19860202 Ver 1_COMPLETE FILE_19860825

Permit Class
New STATE OF NORTH CAROLINA
Department of Natural B4siftfiftload Development
Permit Number
142-87
t a_1
14-

a
? IL 12.
XL Excavatio fcf{6
to NCGS 113-229
Issued to Dr. Neill H. Musselwhite, 1602 Doctors Circle, Wilmington, NC 28401
authorizing development in New Hanover County at the AIWW and Carolina Beach Inlet
off of U.S. 421 near Carolina Beach, NC 5
as requested in the permittee s application dated /14/86 including
attached plats, 3, location, no date, sheets 2 & 4 of 4 dated revised 3/1/87.
This permit, issued on 2/22 9? , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject
permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void.
(1) This permit authorizes only the construction of a retaining wall. The boat
basin and access channel is hereby deleted, as noted on the attached plats.
(2) The retaining wall (breakwater structure) will be constructed on or landward
of the alignment staked on February 11, 1987, by the Corps of Engineers
and the Division of Coastal Management.
(3) No wetlands will be filled, except for that area within the alignment stated
in condition #2 which contains approximately 25 square feet of Spartina
al terni f 1 ora.
(4) Across the area of the site identified as "recent eroded area," the breakwater
structure will have baffles (openings) on 36-inch centers to allow for ebb
and flow of the tide into the area north of the structure and will be free-
standing,
(See attached sheet for Additional Conditions
This permit action may be appealed by the permittee
or other qualified persons within twenty (20) days of the
issuing date. An appeal requires resolution prior to work
initiation or continuance, as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification
not covered hereunder requires further Departmental
approval.
All work must cease when the permit expires on
December 31, 1990
In issuing this permit, the State of North Carolina
agrees that your project is consistent with the North
Carolina Coastal Management Program.
Signed by the authority of the Secretary of DNRCD and
the Chairman of the Coastal Resources Commission.
Glint !? ???!?
David W. Owens, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
,-

Dr. Neill H. Musselwhite
ADDITIONAL CONDITIONS
Permit #142-87
Page 2 of 2"
(5) The permittee will maintain the authorized structure 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 it without having it
transferred to a third party.
NOTE: It is unlikely that favorable review of future modifications to place
fill in the marsh would be submitted by the Wildlife Resources Commission
should such a request arise.
NOTE: Section 401 Water Quality Certification No. 1965 was issued for this
project on September 30, 1986 by the Division of Environmental Management.
In this instance, the certification applies only to the retaining wall.
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
December 5, 1986
SUBJECT: File No. SAWC086-N-065-0305
Dr. Neill H. Musselwhite
1602 Doctors Circle
Wilmington, North Carolina 28401
Dear Dr. Musselwhite:
RECEIVE
D c u 0 8 9986
WATER QUALITY SECTION
OPERATIONS RR;7,?W'4
By copy of North Carolina Department of Natural Resources and
Community Development letter to you of November 20, 1986, we have
been informed that your application for State authorization to
excavate a canal and basin and construct and backfill a bulkhead
on the Atlantic Intracoastal Waterway (AIWW), north of Carolina
Inlet Marina, New Hanover County, North Carolina, has been denied.
Under the administrative rules of our regulatory program, denial
of required State authorization precludes favorable consideration
of a Federal permit. Accordingly, your Department of the Army
application is hereby denied, and your file has been retired.
Additionally, we received unfavorable comments from the
National Marine Fisheries Service (NMFS) (copy enclosed). Their
reaction to your proposal is the result of anticipated significant
adverse impacts. I have provided this Federal agency's comments
to alert you to concerns in addition to those identified in the
State's denial letter. While appealing the State permit is the
next step in pursuing State authorization, you should be aware
that the NMFS's comments will be unchanged by the outcome of that
appeal. Because of the NMFS's influence on Department of the Army
permit decisions, it is unlikely a Department of the Army permit
would be available unless your project can be modified to lessen
its impacts.
Ms. Alison Arnold of my staff is available to answer any
questions you may have or to assist you in developing a revised
plan. She may be reached at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Enclosure
"A. '#
'

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources. and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Mr. Randy Cheek
National Marine Fisheries Service
NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. William Mills
,Water Quality Section
Division of Environmental Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611

