20060137 Ver 1_Public Notice_20060222

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District ~ ~ _ p ~
Issue Date: February 21, 2006
Comment Deadline: March 21, 2006
Corps Action ID #: 200600466
All interested parties are hereby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United States.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.an~ny.mil/wetlands
Applicant: Carolina Marina, Inc.
C/o Mr. Tim Ward
1512 Burnett Road
Wilmington, North Carolina 28409
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water
Act and Section 10 of the Rivers and Harbors Act of 1899.
Location
The project site is located at 1512 Burnett Road, adjacent to the Atlantic Intracoastal
Waterway (AIWW)/Myrtle Grove Sound, just south of Carolina Beach Inlet, in New Hanover
County, North Carolina. .
Existing Site Conditions
The property encompasses approximately 2.87 acres and averages 7 feet above mean sea
level. The property has approximately 240 linear feet of shoreline adjacent to Myrtle Grove
Sound that is stabilized by a new bulkhead. Existing highground structures include a
garage/workshop building with an associated driveway and a gazebo located next to a boat ramp.
A chain linked fence and concrete/cinder block wall surround the perimeter of the property.
Water dependent structures that exist at the property include a private boat ramp, a fixed pier
with an L-head platform, a boathouse and two (2) boatlifts. Existing water depths adjacent to
these water dependent structures average approximately -1.5' at mean low water. Upland
vegetation consists of Oak, ornamental landscaping and lawn grasses. Waterward of the existing
bulkhead on the southern side of the property is an area of low marsh consisting primarily of
smooth Cord grass (Spartina alterniflora), which extends approximately 60 feet towards the
AIWW/Myrtle Grove Sound.

The New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and
adjacent high ground of the project area as Resource Protection. The waters of the
AIWW/Myrtle Grove Sound are classified "SA" by the N.C. Division of Water Quality and are
designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and are
OPEN to the harvest of shellfish.
Site History
In 1969 Mr. Homer Ward received a Federal permit authorizing the construction of a private
bulkhead, boat ramp, fixed pier and platform. The N.C. Division of Coastal Management stated
their records of the permit application includes a memorandum written on January 11, 1971, by
Jim Brown with the N.C. Department of Conservation and Development. Mr. Brown's memo
stated that while flying over Mr. Ward's property, he witnessed a dredging operation at this
location that was not authorized under Mr. Ward's aforementioned Federal permit. Mr. Brown
stated in his memorandum that approximately 2/3 of the operation was completed before he
informed Mr. Homer Ward and his contractor that a State Dredge and Fill permit was required
for the work. The state records also show that on January 14, 1971, a memorandum by Thomas
L. Linton from the N.C. Department of Conservation and Development stated that Mr. Homer
Ward submitted a State Dredge and Fill Permit application on January 11, 1971. This memo also
stated that Mr. Ward had a Corps permit for dredging, but there is no record with the Corps of
Engineers ever receiving a request for dredging at this location to Mr. Ward and there is no
record that a State Dredge and Fill Permit or Corps Permit was ever issued. New Hanover
County issued Mr. Homer Ward a Special Use Permit in 1971 for a commercial marina at this
location. The permit application indicates that the commercial sale of fuel from the terminal end
of the dock occurred during the late 1960's and early 1970's. The application also indicates that
the boat slips were utilized until approximately 1990 and that the boat ramp has continued to be
used, although has not been used commercially in several years. On October 20, 1992 Mr.
Homer Ward received a Federal General Permit, AID 199300508 and CAMA General Permit
10616-D authorizing a boathouse, catwalk and installation of a boatlift. On September 9, 2004,
the applicant, Mr. Tim Ward received a CAMA General Permit No. 36899-D authorizing the
construction of a new bulkhead two feet waterward of the existing bulkhead at this location.
Applicant's Stated Purpose
The applicant's stated purpose of the project is to improve the use of the commercial ramp
and facilities for a viable commercial marina.
Project Description
The applicant and the North Carolina Division of Coastal Management provided the
following description of the proposed project. The referenced figures and plans are attached to
the public notice. .
The applicant proposes the replacement of the existing pier with new floating docks, relocate
and enlarge the existing boat ramp, bulkhead replacement, perform dredging, installation of
breakwaters and develop a marina clubhouse with associated parking area. The existing boat
ramp would be relocated approximately 20' to the south of its' existing location and enlarged
from 15' wide to 20' wide. Anew 214 linear foot bulkhead alignment would replace a portion

of the existing bulkhead adjacent to the area of the existing boat ramp. The majority of new
alignment would run landward of the existing bulkhead alignment, however approximately an
average of 6' waterward of the existing alignment would occur along the northern side of the
new boat ramp. This section would run approximately 95 linear feet. The remaining new 120
linear feet of bulkhead alignment would be located on the southern end of the property, landward
of the existing bulkhead alignment (See Sheet 12 of 13).
Two (2) floating docks would be constructed on each side of the relocated boat ramp to
serve as temporary tie-up. The floating dock located on the southern side of the boat ramp would
be 175' in length by 8' wide and the floating dock on the northern side of the boat ramp would
be 100' in length by 8' wide. This floating dock would then terminate into another floating
dock, which run along the waterward side of the bulkhead alignment in a northerly direction.
Dimensions of this floating dock would be 107' in length by 8' wide. This floating dock would
then lead into a 162' in length by 8' wide main floating dock, which would be accessed by a
gangway ramp and would extend towards the AIWW in an easterly direction. This main floating
dock would then terminate into a floating dock 66' in length by 8' wide floating dock, which
would run parallel to the AIWW in a southerly direction. This floating dock would lead into a
51' in length by 8' wide floating dock, which would run perpendicular to the shoreline in a
westerly direction. The agent states that these floating docks located at the terminal end of the
main floating dock would be utilized as only fuel docks due to their dimensions, which two fuel
dispensers would be located (See Sheet 11 of 13). The agent also states that all requested
dockage would be for temporary tie-up, to be used solely for dockage of boats awaiting ramp
access and that a gate and marina policy would enforce a "no dockage" policy at the fuel dock.
Two (2) breakwaters made of steel sheet pile would be constructed within the project area.
A 2101inear foot alignment would be located adjacent to the floating dock on the southern side
of the boat ramp. The other 170 linear foot breakwater alignment would be located adjacent to
the main floating dock on the northern side of the project area. Both breakwaters would be
oriented perpendicular towards the AIWW to reduce the wave action occurrence from vessel of
the area. The breakwaters would be constructed to maintain a 3' clearance above Mean High
Water (MHW) (See Sheets 8 of 13 and 11 of 13).
The applicant proposes dredging within the proposed structures. The dredging limits
dimensions would be 260' in length by 120' in width to a final depth of -5' below Mean Low
Water (MLW), which accommodate the structures aforementioned. The agent states that the
proposed 20' width of the access channel from the boat ramp to the AIWW would be needed for
sufficient passage of two vessels. The agent also states that the proposed water depth would tie
into consistent water depth towards the AIWW to allow for proper tidal flushing. Approximately
4,120 cubic yards of excavated material would be removed mechanically and then placed on a
highground location onsite. Dimensions of the spoil site would be approximately 100' x 220'
(See Sheet 9 of 13). The agent states the proposed dredging event would be located within the
northern half of the riparian corridor, which is in effort to minimize the area to be dredged (See
Sheet 13 of 13).
Upland development would consist of a marina clubhouse with an associated parking lot,
septic system and a stormwater treatment system. The marina clubhouse would be a 30' x 50'
building with an associated 14' x 16' office building. These buildings would also have two
bathrooms constructed to service the marina. There would be a 2500 gal. septic tank and a 2500
gal. septic pump located on the northern side of the clubhouse and office. The system would be
3

pumped through a septic system force main to the drainfield located on the western end of the
property. The clubhouse and office building would also have an associated handicap access
ramp and sidewalk, which would lead to the parking lot. Dimensions of the parking lot would be
approximately 230' in length by 200' wide and constructed of asphalt. There would be 45
parking spaces for the clubhouse, which would include two handicap spaces and 41 parking
spaces for boat trailers. Within a 15' landscape area between the parking areas would be two
above ground fuel tanks (See Sheet 10 of 13).
The applicant has received a State Stormwater Permit SW8040103 through the N.C.
Division of Water Quality on 09/30/05. The permitted stormwater treatment system would be
installed within the parking areas and pumped to a stormwater infiltration system, which would
be located at the western end of the property. Within the parking areas would be six inlets that
would then lead to the stormwater pump station. The stormwater pump station would then pump
the stormwater into an infiltration system measuring 30' x 90' (See Sheet 10 of 13).
ANTICIPATED IMPACTS
The proposed dredging would result in the excavation of approximately 33,600 sq. ft. of
shallow bottom. Approximately 36,000 sq. ft. of highground area would be disturbed for the
spoil site area, which would contain approximately 4,120 cubic yards of material excavated for
the docking facility. Approximately 24,432 sq. ft. of impervious surface would be created for
the proposed highground structures. The proposed docking system, boat ramp and breakwaters
construction would incorporate 5,668 sq. ft. of Estuarine Waters and Pubic Trust Area. Minor
increases in turbidity should be expected during construction. The proposed pier would extend
approximately 160 feet into a waterbody, which measures approximately 775 feet across. As
proposed, the applicant's proposal would not encroach into the 80-foot setback from the AIWW.
The floating docks would potentially provide docking space for up to eighteen (18) vessels, but
the applicant states that only ten (10) slips are proposed as indicated by numbering on the
submitted plans.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until the
N.C. Division of Water Quality (NCDWQ) issues, denies, or waives State certification required
by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this
public notice in the NCDWQ Central Office in Raleigh serves as application to the NCDWQ for
certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for
certification within sixty days of the date of the receipt of this notice in the NCDWQ Central
Office. Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,
Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in writing
delivered to the N.C. Division of Water Quality (NCDWQ), 1650 Mail Service Center, Raleigh,
North Carolina 27699-1650 Attention: Ms Cyndi Karoly by March 13, 2006.
The applicant has not provided to the Corps, a certification statement that his/her proposed
activity complies with and will be conducted in a manner that is consistent with the approved
4

N.C. Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2), the Corps can not
issue a permit for the proposed work until the applicant submits such a certification to the Corps
and the N.C. Division of Coastal Management (NCDCM), and the NCDCM notifies the Corps
that it concurs with the applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely impact EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National
Marine Fisheries Service. These impacts to EFH include destruction of habitat at the dredge site,
siltation plums, erosion and sedimentation issues, time frame work is performed (fish
moratoriums) and water quality issues.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being eligible for
inclusion therein are located within the project area or will be affected by the proposed work.
Presently, unknown archeological, scientific, prehistoric, or historical data may be located within
the project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on available
information, the Corps has determined there may be species listed as threatened or endangered or
their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA)
within the project area. A final determination on the effects of the proposed project will be made
upon additional review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest. That
decision will reflect the national concern for both protection and utilization of important
resources. The benefit which reasonably may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detriments. All factors which may be relevant to the
proposal will be considered including the cumulative effects thereof; among those are
conservation, economics, aesthetics, general environmental concerns, wetlands, historic
properties, fish and wildlife values, flood hazards, flood plain values (in accordance with
Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber production, mineral
needs, considerations of property ownership, and, in general, the needs and welfare of the
people. For activities involving the discharge of dredged or fill materials in waters of the United

States, the evaluation of the impact of the activity on the public interest will include application
of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials; Indian Tribes and other interested parties in order to consider and evaluate the impacts
of this proposed activity. Any comments received will be considered by the Corps to determine
whether to issue, modify, condition or deny a permit for this proposal. To make this decision,
comments are used to assess impacts on endangered species, historic properties, water quality,
general environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also
used to determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that
a public hearing be held to consider the application. Requests for public hearings shall state,
with particularity, the reasons for holding a public hearing. Requests for a public hearing shall
be granted, unless the District Engineer determines that the issues raised are insubstantial or
there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until Spm, March 20, 2006. Comments should be
submitted to Henry Wicker, Project Manager for this project.
6

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Recommendations for State Permit -Carolina Marina, Inc. c/o Tim Ward O1/20/2006RECEIVED
The total area of floating docks were calculated as follows:
JAN 3 1 2006
Shoreline length = 240 ft. x 4 sq, ft = 960 sq. ft. allowable. REC7tUj..~-T®RY
Floating docks adjacent to boat ramp, bulkhead and main dock were not calculated due to alignme~nf. -' FLD. OFC.
Floating docks=936 sq. ft. (Fuel docks).
Total = 936 sq. ft.
N.C. Division of Coastal Management staff initially determined that the excavation portion of this CAMA Major
Development application, submitted for Carolina Marina, Inc. c/o Mr. Tim Ward in Apri12005, would constitute a new
navigation channel and as such would be subject to the requirements of the North Carolina Environmental Policy Act
(NCEPA). After further review based on aerial photography from 1970 through 2000, N.C. Division of Coastal
Management staff later determined that an area located at the terminal end of the existing docking facility seemed to exhibit
previously disturbed subtidal bottom. The N.C. Division of Coastal Management staff agreed that the excavation portion of
the project would not be subject to the requirements of the North Carolina Environmental Policy Act (NCEPA). There's
currently no substantial evidence that a State Dredge and Fill Permit was issued to Mr. Homer Ward authorizing any
excavation for this existing facility. The only evidence of excavation was the unauthorized activity witnessed by Mr. Jim
Brown with the N.C. Department of Conservation and Development in 1971.
If there is a subsequent permit issuance for the project, either complete or partial, the permit should include the following
standard permit conditions for dredging, docks and piers, and upland development, as well as, a requirement for apre-
construction conference with both applicant and contractor.
This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are
expressly and specifically set forth in the permit application. No other structures, whether floating or stationary,
may become a permanent part of the structure without permit modification. No non-water dependent uses of
structures maybe conducted on, in, or over public trust waters without permit modification.
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.
The authorized structure and associated activity must not cause an unacceptable interference with navigation and
shall not exceed the established pierhead line.
The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast
Guard, through regulations or otherwise, on authorized facilities.
In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended
sediments in adjacent waters.
This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee
will not be entitled to compensation for damage to the authorized structure or work, or injury which maybe caused
from existing or future operations undertaken by the United States in the public interest.
The permittee will maintain the authorized work in good condition and in conformance with the terms and
conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without
having the permit transferred to athird-party.
Following pages with continued suggested conditions

