20000419 Ver 1_COMPLETE FILE_20000328

?? of North Carolina
4partment of Environment
and Natural Resources
- Division of Water Quality
r
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
D E N R
August 2, 2000
DWQ# 00-0419
Pender County
Rodney L. Simpkins
1034 Mallard Bay Road
Hampstead, NC, 28 443
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Simpkins:
You have our approval, in accordance with the attached conditions and the conditions listed below, to dredge and place till
in 0.88 acre of wetlands and shallovS bottom in order to perform maintenance dredging of Mallard Bay and to place groins on
your property in Pender Countyj.as.,you described in your application dated 28 March 2000. After reviewing your application,
we have determined that this fill is covered by General Water Quality Certification Number 3112. This Certification allows to
use your CAMA Permit when the NC Division of Coastal Management issues it. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying
CAMA Permit expires unless otherwise specified in the General Certification. This Certification replaces the one issued to you
on May 18, 2000.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions.
If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification and the following condition:
1. The waterward extent of the groins shall not exceed the length permitted by the Division of Coastal Management.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
T. Stevens
Non-Discharge Branch 1621 Mail Service ?OlKerr
Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Doug Huggett, DCM
John Domey
Central Files
File Copy
Laura Stasavich, P.O. Box 2522, Wilmington, NC, 28402
Brian McGinn, NC Attorney General's Office
000419
5Oellu0
FILE??
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North Carolina
Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Donna D. Moffitt, Director
April 6, 2001
MEMO TO: Joanne Steenhuis, DWQ - Wilmington
Linda Lewis, DWQ - Wilmington
John Domey, DWQ - Raleigh
Jerry Parker, DCM - Wilmington
Dan Sams, DLR - Wilmington
Fritz Rohde, DMF - Wilmington
Bennett Wynne, WRC
Gina Brooks, DEH
Lillette Moore, COE - Wilmington
Kathy Mathews, EPA - Atlanta
Ron Sechler, NMFS
FROM: Doug Hugge
Major Permi Coordinator
ern
NCDENR
APR 1 9 2001
croyiY
SUBJECT: CAMA Major Permit Application submitted by Mallard Bay
Homeowners Association (Rod Simpkins), Pender County
Mr. Simpkins, on behalf of the Mallard Bay Homeowners Association, has indicated to
this office that the applicants wish to modify the originally proposed project that you
have already reviewed (see attached field investigation report detailing project as
originally proposed). These two revisions are outlined as follows:
1) A relocation of the proposed spoil disposal area. The new area is located adjacent
to SR 1566, as indicated on attached workplan drawing 7 of 11 dated revised
4/2/01. Mr. Simpkins indicates that there are no wetlands located on the site. The
8" dredge pipeline will access the site by crossing through a 24" culvert located
on SR 1566 (the applicant is aware that an encroachment agreement will be
necessary from NCDOT prior to proceeding with this proposal). The disposal
area dike walls will be a minimum of 30 feet from the normal high water level,
and Mr. Simpkins estimates that the disposal area will be 40,000 square feet in
size with 6 foot high dike walls (see attached workplan drawing 8 of 11 dated
revised 4/2/01), resulting in a internal volume of approximately 8,889 cubic yards.
The estimated amount of material to be deposited into the spoil area from both
this project as well as the project authorized by CAMA Permit No. 125-00 is
approximately 4,800 cubic yards. Mr. Simpkins has also indicated that he
anticipates that the work will progress slowly due to the volume of material to be
moved and the relatively small size of the pipeline.
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
AN EQUAL OPPORTUNITY \ AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 10% POST CONSUMER PAPER
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2) A request that DCM eliminate for the time being the jetty portion of the proposed
project. However, Mr. Simpkins made it clear that "this request will not diminish
our efforts to get approval for the North End Jetty". It is anticipated that, should
the dredging portion of the project receive appropriate approvals, the applicants
will pursue a hydrological modeling study of the jetties, to aid in determining the
impact that the jetties may have on circulation patterns Middle Creek.
I would,,44ke to request that you review the attached information and provide any
comments that you may have to me no later than April 27, 2001. Please contact me
should you have any additional questions concerning this proposal.
cc: DCM - Morehead City

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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Rodney Simpkins PROJECT: Mallard Bay Dredging Project
2. LOCATION OF PROJECT SITE: Mallard Bay Road, Hampstead, Pender County
Photo Index -1M: 26-324 GR Q-15, 16 IM: 4 1716 GR W-14, 15
State Plane Coordinates - X:2 412 800 Y: 234 600
3. INVESTIGATION TYPE: CAMA D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: March 20, 2000
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County Land Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES,
(C) Water Dependent: Yes
(D) Intended Use: Maintenance Dredging
(E) Wastewater Treatment: Existing - Septic Tanks
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - Dredging & Groins
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTRF.R
(A) Vegetated Wetlands excavated
1800 sf
(B) Non-Vegetated Wetlands
Shallow Bottom To Be Dredged
B
T
B
I
d B
Ri 30,000 sf Q
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ottom
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mpacte
y
p-Rap -L \ 800s f 0 %
Bottom To Be Impacted B Groins ° 5600 sf
(C) Other
High Ground Disposal Area 30,000 sf
(D) Total Area Disturbed: Approximately 1.5 Acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
PROJECT SUMVIARY: The applicants are proposing to perform maintenance dredging of an entrance
channel, canal and private boat basins fronting their properties. Two, 300'-long, vinyl groins are
proposed along the entrance channel.
Page 2