State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
November 20, 1986
Certified Mail
Return Receipt Requested
Dr. Neill H. Musselwhite
1602 Doctors Circle
Wilmington, NC 28401
Dear Mr. Musselwhite:
David W. Owens
Director
This letter is in response to your request for a permit under the Coastal
Area Management Act and State Dredge and Fill Law to excavate an access
channel and boat basin and fill an area of wetlands along the shoreline of
Myrtle Grove Sound, north of Carolina Inlet Marina off US 421 in New Hanover
County, N. C. Processing of your application under a joint State/Federal
review, including onsite investigation by cooperating agencies,- is now
complete.
Based on this review, the Division of Coastal Management has made the
following findings:
1) Excavation of the channel and basin would eliminate approximately
824 square feet of vegetated wetlands and 2700 square feet of
shallow water habitat. Spoil material from the excavation would be
placed on approximately 6534 square feet of "404" type wetlands
containing coastal wetlands AEC species. Wetland habitats such as
-these provide important water quality buffering functions and
detrital export for aquatic food chains;
2) This area of Myrtle Grove Sound is currently classified as SA for
shellfish resources, is designated as primary nursery area and
provides estuarine habitat for several economically important
species of finfish and crustaceans. The proposed excavation is
inconsistent with the restrictions on development in these areas;
3) Alternatives to the access channel/boat basin proposal are available
that would significantly reduce the impact to adjacent coastal
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
I . ? r
Dr. Neill H. Musselwhite
Page 2
November 20, 1986
wetlands and estuarine waters. Such-alternatives include piering
out to the -5' MLW contour or mooring your fixed keel boat in a
nearby commercial marina; and,
4) The project, as proposed, is inconsistent with the following partial
listing of State Guidelines for Areas of Environmental Concern:
a) 15 NCAC 7H.0205(c). Management Objective (for coastal
wetlands). This requires projects to give highest priority to
the protection and management of coastal wetlands so as to
safeguard and perpetuate their biological, social, economic,
and aesthetic values; to coordinate and establish a management
system capable of conserving and utilizing coastal wetlands as
a natural resource essential to the functioning of the entire
estuarine system;
b) 15 NCAC 7H.0206(c). Management Objective (for estuarine
waters). This rule establishes, as the highest priority, the
management and conservation of the important features of
estuarine waters so as to safeguard and perpetuate their
biological values;
c) 15 NCAC 7H.0208(a)(2)(B). This standard requires that there be
no suitable alternative outside of the AEC for the project and
that the applicant select a combination ofsites and design
that will have a minimum adverse impact upon coastal marshland,
and spawning and nursery areas;
d) 15 NCAC 7H.0208(b)(1). This standard states that navigation
channels, canals and boat basins must be aligned so as to avoid
primary nursery areas, highly productive shellfish beds, beds
of submerged vegetation or significant areas of regularly or
irregularly flooded coastal wetlands;
e) 15 NCAC 7H.0208(b)(1)(B). This rule states that all spoil
material from new construction shall be confined landward of
regularly and irregularly flooded coastal wetlands; and,
f) 15 NCAC 7H.0209(e)(4). This standard requires that development
(with the estuarine shoreline AEC) not have a significant
adverse impact on estuarine resources.
Given the foregoing findings, it is necessary that your request for
permits under the Coastal Area Management Act and the State Dredge and Fill
Law be denied. This denial is made under N.C.G.S. 113A-229(e)(5), which
provides for permit denial upon finding a significant adverse impact on
estuarine resources, G.S. 113A-120(2), which requires CAMA permit denial when
the project is found to be inconsistent with the State Dredge and Fill Law,
and G.S. 113A-120(8), which requires denial of projects inconsistent with the
State Guidelines for Areas of Environmental Concern.
r *k
Dr. Neill'H.,Musselwhite
Page 3
November 20, 1986
If you wish to appeal this denial, you are entitled to a quasi-judicial
hearing to challenge the factual findings or legal conclusions regarding this
denial. A hearing is similar to a trial, involving appearing before a hearing
officer who listens to the evidence and arguments of both parties and then
makes a recommendation to the Coastal Resources Commission. A decision by the
Commission, adverse to you, may be appealed in the courts. Your request for
such a hearing must be in the form of a written petition, complying with the
requirements of Chapter 150B of the General Statutes of North Carolina, and
must be filed with the Office of Administrative Hearings, P. 0. Drawer 11666,
Raleigh, N. C. 27604. The request for a hearing must be submitted to the
Office of Administrative Hearings within twenty days of your receipt of this
letter. A copy of this petition should be filed with this office. Enclosed,
please find a petition which may be used for your hearing request.
If you request a hearing, you have a choice of hearing officers, either a
hearing officer of the Office of Administrative Hearings, or a hearing officer
selected by the CRC (usually a member of the CRC). Unless you waive your
right to a hearing before the Office of Administrative Hearings, the hearing
will be conducted by a hearing officer of that agency. If you prefer to have
your hearing before a hearing officer of the CRC, you must sign the "Waiver"
contained in the enclosed petition form.
Also, you should be advised that as long as this State permit denial
stands, your project must be deemed inconsistent with the N. C. Coastal
Management program, thereby precluding issuance of Federal permits for this
project. The Federal Coastal Zone Management Act of 1972 (CZMA) gives the
right- to appeal this finding to the U. S. Secretary of Commerce, within 30
days of receipt of this letter. Your appeal must be based on the grounds that
the proposed activity is (1) consistent with the objectives or purposes of the
CZMA, (2) is necessary in the interest of national security, and thus, may be
federally approved.
If you have any questions concerning the appeal procedure, please contact
Mr. Ralph Cantral, Assistant Director at 919/733-2293, P. 0. Box 27687,
Raleigh, N. C. 27611.
Sincerely,
avid W. Owens
DWO/aw
cc: Mr. Peter Tweedt, Director
U. S. Department of Commerce
Washington, D. C.
Colonel Paul W. Woodbury
Corps of Engineers, Wilmington
Enclosure
September 30, 1986
Mr.. Neill Musselwhite
1602 Doctors Circle
Wilmington, NC 28401
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Access Channel,
Boat Basin and Bulkhead
Neill Musselwhite
AIWW
New Hanover County
Dear Mr. Musselwhite:
Attached hereto are two (2) copies of Certification No. 1965
issued to Mr. Neill Musselwhite dated September 30, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Sim my
William C. Mails
for R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
NORTH CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Neill Musselwhite pursuant
to an application filed on the 23rd day of July, 1986 to construct a
bulkhead and excavate a boat basin and channel.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Atlantic
Intracoastal Waterway in conjunction with the proposed construction
activity in New Hanover County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
devices shall be employed to minimize impacts from
siltation and turbidity.
3. There shall be no sewage discharged overboard in the
basin and channel area.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 30th day of September, 1986.
OriginaVT§Pe&1JyOF ENVIRONMENTAL MANAGEMENT
William C, Mills
For
R. Paul Wilms, Director
WQC# 1965