This permit authorizes a maximum of ten (10) boat slips. At no time shall more than ten (10) vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but
not limited to motorboats, sailing vessels and personal watercraft.
The marina/docking facility will display a sign showing the location of the riearest/on-site pumpout facility, including
other appropriate waste disposal information, at the entrance and exit from the main piers}.
No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina/docking
facility. Any sewage discharge at the marina/docking facility shall be considered a violation of this permit for which
the permitteeis responsible. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure
and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the
channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the
upland property line meets the water's edge.
NOTE: Any proposal to add one or more additional boat slips to the authorized 10 slip facility will require that the
docking facility be classified as a marina, and will therefore require a review, under the N.C. Environmental
Policy Act (NCEPA).
NOTE: Permanent reflectors should be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of
the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or
indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law.
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in association with the
docking facility. Furthermore, due to the proximity of the AIWW, boats utilizing the docking facility will be
subject to frequent wavewash from passing vessels. The issuance of this permit does not relieve the permittee
from taking all proper steps to ensure the integrity of the structure and the safety of moored boats. The
permittee shall not hold the State ofNorth Carolina or the United States liable for any damage to the structure
or moored boats.
In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
between April 1st and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
Excavation will not exceed -5 feet below the mean low water level (IviZW).
The temporary placement or double-handling of excavated or fill materials within waters or vegetated wetland is
not authorized.
No excavated or fill material will be placed at any time, in any marsh or surrounding waters, outside of the
alignment of the fill area indicated on the workplat(s).
All excavated materials will be confined above mean high water 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 wate~
The bulkhead/riprap will not extend waterward more than 6 feet from the mean high/normal water level at aY
along its alignment at the time of construction.

The alignment of the authorized bulkhead/riprap must be staked by a representative of the Division of Coastal
Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 3 0
days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM
within a maximum of 30 days prior to the new expected start of construction.
The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure.
The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials
approved by department personnel. No excavation is permitted except for that which may be required for the
construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation
waterward of the approved alignment.
The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or
unsightly debris will not be used.
All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead
No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to
backfill the area behind the permitted bulkhead.
All fill material to be placed below mean high/normal water level will be confined behind the permitted bulkhead.
Breakwaters authorized. under this permit shall be allowed only in waters that average less than three feet in depth along
the proposed alignment as measured from the mean high water or normal water level contour.
The height of the permitted breakwater shall not exceed six inches above mean high water or the normal water
level.
The permitted breakwater must be constructed of treated wood, plastic lumber, metal sheet piles or other suitable
materials approved by Department personnel.
No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is
authorized by this permit.
No excavation of shallow water bottom, any wetlands or high ground is authorized by this permit.
In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended
sediments in adjacent waters.
The Division of Water Quality approval of this project under stormwater management rules of the Environmental
Management Commission is covered by way of Stormwater Permit No. SW8040103, which was issued on 09/30/05.
Any violation of the permit approved by the DWQ will be considered a violation of this CAMA permit.
The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the
area ofconstruction or constnzction-related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or
less in all saltwater classes are not considered significant.
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least
thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of
Environment and Natural Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC
28405.

