NCDOT 139-79 Cape Fear River

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z Permit ChM
1 Permit Number may- �"~ �5�
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j 139-79 New
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Department of iliaes and Cty Developm ntj���++ gg��jIcy . nd ''� `\ , ,R,ic CEIL VED
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® Excavattos s gijor�ling,pefsuant to NCGS 113-22
1 Issued to Department of Transportation, Division of Highways ,
1 Raleigh, North Carolina 27611 '
j
1 authorizing development in New Hanover co.at Cape Fear River '
1 9/21/79; including attached '
1 as requested in the permittee's application dated
1 plats, sheets 1&2 of 2 dated 9/79 subject to the conditions set forth below ,
1
1 (1) That excavation not extend to the Cape Fear River proper in order to provide /
space for run-off filteration by natural conditions and/or construction of a ,
1 sediment basin; and further that the termination point to facilitate same be
staked on-site with a representative of the Office of Coastal Management prior /
to work under this permit being initiated.
1 (2) That all excavated materials be confined above MEW and landward of regularly or
1 j irregularly flooded marshlands.
/
1 (3) That in order to protect water quality, runoff from the construction area must /
1 not,visibly'increase the amount of suspended sediments in adjacent waters.
NOTE: Enforcement personnel will determine an increase as significant if the
measured level of suspended sediments is increased by 25 Jackson Turbidity /
Units.
/
t NOTE: In issuing this permit, the Department of Natural Resources and Community Develop- /
> ment agrees that your project is consistent with the approved N. C. Coastal Manage-
ment Program.
/
IF THE ABOVE CONDITIONS AND THE PLANS AND SPECIFICATIONS SUBMITTED AS PART OF THE APPLICATION
/
(WHERE NOT IN CONFLICT WITH THE CONDITIONS)ARE NOT FOLLOWED PRECISELY,THE PERMITTEE IS SUBJECT
TO A FINE, IMPRISONMENT, OR CIVIL ACTION AS PROVIDED IN G. S. 113A-126 AND G. S. 113-229 (K) AND (L).
This permit must be accessible, on site, to Department Signed by the authority of the Secretary
/
personnel when the project is inspected.
This permit action may be objected to by the permittee
or other qualified persons within twenty (20) days of the L a, 4
issuingdate. A valid appeal requires resolutionprior to work
ppe q E.Walton Jones,Deputy Secretary
/
initiation or continuance, as the case may be. Signing this
/
form and proceeding with the work binds the applicant Signed by the authority of the Chairman
to compliance with all permit conditions. of the Coast Resource issio
Any maintenance work or project modification not / �
covered here under requires further Departmental approval.
All work must cease when the permit expires. enneth D. Stewart,Director •
/
Office of Coastal Management
Permit expires on December 31, 1982
Issuing date November 16, 1979
Signature of Permittee

North Carolina Department of Natural
Resources &Community Development
James B. Hunt, Jr., Governor Howard N. Lee, Secretary
Septether 25, 1979 RECEIVED
SEP 26
- Div. MAR. FISH.
Mr. Doug Nelson ) A . �: F. A, .
Estuarine Man ement Section �U
Box 7
Morehead City, NC 28557 - :- _.-__.----
Dear Mr. Nelson:
The attached copy of an application submitted by:
DOT-Division f. highways
Ap icant's Name
r'ane Fear R:_ver • "r:n^v©r
Location of Project County
for a State permit to perform excavation and/or fill work in
coastal North Carolina and for a CAMA major development
permit. . .
for a CAMA major development permit (only) . . .
. . . is being circulated to State and Federal agencies having jurisdiction
over the subject matter which might be affected by the project.
Please indicate on the reverse side of this form your viewpoint on
the proposed work and return it to me not later than
rctober 9, 1979
aNtl . Sincerely,
-::*jaN )00.11k7N .
John R. Parker, Jr.
Permit Coordinator
PKP:sp:321
Post Office Box 27687 Raleigh, North Carolina 27611 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

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

Office of Coastal Management
7225 Wrightsville Ave .
Wilmington , NC 28403
October 19 , 1979
MEMORANDUM TO - John Parker
From Bob Stroud
Subject Application for State Permit - DOT-Division of Highways -
9/21/79
Location - New Hanover County - adjacent to the Cape Fear River
Investigative process - Application received Raleigh 9/25/79; Morehead
9/26/79; Wilmington 9/27/79; site investigated and notice posted 10/16/79 .
Environmental setting - The project site is located within the west
right-of-way of US 421 and NC 133 just north of the Cape Fear River .
There is an existing drainage ditch located in the right-of-way which
has become essentially closed approximately 250 ' -300 ' landward of the
connection with the river . Several species of marsh vegetation in-
cluding cordgrass , cat-tail and three-square are located adjacent to and
have reestablished within parts of the more landward portion of the
ditch. The mouth of the ditch appears to be clear with the exception of
a few snags .
Project description - The applicant proposes to perform maintenance
excavation_ of the existing ditch. The dimensions are approximately
2200 ' long by 3 ' wide by 2 ' deep. Approximately 1200 cu . yds. of
material are to be removed by backhoe and hauled by truck to a State
owned borrow pit.
Environmental impact - Dredge and Fill - The maintenance proposed will
cause to be consumed the marsh vegetation which has become established
in the existing ditch . However , the width and depth dimensions of the
proposed work are such that no significant adverse impact on marine
resources are anticipated.
Environmental impact - CAMA - A review of the Wilmington-New Hanover
County land-use synopsis indicates that the project area is located
within an area classified as conservation. The Wilmington-New Hanover
Co. planning department was contacted for their input. As the work
consists of maintenance excavation of an existing feature their position
is that it does not contravene their policies , and if the appropriate
State and federal permits are obtained they have no objections.

