20071357 Ver 2_DCM Permit_20090903

Fermi' Class t Number
MODIFCIATION/NHNOR Y'
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources CEP - 3 2009
and DENR - WATER QUALITy
Coastal Resources Commission WETLANDS ANDSTOPJefV:'ATER9f
rrm t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Mi11 Creek Waterway Restoration, Inc., 411 Hughes Road, Hampstead, NC 28443
Authorizing development in
Pender
County at located in Horne Creek, adj. to the AIWW,
in Hampstead , as requested in the permittee's letter dated 5/29/09, including the
attached workplan drawings dated (4), 3 dated revised 6/5/09 and 1 dated 5/22/09
This permit, issued on August 31, 2009 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) Unless specifically altered herein, this minor modification authorizes the additional excavation at the
entrance channel of Mill Creek as indicated on the attached workplan drawings.
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
3) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2011
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
t1l
? ; James H. Gr s6n, Director
;vision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
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?Mi11 Creek Waterway Restoration, Inc. Permit # 175-07
Page 2 of 3
ADDITIONAL CONDITIONS
4) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
5) No excavated or fill material shall be placed at any time in any Coastal Wetlands or surrounding waters.
6) The permittee shall exercise all available precautions in the operation of the dredging operation,
including the transfer of material between pipelines, to prevent materials from entering wetlands or
waters. Such discharge, either directly or indirectly, to adjacent wetlands or waters could contravene the
Coastal Area Management Act and/or state water quality standards, thereby violating state law.
Spoil Disposal
7) The authorized dredging project involves the removal of material from an area that is closed to
shellfishing. The effluent from the dredged material will discharge into open shellfish waters. The
discharge shall require a temporary shellfish closure around the dredge spoil spillway pipe. The
Division of Environmental Health, Shellfish Sanitation Section shall be notified at least one week prior
to pumping, and also notified by phone at [phone], 24-hours prior to pumping and upon
completion of the pumping.
8) All excavated materials shall be confined above normal high water level and landward of Coastal
Wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any
marsh or surrounding waters.
9) No spoil material is to be placed within 30 feet of the normal high water line, except that which will be
used to backfill the area behind the bulkhead.
10) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal water level to prevent gully erosion and unnecessary siltation.
11) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
12) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
13) The diked disposal area shall be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
14) Any change in the spoil disposal area shall require additional authorization from the Division of Coastal
Management.
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Mill Creek Waterway Restoration, Inc. Permit # 175-07
Page 3 of 3
ADDITIONAL CONDITIONS
General
15) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon
due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions
caused thereby, without expense to the United States or the state of North Carolina. No claim shall be
made against the United States or the state of North Carolina on account of any such removal or
alteration.
16) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
17) This major modification shall be attached to the original Permit No. 175-07, which was issued on
12/17/07 and Major Modification issued on 11/12/08 and all documents shall be readily available on site
when Division personnel inspect the project for compliance.
18) All conditions and stipulations of the active permit remain in force under this minor modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 07 1357 Mod), which was issued on 6/29/09.
Gafiagan & Bryant Associates, Inc.
295-A N. Green Meadows Drive
Wilmington, NC 28405
[phone]
[phone] FAX
[e-mail]
May 29, 2009
Ms. Heather Coats
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Mill Creek Restoration Project at Washington Acres
Minor Modification to DENR Permit #175-07
Dear Mr. Coates:
(3BA
Please allow this letter to serve as written request for a minor modification for the referenced project.
As you aware, the Entrance Channel was originally included in the initial permit application (2007). However,
at the time of submittal the existing depths did not warrant any maintenance efforts, and it was removed from
the project. Since that time, the Entrance Channel has shoaled to depths ranging from 0.0 ft MLW to 3.0 ft
MLW. Therefore, we would like to include the Entrance Channel maintenance efforts as a minor modification
to the existing permit.
A $100.00 check has been enclosed, as well as the modified MP-1, MP-2 forms, project narrative, and
drawings. Please contact us as soon as possible if there are any questions or concerns.
Thanks you in advance for your assistance with this request.