In order to protect water quality, runoff from construction must not visibly increase the amount of suspended sediments
in adjacent waters.
Appropriate sedimentation and erosion control devices, measures or structures must be implemented to ensure that
eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms,
sand fence, etc.).
Aground cover sufficient to restrain erosion shall be provided within the shorter of 15 working or 30 calendar days of
completion of any phase of grading on cut or filled slopes.
Any building constructed shall comply with the North Carolina Building Code and the local flood damage prevention
ordinance as required by the National Flood Insurance Program.
NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements
than the Division's standards for development in areas of environmental concern (AECs).
NOTE: The permittee is advised that any development or land disturbing activity that is considered non-water
dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by
Coastal Resource Commission (CRC) regulations in place at the time of such development.
NOTE: The permittee is advised to contact the local health department regarding requirements for septic tank
installations (as required under 15A NCAC 18A.1900 et. seq.). For information concerning septic tank and
other on-site waste disposal methods, contact the New Hanover County Health Department.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorizations that maybe required.
NOTE: Future development of the permittee's property may require a modification of this permit. Contact a
representative of the Division at [phone] prior to the commencement of any such activity for this
determination. The permittee is further advised that many non-water dependent activities are not authorized
within 30 feet of the normal high water level.

~~~
~~~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. 3ones, Director William G. Ross Jr., Secretary
January 20, 2006
Carolina Marina, Inc.
c/o Tim Ward
1512 Burnett Road
Wilmington, NC 28409
Dear Mr. Ward:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the
construction of a commercial docking facility adjacent to the Atlantic Intracoastal Waterway and Myrtle Grove Sound. The
subject property is located at 1512 Burnett Road, in Wilmington, in New Hanover County. It was received as complete on
January 16, 2006 and appears to be adequate for processing at this time. The projected deadline for making a decision is
April 1, 2006. An additiona175-day review period is provided by law when such time is necessary to complete the review.
If you have not been notified of a final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day
If this agency does not render a permit decision within 70 days from January 16, 2006, you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will beheld within five working days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of--way
fronting your property; or at a point along the road right-of--way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy
of my field report and/or comments from reviewing agencies.
Sinc y,
~~~-
obb Mairs
cc: Doug Huggett, DCM Field Representative
Jim Gregson, DCM
Ann Hines, LPO
Henry Wicker, ACOE
Laura Stasavich, Land Management Group, Inc.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper

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DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Carolina Marina, Inc. c/o Tim Ward
LOCATION OF PROJECT SITE: 1512 Burnett Road adjacent to the Atlantic Intracoastal Waterway/Myrtle
Grove Sound, just south of Carolina Beach Inlet, Wilmington, in New Hanover County.
Photo Index - 2000: 21-260, O, P-18,19 1995: 21-242, N, 0-18,19 1989: 4-178-14, G,H-10
State Plane Coordinates - X: 2337173 Y: 120056
3. INVESTIGATION TYPE: CAMA/D & F
4
5.
7.
ROVER FILE # - 0-121316A
INVESTIGATIVE PROCEDURE: Dates of Site Visit -10118/04, 07/26/05,12/13J05
Applicant Present -Yes (and agent), No, No
PROCESSING PROCEDURE: Application Received -12/14/05, completed on 01/16/06
Office -Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan -New Hanover County
Land Classification From LUP -Resource Pzotection (iJpland), Conservation (Open Water)
(B) AEC(s) Involved: PT, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing -Septic System
Planned -Additional Septic System
(F) Type of Structures: Existing -Garage/Workshop, driveway, pier, boathouse, boatlifts, boat ramp,
-- bulkhead and gazebo.
Planned - Bulkhead, boat ramp, floating docks, breakwaters, fuel tanks,
marina clubhouse with an associated parking lot, septic system,
and a stormwater treatment system.
(G) Estimated Annual Rate of Erosion: NIA
Source - N/A
HABITAT DESCRIPTION:
I~AI
T1DRT1(_DT1 RTT T ~Tl (1Tr-ERR
,~
(A) Vegetated Wetlands
(B)Non-Vegetated Wetlands
(O en water) 33,600 sq. ft. (incorporated)
5,668 s . ft.
(C) Other (High Ground) 36,000 sq. ft. 24,432 sq. ft.
(D) Total Area Disturbed: 97,700 sq. ft. (2.3 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: "SA" Open: Yes
8. PROJECT SUMMARY: The applicant proposes to excavate a boat basin and access channel, reconfigure and
enlarge an existing docking facility, relocate and enlarge an existing boat ramp, replace bulkhead, install
breakwaters and develop a marina clubhouse with associated parking area.

Carnlina Marina, Inc. c/o Tim Ward
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 1512 Burnett Road, adjacent to the Atlantic Intracoastal Waterway/Myrtle Grove
Sound, just south of Carolina Beach Inlet, in New Hanover County. To locate the property from Carolina Beach
Road (NC Highway 421), turn onto Burnett Road and travel east approximately 0.5 miles. Continue around the
bend and the subject property will be located on the right. The property encompasses approximately 2.87 acres and
averages 7 feet above mean sea level. The property has approximately 240 linear feet of shoreline adjacent to
Myrtle Grove Sound that is stabilized by a new bulkhead. Existing highground structures include a
garage/workshop building with an associated driveway and a gazebo located next to the boatramp. A chain linked
fence and concrete/cinder-block wall surround the perimeter of the property. Water dependent structures that exist
at the property include a private boat ramp, a fixed pier with an L-head platform, a boathouse and two (2) boatlifts.
Existing water depths adjacent to these existing water dependent structures average approximately-1.5'
@ Mean Low Water (MI,W). Upland vegetation consists of Oak, ornamental landscaping and lawn grasses.
Waterward of the existing bulkhead on the southern side of the property is an area of low marsh consisting
primarily of Smooth Cordgrass (Spartina alterniflora), which extends approximately 60 feet towards the
AIWW/Myrtle Grove Sound.
U.S. Army Corps of Engineers file records indicate that in 1969 Mr. Homer Ward received a federal permit
authorizing the construction of a private bulkhead, boat ramp, fixed pier and platform. The permit application
includes a memorandum written on January 11, 1971 by Mr. Jim Brown with the N.C. Department of Conservation
and Development, which states while flying over Mr. Ward's property, witnessed a dredging operation at this
location that was not authorized under Mr. Ward's federal permit aforementioned. Mr. Brown stated in his
memorandum that approximately 2/3 of the operation was completed before he informed Mr. Horner Ward and his
contractor that a State Dredge and Fill permit was required for the work. On January 14, 1971, a memorandum by
Mr. Thomas L. Linton from the N.C. Department of Conservation and Development states that Mr. Homer Ward
submitted a State Dredge and Fill Permit application on January 11, 1971. However, there is no record that a State
Dredge and Fill Permit was ever issued. New Hanover County issued Mr. Homer Ward a Special Use Permit in
1971 for a commercial marina at this location. The permit application indicates that the commercial sale of fuel
from the terminal end of the dock occurred during the late 1960's and early 1970's. The application also indicates
that the boat slips were utilized until approximately 1990 and that the boat ramp has continued to be used, although
has not been used commercially in several years. On October 20, 1992 Mr. Homer Ward received a CAMA
General Permit No. 10616-D authorizing a boathouse, catwalk and installation of a boatlift. On September 9,
2004, the applicant, Mr. Tim Ward received a CAMA General Permit, No. 36899-D authorizing the construction a
new bulkhead two (2) feet waterward of the existing bulkhead at this location.
The New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high
ground of the project area as Resource Protection. The waters of the AIWW/Myrtle Grove Sound are classified SA
by the N.C. Division of Water Quality and are designated as a Primary Nursery Area (PNA) by the N.C.
Division of Marine Fisheries and are OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to excavate a boat basin and access channel, reconfigure and enlarge an existing docking
facility, relocate and enlarge an existing boat ramp, replace bulkhead, install breakwaters and develop a marina
clubhouse with associated parking area. The existing boat ramp would be relocated approximately 20' to the south
of its' existing location. The new boat ramp dimensions would measure 60' in length by 20' in width and would
extend approximately 45' waterward of Normal High Water (NHW} (See Sheet 11 of 13 and 13A of 13).

Carolina Marina, Inc. c/o Tim Ward
Page 3
To accommodate the new boatramp, a new 214 linear foot bulkhead would replace a portion of the existing
bulkhead adjacent to the area of the existing boat ramp. The majority of the new bulkhead would run landward of
the existing bulkhead, however, along the northern side of the new boat ramp, the bulkhead would average
approximately 6' waterward of the existing structure. This section would run approximately 95 linear feet. The
remaining 1201inear feet of bulkhead would be located on the southern end of the property, landward of the
existing bulkhead (See Sheet 12 of 13).
Two (2) floating docks would be constructed on each side of the new boat ramp to serve as temporary tie-up. One
floating dock, 100' in length by 8' in width, would be located on the northern side of the new boat ramp and one
floating dock, 175' in length by 8' in width, would be located on the southern side of the new boat ramp. A 210
linear foot, steel sheetpile wave and sand wall would be constructed on the southern side of this floating dock
adjacent to the new boat ramp. The floating dock on the northern side of the boat ramp would turn 90 degrees to
the north for a distance of 107' in length by 8' in width, running along the waterward side of the existing bulkhead.
The floating dock would then turn 90 degrees to the east towards the AIWW for a distance 162' in length by 8' in
width. A 1701inear foot steel sheetpile wave and sand wall would be constructed on the northern side of this
floating dock section. The floating dock would then turn 90 degrees to the south for a distance of 66' in length by
8' in width, running parallel to the AIWW. The floating dock would then turn 90 degrees to the west for a distance
of 51' in length by 8' in width, running perpendicular to the AIWW. The result of this configuration would be a
"C-shape" docking facility that would be oriented with open end of the "C" facing the new boat ramp to the south.
The floating dock facility would be accessed from the existing bulkhead by a gangway ramp located on the
northern end of the project area (See Sheet 11 of 13).
The application indicates that the 66 linear feet and 51 linear feet floating docks located at the terminal end of the
main floating dock would be utilized only as fuel docks due to their dimensions and due to the fact that there would
be two (2) fuel dispensers located on them. The application also indicates that all requested dockage would be for
temporary tie-up, to be used solely for dockage of boats awaiting boat ramp access and that a gate and marina
policy would enforce a "no dockage" policy at the fuel dock.
Both wave and sand walls aforementioned would be oriented perpendicular towards the AIWW to reduce the wave
action occurrence from vessels usage of the area. The wave and sand walls would be constructed to maintain a 3'
clearance above Mean High Water (NIIIW) (See Sheets 8 of 13 and 11 of 13).
The applicant also proposes a boat basin around the proposed docking facility and an access channel to the facility
from the AIWW and the new boat ramp. The proposed dredging dimensions of the basin would be 260' in length
by 120' in width to a final depth of -5' below Mean Low Water (NII.,W). These dimensions would include the
proposed 20' in width access channel from the new boat ramp to the AIWW, which the application states would be
necessary for sufficient passage of two vessels. The application also states that the proposed water depths would
tie into consistent water depth near the AIWW to allow for proper tidal flushing. Approximately 4,120 cubic yards
of excavated material would be removed mechanically and then placed at a highground location onsite.
Dimensions of the spoil site would be approximately 100' x 220' (See Sheet 9 of 13). The application indicates
the proposed dredging event would be located only within the northern half of the riparian corridor, which is an
effort to minimize the area to be dredged (See Sheet 13 of 13).
Upland development would consist of a marina clubhouse with an associated parking lot, septic system and a
stormwater treatment system. The marina clubhouse would be a 30' x 50' building with an associated 14' x 16'
office building. These buildings would also have two bathrooms constructed to service the marina. There would
be a 2500 gal. septic tank and a 2500 gal. septic pump tank located on the northern side of the clubhouse and
office. The system would be pumped through a septic system force main to the drainfield located on the western
end of the property.

The clubhouse and office building would also have an associated handicap access ramp and sidewalk, which would
lead to the parking lot. Dimensions of the proposed asphalt parking lot would be approximately 230' in length by
200' in width. The parking lot would consist of 45 parking spaces for the clubhouse, including two handicap
spaces and 41 parking spaces for boat trailers. Two above ground fuel tanks would be located within a 15'
landscape area between the parking areas (See Sheet 10 of 13).
The applicant received a State Stormwater Permit SW8040103 from the N.C. Division of Water Quality on
09/30/05. The permitted stormwater treatment system would be installed within the parking areas and pumped to a
stormwater infiltration system located at the western end of the property. Within the parking areas would be six
drop inlets that would then lead to the stormwater pump station. The stormwater pump station would then pump
the stormwater into an infiltration system measuring 30' x 90' (See Sheet 10 of 13).
10. ANTICIPATED IlVIPACTS
The proposed dredging would result in the excavation of approximately 33,600 sq. ft. of shallow, bottom within a
designated primary nursery area. A portion of this area may have been previously excavated. Approximately
36,000 sq. ft. of highground area would be disturbed for the spoil disposal site area, which would contain
approximately 4,120 cubic yards of material excavated for the docking facility. The proposed highground
structures would create approximately 24,432 sq. ft. of impervious area. Of this, approximately 11,103 sq. ft.
would be located within the 75 feet Estuarine Shoreline AEC. The application indicates that this represents
approximately 45% of the total Estuarine Shoreline AEC. The proposed docking system, boat ramp, bulkhead and
breakwaters construction would incorporate 5,668 sq. ft. of Estuarine Waters and Pubic Trust Area. Minor
increases in turbidity should be expected during construction. The proposed pier would extend approximately 160
feet into a waterbody, which measures approximately 775 feet across. This distance would conform with the 1/4
width rule and the established pier lengths. As proposed, the applicant's proposal would not encroach into the U.S.
Army Corps of Engineers 80-foot setback from the AIWW. The floating docks would potentially provide docking
space for up to eighteen (14) vessels, but the application indicates that only ten (10) temporary tie ups are proposed
as indicated by numbering on the submitted plans.
Submitted by: R. L. Mairs Date: 01/20/2006 Office: Wilmington

Form DCM-MP-1
GC~~1 V'JIL~1iNia i 0~1, NC
,~ ~ r ~~ 2 ~ 05
APPLICA
TION
(To be completed by all applicants)
c. Street address or secondary road number.
1. APPLICANT 1512 Burnett Road
a. Landowner:
d. Is proposed work within city limits or
planning jurisdiction? Yes X No
Name Carolina Marina, Inc.
c/o Mr. Tim Ward
Address 1512 Burnett Road
City Wilmington _ State NC
Zip 28409 Day Phone [phone]
Fax
b. Authorized Agent:
Name Land Management Group Inc
Address P.O. Box 2522
City__ Wilmington State NC
Zip 28402 Day Phone [phone]
Fax [phone]
c. Project name (if any
Carolina Marina
NOTE: Permit will be issued in name of
landowner(s), and/or project name.
2. LOCATION OF PROPOSED
PROJECT
a. County New Hanover
b. City, town, community or landmark
Wilmington
e. Name of body of water nearest project (e.g.
river, creek, sound, bay)
Atlantic Intracoastal Waterway
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 filling activities.)
.. The applicant proposes to replace
previously existing wet slips with temporary
side-to dockage associated with a commercial
ramp, enlarge and relocate an existing boat ramp
from 15'-wide to 20'-wide perform maintenance
dredging, and develop_parking areas and
associated marina clubhouse.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Both. The re uested sli s Bred 'n .and
ramp will replace or maintain previous work
The parkin~d upland development would be
new construction that would satisfy conditions
of an existing county-issued Special Use
Permit.
c. Will the project be for public, private or
commercial use? Commercial
d. Give a brief description of purpose, use,
methods of construction and daily operations of
Revised 03/95

aC1,1 VUiLNfiN~ ± 0~~!. NC
r,~ E C ~ ~ 2005
Form DCM-MP-1
proposed project. )f more space is needed, please
attach additional pages. Purpose is to improve
use of commercial ramp. Associated temporary
dockage is requested for the ramp Upland
development will support the commercial ramp
including_parkina and a clubhouse.
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 2.87-acres
b. Size of individual lot(s) N/A
c. Approximate elevation of tract above MHW
or NWL avg. +7' MLW
d. Soil type(s) and texture(s) of tract
Newhaven sand
e. Vegetation on tract Property is currently
maintained as a gassed lawn with some live
oaks.
been done for the tract? Yes X No
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
Yes _X_ No
1. Are there wetlands on the site? _ Yes _No
No wetlands exist landward of mean high water.
Although Spartina alterniflora is present
landward of the southern end of existing
bulkhead, no wetlands exist above IVII3W.
Coastal (marsh) _ Other _
If yes, has a delineation been conducted
(Attach documentation, if available)
m. Describe existing wastewater treatment
facilities.
individual on-site system
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 discharges.)
No direct discharges are planned.
f. Man-made features now on tract
Property is bulkheaded, with existing
concrete pad at landward edge of bulkhead
Also existing is a ramp a fixed pier with boat
lift and "t". A concrete driveway and storase
shed exists on the upland.
g. What is the CAMA Land Use Plan land
ClaSSlflCatlOn Of the Slte? (Consult the local land use plan.)
X Conservation (w/i X Transitional
Developed wetlands) _ Community
Rural Other
(area of Town and Village clusters)
h. How is the tract zoned by local government?
Residential
I. Is the proposed project consistent with the
applicable zoning? X Yes No
(Attach zoning compliance cert~cate, tf applicable)
A Special Use Permit authorized construction of a
commercial marina on this property.
j. Has a professional archaeological assessment
Stormwater run-off to be handled per the state-
approved stormwater management plan
o. Describe existing drinking water supply
source.
private well, one currently exist on
property
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.
Revised 03/95

DC~,1 V~J(~ PL9iNGT{~N, N~
DEC 1 ~ 205
Form DCM-MP-1
* An accurate, dated work plat (including plan
view and cross-sectional drawings) drawn to scale
in black ink on an 8 '/z" by 11" white paper.
(Refer to Coastal Resources Commission Rule
77.0203 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 site. Include highway or secondary road
(SR) numbers, landmarks, and the like.
* A Stormwater Certification, if one is
necessary.
USACOE for pier and marina construction, issued
to Homer H. Ward, 3/10/69.
NC Department of Conservation and
Development approval via letter (see enclosed).
* A check for $400 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.5.113A -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.
* 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 proj ect to the
Division of Coastal Management. Upon signing
this form, the applicant further certifies that such
notice has been provided.
(adjacent landowner to south)
Name Cecil and Violet Ward
Address 341 Willow Woods Drive
Wilmington, NC 28409
(adjacent landowner to north)
Name Tucker-Burnett Homeowner's Assoc.
Address 7329 Coastal Avenue
Wilmington, NC 28403
* A list of previous state or federal permits
issued for work on the project tract. Include
permit numbers, permittee, and issuing dates.
New Hanover County Special Use Permit # 13.
6. CERTIFICATION AND PERNIISSION
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 ofNorth
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.
Revised 03!95

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.
1. EXCAVATION
Describe below the purpose of proposed
excavation or fill activities. All values to be
given in feet.
Average Final
Existing Project
Len h Width De th De th
Access 260' 120' -1.5' -5'
channel /dock 1~,~7~7 MI,W
area
N/A
Canal
N/A
Boat '
^
~ -
Basin ~
Boat 60' 20' -0.5' ' 3~M
Ramp MLW
~~
N/A ' r.
Rock
Groin

NIA a '
Rock
Breakwater ~`
n.~~ .~
Other N/A
(Excluding
shoreline
a. Amount of material to be excavated from
below MHW or NWL in cubic yards 4,120 cy
b. Type of material to be excavated
sandy bottom ,sand estimated to have less
than 5% silts and claw
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d,, Highground excavation in cubic yards
2. DISPOSAL OF EXCAVATED
M~ MA.TERIAL
~~a. Location of disposal area on site, western
_ half of ro e
s/~'1 .Dimensions of disposal area
approx. 100' x 220'
c. Do you claim title to disposal area?
X Yes No
If no, attach a letter granting permission from
the owner.
d. Will a disposal area be available for future
maintenance? Yes X No
If yes, where
Revised 03/95

Form DCM-MP-2 " - ~ i `~" "`'
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands?
Yes X No
f. Does the disposal include any area in the
water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
X Bulkhead Riprap
b. Length. 214 lft of replacement bulkhead
c. Average distance waterward of MHW or
NWL
Maioritv of new bulkhead will be landward
of existing bulkhead.
d. Maximum distance waterward of MHW or
NWL
6'
e. Shoreline erosion during preceding 12 months
N/A
f. Type of bulkhead or riprap material
Mix of wood. concrete, and steel sheet pile
g. Amount of fill in cubic yards to be placed
below water level
(1) Riprap
(2) Bulkhead backfill <34 cv3
h. Type of fill material clean sand
i. Source of fill material Dredge spoil or
contractor delivery.
4. OTHER FILL ACTIVITIES
xcluding Shoreline Stabilization)
a. Will fill material be brought to site?
Yes X No
If yes,
(1) Amount of material to be placed in the
water N/A
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes X No
If yes, (1) Dimensions of fill area N/A
(2) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled?
Material to be de-watered on barge. Material to
be temporarily contained with appropriate
sedimentation and erosion control measures
including silt fencing. Material to used on
western half of site, with eradin~ and gassing as
likely permanent measure.
b. What type of construction equipment will be
used (for example, dragline, backhoe, or hydraul is
"dredge)?
barge mounted and/or land based excavator
c. Will wetlands be crossed in transporting
equipment to project site? _ Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts. Existin ramp on
property provides access to high ground disposal
area and no coastal marsh vegetation exists
waterward of ramp.
Applic t Project Name
~. ~-1.~,G~ak~
S' atu e
Revised 03/95