I
3
September 30, 1986
Mr. Neill Musselwhite
1602 Doctors Circle
Wilmington, NC 28401
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Access Channel,
Boat Basin and Bulkhead
Neill Musselwhite
AIWW
New Hanover County
Dear Mr. Musselwhite:
Attached hereto are two (2) copies of Certification No. 1965
issued to Mr. Neill Musselwhite dated September 30, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
uriginai Stfned ey
William C. M"
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens

NORTH CAROLINA
New Hanover County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Neill Musselwhite pursuant
to an application filed on the 23rd day of July, 1986 to construct a
bulkhead and excavate a boat basin and channel.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Atlantic
Intracoastal Waterway in conjunction with the proposed construction
activity in New Hanover County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore,
the State of North Carolina certifies that this activity will not
violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions hereinafter
set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
devices shall be employed to minimize impacts-from
siltation and turbidity.
3. There shall be no sewage discharged overboard in the
basin and channel area.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 30th day of September, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 1965

MEMORANDUM
DATE:
TO:
FROM:
THROUGH:
SUBJECT:

DIVISION OF ENVIRONMENTAL MANAGEMENT
September 23, 1986
Bill Mills
Operations Branch
David. H. Cotton
Wilmington Regional Wti-ce
A. Preston Howard, Jr.
Wilmington Regional Office,i
E E
C,1- D
- ?- 1 J
li%8i)
OPERf i i W-, i
Regional Office Review-& Recommendations
Application for Permit for Excavation and/or Fill
Dr. Neil Musselwhite - Myrtle Grove Sound
New Hanover County
The applicant proposes to excavate an access channel and boat basin and
to fill an area of 11404" wetland. The project includes 636 linear feet
of bulkhead. The project is located adjacent to the AIWW across from
Carolina Beach Inlet, classified SA and open to shellfishing.
The project has been reviewed to determine impacts to water quality.
The following comments are offered:
1. The project will require 401 certification for bulkheading
construction and the filling of 11404" wetlands. The bulkhead
construction meets the requirement for a general 401 certification
for bulkhead construction. For the 11404" filling the following
comment should be included; that erosion control measures i.e.
silt fencing, should be in place prior to fill to prevent
excessive turbidity level outside the construction area.
2. The applicant should be informed that overboard discharge of
sewage is prohibited.
This office has no objections to the project provided the above
conditions are met.
DHC:kc
cc: DCM - Bob Stroud
WiRO
CF