Sincerely,
GAHAGAN & BRYANT ASSOCIATES, INC.
C. Paul Pascarosa
Environmental Specialist
Enclosures
cc: Mr. Stuart Mossman, Washington Acres HOA
Mr. David Timpy, USACE
Ms. Joanne Steenhuis, DWQ
7 1. ? 4 SP?' ?.? y.
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BALTIMORE, MD
[phone] HOUSTON, TX
[phone] LOS ANGELES, CA
(310) 521
8127 SAN FRANCISCO, CA TAMPA, F'L WILMINGTON, DE
- [phone] (813) 831-4,408 [phone]
Form DCM MP-1 (Page 3 of 3)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? EYes ?No
(ii) Are there coastal wetlands on the site? ®Yes ?No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Private Septic Systems
o. Describe existing drinking water supply source.
Private Wells
p. Describe existing storm water management or treatment systems.
NA
5. Activities and ?mpacfs g s
a. Will the project be for commercial, public, or private use? []Commercial ?Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Provide water access to existing boating docks and riparian properties
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Mechanical dredging by means of a bucket dredge (excavator) and barge. The excavated material will be disposed of in a
designated upland area located within the Washington Acres subdivision. (see project description for more details).
d. List all development activities you propose.
Mechanical Dredging of approximately 1,360 cy of sediment from Entrance Channel of Mill Creek.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
f. What is the approximate total disturbed land area resulting from the proposed project? 21900 ®Sq.Ft or []Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes ®No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Based on the operating techniques of mechanical bucket dredging, little to no discharge will occur.
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ?Yes ?No ®NA
If yes, attach a mitigation proposal.
<Form continues on back>
UN 1 `4; 2009
252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net
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Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. 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.
Name NA - Adjacent Property owners are permitees on permit for which this application is Phone No.
a modification
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
NCDENR 175-07; Community Creek Front POA, Waters Edge NCDENR DWQ Project #07 1357 V2; Horne Creek Extension,
at DeerField; Decemebr 12, 2007 Modification to Mill Creek Dredging Project, Oct. 6, 2008
Consent Agreement DACW21-9-07-6136; Mill Creek Waterway
Restoration, Inc.; October 17, 2007
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. 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 the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 5/20/09 Print Name _Carmen Paul Pas
Signature g
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts-
?DCM MP-3 Upland Development
?DCM MP-4 Structures Information

252-808-2808 1-888-4RCOAST www.nccoastallmanagernent.net
Y
Form DCM MP-2
EXC"ATI-ON and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM NIP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel Canal Boat Basin Boat Ramp Rock Groin Rock
Breakwater (excluding
shoreline
(NLW or .
NWL stabilization
Length 730 ft
Width 30 ft
Avg. Existing 3.0 ft MLW NA ,- NA
Depth
Final Project -5
0 ft MLW - NA NA.,
Depth .
0This section not'applicable
r, s EXCAVATION.
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Silty sand, Mud
Entrance Channel - 1,360 cy
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or otherwetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of the excavation in these areas:
Provide water access to residential docks
DISPOSAL OF EXCAVATED MA
d. High-ground excavation in cubic yards.
0
TERIAL _ 07
a. Location of disposal area.
Property of Mr. Jeremiah Reeves. Parcels 3291-06-7487,
3291-06-7348,3291-06-6289
c. (i) Do you claim title to disposal area?
?Yes NNo ?NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation.(SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
OWL ®None
(ii) Describe the purpose of disposal in these areas:
b Dimensions of disposal area.
.65 acres
is section not applicable
d. (i) Will a disposal area be available for future maintenance?
®Yes ?No ?NA
(ii) If yes, where?
Disposal Area #205
f. (i) Does the disposal include any area in the water?
?Yes ®No ?NA
(ii) If yes, how much water area is affected?
v i `
JUN I :21 2009
252-808-2808 :: 1-888-4RCOAST :: www nccoastalmanagement.net revised: 12126106
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3 SHORELINE STABILIZATION ZThis section not applicable
(if development is a wood groin, use MP-4 Structures)
a. Type of shoreline stabilization:
[]Bulkhead ?Riprap []Breakwater/Sill []Other:
C. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level.