* THIS PROJECT WAS SUBMITI m FOR REVIEW IN 1998 AND THEN PLACED ON HOLD.
IT IS NOW BEING CIRCULATED AGAIN WITH SOME CHANGES TO THE OVERALL PLAN.
9. PROJECT DESCRIPTION: This project is located on Mallard Bay Road, North of the Village of
Hampstead in Pender County. The property can be reached from Highway 17 by turning onto Country
Club Road or Sloop Point Loop Road. The area is just North of Harbor Village Marina, behind
Belevedere Plantation Subdivision. The lots border a small man-made canal off of the Atlantic
Intracoastal Waterway.
Twenty-one private property owners are involved in the project, each one owning a small, residential lot
bordering the canal. These lots are shown as "C" through "18" on sheet 2 of 9 of the project drawings.
Almost all of the lots are developed with houses, out buildings, driveways, landscaping, piers and docks.
The elevation of the land is a few feet above the normal water level. An average size lot is 300' long by
50' wide. The lots are served by individual water supply wells and septic systems.
These 21 property owners are applying to do maintenance dredging of the canal and the channel that
connects the canal to the Waterway (AIWW). In addition, these property owners are applying to
construct two 300' long parallel groins along the entrance channel in an attempt to maintain the dredged
depth.
The application indicates that the channel and canal were dug through marsh in 1960 and have remained
functional until the last few years.
The existing canal on the AIWW side of the properties is used by these residents for water access. The
canal is about 20' wide. Approximately 1100 to 1200 linear feet of the canal is involved in this project.
The existing water depths at low tide are 0 to -1'. The canal has experienced severe shoaling over the
past few years resulting in navigation limitations, especially at low or mid-tides. Coastal wetlands,
SDarfina ale iflora marsh, has been growing and migrating onto the sand shoals where the canal meets
the entrance channel. This marsh growth has made navigation from the channel around the comers into
the canal almost impossible. The applicants are proposing to move this marsh out of the way and
transplant it in the areas listed as "Transplant Area I" and "Area H" as indicated on Sheet 5 of 9 of the
project drawings.
There are seven small boat basins along the canal in the project area. Most of these basins are also
shoaled in and some are partially colonized in marsh grass. Maintenance dredging of these basins is
included in this project. About 700-1000 square feet of marsh would be excavated in these basin areas.
Portions of the shoreline around the boat basins are eroding and need to be properly stabilized prior to
the basins being dredged.
The existing entrance channel connects the canal with the AIWW. The entrance channel is approximately
20' to 25' wide and 300' long to get to an existing water depth of -4' at low tide. The existing water
depths at low tide are 0 to -3' in the 300' long portion to dredged. According to the applicant, the
Spar ina ltemiflora marsh is also encroaching or migrating into the channel, causing the open water
channel to be more narrow than it once was. However, no marsh removal is proposed in the area along
the channel.
image 3
The applicant has proposed the construction of two vertical vinyl groins, one on each side of the channel.
The groins are to be located between the existing marsh and the open water with the intention being to
stop the migration of the marsh and' help maintain the dredged depth of the channel.- No back fill is
associated with the groins. They would be free-standing units, supported by tie back rods where
necessary. The applicant is applying to extend the groin systems a little over 300 from the entrance to
the canal. See sheet 2 of 9 of the project drawings. The 300' length would put the groins in line with
some existing piers to the south of the project as depicted on sheet 2 of 9.
Also proposed is placement of rip-rap rock as depicted on the drawings, sheet 2 of 9. This is proposed
with the idea that the rock will slow the scouring of the marsh at the groin/marsh interface. The rip-rap
rock would be approximately 5-10' wide and of sufficient size to remain in place within the tidal zone.
If the dredging project is accomplished, the canal would be -4' deep at mean low water and the entrance
channel would be -4' at mean low water. The dredging project would be accomplished by use of a
hydraulic dredge. The material to be dredged is sand and muck. The applicant has calculated that
approximately 3047 cubic yards of material needs to be removed to reach the desired depths of -4' at low
tide. The spoil material would be pumped to a site on the other side of Middle Creek in Middle Point
Subdivision. A spoil containment dike with riser pipe and outlet must be constructed to handle the spoil
material. Adequate sedimentation measures would be required around the edges of the dam or dike.
The spoil material would be dewatered within the dike until sufficient drying occurred that the material
could be spread out over the lots and seeded.
The waters of the AIWW in this area have been designated as Primary Nursery Area by the Division of
Marine Fisheries. There are live shellfish in the area to be dredged and the waters are open to the taking
of shellfish as determined by Shellfish Sanitation. The waters in this area have been classified as SA by
the Division of Water Quality.
10. ANTICIPATED IlVIPACTS
Possible navigational impacts need to be reviewed in conjunction with the proposal to construction the
300' long groins. To this writer's knowledge, no engineering work has been done relative to the location
of the proposed groins, height, methods of stabilization, etc. This writer's expertise does = include
being able to evaluate the potential for failure or success of this design. It is unknown whether these
groin structures could cause undue interference with U. S. Army Corps of Engineers' projects in the
AIWW.
Disturbance of the shallow bottom by dredging will likely result in mortality of any and all creatures in
contact with the operation. Turbidity will likely result from the dredging. The dredging will affect about
30,000 square feet of shallow bottom. As much as an acre plus of high ground may be disturbed by the
spoil disposal part of this project. Approximately 1800 square feet of Spa_rtina lte iflora marsh will be
excavated as a result of the dredging proposal. This writer does not recommend that marsh grass be
"replanted" in Transplant Area I, since that area is actively colonizing in marsh on its own. Human
intervention in this area could prove to be more harmful than helpful. Transplant Area II is open to the
AIWW and receives regular overwash from boat wakes. The potential success of establishing or re-
establishing marsh in Area II is unknown.
Janet M. Russell / Wilmington / March 20, 2000
REPLY TO
ATTENTION OF:
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403
October 17, 2000
Action ID No. 200001048 and State Permit No. 125-00
Mr. Rodney L. Simpkins
1034 Mallard Bay Road
Hampstead, North Carolina 28443
Dear Mr. Simpkins:
Reference your application for a Department of the Army permit to maintenance dredge
the existing basin and canal, and place riprap and two vinyl groins adjacent to the Intracoastal
Waterway, in the Mallard Bay subdivision in Hampstead, Pender County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction activity
in strict accordance with applicable State authorization and the enclosed plan. Failure to comply
with the State authorization or conditions of the general permit could result in civil and/or
administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to Jeff Richter, Regulatory Division, telephone
[phone].
Sincerely,
G. Wayne Wright, Chief
Regulatory Division
Enclosure
Copies Furnished (with encl):
Chief, Source Data Unit
NOAA\National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-West Hwy, Rm. 7316
Silver Spring, Maryland 20910-3282
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. William L. Cox, Chief
Wetlands Section - Region 1V
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
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
Commanding Officer
United States Coast Guard
Marine Safety Office Wilmington
1502 North 23"' Street
Wilmington, North Carolina 28405
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dr. Garland B. Pardue, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
COAST GUARD REGULATIONS APPLICABLE TO DREDGE OPERATIONS
Below is a list of regulations which are applicable to dredge operations in the COTP Wilmington
zone. This list is not all-inclusive. We encourage dredge companies to schedule a meeting with
members of the USCG staff, in order to be provided amplifying information or answers to any
questions that may exist. We also strongly encourage all Uninspected Towing Vessels (UTV)
associated with each dredging operation to participate in the USCG's UTV Voluntary
Commercial Dockside Examination program. Please contact LT Dave Brown of the USCG staff
at [phone], extension 108, to coordinate a meeting or dockside exam.
1. Lights on dredge pipelines (33 CFR 88.15)
2. Lights on barges at a bank or dock (33 CFR 88.13)
3. Lights and Shapes (33 CFR 84.11-13)
4. Mooring Buoys (33 CFR 62.35)
5. Special Marks (33 CFR 62.3 1)
6. Uninspected Towing Vessel's (UTV) Licensing Requirements (46 CFR 15910 & 15.815)
7. UTV Drug Testing Requirements (33 CFR 4.06 & 4.03-2)
8. UTV Marine Radar Requirement (33 CFR 164.01(b) & 164.72)
9. UTV Certificate of Documentation (33 CFR 173.21)
10. UTV Marine Casualty Reporting Criteria (46 CFR 4.05-1)
11. Dredge or UTV Advance Notice of Transfers (33 CFR 156.118)
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Re: rod simpkins fax
Subject: Re: rod simpkins fax
Date: Wed, 19 Jul 2000 17:25:45 -0400
From: Joanne Steenhuis <Joanne.Steen [e-mail]>
To: John Dorney <[e-mail]>
CC: Danny Smith <[e-mail]>
John,

