19960008 Ver 1_COMPLETE FILE_19960208

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DIVISION OF COASTAL MANAGE:MENT
FIELD INVESTIGATION REPORT

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1.

APPLICANT'S NAME: Town of Belville/Belville Access Park-Proposed Major Modification to
State Permit #95-94

2.

LOCATION OF PROJECT SITE: N.C. Hwy 133, approximately 1/2 mile south of Belville,
adjacent to the Brunswick River.
Photo Index - 1989:182-3 J,K-5,6,7,8 1984: no coverage
State Plane Coordinates - X: 2306600 Y: 176800

3.

INVESTIGATION TYPE: CAMA/D&F

4.

INVESTIGATIVE PROCEDURE: Dates of Site Visit - 12/19/95
-_._~----_.._---_..__.__._-_._-------_.,---_._----~---------~-----~-----_._~--_._-_._---------,---
Was Applicant Present - No

5.

PROCESSING PROCEDURE: Application Received - 12/15/95
Office - Wilmington

6.

SITE DESCRIPTION:
(A) Locall.~and Use Plan - Brunswick County
Land Classification From LUP - Urban Transition
(B) AEC(s) Involved: ES, EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Public
(E) Wastewater Treatment: Existing - None
Planned - Municipal Sewer for bathhouse
(F) Type of Structures: Existing - Boat ramps (2), parking lot, rest
rooms, nature walk, gazebo/deck, picnic shelters, and recreational facilities.
Planned - None
(G) Estimated Annual Rate of Erosion: nla
Source - nla

7.

HABITAT DESCRIPTION:

[AREA]
DREDGED FILLED

OTHER

(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 18.000 sq.ft.
Open water/shallow bottom ,
(C) Other-Highground disturbance 40,000 sq.ft.
(Spoil area)

(D) Total Area Disturbed: 58,000 sq. ft.
(E) Primary Nursery Area: Yes
(F) Water Classification: SC Open: nla

8. PROJECT SUMMARY: The Town of Belville is proposing to modify their existing State Permit
# 95-94, to authorize the excavation of an access channel in the Brunswick River, to facilitate the
use of the newly constructed public boat ramps and recreational park.

Town of Belville/Belville Access Park
Page 2

. -.....

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9. PROJECT DESCRIPTION

The project is located adjacent to the Brunswick River on N.C. Highway 133, approximately
1/2 mile south of the U.S. Highway 74/76 overpass in Belville. The east side of the 11.52 acre
tract consists of 836 feet of road frontage on N.C. Hyw 133, the property is approximately 634
feet deep and it is bordered to the north and south by wooded, State owned property. The
western property boundary consists of approximately 785 feet of water frontage along the river.
A large cove, off the Brunswick River, indents into the center of the western side of the
property. The cove is approximately 320 feet long (east-west) and 150 feet wide (north-south).
It is unclear as to the origin of the cove, but, judging from the almost vertical side slope
-----transition-to-highground 1lIldihe7.ft.~water-depth-in-the- -centerofthe-cove;-itis-probablethat-----
this feature was originally created by excavation, and was originally a liberty ship mooring.
Aerial photography review would seem to support this hypothesis. The property is the site of
the newly constnIcted John D. Long Park, which was pennitted by State Permit No. 95-94, and
funded, in part, by grants from the Division of Coastal Management and the North Carolina
Wildlife Commiss~)n. The park includes a two boat ramps, parking area, bathroom facilities,
riverside observation deck, picnic shelters, playground, and other recreational facilities. The
park is not yet open, as no sewage disposal has been provided forthe bathrooms. A permit was
issued to install a septic tank system to serve the park, however, the Town has opted to wait for
the extension of municipal sewer lines to service the park.

The waters of the Brunswick River are classified SC by the N.C. Division of Environmental
Management, and designated as a Primary Nursery Area by the N.C. Division of Marine
Fisheries.