OFFICE OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicant's name
Dr. Neill H. Musselwhite
2. Location of project site
U.S. 421 - New Hanover
Grove Sound - Just North of
New Photo 17-213; Grid L-2.
3. Investigation type: Dredge & Fill X
CAMA X
4. Investigative procedure: (A) Dates of site visit 5/29/86 6/25/86
(B) Was applicant present Wife No
cer ie complete
5. Processing procedure: Application received 7 15 86 Office DCM-Wilmineton
6. Site description: (A) Local Land Use Plan Wilmington - New Hanover County
Land classification from LUP Conservation/Rural
Development constraints identified in LUP Conservation provides
for effective long-term management of significant limited or orreplaceable areas
(B) AEC(s) involved: Ocean Hazard Estuarine shoreline X
Coastal wetlands X Public trust waters X
Estuarine waters X Other
(C) Water dependent: Yes No Other j
(D) Intended use: Public Private X Commercial
(E) Type of waste water treatment: Existing N/A
Planned N/A
(E) Type of structures: Existing.Pier and ramp.
Planned Bulkheaded basin with two floating docks bulkheaded 41;014n0 "404" ar,-a_
(G) Estimated annual rate of erosion ±1'/yr Source Personal Observation
7. Habitat description: • AREA
(A) Vegetated wetlands: Dredged Filled Other
Basin Area (Total Wetlands)* appx. 824 s.f.
Bulkhead Areas ("404")
(B) Non-vegetated wetlands:
Open Water appx.2,700 s.f.
anuX 6.534 s.f_

Dr. Neill H. Musselwhite
Page 2
9. PROJECT DESCRIPTION:
The project is located on.the west side of Myrtle Grove Sound north of the Carolina
Inlet Marina. It is reached by private road leading off U.S. 421 North. The
applicants name is on a wooden sign just beside the road. The site is just
slightly more than one-half mile east of the main road. The applicants residence
is approximately 600'-700' west of the project site. There is an existing pier
and concrete ramp at the northeast corner of the applicants property. The property
as shown on Sheet 2 of 4 of the application is somewhat misleading as to actual
field conditions. The areas identified as highground line and dirt road are
actually "404" wetlands. This "404" area extends approximately 120' to the north
of the fenceline at the south. Also through the area the "404" extends approxi-
mately 90' landward of the mean high water contour. It then tapers to the north-
east for another approximately 66' (see field sheet). The applicant has stated
in a personal communication that the area labeled as recent erosion area was the
result of hurricanes. However the condition of the majority of this "404" Area
indicates that the species have been established for a longer period of time than
that. A portion of the area inside the fence has been grazed.by horses. The.
wetlands inside the basin area are comprised of the following species: smooth
cordgrass (approximately 4 s.f.); salt meadow hay (approximately 120 s.f.); spike
grass (approximately 700 s.f.) and pennywort (approximately 1,500 s.f.). The
wetlands in the "404" area are as follows: spike grass (approximately 5,400 s.f.);
sea oxeye (approximately 200 s.f.); salt meadow hay (approximately 684 s.f.); salt
wort (10_s.f.t) and sea lavendar (trace). There is also scattered pennywort in the
southeast corner of the-?project site. The area is designated as a primary nursery
area and SA_ waters. The waters are presently open to the taking of shellfish.
The applicant proposes to excavate a boat access channel and basin just south of
the existing boat ramp. There is also a proposal to bulkhead the shoreline of the
property. The proposed access channel would be approximately 105' long x 30'
wide x -5' mean low water (MLW). Of this approximately 90' are waterward of.the
mean high water (MHW) contour. The basin is approximately 100' x 88' x -5' MLW.
Approximately 4,000 cubic yards of silt and sand will be excavated by excavator
and dragline and will be spread over the applicants property. Presumably some
will be placed landward of a portion of the proposed bulkhead although this is
not shown. Two 30' docks will be provided in the basin. Approximately 636
linear feet of bulkhead will be installed around the basin and the "404" area.
An additional 60' of freestanding bulkhead will be built as two 30' wingwalls
adjacent to the access channel.

