounder, shrimp, crabs, and oysters. These
species must spend all or some part of their life cycle within the estuarine waters to mature and reproduce. Of the
:10 leading species in the commercial catch, all but one are dependent on the estuary.
This high productivity associated with the estuary results from its unique circulation patterns caused by tidal energy,
nt trapping mechanisms; and protection to the many organisms. The
fresh water now, and shallow depth; nutrie
circulation of estuarine waters transports nutrients, propels plankton, spreads seed stages of fish and shellfish, flushes
wastes from animal and plant life, cleanses the system of pollutants, controls salinity, shifts sediments, and mixes the
water to create a multitude of habitats. Some important features of the estuary include mud and sand flats, eel grass
beds, sal[ marshes, submerged vegetation flats, clam and oyster beds, and important nursery areas.
Secondary benefits include the stimulation of the coastal economy from.the spin off operations required to service
commercial and sports fisheries, waterfowl hunting, marinas, boatyards, repairs and supplies, processing operations,
and tourist related industries. in addition, there is considerable nonmonetary value associated with aesthetics,
recreation, and education.
(c) Management Objective. To conserve and manage the important features of estuarine waters so as to safeguard
and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management
system capable of conserving and utilizing estuarine waters so as to maximize their benefits to man and the estuarine
and ocean system.
(d) Use Standards. Suitable landiwater uses shall be those consistent with the management objectives in this Rule.
Highest priority of use shall be allocated to the conservation of estuarine waters and their .vital components. Second
priority of estuarine waters use shall be given to those types of development activities that require water access and
use which cannot function elsewhere such as simple access channels; structures to prevent erosion; navigation
channels; boat docks, marina!:, piers, wharfs, and. mooring pilings.
In every instance, the particular location, use, and design characteristics shall be in accord with the general use
standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section.
History Note: Authority G.S. 113A-107(a); 113A-107(b); 113A-113(b)(2); 113A-124;
Eff. September 9, 1977,•
Amended Eff. August 1, 1998; Ocroberl, 1993; November 1, 1991; May 1, 1990; October 1, 1988. .
.0207 PUBLIC TRUST AREAS
(a) Description. Public trust areas are all waters of the Atlantic Ocean and the lands thereunder from the mean
hish water mark to the seaward limit of state jurisdiction; all natural bodies of water subject to measurable lunar tides
and lands thereunder to the mean high watermark; all navigable natural bodies of water and lands thereunder to the
mean high water level or mean water level as the case may be, except privately -owned lakes to which the public has
no rizht of access; all water in artificially created bodies of water containing s ��ttificant public fishing resources or
other public resources which are accessible to the public by navigation from bodies of water in which the public has
rights of navigation; and all waters in artificially created bodies of water in which the public has acquired rights by'
prescription, custom, usage, dedication, or any other means. In determining whether the public has acquired rights
in artificially created bodies of water, the following factors shall be considered:
(1) the use of the body of water by the public,
(2) the length of time the public has used the area,
(3) the value of public resources in the body of water,
(4) whether the public resources in the body of water are mobile to the extent that they can move into natural.
bodies of water,
(5) whether the creation of the artificial body of water required permission from the stale, and
(6) the value of the body of water to the public for navigation from one public area to another public area.
(b) Significance. The public has rights in these areas, including navigation and recreation. In addition, these areas
support valuable commercial and sports fisheries, have aesthetic value, and are important resources for economic
development.
(c) Management Objective. To protect public rights for navigation and recreation and to conserve and manage the
public trust areas so as to safeguard and perpetuate their biological, economic and aesthetic value.
(d) Use Standards. Acceptable uses shall be those consistent which
management
nt objectives in rferes the ragrappublic right of
this Rule. In the absence of overriding public benefit, any y
navigation or other public trust rights which the public may be found to have in these areas shall not be allowed. The
development of navigational channels or drainage ditches, the use of bulkheads to prevent erosion, and the building
of piers, wharfs, or marinas are examples of uses that may be acceptable within public trust areas, provided that such
NORTH CAROLINA ADMINISTRATIVE CODE 08121198
Page 3

T15A: 07H .0200
ENR - COASTAL MANAGEMENT
uses will not be detrimental to the public trust rights and the biological and physical functions of the estuary.. Projects
which would directly or indirectly block or impair existing navigation channels, increase shoreline erosion, deposit
spoils below mean high tide, cause adverse water circulation partems, violate water quality standards, or cause
degradation of shellfish waters are -generally considered incompatible with the management policies of public trust
areas. In every instance, the particular location, use, and design characteristics shall be in accord with the general
use standards for coastal wetlands, estuarine waters,.and public trust areas.
History Note: Authority G.S. 113A-107(a); I13A-107(b); 113A-113(b) (5);'113A-124;
Eff. September 9, 1977,•
Amended Eff. October 1, 1993.
.0208 -USE STANDARDS
(a) General Use Standards
(1) Uses which are not water dependent shall not be permitted in coastal wetlands, estuarine waters,.and public
trust areas. Restaurants, residences, iparmtents, motels, hotels, trailer parks, private roads, factories, and
parking lots are examples of uses that are not -water dependent. Uses that are water dependent may include:
utility easements; docks; wharfs; boat ramps; dredging; bridges and bridge approaches; revetments,
bulkheads; culverts; groins; navigational aids; mooring pilings; navigational channels; simple access
channels and drainage ditches.
(2) Before being granted a permit by the CRC or local permitting authority, there shall be a finding that the
applicant has complied with the following standards:
(A) The location, design, and need for development, as well as the construction activities involved shall
be consistent with the stated management objective.
(B) Before receiving approval for location of a use or developmentwithin these AECs, the permit-lating
authority shall find that no suitable alternative site or location outside of the AEC exists for the use
or development and, funkier; that the applicawhas selected a combination of sites and design that will
have a minimum adverse impact upon the productivity and biologic integrity of coastal marshland,
shellfish beds, beds of submerged aquatic vegetation, spawning and nursery areas, important nesting
and wintering sites for waterfowl and wildlife, and important natural erosion barriers (cypress
fringes, marshes, clay soils).
(C) Development shall not violate water and air quality standards.
(D) Development shall not cause major or irreversible damage to valuable documented azchaeol'ogical
or historic resources.
(E) Development shall not measurably increase siltation.
(F) Development shall not create stagnant water bodies.
(G) Development shall be timed to have minimum adverse significant affect on life cycles of estuarine
and ocean resources.
(H) Development shall not impede navigation or create undue interference with access to, or use of;
public trust areas or estuarine waters. '
(3) When the proposed development is in conflict with the general or specific use standards sec forth in this
Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated
with the proposed project will have public benefits as identifted in the findings and goals of the Coastal Area
Management Act, that the public benefits clearly outweigh the long range adverse effects of the project, that
there is no reasonable and prudent alternate site available for the project, and that all reasonable means and
measures to mitigate adverse impacts of the project have been incorporated into the project design and will
be implemented at the applicant's expense. These measures taken to mitigate or minimize adverse impacts
may include actions that will:
(A) minimize or avoid adverse impacts by limiting the magnitude or degree of the action;
(B) restore the affected environment; or
(C) compensate for the adverse impacts by replacing or providing substitute resources.
(4) Primary nursery areas are those areas in the estuarine and ocean system where initial post larval
development of finf[sh and crustaceans takes place. They are usually located in the uppermost sections of
a system where populations are uniformly early juvenile stages. They are officially designated and
described by the N.C. Marine Fisheries Commission in 15A NCAC 3B .1405 and by the N.C. Wildlife
Resources Commission in 15A NCAC 10C .0110.
(5) Outstanding Resource Waters are those estuarine waters and public trust areas classified by the N.C.
NORTH CAROLINA ADMINISTRATIVE CODE 08/21/98
Page 4

TI5A: 07H .0200
ENR-COASTAL MANAGEMENT
Environmental Management Commission pursuant to Title -15A, Subchapter- 2B'..0216 of the N.C.
Administrative Code as Outstanding Resource Waters (ORW) upon finding that such waters are of
exceptional state or national recreational or ecological significance. In those estuarine waters and public
trust areas classified as ORW by the Environmental Management Commission (EMC), no permit required
by the Coastal Area Management Act shall be approved for any project which would be inconsistent with
e CRC, EMC, or Marine.Fisheries Commission (MFC) for estuarine
applicable use standards adopted by th
waters, public trust areas, or coastal wetlands. For development activities not covered by specific use
standards, no permit shall be issued if -the activity would, based on site specific information, materially
degrade the water quality or outstanding resource values unless such degradation is -temporary.
(6) Beds of submerged aquatic vegetation (SAV) are those habitats in public trust and estuarine waters vegetated
with oneor more species of submergen[ vegetation. 'These vegetation beds occur in both subtidal and
intertidal zones and may occur in isolated patches or cover extensive areas. In either case, the bed is
defined by the presence of above -ground leaves or the below - .round rhizomes and propagules. In defining
SAVs, the CRC recognizes the Aquatic Weed Control Act of 1991 (G.S. 113A-220 et. seq.) and does not
lementing rules to apply to or conflict with the non -development
intend the SAV definition and its imp
control activities authorized by that Act.
(b) Specific Use Standards
(1) Navigation channels, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas
hiehly productive shellfish beds, beds of submerged aquatic vegetation, or significant areas of regularly or
irregularly flooded coastal wetlands.
(A) Navigation channels and canals may be allowed through narrow fringes of regularly and irregularly
flooded coastal wetlands if the loss of wetlands will have no significant adverse impacts on fishey
resources, water quality or adjacent wetlands, and, if there is no reasonable alternative that would
avoid the wetland losses.
(B) All spoil material from new construction shall be confined landward of regularly and irre-gularly
flooded coastal wetlands and stabilized to prevent entry of sediments into the adjacent water bodies
or marsh..
(C) Spoil from maintenance of channels and canals through irregularly flooded wetlands shall be placed
on non -wetland areas, remnant spoil piles, or disposed of by a. method having no significant, long
term wetland impacts. Under no circumstances shall spoil be placed on regularly flooded wetlands.
(D) Widths of the'canals and channels shall be the minimum required to meet the applicant's needs and
provide adequate water circulation.
(E) Boat basin design shall maximize water exchange by having the widest possible opening and the
shortest practical entrance canal. Depths of boat basins shall decrease from the waterward end inland
(F) Any canal or boat basin shall be excavated no deeper than the depth of the connecting channels.
(G) Canals for the purpose of multiple residential development shall have:
(i) no septic tanks unless they meet the standards set by the Division of Environmental Man-
agement and the Division of Environmental Health;
(ii) no untreated or treated point source discharge;
(iii) storm water routing and retention areas such as settling basins and grassed swales. -
(H) Construction of forger canal systems shall not be allowed. Canals shall be either straight or
meandering with no right angle comers.
(I) Canals shall be designed so as not to create an erosion hazard to adjoining property. Design may
include bulkheading, vegetative stabilization, or adequate setbacks based on soil characteristics.
(n Maintenance excavation in canals, channels and boat basins within primary nursery areas and beds
of submerged aquatic vegetation shall be avoided. However, when essential to maintain a traditional
and established use, maintenance excavation may be approved if the applicant meets all of the
following criteria as shown Ity clear and convincing evidence accompanying the permit application.
This Rule does not affect restrictions placed on permits issued after March 1, 1991.
(i) The applicant demonstrates and documents that a water -dependent need exists for the
excavation; and
(h) There exists a previously permitted channel which was constructed or maintained under
permits issued by the State or Federal government. If a natural channel was in use, or if a
human -made channel was constructed before permitting was necessary, there shall be clear
evidence that the channel was continuously used for a specific purpose; and
(iii) Excavated material can be removed and placed in an approved disposal area without sie
Page i
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 25, 1998
CERTIFIED MAIL
Return Receipt Requested
Town of Sunset Beach .
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC. 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
2.9 acres oftshallow bottom habitat of Jink's, Mary's and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20, 1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
Management has made the following findings:
1) The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Commission to afford such areas special
protection.
2) Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to six feet below mean low water (MLW), as opposed to
the eight feet below MLW now proposed, appears to have been carried out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state,
and is a fully functional primary nursery area. Therefore, the Division has
determined that the proposed project constitutes a new dredging activity, and not
maintenance of an existing channel for the purposes of maintaining a traditional
and established use. .
MOREHEAD CITY OFFICE
HESTRON PLAZA 11 151-B HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SOq RECYCLED/10q POST -CONSUMER PAPER

Town of Sunset Beach
Page 2
September 25, 1998
3) The proposed project will alter or eliminate approximately 2.9 acres of primary nursery area
and shallow water fisheries habitat. Primary nursery areas serve an important nursery function
for fish and shrimp, which in turn supports commercial and recreational fishing.
4) During the course of the permit application review, the U.S. Environmental Protection
Agency, the National Marine Fisheries Service, the N.C. Division of Marine Fisheries, the
N.C. Division of Coastal Management, the NC Wildlife Resources Commission, and the N.C.
Division of Water Quality all objected to the project or recommended that authorization for
the proposed development not be granted. These objections and recommendations for denial
were based upon the anticipated significant environmental impacts associated with the loss
of2.9 acres of highly functional PNA habitat.,
5) In a July 23, 1998 letter to you from the N.C. Division of Water Quality (DWQ), it was stated
that the proposed project would remove or degrade significant water quality uses, which
would result in a violation of State water quality standards. In addition, it is noted that the
Division of Water Quality has not yet received a response from you concerning project need
and design. Therefore, a Water Quality Certification has not been acted upon, and the DWQ
has informed this office that their record on this project is officially closed, a fact which
prevents this office from taking a favorable action on the application.
6) The failure to obtain a Water Quality Certification has also led the U.S. Army Corps of
Engineers to deny without prejudice on September 22, 1998 the Federal authorization for the
proposed dredging project, under the authority granted by Section 10 of the Rivers and
Harbor Act. The Corps of Engineers further stated in their denial letter that regardless of the
denial without prejudice, serious resource agency concerns exist relative to the proposed
project.
7) Based upon the finding that the proposed project would eliminate or degrade significant water
quality uses, which would also violate State water quality and antidegradation standards, the
proposed project has been determined to be inconsistent with the following rules of the
Coastal Resources Commission:
NCAC T15A:07H.0601, which states "No development shall be allowed in any AEC which
would result in a contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of the local government in which the development takes place";
T15A:07H:0208(a)(2)(C), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the proposed project will not violate
water and air quality standards; and
NCAC T15A07H.0207(d), which states that projects within public trust waters of the State

Town of Sunset Beach
Page 3
September 25, 1998
should not violate State water quality standards.
8) Based upon the determination that the proposed project would lead to unacceptable adverse
environmental impacts to 2.9 acres of primary nursery area -habitat, the proposed project has
been determined to be inconsistent with the following list of Rules of the Coastal Resources
Commission which deal with coastal resource protection and management:
T15A:07H.0208(b)(1), which states that "Navigation channels, canals, and boat basins must
be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds,
beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded
coastal wetlands...";
T15A:07H.0206(c), which states that the management objectives for estuarine waters are "To
conserve and manage the important features of estuarine waters so as to safeguard and
perpetuate their biological, social, aesthetic and economic values; to coordinate and establish
a management system capable of conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine system'; and
T15A:07H.0208(a)(2)(B), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the applicant has "selected a
combination of sites and design that will have a minimum adverse impact upon the
productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged
aquatic vegetation, spawning and nursery areas...".
9) Inasmuch as the proposal is inconsistent with a state standard or standards, the proposal has
been determined to be inconsistent with the Town of Sunset Beach Land Use Plan. _
Given the preceding findings, it is necessary that your request for a permit under the State
Dredge and Fill Law be denied. This denial is made pursuant to N.C.G.S. 113-229, which provides
that a permit may be denied for cases where a proposed development will lead to a significant adverse
impact to fisheries resources. It is further required that your request for a permit under the Coastal
Area Management Act be denied. This denial is made pursuant to (1) 113A-120(a)(2), which
requires that a CAMA permit be denied if the state dredge and fill permit is denied under N.C.G.S.
113-229, and (2) N.C.G.S. 113A-120(a)(8), which requires permit denial for projects inconsistent
with the state guidelines for Areas of Environmental Concern or the local land -use plan.
It is also noted that although this denial was made based upon reviewing the majority of the
proposed project as a new activity as opposed to maintenance excavation, the anticipated adverse
environmental impacts, the State and Federal review agency objections, and the denial of the
necessary Federal authorization are more than sufficient to support the denial of the project under the
maintenance excavation provisions of the Rules of the Coastal Resources Commission.

Town of Sunset Beach
Page 4
September 25, 1998
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listen to evidence and arguments of both parties
and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing
must be in the form of a written petition, complying with the requirements of § 150B of the General
Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447, [phone], within twenty (20) days of this decision on your
permit application. A copy of this petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance
of any Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives
the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
Donna D. Moffitt
DDM/dh
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
U.S. Army Corps of Engineers
Wilmington, NC

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 25, 1998
CERTIFIED MAIL
Return Recent Requested
Town of Sunset Beach .
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
2.9 acres of shallow bottom habitat of Jink's, Mary's and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20, 1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
Management has made the following findings:
1) The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Commission to afford such areas special
protection.
2) Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to six feet below mean low water (MLW), as opposed to
the eight feet below MLW now proposed, appears to have been carried out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state,
and is a fully functional primary nursery area. Therefore, the Division has
determined that the proposed project constitutes a new dredging activity, and not
maintenance of an existing channel for the purposes of maintaining a traditional
and established use.
MOREHEAD CITY OFFICE
HESTRON PLAZA 11 151-B HIGHWAY 24 MOREHEAD CITY NC ZSS57
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 Oq POST -CONSUMER PAPER

It,
Town of Sunset Beach
Page 2
September 25, 1998
3) The proposed project will alter or eliminate approximately 2.9 acres of primary nursery area
and shallow water fisheries habitat. Primary nursery areas serve an important nursery function
for fish and shrimp, which in turn supports commercial and recreational fishing.
4) During the course of the permit application review, the U.S. Environmental Protection
Agency, the National Marine Fisheries Service, the N.C. Division of Marine Fisheries, the
N.C. Division of Coastal Management, the NC Wildlife Resources Commission, and the N.C.
Division of Water Quality all objected to the project or recommended that authorization for
the proposed development not be granted. These objections and recommendations for denial
were based upon the anticipated significant environmental impacts associated with the loss
of 2.9 acres of highly functional PNA habitat.;
5) In a July 23, 1998 letter to you from the N.C. Division of Water Quality (DWQ), it was stated
that the proposed project would remove or degrade significant water quality uses, which
would result in a violation of State water quality standards. In addition, it is noted that the
Division of Water Quality has not yet received a response from you concerning project need
and design. Therefore, a Water Quality Certification has not been acted upon, and the DWQ
has informed this office that their record on this project is officially closed, a fact which
prevents this office from taking a favorable action on the application.
6) The failure to obtain a Water Quality Certification has also led the U.S. Army Corps of
Engineers to deny without prejudice on September 22, 1998 the Federal authorization for the
proposed dredging project, under the authority granted by Section 10 of the Rivers and
Harbor Act. The Corps of Engineers further stated in their denial letter that regardless of the
denial without prejudice, serious resource agency concerns exist relative to the proposed
project.
7) Based upon the finding that the proposed project would eliminate or degrade significant water
quality uses, which would also violate State water quality and antidegradation standards, the
proposed project has been` determined to be inconsistent with the following rules of the
Coastal Resources Commission:
NCAC T15A:07H.0601, which states "No development shall be allowed in any AEC which
would result in a contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of the local government in which the development takes place";
T15A:07H:0208(a)(2)(C), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the proposed project will not violate
water and air quality standards; and
NCAC T15A07H.0207(d), which states that projects within public trust waters of the State

M
Town of Sunset Beach
Page 3
September 25, 1998
should not violate State water quality standards.
8) Based upon the determination that the proposed project would lead to unacceptable adverse
environmental impacts to 2.9 acres of primary nursery area -habitat, the proposed project has
been determined to be inconsistent with the following list of Rules of the Coastal Resources
Commission which deal with coastal resource protection and management:
T15A:07H.0208(b)(1), which states that "Navigation channels, canals, and boat basins must
be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds,
beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded
coastal wetlands...';
T15A:07H.0206(c), which states that the management objectives for estuarine waters are "To
conserve and manage the important features of estuarine waters so as to safeguard and
perpetuate their biological, social, aesthetic and economic values; to coordinate and establish
a management system capable of conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine system'; and
T15A:07H.0208(a)(2)(B), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the applicant has "selected a
combination of sites and design that will have a minimum adverse impact upon the
productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged
aquatic vegetation, spawning and nursery areas...".
9) Inasmuch as the proposal is inconsistent with a state standard or standards, the proposal has
been determined to be inconsistent with the Town of Sunset Beach Land Use Plan.
Given the preceding findings, it is necessary that your request for a permit under the State
Dredge and Fill Law be denied. This denial is made pursuant to N.C.G.S. 113-229, which provides
that a permit may be denied for cases where a proposed development will lead to a significant adverse
impact to fisheries resources. It is further required that your request for a permit under the Coastal
Area Management Act be denied. This denial is made pursuant to (1) 113A-120(a)(2), which
requires that a CAMA permit be denied if the state dredge and fill permit is denied under N.C.G.S.
113-229, and (2) N.C.G.S. 113A-120(a)(8), which requires permit denial for projects inconsistent
with the state guidelines for Areas of Environmental Concern or the local land -use plan.
It is also noted that although this denial was made based upon reviewing the majority of the
proposed project as a new activity as opposed to maintenance excavation, the anticipated adverse
environmental impacts, the State and Federal review agency objections, and the denial of the
necessary Federal authorization are more than sufficient to support the denial of the project under the
maintenance excavation provisions of the Rules of the Coastal Resources Commission.