I still believe that they do not need a bulkhead/groin to extend any
further than the end of the marsh (they have not dredged in a number of
years and I do not see the significance of allowing the groin/bulkhead
further out). If perchance you agree that he can extend further out into
the waterway, I still believe that they need to have the groin be a
breakwater type system.
If they really want to increase the flushing of the adjacent Middle
Creek, then I would suggest they fill in their canal as it usurps water
from the creek and therefore slows the flushing.
John Dorney wrote:
> any conclusion from reviewing the fax i sent you on july 11 regarding
> rod simpkins project? the fax included a letter from spencer rogers
> from Sea Grant. he is calling. please advise ASAP. thankx
F anne Steenhuis <[e-mail]>

61J
1 of 1 7/21/00 8:16 AM
,«.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
j? grgrFS REGION 4
' Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
P
Atlanta, Georgia 30303 - 8960
Jul z 8
Colonel James W. DeLony
District Engineer
ATTN: Mr. Jeff Richter
Regulatory Field Office
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
SUBJ: Rodney L. Simpkins
Action I.D. No. 200001048
Dear Colonel DeLony:
oooLll ?
AUG 2 2f1[?i.€
This is in response to the above-referenced state field invesi:i.gation report ("Report"),
dated April 18, 2000, for the proposed maintenance dredging of an entrance channel, canal, and
private boat basins.. According to the Report, the project is located adjacent to the AIWW, along
Mallard Bay Road, in Hampstead, Pender County, North Carolina. Mitigation is proposed in the
form of transplantation of marsh vegetation.
On May 4, 2000, The U.S. Environmental Protection Agency, Region 4 Wetlands Section
(EPA) recommended that the project, as proposed, not be authorized. EPA revised our
recommendations on this project in a letter dated May 24, 2000, to state that we do not object to
the dredging of the man-made canal and entrance channel, although we remained concerned from
impacts of the construction and maintenance of the jetty on the adjacent marsh. We
recommended that Mr. Simpkins seek concurrence from a certified engineer, as to the jetty's
design and stability. Further, we recommended that the applicant be required to submit for
approval a compensatory mitigation plan for the marsh restoration, which includes restoration of
Marsh Transplant Area II in accordance with recommendations made by National Marine
Fisheries Service, in their letter dated May 9, 2000.
Mr. Simpkins responded to our comments in a letter dated July 14, 2000. In his response,
he included a letter from Mr. Spencer Rogers of the North Carolina Sea Grant Extension
Program, stating that he does not believe that the shoreline process will be adversely affected by
the jetties.
Based upon the information which was submitted with the July 14, 2000 letter, and other
previously-received information, EPA no longer objects to authorization of this project. We
continue to recommend that the applicant be required to submit for approval a compensatory
2
mitigation plan for the marsh restoration, which includes restoration of Marsh Transplant Area II,
as discussed above.
Thank you for the opportunity to comment on this project. If you have any questions
regarding these comments, please contact Kathy Matthews at the above address or by telephone
at [phone].
Sincerely,
William L. Cox, Chief
Wetlands Section
cc: DWQ/NCDENR, Raleigh
DCM/NCDENR, Wilmington
NCWRC, Raleigh
USFWS, Raleigh
NMFS, Pivers Island
State of North Carolina
Department of Environment
and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Donna D. Moffitt, Director
March 27, 2000
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
MEMORANDUM:
TO: Mr. John R. Dorney, NCDENR 2 g 2000
Division of Water Quality
4401 Reedy Creek Road
Y WETLANDS GROUP
Raleigh, NC 27611-7687 ATER QUALITY SECTION -
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review ' ()00419
Applicant: Rodney Simpkins/Mallard Bay Dredging Project
Project Location: Mallard Bay Road, Hampstead, NC, Pender County
Proposed Project: To perform maintenance dredging of an entrance channel, canal and private boat
basins fronting their properties. Two, 300' long, vinyl groins are proposed along
the entrance channel.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by April 20, 2000. If you have any questions regarding the proposed project, please contact
Janet M. Russell at extension 249. 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.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Dr. Ext., Wilmington, North Carolina 28405 Telephone [phone] FAX [phone]
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Rodney Simpkins PROJECT: Mallard Bay Dredging Project
2. LOCATION OF PROJECT SITE: Mallard Bay Road, Hampstead, Pender County
Photo Index - 1995: 26-324 GR Q-15, 16 1M: 4 171 6 GR W-14, 15
State Plane Coordinates - X:2 412 800 Y: 234 600
3. INVESTIGATION TYPE: CAMA D&F
®O
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - cc: March 20, 2000
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County Land Use Plan
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW, ES,
(C) Water Dependent: Yes
(D) Intended Use: Maintenance Dredging
(E) Wastewater Treatment: Existing - Septic Tanks
Planned - N/A
(F) Type of Structures: Existing - N/A
Planned - Dredging & Groins
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
T)RRnr.'P1-) FTT T RT,