Dr. Neill H. Musselwhite
Page 3
cause accelerated erosion over the marker. The "404" wetlands in this area
cannot be described as lush. However, a portion of them have been grazed over
by the applicant's horses. This area is a designated primary nursery area. The
new dredging is inconsistent with current standards covering work within a
nursery area. The applicant has stated, during a personal communication, his
desire to use the basin for a fixed keel vessel. His indication is that it
would not be possible to pier out to the -S MLW contour shown on the project
plan due to the presence of the Carolina Beach Inlet and the AIWW.

SUBMITTED BY: C. Robert Stroud, Jr. OFFICE: DCM-Wilmiftgton DATE: jUly 16, 1986.
. ; ?. r c•"E:a =Wiz"''"`
,? M f
MAY 19 1996
APPLICATION (}; t `{! '!p '1'x!?#? .T*i1.1? 'I1$;^:er;'l ,Cal
FOR ?tfHi` :.ll'3)31 f3i'Sll•J?1?it .(Si,slit
PERMIT TO EXCAVATE AND/OR FILL WATER ptlALITY CERTIFICATION
EASEMENT IN LANDS COVERED 8Y WATER CAMA PERMIT FOR MAI" DEVELOPMENT
D"W"No t of AdaubbuatMri $tan ot HMO Gatchina Oet arts -.4*t Ow Amy
(GS 11&121 aNR+wM1 of Natiwat Raeareai and Cow w-ft ty OevelMrwwM Carta of 1;W I ta, WUM&W N afto et
(GS 113.72!, 111213.3ta1111. 143.215.3(cl. 113A•119 (33 CFR 20.3243291
Flaw type e r pint and fill in all blanks. It Wertnaeion b rot applleabie. ro indicate by placing NIA in blank.
L Applicant Inforetattow
A. Nam Musselwhite Neill H.
Last First Middle
Address 1602 Doctors Circle
Street. P O. Box or Route 28401
763-5471
Wilmington, N. C.
CGty ar Town State Zip Code Phone 1
IL Location of Proposed Project.
A. County NNew Hanover County
B. 1. City. town. community or landmark N. of Carolina Inlet Marina
_, Is proposed work within city limits Yes - No x
C. Creek, river. sound or bay moon which project is located at newest named body of water to project
Adjacent to AIWW across from Carolina Beach Inlet
III. Description of hoiect
A. 1. Maintenance of existing project 2. New work Boat Basin & Bulkhead
B. Purpow of excavation or till
1. Access channel length 10 _width 30' depth -5 at LW
2. Boat basin length 100' width 88 depth -5
3. Fill area Erosion Area length 17 9'± width 12'± depth _1.5'
Wingwall (2) 30' - -
4. Other length width depth
G 1. Bulkhead length 636 LF Average distance waterward of MHW (snerenne) Abaye or on H.W.
2. Type of bulkhead construction imatertatl Treated wood
0. Excavated material (total for project)
1. Cuboe yards 4,000 2. Type of material 100% sand
E. Fill material to be oi.ced below MHW (see also Vt A)
1. Cubic yards None 2. Type of material N/A
IV. Lewd Type. Dist+vul Area, and Centtruction Equipment
A. Does the area to be excavated include any wtatshiand. swamps at other wetland' Yes No
B. Don the clownsal area include any marsmand. swamps or other wettind I Yes No x
G Oisoosal Area
1 Location High ground west (upland) of basin
2,.:-..Oo-yuu c..ta#m title to disposal areal Yes
--
treat vwrce rf idl to._
_ mat .s
bt tt?.tkt6?n
Will- be .'sp.rea - over indicated
_. E. How _ _ . _. . ,_ . end erounn s?ntculled
u#? area aijd; E;rassed. .
----------- -
aara t or .g ne__
rdin tran%portrA%.squipmtnt to project slier 11 yes, e?ipia+n NO
c
i.•- err
M`
y ?
.' j,•? ? ? 7086
V. Imow rd Ik w d ?r.i.et Aran (amal ie) I
Private 2-family boat basin J
A. 1L PrWOM
2. Can•Fiartiid
1 Housing Ow.+evoinark or lndei OW
L pditr.???
L 1. Lot sfatt(s) 2851+ x 2,9001
2. Elwradon d lot(s) abow "mum Mo watw Varies 2 r to 20f
-
L S" type and bstetartt Nh - Newhall Fine Sand
4. Typo of building faciltuts or strucarres Exist inn; single family home
i Swam disposal andior waste .rater treatment A. E:isur.1 x Plum d None
•• Oesuibe Septic tank w/tile field
Ili. La W Llasufic-auon Icirde onel DEVE40r`D TRAtii,ftLNA:. COMMUNITY RURAL
( CONSERVATION ) ATHtR _ (See CAMA LoW Land Use Plan Strnoosk)
VL p+srgAning to Fill and Water Quality P
A. Don the prooosed orotec t x-otve the olacen+ant Of lift 0"ateriaM hetow -colt '%Jh water? Yep No 2"
L 1. 1lVill any runoff or deschartt enter adsacent watan as a result of oraeect activity or planned uw of tM
area wlawing orottct cotnotetions Yes-Nom,
2. Type of discharte None
S. Locuion of disef artle None -
NN. Nontwt rase of W%we irr eresiai (if known): 2 f t /yr
VOL Litt ttie'wtlt tsutrnbers and inue data of previous Oetoartrrrnt of Army Corps of Ertpneers or State pern ita for
. ttwrit is project arek if applicable: Unknown
IX. Lar4O of tiow nQuired to comolese prowt: 120 days
X. to addldon t• the coiweieted asolkade n form. IM faltowi ig home ROM be orr-ridd:
A. Attach a co" of the dead (with State application only) or other irnvuenent under whwh aooticant
dab" title to the affected property. OR If atswicant k Fiat cfaimml to be the owner of sad property.
tort forward a cooY of the dead of odw inMurrernt under which the owner claift tide pint written
pernnission from the owner to carry out the aroiect on his land.
L Attach an accurate work olat drawn to scale on 9% X 11" whits paper (see instruction booklet for
dotails). Note: Origins drawings preferred • only h.gli ttuality coow%acceoteed.
G A cosy, of theaoolecatmn and alai must be served moon adiacent rtoartan landowwers by kept ared or
eerttfetd mail ew by omt:IKateon (G.S. 113-224 M)Eater date served S'- /41-
0. List navies and comotett addresses of the Marla" landowners with oroeertY adjoining saWicarit's.
Such owners have 30 davs on which to subnitt tornnients to aecrices listed bestow.
Holland 7BC ?arolina h
J. P. Williams, Rt. 3, Box , Carolina Beach, .
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].(?. WILLI/?MS
1
?i