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
?Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? LJYes LJNo LJNA
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL []None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Silt fencing will be established prior to the disposal efforts. Material Excavator/backhoe, loading barge, and dump truck
will be transported from the barge (via excavator) to a hauling
truck, and dumped within the silt fencing on the property of Mr.
Reeves.
c. (i) Will navigational aids be required as a result of the project?
?Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented.
d. (i) Will wetlands be crossed in transporting equipment to project
site? ?Yes ®No ?NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
x; 2 200S
252-808-2808 :: 1-888-4RCOAST :: www_n_ocaastatmanagement.net :a+e vis d .l2/2&106

5/22/09
Date
Entrance Channel and Battery Lane Creek Additional
maintenance efforts to the Mill Creek Dredging Project
(Permit# 175-07)
Project Name
Mill Creek Waterway Restoration, Inc.
Applicant Name
o S A4 4-4-\J
Applicant at 71,
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Mill Creek Dredging Project
Minor Modification to NCDCM Permit #175-07
"Mill Creek Entrance Channel"
Purpose:
The objective of this permit modification is to add the "Mill Creek Entrance Channel" to
the existing Mill Creek Maintenance Dredging Project. The Entrance Channel has
shoaled to depths that limit navigation to smaller boats, and it does not meet the current
depth of the recently dredged Mill Creek.
The Entrance Channel was originally included in the overall scope of the Mill Creek
Dredging project. However, at the time the project began (summer 2007), the existing
depths did not warrant maintenance efforts, and it was not included in the permit
application. Based on our before dredge survey (November 11, 2008) and our after
dredge survey (May 4, 2009) it became evident that the Entrance Channel was in need of
maintenance. Portions of the Entrance Channel are quite shallow, and range from 0.0 ft
MLW to 3.0 ft MLW.
Existing Conditions:
The Entrance Channel is the connecting waterway to Mill Creek from the AIWW. It is
approximately 730 feet long and 30 feet wide. Existing depths range from 0.0 ft to -5.0
ft MLW. Although parts of the Entrance Channel are at -5.0 ft MLW, the western side of
the first 500 feet of the channel are ranging from 0.0 ft to -3.0 ft MLW (see drawings).
Proposed Activities and Construction Logistics:
This minor modification request proposes to excavate approximately 1,900 cubic yards of
material from the Entrance Channel. The proposed depth of the Entrance Channel is to a
depth of -5.0 ft MLW. The excavation method will consist of a mechanical dredge
(excavator and barge), operated by Maritech, LLC.
The dredge spoil will be transported to a hauling truck, and disposed of on an upland site,
located on three (3) vacant parcels across from 2210 Washington Acres Road. The size
of the disposal area is approximately .65 acre (28,525 sq. ft.). The disposal of 1,900
cubic yards will result in a 1.8 ft rise in elevation. In addition to the material from
Battery Lane Canal (Letter of Refinement via email 6/05/09), the total rise in elevation
will be 2.8 ft. Therefore, properly installed silt fencing will effectively ensure all
sediment and erosion control measures are met. Additionally, the disposal area will be
outside of the 30 ft set back. The current owner of the upland disposal-setas;Mr. 3erry
Reeves, and his letter of consent is enclosed. r

Project Description Page 1 of 1
r
Environmental Concerns;
Based on approval of the original Mill Creek Dredging Project and coordination with
regulatory agencies, it appears the maintenance of the Entrance Channel will pose little, if
any, adverse affects on the surrounding environment. It is within the same general
footprint of the area covered by Permit 175-07. The "Bucket and Barge" dredging
technique is considered the least intrusive method of dredging. Therefore, we do no
expect any adverse affect on the surrounding environment.
Furthermore, the Entrance Channel was approved for dredging under a General Permit
issued on August 2, 2006 (Rover File# 5031515A). Additionally, all appropriate
measures will be taken to ensure the dredging operation is within the scope of all
applicable standards and regulations.
t..F..: i
JUN 0 A, i' UJJ
Project Description Page 2 of 2
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