Town of Sunset Beach
Page 4
September 25, 1998
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties
and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing
must be in the form of a written petition, complying with the requirements of § 150B of the General
Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447, [phone], within twenty (20) days of this decision on your
permit application. A copy of this petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance
of any Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives
the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
Donna D. Moffitt
DDM/dh
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
U.S. Army Corps of Engineers
Wilmington, NC

34
V NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 25, 1998
CERTIFIED MAIL
Return Receipt Requested
Town of Sunset Beach .
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
2.9 acres of shallow bottom habitat ofJink's, Mary's and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20, 1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
Management has made the following findings:
1)
2)
The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Commission to afford such areas special
protection.
Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to six feet below mean low water (MLW), as opposed to
the eight feet below MLW now proposed, appears to have been carried out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state,
and is a, fully functional primary nursery area. Therefore, the Division has
determined that the proposed project constitutes a new dredging activity, and not
maintenance of an existing channel for the purposes of maintaining a traditional
and established use.
MOREHEAD CITY OFFICE
HESTRON PLAZA 11 151-8 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE 2SZ-808-2808 FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO% RECYC1_E1/10% POST -CONSUMER PAPER

Town of Sunset Beach
Page 2
September 25, 1998
3) The proposed project will alter or eliminate approximately 2.9 acres of primary nursery area
and shallow water fisheries habitat. Primary nursery areas serve an important nursery function
for fish and shrimp, which in turn supports commercial and recreational fishing.
4) During the course of the permit application review, the U.S. Environmental Protection
Agency, the National Marine Fisheries Service, the N.C. Division of Marine Fisheries, the
N.C. Division of Coastal Management, the NC Wildlife Resources Commission, and the N.C.
Division of Water Quality all objected to the project or recommended that authorization for
the proposed development not be granted. These objections and recommendations for denial
were based upon the anticipated significant environmental impacts associated with the loss
of 2.9 acres of highly functional PNA habitat..
5) In a July 23, 1998 letter to you from the N.C. Division of Water Quality (DWQ), it was stated
that the proposed project would remove or degrade significant water quality uses, which
would result in a violation of State water quality standards. In addition, it is noted that the
Division of Water Quality has not yet received a response from you concerning project need
and design. Therefore, a Water Quality Certification has not been acted upon, and the DWQ
has informed this office that their record on this project is officially closed, a fact which
prevents this office from taking a favorable action on the application.
6) The failure to obtain a Water Quality Certification has also led the U.S. Army Corps of
Engineers to deny without prejudice on September 22, 1998 the Federal authorization for the
proposed dredging project, under the authority granted by Section 10 of the Rivers and
Harbor Act. The Corps of Engineers further stated in their denial letter that regardless of the
denial without prejudice, serious resource agency concerns exist relative to the proposed
project.
7) Based upon the finding that the proposed project would eliminate or degrade significant water
quality uses, which would also violate State water quality and antidegradation standards, the
proposed project has been determined to be inconsistent with the following rules of the
Coastal Resources Commission:
NCAC T15A:07H.0601, which states "No development shall be allowed in any AEC which
would result in a contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of the local government in which the development takes place";
T15A:07H:0208(a)(2)(C), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the proposed project will not violate
water and air quality standards; and
NCAC T15A07H.0207(d), which states that projects within public trust waters of the State

Town of Sunset Beach
Page 3
September 25, 1998
should not violate State water quality standards.
8) Based upon the determination that the proposed project would lead to unacceptable adverse
environmental impacts to 2.9 acres of primary nursery area -habitat, the proposed project has
been determined to be inconsistent with the following list of Rules of the Coastal Resources
Commission which deal with coastal resource protection and management:
T15A:07H.0208(b)(1), which states that "Navigation channels, canals, and boat basins must
be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds,
beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded
coastal wetlands...';
T15A:07H.0206(c), which states that the management objectives for estuarine waters are "To
conserve and manage the important features of estuarine waters so as to safeguard and
perpetuate their biological, social, aesthetic -and economic values; to coordinate and establish
a management system capable of conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine system"; and
T15A:07H.0208(a)(2)(B), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the applicant has "selected a
combination of sites and design that will have a minimum adverse impact upon the
productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged
aquatic vegetation, spawning and nursery areas...".
9) Inasmuch as the proposal is inconsistent with a state standard or standards, the proposal has
been determined to be inconsistent with the Town of Sunset Beach Land Use Plan.
Given the preceding findings, it is necessary that your request for a permit under the State
Dredge and Fill Law be denied. This denial is made pursuant to N.C.G.S. 113-229, which provides
that a permit may be denied for cases where a proposed development will lead to a significant adverse
impact to fisheries resources. It is further required that your request for a permit under the Coastal
Area Management Act be denied. This denial is made pursuant to (1) 113A-120(a)(2), which
requires that a CAMA permit be denied if the state dredge and fill permit is denied under N.C.G.S.
113-229, and (2) N.C.G.S. 113A-120(a)(8), which requires permit denial for projects inconsistent
with the state guidelines for Areas of Environmental Concern or the local land -use plan.
It is also noted that although this denial was made based upon reviewing the majority of the
proposed project as a new activity as opposed to maintenance excavation, the anticipated adverse
environmental impacts, the State and Federal review agency objections, and the denial of the
necessary Federal authorization are more than sufficient to support the denial of the project under the
maintenance excavation provisions of the Rules of the Coastal Resources Commission.

Town of Sunset Beach
Page 4
September 25, 1998
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties
and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing
must be in the form of a written petition, complying with the requirements of § 150B of the General
Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447, [phone], within twenty (20) days of this decision on your
permit application. A copy of this petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance
of any Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives
the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
Donna D. Moffitt
DDM/dh
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
U.S. Army Corps of Engineers
Wilmington, NC

INUULMINK W1KU rdX •'J1UJJULUV4 JUfI 1 r 725 14 -JL r. VL
State of N'drtM Carolina
�41CWNEL F.'L]Atil;.El". .;l7.ta)FlilLl)Efll gl(JUS I IC L•
rIY(x1n1:v, ue�rHnr:. P O l3(5i� (-"� Reply Io:.David G: Heemr
.li.\C;HI('7H Environmcnnl Division
.. 2760!-0(;2,1) (91A) 7.46f6954
. (919) 71 "767 (Fax) .
October 29, 1997 _
Mir
Mi, Linda Fli,egel �1 I
Towti Adtninistrator
Town of Sunset Beach 01407
407
220Shoreline.Diive;West DIVIS(0'N O.F
S.unsetl3each; AiG'284'S4 COASTAL MAf4AGEMEN`r
G
:'Re: Contested Case Petition, Town of.Sunset Beaoh v. 'Division of Coastal
Management, 97 EHR (i7*69,3rubswick,.County
Dear Ms. Fluegelr
After further, consideration ofthis nmatter.1 have recommended' that the Division of
Coastal Management process the Towel of Sunset aeaclh?:s% pe.rmit:application. Roger Schecter has
agreed and asked me to inform you ofhis decision.,
The Towa's permit app..licatiob wiii.bq;ceviewed Ful1 consideration will be given to the
attached maps and, permits purporting to show thailink's' Creek was excavated previously. If the
permit application is denied, the, decisionanay:be 8ppealed to the Office of Administrative
Hearings. The Town.wil(.be barred from litigating any: findings in the March, 1996, denial letter
because it was not appealed.
Since there will be no need fora hearing'during the week of November }Q 1997; you
need to.sign the attached Notice of Voluntary.DJimissal'and send it to.the Office of
Administrative Hearings. You aeedto+.provide the O.ff+ce of. Administrative Hearings with a
signed original and one copy.for its:files.Also. ask`that both you and I be sent a filed copy for our
files. Voluntarily. dismissing the Town':s preseat:appeal will not prejudice its .right to file another
appeal'. should its permit. application be denied.
Very.ai�y:Yo4M.
it
David: G. Bcctff
Assistar►t Attorhey General

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CARCLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199501798
Town of Sunset Beach
c/o Ms. Linda Fluegel
Post Office Box 221A
September 22, 1998
Shallotte, North Carolina 28459-0221
Dear Ms. Fluegel:
Our review of a July 23, 1998, letter to you from Mr. John R. Domey of the North Carolina
Department of Environment and Natural Resources indicates that the Division of Water Quality
(DWQ) has recommended that you consider modifications of your proposal to dredge
approximately 2.9 acres of non -vegetated shallow bottom on Jink's Creek, at Sunset Beach, in
Brunswick County, North Carolina I understand that this recommendation is based upon
DWQ's conclusion that your proposal will remove significant uses and cause an unacceptable
degradation of one of the State's identified Primary Nursery Areas.
In light of Mr. Domey's recommendation, I have directed my staff to deny your proposal,
without prejudice, until such a time that you have resolved the State's concerns. This action is
not detrimental to yoltt overall proposal and we will reactivate your file and continue to process
your application once the outstanding issues are resolved. However, you are reminded that the
National Marine Fisheries Service and the U.S. Fish and Wildlife Service, in their letters of
February 7, and March 8, 1996 (previously furnished to you), recommended denial of your
application based upon anticipated significant adverse environmental and biological impacts with
the proposed dredging. Additionally, the U.S. Environmental Protection Agency, in their letters
of August 4, and 5, 1998 (also previously furnished to you), also recommended denial of your
proposal for the same environmental concerns.
Mr. Jeff Richter of my Wilmington Regulatory Field Office staff, remains available to
answer any questions you may have or to help you develop a revised plan. He may be contacted
at telephone [phone].
Sincerely,
Michael D. Smith, P.W.S.
Assistant Chief, Regulatory Division

-2-
Copies Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Hefner, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303

JAMETJR
GOVERNORRNOR
PS:
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 25, 1998
CERTIFIED MAIL
Return Receipt R�uestedR�uested
Town of Sunset Beach
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
2.9 acres of shallow bottom habitat of Ank's, Mary's and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20, 1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
Management has made the following findings:
1) The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Comrission to afford such areas special
protection.
2) Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to six feet below mean low water (MLW), as opposed to
the eight feet below MLW now proposed, appears to have been carried out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state, and
is a fully functional primary nursery area. Therefore, the Division has determined
that the proposed project constitutes a new dredging activity, and not maintenance
of an existing channel for the purposes of maintaining a traditional and established
use.
P.O. BOX 276879 RALEIGH, NC 27611-7687 / 2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX OI O-733-1495
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -509o' RECYCLE./10°n' POST -CONSUMER PAPER

Town of Sunset Beach
Page 2
3) The proposed project will alter or eliminate approximately 2.9 acres of primary nursery area
and shallow water fisheries habitat. Primary nursery areas serve an important nursery
function for fish and shrimp, which in turn supports commercial and recreational fishing.
4) During the course of the permit application review, the U.S. Environmentat
Protection Agency, the National Marine Fisheries Service, the N.C. Division of
Marine Fisheries, the N.C. Division of Coastal Management, the NC Wildlife
Resources Commission, and the N.C. Division of Water Quality all objected to the
project or recommended that authorization for the proposed development not be
granted. These objections and recommendations for denial were based upon the
anticipated significant environmental impacts associated with the loss of 2.9 acres of
highly functional PNA habitat.
5) In a July 23, 1998 letter to you from the N.C. Division of Water Quality (DWQ), it was
stated that the proposed project would remove or degrade significant water quality uses,
which would result in a violation of State water quality standards. In addition, it is noted that
the Division of Water Quality has not yet received a response from you concerning project
need and design. Therefore, a Water Quality Certification has not been acted upon, and the
DWQ has informed this office that their record on this project is officially closed, a fact
which prevents this office from taking a favorable action on the application.
6) The failure to obtain a Water Quality Certification has also led)the U.S. Army Corps of
Engineers to deny without prejudice on September 22, 1998 the Federal authorization for the
proposed dredging project, under the authority granted by Section 10 of the Rivers and
Harbor Act. The Corps of Engineers further stated in their denial letter that regardless of the
denial without prejudice, serious resource agency concerns exist relative to the proposed
project.
7) Based upon the finding that the proposed project would eliminate or degrade
significant water quality uses, which would also violate State water quality and 11
antidegradation standards, the proposed project has been determined to be
inconsistent with the following rules of the Coastal Resources Commission: "
NCAC T15A:07H.0601, which states "No development shall be allowed in any AEC which
would result in a contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of the local government in which the development takes place";
T15A:07H:0208(a)(2)(C), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the proposed project will not violate
water and air quality standards; and
NCAC T15A.07H.0207(d), which states that projects within public trust waters of the State

Town of Sunset Beach
Page 3
should not violate State water quality standards.
8) Based upon the determination that the proposed project would lead to unacceptable adverse
environmental impacts to 2.9 acres of primary nursery area habitat, the proposed project has
been determined to be inconsistent with the following list of Rules of the Coastal Resources
Commission which deal with coastal resource protection and management:
T15A:07H.0208(b)(1), which states that "Navigation channels, canals, and boat basins must
be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds,
beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded
coastal wetlands...";
T 15A:07H.0206(c), which states that the management objectives for estuarine waters are "To
conserve and manage the important features of estuarine waters so as to safeguard and
perpetuate their biological, social, aesthetic and economic values; to coordinate and establish
a management system capable of conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine system"; and
T15A:07H.0208(a)(2)(B), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the applicant has "selected a
combination of sites and design that will have a minimum adverse impact upon the
productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged
aquatic vegetation, spawning and nursery areas...".
9) Inasmuch as the proposal is inconsistent with a state standard or standards, the
proposal has been determined to be inconsistent with the Town of Sunset Beach Land
Use Plan.
Givep the preceding findings, it is necessary that your request for a permit under theSiate
`dredge and f ll law be denied. This denial is made pursuant to N.C.G.S. 113-229, which provides
that a permit may be denied for cases where a proposed development will lead to a significant
adverse impact to fisheries resources. It is further required that your request for a permit under the
Coastal Area Management Act be denied. This denial is made pursuant to (1) 113A-120(a)(2),
which requires that a CAMA permit be denied if the state dredge and fill permit is denied under
N.C.G.S. 113-229, and (2) N.C.G.S. 113A-120(a)(8), which requires permit denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or the local land -use plan.
It is also noted that although this denial was made based upon reviewing the majority of the
proposed project as a new activity as opposed to maintenance excavation, the anticipated adverse
environmental impacts, the State and Federal review agency objections, and the denial of the
necessary Federal authorization are more than sufficient to support the denial of the project under

Town of Sunset Beach
Page 4
the maintenance excavation provisions of the Rules of the Coastal Resources Commission.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties
and then makes a recommendation to the Coastal Resources Commission. Your request for a
hearing must be in the form of a written petition, complying with the requirements of § 150B of the
General Statutes of North Carolina, and must be filed with the office of Administrative Hearings,
P.O. Drawer 27447, Raleigh, NC 27611-7447, [phone], within twenty (20) days of this
decision on your permit application. A copy of this petition should be filed with this office.
Also, you should be advised that as long as this state pernrit denial stands, your project must
be deemed inconsistent with the N.C. Coastal anagement 4pf'Program, thereby precluding the
issuance of any Federal pen -nits for this project7hhe Federal Coastal Zone Management Act (CZMA)
gives the right to appeal this fording to the U.S. Secretary of Commerce within thirty (30) days of
receipt of this letter. Your appeal must be based on the grounds that the proposed activity is (1)
consistent with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national
security, and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
Donna D. Moffitt
DDM/dh
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
U.S. Army Corps of Engineers
Wilmington, NC

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 23, 1998
CERTIlUD MAIL
Return Receipt Requested
Town of Sunset Beach
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
2.9 acres of shallow bottom habitat of Jink's, Mary's and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20, 1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
Management has made the following findings:
1) The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Commission to afford such areas special
protection.
2) Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to six feet below mean low water (MLW), as opposed to
the eight feet below MLW now proposed, appears to have been carried out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state, and
is a fully functional primary nursery area. Therefore, the Division has determined
that the proposed project constitutes a new dredging activity, and not maintenance
of an existing channel for the purposes of maintaining a traditional and established
use.
P.O. BOX 27687, RALEIGH, NC 27611-768712728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE[phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 24, 1998
CERTIFIED MAIL
Return Receipt Requested
Town of Sunset Beach
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
2.9 acres of shallow bottom habitat of Jink's, Mary's and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20,1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
Management has made the following findings:
1) The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Commission to afford such areas special
protection.
2) Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to six feet below mean low water (MLW), as opposed to
the eight feet below MLW now proposed, appears to have been carried out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state, and
is a fully functional primary nursery area. Therefore, the Division has determined
that the proposed project constitutes a new dredging activity, and not maintenance
of an existing channel for the purposes of maintaining a traditional and established
use.
P.O. BOX 27687, RALEIGH, NC 27611-7687 / 272S CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO%RECYCLED/10°n' POST -CONSUMER PAPER

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of Sunset Beach/Jink's Creek Dredging Project
2. LOCATION OF PROJECT SITE: AIWW adjacent to Shoreline Dr. East, between Mary's
Creek and Turtle Creek, in Sunset Beach.
Photo Index - IM: Photo 192-18, N-O, 3-10 19$4: Photo 8-68, O-Q, 7-14
19K Photo 2-17 N-O, 13-19
State Plane Coordinates - X: 2176600 Y: 55400
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11-27-95
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received -
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Sunset Beach
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, CW, ES
(C) Water Dependent: YES
(D) Intended Use: Private and commercial
(E) Wastewater Treatment: Existing - Residences and businesses have individual septic tank
systems
Planned - N/A
(N) Type of Structures: Existing - Private piers and docks
Planned - None
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DRiPT) U) Tm x pn ()T"Pl?
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
2.9 acres
Shallow bottom
(C) Other
15.6 acres
Spoil Area
(D) Total Area Disturbed: 18.5 acres
(E) Primary Nursery Area: YES
(F) Water Classification: SA Open: Closed
8. PROJECT SUND4ARY: The riparian property owners adjacent to the AIWW, in the area
known as Jink's Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and Turtle Creek,
to provide boating access to their property.

M H W. 3.5 feet
•/ Existing bottom `
\ �\ �\ ♦ / r
Proposed channel bottom -6 feet MLW
Cross Section of channel
Proposed Maintenance of Jinks Creek
Dike Detail and
Cross Section of Channel
Copy From Permit 12/11/85
Number 211-85
Town of Sunset Beach
220 Shoreline Drive West
Sunset Beach, NC 28459
DSA NC-3820 2/20/1995
Town of Sunset Beach
Application to Dredge Canals A,B.C.6D
' 1 �n Ii'H \ 1 k1 /� •
t S a. Tway pipe ?
Spoil Area •
Dike Detail
Water flow to dredged a

Town of Sunset Beach/Jink's Creek Dredging Project
Paee 2
9.
This proposal has been determined to be the same as the application submitted and denied on March 11,
1996. However, the applicant failed to properly appeal the decision. The applicant now wishes to apply
for the permit again in order to establish their right to pursue a variance should the permit be denied
again. The project site, description, anticipated impacts, and recommendations were submitted in 1995
by Field Representative Ed Brooks. A site visit and subsequent review of this submitted application and
a review of the current rules and regulations regarding this type of development have led to the conclusion
that his review and recommendations are still applicable. I am in agreement with the original assessment
and recommendations given by Mr. Brooks. For that reason, I am submitting the applicable portions of
the field investigation report originally submitted by Mr. Brooks. Please be advised that the applicant
has submitted additional information with the current application which documents that the proposed area
was dredged before permitting was necessary. A sequence of photographs taken in 1949, 1956, 1966 and
1972 has been submitted which shows the area before and after dredging activity. The applicant was asked
to also submit information on the width and depth of the dredged channel in order to ensure that proposed
widths and depths would not exceed the original dimensions. However, that information was not made
available. The Division of Marine Fisheries has reported that they have been periodically sampling the
proposed dredge site since the submittal of the first application. They report findings that show the area
is still a highly productive Primary Nursery Area (PNA). They also reported catches that were very
similar in quantity and diversity as nearby PNAs that had no reported history of dredging activity.
The project site is on the north side of the Atlantic Intracoastal Waterway, adjacent to one existing
business and 24 private residences or residential lots, on Shoreline Drive East and Hickory and Stokes
Streets, in Sunset Beach, in Brunswick County, North Carolina. The property owners have petitioned the
Town of Sunset Beach, to apply for the necessary permits to dredge a channel, parallel to the waterway,
between Mary's Creek and Turtle Creek, to provide boating access to their property. The project area
consists of approximately a 30-acre area of coastal marsh and shallow bottom, with three creeks along
the shoreline. The creeks were originally natural drainage features from the adjacent upland area, but
none of them are now more than several hundred yards long and all of them dead end at elevated culverts
on either NC Hwy 179 or Shoreline Drive Bast. Mary's Creek, to the west, has previously been dredged
(State Permit #241-87) to access Bill's Seafood Market and Restaurant located at the corner of the above
referenced streets. Turtle Creek, on the east side of the project, was originally excavated to create a canal,
from Shoreline Dr. E. to the AIWW. Maintenance dredging, on the southern half of that channel, was
completed in 1987 (State Permit #73-87). Jink's Creek, located in the center of the project area is little
more than a marsh cove, with a narrow channel, 3-6 feet wide, running through the Smooth Cordgrass
(Spartina alterniflora) marsh. There is a border of Smooth Cordgrass along the entire length of the
proposed project's shoreline, ranging in width from 20 to 70 feet. At its transition to highground, this
regularly flooded wetland border is fringed with high marsh species, including; Saltwart (Sahcorn ai spp.),
Sea Lavender (Unionium, spp.), Sea Oxeye (Bordehia frutescens), and Salt Meadow Grass (Spartina
patens). Waterward of the shoreline's marsh fringe there is an unvegetated shallow water flat that is
basically dry at low water. The applicants report that a channel was dredged through this area prior to
1972, which is a contention they have documented from the submitted photographs. An island -like
expanse of Smooth Cordgrass marsh, 50 to 280 feet wide, separates this area from the open water of the
AIW W.