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
August 26, 1986
SUBJECT: File No. SAWC086-N-065-0305
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Parker:
RECEIVED
S E P 0 2 1986
WAl E!i ;1UALi I Y SECTION
OPERATIONS r>^r?NCH
Reference the application of Dr. Neill H. Musselwhite for a
Department of the Army permit to excavate a canal and basin and
construct and backfill bulkheads on the Atlantic Intracoastal
Waterway (AIWW), north of Carolina Inlet Marina, New Hanover
County, North Carolina.
The Federal agencies have completed review of the proposal as
presented by the application and your field investigation report.
By letter of August 19, 1986 (copy enclosed), the National
Marine Fisheries Service recommended that the application be
denied. This recommendation is based primarily on the projected
loss of approximately 7,400 square feet of vegetated wetlands
(approximately 0.15 acre due to the placement of excavated
material) and the possible degradation of "SA" waters. We concur
with this recommendation. The applicant should consider mooring
his fixed keel boat in nearby commercial facilities or revise his
plans to provide for the placement and retention of all excavated
material on high ground.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch

00
:•+r
44*
-2-
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental
Management
,North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Charles Jones
Morehead City Regional Office
North Carolina Division of
Coastal Management
Post Office Box 769
Morehead City, North Carolina 28557
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 31, 1986
SUBJECT: File No. SAWC086-N-065-0305
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
RECEIVED
AUG 0 1 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
Enclosed is the application of Dr. Neill H. Musselwhite for a
Department of the Army permit and a State Water Quality
Certification to excavate a canal and basin and construct and
backfill a bulkhead on the Atlantic Intracoastal Waterway (AIWW),
north of Carolina Inlet Marina, New Hanover County, North
Carolina. Your receipt of this letter verifies your acceptance of
a valid request for certification in accordance with Section
325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by September 29, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
Cha es W. llis
hief, Regulatory Branch
Enclosure
e"" ~ -2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403