The applicants are proposing to modify their existing pennit authorization to include the
excavation of an access channel from the boat ramp area of the cove into the Brunswick River.
The channel would be 300 feet long, 60 feet wide, and approximately 3 feet deep at MLW
(Note: Plat elevations are N. V. G .D., and application numbers are depths at ML W). Essentially,
the excavation would average less than one (1) foot over the proposed channel area, but, as
much as, 2 1/2 feet through the shallow bar along the mouth of the cove. The excavated material
would be placed on adjacent property to the north for dewatering. The property belongs to the
N. C. Department of Transportation, and the applicants have permission to use the site for spoils
disposal. An area, 200 feet long and 200 feet wide, with an associated earth~n diked perimeter,
is proposed to retain the excavated material. The applicants could not provide the requested
detailed information with respect to the method of excavation, stating that the project would be
completed, either, by mechanical excavation or by hydraulic dredge, depending upon what
resources can be obtained by the Town.

10. ANTICIPATED IMPACTS

The proposed excavation of an access channel, at the above referenced site, would disturb
18,000 square feet of shallow bottom habitat in a designated Primary Nursery Area (PNA). The
project would create approximately 600 cubic yards of excavated material which would be
deposited on adjacent highground property.

Submitted by: E. F. Brooks

Date: 01/03/96

Office: Wilmington

F.&rm DCM-MP-l

APPLICATION

(To be completed by all applicants)

.. i \ ! :~."': .

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1. APPLICANT

b. City, town, community or landmark
Rp 1 '\d 1 1 p

a. Landowner:

c. Street address or secondary road number
NC Hwy. 133, Belville, NC

- ------------------,-----.----,-------------d.-Is-proposed-work.....within-city-limits-or-planning ---
Name N. C. Department of Transportation . .sd.ct. ? Y N
JUrI I Ion. x es 0

Address P.O. Box 25201

City Raleigh

State NC

e. Name of body of water nearest project (e.g. river,
creek, sound, bay) Brunswick River

, .~
Zip 27 (i 11 Day' Phone

Fax

- - 2
o JE CC JE rrW]iilDSCRIPTION AND PLANNED USE
PROPOSED PROJECT
NOV 01 199:

b. Authorized Agent:

Name Kenneth D. Messer,
Town of Belville

Mayor DIVISION OFa. List all development activities you propose (e.g.
CUAb I AL rvlANAG EM EitUIding a home, motel, marina, bulkhead, pier, and
excavation and/or filling activities.
Dredge out channel to existing
boat ramp

Address 175 Main Street

City

Belville

State NC

Zip 28451

Day Phone [phone]

b. Is the proposed activity maintenance of an existing
project, new work, or both? Both

Fax 91o-':nl-?lLn

c. Will the project be for public, private or commercial
use? PHn 1; ('

c. Project name (if any) Belville Park
nredging

NOTE: Permit wiU be issued in name ofiandowner(s), and/or
project name.

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. 'T'np pllrpo~e ; ~ to A.llow
~~r~~~ from deep water to the new boat
rA.mp. This ramp is part of the new
park and is used as a NC wildlife ramp
and boat access. (Wildlife funded)
Drag line dredging for construction

2. LOCATION OF PROPOSED
PROJECT

a. County Brunswick

Revised 03/95

Form DCM-MP-1

,;'A,.

]ffi,ffij CD ~ RW~ Iff

NUV 01 19@.5 nlW~be existing wastewater treatment facilities.

4. LAND AND WATER
CEUUtACTER1STICS

On !'l;t'P !'lppt';('

DIVISION OF
COASTAL MANAGEMENT

a. Size of entire tract 11.50 acres

b. Size of individuallot(s) N/A

c. Approximate elevation of tract above MHW or
NWL Ranges O--:'LS- MSL--

d. Soil type(s) and texture(s) oftract
Bavmeade

e. Vegetation on tract _;"~ooded

~

f. Man-made features now on tract tJ~t'P,... f,...nnt'

park including boat lannch area

g. What is the CAMA Land Use Plan lan9
classification of the site? (Consull the local land use pkm.)

_ Conservation
_ Developed
Rural

---X- Transitional
_ Community
Other

h. How is the tract zoned by local government?
Unzoned

i. Is the proposed project consistent with the applicable
zoning? -X- Yes _ No
(Atlach zoning compliance certificale, if applicable)

j. Has a professional archaeological assessment been
done for the tract? _ Y es ~ 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 -1L No

1. Are there wetlands on the site? X Yes _ No
Coastal (marsh) v Other
If yes, has a delineation been conducted? No
(Attach documentation, if available)

Revised 03/95

D. Describe location and type of discharges to waters
oCthe state. (For example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
down" and residential discharges.) surface
~t'nrm~~t'pr throu~h wet detention
hasin

o. Describe existing drinking water supply source.
Public water supply

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 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 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.

