20181699 Ver 2_CAMA Application_20200818

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LAND MANAGEMENT GROUP
a DAMI company
8/ 18/20
Paul Wojoski
NCDEQ
DWR 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, N.C. 27699-1617
Re: 401 Water Quality Certification Request, Shinn Creek Estates HOA
Dear Paul,
On behalf of the Shinn Creek Estates HOA, I am requesting a 401 Water Quality
Certification for their proposed dredging project to maintain the community's historical
navigable access from the HOA's boat ramp to the AIWW. This project has been
approved by CAMA Permit Number 29-20, issued 3/3/20 by a variance resulting from a
unanimous approval vote by the Coastal Resources Commission. A copy of that permit is
attached. The original 401 certification request for this project was denied earlier on
1/13/20. The reason stated for the certification denial was the original denial of the
CAMA permit on 4/22/19. This was prior to the variance process and issuance of the
CAMA permit. With the CAMA permitting now in hand, we are requesting a timely
authorization of the 401 certification. There are no changes to the project as approved by
the CAMA permitting.
In order to have a full understanding of the project's critical importance, minimized
design and overall attributes, I am summarizing information supportive of the project
within the materials I had sent to you on 3/20/20 that were submitted for the CRC
variance process.
The project as approved by DCM simply maintains long standing navigable access from
the HOA's community boat ramp to the AIWW. The overwhelming majority of this
access is through two historically permitted and maintained dredging projects with the
only "new" dredging area consisting of the subject "S-Channel" that connects those two
projects. The primary users of this accessway to the AIWW are the residents of the Shinn
Creek Estates, which is a small limited neighborhood with no potential for further lot
development or expansion. The residents have written many letters supporting the project
and are very concerned about preserving their valued connection to the open waters.
1
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

During the planning process, the HOA effectively minimized the dimensions and
potential impacts of their project. The proposed 8'-wide channel width and 3' mean low
water depth avoids impacts to coastal wetland vegetation and oyster beds (includes a
potential 3:1 side slope development). Based on comments received during the
application review process, further minimization was implemented with the removal of
the planned wooden breakwaters within the "S-Channel" and the addition of channel
markers to guide boats through the deepest parts of the channel to avoid disturbing
adjacent shallow bottom habitat. As a mitigative measure, the applicant added the
installation of over 4,800 square feet of oyster shell substrate for spat attachment and
growth contiguous to the existing oyster beds. As referenced within available NOAA
Fisheries information, oyster reef habitat values include the filtering and cleaning of the
surrounding water and serving as excellent shelter for other sea life. Mussels and
barnacles settle on reefs creating food sources for commercially valuable fish species.
Oyster reefs provide a safe nursery for species such as blue crab, flounder, shrimp,
speckled trout and striped bass. NOAA has identified oyster reef restoration as a
conservation priority and works with partners to restore native oysters and expand the
ecosystem functions they provide. The shell placement will also serve to help stabilize
the bottom sediments near the channel and provide a transitional habitat from marsh to
open water.
DCM staff prepared a field report for the project on 12/7/18. Within it, DCM staff stated
"Minor increases in turbidity should be expected during the dredging event; however, no
long term adverse impacts are anticipated." This was prior to the project revisions
removing the breakwaters, the addition of channel markers and addition of oyster shell
placement.
Troy Alphin, Senior Research Associate at the UNCW Benthic Ecology Laboratory,
reviewed the application materials, examined the site and prepared a report for the HOA
entitled "Review of the Shinn Creek Proposed Dredge Project". He concluded the report
with "I believe if the footprint of the dredge activity is small, potential impacts to the
surrounding area can be reduced. The addition of oyster reefs along portions of the
shoreline along with the increased tidal exchange could greatly improve the ecosystem
function of this small channel."
To get a snapshot of the dissolved oxygen gradient from the open waters of the AIWW to
the upstream portions of the project area, LMG included a Water Quality Monitoring
Report within our application materials, which documented a one-time water quality
sampling event. The sampling stations included a reference station (SWR) along the
Shinn Point boat channel to the south roughly equidistant from the open waters of the
AIWW as the sampling stations located at the upper end of the Shinn Creek Estates
project area. The Shinn Point boat channel is a dredged channel and is maintained for
recreational boating. The contrasting DO level data seem to strongly indicate that the
Shinn Creek Estates upper channel sampling locations have an impaired tidal exchange
level in comparison to the maintained Shinn Point boat channel. It is likely that an
expansion of the channel cross section through the constricted "S-Channel" would benefit
2
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