Town of Sunset Beach/Jink's Creek Dredging Project
Page 3
The waters in the project area are classified SA, by the NC Division of Environmental Management, and
are CLOSED to the harvest of shellfish. The area is designated as a Primary Nursery Area (PNA) by the
NC Division of Marine Fisheries. The Atlantic Intracoastal Waterway is approximately 500 feet wide at
this location.
The applicants propose to excavate an U-shaped channel from the AIW W at Mary's Creek, then parallel
to the shoreline through the shallow water flat, and return to the waterway at Turtle Creek. The channel
would be 2875 feet long and 30 ft. wide, except it would expand to a 40 ft. width through the comers
where the channel turns parallel to the shoreline. The proposed depth is -8 feet at MLW. The applicants
predict that the side slope stabilization of the 30-40 feet box cut would produce a 55-65 feet top width
of the channel. The excavation would be done by hydraulic dredge, and the excavated material pumped
to an existing spoil disposal area located directly across the waterway. The diked disposal area is
approximately 1700 feet long and 400 feet wide.
The proposed project would disturb approximately 127,125 square feet (2.9 acres) of shallow water
bottom in a Primary Nursery Area. There would be some short-term turbidity associated with the
dredging activity. Approximately 30,000 cubic yards of spoil material would be generated from the
channel excavation, and deposited over a 680,000 square feet (15.6 acres) highground disposal site.
Although the proposed channel has been aligned to avoid coastal marsh, if the projected top channel width
has been under estimated, several areas of the adjacent Smooth Cordgrass marsh may be impacted by
sloughing of the channel side slopes. The project would provide better boating access for twenty-four
private residences and one commercial business.
Submitted by: Jerry A. Parker Date: June 12, 1998 Office: Wilmington

Form DCM-MP-1
(To be completed by all applicants)
b. City, town, community or landmark
Sunset Beach
I. APPLICANT �(7% ,5` �,
C.
I
a. Landowner: MAY 0 2 1997
Street address or secondary road number
TO-0 Sunset Uvd.
Public Trust C)iV1410N OF d. 1s proposed work within city limits or planning
Name COASTAL MA14AGEMENT jurisdiction? X Yes No
Address
City
Zip Day Phone
Fax
b. Authorized Agent:
State
Name Town of Sunset Beach
Address 700 Sunset 82vd.
City Sunset Beach State NC
Zip 28468 Day Phone [phone]
Fax [phone]
c. Project name (if any) Sunset Beach
Dredging Project
NOTE: Pcr„es wi11 be issued in n — oftandvwncr(,), and/or
Project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Jink's Creek
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.
Maintenance dredqinq of the channel
in Jink's creek as shown on the plans.
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? Public
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. Provide access to a iacent
property from waterway.

Form DCI,i-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract Approx. 'in acrac
b_ Size of individual lot(s) Approx. 100' x 200'
c. Approximate elevation of tract above 'MHW or
NWL —1 MSL
m. Describe existing wastewater treatment facilities.
Not applicable
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
Wastewater, industrial/commercial effluent, -wash
down- and residential discharges.)
Not applicable
02 1997
d. Soil type(s) and texture(s) of tract DIVISION Cg Describe existing drinking water supply source.
Bohicket silty clay loam rnnRT MANAGEI 1 1 applicable
e. Vegetation on tract Marsh grass
Man-made features now on tract Piers and
docks.
g. What is the CAMA Land Use Plan land
classification of the site? (man the local lm,d use plan.)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local govemment?
Residential
i. is the proposed project consistent with the applicable
zoning? X Yes No
(Attach Zon;ng rompliance eeraficate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
If yes, has a delineation been conducted? Yes
(Attach domnrn on, if available)
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
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
ink on an 8 112" by 11' white 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
prints 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 unfamiliar with the area to the

Form DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
I
• 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.
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.
Name See Attached L i z 1-- . Lci�t;t ify that I am authorized to grant, and do in fact,
Address grant,, permission to representatives of state and federal
Phone review agencies to enter on the aforementioned lands in
, connection with evaluating information related to this
Name MAY permit application and follow-up monitoring of the
Address nn.t ov,r.: , project.
Phone CDAsroi n444ACFI.11_;,,
Name 1 further certify that the information provided in this
application is truthful to the best of my knowledge.
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Maph enctosed indicating onigtnat
n
Lahe.a, Inc.; East entrance to creek
Mu�cft to, t981 by R. S. t
Joe Peed.
• A check for S250 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 Act (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.
This is the 15 day of A p ni f 19 97
Print Name Linda Ftuege2 Q
Signature) � cam(
Im,downer or Authorized Agent
entrance to creek-october 1, 1987by
Please indicate attachments pertaining to your proposed
project.
x DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form DC1,4-MP-2
XCAVATION�,,Ic.77.7, z D
AND FILL GMAY 02 997
(Except bridges and culverts) COASTAL MA14AGEMENT
Attach this form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. 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.
Average Fuld
E,isdng Prom
Access
channel
(MLW) or (NwL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
•horclinc
st bililation)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards approx. 30,000
b. Type of material to be excavated
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? X Yes _ No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Across Intn coastal
Waterway from project site
b. Dimensions of disposal area approx. 1700' x
400, x 2.5'
c. Do you claim title to disposal area?
Yes X No
If no, attach a letter granting permission from the
owner.
d. Will .a disposal area be available for future
maintenance? X Yes _ No
If yes, where? Bathe Location

Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION N / A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(I-) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
d. Miximum distance waterward of MHW or NWL
will excavated or fil� matcr al be kep�on site
e. Shoreline erosion during preceding onths rostoo d? controllepo c a2ea ah a
U21997 rtcize aaoun e en .cae area.
(Source of information)
DIVISIOa'+ 'JF
f. Tvne of bulkhead or riprap materialCOASTAL MANAGEME
ff
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
L Source of fill material
4. OTHER FILL ACTIVITIES N / A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Hudaaukdc Dnedgv
c. Will wetlands be cr:,ssed in transporting equipment
to project site? _ Yes _x= No
If yes, explain steps that will be taken to lessen
environmental impacts.
Town oA SunAe-t Beach
Applicant jest Name
Signature
Apr f 15�1997
Date
Revised 03195

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Pluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits.'
M Ay
DIVISi

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Pluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits.)
NAME LOT ADDRESS DATE
D
COASTALMA14AGEMENT

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section ..B., of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Pluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits.!
NAI;E
LOT
ADDRESS
b CAA S.� nP .a .... _..

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Pluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits.
NA11M��E LOT ADDRESS DATE
vlle� tt/c' Avg=, 10-l4— �
17 i10 k1l,� . Lc� _InQ 1�.,. /<,_.. Ave . /o
COASTAL MANAGEMENT

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Pluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits.)
LOT ADDRESS DATE
_ /V --CJ. /
- - - viVlJll:"
COASTAL MANAGEMENT

OOLTE7T9
MAY U 2 ;997
Do
DIVISIv,'< OF
COASTAL MANAGEMENT
Division of Coastal Management
Jerry Parker
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Dear Mr. Parker
The property owners of Sunset Beach, adjacent to Jink's River are filing a permit to dredge Jink's
River. It is my understanding that they are in need of a dredge spoil area.
By this letter, I am giving permission for the property owners to use the spoil area that was used
for the dredging project for Joe Peed dredging project. The area is located across the Intercoastal
Waterway from the Jink's Creek project. I have enclosed a copy of a map indicating the area.
Sincerely,
ard M. Gore, Sr.
Sunset Beach & Twin Lakes, Inc.
Enc.

UNITED STATES POSTAL '�3TVlc6
�u
• Prir�i,yDu��aii
John Parker
address, and ZIP q -
ED
DEHNR - DCM
P.O. Box 27687
Raleigh, NC 27611-7687
SEP 3 0 1998
COASTAL MANAGEMENT
Paid

•Complete items 1 and/or 2 for additional services.
• Complete items 3, 4a, and 4b.
• Print your name and address on the reverse of this form so that we can return this
card to you.
.Attach this torn to the front of the mailpiece, or on the back if space does not
Permit.
•Wnte'Return Receipt RequsstW on the mailpiece below the article number.
•The Return Receipt will show to whom the article was delivered and the date
delivered.
I also wish to receive the
following services (for an
extra fee): o
1. ❑ Addressee's Address
Z
2. ❑ Restricted Delivery m
Consult postmaster for fee.
0
3. Artice Addressed to: 4a. Article fil It
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❑Express Mail
❑ Return Receipt. Date of D 7elive
i 6. Signa O: (Addressee or
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❑ Insured
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I 9-Y'L-H i 11;11 i USAUI:—Heg, Uranch- 919 733 1495iii 2
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RZ 60% 1990
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER September 22, 1998
Regulatory Division
Action ID No, 199501798
Town of Sunset Beach
c/o Ms, Linda Fluegel
Post Office Box 221A
Shallotte, North Carolina 28459.0221
Dear Ms. Fluegel:
Our review of a July 23, 1998, letter to you from Mr. John R, Dorney of the North Carolina
Department of Environment and Natural Resources indicates that the Division of Water Quality
(DWQ) has recommended that you consider modifications of your proposal to dredge
approximately 2.9 acres of non -vegetated shallow bottom on Jink's Creek, at Sunset Beach, in
Brunswick County, North Carolina, I understand that this recommendation is based upon
DWQ's conclusion that your proposal will remove significant uses and cause an unacceptable
degradation of one of the State's identified Primary Nursery Areas,
In light of Mr. Domey's recommendation, I have directed my staff to deny your proposal,
without prejudice, until such a time that you have resolved the State's concerns, This action is
not detrimental to your overall proposal and we will reactivate your file and continue to process
your application once the outstanding issues are resolved. However, you are reminded that the
National Marine Fisheries Service and the U.S. Fish and Wildlife Service, in their letters of
February 7, and March 8, 1996 (previously furnished to you), recommended denial of your
application based upon anticipated significant adverse environmental and biological impacts with
the proposed dredging. Additionally, the U.S. Environmental Protection Agency, in their letters
of August 4, and 5, 1998 (also previously furnished to you), also recommended denial of your
proposal for the same environmental concerns,
Mr. Jeff Richter of my Wilmington Regulatory Field Office staff, remains available to
answer any questions you may have or to help you develop a revised plan. He may be contacted
at telephone [phone].
Sincerely,
Michael D. Smith, P,W,S,
Assistant Chief, Regulatory Division

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OrIN1 ey•wi iming�on uis;ricc ; a-10—ao ; i « uSH�;t—neg, nrancn- y1y 'ICJ 14tlDI4 L
CI I
Regulatory Branch
Action ID No. 199501798
Town of Sunset Beach
ATTN: Mo. Linda Fluegel
PO Box 221A
Shallotts, North Carolina
Dear Me. Fluegel:
September 14, 1998
28459-0221
On February 22, 1995, you applied for Department of the Army (DA)
authorization to dredge approximately 2.9 acres of non -vegetated shallow
bottom on Jink'e Creek, in Sunset Beach, Brunswick County, North Carolina, for
the purpose of providing boating access for private property owners.
After review of your proposal, the National Marine Fisheries Service and
the U.S. Environmental Protection Agency recommended denial of your
application by letters dated February 7, 1996, and March 8, 1996,
respectively. These recommendations were due to anticipated adverse
environmental impacts,
our administrative process provides you the opportunity to propose a
resolution and/or to rebut any and all objections before a final decision in
made. No response to these agency recommendations was received from you.
Subsequently, by letter dated July 2, 1996, you were notified that DA permit
authorization for your proposal was denied based on the denial of state permit
authorization pursuant to North Carolina Division of Coastal Management
(NCDCM) guidelines. Thin letter also informed you that, should you wish to
reapply for Federal permit authorization, Federal review agency concerns must
be addressed before a permit could be issued.
on June 12, 1998, we received notice from NCDCM of your reapplication
for the exact same project. By letter dated August 17, 1998, you were
notified that the National Marine Fisheries Service and the U.S. Environmental
Protection Agency again recommended denial of your application by letters
dated August 4 and August 5, 1998, respectively. These recommendations were
due to anticipated adverse environmental impacts identical to those forwarded
during the initial project review. You were provided an opportunity to
respond and/or rebut these objections. To date, no response from you hae been
received.
You .are hereby notified, by copy of this letter, that DA authorization
for your proposed project is denied. This denial is based on our concurrence
With Federal review agencies' determinations that adverse environmental
impacts will occur as a result of the proposed work.
Should you have any questions, please contact Mr. Jeff Richter of my
Wilmington Field office staff at telephone [phone],
sincerely,

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199501798
Mr. John Dorney
Division of Water Quality
North Carolina Department
Environment and Natural
4401 Reedy Creek Road
Raleigh, North Carolina
Dear Mr. Dorney:
August 31, 1998
of
Resources
27611-7687
Reference the reapplication of the Town of Sunset Beach for Department
of the Army authorization and a State Water Quality Certi.4ication to dredge
approximately 2.9 acres of non -vegetated shallow bottom on Jink's Creek, in
Sunset Beach, Brunswick County, North Carolina, for the purpose of providing
boating access for private property owners. Your receipt of this letter
verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section
10 of the River and Harbor Act, however, we have determined that a water
quality certification is required under the provisions of Section 401 of the
Clean Water Act. A Department of the Army permit will not be granted until
the certification has been obtained or waived.
According to our administrative regulations, 60 days is reasonable for
State action. Therefore, if you have not acted on the request, or asked for an
extension of time, by October 21, 1998, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to the undersigned at telephone
[phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Field Office
Copy Furnished:
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 31, 1998
Regulatory Division
Action ID No. 199501798
Ms. Linda Fluegel
Town of Sunset Beach
220 Shoreline Drive'ft
Sunset Beach, North Carolina 28468
Dear Ms. Fluegel:
On February 11, 1991, we renewed general permit No. 198000291 (copy
enclosed), which provides Federal authorization for construction activities
that receive authorization from the State of North Carolina.
A review of your application received June 17, 1998, for Department of
the Army authorization to dredge approximately 2.9 acres of non -vegetated
shallow bottom on Jink's Creek, in Sunset Beach, Brunswick County, North
Carolina, for the purpose of providing boating access for private property
owners, indicates it to be a candidate for Federal authorization under this
general permit. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of Coastal
Management. Comments from Federal review agencies will be furnished to the
State.
If your application must be withdrawn from this general permit process
for any reason, you will be informed regarding its further management. If
there are no unresolved differences in State -Federal positions or policies,
the final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should You begin work.
Your application, pursuant to Section 10 of the River and Harbor Act,
has been assigned Action ID No. 199501798. It will be coordinated by the
undersigned, available at telephone [phone].
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Field Office
Enclosure

Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Hefner, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. C. Robert Stroud, Jr., District Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
August 17, 1998
IN REPLY REFER TO
Regulatory Division
Action ID No. 199501798
Town of Sunset Beach
ATTN: Ms. Linda Fluegel
Post Office Box 221a
Shallotte, North Carolina 28459-0221
Dear Ms. Fluegel:
RECEIVED
AUG 31 1998
COASTAL MANAGEMENT
On June 12, 1998, we received notice from the North Carolina Division of
Coastal Management of your reapplication for Department of the Army
authorization to dredge approximately 2.9 acres of non -vegetated shallow
bottom on Jink's Creek, in Sunset Beach, Brunswick County, North Carolina, for
the purpose of providing boating access for private property owners.
After review of your proposal, the U.S. Environmental Protection Agency
and the National Marine Fisheries Service recommended denial of your
application by letters dated August 5, 1998, and August 4, 1998, respectively
(copies enclosed). These recommendations are due to anticipated adverse
environmental impacts. Both agencies state that the proposed project has not
changed from that originally submitted. Their objections to the original
proposal were unanswered but are reiterated for the present application.
Our administrative process provides you the opportunity to propose a
resolution and/or to rebut any and all objections before a final decision is
made.
I am responsible for processing your application and am available to
assist you in coordinating with the review agencies. Please advise me of your
intentions, in writing, on or before August 28, 1998.
Sincerely,
Jeffrey H. Richter
Project Manager
Wilmington Field Office
Enclosures

Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. William L. Cox, Chief
Wetlands Regulatory Section - Region IV
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303

OtIVI UT•W1 l In IHybQn uis;ricz I a-zo-sa I a-za ; uSHUt—Keg. urancn- sly 700 14U008 4
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
VAW'01% REGION 4
Atlanta Federal Center
qlt� SO) 61 Forsyth Street, 8,W.
Atlanta, Georgia 30303, 8960
AUO 5 1898 COPY
WMD/WCWQGB/KM
Colonel Terry Youngbluth
District Engineer
ATTN: Mr. Jeffrey Richter
Regulatory Branch
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 27402-1890
SUBJ; Town of Sunset Beach
Action I.D. No. 199501798
Dear Colonel Youngbluth:
RECEIVED
AUG 10 1998
WILIMIREGULATORY
NGTON FED OFFICE
This is in reference to the above referenced State Field Investigation Report, dated July
27, 1998, for the dredging of 2.9 acres in the area of JinkIs Creek, to form a channel to the
AIWW, in Sunset l3each, Brunswick County, North Carolina. No mitigation is proposed.
The U.S. Environmental Protection Agency, Region 4, Wetlands Section (EPA), has
reviewed this proposal and seas no evidence that there was any attempt to avoid or minimize
wetland impact generated by the marina portion of the project. Prior to a discharge of fill material
into waters of the United States, the 404(b)(1) Guidelines of the Clean Water Act require a
sequential evaluation and reduction in impact. By Memorandum of Agreement (MOA) between
the U.S. Army Corps of Engineers (Corps) and EPA dated February 6, 1990, this sequencing
may be circumvented when the Corps and EPA agree that the proposed discharge is either
necessary to avoid environmental harm or can be reasonably expected to result in environmental
gam or insignificant environmental loss. At this point in time, we have not agreed that this project
meets these requirements. It appears that there may be other marina designs which will not cause
such a significant impact to waters of the U.S.
It is the opinion of EPA that this project, as proposed, may result in substantial and
unacceptable impacts to aquatic resources of national importance. This design does not avoid,
minimize or compensate for the proposed impacts, and therefore appears contrary to the
404(b)(1) Guidelines of the Clean Water Act (Guidelines),
EPA notes that the project area is also a designated Primary Nursery Area primary
nursery areas and their functions are extremely important to North Carolina in terms of water

ativi nr•wiimingtion uis;ricti n-eo-sn ; a•ca USAUt-neg, urancn- ais iya iaaa a a
quality, water quantity, oottunereial• and recreational fun- and shellfish production, sediment
stabilization, and wildlife habitat and food chain maintenance. In addition, the water classification
in the project area is SA, although the area is closed to shellfish harvesting. EPA believes that
dredging activities such as the one proposed can cause significant direct and secondary impacts to
water quality, shellfish beds, and aquatic habitat. Further, the resulting increase in boat tramc
may degrade the water quality of the area.
Because EPA does not believe that this project has complied with the 404(b)(1)
Guidelines, and because of potential direct and secondary impacts to waters of the U.S., we
request that authorization for this project be denied, Thank you for the opportunity to comment
on this project. If you have any questions regarding these continents, please contact Kathy
Matthews at the above address or by telephone at [phone].
ht
ly,
, Cox, Chief
Wetlands Section
cc: USFWS, Raleigh
NCDENR/ DCM, Wilmington

UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9721 Executive Center Drive N
St. Petersburg, Florida 33702
August 4, 1998
Colonel Terry R. Youngbluth
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention Jeffrey H. Richter
Dear Colonel Youngbluth:
Please reference Action ID No. 199501798(GP) dated July 27,1998, requesting the National Marine
Fisheries Service's (NMFS) comments on the dredging proposed by the Town of Sunset B,-each in
Brunswick County, North Carolina. The purpose of the work is to provide boating access at low tide
for 24 private residences or residential lots situated adjacent to Jink's Creek between Mary's Creek
and Turtle Creek in the Town of Sunset Beach.
In response to a previous public notice for this work dated December 19, 1995, the NMFS
recommended by letter dated January 12, 1996 (copy enclosed), that federal authorization not be
granted. Our review of the current public notice indicates that the project has not changed.
Therefore, the issues and concerns outlined in our 1996 letter remain valid and we continue to
recommend against federal authorization of this project.
We appreciate the opportunity to provide these comments. If we can be further assistance, please
advise.
a�c'F�uEv
PSG 10 �gg8
PGEM��
Enclosu Sjpx-�
Sincerely,
Assistant Regional Administra
Habitat Conservation Division
�A,onk
j z
`a s
c4z^•..M��arF

cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDENR, Raleigh, NC
NCDENR, Morehead City, NC
SAFMC, Charleston, SC
F/SER4

wawa wcV
w VA
� UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional office
9721Executive Center Drive North
St. Petersburg, Florida 33702
January 12, 1996
Colonel Robert J. Sperberg
District Engineer, Wilmington District
Department of the Army, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Attention Jeff Richter
Dear Colonel Sperberg:
In accordance with Part II, Section 4
Agreement between the Departments of
offering the following comments on perm
dated December 19, 1995. The appli(
proposes to excavate a boating acce
Atlantic Intracoastal Waterway (AIWW)
Carolina. The purpose of the work is
low tide for 24 private residences or
of Sunset Beach.
:)f the current Memorandum of
Commerce and the Army, I am
it application 199501798(GP)
:ant, Town of Sunset Beach,
ss channel adjacent to the
in Brunswick County, North
to provide boating access at
residential lots in the Town
The proposed project consists of using a hydraulic pipeline dredge
to excavate a 2,875-foot-long by 40-foot-wide by 8-foot-deep access
channel along the shoreline. The resulting dredged material would
be disposed of in a diked upland disposal area. The proposed U-
shaped channel would connect with the AIWW at Mary's Creek, then
follow the shoreline past Jink's Creek and reconnect with the AIWW
at Turtle Creek.
Based on our knowledge of the project area and coordination with
the North Carolina Division -of Marine Fisheries (NCDMF), we have
determined that this work woilld be detrimental to living marine
resources. The project area consists of intertidal and subtidal
benthic habitat associated with three tidal creeks. Although
Marys, Jink's, and Turtle Creeks were altered by the development
of a subdivision, the project area continues to have a high value
for fisheries and is designated by the NCDMF as a primary nursery
area (PNA). PNA's are defined in the North Carolina Fisheries
Rules for Coastal Waters, 1995-1996, Subchapter 3N.0002 as, "those
areas in which for reasons such as food, cover, bottom type,
salinity, temperature and other factors, young finfish and
crustaceans spend the major portion of their initial growing
season." Commercially, recreationally, and ecologically important
fishes that utilize the area as nursery habitat include Atlantic
croaker (MicropoQonias undulatus), spot (Leiostomus xanthurus),
spotted seatrout (Cynoscion nebulosus), bluefish (Pomatomus
d
® Primed on Recycled Pam # q g

saltatrix), flounders (Paralichthvs spp.), red drum (Sciaenoos
ocellatus), Atlantic menhaden (Brevoortia tvrannus), bay anchovy
(OOpisthonema oolinum), striped mullet (Muail ceohalus), and
weakfish (Cvnoscion regalis). The project area also provides
habitat for commercially and recreationally important shellfish
species hard clams (Mercenaria mercenaria), American oyster
(Crassostrea virainica), shrimp (Penaeus spp.), and blue crab
(Callinectes sapidus).
The proposed project will result in the conversion of 2.9 acres of
shallow water and intertidal bottom to an 8-foot-deep mean low
water boating access channel. This conversion would permanently
alter the function of this area as nursery habitat and reduce its
value to fishery resources. The National Marine Fisheries Service
is opposed to any work that would individually and cumulatively
alter habitat that is essential for the continued production of
living marine resources.
According to the public notice, the applicant states that a channel
was dredged in 1972 where the current work is proposed. However,
a review of 1978 aerial photography of the project area shows no
evidence of a channel. The public notice also states that portions
of Mary's and Turtle Creeks were dredged in 1987, but no record of
any federal authorization for any such work was found in our files.
In view of the above, we believe that completion of this work would
be detrimental to fishery resources for which we are responsible.
Therefore, we recommend that federal authorization of this work, as
presently proposed, not be granted. If previous dredging in mary's
and Turtle Creek can be documented, we will consider maintenance
dredging consistent with the previously authorized work.
We appreciate the opportunity to provide these comments.
Andodas Mager. Jr. _.
Assistant Re Tonal Director
Habitat Conservation Division
cc: FWS, ATLA, GA
FWS, Raleigh, NC
EPA, ATLA, GA
NCDEHNR, Raleigh, NC
NCDEHNR, Morehead City, NC
SAFMC, Charleston, SC
F/SE02

r t
�h:s ty God{ J ta\,`t
1)
July 27, 1998 t op�l • �«k �5c b w - r�� `�.,
Regulatory Division l l \�A
Action ID No. 199501798 RECEIVED
MEMO re: Town of Sunset Beach AUG 0 31998
The project involves the TownQsApropdsalioffledge approximately 2.9 acres of non -
vegetated shallow water parallel to and on the north side of the Atlantic Intracoastal Waterway,
for the purpose of constructing a boat channel, in Jink's Creek, between Marys Creek and Turtle
Creek, near Sunset Beach, Brunswick County, North Carolina.
The Town originally submitted this permit application in 1995. The State denied the
permit and we followed suit by letter dated July 2, 1996. The National Marine Fisheries Service
(letter dated January 12, 1996) and the US Fish and Wildlife Service (letter dated January 29,
1996) recommended denial of the originally advertised application. These recommendations were
forwarded to the applicant but no response was received prior to the State's denial of the permit.
The applicant has resubmitted the exact same application, which we received on June 17,
1998. According to the CAMA bio-report, this resubmittal is being done in order to establish the
Town's right to pursue a variance should the permit be denied again. Prior to this resubmittal, the
applicant contacted the Corps' office in an attempt to locate a copy of a permit for the original
dredging of the channel. After searching of our records back through the late 1940's, I could not
find any evidence that the channel was dredged as a result of or in conjunction with a Department
of the Army permit.
Upon my receipt of the recent application, I did not immediately send it out to you
because I thought we could request that the applicant address the recommendations for denial
received for the initial application. However, through coordination with CAMA and in keeping
with our review, we need current Federal Agency positions on the proposal, so I am belatedly
forwarding the application to you with a minimal response time. Should you require more time to
develop a response, please feel free to contact me and we can easily work out an extension.
Thanks,
JeffAichter [phone]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX IWO
WILMINGTON, NORTH CAROLINA 28402-1SW
IN REPLY REFER TO July 27, 1998
Regulatory Division
Action ID.: 199501798 Applicant:
Town of Sunset Beach County: Brunswick
Waterway: Intracoastal Waterway (Jink's Creek) Work: Dredging
Mr. Larry Hardy
Mr. John Hefner, Field Supervisor
National Marine Fisheries
Fish and Wildlife Enhancement
Service, NOAA
U.S. Fish and Wildlife Service
Pivers Island
Post Office Box 33726
Beaufort, North Carolina 28516
Raleigh, North Carolina 27636-3726
Mr. John Parker
Mr. William L. Cox, Chief
Division of Coastal Management
Wetlands Section - Region IV
North Carolina Department of
Water Management Division
Environment and Natural Resources
U.S. Environmental Protection Agency
Post Office Box 27687
Atlanta Federal Center
Raleigh, North Carolina 27611-7689
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. C. Robert Stroud, Jr., District
Manager
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Gentlemen:
Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing
agreement, a State Field Investigation Report is enclosed. Your comments and/or
recommendations would be appreciated on or before August 10, 1998.
Questions or comments may be addressed to the undersigned at telephone (910)
251-4636.
Sincerely,
JWAA . % "
H. Richter
Project Manager
Wilmington Field office
Enclosure

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
September 25, 1998
CERTIFIED MAIL
Return Receipt Requested
Town of Sunset Beach
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
2.9 acres of shallow bottom habitat of Jink's, Mary's and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20, 1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
Management has made the following findings:
1) The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Commission to afford such areas special
protection.
2) Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to sic feet below mean low water (MLW), as opposed to
the eight feet below MLW now proposed, appears to have been carried out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state,
and is a fully functional primary nursery area. Therefore, the Division has
determined that the proposed project constitutes a new dredging activity, and not
maintenance of an existing channel for the purposes of maintaining a traditional
and established use.
MOREHEAD CITY OFFICE
HESTRON PLAZA 11 I51-8 HIGHWAY 24 MOREHEAD CITY NC 28557
PHONE [phone] FA% 252-247-3330
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/I0% POST -CONSUMER PAPER

Town of Sunset Beach
Page 2
September 25, 1998
3) The proposed project will alter or eliminate approximately 2.9 acres of primary nursery area
and shallow water fisheries habitat. Primary nursery areas serve an important nursery function
for fish and shrimp, which in turn supports commercial and recreational fishing.
4) During the course of the permit application review, the U.S. Environmental Protection
Agency, the National Marine Fisheries Service, the N.C. Division of Marine Fisheries, the
N.C. Division of Coastal Management, the NC Wdd6fe Resources Commission, and the N.C.
Division of Water Quality all objected to the project or recommended that authorization for
the proposed development not be granted. These objections and recommendations for denial
were based upon the anticipated significant environmental impacts associated with the loss
of 2.9 acres of highly functional PNA habitat.,
5) In a July 23, 1998 letter to you from the N.C. Division of Water Quality (DWQ), it was stated
that the proposed project would remove or degrade significant water quality uses, which
would result in a violation of State water quality standards. In addition, it is noted that the
Division of Water Quality has not yet received a response from you concerning project need
and design. Therefore, a Water Quality Certification has not been acted upon, and the DWQ
has informed this office that their record on this project is officially closed, a fact which
prevents this office from taking a favorable action on the application.
6) The failure to obtain a Water Quality Certification has also led the U.S. Army Corps of
Engineers to deny without prejudice on September 22, 1998 the Federal authorization for the
proposed dredging project, under the authority granted by Section 10 of the Rivers and
Harbor Act. The Corps of Engineers further stated in their denial letter that regardless of the
denial without prejudice, serious resource agency concerns exist relative to the proposed
project.
7) Based upon the finding that the proposed project would eliminate or degrade significant water
quality uses, which would also violate State water quality and antidegradation standards, the
proposed project has been determined to be inconsistent with the following rules of the
Coastal Resources Commission:
NCAC T15A:07H.0601, which states "No development shall be allowed in any AEC which
would result in a contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of the local government in which the development takes place";
T15A:07H:0208(a)(2)(C), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the proposed project will not violate
water and air quality standards; and
NCAC T15A07H.0207(d), which states that projects within public trust waters of the State

r
Town of Sunset Beach
Page 3
September 25, 1998
should not violate State water quality standards.
8) Based upon the determination that the proposed project would lead to unacceptable adverse
environmental impacts to 2.9 acres of primary nursery area -habitat, the proposed project has
been determined to be inconsistent with the following list of Rules of the Coastal Resources
Commission which deal with coastal resource protection and management:
T15A:07H.0208(b)(1), which states that "Navigation channels, canals, and boat basins must
be aligned or located so as to avoid primary nursery areas, highly productive shellfish beds,
beds of submerged aquatic vegetation, or significant areas of regularly or irregularly flooded
coastal wetlands... ";
T15A:07H.0206(c), which states that the management objectives for estuarine waters are "To
conserve and manage the important features of estuarine waters so as to safeguard and
perpetuate their biological, social, aesthetic and economic values; to coordinate and establish
a management system capable of conserving and utilizing estuarine waters so as to maximize
their benefits to man and the estuarine system"; and
T15A:07H.0208(a)(2)(B), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the applicant has "selected a
combination of sites and design that will have a minimum adverse impact upon the
productivity and biological integrity of coastal marshland, shellfish beds, beds of submerged
aquatic vegetation, spawning and nursery areas...".
9) Inasmuch as the proposal is inconsistent with a state standard or standards, the proposal has
been determined to be inconsistent with the Town of Sunset Beach Land Use Plan.
Given the preceding findings, it is necessary that your request for a permit under the State
Dredge and Fill Law be denied. This denial is made pursuant to N.C.G.S. 113-229, which provides
that a permit may be denied for cases where a proposed development will lead to a significant adverse
impact to fisheries resources. It is further required that your request for a permit under the Coastal
Area Management Act be denied. This denial is made pursuant to (1) 113A-120(a)(2), which
requires that a CAMA permit be denied if the state dredge and fill permit is denied under N.C.G.S.
113-229, and (2) N.C.G.S. 113A-120(a)(8), which requires permit denial for projects inconsistent
with the state guidelines for Areas of Environmental Concern or the local land -use plan.
It is also noted that although this denial was made based upon reviewing the majority of the
proposed project as a new activity as opposed to maintenance excavation, the anticipated adverse
environmental impacts, the State and Federal review agency objections, and the denial of the
necessary Federal authorization are more than sufficient to support the denial of the project under the
maintenance excavation provisions of the Rules of the Coastal Resources Commission.

Town of Sunset Beach
Page 4
September 25, 1998
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both parties
and then makes a recommendation to the Coastal Resources Commission. Your request for a hearing
must be in the form of a written petition, complying with the requirements of § 150B of the General
Statutes of North Carolina, and must be filed with the office of Administrative Hearings, P.O. Drawer
27447, Raleigh, NC 27611-7447, [phone], within twenty (20) days of this decision on your
permit application. A copy of this petition should be filed with this office.
Also, you should be advised that as long as this state permit denial stands, your project must
be deemed inconsistent with the N.C. Coastal Management Program, thereby precluding the issuance
of any Federal permits for this project. The Federal Coastal Zone Management Act (CZMA) gives
the right to appeal this finding to the U.S. Secretary of Commerce within thirty (30) days of receipt
of this letter. Your appeal must be based on the grounds that the proposed activity is (1) consistent
with the objectives or purposes of the CZMA, or (2) is necessary in the interest of national security,
and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
�nSiin_c-erely,
Z),
Donna D. Moffitt
DDM/dh
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Terry R. Youngbluth
U.S. Army Corps of Engineers
Wilmington, NC

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
A) APPLICANT: Town of Sunset Beach/Jink's Creek Dredging Project County: Brunswick
LOCATION OF PROJECT: AIWW adjacent to Shoreline Drive East, between Mary's Creek and Turtle
Creek, in Sunset Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: May 8, 1998
FIELD RECOMMENDATION: Attached: Y To Be Forwarded: N
CONSISTENCY DETERMINATION: Attached: N To Be Forwarded: Y
FIELD REPRESENTATIVE: Parker DISTRICT OFFICE: Morehead\
DISTRICT MANAGER REVIEW: RECEIVED
B) DATE APPLICATION RECEIVED IN RALEIGIJ9 FEE REC'D:$ Z
PUBLIC NOTICE REC'D: >/ END OF NOTICE DATE: 7- 7 -9r
ADJ. RIP. PROP NOTICES REC'D: COASTAL MANAGEMENT DEED REC'D:
APPLICATION ASSIGNED TO: ON: -OCT
C) 75 DAY DEADLINE: 9 150 DAY DEADLINE:!!f —
MAIL OUT DATE: `- STATE DUE DATE: 9?
FEDERAL DUE DATE:1tFPT FED CO TS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON C;
AGENCY
DATE CONDAENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
�-_ _ 4
Coastal Management - LUP Consistency
- C? C"
Division of Community Assistance
Land Quality Section
Division of Water Quality 7 77-f
� qq
d-
Storm Water Management (DWQ) 1 - t7-NY
State Property Office
Division of Archives & History
-
b
Division of Environmental Health
—
Division of Highways
- J j . y
Wildlife Resources Commission
Division. of Water Resources
J-Z �-1
Division of Marine FisheriesSubmerged
Lands (DMF

Recommendations for State Permit - Jink's Creek Dredging Project
The project is not consistent with 7H.0208(b)(1). Pre -application consultation with DCM and DMF
resulted in site visits by DMF staff, indicating that the cross -canal area was a highly productive PNA. The
applicants were made aware that the project posed significant adverse PNA impacts, but opted to submit
an application, stating that if their request was denied, they wished to pursue a variance from the
Commission. The applicants intend to invoke the standards stated in 07H.0208(b)(1)(J) which describes
specific use standards for maintenance dredging in PNAs as their basis for obtaining a variance. However,
the applicant has failed to submit the original depth and widths of the dredged channel. In order to ensure
no new or expanded use of the channel, the applicant would need to submit the original dimensions and
show no increase nor expansion of original depths and widths. I recommend denial of the proposed
project.
Note: Please contact for additional comments, prior to permit action different from the above
recommendation.

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
June 15, 1998
Zoe D. Bruner, District Planner
Division of Coastal Management
AiT4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
Town of Sunset Beach/Jink's Creek Dredging Project
RECEIVED
JUL 0 7 1998
COAg7-AL MANAGEMENT'
AIW W adjacent to Shoreline Drive East, between Mary's Creek and Turtle Creek,
in Sunset Beach
Proposed Project: The riparian property owners adjacent to the AIWW, in the area known as Jink's
Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and
Turtle Creek, to provide boating access to their property.
Please indicate below your office's position or viewpoint on the proposed project and return this form by
July 5, 1998. If you have any questions regarding the proposed project, please contact Jerry A. Parker
a 00. When appropriate, in-depth comments with supporting data is requested.
REPLY: This office has no objection to the project as proposed.
This office has no comment on the proposed project.
This office approves of the project only if the recommended changes are
incorporated. See attached.
This office objects to the project for reasons described in the attached comments.
SIGNED DATE %
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

AOMAA-A
NCDENR
N CVio mDFrp3rt .ov
ENVIRONMF AND NRlIR1L RE9dRi
MEMORANDUM
TO: John R. Parker, Major Permits Processing Coordinator
cc: C.Jones, R. Shaw, C.R.Stroud, Jr.,J.A.Parker, Linda Fluegel
FROM: Zoe D. Bruner, DCM District Planner
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Town of Sunset Beach, Jinks Creek Dredging Project, Sunset Beach
DATE: July 6, 1998
This permit consistency opinion is based on my review of the Town of Sunset Beach permit
application, the Field Investigation Report (J.A.Parker, 6/12/98), and my understanding and
interpretation of the policies presented in the 1992 Sunset Beach Land Use Plan.
The riparian property owners adjacent to the AIWW in the area known as Jink's Creek,
have petitioned the Town of Sunset Beach, to apply for the necessary permits to dredge
a channel, parallel to the waterway, between Mary's Creek and Turtle Creek, to provide
boating access to their property. The area is primary nursery, the waters are classified as
SA, the waters are closed to the taking of shellfish. This project was first submitted in 1995
and was denied. The location and complete description of the project, as well as
discussion of the previous application is in the Field Investigation Report.
LAND USE CLASSIFICATION:
CLASSIFICATION DESCRIPTION:
see attached 1995 consistency document
see attached 1995 consistency document
RELATED POLICIES AND IMPLEMENTATION MEASURES:
see attached 1995 consistency document
CONSISTENCY OPINION:
Jerry Parker, the field representative working on this project, has concluded that this
submittal is essentially the same as the 1995 application (see the Field Investigation
Report). Although the Town of Sunset Beach has adopted an updated land use plan, that
plan has not yet been brought before the Coastal Resources Commission for certification.
Therefore, the 1992 Land Use Plan is still the plan of record for consistency
determinations. The attached December 28, 1995 consistency opinion is still valid.
jinks2

L
1DEHNFR
TO: John R. Parker
Major Permits Processing Coordinator
FROM: Zo8 D. Bruner, DCM District Planner
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Town of Sunset Beach/Jink's Creek Dredging Project
DATE: December 28, 1995
This permit consistency opinion is based on my review of the Town of Sunset Beach permit
application, the Field Investigation Report (EF Brooks, 12/13/95), and my understanding and
interpretation of the policies presented in the Town of Sunset Beach Land Use Plan.
The riparian owners adjacent to the AIW W in the area known as Junk's Creek have petitioned the
Town of Sunset Beach to apply for the necessary permits to dredge a U-shaped channel parallel
to the waterway between Mary's Creek and Turtle Creek to provide boating access to their
property. The location and complete description of the project are in the Field Investigation
Report.
LAND USE CLASSIFICATION: Conservation
The primary goal of this classification is to protect the resources found within areas of
environmental concern. The proposed project is in a Primary Nursery Area (PNA).
RELATED POLICIES AND IMPLEMENTATION MEASURES:
The Town of Sunset Beach Land Use Plan Policies rely on compliance with the regulations
set forth by the State to protect the natural resources of the coastal zone. The regulatory agencies
specifically recognized include the Division of Coastal Management and Division of
Environmental Management.
CONSISTENCY OPINION:
This project will be consistent with the Town of Sunset Bah Land Use Pan only if the
project is in compliance with 15A NCAC 7H. In addition, any conditions placed on this permit
by this or other state review agencies should be met. Because the project is in a Primary Nursery
Area, Marine Fisheries comments/conditions should be carefully followed.
The project location may conflict with one of the Bridge Alternative Sites for the
replacement bridge to Sunset Beach now under review. One of the sites proposed incorporated
Mary's Creek. I recommend that the documents for those bridge alternatives be reviewed before
a permit is granted for the Ank's Creek project to assure that there is no future conflict.
cc: CR Stroud, Jr.
EF Brooks
L Fluegel
s;N..ymt.