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6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND

. A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained if} the permit.
__,___by_c:ertified mail._~y~bJandg~ners must be advised
that they have 30 days in whichto-s~bffiit-oommentS-------Icertifythatto-the-besrofmy-knowledge;-theproposed'---
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.

Name
Address
Phone

See attachment A

:.

Name
Address
Phone

Name
Address
Phone

· A list of previous state or federal permits issued for
work on the project ,tract. Include permit numbers,
permittee, and issuing dates.

See attachment B

· 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.

Revised 03/95

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.

This is the -3/ day of /Je:l , 19 90.

Print Name Kenneth D. Messer

Signature ~M1bt/./) 1/11 (~
Landowner or Authorized Agent

Please indicate attachments pertaining to your proposed
project. '

..!.... DCM MP-2 Excavation and Fill Information
_ DCM MP-3 Upland Development"
_ DCM MP-4 Structures Information
_ DCM MP-5 Bridges and Culverts
_ DCM MP-6 Marina Development

NOTE: Please sign. and date each attachment in the
space provided at the bottom of each form.

1~::o~::IDJ

DIVISION OF
COASTAL MANAGEMENT

\

Form DCM-MP-2

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EXCAVATION
~d!~L;~1JErrW~ill)

, DEe 1 5 1995

Attach this form to Joint Application for CAMA~j&ION or
Permit, Form DCM-MP-l. Be sure ttP~W~ANAGEi~aCAVATION
---other-s-ections-ofth:e-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.

'It

Average
Existiog
Depth

F'ma1
Project
Depth

Length

Width

Access
channel. ,
(MLW)~ 300

60'

-1.94' -2.66'

Canal

Boat
basin

Boat
ramp

Rock
groin

Rock
breakwater

Other
(Excluding
shoreline
stabilization)

Revised 03/95

a. Amount of material to be excavated from below
MHW or NWL in cubic yards ~ 600 __.

b. Type of material to be excavated Sediment
from bottom of river

c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SA Vs) or other wetlands? _ Yes .A..- No

d. Highground excavation in cubic yards 60

2. DISPOSAL OF EXCAVATED
MATERIAL

a. Location of disposal area Nr.nO'l' R1"i ngp Tlni r
Y::l.1"n

b. Dimensions of disposal area 200' x 200'

c. 1;>0 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? -L Yes _ No
If yes, where? NCDOT yard or on park site

Form DCM-MP-2

( ,

e. Does the disposal area incl~d'e any coastal wetlands"
(marsh)t SA Vs or other wetlands?
_ Yes --z- No

f. Does the disposal include any area in the water?
_ Yes --X- No

3. SHORELumsTABa~ATION

----a.-Type-of-shoreUne-stabiliZation
Bulkhead Riprap

b. Length

Ir~.rre1TW'm
c. \} , 'g~lstarlee W. , ,', f MHW, or NWL
l\ ".
~ ' -
d M . n~~.1 5 1995 '
. axlm'din ulStaftce waterward of MHW or NWL
nlVlS10N OF
COASTAL MANAGEMENT
e. Shoreline erosion during preceding 12 months

(Source of information)

f. Type of bulkhead or rip rap material

g. Amount of fill in cubic yards to ,be placed below
water level '
(1) Riprap
(2) Bulkhead backflll

h. Type of fill material

i. Source of fill material

4. OTHER FILL ACTMTIES
(Excluding Shoreline Stabilization)

a. Will fill material be brought to site?
_ Yes x No

Revised 03/95

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~f yes,.....:;j;t~1_:.~;: -;'~r' ',.Jf~+' :;> -.~:" "'::.~:;'~ lRj"~~l"~
";' ',(I) Amoli.g,t,of.,lpaterial to be placed in...flie
. . water", ,.,~.;..", 'j';j; .A~:~~"""'-'.~' )~ ~'. ~ .~~~:.
(2) Dimens~~_ ~f f.ill~ea