~~~~iV~~
bCPv~ t~~diLN?I~~JG ! QN. NC
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) X Commercial -Community ,_ Private
(2) Number 2 floating docks along ramp
2 floatins docks for temp dockage 2 floating
docks for fuel dock
(3) Length 100', 175', 107' 162' 66' S1'
fires ectively)
(4) Width 8'
(5) Finger Piers _ Yes X No
(i) Number
(ii) Length
(iii) Width
(6) Platform(s) -Yes X No
(i) Number
(ii) Length
(iii) Width
(7) Number of slips proposed 10, all temp tie
up associated with access to commercial ramp
(8) Proximity of structure to adjacent riparian
property lines 15' to north
115' to south
(9) Width of water body Avg. 630'
(10) Water depth at waterward end of pier at
MLW or NWL_. current depths averase
-1.5' MLW within proposed slimes
b. Boathouse (including covered lifts) N/A
(1) Commercial Private
(2) Length
(3) Width
c. Groin (e.g. wood, sheetpile, etc.) N/A
(1) Number
(2) Length(s)
d. Breakwater (e.g. wood, sheetpile, etc.)
Steel sheetpile breakwaters (2)
DEC 1 4 2005
(1) Length 210' and 170'
(2) Average distance from MI-1W, NWL or
wetlands 190'
(3) Maximum distance beyond MHW, NWL,
or wetlands 210'
Mooring buoys
(1) -Commercial _Conv
(2) Number
(3) Description of buoy
(Color, inscription, size,
N/A
(4) Width of water body
(5) Distance buoy(s) to be placed
shoreline
Private
etc.)
f. Mooring structure (boatlift, mooring pilings,
etc.) N/A
(1)-Commercial Communi -Private
(2) Number
(3) Length
(4) Width
g. Other (Give complete description) N/A
1~>u,. /I/ll~ ck~~..
Appl' a t or Project Name
~ 1~ ~a
~3 ~~ ~ (, '(/ v
Date

Form DCM-MP-3
UPLAND
DEVELOPMENT
~;~~: ~~tir~~
i1:~
G ~~~1 V1:'i'~~:~„ ~f~TG~~, ~~C
~O~I ~ 5 20t~5
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA
Major Permit; For DCM-MP-I. Be sure to
complete all other sections of the Joint
Application that relate to this proposed project.
a. Type and number of buildings, facilities, units
or structures proposed One 30' x 50' clubhouse
building is proRosed. Associated handicap access
ramp and sidewalk.
b. Number of lots or parcels N/A
the water away from the shoreline and into astate-
approved stormwater infiltration system.
h. Projects that require a CAMA Major
Development Permit may also require a
Stormwater Certification. Has a site development
plan been submitted to the Division of
Environmental Management for review?
X Yes No
If yes, date submitted
to be submitted by Stroud En~ineerina
c. Density (give the number of residential units
and the units per acre) N/A
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc.
approx. 2.87-acres
e. If the proposed project will disturb more than
one acre of land, the Division of Land Resources
must receive an erosion and sedimentation control
plan at least 30 days before land disturbing
activity begins. If applicable, has a sedimentation
and erosion control plan been submitted to the
Division of Land Resources? _ Yes _ _No
If yes, date submitted to be submitted by Stroud
En~ineerin~_
f. List the materials (such as marl, paver stone,
asphalt, or concrete) to be used for paved
surfaces. Primarily asphalt and concrete,
may also include some marl and/or stone.
g. Give the percentage of the tract within 75 feet
of MHW or NWL,, or within 575 feet in the case
of an. Outstanding Resource Water, to be covered
by impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking.
Approximately 45%. An engineered stormwater
manaaementplan will collect rainwater and pump
i. Describe proposed method of sewage disposal.
individual wastewater treatment system
j. Have the facilities described in Item I. above
received state or local approval? An on site
system currentlyexists. Anew on-site system
will be permitted by the appropriate local and
state a~yencies.
(Attach appropriate documentation)
k. Describe location and type of proposed
discharged to waters of the state (for example,
surface runoff, sanitary wastewater,
industriaUcommercial effluent, "wash down" and
residential discharges).
No direct discharges are planned. Run-off
to be handled per conditions of the state-approved
stormwater mana~?ement plan.
1. Describe proposed drinking water supply
source (e.g. well, community, public system, etc.)
private well, one currently exist on the property
m. Will water be impounded?
If yes, how many acres?
n. If the project is an oceanfront development,
when was the lot(s) platted and recorded? NIA
Yes X No
Revised 03/95

Form DCM-NIp_3
~-~ ~~,~ v,~l, NC
Gov ~ ~ 2005
~t1 eta (,~tirt~.-
Applica t or P oject Name ,,~/A~
Si ature
~'
Date
Revised 03/95

i~~~~l~~a=~
C~C~~~ U'Y'1 uiUl ~ ~~l ~ ! Q~1, NC
Form DCM-MP-6
MARINA
DEVELOPMENT
(Required for the mooring of more than 10 vessels)
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.
1. MARINA CHARACTERISTICS
n~ n ~~ 1 5 2005
g. Typical boat length 30'
h. Maximum boat length 40'
i. Are any floating structures planned?
if so, describe onl fly Dating docks described in
DCM-MP 4.
a. Check below the type of marina proposed.
X Commerical Public -Residential
b. Will the marina be open to the general public?
X Yes No
c. If there is residential development associated
with the marina, how many units or lots are
planned and how many are currently developed?
N/A
d. Check all of the types of services to be
provided.
Full service, including travel lift and/or
rail
X Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips
Dry storage
Number of boats
X Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
X Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe}
f. Describe the typical boats to be served (for
example, open runabout, charter boats, sail boats,
mixed types). recreational runabout
2. MARINA OPERATIONS
a. Check each of the following sanitary facilities
that will be included in the proposed project.
Office toilets
X Toilets for patrons
Number 2
Location NE corner of tract (clubhouse)
.. 0 Showers
0 Boat holding tank pumpout
Type and location
b. Describe treatment type and disposal location
for all sanitary wastewater.
Onsite septic system for clubhouse
c. Describe the disposal of solid waste, fish offal
and trash disposal.
trash dumpsters
d. How will overboard discharge of sewage from
boats be controlled?
Signage posting "No overboard dischar eg '._
marina policy.
e. Give the location and number of "No Sewage
Discharge" signs proposed. 1, on fixed dock
alon whet slips
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste and petroleum products.
Revised 03/95

None
g. Where will residue from vessel maintenance be
disposed of?
Removed b~contractor haul-off.
h. Give the number of channel markers and "No
Wake" signs proposed. None
i. Give the location offuel-handling facilities, and
describe the safety measures planned to protect
area water quality. 2 fuel dispensers on
fuel dock, 2 fuel dispensers on floating dock along
ramp. Dispensers will have emerg~ency shut offs.
Dockmaster and staff will enforce good
management practices and marina polio Oil
absorbant pads and booms will present for the
clean up of any spills.
j. Describe design measures that promote boat
basin flushing or circulation and that reduce water
quality impacts.
Final depths within the project area will be -5' but
dredgin~~will tie into the existing. -6' contour to
promote flushin out of project area.
k. What will be the marina policy on overnight
and live-board dockage?
No live-board or overnight allowed.
1. Is the proposed marina located near any
shellfish leases? Yes X No
m. If this project is an expansion of an existing
marina, what types of services are currently
provided?
Fixed pier, deck, 2 wet slips, and commercial
ramp currently exist. Ramp is available for public
use. Twenty wet slips formerly existed along the
fixed pier, and fuel was sold at end of existing
deck.
n. How many slips are now available? Two,
excluding the waterward edge of the existing~`t"
o. Is the marina proposed within a primary or
secondary nursery area? X Yes No
p. Is the marina proposed within an area open to
shellfish harvesting? Yes X No
q. Give the location and number of "Pumpout
Available" signs proposed. 1, in a central
location
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Ap li nt r Project Name ~=- f1`~yl /~'G~Q
f ~~
Si ature ppry
~! A n,.i ~l iy/l
Date
Revised 03/95

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Note: New Hanover Soil Survey dated 1977.
The only marsh on site today is watennrard of existing bulkhead,
southern portion of bulkhead only.
Site is entirely Newhaven Series.
C ~ ~ .., -,
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N
0 1000 2000
SCALE 1" = 1000'
Land Management Group, Inc.
Environmental Consultants
P O. Box 2522
. Wilmin ton, NC 28402
s~o-452-000
LMG # 02-02-224
C:lprojed filesticarolinamarinalgp
CAMA Major Permit Application
Carolina Marina
NRCS SOIL SURVEY Applicant: Carolina Marina LLC,
New Hanover County c/o Mr. Tim Ward
Location: AIWW, New Hanover County
Date: Revised 2!9105 Sheet ~jof 13

N
.-r n. ,;~; ~ ~~n;r.--~;~
~!'~ `~ ~ 5 200
Note: Tax information & 1998 aerial photograph
obtained from www.co.new-hanover.nc.us.
1,
Land Management Group, InC. CAMA Major Permit Application
Environmental Consultants Carolina Marina
P.O. Box 2522 Tax Map
Wilmington, NC 28402 New Hanover County Applicant: Carolina Marina LLC,
910-452-0001 Tax Administration cio Mr. Tim Ward
Location: AIWW, New Hanover County
LMG # 02-02-224
C:lproject fileslcarolinamarinalgp Date: Revised 219/05 Sheet ~ Of f 3
0 300 600
SCALE 1" =.300'