State of North Carolina
Department of Environment,
Health, and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr. Director
MEMORANDUM
TO:
FROM:
SUBJ:
July 28, 1998
John Parker, Jr.
Major Permits Processing Coordinator
Preston P. Pate, Jr., Director
Division of Marine Fisheries
ALT!
��•
1�A
ID E"INA
RECEIVED
AUG 0 5 1998
COASTAL MANAGEMENT
CAMA/Dredge & Fill Permit Application for
Town of Sunset Beach/Jink's Creek Dredging Project - Fender County
I have reviewed the comments provided by the District Manager and/or Bio-Supervisor and concur
with their recommendationlsl.
Director, Date
Date
Preston P.Pate, Jr.
Deputy Director, Date
Michael G. Buhl
Public Trust/Sy+ merged Lands Q rep
P.A. Wojciechowski Date
h: \permits\den is Is\d ir.den
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
MEMORANDUM
A�rw�wwww►
NCDENR
YJhOF
ENvmow,mmi ANL) NAai:AAL ryeictmc;es
28 July 1998
TO: John Parker, Jr.
Major Permits Processing Coordinator
FROM: P.A. Wojciechowskr
SUBJECT: CAMA/DREDGE AND FILL PERMIT
Town of Sunset Beach/Jink's Creek Dredging Project - Pander County
Attached is the Division's reply for the above referenced project. If you have any questions,
please don't hesitate to contact me.
PAW/bc
permits\adminVpcover.ltr
P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
June 15, 1998
Mr. Preston P. Pate, Jr., Director
Division of Marine Fisheries
John R. Parker
Major Permits Processing Coordinator
A7izA�
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
CAMA/DREDGE & FILL Permit Application Review
Town of Sunset Beach/Jink's Creek Dredging Project
AIWW adjacent to Shoreline Drive East, between Mary's Creek and Turtle Creek,
in Sunset Beach
Proposed Project: The riparian property owners adjacent to the AIWW, in the area known as Jink's
Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and
Turtle Creek, to provide boating access to their property.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by July 5, 1998. If you have any questions regarding the proposed project, please contact Jerry A. Parker
at extension 254. 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.
TW2gggg o 'ects to the project for reasons described in thAlf"",*mments
SIGNED DATE —7 J U L 2 7 1998
I V DMF HABITAT
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

01
MAR 1 9 10
DMF-PUB. TUSUBLANDS
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
P.O. Box 27687 • Raleigh, North Carolina 27611-7687
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
March 11, 1996
CERTIFIED MAIL
Retum Receipt Requested
Town of Sunset Beach
ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
Roger N. Schecter
Director
This letter is in response to your application request under the Coastal Area Management
Act (CAMA) and the state dredge and fill law to excavate approximately 2.9 acres of shallow
bottom habitat of Jink's Creek, in Sunset Beach. Processing of the application, which was
accepted on November 29, 1995, and for which notice of extended review was given on February
12, 1996, is now complete.
Based on the joint state and Federal agency review, the Division of Coastal Management
has made the following findings:
1) The project has been determined to be new development and does not constitute
maintenance of an existing channel;
2) The proposed project will alter approximately 127,125 square feet of shallow
water fisheries habitat of Jink's Creek;
3) The project alignment is located within a Primary Nursery Area, so designated by
the Marine Fisheries Commission to afford such areas special protection;
2728 Capital Boulevard, Packer -Lincoln Building, Section F. Raleigh, N.C. 27604 • Telephone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer

4) Dredging of the project alignment will reduce the important nursery function of
the area for fish and shrimp, which in turn supports commercial and recreational
fishing, and will lead to a significant adverse impact on fisheries resources in the
area.
5) During the course of the permit application review, four State and three Federal
agencies recommended that authorization for the proposed development not be
granted;
6) The proposed project is determined to be inconsistent with T15A:07H.0208(b)(1),
which. states that "Navigation channels, canals, and boat basins must be aligned
or located so as to avoid primary nursery areas, highly productive shellfish beds,
beds of submerged aquatic vegetation, or significant areas of regularly or
irregularly flooded coastal wetlands."
7) The proposed project is determined to be inconsistent with T15A.07H.0206(c),
which states that the management objectives for estuarine waters are "To conserve
and manage the important features of estuarine waters so as to safeguard and
perpetuate their biological, social, aesthetic and economic values; to coordinate
and establish a management system capable of conserving and utilizing estuarine
waters so as to maximize their benefits to man and the estuarine system."
8) Inasmuch as the proposal is inconsistent with a state standard or standards, the
proposal has been determined to be inconsistent with the Town of Sunset Beach
Land Use Plan.
Given the preceding findings, it is necessary that your request for a permit under the state
dredge and fill law be denied. This denial is made pursuant to N.C.G.S. 113-229, which
requires that a permit be denied for cases where a proposed development will lead to a significant
adverse impact to fisheries resources. It is further required that your request for a permit under
the Coastal Area Management Act be denied. This denial is made pursuant to (1) 113A-
120(a)(2), which requires that a CAMA permit be denied if the state dredge and fill permit is
denied under N.C.G.S. 113-229, and (2) N.C.G.S. 113A-120(a)(8), which requires permit denial
for projects inconsistent with the state guidelines for Areas of Environmental Concern or the local
land -use plan.
If you wish to appeal this denial, you are entitled to a hearing. The hearing will involve
appearing before an Administrative Law Judge who listens to evidence and arguments of both
parties and then makes a recommendation to the Coastal Resources Commission. Your request
for a hearing must be in the form of a written petition, complying with the requirements of
§150B of the General Statutes of North Carolina, and must be filed with the office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447, [phone], within
twenty (20) days of this decision on your permit application. A copy of this petition should be
filed with this office.

Also, you should be advised that as long as this state permit denial stands, your project
must be deemed inconsistent with the N.C. Coastal Management Act Program, thereby precluding
the issuance of Federal permits for this project. the Federal Coastal Zone Management Act
(CZMA) gives the right to appeal this finding to the U.S. Secretary of Commerce within thirty
(30) days of receipt of this letter. Your appeal must be based on the grounds that the proposed
activity is (1) consistent with the objectives or purposes of the CZMA, or (2) is necessary in the
interest of national security, and thus, may be federally approved.
If you have any questions concerning this matter, please contact Mr. John Parker at (919)
733-2293, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
Roge . Schecter
Director
cc: Mr. Jeffery Benoit, Director
OCRM/NOAA
Silver Spring, MD
Colonel Robert J. Sperberg
U.S. Army Corps of Engineers
Wilmington, NC

State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Marine Fisheries
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Preston P. Pate, Jr., Director
July 21, 1998
TO: John Parker
FROM: Fritz Rohde
SUBJECT: Jink's Creek dredging
NCDENR
NORTH CARou NA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
The NC Division of Marine Fisheries objects to this project as it did in 1996 and for the
same reason: it is a very productive Primary Nursery Area. Trawl samples were taken in 1998
in this creek and compared to samples taken behind Sunset Beach, also in a designated Primary
Nursery Area. The catches were very similar and demonstrate very well that the proposed
project area is indeed functioning as a primary nursery area. The Division objects to bottom
disturbing activities in these productive waters. It is not opposed to maintenance dredging in
Mary's Creek and Turtle Creek since it has already been permitted. Data from the sampling are
attached.
127 North Cardinal Dr., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

Jinks Creek
Fox Creek
Jinks Creek
Jinks Creek
Fox Creek
5-27-98
5-27-98
7-10-98
7-21-98
7-21-98
spot
263
273
59
13
10
croaker
5
39
15
1
7
menhaden
10
brown
shrimp
59
52
91
8
6
white shrimp
32
174
430
blue crab
24
13
9
bay anchovy
12
27
1
14
3
pink shrimp
2
1
pinfish
1
5
1
2
ladyfish
2
1
summer
flounder
1
1
bay whiff
3
darter goby
1
sharptail
goby
1
spotfin
mojarra
44
4
lesser blue
crab
1
4
blackcheek
tonguefish
2
lookdown
1
inshore
lizardfish
1
grass shrimp
1
201
1

To: John Domey
Environmental Sciences Branch
D"ION OF WATER QUALITY
CAMA MAJOR _t_utY APPLICATION slLDl.
-`- -1 ►:_ I•y_y. Ij y.:_�7. i_ .'r1 : ►II17,a,%1JJu Y .
REVIEWER: STEENHUIS f 113/ m
ACTING WQ SUPERVISOR: SHIVER
DATE: July 13,1998
WETLAND INFORMATION FOR CENURAL OFFICE TRACKDUG
PERMIT YR: 98 PERMIT NO.: 980563 COUNTY: Brunswick
PROJECT NAME: Town of Sunset Beach/ Jmk's Creek Dredging Project
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: June 16, 1998
REG OFFICE: WIRO . RIVER AND SUB BASIN#: 030759
*STREAM OR ADJACENT WATER BODY: AIW W/Jink's Creek between Mary's & Turtle Creeks
CLASS: SA STREAM INDEX #: 15-25
*OPEN OR CLOSED: Closed
WL IMPACT: N/A WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A
RECOMMENDATION: DENY
STORMWATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The riparian property owner's adjacent to the AIW W, in the area known as
Jink's Creek, have petitioned the Town of Sunset Beach, to apply for the necessary permits to dredge a cbannel
to the waterway, between Mary's Creek and Turtle Creek to provide boating access to their property.
WATER QUALITY CERT. I40 I
CERT. REQ'D: Yes
IF YES, TYPE: General Certification # 3112 for CAMA Permits
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DWQ,.IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? Yes (PNA)
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes

980563.July
Page Two
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMENDED CONDITIONS OR PERM RESTRICTIONS
The proposed project will result in the loss of 127,125 Square feet of Primary Nursery Area
Shallow bottom habitat. Such a proposal is inconsistent with 15A NCAC 2B.0201. It is therefore
recommended that the project and the 401 Certification be denied.
cc: Central Files - John Domey
Wilmington Regional Office Files
DCM- Jerry Parker
John Parker
jkECIFIVED
31J1.1 a 199e
� �vAmeetov

V- uwU wu CNVO1_1 Tax •717—r�o—����
Huy 4 JO 14•00 1 . V1, Vl
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Di
CERTIF ED MAIL
RETURN RECEIPT REQUESTED
Town of S et 1leach
709 Sunset BTV.—
Sunset peach, NC 28468
Dear Sirs:
The Division of Water Quality has reviewed y1
Beach/Jink's Creek area in Brunswick County for a b
identified significant uses, which would be removed
Primary Nursery Area. Furthermore, insufficient cvi
built as planned in waters and/or wetlands in accutda
the proposal are made as described below, we will he
15A NCAC 2H .0507(e) and will place this project o
Until we receive additional information, we are regw
Engineers and/or the N.C, Division of Coastal Manal
■ IN fit+ tt` 4.
NORTH CAROL-INA [DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 23, 1998
DWQ Project M 980563
Brunswick County
it plans to dredge 2.9 acres of waters located at Town of Sunset
acing access in Jink's Creek. Based on this review, we have
r degraded by this project. These use6 are aquatic life uses in this
once is present in our files to conclude that your project must be
cc with 15A NCAC 2H .0506. Therefore, unless modifications of
e to move toward denial of your 401 Certification as required by
hold as incomplete until we receive this additional information.
ting (by copy of this letter) that the U.S. Army Corps of
ment place your project on administrative hold.
Please provide us with information supporting iour position that states your project must be constructed as
planned and that you have no practicable alternative tfi placing fill in these waters and/or wetlands. Specifically can you
construct your dredging by minimizing its effects an a PNA? Any documentation such as maps anti narrative that
you can supply to address alternative designs for you project may be helpful in our review of your 401 Certification.
Please respond within two weeks of the date of
copy to Ms. Joanne Steenhuis Wilmington Regional (
we do not hear from you in two weeks, we will assum
consider the project as withdrawn- 1 cart be reached al
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Wilmington Pield Office Corps of Engineers
:his letter by sending a copy of this information to me and one
Iffice at 127 Cardinal Drive Extension Wilmington NC 28405. If
e that you no longer want to pursue this project mid we will
919.733.1786 if you have any questions.
S' cc 1
to R. Domcy
w, er Quality Cerrd a ion Program
980563.nty
Division of Water Qiliality • Non -Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • �elephone 919-733-1786 • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50/ recycled/ 10% post -consumer paper

v/vG W sr -
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 19, 1998
MEMORANDUM
TO: Mr. Charles R. Fullwood, Jr., Director
Wildlife Resources Commission
Attn: Habitat Conservation Program
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &-FILL Permit Application Review
APPLICANT: Town of Sunset Beach/Jink's Creek Dredging Project
PROJECT LOCATION: AIWW adj. Shoreline Dr. East, Sunset Beach, Brunswick Co.
PROPOSED PROJECT: To dredge a channel to provide boating access to residents.
Please indicate below your agency's position or viewpoint on the proposed and return this form
by July 10, 1998. If you have any questions regarding the proposed project, please contact
John Parker at 733-2293. When appropriate, in-depth comments with supporting data are
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
memo.
Signed. Date
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST -CONSUMER PAPER

® North Carolina Wildlife Resources Commission®
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Parker, Jr.
Major Permits Processing
FROM: Bennett Wynne A4✓
Habitat Conservation Program
DATE: July 8, 1998
SUBJECT: CAMA/Dredge and Fill Permit Application for Town
of Sunset Beach/Jinks Creek Dredging Project, AIWW
adjacent to Shoreline Drive East, Sunset Beach,
Brunswick County, North Carolina.
The Wildlife Resources Commission has reviewed the
project for impacts to wildlife and fishery resources. A
site visit was made on July 7, 1996. Our comments are
provided in accordance with provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et. seq.) and the Coastal Area Management Act
(G.S. 113A-100 through 113A-128).
We reviewed the project in January of 1996 and
recommended modifications to the proposed work. The permit
was subsequently denied. This application is essentially
identical to the original except for some additional
photographic documentation of past dredging. Despite having
been dredged in the distant past, the site of the proposed
connector channel has naturalized considerably and its
nursery area qualities are excellent (Fritz Rohde, DMF,
pers. comm.). Therefore, we still consider our earlier
project description and recommendations to be applicable.
The applicant proposes to dredge a U-shaped channel
including the mouths of Mary's Creek and Turtle Creek and
adjacent to the AIWW channel. The purpose of the project is

Jinks Creek Dredging 2
7/8/98
to provide boating access to shoreline property owners. We
have observed great blue heron, white ibis, herring gulls,
buffleheads, and hooded mergansers in the project area
during our site visits. Oysters are prevalent at the site.
Area waters are classified SA and designated a Primary
Nursery Area.
As proposed, the project would disturb 2.9 acres of
productive shallow water habitat in a Primary Nursery Area.
Adverse impacts would be particularly acute at the more
naturalized site of the proposed connector channel. High
quality waterfowl wintering, wading bird feeding, and
fisheries nursery habitats would be degraded by deepening
and elevated turbidities. Therefore, we recommend that the
project be modified as follows prior to permit issuance.
1. Delete the connector channel (between Mary's and
Turtle Creeks) portion of the project to reduce the
extent of impacts to high quality fish and wildlife
habitats.
2. For the remaining areas to be dredged (mouths of
Mary's and Turtle Creeks), avoid dredging from April 1
to September 30, a peak period of biological activity.
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 19, 1998 /Q/ n
;14JU
MEMORANDUM N 2 �9g8
BN��SN
TO: Ms. Linda Sewall, Director��Op
Division of Environmental Health
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Town of Sunset Beach/Jink's Creek Dredging Project
PROJECT LOCATION: AIWW adj. Shoreline Dr. East, Sunset Beach, Brunswick Co.
PROPOSED PROJECT: To dredge a channel to provide boating access to residents.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 10, 1998. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY / This agency has no objection to the project as proposed.
V/ s agency h no co e n the roposed pr .cue t
AThis agency approves of the project, o if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
P.O. BOX 27687, RALEIGH, NC 27611-7687/2728 CAPITAL BLVD., RALEIGH, NC 27604
AN EQUAL OPPORTUNITY/APFIRMATIVE ACTION EMPLOYER_ PHONE [phone] FAX[phone]
S0% RECYCLED/10q POST -CONSUMER PAPER

•r
GENERAL COMMENTS Project:
The applicant should be advised that plans and specifications for all water system improvements must be
approved by the Division of Environmental Health prior to the award of a contract or the Initiation of construction (as
required by 15A NCAC 1 SC 0.0300 et. seq.). For information, contact the Public Water Supply Section, (919)733-
2460.
This project will be classified as a non -community public water supply and must comply with state and federal
drinking water monitoring requirements. For more information, the applicant should contact the Public Water
Supply Section, [phone].
If this project is constructed as proposed, we will recommend closure of adjacent waters to the harvest of shellfish.
For information regarding the shellfish sanitation program, the applicant should contact the Shellfish Sanitation
Section, [phone].
Cumulative impacts from this type of project could cause deterioration in water quality. The proposed project
would increase impervious surfaces and alter natural drainage patterns. There would be a loss of natural
vegetation causing an increase in stormwater runoff which could jeopardize the open status of adjacent waters.
For more information, the applicant should contact the Shellfish Sanitation Section at [phone].
The subject project is located in an area open to shellfish harvesting. The 10-slip dock, as proposed, would not
cause closure in accordance with 15A NCAC 18A MARINAS: DOCKING FACILITIES: OTHER MOORING AREAS;
however, dockage at the facility could exceed 10 boats. If this was to occur, closure would be recommended ir,
accordance with DEH rules. For information regarding shellfish sanitation, the applicant should contact the Shellfish
Sanitation Section at [phone].
Proliferation of these type facilities could cause deterioration in water quality and consequently additional closures
of shelifishing waters. For more information, the applicant should contact the Shellfish Sanitation Section at
[phone].
The spoil disposal area(s) proposed for this project may produce a mosquito breeding problem. For information
concerning appropriate mosquito breeding measure, the applicant should contact the Public Health Pest
Management Section at [phone]. The applicant should also contact with Mosquito
Control in County at
This is a mosquito breeding area. Construction plans and operations should include awareness of this. The
applicant should contact the Public Health Pest Management at [phone] for a site visit or information to he.o
prevent the creation of more mosquito habitat.
The applicant should contact cg with Mosquito Control in
County at Do -),q
The applicant should be advised that this area is a mosquito infested habitat. Mosquito control will be a problem,.
The applicant should be advised that prior to the removal or demolition of dilapidated structures, on extensive
rodent control program may be necessary in order to prevent the migration of rodents to adjacent areas. For
information concerning rodent control, contact the local health department or the Public Health Pest Management
Section, [phone].
The applicant should be advised to contact the local health department regarding their requirements for septic
tank installations (as required under 15A NCAC 18A .1900 et.seq.). For information concerning septic tank and
other on -site waste disposal methods, contact the On -Site Wastewater Section at [phone].
The applicant should be advised to contact the local health department regarding the sanitary facilities required `or
this project.
The applicant should work with the local health department to assure that plans for the food service establishmen
are approved prior to con uction.(�p}�A (�
Reviewer: C �`� L"" ""`^��% �`v( Date: Gl?i[eo� GI J�yO

MHK-GJ-I'JU'J Ub;lib hKUrl
IU r.ur
State of ApripCarolina
Departme t
Ihf l:.nvironment
and Nat 1
sources
Wilmington
egiorlalOffiicee
Division of Coastal Manag n
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
TO:
NOS nl CAROLINA DCRARTMEM OF
ENJIROI4MENT AND NATURAL RESOURCES
June 15, 1998
Mr. Charles Gardner, Director
Division of band Resources
FROM: John R. Parker
Major Permits Processing Coordinator
SUBJECT:
CAMA/DREDGE & FILL Permit Application Review
Applicant. Town of Sunset Beacb/Jink's Creek Dredging Project
Project Location: AIW W adjacent to Shoreline Drive East, between Mary's Creek and Turtle Creek,
in Sunset Beach
, in the area
as
Proposed Project: Creek srian have petitioned the Town of Sunset erty owners adjacent to the Bea h, t apply for the nnecessary
permits to dredge a channel, parallel to the waterway, between, Mary's Creek and
Turtle Creek, to provide boating access to their property.
ct and return
s form
Please indicate below your agency's position or vi g the pt on the prof ct, please osed econtact Jerry A.tParker
by July 5, 1998, If you have any questions regarding proposed orting data is requested.
at extension 254• When appropriate, in-depth comments with supporting
REPLY:This agency has no objection to the project as proposed.
This agency ,I as no comment on the proposed project,
This agency approves of the project only if the recommended changes are
1 x incorporated. Sete attached. 1 ,l,ci� mOs>! bc. m�-{
Stct,M.��a C,tiE C(OS o � COwrM' agency
objects
the p o ct o L ea
This agency objects to cite project for reasons described in the attached comments.
SIGNED
DATE Jr�6 q�8
127 North Cardinal Drive, Wilmington, N.C. 28405.3845 • TelePhone [phone] • Fax [phone]
An Equal opportunity Affirmative Action Employer

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 19, 1998
MEMORANDUM
-ta A`Si E
r
JUN 22 1998
TO: Mr. John Sutherland, ChiefTDi ftBgOUfg
Water Planning Section
Division of Water Resources PFCOVEW
FROM: John Parker, Jr. JUL 2 8 1998"
Major Permits Processing Coordinator
90ASTALMWOEMEl1tT
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Town of Sunset Beach/Jink's Creek Dredging Project
PROJECT LOCATION: AIWW adj. Shoreline Dr. East, Sunset Beach, Brunswick Co.
PROPOSED PROJECT: To dredge a channel to provide boating access for residents.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by July 10, 1998. If you have any questions regarding the proposed
project, please contact John Parker at 733-2293. When appropriate, in-depth comments
with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
- \e 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 Date 7! py
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVO., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - SO% RECYCLED/10% POST -CONSUMER PAPER
_ nv

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 19, 1998
u MrICIT1,73011W
TO: Ms. Renee Gledhill -Early
Environmental Review Coordinator
Division of Archives and History
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Town of Sunset Beach/Jink's Creek Dredging Project
PROJECT LOCATION: AIWW adj. Shoreline Dr. East, Sunset Beach, Brunswick Co.
PROPOSED PROJECT: To dredge a channel to provide boating access to residents.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by July 10, 1998. If you have any questions regarding the proposed project, please contact
John Parker at 733-2293 when appropriate, in-depth continents with supporting data are
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
co ments.
Signed a?/ C�- DateZ/ S/iP
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

State of North`Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
June 15, 1998
Mr. William A. McNeil, Director
Division of Community Assistance
Aia-CEIVED
NCDENR-, 'J 2 3 1998
NORTH CAROLINA DEPARTMENT ENVIRONMENT AND NATURAL RE50�TAL MANAGEMENT
John R. Parker
Major Permits Processing Coordinator
_----:fig
86619TNn
C121
CAMA/DREDGE & FILL Permit Application Review
Town of Sunset Beach/Jink's Creek Dredging Project
AIWW adjacent to Shoreline Drive East, between Mary's Creek and Turtle Creek,
in Sunset Beach
Proposed Project: The riparian property owners adjacent to the AIWW, in the area known as Jink's
Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and
Turtle Creek, to provide boating access to their property.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by July 5, 1998. If you have any questions regarding the proposed project, please contact Jerry A. Parker
at extension 254. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
_ l ms 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 DATE

NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 19, 1998
MEMORANDUM
TO: Mr. L. A. Sanderson, P.E.
Highway Administrator
Division of Highways _
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Town of Sunset Beach/Jink's Creed Dredging Project
PROJECT LOCATION: AIWW adj. Shoreline Dr. East, Sunset Beach, Brunswick Co.
PROPOSED PROJECT: To dredge a channel to provide boating access to residents.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by July 10, 1998. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data
are requested.
REPLY This agency has no objection to the project as proposed.
/
V 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
comments.
for reasons described in the attached
Date a 9F
P.O. BOX 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIGH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/1 O% POST -CONSUMER PAPER

JAMES B. HUNT JR.
I
k.Y ROOERN.SCHECTER
DIRECTOR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
June 19, 1998
MEMORANDUM
TO: Mr. Joseph H. Henderson, Director
State Property Office
Department of Administration
FROM: John Parker, Jr.
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
APPLICANT: Town of Sunset Beach/Jink's Creek Dredging Project
PROJECT LOCATION: AIWW adj. Shoreline Dr. East, Sunset Beach, Brunswick Co.
PROPOSED PROJECT: To dredge a channel to provide boating access to residents.
Plesase indicate below your agency's position or viewpoint on the proposed project and return
this form by July 10, 1998. If you have any questions regarding the proposed project, please
contact John Parker at 733-2293 when appropriate, in-depth comments with supporting data are
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
co e
Signedk�. P Date 4
P.O. Box 27687, RALEIGH, NC 27611-7687 /2728 CAPITAL BLVD., RALEIOH, NC 27604
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER -50% RECYCLED/10% POST -CONSUMER PAPER

MHK—e3—i'J00 F d; Ub r-KUPI
I U b717 (3614'7J t1. ob
--t;TAie of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James 8. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMO AZ n 1M;
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Dan Cordell
LPO Sunset Beach
NCDENR
Nome, CARouNA DE TMKW Or
rwnONMEW AND NATURAL RE9OURccS
n j� 'k.� y i 7„1
June 15, 1998 1 e `
e ...1 !uN Z To
DIVISION OF
af- AR1N."'a�M�NT
John R. Parker
Major Permits Processing Coordinator
CAMA/DREDGE & PILL Permit Application Review
Town of Sunset Beach/Jink's Creek Dredging Project
AIWW adjacent to Shoreline Drive East, between Mary's Creek and Turtle Creek,
in Sunset Beach
Proposed Project: The riparian property owners adjacent to the AIWW, in the area known as Jink's
Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and
Turtle Creek, to provide boating access to their property,
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by July 5, 1998. If you have any questions regarding the proposed project, please contact Jerry A. Parker
at 910/395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: 4 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.
SIGNED62*hDATE
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax 91 o-350-2004
an Fmual onoortunity Affirmative Action Employer

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MKS CREEK DREDGING PUN
HOUSTON AND ASSOCIATES, P.A. 1.
CONSULTING ENGINEERS TOWN OF SUNSET BEACH
S� ) 7M-024
��ed 117 Pim SVmt P.O. Be. n27 IW., N� �lm 2U% (910 Ll
'W'
A

Town of Sunset Beach/Jink's Creek Dredging Project
Paee 2
I AIJ_Y_ I ►1
This proposal has been determined to be the same as the application submitted and denied on March 11,
1996. However, the applicant failed to properly appeal the decision. The applicant now wishes to apply
for the permit again in order to establish their right to pursue a variance should the permit be denied
again. The project site, description, anticipated impacts, and recommendations were submitted in 1995
by Field Representative Ed Brooks. A site visit and subsequent review of this submitted application and
a review of the current rules and regulations regarding this type of development have led to the conclusion
that his review and recommendations are still applicable. I am in agreement with the original assessment
and recommendations given by Mr. Brooks. For that reason, I am submitting the applicable portions of
the field investigation report originally submitted by Mr. Brooks. Please be advised that the applicant
has submitted additional information with the current application which documents that the proposed area
was dredged before permitting was necessary. A sequence of photographs taken in 1949, 1956, 1966 and
1972 has been submitted which shows the area before and after dredging activity. The applicant was asked
to also submit information on the width and depth of the dredged channel in order to ensure that proposed
widths and depths would not exceed the original dimensions. However, that information was not made
available. The Division of Marine Fisheries has reported that they have been periodically sampling the
proposed dredge site since the submittal of the first application. They report findings that show the area
is still a highly productive Primary Nursery Area (PNA). They also reported catches that were very
similar in quantity and diversity as nearby PNAs that had no reported history of dredging activity.
The project site is on the north side of the Atlantic Intracoastal Waterway, adjacent to one existing
business and 24 private residences or residential lots, on Shoreline Drive East and Hickory and Stokes
Streets, in Sunset Beach, in Brunswick County, North Carolina. The property owners have petitioned the
Town of Sunset Beach, to apply for the necessary permits to dredge a channel, parallel to the waterway,
between Mary's Creek and Turtle Creek, to provide boating access to their property. The project area
consists of approximately a 30-acre area of coastal marsh and shallow bottom, with three creeks along
the shoreline. The creeks were originally natural drainage features from the adjacent upland area, but
none of them are now more than several hundred yards long and all of them dead end at elevated culverts
on either NC Hwy 179 or Shoreline Drive East. Mary's Creek, to the west, has previously been dredged
(State Permit #241-87) to access Bill's Seafood Market and Restaurant located at the corner of the above
referenced streets. Turtle Creek, on the east side of the project, was originally excavated to create a canal,
from Shoreline Dr. E. to the AIWW. Maintenance dredging, on the southern half of that channel, was
completed in 1987 (State Permit #73-87). Jink's Creek, located in the center of the project area is little
more than a marsh cove, with a narrow channel, 3-6 feet wide, running through the Smooth Cordgrass
(Spartina alte iflora) marsh. There is a border of Smooth Cordgrass along the entire length of the
proposed project's shoreline, ranging in width from 20 to 70 feet. At its transition to highground, this
regularly flooded wetland border is fringed with high marsh species, including; Saltwart (. li o is spp.),
Sea Lavender (Limonium, spp.), Sea Oxeye (Rorricl is frutes , and Salt Meadow Grass (Spartim
patennsl. Waterward of the shoreline's marsh fringe there is an unvegetated shallow water flat that is
basically dry at low water. The applicants report that a channel was dredged through this area prior to
1972, which is a contention they have documented from the submitted photographs. An island -like
expanse of Smooth Cordgrass marsh, 50 to 280 feet wide, separates this area from the open water of the
AIW W.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of Sunset Beach/Jink's Creek Dredging Project
2. LOCATION OF PROJECT SITE: AIWW adjacent to Shoreline Dr. Bast, between Mary's
Creek and Turtle Creek, in Sunset Beach.
Photo Index - IM: Photo 192-18, N-O, 3-10 12U: Photo 8-68, O-Q, 7-14
1991 Photo 2-17 N-O, 13-19
State Plane Coordinates - X: 2176600 Y: 55400
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11-27-95
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received -
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Sunset Beach
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, CW, ES
(C) Water Dependent: YES
(D) Intended Use: Private and commercial
(E) Wastewater Treatment: Existing - Residences and businesses have individual septic tank
systems
Planned - N/A
(F) Type of Structures: Existing - Private piers and docks
Planned - None
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. EABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
2.9 acres
Shallow bottom
(C) Other
15.6 acres
Spoil Area
(D) Total Area Disturbed: 18.5 acres
(E) Primary Nursery Area: YES
(F) Water Classification: SA Open: Closed
8. PROJECT SUM!dARY: The riparian property owners adjacent to the AIWW, in the area
known as Jink's Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and Turtle Creek,
to provide boating access to their property.

Town of Sunset Beach/Jink's Creek Dredging Project
Page 3
The water; in the project area are classified SA, by the NC Division of Environmental Management, and
are CLOSED to the harvest of shellfish. The area is designated as a Primary Nursery Area (PNA) by the
NC Division of Marine Fisheries. The Atlantic Intracoastal Waterway is approximately 500 feet wide at
this location.
The applicants propose to excavate an U-shaped channel from the AIW W at Mary's Creek, then parallel
to the shoreline through the shallow water flat, and return tp the waterway at Turtle Creek. The channel
would be 2875 feet long and 30 ft. wide, except it would expand to a 40 ft. width through the comers
where the channel turns parallel to the shoreline. The proposed depth is -8 feet at MLW. The applicants
predict that the side slope stabilization of the 30-40 feet box cut would produce a 55-65 feet top width
of the channel. The excavation would be done by hydraulic dredge, and the excavated material pumped
to an existing spoil disposal area located directly across the waterway. The diked disposal area is
approximately 1700 feet long and 400 feet wide.
_y_ 1 IUD'
The proposed project would disturb approximately 127,125 square feet (2.9 acres) of shallow water
bottom in a Primary Nursery Area. There would be some short-term turbidity associated with the
dredging activity. Approximately 30,000 cubic yards of spoil material would be generated from the
channel excavation, and deposited over a 680,000 square feet (15.6 acres) highground disposal site.
Although the proposed channel has been aligned to avoid coastal marsh, if the projected top channel width
has been under estimated, several areas of the adjacent Smooth Cordgrass marsh may be impacted by
sloughing of the channel side slopes. The project would provide better boating access for twenty-four
private residences and one commercial business.
Submitted by: Jerry A. Parker Date: June 12, 1998 Office: Wilmington

Form DCM-MP-1
(ro be completed by all applicants)
b. City, town, community or landmark
— - Sunset Beach
1. APPLICANT 71I)R"C -
� � c. Street address or secondary road number
T00 Susee# BPvd
a. Landowner: ] MAY 0 2 1997 t�
Public Trust 11 �11fi1()N OF d. Is proposed work within city limits or planning
Name rFtJiFNT jurisdiction? X Yes No
COASTAL MAR 0—
Address
city
Zip . Day Phone
Fax
b. Authorized Agent:
State
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Jink's Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name Town of Sunset Beach a. List all development activities. you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address 7 Q o--Su nz e.i S t v d . Maintenance dredging of the channel
in Jink's creek, as shown on the plans.
City Sunset Beach State NC
Zip 28468 Day Phone [phone]
Fax [phone]
c. Project name (if any) Sunset Beach
Dredging Project
NOTE. pernat i ifl be issued in mine oflmdo rft), and/or
project mint.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
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? Public
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. Provide access to adiacent
property from waterWay

Form DCNi-NIP-1
4. LAND AND WATER
CHARACTERISTICS
in. Describe existing wastewater treatment facilities.
Not applicable
a. Size of entire tract Approx. 90 arras n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) AD rox. lIl0 x 200' rF7Q7I � � 'vand residential discltarctes) effluent, 'wash
UJ,li1'l� ;� ✓ g
c. 1Approximate�pplevation of tract abo lye or Noll applicable
I 1! Il
I IA 0 21997
d. Soil type(s) and textures of tract (,o. Describe existing drinking water supply source.
O DIVISION �r ca 14 tic•able
Bohicket silty clay loam clay l°am ����T��ANAGEi�rc,
e. Vegetation on tract Marsh grass
f. Man-made features now on tract Piers and
docks.
g. What is the CAMA Land Use Plan land
classification of the site? (C�uu the local1=0 are plan-J
Conservation Transitional
Developed X Community
Rural Other
It. How is the tract zoned by local government?
Residential
I. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach Zoning oouf anee arrifioate, ifapplimble)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
If yes, has a delineation been conducted? Yes
(Attach docvmcntarion. ifovailobW
S. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant clauns 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
ink on an 8 112" by 11" white 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
prints 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 unfamiliar with the area to the

Form DCM-MP-1
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 See Attached
Address
Phone
All A
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
thel4iplication. 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.
y that I am authorized to grant, and do in fact,
ermission to representatives of state and federal
agencies to enter on the aforementioned lands in
:ion with evaluating information. related to this
Name 1 11 ,997 permit application and follow-up monitoring of the
Address Mwlg,n OF project.
Phone CnA.crp1_ M,11_4AGEMENT
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Maph enctoeed indicating o4i4ina.f
in
Lakes, Inc.; Eaht en#Aanee to meek
.t
Joe Peed.
• 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 Act (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.
This is the 15 day of ApAit , 19 97 .
Print Name Linda Ftuege.f
Signaturec4o— — -�\� _
t=11owu1 or Authorized Agent
enzAance .to eaeek-UetobeA 1, 1987by
Please indicate attachments pertaining to your proposed
project.
x DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE. Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form 00M-MP-2
6' a£ ~�, 9 4 ' Y0.
TST. �;y k �` Y: �1
t - E'
ANDrfr - FILL
r �
r, j a ky ■
(Except bridges and culvefU)
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.
Average Hall
Eesdog rruJect
Access
channel
(MLW) or (NwL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
subilization)
COASTAL MANAGE[oE_-NT
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards approx. 30,000
b. Type of material to be excavated Cl t ty .-i a v
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? R Yes No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Across Intracoastal
Waterway from project site
b. Dimensions of disposal area aipnrox 17001 3c
400, x 2.51
c. po you claim title to disposal area?
Yes X No
If no, -attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? 5C Yes _ No
If yes, where? Same Location

Form DCM-W-2
e. Does. the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION N / A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
d. Maximum distance waterward of MHW or NWL
Qwill excavated or fil�mater ai be knon site
e. Shoreline erosion during preceding Mmonths Viand eiosipn controlled? poet ahea ah a
, �J2.5 irke aaoun e entche axea.
99
(Source of informs ion)
lQC l
I
- tE
f. Type of bulkhead or riprap material aASTAL MANAGE
'll b ed
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
L Source of fill material
4. OTHER FILL ACTIVITIES N / A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
b. What type of construction equipment wt a us
(for example, dragline, backhoe, or hydraulic
dredge)?
HNd4au2.fe DAedge
c. Will wetlands be cr3ssed in transporting equipment
to project site? —Yes x.- No
If yes, explain steps that will be taken to lessen
environmental impacts.
Town ob Sunhet Beach
Applicant r Project Name
Signature
Revised 03195

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water' front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section "B.. of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the -Intracoastal Waterway from
Tubbs Inlet. -..,.-
We the undersigned request that Linda Fluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits;!
DIMS

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet. --�-
We the undersigned request that Linda Pluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits;l
NAME) LOT ADDRESS DATE
14
� IT 1�
1i�1/:cl•.. ,mac
COASTAL MANAGEMENT

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section "B" of the revised plan of Twin
.Lakes of M. C. Gore according to a.map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and_Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Fluegel, Administratgr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits;l
NAciE in i-i ♦ LOT ADDRESS DATE
COASTAL 1AA1vH1-itrAE1

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the- Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Fluegel, Administratgr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits..]
NAME LOT ADDRESS DATE
Uaw !dam KtcKoay .9�c=, � 10-i4-c!'
V 1
Tf
COASTAL MA14AGEMENT

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5' of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the -Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Pluegel, Administratgr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits:
NAME _ LOT ADDRESS DATE
COASTAL MANAGEMENT

Rnk-Du'
l`-n
GIVISIuit OF
COASTAL PIIANAGEMENT
Division of Coastal Management
Jerry Parker
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Dear Mr. Parker
The property owners of Sunset Beach, adjacent to Jink's River are filing a permit to dredge Jink's
River. It is my understanding that they are in need of a dredge spoil area.
By this letter, I am giving permission for the property owners to use the spoil area that was used
for the dredging project for Joe Peed dredging project. The area is located across the Intercoastal
Waterway from the Jink's Creek project. I have enclosed a copy of a map indicating the area.
Sin �rely,��� �% p
wardM. Gore, Sr. FA�i
Sunset Beach & Twin Lakes, Inc.
Enc.

•• ._- M H W f 3.5 feet
.'' Existing bottom
\\
Proposed channel bottom -6 feet NLW ......
Cross Section of channel
Proposed Maintenance of Jinks Creek
Dike Detail and
Cross Section of Channel
Copy From Permit 12/11/85
Number 211-85
Town of Sunset Beach
220 Shoreline Drive West
Sunset Beach, NC 28459
DSA NC-3820 2/20/1995
Town of Sunset Beach
I
Application to Dredge Canals A.B.C.6D
I"Vln L'H i H, /,� _
•V L • . Spillway pipe
Spoil Area • • ' `' \
M ,
Dike Detail
Water flow to dredged a
G

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COASTAL M
EXISTING SPOIL AREA I
(TO DE REPAIRED AND RECONDITIONED)
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N0I RELEA EO OR CONSTRUCTION f
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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of Sunset Beach/Jink's Creek Dredging Project
2. LOCATION OF PROJECT SITE: AIWW adjacent to Shoreline Dr. East, between Mary's
Creek and Turtle Creek, in Sunset Beach.
Photo Index - IM: Photo 192-18, N-O, 3-10 19-BA: Photo 8-68, O-Q, 7-14
1M Photo 2-17 N-O, 13-19
State Plane Coordinates - %: 2176600 Y: 55400
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11-27-95
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received -
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Sunset Beach
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, CW, ES
(C) Water Dependent: YES
(D) Intended Use: Private and commercial
(E) Wastewater Treatment: Existing - Residences and businesses have individual septic tank
systems
Planned - N/A
(F) Type of Structures: Existing - Private piers and docks
Planned - None
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
2.9 acres
Shallow bottom
(C) Other
15.6 acres
Spoil Area
(D) Total Area Disturbed: 18.5 acres
(E) Primary Nursery Area: YES
(F) Water Classification: SA Open: Closed
8. PROJECT SUMMARY: The riparian property owners adjacent to the AIWW, in the area
known as Jink's Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and Turtle Creek,
to provide boating access to their property.

Town of Sunset Beach/Jink's Creek Dredging Project
Page 2
This proposal has been determined to be the same as the application submitted and denied on March 11,
1996. However, the applicant failed to properly appeal the decision. The applicant now wishes to apply
for the permit again in order to establish their right to pursue a variance should the permit be denied
again. The project site, description, anticipated impacts, and recommendations were submitted in 1995
by Field Representative Ed Brooks. A site visit and subsequent review of this submitted application and
a review of the current rules and regulations regarding this type of development have led to the conclusion
that his review and recommendations are still applicable. I am in agreement with the original assessment
and recommendations given by Mr. Brooks. For that reason, I am submitting the applicable portions of
the field investigation report originally submitted by Mr. Brooks. Please be advised that the applicant
has submitted additional information with the current application which documents that the proposed area
was dredged before permitting was necessary. A sequence of photographs taken in 1949, 1956, 1966 and
1972 has been submitted which shows the area before and after dredging activity. The applicant was asked
to also submit information on the width and depth of the dredged channel in order to ensure that proposed
widths and depths would not exceed the original dimensions. However, that information was not made
available. The Division of Marine Fisheries has reported that they have been periodically sampling the
proposed dredge site since the submittal of the first application. They report findings that show the area
is still a highly productive Primary Nursery Area (PNA). They also reported catches that were very
similar in quantity and diversity as nearby PNAs that had no reported history of dredging activity.
The project site is on the north side of the Atlantic Intracoastal Waterway, adjacent to one existing
business and 24 private residences or residential lots, on Shoreline Drive East and Hickory and Stokes
Streets, in Sunset Beach, in Brunswick County, North Carolina. The property owners have petitioned the
Town of Sunset Beach, to apply for the necessary permits to dredge a channel, parallel to the waterway,
between Mary's Creek and Turtle Creek, to provide boating access to their property. The project area
consists of approximately a 30-acre area of coastal marsh and shallow bottom, with three creeks along
the shoreline. The creeks were originally natural drainage features from the adjacent upland area, but
none of them are now more than several hundred yards long and all of them dead end at elevated culverts
on either NC Hwy 179 or Shoreline Drive Fast. Mary's Creek, to the west, has previously been dredged
(State Permit #241-87) to access Bill's Seafood Market and Restaurant located at the comer of the above
referenced streets. Turtle Creek, on the east side of the project, was originally excavated to create a canal,
from Shoreline Dr. E. to the AIWW. Maintenance dredging, on the southern half of that channel, was
completed in 1987 (State Permit #73-87). Jink's Creek, located in the center of the project area is little
more than a marsh cove, with a narrow channel, 3-6 feet wide, running through the Smooth Cordgrass
(Spart'na ai ltern;flora) marsh. There is a border of Smooth Cordgrass along the entire length of the
proposed project's shoreline, ranging in width from 20 to 70 feet. At its transition to highground, this
regularly flooded wetland border is fringed with high marsh species, including; Saltwart (Salicomi spp.),
Sea Lavender aimQdum, spp.), Sea Oxeye (Borrichia frutescens), and Salt Meadow Grass (Spartina
matensl. Waterward of the shoreline's marsh fringe there is an unvegetated shallow water flat that is
basically dry at low water. The applicants report that a channel was dredged through this area prior to
1972, which is a contention they have documented from the submitted photographs. An island -like
expanse of Smooth Cordgrass marsh, 50 to 280 feet wide, separates this area from the open water of the
AIW W.