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(3) P\lgx>,~,~J?f;,~I".,,',

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b. Will fill material be placed in coastal
(marsh), SA Vs or other wetlands?
----:..Yes ;(;) ',~:""No
If yest ,,' i',:~~{\;;
'(l)"-Dimensialis-'6f-:-filhrea " .

wetlands

'j'

(2) Purpose of fill

5. GENERAL

, .~. .

a. How willexcavaI,ted or' flll material be kept on site
and erosion controlled? Silt fence and! or
earthen berm

b. What type of cons~ction equipment will be used
(for example,"draglinetbackhoe, or hydraulic
dredge)? ,
Dragline, backhoe or dredge

c. Will wetlands be cr:>ssed in transporting equipmeot
to project site? _ Yes -X- ~o
If yes, explain steps that will be taken to lessen
environmental impacts. '

Belville Waterfront Park
App6cant or Project Name

Signature

Date

('-r' ---
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WJ JE cd llinIWJE If\\
\ r\~ \ UJ EARTHEN CONTAINMENT BERM
:,..;:0 DEe 1 5 1995 L::::/ SECTIONAL VIEW

DTvrsrc.m-eF---
COASTAL MANAGEMENT

8'MIN.

'7~

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UPLAND SPOIL
DISPOSAL AREA

~~/
~

3 FT.MIN.

MIN.SLOPE

COMPACTED EARTH
RETAINING DIKE

EXCAVATION OF MATERIALS FOR COMPACTED EARTH
DIKE SHALL MAKE USE OF EXCAVATION FROM WITHIN
UPLAND SPOIL DISPOSAL AREA.

WIDTH OF DIKE AND ELEVATION TO BE SET IN FIELD
TO MATCH ANTICIPATED SPOILS DISPOSAL VOLUME
ALL EXPOSED OUTSIDE SURFACES OF EARTH DIKE &
DOWNHILL SLOPE SHALL BE SEEDED IN ACCORDANCE
WITH N.C. SEDIMENT CONTROL SPECIFICATIONS
TOTAL DISTURBED AREA SHALL BE LIMITED TO LESS THAN
1 ACRE IN SIZE
DIKE AND UPLAND DISPOSAL AREA TO BE LOCATED SO
AS NOT TO ENCROACH UPON 404 WETLAND AREAS

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3 MIN.SLOPE

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DIViSION OF
COASTAL MANAGEMENT
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WilMINGTON, NORTH CAROLINA 28402-1890

REPLY TO
ATTENTION OF

January 23, 1996

Regulatory Branch

Action ID No. 199602807

rn@rnnw~

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JAM 2 9 Igor)

J:; ii-

Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687

WETLANDS ci~~(}m)'" ~S
uIAT':R 0' ".'~' IT" ~CI'T.):.-tll:~ V""
VI L ,ct ~~~_!_~;:;- ",:" "fA" ~11 '
.,.".......-.,.-- <;:; 'Y ~

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)~. ~n
:'.8t'~ Jd"
1:--.<"&
:.y%
'1v~

Dear Mr. Dorney:

Enclosed is the application of the Town of Belville for Department of
the Army authorization and a State Water Quality Certification for the
proposed dredging of approximately 600 cubic yards of material from
18,000 square feet of non-vegetated shallow open water bottom in the Brunswick
River, at the Town of Belville's newly constructed public boat ramps and
recreational park, in Brunswick County, North Carolina. 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
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
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 March 23, 1996, the District Engineer will deem that
waiver has occurred.

Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].

Sincerely,

Enclosure

L~~~

~~hi~RegUlatory Branch

Copy Furnished (without enclosure) :

Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

Printed on . Recycled Paper

State of N rth
Departme t
Health an N
Division of E

arolina
Environment,
ural Resources
ental Management

RA

DEHNR

James B. Hur', Jr: Governor
Jonathan B. W ' s, Secretary
A. Preston Hord, Jr., P.E., Director

May 9, 19 96

Honorable R. C. Soles, Jr.
Senate Chanber
State Legislative Building
~aleigh, N.C. 27601-l096

Dear Mr. Soles:

Thank you for your letter of 16 April 1996 concerning our den~al
of a request from the Town of Belville to dredge an access channel =or
a boat basin in the Belville Town Park. I also discussed the matte~
Nith Mr. V.A. Creech, Jr. on 3 Ap~il. The Division of Environmentc~
~'lanagement recommended that the D:.vision of Coastal Management deny
~he CAMA permit since the Divisio~ of Marine Fisheries ~oncluded tt~t
::his dredging in a Primary Nurser~' Area would impair its functioni:-,J
(see attached letter of 15 Februa~y 1996). In light of this
ietermination by the Division of ~arine Fisheries, we concluded tha::
Nater quality standards would be violated because a designated use
Nould be lost. Therefore, we recommended that the Ck~ permit be
denied.