Photograph shows property prior to 1970 ACOE permit~~authorizing N
pier with 22 wet slips. ~. ,, , , ,,, ~ , ,.._ ,
~~~;~': 3. 5 iGO
Note: Photograph is not to scale.
Land Management Group, InC. CAMA Major Permit Application
Environmental Consultants Carolina Marina
P.O. Box 2522 1966 Aerial Photograph A licant: Carolina Marina LLC,
Wilmington, NC 28402 Soil Conservation Service PP
910-452-0001 Go Mc Tim Ward
LMG # 02-02-224 Location: AIWW, New Hanover County
C:lprojectfileslcarolinamarinalgp Date: Revised 219105 Sheet ~Of I~

Note: Recently constructed pier evident on subject property,
following issuance of USACOE permit. N
Gri 1 ~,~~,I }. ,t i,I^TGi~i ni
~0'~' ~. 5 20G~
Note: Photograph is not to scale.
Land Management Group, InC. CAMA Major Permit Application
Environmental Consultants 1970 Aerial Photograph Carolina Marina
P.O. Box 2522

I c;HMA Major Permit Application,
Carolina Marina
BULKHEAD DETAIL
Date:
10/18/05
~plicant: Carolina Marina LLC
c/o Mr. Tim Ward
Location: Myrtle Grove Sound, AIWW,
New Hanover County
Sheet ~~~ ~~
Number:

:~>
..-- - -_ ~ -.~. I`~C+7~ 13AN0~7"R` COI7iITY
Permit No. 13
Application lvo. I4
Zone ~R-l5 '
A Special Use Permit is hereby granted by the Berard of County Commissioners
alter consideration by the Wilnirgton-~Iew Hanover Planning G~mmission to
Homes H Ward
to use the land located at Route 2 Box 241-DD Barnette Ave. (S. R. 1527)
for :Marina
based on the following conditions: ~1) That 50% of the c:~~~^~"^^~- r"~?~'_~_ ~n~>•P~ j
be at ].east 32 feat in length -----
(~l Proyosed sign not to be lamer than 32 square feet in size -non-illuminated.
(31 That no construction of boats be permitted on the lot.
X11 ~R~ nrnnticad c1,:;: I~/.~„qe ; s c~~n~tructed additional off-street parking spaces be
provided in accordance with the 2o~a.iri~ ~~~~dina_a~~e,
~l All sales anu sue.-- L~ °;1.-, "`~~ ~-~~' t~je ob erat? n,, of the c?.~~b f~^_?.~ t ~ s?~a77.
be incidental to the marina operations.
/~\ n_T .L L._ _-- __~ L1 .L-~ - .~~ `r~oir'1t aax;e j)F as eni i~g_,~d-pil.. ~s I73iI be..
. .~ .. .. . ._ ~ ., 'J. . .....
from an enclosed structure. - -
t i) I~ic 5wuki~iK, signs Shall be pasted at each gasoline p~iri-= _ ,j .---~_,____-_
This Special Use Permit shall be subject to the conditions listed above and
the Zoning C3rdinance of New Hanover County. Zf any of the conditians so specified
^. any part thereof snail be held void tat 1L1Jalld, ar I.f ally such CAudltiL~nS are
not complied with, this Special Use Permit shall be void and of no effect, the
Special Use Permit is 'authorization for the Building inspector to issue a building
permit far the use listed aboti°s.
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GQt)t~ET1' OFFfGE BLDG. RI+INIX
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Girl ~`~~, ii_~`vltiia i i~, ~1ri
CAMA Major Application
Carolina Marina at Carolina Inlet Ij E ~ ~ `~ LGO
Burnett Road, New Hanover County
December 2005
Site Overview: The project site located at 1512 Burnett Road in southern New Hanover
County. The property is 2.87-acres in size, with the front property line abutting Burnett
Road and the rear property line abutting the Atlantic Intracoastal Waterway/ Myrtle
Grove Sound. In this area, waters of Myrtle Grove Sound are classified by the NC
Division of Water Quality as SA, and are open to the harvest of shellfish. Waters have
been classified by the NC Marine Fisheries Commission as Primary Nursery Area (PNA).
The site was developed as a commercial marina in the late 1960's and early 1970's.
Development is documented to have included: construction of a fixed pier and dock,
twenty wet slips, a concrete ramp, dredging across the entire riparian corridor, filling,
shoreline stabilization, and the commercial sale of fuel from the terminal dock.
A 1969 US Army Corps of Engineers permit authorized the pier structure, and a
1/12/1971 letter from the NC Department of Conservation and Development documented
on-going dredging (enclosed). A state dredge and fill permit was completed by Homer
Ward (then owner), and a subsequent 1/14/1971 letter from the NC Department of
Conservation and Development indicated the state's requirements for approval of
dredging and filling were satisfied. A series of photographs are included to document the
previous dredging, date of existing structures, and previously existing twenty wet slips.
A 1971 New Hanover County Special Use Permit allowed for the marina, as described.
That Special Use Permit remains valid. County planning staff has reviewed and
approved minor administrative changes to the plan which is consistent with the plan
submitted in this application. It is noted the county conservation overlay district
requirements are not applicable since the property and the project pre-date the effective
date of that ordinance. The county planning staff's recent review and approval of the site
plan confums that all county planning requirements have been met. A copy of the
county-signed site plan is enclosed.
The boat slips were utilized until approximately 1990, when the mooring pilings were
removed and a boat house was constructed along the fixed pier. All other water-
dependent structures remain including the ramp which has had continued use. The
upland portion of property currently contains a driveway and detached garage (a
previously existing home has been removed). The majority of the site is maintained as
grassed lawn, and no wetlands are present. Since the entire shoreline has been
historically stabilized, no coastal marsh exists above mean high water. A single stand of
Spartina alterniflora exists waterward of the bulkhead at the southern end.
Requested Development: Replacement of existing and previously existing structures,
maintenance dredging, and associated upland development are now requested.
All upland and water dependent work would be consistent with the site plan previously
authorized by the Special Use Permit, including some administrative changes to the water

dependent structures as shown in this application. These administrative changes have
been approved by the county planning department.
Work would include (1) replacing and enlarging the existing concrete ramp from 15'-
wide to 20'-wide (2) constructing two floating docks to serve as temporary tie-up along
each side the ramp (3) constructing two docks with ten slips for temporary tie- up
associated with the ramp (4) maintenance dredging on the northern half of the shoreline
to a final depth of -5' MLW (4) replacing the current fixed dock with a
floating/commercial fuel dock (5) improving parking and constructing a clubhouse and
(6) installing new septic and stormwater infiltration systems. Sale of fuel and boat
maintenance will be provided.
It is noted that maintenance dredging is requested only in the northern half of the riparian
corridor in an effort to minimize the area of maintenance dredging. The width of channel
from the ramp to the AIWW has also been reduced to the minimum width of 20', which
is the minimum deemed safe for the passage of two boats. Dredging limits are also
designed to avoid the Spartina alterniflora located waterward of the southern bulkhead.
Total area to be dredged is approximately 33,600 sq.ft., with approximately 4,120 cy3 of
sandy material to be excavated. Dredging will be performed with abarge-mounted
excavator and material will be de-watered on the barge. The existing ramp would be
used to move de-watered material to upland at the western end of the property. Spoil will
be graded across the western half of the site and permanently stabilized.
All requested dockage would be for temporary tie-up, to be used solely for dockage of
boats awaiting ramp access: Established marina policy would prohibit permanent
dockage along these docks. No dockage would be.allowed on either side of the fuel
dock. Due to its short length, both sides of the fuel dock will be needed for fueling. A
gate and marina policy will enforce a "no dockage" policy at the fuel dock.
Upland development will consist largely of parking to serve the marina. As allowed for
in the Special Use Permit, one clubhouse building containing two bathrooms will be
constructed to service the marina.
Additional Permits: A Stormwater Management permit application has been submitted
to the NC Division of Water Quality. Likewise, a sedimentation and erosion control plan
will be submitted to the NC Division of Land Quality before any site work begins.
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AGENT DISCLOSURE FORM
TO WHOM IT MAY CONCERN:
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'~ZLiiei~n~ton, /4'~ ,fa9os
/we, the undersigned, hereby authorize Land Management Group, Inc., to act
as our agent in the preparation and representation of information submitted
within the 404/401 and/or CAMA applications and/or septic permits. All
questions in regards to this application should be directed to Land
r, -
Management Group Inc. ~~^.~,;f °, ~---

Sincerely,
Ow er/Applicant
Date

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ROBERT W. SCOT ~ ~ ~ttlti~h 27b11
GOVERNOR
ROY G. SOWERS, JR. Janua
DIRECTOR ~ .~~~ ~19 t1_-^,~
~;~~a ~ ~ ~~~~
DfVISION OF COMMERCIAL
AND SPORTS FISHERIES
TELEPHONE [phone]
MII~IORANDUM T0: File
FROM: Thomas Z, Linton (Ed Wade)
RE: Application f'or a permit to dredge or fill submitted
by Homer Harley Ward dated 1/11/71
Applicant has a Corps of Engineers' permit, and the project was
started prior to January 1, 19?0, No action need be taken on
application for a State permit other than to place in file for inform-
ational purposes.

ROBERT W. SCOTT
GOVERNOR
ROY G. SOWERS, JR.
DIRECTOR
d~,a STATE ~^y
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January 12, 1971"-'--~-~.r-~-•~. ,.;_-~-. DIVISION OFCOMMERCIAL
~ `"-u"-"' ~f ~-`--' AND SPORTS FISHERIES
,~,L~ ~~,f ~L;~71"~_a;~ ~ ~~I i; ~~~ TELEPHONE [phone]
X10 V 1 5 2005
MEMORANDUM TO - T. L. Linton (Ed Wade)
From Jim Brown
Subject App, for C&D Permit - H, H. Ward - dated 1-12-71
`While flying with Pilot Arthur Rose January 11, we observed a dredging operation
in Myrtle Sound on the west side of the IWW approximately 1/2 mile south of the
Carolina Beach Inlet. Mr. Ward was having the dredging done by Harrelson &
Thomas (co-owners of dredge DWAR ~~1001). I stopped and talked with the dredge
owners and with Mr, Ward. No C&D permit had been applied for. A federal permit
was obtained for construction of the bulkhead and to fill within the bulkhead,
but not for excavation of fill materials from submerged bottoms, The federal
permit is No. W-661 dated December 2, 1968,
I informed Mr, Ward that he must obtain a State permit for any dredge and fill
work begun after January 1, 1970, in addition to his federal permit, and also
that the federal permit obtained did not cover dredging which is presently being
done. I also mentioned to Mr. Harrelson that this is the second case in which
his dredge had been involved in unauthorozed dredging,
I assisted Mr, Ward in completing application forms, maps, etc., to apply for
the State permit. These should reach your office at about the same time as this
memorandum.
From being on site, it was quite obvious that the dredging in progress was hav-
ing little effect on fisheries resources of the area, and that all spoil materials
were being adequately confined behind existing bulkhead. Had an application been
filed, it is my opinion that there would have been no. objections voiced against
issuance of a permit.
Since the operation was approximately 2/3 completed, Mr, Ward and the dredge
owners were quite concerned ahout the stoppage of this project, I informed
them that I had no authority to allow continuance, but I would relay the cir-
cumstance to the Fisheries Commissioner for his consideration in allowing con-
tinuation of the project,
Jim Brown

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
P, 0. Box 1890
Wilmington, North Carolina 28401
SAWVK ~ ~ ~ ~~ 3 `~„~ ~ ~ S
Cl~~i'v4~1t,'4'ii ~u ; ~2. bPCember 1968
PUBLIC NOTICE
MR. HOMER H. WARD, 2914 Lake Shore Drive, !Jilmington, N. C., has made a
cation. for a permit to CONSTRUCT A BULKHEAD BOAT pp~-
GROVE SOUND ABOUT OPPOSITE NAVIGATION BUOY 155-A IN~THEAATLANTICRINTRAYRTLE
COASTAL WATERWAY near Carolina Beach in New Hanover County, N. C.
Plans submitted show a bulkhead and boat ramp near.the shoreline with a pier
b feet wide extending approximately 210 feet channelward with a 10-foot by
100-foot ell on the outer end. The outer end of the pier is to be 290 feet =
shoreward from the centerline of the Atlantic Intracoastal Waterway. Plans
showing the proposed work are shown on the reverse side of this notice.
The determination as to whether a permit .will be issued will be based on
an evaluation of all re levant. factors including the effect of the proposed
work on navigation, fish and wildlife, conservation, pollution, and the
general public interest. Comments on these factors will be accepted and
made part of the record and will be considered in determining whether it
would be in the best public interest to grant a permit, In cases of con-
flicting property rights, the Corps of Engineers cannot undertake to adju-
dicate rival claims.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office until 4:45 p,m., 2 January 1969.
PAUL S. DENISON
Colonel, Corps of Engineers
District Engineer

Rev. 7-70
APPLICATION FOR PERMIT TO DREDGE OR FILL
STATE OF NORTH CAROLINA
DEPARTMENT OF CONSERVATION AND~EVELOPIVIENT~`• `~~'~
Please type or print ~ ~! `f 1 >'~ 20G5
(1) Name of Applicant: ~ ~ ~ • ~ -
Last First Middle
Address of Applicant ~ ~,"~ ~' ~`~~ ~ C ' .~`/~
~ ~,, S reef, t. O. Eox, Route No, Phone No.
City or
(2) Location of Intended Operations:
(a) State Name of County ~ ~
(b) State Name of City ~ ~ a '
(i) Proposed Work Within City Limits
(c)
.(d)
Yes
No
If so, Name of,Nearest Na 'gable River Sound, Bay, Stream, or State-Owned
Lake. ~ ~J _ L ~.,.~ a~ ,/ r ~-~
(3) Indicate Width ~? ~ ~~ ,Depth ~~~
and Length ,~ ~ ~'-
of Proposed Channel or other excavations,
(4) Does the area to be dredged include any marshland? ~ yes i/ No
(Please check on
(5) (a) Purpose of Excavation and/or Fill Operations i
ns ~ G
. ~ ~,
= ;(bL State Contemplated Use of Property after excavation and/or Fillip
~'jj ( _ . g Operations
ip Code
O
Yes (~' No's
State Name of River, Sound, Bay, Stream, or Stat -
tributary to the involved waters, 1 ed La a or nearest
G
Is the Area Subject to Regular or Periodic /ooding by High Tides

(6) (a) .State Approximate Cubic Yards of Sand or Dredge Material to be Removed
(b) Location of Disposal Area ~!~,~: `~; ~ ~'
f~~
_°
(c) Does the disposal area contain any marshland? D~I'v~l y;".~`ht'~'~" ~' J~'~• ~~
Yes ~-~ No --'
(please check one) '~r`~ ~ 5 L0~
(If yes, state whether the disposal area contains marshland above the high
tide mark, below the high tide mark or both)
(d) State how spoil will be entrapped or enc sed in compliance with ll3-229 (i)
(page 6 of this booklet) ,~ j ~ ~~„ ,
(7) State type of equipn1ent to be used:
dredge ~ dragline
(cheek one or both, if applicable)
(8} Attach a Copy of the Deed or Other Instrument under Which Applicant Claims Title
to the Tidelands, Marshlands, or Other Properties Adjoining the Waters in Question,
OR
If Applicant is not Claiming to be the Owner of Said Property, then a Copy of the
Deed or Other Instrument -under Which the Owner Claims Title Plus Written per-
mission from the Owner to carry out the Project on His Land.
(9) In. the case where filling below high water is involved, the applicant must request
an easement to fill from the De artment of Administration by checking this ~.
block. Q /~
(10) Attach a copy of a Plat of the Areas in Which the Proposed Work w'
on-which the proposed work, Spoil Disposal Area, etc, is Shown, 1(Se~ms lructiond
Booklet)
(ll) (a),-Has a copy of the Application Been Served upon the Riparian~Landowiiers
Adjoin-tng the Applicant's Tract in the Manner Provided by G, S, 113-229 (g)
(9) or (10)? (See Instruction Booklet) 2/
i
(b) List the Names and Complete Addresses of the Riparian Landowners adjacent
to th~icant's tract, ^

/r /~~
Applicant's Signature

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STATE C>F NORTH CAROLINA
S.S.-WARRANTY DEED
Nr1N HANOVER COUIoTTY
r

~'I~IS ~NDEN'1'l~E, Made this~~day of May , A.D., I9bb.-
by and between Walter L. Barnett et ux. Hannie I_ ~++~n~a~~~ ~~__ ~~

New :Hanover
• • • County ~of,. •` _and
State of NQ~t~b, Carolina , of the first part, and HnmPr H _ Y~ar~ et ux,
FrancQS Eliz,~heth Ward of
in the County of_Lyew Hanover and State of Nnrth_rar~lina •
of the second part. .
WITNESSETH, That the said partie~_of the first part, for and in consideration of the sum of
----------------------------=--TEN DOLLARS AND NO/100---------------------nollars
and other valuable considerations to~~- in hand paid by the said part ~ PS of the second
part, the receipt whereof is hereby aclo~owledged, ham given, granted, bargained and sold,
aliened and conveyed, and by these presents do hereby give, grant, bargain and sell, alien,
convey and confirm unto the said part~.es of the second part and to their heirs and
assigns forever, all that certain lot of land situated, lying and being ~n .
County of Nor HanflvcT. • • _ • _ ~ and State of North Carolfiia, ~bouaded and
described as follows, to-wit:
BE NG au of Lot.~a 2,} 3 and 4 of Block B,, of •the Ticker B~+rnP++
~~Subdivision as the same ~annears on a man ~.P}~.e~ed by M. H. Lander, C. E.
dated May 10, 1947, and recorded ~in Maw Bow{ 4, Page 72 of the Regime
of New Hanover County, together with all of that land, marsh land,,_or
water lying to the East of the above described lots. and extending East-
wardly to the Western edge of the inland waterway, bounded on the North
by the dividing line between lot:.8 in Block 2, and Lot 2 in Block 3 in
said subdivision if•same were extended Eastwardly, and bounded on the South
by the dividing line between lots 4 8 5 in Block 3 in said subdivision
if same were extended Eastwardly.

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4
2- 3 .4 y d T ~ 4 ~ ..~ f I
~ x"-...E~ -'S.-?t `t 1 ~,~ i „`~'"` l 3;5 3 Z - ~ .+. 4 ~ a ~ -;-..~'i`. =~> r ^Rt ' a k
~cc-'~" z> ~ 7J r i. r..x2 -+-,~ ~ y3'~E~y~ .~~"' ~ >~~"~ -- ~ xa `' vIY,'~"^~ 4
~~ ~ .,"~~ ~s ; "".,~~s ~ ~ ~~ z" -~ : ~ ~;w •::~:; ~ ,~ u , „~, ,. ~ "1"'`H E ARMY .. ~` ~r ~>~~.~ ~~ ~'
,,; , ~ No~sa..-lt is ter be nnd._;stoo~l that pia 3rrsEiaa~#.does noY.. ve an • `., _ .. • .,_,.;,,,,-, . ~.:,
ria~,. or anp exclusive Sr 9 FrTOlxrtp r3fr3r{s ritfri~t in rea9 eatate•or matte
t=~ ~ :. Frr~leg'es, and rt}rat It does no[ authorize $nr ininrs to pnvaLtr •trrrijter'tp or invasion of privsta
.~ ,
rights. or'in~ infringement of. Feder~I, ~t~'te, ui• kcal leers er relations, nor doP.s #f ril>~+jate thr tiecrssiYyaf Qb
~ ,.
,State casertf Lo the wtirk ant2iari tsiaing
,~ ;
~ R ^(See Crzms~tirrga v.Chiaago, 188 U. S:, ~3Q) _
~~~. ~ n ;. ...
_..: . .
~t _ ~4 ^ 'y ~~n$ton Mstriet~'~.Corgs •ai' Eng.beers; .
~ Y, ~ '` _ ~ingtoo, t~ox~th Csra2in~
f « ~ ~.~~ '
Y-- "~ 291# Iake Shore ~`:' "
. ~~} •K l~ I' q t'_
.=y t..? ~ s s _ .
~x~ -O_~ ~• Lr 2x401 3~, ,t I~ ~ .~' ~ Y v~ f i. r `'
~y yet ~• _.ty 3 , - .. •,., 5i • ~ ~` . .. -
~ ~i ~•~ F~~~ ~feferring to ~rit•ten request ~atsd ~ ' •• .
s , ~~.. . ~ ~°~ s N 196$ °x;.,,
•~~ ~'~irs~a ~i°i,: ' esq. 1~ ,•
,t~~" ~ I have to inform o ` ~ .
.. p u that, upon the recommendation of tre Chief flf Eagineers,
~'~ °~ Bad uade.r thb provisians b~ Section Iii of the Act of Congress a „
'~ pproved•Yarch 3,
~~ •' Y :~ ZS99, anti tied •itn act' mskin • ~ ! - . .
" B ppropriatioas for the construction, repair, end
~- ~ ~ '
"°~:~•~k=' •: Preservation of eertaia public''irarks air rivers and harbors., aiicl for otber ptir- .
t :`^~ ^ ,pnses,~ you $re here'h~ 8utharisad b7 the ~5ecretary oS• the x ~. ~'
~`~Y ~x 3u a~ Y_ rmT~ ~~
~ ~ ~ ~ 3' ~4 ~OtiRtl't11Ct ~ auliiaCaCi~ , ~ ~r~~ ~ ` pr ; o, fret Z.7 e ," i ,~, :: ~_ j ^. ~ ,
s{.~.x:,'? *• __`r'_,• .ra?'. .ar : _.< _. _. ...y VS , ~~r«r~tJs.~s~n ' ~+F j.?~;s_ -t ,' ° _ • _.r.. .,.taw+;
~ Myrtle Sound about c$~ n~'`~'. $°o~-r,1,55-A ~ the Atlartt~.c Iatra-
`~~- cflasta3 Waterway ~ - °°"`~`"
rf_ - ..
• ~~~ •
~~!• ~un'~° 'y~ n w~^-TCaawa loyal t1 T=Drefera~bl~ i~~e~ ~~ ,
!b~ rm.; •taitnt wtlathar abo.a a below a dr"~na !n i•fLer and tcatba from soar B.AnlL Pmt is
Fns direction b
I
`~;
7 pofats of ~~.}
'~c
• :. ~ i:a accordance rith the plans sha.;.i oh the dt arriag attached hereto
. .. ~ (Or dawinta' -'i+a 61e naaiber c•t Diner Se4nlte id.atitrution matte.)
. ,. • f'Propoied ~ Pier Portion ?ticker-9itrnett Sub-t1iv., Nyz-tle Gave Sound November 9 •
. ~ ,
~. subject to tY:e °ollowing conditicas;

