10-14 Letter of Refinement

FCDIAW
North Carolina Department of Environment and
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
February 10, 2014
Mark Malpass
176 Flamingo Lane
Sneads Ferry, NC 28460
Dear Mr. Malpass:
Natural Resources
John E. Skavarla, III
Secretary
This is with reference to your request to modify State Permit # 10-14, which was issued to you on January 22, 2014, for a
docking facility, with associated dredging activities, within the entrance channel and access canal located adjacent to your
property at 176 Flamingo Lane, Sneads Ferry, NC. State Permit #10-14 is scheduled to expire on December 31, 2017.
The action proposed in your submittal consists of adding an alternate spoil disposal site to the project, which is located
along Swan Point Road, directly across from Bayou Lane, in Sneads Ferry, NC. As indicated on your site plan, the
proposed alternate spoil disposal site (owned by Betty Yopp) measures approximately 150' in width by 250' in length
(running parallel with Swan Point Road) and is located approximately 600' landward of the Normal High Water (NHW)
contour.
As reported by your agent (Darian Chad Kimes), site conditions at the off-loading site do not allow for adequate access
and/or transport from the dredge operations to the original disposal area, and an alternative site is necessary for
completing the project. The proposed alternate site has been historically used for other dredging projects in the area and is
capable of retaining the amount of material necessary to complete the permittee's project. The site is bordered to the
north, west and south by residential properties and to the east by a narrow feeder creek that drains to the AIWW. The
actual disposal area is void of any Coastal Wetlands and it does not appear that any "404" type wetlands exists there
either. Prior to any disposal activities at the alternate site, you or your contractor shall properly install silt fencing capable
of containing any/all proposed dredge spoil.
By copy of this letter we are also notifying the U. S. Army Corps of Engineers and the N.C. Division of Water Resources
of our action. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits.
Sincerely,
Debra D. Wilson
District Manager
cc: Jonathan Howell, DCM
Ronnie Smith, USACE
Joanne Steenhuis, DWQ
r1)E
RECEWED
B 17 2014
C:4,,V.iD C'.TY
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal opportunity � Affirmative Action Employer

Dail, Jason
From:
[e-mail]
Sent:
Thursday, February 06, 2014 8:19 PM
To:
Dail, Jason
Subject:
Revised Disposal Site- Malpass Project
Attachments:
Malpass Revised Disposa102062014.pdf
Hey Jason,
I am requesting approval for a revised disposal site for the Mark Malpass dredging project. Please see the
attached drawing depicting the revisions. I ahve also attached a letter of permission from the property
owner. This revision will reduce the risks of possible impacts to oysters or wetlands from unloading on the
shoreline as shown on the Permit.
If you need any additional information please let me know.
The channel is scheduled to be staked this weekend as required by the Permit. It will be ready for your
review come Monday. If this schedule changes due to weather, I will let you know.
Thank you!
Darian Chad Kimes, PE
Engineering Services
910-470-4494
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itECEIVED
FEB 17 2014
DCM•M6D CITY

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Malpass Disposal Site- Yopp Property
***Both Areas will have silt fence.
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IRS C E1V ED RECEIVED
FEg 0 6 2014 FEB 17 2014
DCM WILMINO'ON: NC DCM-MHDMY

186 Bumps Creek Road
Sneads Ferry, N. C. 28460
February 6,2014
To Whom It May Concern,
This letter gives COASTAL DREDGING the permission to put spoils from New River
on the property belonging to Graham and Betty L. Yopp on Swan Point Road.
///4-/
Betty L. Yopp
RECEIVED
DEB 0 6 2014
DCM W1LMIN0r0N NC
RECEIVED r'
FEB 17 2014