As I discussed with Mr. Cree8h, I suggested that he discuss t~e
~atter with Mr. Fritz Rohde of the N.C. Division of Marine Fisheries
in Wilmington t6 try to resolve t~e matter. A meeting with MR. Rhcde
Nas recently held but unfortunate~y the matter was not able to be
resolved. Based on a conversatio~ with Mr. John Parker of the
Division of Coastal Management, i~ appears that the next course of
action for the Town of Belville to pursue would be to seek a varia"ce
from the Coastal Resources Commission to allow the dredging. Give"
the relatively small size of this impact and the public use of this
facility if the CRC grants the va~iance, DEM will not oppose this
action.

I hope that this letter exp~ains our decision and outlines a
~easonable process for the Town to follow to resolve the matter.
?lease call me at 733-1786 if you have any questions.

Sincerely yours,

~?L~

Jo n R. Dorney
Su ervisor, Wate Qual:.ty

Certification Program

soles.ltr
cc: Steve Tedder, Water Quality
Dave Adkins, DEM Wilmington
Fritz Rohde, DMF Wilmington
John Parker, DCM
Hon. Kenneth Messer, Mayor 3elville

Section Chief
~egional Supervisor
~egional Office

.

P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/ 10% post-consumer paper

h Carolina
of Environment I
Natural Resources
ironmental Management

t, Jr., Governor

.M'A

DEHNR

May 9, 1996

Honorable David Redwine
N.C. House of Representatives
Room 1420
Legislative Office Building
Raleigh, N.C. 27601-1096

Dear Mr. Redwine:

Thank you for your letter of 16 April 1996 concernin~ our denial
of a request from the Tcwn of Belville to dredge an access channel for
a boat basin in the Belville Town Park. I also discussed ~he matter
with Mr. V.A. Creech, Jr. on 3 April. The Division of Environmental
Management recommended tjat the Division of Coastal Manage~ent deny
the CAMA permit since the Division of Marine Fisheries cor:::luded that
this dredging in a Prima~y Nursery Area would impair its =Jnctioning
(see attached letter of 15 February 1996). In light of ttis
determination by the Division of Marine Fisheries, we concluded that
water quality standards would be violated because a desig~~ted use
would be lost. Therefo~e, we recommended that the Ck~~ pe~mit be
denied.

As I discussed witr-, Mr. :Creech, I suggested that he :::iscuss the
matter with Mr. Fritz Rcjde of the N.C. Division of Marine Fisheries
in Wilmington to try to =esolve the matter. A meeting witj MR. Rhode
was recently held but ur:=ortunately the matter was not able to be
resolved. Based on a cc~versation with Mr. John Parker of the
Division of Coastal Management, it appears that the next course of
action for the Town of Belville to pursue would be to seek a variance
from the Coastal Resources Commission to allow the dredgir:g. Given
the relatively small size of this impact and the public use of this
facility if the CRC grar:~s the variance, DEM will not oppcse this
action.

I hope that this letter explains our decision and ou~lines a
reasonable process for tje Town to follow to resolve the c~tter.
Please call me at 733-1736 if you have any questions.