•.;:~
NORTH STATE ®REDGING ~oMPANY
.~. -
. i
AREA CODE 919-256-2402 ROUTE 3, B.OX 327-C
- WILMINGTON, N. C. 28401
. Tvavember-'`3.0;' I97a'
'~ Mi.J K. s 'v
Nvr~le C-rave ~:Fe. ~. t, LIiJ•/
v~7ilmingtont N. C.
dear Sir: ~ ..
. ~z~ accQr.da~ce with- ya~r regues~ `fQ~ a presposai-far d_-edging
' approx.riately i0r 000 cubic yards of ma.tei iaZ from the area
between your east bulkhead line and the ~.tlantic ~~.tracoastal
h~aterway we propose the following; ~ ~~
.~.
Na. 1 ~e will furnish all., ~abar:;~:,equ?pFnent::and .supplies
to dredge the area indicated to an aver,aae' . depth,~of 6 feet ~ ~ "
at mean low mater and place the material or1 shore be _' d
d~-kes or bulkheads as required for the Iump sum o~ X5000.00. -
No .. 2 The c+-,~ner agrees to pay for the .yaork under thEs
--..=-H t:~-~. ; ,- failowin~} schedule: ~ ~ ~ --- .
{a) The sum of ~~00 when w~r~F~is started an the dykes
and ~5a~ when the dykes are complete.
{b) The sum of $1000 when the dredge is set up an the
jab ready to pu1-np. ~ '
{C~' Tter~s {a) and {b~ will became due and payable recard-
less of the amount of , yardage pumped.
{d~ In the event that wank is stopped by any goat°e_nmerl
~"` - agency before-`.tie entire Q_ ~a Ls ~dredged,~ sew ~ie=?e-
nt aili be made at the rate of X0.50 per cubic yard fGr
all yardag° pumped over 4000 c~:bic yards.
I~?o. 3 in the evert of a, work stoppage by any go=~rern:nent=
al agency North State ~z'edgi ng ' Co=!-gyp=.niT agrees to remain at the
site of the work for a period of 48 hours while the oemer
negotiates for a release Or at?-~er dtJCUIFterlt. ShaT.zld the di tier=
ence be resolved within a yeardNarth State ~redgina Company.
will retu_~-n~ta canplete the original ca~tract however they .
will ndt be responsible r"ar any shoaling wh? ch P:'cay have C~CCUr-
red ? n the i r c'".-.er ? IZt. .
~%e l oak forward t~ working with yd`s'. L?n this pro jet. ~ -
~ccepted for ae.Tner: Very truly yoursr
~~
rte: ~~r t~;ard
Albert ~. Thor~~asj ~;r.
_ _..,

TIMOTHY H. WARD
CAROLINA MARINA & YACHT CLUB, LLC
COVER SHEET
.FOR -~ -~: ' -~~ _;
PHOTOGRAPH 11-70 ~ ~ ; _ - _: - ".zY
V , _ y''
Site shown in DOT photo - 1970
Shows dikes built on site to contain spoil from dredging.
Note sandbar and lot dimension at this time.