'r?ITf!' ('i ,r `i h3N
r)rFT-=D
(A) Vegetated Wetlands excavated
1800 sf
(B) Non-Vegetated Wetlands
Shallow Bottom To Be Dredged 30,000s
f
Bottom To Be Impacted By Rip-Rap 800s
f
Bottom To Be Impacted B Groins 5600 sf
(C) Other
High Ground Disposal Area 30,000 sf
(D) Total Area Disturbed: Approximately 1.5 Acres
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: Yes
PROJECT SUMMARY: The applicants are proposing to perform maintenance dredging of an entrance
channel, canal and private boat basins fronting their properties. Two, 3001-long, vinyl groins are
proposed along the entrance channel.
Page 2
* THIS PROJECT WAS SUBMITTED FOR REVIEW IN 1998 AND THEN PLACED ON HOLD.
IT IS NOW BEING CIRCULATED AGAIN WITH SOME CHANGES TO THE OVERALL PLAN.
9. PROJECT DESCRIPTION: This project is located on Mallard Bay Road, North of the Village of
Hampstead in Pender County. The property can be reached from Highway 17 by turning onto Country
Club Road or Sloop Point Loop Road. The area is just North of Harbor Village Marina, behind
Belevedere Plantation Subdivision. The lots border a small man-made canal off of the Atlantic
Intracoastal Waterway.
Twenty-one private property owners are involved in the project, each one owning a small, residential lot
bordering the canal. These lots are shown as "C" through "18" on sheet 2 of 9 of the project drawings.
Almost all of the lots are developed with houses, out buildings, driveways, landscaping, piers and docks.
The elevation of the land is a few feet above the normal water level. An average size lot is 300' long by
50' wide. The lots are served by individual water supply wells and septic systems.
These 21 property owners are applying to do maintenance dredging of the canal and the channel that
connects the canal to the Waterway (AIWW). In addition, these property owners are applying to
construct two 300' long parallel groins along the entrance channel in an attempt to maintain the dredged
depth.
The application indicates that the channel and canal were dug through marsh in 1960 and have remained
functional until the last few years.
The existing canal on the AIWW side of the properties is used by these residents for water access. The
canal is about 20' wide. Approximately 1100 to 1200 linear feet of the canal is involved in this project.
The existing water depths at low tide are 0 to -l'. The canal has experienced severe shoaling over the
past few years resulting in navigation limitations, especially at low or mid-tides. Coastal wetlands,
Sparrina altP iflora marsh, has been growing and migrating onto the sand shoals where the canal meets
the entrance channel. This marsh growth has made navigation from the channel around the corners into
the canal almost impossible. The applicants are proposing to move this marsh out of the way and
transplant it in the areas listed as "Transplant Area I" and "Area H" as indicated on Sheet 5 of 9 of the
project drawings.
There are seven small boat basins along the canal in the project area. Most of these basins are also
shoaled in and some are partially colonized in marsh grass. Maintenance dredging of these basins is
included in this project. About 700-1000 square feet of marsh would be excavated in these basin areas.
Portions of the shoreline around the boat basins are eroding and need to be properly stabilized prior to
the basins being dredged.
The existing entrance channel connects the canal with the AIWW. The entrance channel is approximately
20' to 25' wide and 300' long to get to an existing water depth of -4' at low tide. The existing water
depths at low tide are 0 to -3' in the 300' long portion to dredged. According to the applicant, the
Snartina altemiflora: marsh is also encroaching or migrating into the channel, causing the open water
channel to be more narrow than it once was. However, no marsh removal is proposed in the area along
the channel.
rarc a
The applicant has proposed the constriction of two vertical vinyl groins, one on each side of the channel.
The groins are to be located between the existing marsh and the open water with the intention being to
stop the migration of the marsh and help maintain the dredged depth of the channel. No back fill is
associated with the groins. They would be free-standing units, supported by tie back rods where
necessary. The applicant is applying to extend the groin systems a little over 300 from the entrance to
the canal. See sheet 2 of 9 of the project drawings. The 300' length would put the groins in line with
some existing piers to the south of the project as depicted on sheet 2 of 9.
Also proposed is placement of rip-rap rock as depicted on the drawings, sheet 2 of 9. This is proposed
with the idea that the rock will slow the scouring of the marsh at the groin/marsh interface. The rip-rap
rock would be approximately 5-10' wide and of sufficient size to remain in place within the tidal zone.
If the dredging project is accomplished, the canal would be -4' deep at mean low water and the entrance
channel would be -4' at mean low water. The dredging project would be accomplished by use of a
hydraulic dredge. The material to be dredged is sand and muck. The applicant has calculated that
approximately 3047 cubic yards of material needs to be removed to reach the desired depths of -4' at low
tide. The spoil material would be pumped to a site on the other side of Middle Creek in Middle Point
Subdivision. A spoil containment dike with riser pipe and outlet must be constructed to handle the spoil
material. Adequate sedimentation measures would be required around the edges of the dam or dike.
The spoil material would be dewatered within the dike until sufficient drying occurred that the material
could be spread out over the lots and seeded.
The waters of the AIWW in this area have been designated as Primary Nursery Area by the Division of
Marine Fisheries. There are live shellfish in the area to be dredged and the waters are open to the taking
of shellfish as determined by Shellfish Sanitation. The waters in this area have been classified as SA by
the Division of Water Quality.
10. ANTICIPATED EMPACTS
Possible navigational impacts need to be reviewed in conjunction with the proposal to construction the
300' long groins. To this writer's knowledge, no engineering work has been done relative to the location
of the proposed groins, height, methods of stabilization, etc. This writer's expertise does Ili2i include
being able to evaluate the potential for failure or success of this design. It is unknown whether these
groin structures could cause undue interference with U. S. Army Corps of Engineers' projects in the
AIWW.
Disturbance of the shallow bottom by dredging will likely result in mortality of any and all creatures in
contact with the operation. Turbidity will likely result from the dredging. The dredging will affect about
30,000 square feet of shallow bottom. As much as an acre plus of high ground may be disturbed by the
spoil disposal part of this project. Approximately 1800 square feet of Spartina alterniflrra marsh will be
excavated as a result of the dredging proposal. This writer does not recommend that marsh grass be
"replanted" in Transplant Area I, since that area is actively colonizing in marsh on its own. Human
intervention in this area could prove to be more harmful than helpful. Transplant Area II is open to the
AIWW and receives regular overwash from boat wakes. The potential success of establishing or re-
establishing marsh in Area II is unknown.
Janet M. Russell / Wilmington / March 20, 2000
Form DCM-MP-1 APPLICATION