Sincerely you=s,

~~~alitY Certification prograr

redwine.ltr
cc: Steve Tedder, Wate= Quality Section Chief
Dave Adkins, DEM Wilmington Regional Supervisor
Fritz Rohde, DMF Wilmington Regional Office
John Parker, DCM
Hon. Kenneth Messe~, Mayor Belville

P.O. Box 29535, Raleigh. North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer

Telephone [phone] FAX [phone]
50% recycled/ 10% post-conSl.mer paper

From:

Date:

Subject:
To:

Page 1

Note for Jimmie Overton

Steve Tedder
Thu, May 9, 19967:46 AM
RE: Belville Access Park
Jimmie Overton

IF EVERY ONE IS IN AGREEMENT ON THE DENIAL WE NEED TO GET THE
LETTERS TO REDWINE AND SOLES IMMEDIAlELY AS WELL AS A LEITER TO
THE TOWN LETTING THEM KNOW THEIR RECOURSES.

From: Jimmie Overton on Thu, May 2, 1996 3: 10 PM
Subject: Belville Access Park
To: Steve Tedder
Cc: John Dorney; Ken Eagleson

Ken said you wanted to know what the deal was with this project regarding Senator Soles
letter (your log #17073). We also received a letter from Representative Redwine on this one.

They're building a park on the side of the Brunswick River. Plan we received had a new
dredged channel through 18,OOsq.ft. of shallow water habitat into the River. RO
recommended that we recc. denial to CAMA due to loss of use PNA. We got back with
Gregson and with Fritz Rhode to determine if they felt strongly, there would be a loss of use.
Fritz definately did.

We sent file to you and preston with note for your review and concurrence with denial and
received note back from Preston "I Concur".

We had worked up draft letter for Rep. Redwine (which we were going to run by you)
addressing his questions as to why it was denied and in the draft letter were mentioning the
town's potential recourse in seeking a variance with the eRC to allow the dredging. As you
saw Sen. Soles letter was a little more blunt We have sent no response to either legislature
as of now. I have the draft we worked up to go to Rep Redwine here in the file & we faxed a
copy down to Jim Gregson.

Do you need to see the file or have anything faxed down.??

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<!Iarnlina ~~n.eral J\ss~mhltl
~ennte <lllynmher
~tnte 1llegislntiue ~uiI~ing
~nleiglr 27601-1096

SENATOR R. C, SOLES. JR.
18TH DISTRICT

DEPUTY PRESIDENT PRO TEMPORE

HOME ADDRESS: POST OFFICE Box 6
TABOR CITY, NORTH CAROLINA 28463
TELEPHONE: (919) 653,2015

April 23, 1996

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Mr. John Dorney
DEM
Environmental Sciences Branch, DEHNR
4401 Reedy Creek Road
Raleigh, North Carolina 27607

Re: Water Quality Comments
Town of Belville/Belville Access Park Project
Brunswick County DEM #960008

Dear Mr. Dorney:

I have received a copy of your memorandum addressed to Mr. John Parker concerning the above matter. The small
amount of dredging needed to complete the access to the public park established by the Town of Belville must be
approved so that this important project can be completed. I, along with other members of the legislative delegation,
have worked hard to bring this project to completion, and I am very disturbed that you would use an objection at
this time. I respectfully ask that you reconsider your position and take steps to come up with a plan which will
allow completion of the access to the Belville Park.

I look forward to hearing from you.

With my best wishes, I am

Very sincerely,

<<~c_ ~J/

R. C. Soles, Jr.

RCSjr/jI

cc: Secretary Jonathan B. Howes, DEHNR
Mr. A. Preston Howard, Jr.. P. E. Director
Environmental Managment

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DIV OF E2\r.JIRO!\!MENTAl MGT
DIRECTOf('S OFFICE

SENATOR R. C SOLES, JR
18TH DISTRICT

DEPUTY PRESIDENT PRO TEMPORE

HOME ADDRESS' POST OFFICE Box 6
TABOR CITY, NORTH CAROLINA 28463
TELEPHONE: [phone]

April 23, 1996

Mr. John Dorney
OEM
Environmental Sciences Branch, DEHNR
4401 Reedy Creek Road
Raleigh, North Carolina 27607

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Re: Water Quality Comments
Town of Belville/Belville Access Park Project
Brunswick County OEM #960008

Dear Mr. Dorney:

I have received a copy of your memorandum addressed to Mr. John Parker concerning the above matter. The small
amount of dredging needed to complete the access to the public park established by the Town of Belville must be
approved so that this important project can be completed. I, along with other members of the legislative delegation,
have worked hard to bring this project to completion, and I am very disturbed that you would use an objection at