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~'
.;,.4 '',~ . .'~fl;~ What the r`ark aha?~ lx`subject'ta t~sc suprzvisibic sa$ appra~•s.I of the Distort Engineer, `Goi-ps of Engineers, ~' -
-'- ~' . ~ thxrge of the localitg, echo isrsy'Xeai.porart'Ty suspend fare wozk at any time, if in his judfiment the interests of nays-~~'
~- ~afsan !~o tcga'irr„ •: `~ ~~ - • . ~ - .- _'~ _' ; ,
~" ~} ~-.~"~ ~~•fr,~ T3ra# an,3 ~tss3erra` ~ ~~r ihs pri~ses;i~.r,-s ~~f ~} a •a'ark-~zeic~-ecu{~rariziscrsha~i be remnsi;d~vtstl~ ~'~t3 nn .~~+a
~~~~
,_ ~~h c~efi~Eus~°piir~-tadgY ~ii•~aR'1 #}~~hr rx~ir~t~~ur s~cep`"Iar-1~s t}iat ma3 hsvr. a Lnndency to ~avae 1t~}ui*y tb -
~X~,-,~,`'~~~na.~ii7x'te ~~•atxe7~-ar~Lo the 3~i~~rt'a•'~~:aat~sev~z~.~ha11'Yir'7oft: l'f say PIPe~!~isr,`'~or a_+1i1e hezPby•an~fiiarized is lard ', ~;
~~~r;.7 ,~- fiII.i.'treneh, the. formation of Mier#3axia~t"_7ii~r~i's.~so:;-s i:~e bed of the wateraav s3s~,I3:;.te .ndtiid_.gg'1 and:ihe~~back filling `._
4„~~ ~{ ~':•s'hali },e so dame as not to ufctiesse,~~sxe zzxt. ofi3t<?:tre dredging for narigation v,rl~riy materia~l~:to- be deposited or ~` •~ ~:
._-~•,_o:'_a,~•.tiirml+ed un8er this auYhorimbon, e;t~er'zn the waterway ur rn :hone above high i~~ter mark; shall be deposited or = .'
Ak~~~ ^.r`Y;~,^; dumped at the ]ocali.ty shot: n oa tlre'-drsas•inR hereto 3ftsche3, and, if ao pre~critzrd thNreon, within or behind st Pood JN..Y`;,M.
~~ ~ •and sntbslsatial bulkhes~d ar bnikhcads, -such sa.•aiil prevent escape of the material in the waterway, If the mate-~.~
~''~`~`l, ~ • _ .,;r?al is io be deposited i'n t#re :r;arbar of ::+ew S•arlc, bi in its adjacent or tribistarp ttatr_ra, ar in Long Taland Soand, a , ~
.~ i~,~ T`' permrt thcrrfor mast be previona`ly'4315tained frxur `ire Supervisor of New York Harbor, NeF T•trrl Citt, i,i~ `~~
z ~ {s) That fhzre shall be as ua~::asonsble zs}erference with navigation by the work herein authorimd: ", "~- ~Y
~~rz` ""'f `r ~ ''~-ti~ Tlra't if inapeetiona'ar ssty~~aer gpcrat+.]' Tins by the •tinited States aze•necsasary iri the interest'of naviYatto~ ~''ixvs ~"3it
`~~°~ asre i71 espeaaes connected therewith ahazl be'borne~p the•permittee. W . ;Y ~ j:"+k~~~c
'~~ ~~~ _ ~~) That no attempt shalt "be m~$d bathe p~rmittee or the otcner to fotbiti the furl and free use by the pubite~r)"'':~'~W~y.~ +x,
w~ r+ g ~ ,?4 yet %~hj
~_,;:. ;. '~ fll ttavigah]e wateis st or ad~aecrst.tci#re work bi•structure_ . '~3 ~~~~~
~~ '„ •~~ That ii suture aperationa'bg:'the Zniteil.States require an alteration iri the position of the structure or warl[' ~;~~~,~5
kw~r ~ ~ ~,r,• bere}z aathorized, or if, in Ehe optnitsnof t}ie Secretary of the Arne;, it ahail cause ti~trie;uagnahle t~bsiruction to the fie~ef ~~~~,~
~': • ~^ ,, aav?~tiQn of said water. the owner ~'Ii be regsiiied upon doe n<~tice from tTie Secretary of ~thc Army, to remove~o~~~;a~„ ,~
~~'~"`~` alter i'he strvetural ,cork or obstrssei;iuns caused thereby a ithout exTien~c to the united fittitcs, so as to render navies ~ ~~`a.T,:
'~,'Cr~~~~5„~~_;tion reasonably free, cusp, and unobaf•Yuited; anti i'f, upan'the expiratiari ar ievocatirm c:f this permit, the atiroctu-T•~,'~y~~~~
~~.. ,~, • iiIl,• ticcav:tion, or'othes m«liiicatinn of the wstucotirae hereby authorized afis1l na± be rnmp7eted, the owneia sha~1, ?~~y~~
~:~ : 4~"•-r".,.:. tsaithont expense to the Linitcd Etxt~ai:rl tri such extent and in aur3y fsmc and manncs sa Ehe ;XCZetaiy of the Armar y ~~~~~,+
~, ...,,..:; .;:.s`jv4~;;.,
{ iiia~+ legnire; iemove all or anp port%ritY of the uncvtetpirted structure nT fill and restore to its former condition the Wadi-' • ; F
j y.
~~ trabte tapaciy of the ~catercourae_ `~to •tlaini than lac made against the Gaited States an account of anq such removal ` :_~
1;,;_ ~+. .4 ~ '~~pj That fhe United States sliu~l'in'no case; be T'iable far any damage oz injury tcs the atrircture'or work herein .,
~~,"~.' •'~`~:. anthtsrisad which inay be caused asp eir result Troia future dpeiatioria underiaiten by •the ~rsvernment for the tonaerva-
,t. .- +•+r~=., tian~oz itirprovemeni of navigatian,.,a: fvr other ~ru:•fioses; and no elairi: br right tb csampcnsation ShaII secrue from
~'_'~ IL That if t3ie dis is of li hta and ai 1s vn an work hereb
='`~ ~~+ ~ l p y ~ gna y y ituthorized e9. abt afhcrvnse pradided for by ]aw,
anc~i Tights sad signals a: asap be piea~:bed b, t~lre ~i • S• 'Coast Guard, shall be iirstalierl :nod main.tamed by and at the
~;•'.z*; s ~= rapEnae t1f the owner. ' .
~`
~.,<~~. ^~=~~•',;_ '• {i) That the permitter 'shall 'aiitii~ the said district engineer at chat time the iu ork will be commeiietd, and as
rx'J•' ~ •'' ~` •~ ' • fir in adtance of the time ai coarmlenccment as the acid. district engineer inay apeeif y, and ahail also ratify him
s:r~. ', ~ Prnatptiy, in .t~'ritinK, of the tommerincment of ~scork, susprnaion of work, if #ar a Tr:riad of mare. than oat week, .
._,.
. ,:
;',, {",'..;:'~.•'`:: resumption iii work, and its completioiz:. ~ .
~- •- ''
~".~ ~ 117 That ii the structure or wsir'1=.?:erein authaiixed is not coir.~let:ed on dr before -_._. S~t_.:____~___~~. da7 ,
.~ ~ 1'1wx~s:~hwr. __ . .
~~,, `s a of _ _.•. , I§ ,.`,l`l: this permi`k, i:f »ot previously revoked ur apeciSLaily ezten$ed, 'shin cease and
4a.'dr~'f. 7 7:. bG ni111 and void. ;- -rids ' t~ ~^' ~ ~ ~ f ' -. ~ - - •`
s
~~ ~~ i ~~ (~C) that the g~rmitte~s"sell •~co~ly pronQtly wit'~t` any,re Lions, .canditione,
~~
.-'`~,'~ ~ ~;,o~ astructioae >tffectin~~'~~he xarlC' ~er'eby atrthasized i£ and. when:.saue~. by the -
~~~ ~ •
~,t~ ~' ~_ F`e~leral utter Psllluti.ofl Ca~trsil Adninistratibn sod/ar the State water pollution
~~_y~,~:.:..,.,`-~ control agency hsti-ing ~'uriidiction to abate ar prevent water pollution. Such reg-
'''~` "~"~" ~ ulations; con<!itiona or instxuctians in effect or~ prescribed by the Federal taster
~.M,;: ,.
_--r.~t°4~= ` Pollutioo_tControl. Adeeinistratim air State agency art he-eb~ made a conditic~at of
~~, C%i"~ ~~ permit - l;~r: .. .. ~. I _ :_. S
•iY.
~~":~"`%:,~;. $y 8tlthoriSy of the Sec'reta.r-y of the Ar'tIIq:
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:~~; - Colonel Garp s of Engint-ers
' ~ .
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' ~ °t'Qf~ 1721 ~Civif) Thu Mren fuyrrfed~ !n Tara'.e. d,c.a 1 ~ /~ ~hicn :nor be us~A 'ants! ectiaasi.d. '
l SEP 4t' '
~ t,• ' .t ... ::~: ' f i Y~f~rT.tl.:l.lf. pI~CC 1f-7211111-t .
,
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,
'~: ~_ _ .
'

TIMOTHY H. WARD
CAROLINA MARINA & YACHT CLUB, LLC
COVER SHEET
FOR
PHOTOGRAPH 12-74
Site shown in DOT photo -1974
Spoil from dredging has expanded lot size and elevation.
Note also the break in water/sandbar on either side of pier.

Also note large vessels moored in slips beside pier where dredging occurred.

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November 14, 1968
The District Engineer
Corps of Engineer
Department of the Army
P. 0. BOX 1890
Wilmington, North Carolina 28401
~ Dear Sii:
,a,
I request a permit for the construction of a
~~ .. •

C~ pier and boat ramp to be built as shown on the attached

~. •• drawing vicinity portion Burnett Acres, Myrtle Grove
..,4., Sound .
I own the.~and in front of which •the pier and boat ~•~
C3 lamp will be built, ~•
~9+~
The adjacent property owner on south side'~is Joseph

•--- Mighton, 817 Gau~on Road, Virginia Beach, Virginia. ~~
~~~
Y
ours very truly
,
.
~
'
//C~'m,~L,, ~ ' ' ~!
- Homer H. Ward
• 2914 Lake Shore Drive
Wilmington; North Carolina

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_ DEPARTMENT OF THE ARMY
Wilmington District,-Corps of Engineers
P. 0. Box 1890
WiLnington, North Carolina 28401 '
SAWVK
2 December 19b8
PUBLIC NOTICE
IfR. ROMER H. WARD, 2914 Lake Shore Drive, NiLnington, N: C., has made apgli-
cation for a permit to CONSTRUCT A BUIdC~ff.AD, .BOAT RAMP AND A plEg IN I~iYRTLE
GROVE SOIIND_ABO~ UPPOSiTE NAVIGATION BUOY 155-A IN THE ATLANTIC INTRA-
COAS~AL WATERW~4Y near Carolina Beach in New Hanover County, N. C.
Plans submitted show a bulkhead and boat ramp near the ^shoreline with a pier
6 feet wide extending approximately 210 feet channelward with a IO-foot by
100-foot ell on the outer end. T'he outer end of the pier is to be 290 feet
shoreward from:.the centerline of the Atlantic Intracoastal Waterway. Plans -
showing the proposed work are shown on•the reverse.. side of this notice.
The determination as to whether a permit will be issued will be based on
an evaluation of aIl_ relevant factors including the effect of the proposed
work on navigation, fish and wildlifie, conservatYOn, pollution, and the
general public .interest. Comments on these factors will be accepted and
made part of the record and will be considered in determining whether it
would be in the best public interest to grant a permit, In cases of con-
fl3cting property rights, the Corps of Engineers cannot undertake to adju-
dicate rival claims.
Written comments pertinent to the proposed 'work, as outlined above, wi 11
~be received in this office until 4:45 p.m.; 2 January 1969.
Q..P .•I.
PAUL S. DENISON
Colonel, Corps of Engineers
District Engineer

(o) That the work shall be subject to the supervision and approval of the District Engineer, Corps of Engineers,
in charge of the Locality, who may temporar~p suspend the work at any time, if in his judgment the interests of navi-
gation so require.
• (b) That any material dredged in the prosecution of the work herein authorized shall be removed evenly and no
large refuse piles, ridges across the bed of the waterway, or deep holes that may have a tendency to cause injury to
navigable channels or to-the banks of the waterway shall be Left. If any pipe, wire, or cable hereby authorized is laid
in a trench, the formation of permanent ridges across the bed of the waterway shall be avoided and the back filling
shall be so done as not to increase the cost of future dredging for navigation. Any material to be deposited or
dumped under this authorization, either in the waterway or on shore above high-water mark, shall be deposited or
dumped at the locaIitp shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good
and substantial bulkhead or bulkheads, such as will prevent escape of'the material in the waterway. If the mate-
rial is to be deposited in the harbor of New York, or in its adjacent or tributary waters, or in Long Island Sound, a
permit therefor mast be previously obtained from the Supervisor of New York Harbor, New York City.
(e) That there shall be no unreasonable interference with navigation by the work herein authorized.
(d) That if inspections or aap other operations by the United States are necessary in the interest of navigation,
all expenses connected there:9cith shall be borne by the permittee.
(e) That no attempt shall be made by the permittee or the owner to forbid the full and free`nse by the public of
all navigable waters at or adjacent to the work or structure.
(f) That if future operations by the United States regniie an alteration in the position of the stracture or work
herein authorized, or if, in the opinion of the Secretary of the Army, it shall cause nnrpasonable obstraction to the free
.... navigation of said water, the owner w~71 be required upon due notice from the Secretary of the Army, to remove or
alter the structural work or obstructions caused thereby without expense to the United States, so as to render naviga-
Q` tion reasonably free, easy, and unobstructed; and if, neon the expiration or revocation of this permit, the structure,
' fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall,
• ~ without expense to the United States, and to such extent and in such time and manner as the Secretary of the Army
. may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navi
Q gable capacity of the watescamse. No claim shall be made against the United States on account of any each removal
or alteration.
(g) That the United States shall in no ease be liable for any damage or injury to the structure or work herein
• anthoriz~l which may be mused by or result from future operations undertaken by the Government far the conserva-
tion or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from
• any such damage. .
~ (h) That if the displa-y:of lights and signals on any work hereby authorized is not otherwise proAided for by law,
such lights and signals as may be prescribed by the U. S. Coast Guard, shall be installed and maintained by and at the
expense of the owner.
• fl (i) That the permittee shaIl notify the said district engineer at what time the work will be commenced, and as
far in advance of the time of commencement as the said district engineer may specify, and shall also notify him
~ promptly, in writing, of the commencement of work, suspension of work, if for a period of more than one week,
resumption of work, and its eompletion_
T'1 (j) That if the structure or work herein authorized is not completed on or before ~3Bt ,day
' ~ "' of ~C _ 19_2", this permit, if not previously revoked or specifically eztended, shall cease sad
be null and void.
~k) That the permittee shall comply promptly crith a'Fty regu3.stions, conditions;
p~ it~stracti+ans affect~.ag the wcrk hereby tt~rthtxci~ed if and when issaed by the
Federal. mater Pollatifln Control ~iri4~at~+E~ ssdf nr the State hater p~.it~tit~ ,
,_..
c~trol agenep having ~e~risdietien to mate +or prevent hater pallutian:`• Such reg_
uiaticns, conditions ar 3.nstructica~s is effect +or "g3reseribed by the Federa3. Water
P~lllrtit~n Co~rtrc~l ~dminibtrati~ or Std a~ncy are l~reby made a ccndii-tcx3 of
this permit.
Bp authority of the Secretary of the ~,rmp:
..~./~ .
PAUL S, t~EUIS(?N
Col~mel ~ of Eag3neers
A3tst~ic~ £~eer
i"SEP 48 172 i (C!v!!) ~ t°`~ A'~° sD Farm 9e, fisted i LDr se, pLlch map be ~ antff aYnw.ma.
.. s eevn.mr .n.:,.c emcc ie---1]1ee-s