(To be completed by all applicants)
VS GROUP
U',' ITY SECTION
1. APPLICANT
a. Landowner: Se'e 0140
Name 4Jly y I ?. S"in?i? K/NS
Address /03 City IJA fn Y6-X State
Zip 8`` 3 Day Phone lb a7a-y414
Fax s!61 le Q 191 1(5 ') 32-93
b. Authorized Agent-
Name
Address
City
Zip
Fax
Day Phone
State
c. Project name (if any) 3,4 cd - o h d
N07F. Permit will be issued in name of kandowner(s), and/or
project name.
2. LOCATION OF PROPOSED
b. City,, Twn, commum or landmark
ffA m? 57?"F/'7 /ICs
c. Street address or secondary road number
- Al, L /S? 6
d. Is proposed work within city limits or planning
jurisdiction? Yes _X No
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) /4 / W Ld
Cl; A WNV- / - M,4 a)V r, _2y
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 fillip activities. ?
D/
3
= u?'rc
b. Is the proposed activity maintenance of an existing
project, new work, or both? L irN-
c. Will the project.be for public, private or commercial
use? 2 p- %4 T /4NC. ©w.v s
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. tl) &L 4:6-cfiu
T?V LJ A//S At J IIA1^aKY1 AI Elie
PROJECT c -
/ C /1Ah' VC? ;
C
a. County E- PA/ q' EP- R! 11 U
MAR - 2 2000
Revised 03/95 DIVISION OF
r1AfAT• a .....- ---
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
i
a. Size of entire tract /?66
,
b. Size of individual lot(s) SD /x ZSD?
3w-75'
c. Approximate elevation of _Aract above MHW or
NWL b
d. Soil type(s) and text ur (s) of tracts
e. Vegetation on tract __?C/J?ce?P/_/
f. Man-made features now on tract Iica?%
g. What is the CAMA Land Use Plan land
classification of the sites? (Consult the local land use plan.)
Conservation "/ Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government.)
[
i
i. Is the proposed project consistent with the applicable
zoning? Yes No
(Attach zoning compliance cenTifecate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes No
If yes, by whom?
i
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yesl _ No
1. Are there wetlands on the site? Yes No
Coastal (marsh) X_ Other
If yes, has a del ineation.been conducted?
(Attach documentation, if available)

Revised 03/45 F
m. Describe existing wastewater treatment facilities.
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 ischarges.)
o. Describe existing drinking water supply source.
i r U#4
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 I1" 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-MJP-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
Address
Phone
Name
i?E ?aGt>?2s
Address
Phone >,-7o-420V
' -
Name /nn'c'/}/nh Crac?u:cnl
Address
Phone .2
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
• 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 land's, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03/95
Wa ,
6. CERTIFICATION AND PERNfISSION
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.
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 day of Tfin?.- all Print Name /Vpv
- %
Signature a
w
er Authorized Ag
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.
EUBIVE
...2 2000
D
DIVISION OF
(! CAST
Form DCM-MP-2
EXCAVATION
AND FILL
(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.
Average Final
Eidsting Project
Length Width Depth Depth
Access
-chwikiel
MLW) r (NWL)
Canal
Boat S
basin
Boat
ramp
Rock
groin
Rock
breakwater
Other
(Excluding
shoreline
stabilization)
3 J11 L1a1

l oti
1
8 r
?Lw
aS Z5 /. s 41'/hLly
a; ao i, s yr
?Zs 2s a. s y'

1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards...
1
b. Type of material to be excavated 4 kd d l t
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
2. DISPOSAL OF EXCAVATED
MATERLU
a. Location of disposal area A'4d& ?40?c uE /Ilr-r'
b. Dimensions of disposal area %vb X Z b o
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? Yes ;7 No Cky s a r-c
If yes, where?

Revised 03/95 `
Vi
Form DCM-MP-2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes _, L No
f. Does the disposal include any area in the water?
Yes_ No
pp
If Yes,
(1) Amount of mat " ;, 'Wed in the
water _...___.. ,
(2) Dimensions of fill area
(3) Purpose of fill
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead _5? Riprap -f3A-*K/w,-fE,c
b. Leng h A T ? uw c ?4 f^ = dt ? a= f I ?l SIB orE.
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
c. Average distance waterward of MHW or NWL
S 1 IMAx
d. Maximum distance waterward of MHW or NWL
/S-,
e. Shoreline erosion during preceding 12 months
(Source of information) AI E Y'r' /.3c / c S - /J A . 7?p'S
V
f. Type of bulkhead or rprap material
'_?' o->+ bA/l r -si, ' 179A e P i14 ?•
g. Amount of rill in cubic yards to be placed below
water level
(1) Riprap ?_,
(2) Bulkhead backfill t?
h. Type of fill material T,
i. Source of fill material
5. GENERAL
a. How will excavated or fill material be'kept on site
and erosion controlled? S.'X S Aey Joe I
.5c;
/N ?u ?FNf s EttLE
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
?.
c. Will wetlands be crassed in transporting equipment
to project site? X_ Yes No
If yes, explain steps that will be taken to lessen
environmental impacts. A =
W0?
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
l'
a. Will .fill' material be biought to site?
Yes t No _
So u-g ClVd .
Appli t or Project Name
Signature
; :2C/ Joao
Date
Revised 03/95
Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
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 which relate to
this proposed project.
a. Dock(s) and/or Pier(s)
(1) _ Commercial -Community _, Private
(2) Number
(3) Length
(4) Width
(5) Finger Piers Yes No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) Yes o
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed
(8) Proximity of structure to adjacent riparian
property lines
(9) Width of water body
(10) Water depth at waterward end of pier at
MLW or NWL
b. Boathouse (including covered lifts)
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e g? wood, sheetpile etc.) -3E17Y
(1) Number .2
(2) Length(s) .404 ?1JD
d. Breakwater (e.g. wood, sheetpile, etc.)
(1) Length
Average distance from MHW, NWL or
wetlands
(3) Maximum distance beyond MHW, NWL or
wetlands
e. Mooring buoys Al //?
(1) - Commercial -Community _ Private
(2) Number
(3) Description of buoy
(Color, inscription, size, anchor, etc.)
(4)
(5)
Width of water body _
Distance buoy(s) to
shoreline
be placed beyond
f. Mooring structure (boatlift, mooring pilings, etc.)
(1) - Commercial -Community _ Private
(2) Number
(3) Length
(4) Width g. Other (Give complete description)

C
D
MAR ? 2.'2000
DIVISION OF
^ngcrqL MANAGEMENT
Revised 03/95
Mar-Z4-00 11:43 From-CLARK TEACHEY REALTORS [phone] T-428 P.02/04 F-054
To: CAMA
Attention: Ms. Janet Russell
From: Mr, Tommy Little
Re: Little Division
Middle Pointe Vinage
IF(ampstead. NC
Date March 21, 2000
W. Fred Ross with Ross Dredging has my permission to deposit the spoils from dredging
at Mallard Bay and Middle Creck onto my property (Little Division at Middle Pointe
Village in Harnpstead). The location will be in accordance with the attached drawings.
Mr. Ross is to deposit these spoils in compliance with CAMA regulations.
Sincerely,
ommy Little
Little Division
Middle Pointe Village
MAR i a 2000 D
DIVISION OF
rnacrgL MANAGEMENT