this time. 1 respectfully ask that you reconsider your position and take steps to come up with a plan which will
allow completion of the access to the Belville Park.

I look forward to hearing from you.

With my best wishes, I am

Very sincerely,

<<~c- ~JJ.

R. C. Soles, Jr.

RCSjr/jl

cc: Secretary Jonathan B. Howes, DEHNR
Mr. A Preston Howard, Jr.. P. E. Director V
Environmental Managment

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REPRESENTATIVE E, DAVID REDWINE

MINORITY WHIP
14TH DISTRICT

COMMITTEES:

OFFICE ADDRESS: ROOM 1420 LEGISLATIVE BUIL.DING
RALEIGH. N. C, 27601-t096
919'733-5806

BUSINESS AND LABOR
TRAVEL AND TOURISM SUBCOMMITTEE
APPROPRIATIONS
JUSTICE AND PUBLIC SAFETY SUBCOMMITTEE
JUDICIARY II
WAYS AND MEANS

HOME AOORESS: 1700 FRINK STREET
OCEAN ISLE BEACH. N, C. 28469
910-579-2169'RES.
910-754'4326-Bus.

April 16, 1996

John Dorney
NC Department of Environment, Health
and Natural Resources
Division of Environmental Management
4401 Reedy Creek Road
Raleigh, NC 27607

RECEIVED

APn 1 8 1996
ENviRONMENTAl <:"
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Dear Mr. Dorney:

It is my understanding that your Department has denied a request from the Town of
Belville to dredge an area near their boat landing in the Belville Town Park.

Please let me know why the Town's request was denied and if there is any way it could
be reconsidered.

Thank you in advance for your consideration in this regard.

EDR:jwl

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management

James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director

March 29, 1996

MEMO

To:

John Parker, DCM d

John Dorney, DEG\W-- J

Water Quality comments
Town of BelvillelBelville Access Park project
Brunswick County
DEM # 960008

From:

Re:

DEM opposes this project which plans to dredge a channel to the Brunswick River.
N.C. Division of Marine Fisheries staff have stared that this dredging would remove the
use of this Primary Nursery Area. Therefore this activity would violate the
Antidegradation Water Quality Standard.

Please call me at 733-1786 if you have any questions.

cc: Wilmington DEM Regional Office
Central Files

960008.dcm

Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer' 50% recycled/10% post consumer paper

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To: John Dorney
Planning Branch

DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS

REVIEWER: GREGSO~
WQ SUPERVISOR: ADKINS
DATE: January 18, 1996

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WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 96 PERMIT NO.: 960008 COUNTY: Brunswick
PROJECT NAME: Town of Bellville I Bellville Access Park Dredging
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA: January 5, 1996
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030617
*STREAM OR ADJACENT WATER BODY: Brunswick River
CLASS: SC STREAM INDEX #: 18-77
*OPEN OR CLOSED: Closed
WL IMPACT: No WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST:
WL SCORE: N/A
MITIGATION: N/A MITIGATION TYPE: N/A
MITIGATION SIZE: N/A RATING SHEET ATfACHED?: N/A
RECOMMENDATION:Dooy
STORMW ATER PLAN REQ'D: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to dredge a channel in the Brunswick River to
provide better access to an existing public boat ramp.

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WATER OUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #3025

SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: NI A
TO BE PERMITIED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A

WATERlWETLAND 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
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes

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960008.J an
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 PERMIT RESTRICTIONS:

The proposed project will result in the loss of approximately 18,000 sq. ft. of Primary
Nursery Area shallow bottom habitat. Such a proposal is inconsistent with 15A NCAC 2B
.0201. It is therefor recommended that the project and the 401 Certification be denied.

cc: Central Files
Wilmington Regional Office Files
DCM-Brooks
John Parker

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It:< '. ~orth Carolina De WATi:~;'::~lITY
.,,~. Health, and Naturfla~ment of Environment
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MAR-05-'96 TUE 09:56 ID:

TEL NO:

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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Marine Fisheries

AVA