Town of Sunset Beach/Jink's Creek Dredging Project
Page 3
The waters in the project area are classified SA, by the NC Division of Environmental Management, and
are CLOSED to the harvest of shellfish. The area is designated as a Primary Nursery Area (PNA) by the
NC Division of Marine Fisheries. The Atlantic Intracoastal Waterway is approximately 500 feet wide at
this location.
The applicants propose to excavate an U-shaped channel from the AIW W at Mary's Creek, then parallel
to the shoreline through the shallow water flat, and return to (he waterway at Turtle Creek. The channel
would be 2875 feet long and 30 ft. wide, except it would expand to a 40 ft. width through the comers
where the channel turns parallel to the shoreline. The proposed depth is -8 feet at MLW. The applicants
predict that the side slope stabilization of the 30-40 feet box cut would produce a 55-65 feet top width
of the channel. The excavation would be done by hydraulic dredge, and the excavated material pumped
to an existing spoil disposal area located directly across the waterway. The diked disposal area is
approximately 1700 feet long and 400 feet wide.
� ._►Y_Y r V 1 1U1'
The proposed project would disturb approximately 127,125 square feet (2.9 acres) of shallow water
bottom in a Primary Nursery Area. There would be some short-term turbidity associated with the
dredging activity. Approximately 30,000 cubic yards of spoil material would be generated from the
channel excavation, and deposited over a 680,000 square feet (15.6 acres) highground disposal site.
Although the proposed channel has been aligned to avoid coastal marsh, if the projected top channel width
has been under estimated, several areas of the adjacent Smooth Cordgrass marsh may be impacted by
sloughing of the channel side slopes. The project would provide better boating access for twenty-four
private residences and one commercial business.
Submitted by: Jerry A. Parker Date: June 12, 1998 Office: Wilmington

Form DCM-MP-1
(To be completed by all applicants)
b. City, town, community or landmark
--�Sunset Beach
I. APPLICANT ® I`aH%71
a. Landowner: MAY 0 2 1997
N
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Name Public Trust r11\/1SION OF
COASTAL MANAGEtJENT
Address
City
Zip . Day Phone
Fax
b. Authorized Agent:
State
Street address or secondary road number
7-Sunhe.t RP_Jd.
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Jink's Creek
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Name Town of Sunset Beach a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Address 1Q9--�Sunh2.f Blvd. Maintenance dredging of the channel
in Jink's creek, as shown on the plans.
City. Sunset Beach State NC
Zip 28468 Day Phone [phone]
Fax [phone]
c. Project name (if any) Sunset Beach
Dredging Project
NOTE. Perndt will be issued in name of 1=ul . rft), and/or
pwjea name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
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? Public
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. Provide access to adiacent
property from waterway.

Form DCM-MP-1
4. LAND AND WATER
CRARACTERISTICS
in. Describe existing wastewater treatment facilities.
Not applicable
a. Size of entire tract Approx. 30 acres n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lots) Approx. 1.00 x-200' i^ q n wastewater, industrial/commercial effluent, 'wash
Ji_1u-•-��> ,) ,; �e�Q\ and residential discharges.)
c.Approximate-lelevation of tract abo 1�� or, Note applicable
it Il
MSL
MAY 02=1
d. Soil type(s) and textures of tract o Describe existing drinking water supply source.
() DIVISION Or O#�,annticable
Bohicket silty clay silty clay loam QQAR A.--'NA14AGE#
e. Vegetation on tract Marsh grass
f. Man-made features now on tract Piers and
docks.
g. What is the CAMA Land Use Plan land
classification of the site? (Conran ahe local rand =e PL—)
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
Residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Armda zoning mnp anu ee efaaare, ifopptimbte)
Has a professional
done for the tract?
If yes, by whom?
archaeological assessment been
Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
If yes, has a delineation been conducted? yes
(Anach domannaaaion, if avatable)
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
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 cant' out the project.
• An accurate, dated work plat (including plan view
and cross -sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white 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
prints 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 unfamiliar with the area to the

Form DCM-MP-1
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.
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
tliV4iplication. 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.
Name See Attached L th � r rtify that I am authorized to grant, and do in fact,
Address VIR permission to representatives of state and federal
Phone I M reyie agencies to enter on the aforementioned lands in
d'connection with evaluating information. related to this
Name MAY 02 ?997 pe nut application and follow-up monitoring of the
Address nwrc /�,J 0 F Project.
Phone GQARrAJ MANAGEMENT
I further certify that the information provided in this
Name application is truthful to the best of my knowledge.
Address
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Maps encCohed .ind.ieat.ing oa.i.g.inat
d1LCdy;EFLg done by SLz11111—
in
Lakeh, Inc.; Ea.at entaaace to cheek
t
Joe Peed.
• 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 Act (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.
This is the 15 day of A px.c2 , 19 9 7 .
Print Name Linda Utteget
��
Signature � �=-�
lmdowner or Authorized Agent
entkance to cheek-octobet 1, 1989by
Please indicate attachments pertaining to your proposed
project.
x DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM W-4
Structures Information
_ DCM MP-5
Bridges and Culverts
_ DCM W-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

Form DCM-MP-2
EXCAVATIO -AND IL �" Y 2 .097 J .
(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-
Awrage Fiaal
Existing Project
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shotcline
stnbilirntion)
DIVISI:
COASTAL 1A NAGE�vs. iyt
I- EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards approx, 30,000
b. Type of material. to be excavated c; I t.v c-i am
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? -I-- Yes _ No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAI.
a. Location of disposal area Across Intracoastal
Waterway from project site
b. Dimensions of disposal area approx. 1700' x
400, x 2.5'
C. Do you claim title to disposal area?
Yes X No
If no, -attach a letter granting permission from the
owner.
d. Will .a disposal area be available for future
maintenance? X Yes _ No
If yes, where? Same Location

Form DCM-MP-2
e. Does. the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION N / A
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
d. Maximum distance waterward of MHW or NWL
IJ�� will excavated or fil�mater�'al be kepthon site
e. Shoreline erosion during przceding l� nths landlerosipn controlled? po c ahea ah a
�) V 5' dike a)tound the enttke Rhea.
`,5A C2 1997
(Source of informadon)
f. Type of bulkhead or riprap materialgOASTAL VttANAGEME``
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
L Source of fill material
4. OTHER FILL ACTIVITIES N / A
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Nudnaukie Dredge
c. Will wetlands be cr3ssed in transporting equipment
to project site? _ Yes _x No
If yes, explain steps that will be taken to lessen
environmental impacts.
Town oA Sunzet Beach
Applicant r Project Name
D P�
Signature
-phit 15, 1997
Date
Revised 03195

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5' of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the -Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Fluegel, Administratdr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits:.!
II
DIV

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water' front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M.-C. Gore according to a map which appears of record in Book
•5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and_Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet. —�-
We the undersigned request that Linda Pluegel, Administratqr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits;
/ LOT ADDRESS
� I >I 7/_ 6'7A) cs 0 2 r_ .
-
niviov,,:.:,c=
COASTAL MANAGEMENT
, Cln.z

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water' front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and_Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet. --�-
We the undersigned request that Linda Fluegel, Administratgr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits;,/
NAME (6Z� k) I
✓vi.n 9 _ s
LOT
ADDRESS
i® a1111�
-n-i0 c om'HV11-0
IV[ Ay U 1,
COASTAL MH�a��tr�E[yT

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water' front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a -map which appears of record in Book
5' of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Pluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits..i
NAME LOT ADDRESS DATE
N
10-1
�I
2 -T M1
P;+1 111 Y a 997
COASTAL MANAGEAENT

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at�Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Fluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits:!
NAMR LOT ADDRESS DATE
_17y-
COASTAL MANAGEMENT

60, AY Q 2 997 a —2i
L)IV(Slu". Or
COASTAL MANAGEMENT
Division of Coastal Management
Jerry Parker
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Dear Mr. Parker:
The property owners of Sunset Beach, adjacent to Jink's River are filing a permit to dredge Jink's
River. It is my understanding that they are in need of a dredge spoil area.
By this letter, I am giving permission for the property owners to use the spoil area that was used
for the dredging project for Joe Peed dredging project. The area is located across the Intercoastal
Waterway from the Jink's Creek project. I have enclosed a copy of a map indicating the area.
Sincerely,
E ward M. Gore, Sr.
Sunset Beach & Twin Lakes, Inc.
Enc.

M H W j4 3.5 feet
bottom
Proposed channel bottom -6 feet MLW -....
Cross Section of channel
Proposed Maintenance of Jinks Creek
Dike Detail and
Cross Section of Channel
Copy From Permit 12/11/85
Number 211-85
Town of Sunset Beach
220 Shoreline Drive West
Sunset Beach, NC 28459
DSA NC-3820 2/20/1995
Town of Sunset Beach
Water flow to dredged a
Application to Dredge Canals AJB,C,,&D
L i. SpI lWay
Spoil Area • ' ' ' \ 6 �
Dike Detail

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CONSULTING ENGINEERS
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HOUSTON AND ASSOCIATES, P.A.
CONSULTING ENGINEERS
„t c:... a..., n. 9 f917 9Mlklt.. Ham C id 2M" (910) )Sr-6]94
.INKS CREEK DREDGING PLAN
TOWN OF SUNSET BEACH

Town of Sunset Beach/Jink's Creek Dredging Project
Pase 2
This proposal has been determined to be the same as the application submitted and denied on March 11,
1996. However, the applicant failed to properly appeal the decision. The applicant now wishes to apply
for the permit again in order to establish their right to pursue a variance should the permit be denied
again. The project site, description, anticipated impacts, and recommendations were submitted in 1995
by Field Representative Ed Brooks. A site visit and subsequgnt review of this submitted application and
a review of the current Hiles and regulations regarding this type of development have led to the conclusion
that his review and recommendations are still applicable. I am in agreement with the original assessment
and recommendations given by Mr. Brooks. For that reason, I am submitting the applicable portions of
the field investigation report originally submitted by Mr. Brooks. Please be advised that the applicant
has submitted additional information with the current application which documents that the proposed area
was dredged before permitting was necessary. A sequence of photographs taken. in 1949, 1956, 1966 and
1972 has been submitted which shows the area before and after dredging activity. The applicant was asked
to also submit information on the width and depth of the dredged channel in order to ensure that proposed
widths and depths would not exceed the original dimensions. However, that information was not made
available. The Division of Marine Fisheries has reported that they have been periodically sampling the
proposed dredge site since the submittal of the first application. They report findings .that show the area
is still a highly productive Primary Nursery Area (PNA). They also reported catches that were very
similar in quantity and diversity as nearby PNAs that had no reported history of dredging activity.
The project site is on the north side of the Atlantic Intracoastal Waterway, adjacent to one existing
business and 24 private residences or residential lots, on Shoreline Drive East and Hickory and Stokes
Streets, in Sunset Beach, in Brunswick County, North Carolina. The property owners have petitioned the
Town of Sunset Beach, to apply for the necessary permits to dredge a channel, parallel to the waterway,
between Mary's Creek and Turtle Creek, to provide boating access to their property. The project area
consists of approximately a 30-acre area of coastal marsh and shallow bottom, with three creeks along
the shorelin6. The creeks were originally natural drainage features from the adjacent upland area, but
none of them are now more than several hundred yards long and all of them dead end at elevated culverts
on either NC Hwy 179 or Shoreline Drive East. Mary's Creek, to the west, has previously been dredged
(State Permit #241-87) to access Bill's Seafood Market and Restaurant located at the corner of the above
referenced streets. Turtle Creek, on the east side of the project, was originally excavated to create a canal,
from Shoreline Dr. E. to the AIWW. Maintenance dredging, on the southern half of that channel, was
completed in 1987 (State Permit #73-87). Jink's Creek, located in the center of the project area is little
more than a marsh cove, with a narrow channel, 3-6 feet wide, running through the Smooth Cordgrass
(Spartina altemitlora) marsh. There is a border of Smooth Cordgrass along the entire length of the
proposed project's shoreline, ranging in width from 20 to 70 feet. At its transition to highground, this
regularly flooded wetland border is fringed with high marsh species, including; Saltwart ( l�aico mia spp.),
Sea Lavender (Limonium, spp.), Sea Oxeye (Borrichia frutescens), and Salt Meadow Grass (Spartina
patens). Waterward of the shoreline's marsh fringe there is an unvegetated shallow water flat that is
basically dry at low water. The applicants report that a channel was dredged through this area prior to
1972, which is a contention they have documented from the submitted photographs. An island -like
expanse of Smooth Cordgrass marsh, 50 to 280 feet wide, separates this area from the open water of the
AIW W.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of Sunset Beach/7ink's Creek Dredging Project
2. LOCATION OF PROJECT SITE: AIWW adjacent to Shoreline Dr. East, between Mary's
Creek and Turtle Creek, in Sunset Beach.
Photo Index - IM: Photo 192-18, N-O, 3-10 12BA: Photo 8-68, O-Q, 7-14
IM Photo 2-17 N-O, 13-19
State Plane Coordinates - A: 2176600 Y: 55400
3. INVESTIGATION TYPE: CAMA & D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 11-27-95
Was Applicant Present - YES
5. PROCESSING PROCEDURE: Application Received -
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Sunset Beach
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, CW, ES
(C) Water Dependent: YES
(D) Intended Use: Private and commercial
(E) Wastewater Treatment: Existing - Residences and businesses have individual septic tank
systems
Planned - N/A
(F) Type of Structures: Existing - Private piers and docks
Planned -None
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED QTHaR_
(A) Vegetated Wetlands
(B) Non -Vegetated Wetlands
2.9 acres
Shallow bottom
(C) Other
15.6 acres
Spoil Area
(D) Total Area Disturbed: 18.5 acres
(E) Primary Nursery Area: YES
(F) Water Classification: SA Open: Closed
8. PROJECT SUMMARY: The riparian property owners adjacent to the AIWW, in the area
known as 7ink's Creek, have petitioned the Town of Sunset Beach, to apply for the necessary
permits to dredge a channel, parallel to the waterway, between Mary's Creek and Turtle Creek,
to provide boating access to their property.

Form DCM-MP-1
(I'o be completed by all applicants)
b. City, town, community or landmark
- Sunset Beach
I. APPLICANT : , � j ;,
IIJ�I
a. Landowner: �� ;IiiAY 0 2 1997
C.
Street address or secondary road number
TQT' Sunee# S Pv'd
Public Trust f1tV;Sl(}I� OF d. Is proposed work within city limits or planning
Name FN I Jurisdiction? X Yes No
COASTAL MAWAGENi—
Address
City
Zip . Day Phone
Fax
b. Authorized Agent:
State
Name Town of Sunset Beach
Address 70a�Sunhe.i Btvd.
City
Sunset Beach
State NC
Zip 28468 Day Phone [phone]
Fax [phone]
c. Project name (if any) Sunset Beach
Dredging Project
NOTE: Permit wiU be its ed in name of Lando r(tJ, and/or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Jink's Creek
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.
Maintenance dredging of the channel
in Jink's creek, as shown on the plans.
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? Public
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. Provide access to adiacent
property from waterway.

Town of Sunset Beach/Jink's Creek Dredging Project
Page 3
The waters in the project area are classified SA, by the NC Division of Environmental Management, and
are CLOSED to the harvest of shellfish. The area is designated as a Primary Nursery Area (PNA) by the
NC Division of Marine Fisheries. The Atlantic Intracoastal Waterway is approximately 500 feet wide at
this location.
The applicants propose to excavate an U-shaped channel from the AIW W at Mary's Creek, then parallel
to the shoreline through the shallow water flat, and return tome waterway at Turtle Creek. The channel
would be 2875 feet long and 30 ft. wide, except it would expand to a 40 ft. width through the corners
where the channel turns parallel to the shoreline. The proposed depth is -8 feet at MLW. The applicants
predict that the side slope stabilization of the 30-40 feet box cut would produce a 55-65 feet top width
of the channel. The excavation would be done by hydraulic dredge, and the excavated material pumped
to an existing spoil disposal area located directly across the waterway. The diked disposal area is
approximately 1700 feet long and 400 feet wide.
�_►MY_ 1' ._ _Y_ 1 IUI' a��11Ky
The proposed project would disturb approximately 127,125 square feet (2.9 acres) of shallow water
bottom in a Primary Nursery Area. There would be some short-term turbidity associated with the
dredging activity. Approximately 30,000 cubic yards of spoil material would be generated from the
channel excavation, and deposited over a 680,000 square feet (15.6 acres) highground disposal site.
Although the proposed channel has been aligned to avoid coastal marsh, if the projected top channel width
has been under estimated, several areas of the adjacent Smooth Cordgrass marsh may be impacted by
sloughing of the channel side slopes. The project would provide better boating access for twenty-four
private residences and one commercial business.
Submitted by: Jerry A. Parker Date: June 12, 1998 Office: Wilmington

Form DCM-NIP-1
4. LAND AND WATER
CHARACTERISTICS
m. Describe existing wastewater treatment facilities.
Not applicable
a. Size of entire tract Approx 10 arras n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) �A Prox• lAtl: x-200'� Wastewater, industrial/cornmercial effluent, 'wash
7�TCCvj and residential discharges-)
c. Approximate elevation of tract abov MHw or Noy ! applicable
NWL -1 MSL IIn I I 11
iYIAY 0 2 1997 '
() DIVISION 0, Describe existing drinking water supply source.
d. Soil type(s) and textures of tract t Or
Bohicket silty clay loam nn A oz-A I ,. otz applicabt e -
-�-<c�,—v1AIdAG EN, � •
e. Vegetation on tract Marsh grass
f. Man-made features now on tract Piers and
docks.
g. What is the CAMA Land Use Plan land
classification of the site? (C.onrarr du toast Lane are plan.l
Conservation Transitional
Developed X Community
Rural Other
h. How is the tract zoned by local government?
Residential
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(drroch zoning MINPZance urrifiaue, ifapPGmble)
Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes X No
Are there wetlands on the site? X Yes _ No
Coastal (marsh) X Other
If yes, has a delineation been conducted? Yes
(teach locumn+adon, ifawilabla)
5. ADDMONAL INFORMATION
In addition to the completed application form, the
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
ink on an 8 12" by II" white 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
prints 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 unfamiliar with the area to the

Form'DCM-MP-1
site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
• A Stormwater Certification, if one is necessary.
J
• 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.
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'Vplication. 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.
Name See Attached Lih n r rtify that I am authorized to grant, and do in fact,
Address I I I I `' 1"� �% gran permission to representatives of state and federal
Phone I n1 re agencies agencies to enter on the aforementioned lands in
CL�lJ MAY C 2, ?gg7 section with evaluating information. related to this
Name permit application and follow-up monitoring of the
Address DPII V "' C)F project.
Phone Ca)ARIA1 LAA.. AGEMENT
I further certify that the information provided in this
Name Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
Map,s enctohed indicating oai�.inat
in
Lakeh, Inc.; East entnaace to meek
t
Joe'Peed.
• 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 Act (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.
This is the 15 day of A pnit , 19 917 .
Print Name Linda Ftueget
Signature L —
Lw,dax' r or Authorized Agee
entrance to cheek-octoben 1, 1989by
Please indicate attachments pertaining to your proposed
project.
X_ DCM MP-2
Excavation and Fill Information
_ DCM MP-3
Upland Development
_ DCM MP-4
Structures Information
_ DCM MP-5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.
Revised 03195

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach - Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
-5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the -Intracoastal Waterway from
Tubbs Inlet. �-
We the undersigned request that Linda Fluegel, Administrator, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits:
DVVIS� , GE1`�`�t
GASTAL MAN^
0
1

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The' creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
.Lakes of M. C. Gore according to a map which appears of record in Book
5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet. �.-
We the undersigned request that Linda Pluegel, Administratgr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits;)
NAME LOT ADDRESS DATE
.l /��-)J1­ S 1 p z,) .- Vie,' N" Fd, 'Yel',
COASTAL MANAGEMENT

Form DCM-MP-2
VAT 10
.AND `ILL �
Y C. ;gy7 -
(Except bridges and culverts) COASTAL iJAHAGEtJ:E_NT
Attach this.form to Joint Application for CAMA Major
Permit, Form DCM-MP-I. Bc.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.
Average Fuel
Esssdag PrqJect
Access
channel
(MLW) or (NWL)
Canal
Boat
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shorclisK
slabil'vation)
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards approx. 30,000
b. Type of material. to be excavated Iry c av
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(sAVs) or other wetlands? % Yes _ No
d. Highground excavation in cubic yards 0
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area Across Intl'acoastai
Waterway from project site
b. Dimensions of disposal area approx. 1700' x
400' x 2.5'
c. Do you claim title to disposal area?
Yes X No
if no, -attach a letter granting permission from the
owner.
d. Will .a disposal area be available for future -
maintenance? X Yes _ No
if yes, where? Same Location

Form DCM-TMP-2
e. Does.the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION N / A
a. Type of shoreline stabiaafion
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
C�
e.
f.
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(I) Dimensions of fill area
(2) Purpose of fill
5. GENERAL
Maximum distance waterward of MHW or NWL
will excavated or fil�mater al be kept a- site
Shoreline erosion during preceding � `l� nths ,. �andferosipn controlled? p o c as ea as a
fir\ + ,o� V.5 d.cke anoun e en .cne an.ea.
�.,y7
(Source of information)
{7r•1 i S i )'.'A V r
TVDe of bulkhead or rivrap materia!DOASTAL MAidAG-M0"
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 N / A
. (Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes No
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Hudtau2ie DAedge
c. Will wetlands be cr5ssed in transporting equipment
to project site? _ Yes _ r No
If yes, explain steps that will be taken to lessen
environmental impacts.
Town of Sunae.t Beach
Applicant r Project N e
Signature V
Revised 03195

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
5' of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the. Intracoastal Waterway from
Tubbs Inlet.
We the undersigned request that Linda Fluegel, Administratqr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits.,/
NAME LOT ADDRESS DATE
l0if N
10
COASTAL MANAGEMENT

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick .County, North Carolina,
Town of Sunset Beach - Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
-5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and_Stokes Drive off of Sunset
Boulevard, Highway 179, and across the Intracoastal Waterway from
Tubbs Inlet. --�-
We the undersigned request that Linda Fluegel, Administratgr, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits.
NAME «.iv^) 1
-An n l s _ 57
LOT
ADDRESS
19b 1"
COASTAL MAEVH:it�`AE

A
i _
/� M H W f 3.5 feet
' Existing bottom
I
Proposed channel bottom -6 feet HLW
Cross Section of channel
Proposed Maintenance of
Dike Detail and
Cross Section of Channel
Copy From Permit 12/11/8`.
Number 211-85
Town of Sunset Beach
220 Shoreline Drive West
Sunset Beach, NO 28459
DSA NC-3820 2/20/1995
Town of Sunset Beach
Water flow to dredged a
Application to Dredge Canals A$B,C,GD
u i aa pipe —
Spoil Area •
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OIVIS!u�r OF
COASTAL PAANAGEMENT
Division of Coastal Management
Jerry Parker
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Dear Mr. Parker
The property owners of Sunset Beach, adjacent to Jink's River are filing a permit to dredge Jink's
River. It is my understanding that they are in need of a dredge spoil area.
By this letter, I am giving permission for the property owners to use the spoil area that was used
for the dredging project for Joe Peed dredging project. The area is located across the Intercoastal
Waterway from the Jink's Creek project. I have enclosed a copy of a map indicating the area.
Sincerely, �7 p
E dM. Gore, Sr.
Sunset Beach & Twin Lakes, Inc.
Enc.