DO levels in the upper end of the project area as well as the large area of coastal wetland
further upstream.
The Coastal Resources Commission unanimously approved the proposed project noting
the dimensional minimization of the dredging area and potential impacts to PNA, the
removal of breakwaters, addition of channel markers, mitigative oyster reef development
and benefits to tidal flushing. The Commission also stressed that the traditional boating
access here to the AIWW pre -dated CAMA and PNA designation and that natural
processes had shifted the tidal flow way to the south through the "S-Channel" and that
this was now the least impactful route to access the open waters.
In consideration of the project's minimized dimensions, revisions made in response to
agency comments, proposed beneficial oyster reef development and enhancement of tidal
exchange supportive of upstream DO levels along with the conditions already in place
within the CAMA permit itself to protect water quality and the surrounding habitat, we
believe this project not only avoids impacts to coastal wetlands and oyster resources, but
will enhance habitat functions related to larval/juvenile faunal transport, nutrient
exchange and water quality in the short term and in the longer term oyster reef
colonization, shelter, water filtration and nursery utilization. Please contact me with any
questions that you may have or to discuss elements of the project. Thank you for your
assistance.
Sincerely,
Steve Morrison
Environmental Consultant
3
www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

www.lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

Permit Class
NEW
(BY CRC VARIANCE)
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
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for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Shinn Creek Estates HOA, 6433 Shinn Creek Lane, Wilmington, NC 28409
Authorizing development in
New Hanover
Permit Number
29-20
County at man-made boat basin and connecting channel adi. to the
AIWW, at 6432 Shinn Creek Ln, in Wilmington, as requested in the permittee's application dated 11/5/18, including
attached drawings (7), Sheets 1-4, 6,7 of 7 dated "Revised 4/10/19" and Sheets 5 of 7 dated 10/25/18.
This permit, issued on March 3. 2020 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subiect to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) In keeping with the Variance (CRC-VR-19-10) granted by the Coastal Resources Commission (CRC) .
on February 12, 2020, and the Order signed by the CRC Chairman on February 19, 2020, the depth
of excavation shall not exceed -3 feet below the mean low water level for the boat basin, maintained
channel and the area known as the "S Channel". In no case shall the depth of excavation exceed the
depth of connecting waters.
2) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2023
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ 'and the Chair
of the Coastal Resources Commission.
�a Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Shinn Creek Estates HOA Permit No. 29-20
Page 2 of 4
ADDITIONAL CONDITIONS
3) No excavation shall take place outside of the area indicated on the workplan drawings and in no case
shall excavation take place within 10 feet of any Coastal Wetlands.
4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
5) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters.
6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted outside of the area indicated on the workplan drawings.
Dredging in any manner, except to the extent authorized under Variance Order CRC-VR-19-10,
including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and
enforced throughout the entire existence of the permitted activity.
7) All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
Spoil Disposal
8) No spoil material shall be placed within 30 feet of the mean high water line.
9) All excavated materials shall be confined above mean high water level and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
10) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
Maintenance Clause
11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
each dredging event authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision. and the permittee's signature shown anew on the original plan.

Shinn Creek Estates HOA
Permit No. 29-20
Page 3 of 4
ADDITIONAL CONDITIONS
Oyster Bed Mitigation
12) In accordance with commitments made by the permittee and in order to satisfy concerns of the resource
agencies, originally proposed wooden breakwaters located at the "S Channel" for this project are hereby
deleted. Any and all reference to the originally proposed wooden breakwaters in the attached permit
application or workplan drawings is hereby considered null and void.
13) In accordance with commitments made by the permittee, the location of the authorized oyster beds
located along the maintained channel and the "S Channel" shall be constructed in accordance with the
attached workplan drawings.
14) No vegetated wetlands or oyster resource shall be filled, even temporarily.
15) The location of the authorized oyster beds shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction.
16) The oyster beds shall consist of clean oyster shell: The permittee shall be responsible for immediate
removal of any materials or debris that becomes dislodged or moves outside the authorized alignment.
17) Any mitigative measures or environmental commitments specifically made by the applicant in the
narrative for this project shall be implemented, regardless of whether or not such commitments are
addressed by individual conditions of this permit.
Navigational Aids
18) In accordance with commitments made by the permittee, the channel navigational aids shall be
constructed and located as depicted on the attached workplan drawings.
USACE - Conditions
19) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at http://www.fws.aov/nc-es/mammal/manatee guidelines.pdf.
General
20) This permit shall not be assigned, transferred, sold or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
21) In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall
schedule a pre -construction conference with the Division of Coastal Management prior to the initiation
of any dredging or mobilization activities.
22) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.

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Shinn Creek Estates. HOA
Permit No. 29-20
Page 4 of 4
ADDITIONAL CONDITIONS
23) Prior to the initiation of any development activities authorized by this Permit, the permittee shall obtain
all required permits or authorizations from the N.C. Division of Water Resources and copies of all such
authorizations shall be provided to the Division of Coastal Management.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, to include any authorization required by the
U.S. Army Corp of Engineers and The N.C. Division of Water Resources.
NOTE: The U.S. Army Corps of Engineers assigned the project SAW-2014-01431. The permittee is
advised that the U.S. Army Corps of Engineers has not authorized the excavation within the "S
Channel" or the oyster beds at the time of this authorization.
NOTE: The permittee is advised that The N.C. Division of Water Resources denied the Water Quality
General Certification on 1/13/20. Authorization from The N.C. Division of Water Resources
must be obtained prior to the commencement of any dredging operations.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.