Howell, Jonathan
From: Dail, Jason O 1 tl
Sent: Tuesday, February 04, 2014 9:14 AM
To: dckimes
Cc: Howell, Jonathan
Subject: RE: FW:40aliaMWpwft
Chad, we can probably refine the permit for the spoil deposition provided we have consent from the property owner.
Please provide the consent letter and a diagram depicting the limits of the spoil disposal site and we will try to turn it
around for you expeditiously.
Thank you,
Jason
Field Repreaettta
NX- Division of Coastal Malwagemenit
127 Cardinal Ddva Extension
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`�"` Email: jasonalaitpJncsietrr,gov
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*Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be
disclosed to third parties.*
Please visit www.nccoastalmanaoement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram.
From: dckimes [mailto:[e-mail]]
Sent: Monday, February 03, 2014 8:09 PM
To: Dail, Jason
Subject: RE: FW: Mark Malpass
Hey Jason;
Johnathan with coastal dredging is wanting to begin the dredging starting the week of February 10th. The
entrance channel is marked with white pvc. I am planning on staking the rest this weekend.
We are going to change the disposal area to have less disturbance. I was getting nervous unloading just south of
the boat house. We are planning to unload at Swann marina just South. The barge will be unloaded to a dump
truck then hauled to Graham Yopps field around the corner. This site has previously been approved for spoils.
Let me know what you need on this. This should a much cleaner job.
If you need to meet with Jonathan, please give him or me a call. We are trying to beat the moratorium.

Thank you
Chad
Sent fiom my U.S. CellulaN4 Smanphane
-------- Original message --------
From: "Dail, Jason"
Date:01/27/2014 2:45 PM (GMT-05:00)
To: dckimes &charter.net
Subject: FW: Mark Malpass
FYI
*Please note that e-mail correspondence to and from this address may be subject to the North Carolina Public records Law and may be
disclosed to third parties.*
Please visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram.
From: Howell, Jonathan
Sent: Monday, January 27, 2014 2:36 PM
To: dckimes(o charter.net; Dail, Jason; Simpson, Shaun; Smith, Ronnie D SAW; DCR - Environmental Review; Benoy,
Debra; Pace, Kenneth D; Fowler, Patti; Walton, Tim; Higgins, Karen; Steenhuis, Joanne; Dunn, Maria T.
Subject: Mark Malpass

Attached is the CAMA Major Permit for Mark Malpass in Onslow County. The hard copy will follow in the
mail to the address shown on the permit.
Jonathan Howell
Asst. Major Permits Coordinator
400 Commerce Avenue
Morehead City, NC 28557
[phone] (Ext. 211)
wwwmccoastalmanaeement.net
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-02176 County: Onslow U.S.G.S. Quad: New River Inlet
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mr. Mark Malpass
176 Dolphin Lane
Sneads Ferry, North Carolina 28460
Telephone Number:
Size (acres) 3 Nearest Town Sneads Ferry
Nearest Waterway AIWW River Basin White Oak
USGS HUC 03020302 Coordinates Latitude: 34.5478
Longitude:-77.361302
Location description: The project area is located at 176 Dolphin Lane alone the AIW W in Sneads Ferry,
Onslow County, North Carolina.
Description of projects area and activity: This verification authorizes the construction of a docking facility.
maintenance dredging of an entrance channel, access channel and boat basin. The proposed structure would
total 992 sauare feet and the dredging would impact 19,200 square feet of waters for the removhk2rp B:k.
cubic yards of material. oc. ..:
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) JUN I 0 2014
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291 T1(,V-MHDCITY
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted CAMA application and information dated November 14, 2013
and November 20, 2013 Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or
appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terns and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Resources (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management
Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management
in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Ronnie Smith at 910-251-4829 or by email at
ron nie.d.smith(a,usace.a rmv. m iI

SAW-2013-02176
Corps Regulatory Official: Ronnie Smith Date: June 5.2014
Expiration Date of Verification: March 18.2017
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID: SAW -
Basis For Determination: This water body is subject to the ebb and flow of the tide and is a
navigable water of the United States pursuant to the policies and criteria found at 33 CFR 329.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
2

SAW-2013-02176
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by August
5, 2014.
**It is not necessary to submit an RFA form to the Division qf&e if you do not object to the determination in this
correspondence.** /
Corps Regulatory Official:
Ronnie Smit
Date of JD: June 5, 2014
Expiration Date of JD: June 5, 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
hM://reug latory.usacesurvey.com/.
Enclosures:
GP 291 Conditions
CAMA Permit
Copy Furnished with Enclosures:
Mr. Chad Kimes
104 Newton Road
Hampstead, North Carolina 28443
Copy Furnished without Enclosures:
Mr. Jonathon Howell
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Jason Dail
,.. �CkavED
x
JUN 10 2014
3 DCM•MADcrry

SAW-2013-02176
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
0

Atlanta, GA 30303-8960
BOSN3 Joseph M. Edge
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512
�j::. itECB1VED
JUN 10 2014
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