Re: Application for State Permit - DOT-Division of Highways - 9/21/79
No objections to project subject to the following conditions.
Dredge and Fill
1. That a representative of the Office of Coastal Management meet on-site
with representatives of DOT-Division of Highways in order to stake the river-
ward extent of the excavation prior to work commencing.
2. That all excavated materials be confined above MHW and landward of regularly
or irregularly flooded marshlands.
CAMA - Sames as above.
Bob Stroud

•
APPI.ICArION
FOR
PERMIT ro EXCAVATE AND/OR FILL RECEIVED
EASEMENT IN LANDS COVERED BY WATER Offke of Assistant Secretary
WATER QUALITY CERTIFICATION SEP 2 51919
CAMA PERMIT FOR MAJOR DEVELOPMENT
State of North Carolina " ` °t':t'[:50,9Rdifent of the Army
Department of Natural Resources& Community Development Corps of Engineers,Wilmington Frstriet
(GS 113-229, 143-215.3 (a) (1), 143-215.3 (c), 113A-118 (33 CFR 209. 320-329)
Department of Administration
(GS 146-12)
Please type or print and fill in all blanks. If information is not applicable,so indicate by placing N/A in blank.
I. Applicant Information
A. Name N . C . Department of Transportation-Division of Highways
Last First Middle
• B. Address P P . 0. Box 25201
Street, P.O. Box or Route
Raleich, North Carolina 27611 (919)733-35211
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County New Hanover
B. 1. City, town, community or landmark Wilmington
2. Is proposed work within city limits? Yes No X
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Cape Fear River
III. Description of Project
A. 1. Maintenance of existing project X 2. New work
B. Purpose of excavation or fill
1. Access channel NA length width depth
2. Boat basin NA length width depth
3. Fill area NA length width depth
4, Other Ditch maintenance length 2200' width 3' depth +2'
C. 1. Bulkhead length NA . Average distance waterward of MHW (shoreline) NA
2. Type of bulkhead construction (material) NA
D. Excavated material (total for project)
1. Cubic yards ,1200 Sand
Type of material
E. Fill material to be placed below Ml 1W (see also VI. A)
1. Cubic yards NA 2. Type of material NA
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to he excavated include any marshland, swamps or other wetland? Yes No x
B. Does the disposal area include any marshland, swamps or other wetland? Yes No X
C. Disposal area I. LocationState owned borrow pit on SR 1309
2. Do you claim title to disposal area? Yes
D. Fill material source if fill is to be trucked in NA
L. How will excavated material be entrapped and erosion controlled? In an existing borrow pit
f . I ype of equipment to be used _ Backhoe and dump truck
G. Will marshland be crossed in transporting equipment to project site? If yes,explain NA
D&F-131
Rev. 3/78

''� lriR uJcd Use of Protect Area (l)cstrthc)
A. I. Private NA
2. Commercial NA
3. housing Development or Industrial NA
•
4. Other Roadway drainage
B. 1. Lot size(s) NA
2. Elevation of lot(s) above mean high water NA —
3. Soil type and texture NA
4. Type of building facilities or structures NA
NA
5. Sewage disposal and/or waste water treatment A. Existing Planned NA
B. Describe NA
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes_No. X
2. Type of discharge NA
3. Location of discharge NA
VII. Present rate of shoreline erosion (if known): NA
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: NA
IX. Length of time required to complete project: 60 days
X. In addition to the completed application form, the following items must be provided:
A. Attached a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8 , X I I" white paper (see instruction booklet for
details). Note: Original drawings preferred- only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 1 13-229(d) Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
A. D. Royal, et. al.
c/o Steven D. Royal
929 S. Kerr St., Suite F-1
Wilmington, a. C.
z?„,6-
-:-x)
DATE 9-21-79 zY
Appli s Signature
Manager of Technical Services
Send one completed copy each to:
Assistant Secretary for Natural Resources District Engineer
Department of Natural Resources& Community Development Wilmington District Corps of Engineers
P. O. Box 27687 P.O. Box 1890
Raleigh, North Carolina 2761 1 Wilmington, North Carolina 28401
Ph. 919.733-4006 (Note: attach Corps transmittal letter)
Ph. 919-763-9971 Ext. 565
U&F-B 2
Rev. 3/78.

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VICINITY MAP
FROM NORTH CAROLINA D.O.T.
NEW HANOVER COUNTY MAP
N.C. DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
NEW HANOVER COUNTY
PROPOSED MAINTENANCE CLEANING OF
ROADWAY DITCH ALONG US 421 & NC 133
FROM CAPE FEAR RIVER NORTH ±0.4 MILE
SEPTEMBER, 1919 SHEET / OF 2. SHEETS

EBB FLOOD
MATCH
\ 1 MLI E f CAPE TEAR] RIVER
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BEGIN m I C PROPOSED MAINTENANCE CLEANING
28*00
OF ROADWAY DITCH ALONG US 421
.28 I 37 1 I & NC 133 FROM CAPE FEAR RIVER
A MATCH NORTH ±0.4 M]IE
LINE SHEET Z OF .2 SHEETS