CLARK-TEACHEYREALToRs, INC.
COMMERCIAL • RESIDENTIAL • LAND • DEVELOPMENT
February 11, 2000
, jij
Mr. Fred Ross
Ross Dredging
Dear Mr. Ross:
WETLANDS GROUT'
'NITER UALITY SECTION
Ross Dredging has permission to deposit the spoils from dredging at Mallard Bay and
Middle Creek onto our Middle Pointe property. The location will be in accordance with
the attached drawings. The spoils need to be deposited in accordance with CAMA
regulations.
Sincerely,
Jim..Clark
Sloop Point, LLC
ECEIVE
MAR 2 2000
DIVISION OF
^OASTAL MANAGEMENT

P.O. Box 27 • Hampstead, North Carolina 28443 • 910-270-1839 - FAX [phone]
-,I
II ? /
?pvGiGC S) ?'
I

ECER E
MAR ? 12000
DIVISION OF
?naSTA1_ MANAGEM
sPo? I ;Np? .

v
w
S6
316 c
it 4 4- Ad;yf
103 )4 Mallard Bay Road
Hampstead, NC 28443
March 2, 2000
Janet Russell
Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RE: MALLARD BAY DREDGING PROJECT - South End
!
i)i ROUt
iIY (VTION
Attached is the Mallard Bay-South End revised application, associated drawings, etc., for the
Mallard Bay dredging project. Doug Huggett, State CAMA Director, and I have discussed the
two changes that have been incorporated. He feels much more comfortable with the new plan.
CHANGE #l: A vinyl sheetpile jetty is planned rather than a rip rap groin, as previously
proposed. Doug sees our project as very similar to one recently permitted for the Albemarle
Sound. That project used treated wood jetties to protect the channel. Our project is to be built
using plans and recommendations by Materials International, the manufacturer of the vinyl sheet
piling we will be using. Property owners participating in this project also feel better about the
use of vinyl sheet piling.
CHANGE #2: Relates to spoil disposal. We have worked with the owners of Middle
Point on NC #1563 to use their CAMA-approved spoil site. We will construct a 14,150 sq. ft.
impoundment that should hold all spoil from the south end (as well as from the north end when
that application is submitted and approved.). This plan is superior to the previous use of a state-
owned spoil island.
Please use the attached material to re-activate our permit application to move toward approval
for dredging of the Mallard Bay - South End project site.
Thank you again for all your personal attention and help.
Sin rel ,
Rod Simpkins, Project Coordinator
EIICIOSUreS: Application (e covatim and fill, structures, permission to dredge participauts list, overviewletter, general deed), site drawings, spoil site dead+pe®ssion Itr
DREDGING: Ltr RUSSELL, updated dredging applicatim, Mar 2 2000 C EVE
MAR 2 2000
DIVISION OF
r'ncTAL MANAGEMENT
SUBJECT: MAINTENANCE DREDGING - Mallard Bay South End
CANAL & CHANNEL
DATE: Submit: May 1998, Re-submit: Aug 1999, Re-submit Mar 2 2000
1. PURPOSE: REQUEST FOR MAINTENANCE DREDGING PERMIT To
maintain an existing 38-year old canal and channel that remained very navigable until
Hurricanes Bertha and Fran.
H. SITE OF PROPOSED PROJECT: On west side of AIWW, just north of the coastal
town of Hampstead, at Buoy Marker 94 at Mallard Bay Road, NC 1566
III. PROPOSED DREDGING PROJECT:
A. CANAL - (approximately 1200 feet long x 16 feet wide x 4 feet deep at mean low
tide); canal fronts multiple developed residential properties of non-associated
property owners.
B. CHANNEL - (approximately 300 feet long x 25 feet wide x 4 feet deep at mean
low tide); connects the canal listed in III.A. above, with the AIWW. A vinyl
sheetpile jetty on either side, built to manufacturer specifications would stabilize
Banks of channel to the AIWW.
C. SPOIL DISPOSAL - Spoil will be hydraulically pumped to Middle Point to a
spoil site previously approved by CAM-A.
IV. PARTICIPANTS: a group of individual, non-associated property owners. (SEE
enclosed list of participants). Owners are requesting this permitted activity to improve
the functionality and recreational use of the canal and channel. Our goal is to implement
our plan in a manner that will be consistent with sound environmental management and
prudent use of participants' financial investment.
V. ACTION:
A. CANAL - A small hydraulic dredge will be used to open the canal and channel.
B. CHANNEL - Same as above for CANAL. In addition 2 vinyl sheetpile jetties
will be built to re-establish channel protection lost by the storms of '93 and '96.
(SEE enclosed drawings [2, 3 and 5 and 6] for details).
C. VINYL SHEETPILE JETTY - Jetty construction will be very similar to
projects recently approved by CAMA by Doug Huggett on Albemarle Sound
except that the Mallard Bay - South End project uses vinyl sheetpile rather than
treated wood.
DREDGING: PERMIT DIALOGUE, updated to accompany Application, Mar 2 2000 Pagae I of 2
SUBJECT: MAINTENANCE DREDGING - Mallard Bay South End
CANAL & CHANNEL
DATE: Submit: May 1998, Re-submit: Aug 1999, Re-submit Mar 2 2000
V. ACTION: continued
D. MARSH GRASS - When the channel and canal (Detail A & B) were effectively
closed by Hurricanes Bertha and Fran, marsh grass quickly sprouted and has
encroached on the original channel and canal. It is proposed that marsh grass be
transplanted to areas designated on Drawing 3 of 7. The net gain of marsh grass
is expected to be at least 2 tol in the new areas.
VL OTHER INFORMATION:
When the channel was dug in 1960 it was dug out through firm marsh. The channel
remained basically functional until heavy weather events such as the great storm of
March '93, new and heavy boating activity at Harbor Village Marina (250 yards S of our
site), and Hurricanes Bertha and Fran ('96), Dennis and Floyd ('99). As a result of these
events and activities, the flushing of Middle Creek is very restricted at numerous points
due to various blockages.
The NC Highway Department and ASCS aerial photographs (#26-324 dated 11/26/95) show the
channel and canal clearly, from the original digging to the present time. The current appearance,
however, is that of a ditch or river with only one bank. Our objective is to return the channel to
its original depth, control the refilling by sand, and to provide environmental relief for the proper
flushing of Middle Creek.
SUBMITTED BY:
HAMPSTEAD, NC 28443
[phone] [phone] Raleigh
E C V E
MAR z 2000
D
DREDGING: PERMrr DIALOGUE, updated to accompany Application, Mar 2 2000 O A S TAt4WA*A G E M E NT
1034 MALLARD BAY ROAD
State of North Carolina
Department of Environment ffl:wYVA
•
and Natural Resources A61*
ivision of Water Quality
D
James B. Hunt, Jr., Governor D E N
Bill Holman, Secretary Kerr T. Stevens, Director
Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: [phone]
FAX TO: \ 16 cv\ -QA L.. k-o,rX I FAX NUMBER:
FROM: `
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: --1-) 1