Mr. Sander
S~

fir. Naaer H.
2914. Lake Shs~r~ Dive
h>ilmingte~ns N• C. 28407.
Col. Benison/s
Mail ~°~!~
OPER ,.~~~~~
14 January 1969
~~, ~' ~' f;/0,
~~. ~y
Dear Hr. Nand: - ,._ .
~,3'~. _ .
~ Ref-erence is ~tad~ to ~ ~actr applicatis~ dataed 14 t+€ovember 19G8 fax aper-
atit to. con~t~ue~ a bti.2khe~id, boat r~ end pfer its Myrt3e Souifd iiea3c
Q Gara73ra~ Bach, N. C.
~• _- In response to try public ~ notice dates 2 i3ec~er 3968, issued tQ ennflunee
._. your proposal to all knaam i~rterested parti,~s, • the Std of ~dorth Caro-
lino has ~t fisn3stied thir count tee your wank. in cases where pro-
p _ posed wow is tu3o#~ject3.a~tile but when State authc~rrities decline to give
their consent to the. work, it is not usual far ire Ctirps cif Engi~e~'s to
C?- issue a permit sire it becomes practically of ttv ~a~ and may be re--
garded as an net of discourtesy.
Therefbre, you are infar.~ed that your proposal is unc:bjectianable and a
--.-- - permit ~~ be • issued when 'the consent of the State is furnished this
office . -_..-._ ___. ..-- --` . . - - . -- .__ __._ _. _- _ _ _-
Sincerely yours, .
PAUi, S. DEt+tISON
Cc3lonei; Corps Qf £r~83neers
. Di$triet Engineer
Copy furnished: .
03~; ~ SIC • dept of hinter ~ Aix
Iieaatu~ces, Ra3,eigh, SIC 27603 •

f

STATE OF NORTH CAROLINA
DEPARTMENT OF 1NATER AMID AIR RESOURCES
RosERT w, scorT
GOYERHOR
P. D. DAYIS
WALTER M. FRANKLIN
J. NELSON GISSON. JR.
J. M. JARRETT
WAYNE MAHRY
J. EUGENE PENLAND
J. AARON PREVOST
S. YERNON STEYl7~iS, JR.
CRnxtMiw
P. GREER JOHNSOti
VICE-CIWR71Ait
DR. ROBERT A. ROS8
W. GRADY STEVENS
RAYMOND 5. TAiTON
GLEAIN M. TUCKER
GEORGE E PICKE7T. DIRECTOR
TELEPHONE 829_3003
E, C. HU>~BARD AssT. DIRECTOR
TEL.EPHOtta 829_3006
P. O. Bo7[ 9392
RALEIGH. AI. C. 27603
.~ ~ March 6, 1969_ .
....
'_ ~ Colonel Paul S. Denison
~ District Engineer
. II. S. Army Engineer District, Wilmington
~~ Corps of Engineers
Post Office Boz 1890
~~~: Wilm~~-t:on, North Carolina .28401
Dear Colonel Denison:
~~' This is in response to your public notice dated December 2, 1968,
~ concerning an application by Mr. Homer H."Ward for a permit to construct
- a bulkhead, boat ramp, and a pier in Myrtle Sound in the AIWW near
tA-~ Carolina Beach in New Hanover County, N, C. The views of"affected State
agencies habe been obtained.
The State has no objection to the proposed work. The granting of
an easement to fill to Mr. Ward has been approved by the Governor and
Council of State. It is requested that the use of the pier be so controlled
as to not add pollution to ~ e adjacent wa ers. _
_ Request that the applicant be advised of the requirement that earth-
- moving equipment which operates in publicly owned tidelands and navigable
waters within the State be registered by .the owner of the equipment with
this Department. '
Sincerely,
l
George Pickett
cc: Mr. Frank Turner
Mr. J. M. Jarrett

~•
SAWKS (Permit Na. 1.2-6~)

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P4r. ~tomer Ii. hard
X1.4 Iake Sheire Bove
W3.3mingtbA, K. G. ~ ~84pI
~ea~c r'lr. 1~ard:
`: j~~~
~Mr. Turner
. Col. Denison/s(3~
Mai1Q ! r~
OFER ,.,~ ~~-! 1
~~ t~4arch - ~:9b9
In aecordas~e ;+~ith gciur written finest dated 1,4 November 368, thexe is
ine~sed a Pit authorizing the. es~ast~eti+~n Qf a~boat rte, b.te$d
and a pier in My?'tie S near Ca~ro1#ni~ Beach in .Ness Nan~er. : N: C.
If any materiel lea in the iecatian or P of the- structure or work
are fotuid necessary on acco;mrt of ©nfaZeseee ~r alb conditions
+at'hers~ise? revised plans ahcutld be Sabmitted prnmptYp to tine Di~stxfct En-
giiaeer in Qrde~ that these Wised plans, ~ if fasud ~mob~ectit~aabZe, may
receive the a' -dal. bq lasv bef_~rs eanstrueti~ #s begs.
Your att+ent3ou is ca].3.ed to ca~i-tier i of the inclosed ~e~m3,t which re-
aas ~ Fri' tt~ not3.fy this 8f~~ r+el~ative to the com+aet~cement
carp tics dates. 45;. .
~~: In r+espQnse tQ -~ public n~o~tice dated -~ ~ 1,968, issued to announce
yam' prgposal to a21 lcncsaa iater€sted parties, the State of Narth Catalina
ar~d C. C. Wiuis} Ine.3 fs~rrniished comments. A copq e$ch of their letters
- 3s it~Iosed. Ia caanectic~ with the mat Wince in patagra~t 4 ~f the ~=--~-
St8te~8 ].attar, 3~' ~#oII is ~ri#~ ~ sue, condition (k) 3.n the
wit. ~t2 c~f3I1 f~'~ t~ ~f'tCi ~, 6, ~8! ~~+~s ~~' $t'~n'- ...
c~ '~eR ~3 iniritad tp the 'it$Y£ wash Bier Sttached tb th+e permit.
Sincerely y~$~
3 Itac3~ .
1. Fexmit No. 32-b~
wf ~tloa flies -
2. Cyr 1tr ~i Nay b~ fm St&t~e
3, +Cy ltr 14 3)ec ~~ fm
~. C, Nfll#s; Inc.
PAUL S. DIIdISOH
~1, Corps of Engineers
mtstriet Engizs3e~
I
i
i
•;3
`~t
.Copy furr:ished wjo incls:
#ir.~ NC Dept of ~tate3r ~ Air
Resources, ~T~"#gh, 2~C ~76~3
i
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r
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,~
r

:y

Mr. Robb Mairs December S, 2005
N.C. Division of Coastal Management
127 North Cardinal Drive
Wilmington, N.C. 28405
Re: CAMA Major Permit Application
Tim Ward- partner, and Charter Building Group
1512 Burnett Road, New Hanover County
Dear Robb,
Violet P. Ward
David N. Ward
1508 Burnett Rd.
WilmingtonlN,C 28409._
~~~~~~~~
~~~,~ ~;-~, ; ~;l~A,l ^1~ NC
V~~ , ~_.. ~i uNv~ d.
'~F~ ~ ~ 200
This is a reply to the information sent to us by Land Management Group regarding
the issuance of a CAMA Major permit to Carolina Marina LLC. We are greatly disturbed
that such a permit could be considered after alI the information that we have supplied
your office in previous correspondence. A CAMA Major permit was applied for in April
2005, and was denied because records show this area has never been dredged. The Army
Corps of Engineers has provided several letters to show that there has never been a
dredging permit issued at this location. We have a Letter from Mr. Doug Huggett Major
Permit Coordinator that states he cannot find any permits issued to Homer Ward at I S I Z
Burnett Rd. for a marina, or for dredging. I have a recent letter from The Army Corps of
Engineers that states the pier house, and pilings along the pier built by Homer Ward were
not permitted. Homer Ward had a permit to build a bulkhead, boat ramp, and a pier. This
work permitted was alI under a private permit, and not intended for commercial use.
The letter from the N.C. Department of Conservation, and Development submitted
for evidence by Tim Ward shows no real evidence of dredging. It states his dad Homer
Ward had some type of sand pumping performed in January of 1971; but does not give
much detail. This letter does not say whether the sand pumping was performed behind his
property; out in the navigation channel, or behind the adjacent property. It states that the
sand was being pumped behind his bulkhead. The letter does not say how much sand was
pumped. Jim Brown did not witness where this sand was pumped from; except for the
time that he was there to put a halt to this illegal pumping. There was no official agency
that regulated the sand pumping that was performed. Jim Brown's letter states that 2/3 of
the work was completed before it was known the work was being performed. No Legal
documentation has been provided to say what work was done, or where the work was
performed. Jim Brown states only that this sand was being pumped behind the bulkhead.
The letter clearly states Homer was asked to stop; because this work was not permitted.
This documentation supplied by Tim Ward, and submitted to ask for a legal dredging
permit in a protected nursery area is beyond comprehension. I suppose that some people
will try anything to have personal gain. This document shows only one incident of illegal
activity at this site. The aerial photography of this property over the years shows this
property was illegally filled several times along the shore. Homer Ward never applied
for any type of dredging permit or filling permit for this illegal filling to be performed.
My uncle Dillon H. Ward was performing work at this site during the time of the illegal
sand pumping. I have enclosed a copy of his letter stating what really happened at this

iJU4 tsurnett Ka. terry tsarrett wltn l;l~1v1A, ana then working in Wilmington observed
Homer Ward illegally filling his property. Homer was using a tractor to drag sand from
out of the waterway at low tide to fill his land along the shore. I have a copy of this
violation, and will supply it with this letter.
Our aerial photographs show that there were only a couple of boats moored to the
pier at this site on the south side of the pier for a short term of time. I have supplied this
aerial photography from The Army Corps of Engineers for the years 1980 through 1992.
These photographs as well as several years during the I970's. The photo's from the
1970's show that the properly to the north owned by the Altman's had pilings in the
water to moor their private boats to. These pilings aze still visible today, and these are fhe
only boats that were moored at the northern side of then Homer Ward's pier. I think I
found one year in an aerial photo to show a boat perhaps on the north side of Homer
Ward's pier. This was in a photo from 1973. I have not been able to establish that there
were pilings on the north side of the pier to moor boats to. In old family photographs
acquired from Beth Ward, Tim Ward's sister taken in 1976, and 1979. There are no
pilings visible on the north side of the pier. To suggest that they have maintained a
channel for navigation by the use of boats at their marina operation is totally false. Homer
Ward did have a couple of boats moored to his pier, but they were his personal boats.
There is no evidence to show anyone else other than Homer Ward, or his son's had boats
moored to the pier. There have been no boats moored to Homer Ward's pier since the
1970's. This is evident in the aerial photography taken of this area. The boats that the
Altman's had moored at their property have not been moored there since the late 1970's.
In 1993 Terry Barrett with Coastal Management in Moorhead City issued a permit to
Homer Ward at this site. I have a letter from her that asked Homer Ward to remove three
pilings on the south side of the pier to adjust for the squaze footage allowed on that pier.
The drawings submitted with the application show no pilings on the north side of the pier.
If there were any pilings on the north side of the pier they would have been asked to be
removed along with the three on the south side. I have enclosed the application for the
pier from 1968, and the permit from Terry Barrett from 1993. The drawing from 1968
shows no pilings to be placed along the pier. Army Corps of Engineers officials
photographs show Homer's pier is in the set back area from the navigation channel. I
have enclosed this photograph.
There is a letter that you have a copy of that was sent to The North Carolina Department
of Environment Under Ground Tank Division by Homer Wazd. This letter dated March
1990 asked that his tank ID number be cancelled, and he stated that he had his under
ground tanks removed. Homer Ward then made this statement: I have been out of
business for more than ten years. This is accepted by New Hanover County Zoning to be
a true statement. Homer Wazd states he has been out of business since before 1980. This
is the original applicant for the Special Use Permit issued to this property.

Robb this marina has Long since past the time to be built. The inlet directly across
from this site has changed this area greatly. This is more evident in recent years because
maintenance dredging is now performed at Carolina Beach Inlet. The hurricanes have
changed this azea quite a bit also. The Northern End of Carolina Beach is now a park for
the public to enjoy. This development certainly will cause harm to the inlet, and all the
surrounding environment. One thing has not changed, and that is the need for this natural
resource to be preserved. Today we know far more about our environment, and how
important it is to preserve our natural resources. This is something that no dollaz amount
can replace. Please do not allow this permit to be issued, and ruin this refuge for wild Life,
and great natural environment for marine Life. Robb thanks for aII your help, and may
God bless you, and your family during the holiday season.
Yours Truly,
Violet P. Ward
David N. Ward
Copies supplied to:
U.S. Senator Elizabeth Dole
Lt. Governor Beverly Perdue
N.C. Senator Julia Boseman
N.C. Representative Daniel McComas
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R08ERT W. SCOTT
GOVERNOR
ROY G_ SOWERS, JR_
DIRECTOR
~ttlet~E~ 27611
January 12,
MEMORANDUM TO - T. L. Linton CEd Wade)
From Jim Brown
Subject App, for C&D Permit - H, g,
~~,C?.li VViL(~~iNuTON, !LC
DEC El ~-ZOfl~~`~,
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1971f-~''__•''-'~_:_'r• ~, DIVISION OF COMMERCIAL
~- AND SPORTS FISHERIES
f~, .~ ~': ~ .._ . ~ _ •. ~ • •.'V'' 3T£L.EP~pIJE "~g29-37~
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i+lard - dated I-12-71
While flying with Pilot Arthur Rose January I1, we observed a dredging operation
in Myrtle Sound on the west side of the IWW approximately 1/2 mile south of the
Carolina Beach Inlet, Mr. Ward was having the dredging done by Harrelson &
Thomas (co-owners of dredge DWAR X1001), I stopped and talked with the dredge
owners and with Mr. Ward, No C&D permit had been applied for. A federal permit
was obtained for construction of the bulkhead and to fill within the bulkhead,
but not for excavation of fill materials from submerged bottoms. The federal
permit is No. W-661 dated December 2, 1968.
I informed Mr. Ward that he must obtain a State permit for any dredge and fill
work begun after January 1, 1970, in addition••to his federal permit, and also
that the federal permit obtained did not cover dredging which is presently being
done, I also mentioned to Mr. Harrelson that this is the second case in which
his dredge had been involved in unauthorozed dredging,
I assisted Mr. Ward in completing application forms, maps, etc, to apply for
the State permit. These should reach your office at about the same time as this
memorandum,
From being on site, it was quite obvious that the dredging in progress was hav-
ing little effect on fisheries resources of the area, and that all spoil materials
were being adequately confined behind existing bulkhead, Had an application been
filed, it is my opinion that there would have been no. objections voiced against
issuance of a permit.
Since the operation was approximately 2/3 completed, Mr. Ward and the dredge
owners were quite concerned about the sto
them that I had no authority to allow continuance,tbut Irwould.relaynthemcir-
cumstance to the Fisheries Commissioner for his consideration in allowing con-
tinuation of the project.
Jim Brown

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