DEHNR.

James B. Hunt, JI'., Governor
Jonathan B. Howes, Secretary
Bruoe L.. Freeman, Director

15 February 1 996

J'!Ie:MORAND\lM

TO:

John Parker

FROM:

THRU:

5U5JECT:

CAMA fDREDGE & FILL Permit Applleetlon Review
Town Of ~ellvllle/Bellvllle Access Park Dredging

The following comments by the Division of Marine FisheriGs are provided plmnumt to G.$. 113-131.
This agency objects to the proposed project based on thu following.

This portion of the Brunswick River Is a designated Primary Nursery Area (PNA). PNA's f
established and protected as fragile estuarine areas which support juvenile populations of 8ConOmjc~
important seafoof.1 species. During the pre-application meeting on 31 March 1994, the applicant was tq I
and they agreed, that the Division of Marine Fisheries would oppose any attempt to dredge In thl$ p~
A!il a result of this aoreement. no condition was placed on the 8tate permit #95-94. The DivisiDn of Mar
F;$hori.. wo. ....".d ,hot the w..... w.r. d... enough tor 'hi. _n""nl'. noed. and that dreclg;ng we
not be noedocJ. [ .

It is the position of the Division of Marine Fisheries that new dredging in a PNA destroY$ $ensi~
habitat. Organisms utili2!!e these areas during the periods when they are very sensitive to water qual~ .
Accordingly, the Divi$ion of Marine Fishoric3 stronglv recommend5 donial of this modification to 81i e
permit #95.94. f
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P.O. BOle: 769, Morehead City, North Carolina 28567-0769 Telepnone 919-726-7021 FAX [phone]
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Wilmington Regional Office
Division of Coastal Management

TEL NO:

t:l439 Pl2J2

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Jamos B. Hunt, Jr., Governor
Jonathan 8. Howes, Secmary
Roger N. Schecter, Direotor

AVA
DEHNR
RECEIVED

January 3t 1996

MJ!;MORANDlJM:
TO:

Mr. Bruce Freeman1 Director
Division of Miuine Fisheries

.r.,tl'fr 26 1996
Dl~ OE MARINE F1StiERJSS
. '\0 __~ . .

FROM:

10hn R. Parker
Major Pennits Processing COOrdinator

SUBJECT:

AppBcant: Town ot BellvD1e!BeUvllle' Access Park Dredging

Projed; Location: NC Hwy 133, AppIOX 1/2 me s. of BellvIDe, adj to the Brun
Brunswiok County

Froposed Project: To modify existing state pennit #95-94 to authorize the excavation. of an access
channel in the Bmnswick Rivert to facilitate the use of the newly constructed
public boat ramps and recreational park

Plaa&e indicate below your agency's position or viewpoint on the proposed project and return this form
by January 24~ 1996. If you have any questions regarding the proposed project, please contact Ed
Brooks at extension 241. When appropriate. in--depth comments with supporting data is requestea. .

REPLY;

_ This agenoy baB no objection to tbe project aB proposed.

__ Thi.s agency bas no comment on the proposed project.

~ This agency approves of the project only if the reooaunended changes are
inC01POl'8ted. See attached.

/ Tbis agency objects to the project for reasons described in the attached comments.

SIG

DATE I -~5,;1 b

127 Cardinal Drive Extension, WIlmlnQton, N.C. 28405-3845. Telephone [phone] . Fax 910-:350.2004
An Equal Opportunity' Affirmative Action Emplover

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MmfORANDOM

January 23, 1996
TO: John Parker
THROUGH: Rich Carpent.er
FROM: Fritz Rohde

SUBJECT: Ballville AOOeBg Park Dredging

The Division ot xarine Fisheries objects to this project. _
The Brunswick River is a designated primary nursery area and is '
very product.ive. The applieant. waR told I at the time of the
initi~l permit. applioGtion that. the Divi,ion would be opposed t.o
any dredging in this nursery area. we w~re assured that it. would.
not be needed. The Division concurs wit~ this assessment 51nf;e
t.hore is still about 2 ft of water at MJ;fi, enouoh water for small
boat. to utilisG ~ho ramp.

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UNITED STATES POSTAL SERV7~IL%

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PENALTY FOR PRIVATE
USE, $300

Print Sender's name, address~IP Code in the space below.
John Dorney ~iro. Sciences Branch

4401 Reedy Creek Road

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1. 0 ,Show to. liYhOm dellverltt;li date, and addressll~" address. 2. 0 Re$trlctedDellvery
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3. ArticIlFAddressed;to: 4. Article Number

Kenneth. Hesser, , Mayor
Tow~,of Belville
175 Main Street
Beh.tille,&IC 28451

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