If you receive this fax by mistake call: ESB [phone] or Wetlands [phone].
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
MEMO
TO: Dennis Ramsey
FROM: John Dorn
r ' ct
RE: Rodney Simpkins
Pender County
DWQ # 000419
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Please see the attached material regarding this file. I added a condition to the
401 Certification issued on May 18, 2000 as requested by the Wilmington Regional
Office with respect to the design of these jetties. Mr. Simpkins vehemently objects to
the conditions to the point that he has filed an appeal with OAH after several, separate
meetings with WiRO staff and myself. He also has a letter (attached) from Spencer
Rogers of Sea Grant that is in conflict with the conclusion of the WiRO. My position is
that this one is not worth the OAH fight and we are likely to lose since the water quality
impacts are nebulous at best. In accordance with internal DWQ policy, I am referring
the project to you to resolve.
I will be hard to reach this week and don't know that I need to talk to you about it
anyway. However you will probably want to talk to Joanne and Rick before you decide.
Thankx
Cc: Joanne Steenhuis, DWQ Wilmington Regional Office
File copy
July 24, 2000
U-
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Jul 10 00 04:23p RODNEY SIMPKINS 919 881-9645 p.l
VIA FAX [phone]
JOHN DORNEY
Division of Coastal Management
NC Dept of Environment, Health and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27611-7687
RE: MALLARD BAY DREDGING PROJECT
Dear John:
1034 Mallard Bay Road
Hampstead, NC 28443
[phone] (same FAX)
July 10, 2000

Thank you for the time and attention you gave my assistant and me in your office on July 7
regarding the Mallard Bay Dredging Project. i
As you requested, a letter from Spencer Rogers is attached outlining his thoughts and
professional opinion regarding the flushing of Mallard Bay channels and canals.
We look forward to your quick review and final recommendations regarding the 401
Certification of our project.
Sincerely,
ed Simpkins Tun Godwin
project Coordinator Assistant Prof. Coordinator
Attachments: Ltr. Rogers/Simpkins 7/5/00
Lxr. Simpkins/Rogers 7/3/00
Cc: Doug Huggett, via fax [phone]
Jdl 10 00 04:23p RODNEY SIMPKIMS 919 881-9645 p.2
Spencer M. Rogers, Jr.
Coastal Construction & Erosion Specialist
NC Sea Grant
5001 Masonboro Loop Road
Wilmington, NC 28409
RE: MALLARD BAY DREDGING APPLICATION
Dear Spencer:
Thank you for your time and input today in our r '
following are areas of understanding that we discussed.
1034 Mallard Bay Road
Hampstead, NC 28443
July 3, 2000
"?tenance dredging project. The
You stated that if the groins are built to the length requested in our application,
(approximately 45 feet past the point of marsh anal ending approximately 126 feet from
the edge of the AIWW in approximately 24 inches of natural water depth), that in your
opinion, there would be no negative impact on marine processes caused by the structures.
2. You stated that once the structures and dredging are in place: good flushing of the canals
and Middle Creek will occur. You also stated that the waters between the groins would
not have a dead water problem.
I would appreciate your confirmation of these points by letter to me at your earliest opportunity
Thank you again for your consideration.
i,nnkins
f
Project C;oordmator
DREDGING: 2000, Ltr, Rogers, Jul 3 00
JL11 10 00 04:24p RODNEY SIMPKINS 919 881-9645
FROM UNC'N CENTER FOR MARINE SCIENCE (MON) 7. 10' 00, 8 :121ST. 8 :1 VN0. 4862946115 P 1
NORTItCMWUNA SFa :RANT
EXTENSION PROGRAM
boot Masatwo Loop Road OIOIM-2491 Far PIDJ 82-2410
vY'1i MMOhm, tell: 28405 E-mefi: rogetnsMuncwN.edu
July S, 2000
Rodney Simpkins
1034 Mallard Bay Road
Hampstead NC 28443
Dm Rodwy,
This letter is in response to your letter of July S, 2000 concerning our previous discussions
00 the proposed *em and dredging for the Mallard Bay boaIt channel. To restate the two points
in your letter you wish to confirm:
The landward ends of the proposed jetties are beneficial in stabilizing the existing marsh
cut and reducing the wave4msported s boalwg into the dredged channel. In my opinion
From the information provided, there wig be little reduction in channel shoaling by
extending the jetties to the full, proposed length. As you note in your letter, it is also my
opinion that the shoreline processes will not be sWomed by the longer length. As
we discussed. the permit agencies must. consider many issues in addition to the shoreline
processes.
2. Since the entrance to your boat charnel is now severely restricted by shoaling, the
dredging will significantly increase the flushing withio"the Mallard Bay channel when a
flow-thru connection to Middle Creek is created by your dredging. There will be little
direct impact on flushing with the jetties of any length or without the jetties. The jetties
will indirectly affect Bushing improvements by reducing the shoaling rate and the longevity
of the dredged entrance channel improvements. If the Mallard Bay dredging extends
northward to deeper water in Middle Creek it may marginally improve the flushing in
Middle Creek, depending on the relative- efficiency of the new channel connection to
Wddle Creek compared to the primary Middle Creek connection to the 1CW. Any change.
W flushing resulting from your proposed work should be an improvement for Middle
Cmek rather than a reduction.
Please contact tae if there are any additional questions on my continents.
Sincerely, .
spencer
CC: Doug Huggett
p.3

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
N15TA
A-% 010% 0000,
D E N R

Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: [phone]
FAX TO: LAQaM*e V?-p? I? u?i s FAX NUMBER:
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:
?;?
Cc vkce
14-
?9
01 ?leae-e E? II 1
LK
j to
If you receive this fax by istake call: ESB [phone] or Wetlands (919) 73 -1786
PLEASE PRINT CLEARLY OR TYPE
CT.'1TE OF NORTH CAROLINA
COUNTY OF (1)_ 2EW d-Cf?L
(your name) PETITIONER,
v.
lei
Z h N ?o/e /
RESPONDENT.
(The State agency or board about which you are complaining)
FILED
14 ??? /
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
1000 JUL - l A I I: 16
OFFICE OF PETITION
-0111 dISTRATIVE FORA
HEARIN..giESTED CASE HEARING
I hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
Briefly state facts showing how you believe you have been harmed by the State agency or board.)
//
/%?? '-, GL , A 7
(If more space is needed, attach additional pages.)