PETITION TO DREDGE
In order to maintain the economical value of lots located below as
water front property, it is necessary to redredge the creek that
fronts the lots to provide navigable water at low tide.
The creek and lots are located at Brunswick County, North Carolina,
Town of Sunset Beach — Eastern Section "B" of the revised plan of Twin
Lakes of M. C. Gore according to a map which appears of record in Book
.5 of Maps at page 124 Brunswick Registry. The lots are on Shore Line
Drive East between Hickory Street and Stokes Drive off of Sunset
Boulevard, Highway 179, and across the -Intracoastal Waterway from
Tubbs Inlet. —.�—
We the undersigned request that Linda Fluegel, Administrat r, Town of
Sunset Beach, N.C., pursue obtaining the necessary permits;)
LOT
ADDRESS
DATE
COASTAL MANAGEMENT

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07/02/1997 11:31 9105791840
-2-
191 Print your name and telephone number. Linda Ftuegmt
[phone]
1101 Your signature:
♦w+�r�r*wrwwwwwwww+w�►«wwwwtwwwwwwwwwwwwrwwwwwwwwwwwwwwwww*srwwrrwaw**W+wwwarww
(You must mail or deliver a Qff to the State Agencies named below)
I certify that a copy of this Petition has been served on each of the following State
Agencies by depositing a copy of it with the United States Postal Service with sufficient postage
OR by delivering it to the named agencies,
Director, Division of Coastal Management, P. 0. Box 276870 Raleigh, NC 27611-7687
Attorney General's Office, Environmental Section, P.O. Box 629, Raleigh, NC 27602
1121 This the, 2 n d day of
1131
1991
When you have completed this form, you MUST mail or deliver the OMCI L and one
COPY to the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447.
To"D
AUC 0 c. 1997
o)v)biuM oG
COASTAL MANAGEMENT
DCM FORM 1
REVISED FEBRUARY 23, 1993
DCM FORM 5

r.
James B. Hunt, Governor
Jonathan 13. Howes, Secretary
Aug 6 '97 16:58
8-9197166767
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
FAX COVER SHEET
DATE: NO. OF
TO: 6JOlVQ !'F fir- LGr l�l
CO: p� CO: Q -�
FAX#: Icy I� ' FAX#•
REMARKS:
17.7 Cudiml Drive Fw*mion, Wilmin4wn, N.C. 21465-3845 • Telepho0e [phone] a Fax [phone]
An EgtW OPPorluNty AfCi"&a Action isroployer

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Certified Mail
Return Receipt Requested
Ms. Linda Fluegel
Town Administrator
Town of Sunset Beach
220 Shoreline Drive West
Sunset Beach, North Carolina
Dear Linda:
1DEHNFR
June 11,1997
r,01317T,�D
AUG 121997
DIVISION OF
28459COASTAL MANAGEIAENT
JUN201:=/
'•The Division of Coastal Management has received your latest application to excavate a new
channel in Jinks Creek, Sunset Beach. We have determined that this proposal is the same as
the one denied by the Division of Coastal Management in a letter to you dated March 11, 1996.
The March 11, 1996 decision was a final decision and your right of appeal has been exhausted.
Because conditions at the site have not changed and there have been no changes in the rules
,under which the earlier project was reviewed and denied, we will not process your latest
application.
`The decision to withhold processing of your application should be considered a final agency
decision that can be appealed if a petition for a hearing is filed with the Office of Administrative
Hearings within 20 days of receipt of this notice. Please feel free to contact me at any time if
you need to discuss our decision.
Sincerely,
P t P
res on . Pate, Jr.
Assistant Director
cc: Roger Schecter
Bob Stroud
Mary Dee Carraway
Robin Smith
.90
SAW
Opporhmlfy / Affirmative Action Employer
Hestron Plaza II. 151 B, Highway 24. Morehead City NC 28557 m N`r C An Equal Voice919-808-2808 FAX[phone] Courier11-12-09 50%recycled /10% postconsrmier paper

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�udtit ( 11
MICHAEL F. EASLEY
AT ORNEY GENERAL
TReply
David G. Heeter:
Environmental Section
State of North Carolina
Telephone [phone]
FAX: [phone]
Department of Justice
P. O. BOX 62S)
,
RAI-EIGH
2 7 602-062c)
TM
Honorable Julian Mann III
Chief Administrative Law Judge
Office of Administrative Hearings
Post Office Drawer 27447
Raleigh, North Carolina 27611-7447
August 11, 1997 AUG 12 1 O
997
SION OF
COASTAL1MA14AGEMENT
RE: Agency Action in Town of Sunset Beach, v. Division of Coastal
Management, Brunswick County, 97 EHR 0768
Dear Judge Mann:
Enclosed is a copy of the document constituting agency action which, to the best of my
knowledge, caused the filing of the Petition in the above referenced matter.
Please note my appearance as counsel for the Respondent.
DH/sd
Enclosure
Very truly yours,
David G. Heeter
Assistant Attorney General
cc: Linda F
Roger S
Preston
Parker

3
CERTIFICATE OF SERVICE
This is to certify that I have served the foregoing Respondent's Prehearing Statements on
the Petitioner by causing a copy thereof to be deposited in the U.S. Postal Service with sufficient
postage for delivery by first class mail and addressed as follows:
Linda Fluegel, Town Manager
Town of Sunset Beach
700 Sunset Boulevard
Sunset Beach, NC 28468
This the I f(c A. day of August, 1997.
WW-
David G. Heeter
Assistant Attorney General
N.C. Department of Justice
Environmental Division
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
ep/18529

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
Certified Mail
Return Receipt Requested
Ms. Linda Fluegel
Town Administrator
Town of Sunset Beach
220 Shoreline Drive West
Sunset Beach, North Carolina 28459
Dear Linda:
A4101
: •
,��
DEHNR
June 11, 1997 D �
D
JUN 2 0 1997
DiviSION OF
COASTAL MANAGEMENT
The Division of Coastal Management has received your latest application to excavate a new
channel in Jinks Creek, Sunset Beach. We have determined that this proposal is the same as
the one denied by the Division of Coastal Management in a letter to you dated March 11, 1996.
The March 11, 1996 decision was a final decision and your right of appeal has been exhausted.
Because conditions at the site have not changed and there have been no' changes in the rules
under which the earlier project was reviewed and denied, we will not process your latest
application.
The decision to withhold processing of your application should be considered a final agency
decision that can be appealed if a petition for a hearing is filed with the Office of Administrative
Hearings within 20 days of receipt of this notice. Please feel free to contact me at anytime if
you need to discuss our decision.
Sincerely,
Preston P. Pate, Jr.
Assistant Director
cc: Roger Schecter
Bob Stroud
Mary Dee Carraway
Robin Smith
Hestron Plaza 11,151 B. Highway 24, Morehead City NC 28557 l� Tof V An Equal Opportunity / Affirmative Action Employer
Voice 919-808-2808 FAX 919-'247-3330 Courier 11-12- 09 50% recycled / 10% post -consumer paper

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Division of Coastal Management
Application Processing Notes
Applicant:
Deadline:
Date/Time: Message: R
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Division of Coastal Management
Application Processing Notes
Applicant: Surs -( ReP-r,4 - • ^ k, CAIJ
Deadline:
Date/Time: Message:
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Town of Sunset Beach
Page 2
September 25, 1998
3) The proposed project will alter or eliminate approximately 2.9 acres of primary nursery area
and shallow water fisheries habitat. Primary nursery areas serve an important nursery function
for fish and shrimp, which in turn supports commercial and recreational fishing.
4) During the course of the permit application review, the U.S. Environmental Protection
Agency, the National Marine Fisheries Service, the N.C. Division of Marine Fisheries, the
N.C. Division of Coastal Management, the NC Wildlife Resources Commission, and the N.C.
Division of Water Quality all objected to the project or recommended that authorization for
the proposed development not be granted. These objections and recommendations for denial
were based upon the anticipated significant environmental impacts associated with the loss
of 2.9 acres of highly functional PNA habitat.,
5) In a July 23, 1998 letter to you from the N.C. Division of Water Quality (DWQ), it was stated
that the proposed project would remove or degrade significant water quality uses, which
would result in a violation of State water quality standards. In addition, it is noted that the
Division of Water Quality has not yet received a response from you concerning project need
and design. Therefore, a Water Quality Certification has not been acted upon, and the DWQ
has informed this office that their record on this project is officially closed, a fact which
prevents this office from taking a favorable action on the application.
6) The failure to obtain a Water Quality Certification has also led the U.S. Army Corps of
Engineers to deny without prejudice on September 22, 1998 the Federal authorization for the
proposed dredging project, under the authority granted by Section 10 of the Rivers and
Harbor Act. The Corps of Engineers further stated in their denial letter that regardless of the
denial without prejudice, serious resource agency concerns exist relative to the proposed
project.
7) Based upon the finding that the proposed project would eliminate or degrade significant water
quality uses, which would also violate State water quality and antidegradation standards, the
proposed project has been determined to be inconsistent with the following rules of the
Coastal Resources Commission:
NCAC T15A:07RO601, which states "No development shall be allowed in any AEC which
would result in a contravention or violation of any rules, regulations, or laws of the State of
North Carolina or of the local government in which the development takes place";
T15A:07H:0208(a)(2)(C), which states that before being granted a permit by the CRC or
local permitting authority, there shall be a finding that the proposed project will not violate
water and air quality standards; and
NCAC T15A.07H.0207(d), which states that projects within public trust waters of the State

'iagei
la NORTH CAROLINA DEPARTMEr,
ENVIRONMENT AND NATURAL RESOD,
DIVISION OF COASTAL MANAGEI
September 25, 1998
rVGP1K CERTIFIED MAIL
' Return Receipt Rested
3 B. HUNTJR:-
RNOR Town of Sunset Beach
' ATTN: Ms. Linda Fluegel
220 Shoreline Drive West
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is in response to your application request under the Coastal Area
DONNA D. MccrlTr Mal
Management Act (CAMA) and the State Dredge and Fill Law to excavate approximately
_?'•.DIRECT Rr-.......,2.9 acres of shallow bottom habitat of Jink s, Marys and Turtle Creeks in Sunset Beach.
Processing of the application, which was accepted on May 8, 1998, and for which notice
of extended review was given on July 20, 1998, is now complete. This is the same project
that was submitted to the Division in 1995, and which was denied on March 11, 1996,
although additional information was provided with the new permit application.
Based on the joint State and Federal agency review, the Division of Coastal
' Management has made the following findings:
1) The project alignment is located within a primary nursery area (PNA), so
designated by the Marine Fisheries Commission to afford such areas special
protection.
2) Photographic evidence provided with the permit application does indicate that a
new U-shaped channel was dredged in the project area in the mid 1960's.
Maintenance excavation to six feet below mean low water (MEW), as opposed to
the eight feet below NEW now proposed, appears to have been carved out for
Mary's Creek and Turtle Creek in 1987, but no evidence of any maintenance
dredging has been located or provided for the connector channel. Based upon
evidence supplied by the N.C. Division of Marine Fisheries, the N.C. Wildlife
Resources Commission and the National Marine Fisheries Service, it has been
determined that the proposed connector channel has reverted to a natural state,
and is a fully functional primary nursery area. Therefore, the Division has
determined that the proposed project constitutes a new dredging activity, and not
maintenance of an existing channel for the purposes of maintaining a traditional
and established use.
MOREHEAD CITY OFFICE
HESTRON PLAZA II 131-8 HIGHWAY 24 MOREHEAD CITY NC28537
PHONZ252-806-2808 FA% 232-24T-3330
AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POET -CONSUMER PAPER

-"TAT
Mr. David Kanoy
310 Stokes Drive
Sunset Beach, NC 28468
Dear David,
May 14, 1997
JUN 04 1997
DIVISION OF
COASTAL MA14AGEMENT
This letter is to inform you that the Town of Sunset Beach has applied for a CAMA permit to dredge
along the waterway adjacent to property on Shoreline Drive East. A location map is enclosed for a better
description of the area. CAMA regulations require me to notify you of the Town's intentions. I have
enclosed a copy of the permit application of the proposed project.
If you have any comments on the proposed project, please contact me.
Please sign the bottom of this letter and return it to me.
Sincerely,
Linda Fluegel,
Administrator
✓ I do not halve any objections to the proposed dredging project.
I do have objections to the proposed dredging project. The following is my objections.
w i, 6
Enc: (2)
LF/cb
Date
600 Pineview Drive • Sunset Beach, NC 28468
Telephone [phone] • 910-579-3808 • FAX [phone]

,SI'NT
Mr. Edward M. Gore, Sr.
502 Main Street -West
Sunset Beach, NC 28468
Dear Ed,
May 14, 1997
(CLqH77� r
JUN 04 1997 U
DIVIbiON OF
COASTAL MA14AGEMENT
This letter is to inform you that the Town of Sunset Beach has applied for a CAMA permit to dredge
along the waterway adjacent to property on Shoreline Drive East. A location map is enclosed for a better
description of the area. CAMA regulations require me to notify you of the Town's intentions. I have
enclosed a copy of the permit application of the proposed project.
If you have any comments on the proposed project, please contact me.
Please sign the bottom of this letter and return it to me.
!/ I do not have any objections to the proposed dredging project.
Enc: (2)
LF/cb
Sincerely,
Linda Fluegel,
Administrator
I do have objections to the proposed dredging project. The following is my objections.
%/Date
600 Pineview Drive • Sunset Beach, NC 28468
Telephone [phone] • 910-579-3808 • FAX [phone]

*State of North Carolina.
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
May 12, 1997
CERTEFIED MAIL P 057 082 506
RETURN RECEIPT REQUESTED
Attention: Linda Fluegel
Town of Sunset Beach
600 Pineview Drive
Sunset Beach, NC 28468
Dear Ms. Fluegel:
We received your CAMA Major Permit Application for a pier and dock on Nancy's Creek on
May 2, 1997. However, processing has not begun due to the application being incomplete. The
attached checklist highlights the deficiencies of your application. Your application cannot be accepted
as complete for processing until the additional information is submitted to this office. Additional
information may be required pending further review by the fifteen (15) review agencies.
If you have any questions, please feel free to call me at my Wilmington office [phone].
Sincerelyy,'
ZAParker
Coastal Representative
jap/ek
Attachments
cc: C. Robert Stroud, District Manager
File Copy
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

S
f
CHECKLIST OF ADDITIONAL INFORMATION NECESSARY FOR PROCESSING APPLICATION
1) Scaled plat and profile view of the spoil disposal site showing dimensions, depth and exact location.
2) Scaled plat and profile view of proposed dredge area showing width, length and depth of proposed
dredging.
3) If bluelines or plats larger than 8 1\2 by 11 inches are submitted, then the Division will need 26 copies
of each.
4) Although processing of the application can begin with submittal of the signatures of the adjacent riparian
owners' signatures, the Division will need the Proof of Receipt (green cards) from both adjacent riparian
neighbors before the permit will be issued.

lie
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF COASTAL MANAGEMENT
July 20, 1998
Town of Sunset Beach
c/o Linda Fluegel
220 Shoreline Dive
Sunset Beach, NC 28468
Dear Ms. Fluegel:
This letter is with reference to your application for a Coastal Area Management
Act Major Development permit to add two additional slips and two additional access
piers to an existing dock on property located at 237 Bayview Blvd., in Atlantic Beach,
in Carteret County. Although processing of the application is nearing completion,
additional time is needed for this office to complete the review and make a decision on
your request. Therefore, it is necessary that the standard review time be extended. An
additional 75 days is provided by G.S. 113A-122(c) which would make September 27,
1998 the new deadline for reaching a decision on your request. However, we expect to
take action prior to that time and will do so as soon as possible. In the interim, if you
have any question on the status of your application, do not hesitate to contact this office.
Very sincerely,
Doug Huggett
Asst. Permits Processing Manager
DH/aw
cc: Ed Brooks
DCM--Wilmington
P.O. BOX 27687, RALEIGH, NC 27611-76B7 /2726 CAPITAL BLVO., RALEIGH, NC 27604
PHONE [phone] FAX[phone]
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER -SO% RECYCLED/109o' POST -CONSUMER PAPER

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne Mc Devitt, Secretary
Roger N. Schecter, Director
June 12, 1998
Town of Sunset Beach
c/o I.inda Pluegel
220 Shoreline Dr.
Sunset Beach, NC 28468
T
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Dear Ms. Fluegel:
The Division of Coastal Management hereby acknowledges receipt of your application for State
approval for development of property located along the Atlantic Intracoastal Waterway, adjacent to
Shoreline Dr. East, in Sunset Beach, NC, in Brunswick County. It was received on May 2, 1997, but
was refused processing due to the project having been denied previously. On October 29, 1997, it was
agreed to process the application as a condition of Voluntary Dismissal of the Contested Case Hearing
scheduled for November 10, 1997. However, a request was made by the Division for additional
information which the applicant agreed to try to obtain. On May 8, 1998, the Division was informed that
the applicant would not be submitting the additional information and desired for the processing of the
application to begin as submitted. The projected deadline for making a decision is July 21, 1998. 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.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed
development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the
property of your proposed development. You should post this notice at a conspicuous point along your
property where it can be observed from a public road. Some examples would be: Nailing the notice card
to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could
result in an incomplete application.
A field report has been prepared and is in the process of being circulated to the various state and
federal review agencies for their comments. If additional information is required based on this review,
the agencies may contact you directly.
cc: John Parker
C. Robert Stroud
Allen Davis, COE
,S}ncerelyA�
((Jerry A. Parker
Coastal Field Representative
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

r(7 T D
JUN 0 4 1997
Div16RUN OF
COASTAL MANAGEMENT
June 3, 1997
Division of Coastal Management
Jerry Parker, Coastal Rep.
127 Cardinal Dr. Ext.
Wilmington, N. C. 28405-3845
Re: link's Creek Dredging Application
Dear Jerry:
Please find enclosed twenty-five (25) copies of maps and the signature's of adjacent property
owners to this project per your written request of May 12, 1997.
If you need additional information please feel free to contact me.
Sincerely,
Linda Fluegel
Administrator
600 Pineview Drive • Sunset Beach, NC 28468
Telephone [phone] • 910-579-3808 • FAX [phone]

Division of Coastal Management
Jerry Parker
127 Cardinal Drive Extension
Wilmington, N. C. 28405
Dear Jerry:
May 1, 1997
77 0 11 H71R� D
I/ MAY U 4 1991
DIVISiUi\, OF
COASTAL MANAGEMENT
Please find enclosed an application for a permit to dredge in Jink's Creek along with a check in
the amount of $250.00. Accompanying the application is a copy of the petition signed by the property
owners adjacent to Jink's Creek. This will satisfy the need for adjacent property owner signatures. Also,
enclosed is a letter from Mr. Edward M. Gore, Sr. giving permission to use an area located across the
Intercoastal Waterway from Jink's Creek as a spoil site. Most important are copies of maps, acquired
from the Corp of Engineers, which show each time the creek was dredged in the past. Copies of dredging
permits issued to Mr. Joe Peed and Mr. Robert Adams in Jink's Creek are attached. Maps of the proposed
project are enclosed.
If you need any additional information on this proposed project please feel free to call me.
Sincerely,
Lini Fluegel
Administrator
Enc. 1 check
3 applications
3 sets drawings
3 letters of Ed Gore
3 copies of permits each of Robert Adams and Joe Peed
3 sets of Corp maps showing dredging
3 sets of petitions
600 Pineview Drive • Sunset Beach, NC 28468
Telephone [phone] FAX [phone]

UNITED STATES POSTAL SERVICE I ll�l
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• Print your name, address, and ZIP Code in this box •
NC DEHNR
DIVISION OF COASTAL MANAGEMENT
127 CARDINAL DRIVE EXTENSION
WILMINGTON NC 28405-3845
ATTN: ELLEN
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1, ❑ Addressees Address
permit.
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p. ❑ Restricted Delivery
-The Return Receipt will show to whom the article was delivered and the date
delivered.
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8. Addressee's Address (Offily if requested
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PS Forrk3_p11, Deceq&br 1994

Stick postage stamps to article to cover First -Class postage, certified mail fee, and
charges for any selected optional services (See front).
1. If you warn this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a posl office service
window or hand it to your rural canner (no extra charge).
2. If you do not want this receipt postmarked, slick the gumrred stub to the light of the
return address of the anncle, date, detach, and retain the receipl, and mail the article.
3. If you want a return receipt, write the certified mail number and your name and address
on a return receipt card, Form 3811, and attach it to the front of the article by means of the
gummed ends if space permits. Otherwise, affix to back of article. Endorse from of article
RETURN RECEIPT REQUESTED adjacent to the number.
4. 8 you want delivery restricted to the addressee, or to an authorized agent of the
addressee, endorse RESTRICTED DELIVERY on the front of the article.
5. Enter tees for the services requested in the appropriate spaces on the front of this
receipt. If etum receipt is requested, check the applicable blacks in item 1 of Form 3811. o
6. Sava this receipt and present a 0 you make an inquiry, y

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