(4) Because of these facts, the State agency or board has: (check at least one from each column)
deprived me of property; exceeded its authoritN orjurisdiction:
ordered me to pay a fine or civil penalty; or k---'acted erroneousl%
t/ otherwise substantially prejudiced my rights; AND failed to use proper procedure;
// acted arbitrarily or capriciously; or
failed to act as required by law or rule.
(5) Date: "7 ZU O J ' / 1
i (6) Your phone number:( Cf/v) "/??r T?/<
(7) Print your full address:
streeta re- p.o. ox) city)- state) VIP)
(8) Print your name:
(9) Your Signature:

You must mail or deliver a COPY ofthis Petition to the State aRenc,. or board named on line (3) of this form. You should contact the agency or
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State a_enc\ or board named below by depositing a copy of it with the United States Postal Service
ith sufficient postage affixed OR by dcli%erinc it to the named agency or board:
(name ofper n serv)
(12) u? ? % _ (State age cy aboard listed an line 3)
(street address/p.o. box) (city) C/ (state) (zip code)
(13) This the day of
t ?7 - - 20 C
14 /.,
(your signature)
When you have completed this form, you MUST mail or deliver the ORI6- L- r(-??p®'p
Mail Service Center, Raleigh, NC 27699-6714. lh W IIO ?II t?Ythe Office of Administrative Hearings. 6714
H-06 (10/99) A JUL 72009
`State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
D E N R
May 18, 2000
DWQ# 00-0419
Pender County
Rodney L. Simpkins
1034 Mallard Bay Road
Hampstead, NC, 28443
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Simpkins:
You have our approval, in accordance with the attached conditions and the conditions listed below, to dredge and place fill
0.88 acre of wetlands and shallow bottom in order to perform maintenance dredging of Mallard Bay and to place groins on your
property in Pender County, as you described in your application dated 28 March 2000. After reviewing your application, we
have determined that this fill is covered by General Water Quality Certification Number 3112. This Certification allows to use
your CAMA Permit when the NC Division of Coastal Management issues it. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying
CAMA Permit expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application for a new certification.' If the property is sold, the new
owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions.
If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification and the following condition:
1. The waterward extent of the groins shall not exceed the outer edge of the marsh unless the panels in the groins are
modified to allow water to flow through.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. To ask for a hearin_=, send a written petition which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Dorney at 919-733-9646.
Sincerely,`
C?
r T Stevens
I
Non-Discharge Branch 1621 flail Service Cenler Raleigh, North Carolina 27699-1621
Telephone [phone] FAX # [phone]
An Equal Opportunity - irrr,ctive Action Employer S:' ': recycled/10°%o post consumer paper

Attachment
cc: Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Doug Huggett, DCM
John Dorney
Central Files
Laura Stasavich, P.O. Box 2522, Wilmington. NC, 28402
000585
MEMORANDUM
TO: John Dorney ? Regional Contact: .1. Steenhuis
Non-Discharge Branch WO Supervisor: Birk Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Rodney Simpkins / Mallard Bay Dredging Project County Pender
Project Number 00 0419 County2
Recvd From DCM Region Wilmington
Received Date 3/28/00 Recvd By Region
Project Type dredging
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
LAMA ? FT-0 N I - 18-87-(23.5 SA F- 30,624. 0.87 ?F-*-- ? ??--
??OY ON ??????1 -
?I
Mitigation Wetland
MitigationType Type Acres Feet
F_ I F_
Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? Q Y O N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y Q N
Is Mitigation required? Q Y O N
Recommendation: Q Issue0 Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office does not object to the maintenance dredgong as long as the applicant complies w/all
restrictions (ie_ - that the dredging be done Win the dredging window)-
This office does object to the length of the vinyl groins. Although the groins are the same length as
the piers the groins do not allow ?yater to flow thin - the groins need to be shortened to the marshes
outer edge or the panels need to have spaces to allow water to flow through
cc: Regional Office Page Number 1
Central Office
Facility Name Rodney Simpkins / Mallard Bay Dredging Project County Pender
Project Number 00 0419 Regional Contact: J. Steenhuis
Date: 5/15/2000
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office
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REPLY TO
ATTENTION OF:
Regulatory Division
Action ID No. 200001048
Mr. Doug Huggett
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 2840
August 21, 2000
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dear Mr. Huggett:
i
? oC .
cmql
Reference the application of Rodney L. Simpkins for a Department of the Army permit to
maintenance dredge the existing basin and canal, and place riprap and two vinyl groins adjacent to
the Intracoastal Waterway, in the Mallard Bay subdivision in Hampstead, Pender County, North
Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit.
2. All excavated materials will be confined landward of the mean high water elevation
contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or
other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding
waters.
3. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the 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.
No claim shall be made against the United States on account of any such removal or alteration.
4. Flow from the diked retention area will be confined by pipe, trough, or similar device
to a point at or below the mean low water elevation contour to prevent gully erosion and siltation.
5. A water control structure will be installed at the intake end of the effluent pipe leading
from the retention area in order to ensure maximum settlement of suspended solids.
6. The applicant will comply with the attached list of United States Coast Guard
regulations.
7. No excavated or fill materials will be placed at any time, including temporarily, in any
vegetated wetlands or waters.
8. No attempt will be made by the permittee to prevent the full and free use by the public
of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must
not interfere with the public's right to free navigation on all navigable waters of the United States.
9. The terminal end of the pipeline from the dredge into the diked retention area will be
positioned at or greater than 50 feet from any part of the dike and a maximum distance from
spillways to prevent dike erosion and to allow adequate settlement of suspended solids.
10. The applicant will be responsible for removal of all debris, should any aspect of the
groin system fail or break up.
11. All relocated marsh will be placed on the southwestern side of the proposed groin in
Transplant Area Il on three-foot centers. The remainder of Area 11 will be planted on three-foot
centers with Spartina alterniflora purchased or otherwise obtained from a local source.
12. All riprap on the southwest side of the groin will be realigned to form a riprap
breakwater offshore of the existing marsh.
13. No dredging will occur between April 1 and September 30 of any year.
14. Coast Guard approved lights and reflective bands will be installed on the groins to
meet or exceed safety standards.
Questions or comments may be addressed to the undersigned at telephone (910)
251-4636.
Sincerely,
Jeffrey H. Richter
Regulatory Project Manager
Enclosure
Copies Furnished(without enclosure):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dr. Garland B. Pardue, 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
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U. S. Environmental Protection Agency
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