Jr
.»
1602 Doctors Circle
Wilmington, North Carolina 28401
XAY, .1 6 .!
off.,
U. S. Army Corps of Engineers
Regulatory Functions Branch
Post Office Box 1890
Wilmington, North Carolina 28402
Gentlemen:
I request that a permit be issued to authorize the work
described in the enclosed application form and related plans. The
property on which the work is located and/or which is adjacent to
the water area affected by the work is owned by me and Roy F.
Musselwhite, Route 2, Box 337BBB, Carolina Beach, North Carolina.
The adjacent property owners indicated in the enclosed
application have been notified.
Sincerely,

Neill H. Musselwhite
Enclosures
?; tr a
APPLICATION
FOR
PERMIT TO EXCAVATE AND(OR FILL WATER OUALfTY CERTIFICATION
EASEMENT IN LANDS COVERED 8Y WATER CAMA PERMIT FOR MAJOR pEVELOAMENT =.
111", _
pN?i?;M the Army
(GS 14-12isr A/iwl+itwatlwt Sew of North C &turn' Cwps a4 ErgMrw% wwMilnvem Ct+ ow
oeilianinau
(GS 14112) Dr?artrwewt Or N atunt Re--- ? G wirtiunlty C""1°M"? 33 CFp 20l.326?32f)
(GS 113329, 143.213.3(al(1), 143-213.341, 113A•11g
Please type or print and lilt in all blanks. If inforttsation Is not applicable, so indicate by P4Wc hf NI .6 .? ,
Iltii h soon
1. Applkant Information H.
A.Name Musselwhite Neill
Last First Middle
S. Address 1602 Doctors Circle
Street, P O. Box or Route 763-5471
Wilmington, N. C. 2840.1
City -)r Town State Zip Code Phone
IL Location of-Proposed Protect.
NNew Hanover County
A. County N. of Carolina Inlet Marina
B. 1. City, town, community or landmark
2. Is proposed work within city limits? Yet No
C Creek, river, round or bay upon which protect is located or nearest named body of water to project
Adjacent to AIL,1%7 across from Carolina Beach Inlet
111. Description of Project
A. 1. Maintenance of existing protect 2. New work Boat Basin_ & Bulkhead
S. Purpose of excavation or till
100'± 30' -5 at LW
1. Access channel length - width depth
2. Boat basin length 100' width 88 depth -5
3. Fill area Erosion Area length .199'± width 12'+ depth +1.51
Win wall (2) ' -
+. Other length 30 width depth
636 LF Above or on H.W.
C 1. Bulkhead length Average distance waterward of MHW (shereiine)
2. Type of bulkhead construction (material) Treated wood
0. Excavated material (tool for protect)
1. Cubic yards 4,000 2. Type of matewl 100% sand
E. Fill material to be ol.ced below MHW (see also VI AI N/A
1. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area. and Construction Equipment
A. Does the area to be excavated include any rnarshiand. swamps or other wetland' Yes No X
B. Does the disonvl area include .nv marshland, swamps or other wetland' Yes No X
C. Disposal Area High ground west (upland) of basin
1. Location -
2. Do Y•uu claim title to disoosal area! Yes
None
D. Fill m.ilerial sisuiLe if Ill is to be Iruclicd in
E. How will ci<c.vated mAicrial be entrapped and erounn Lontrolled' Will be spread over indicated
-spoil area and grassed.
F. Type of equipment to he used Excavator - Drag line
a Will marshland he crnssed in transporting equipment to project site' If Yes, explain No
D&F-41
A".Ims
O, . ei .
V. imtetetded Une of ?r.i.c: Arm (Ooo2.l
A. 1. Prf+eaw Private, 2-family boat basin
2. CAM"Orcid
Industrttl
3. HnLOAnM Oev++oeer+erst Of
4. Otlw
a I Lot am%)
oQS,+ x 2.9nn'
2. ?atkn of tot(s) abow nsrtan 1`114" wash Varies 2 ' t o 2 0'
3. Sam type Wild tsture Nh Newhat l Fine hand
t. Type of building facilities orsttvc:ores Existing single family home
S. Sew&p disposal and/or waste water tnatrnent A. Exisurl x Plsnned None
a Describe Septic tank w/tile field
16. Land Clasuficaunn (circle prat) DEVELOPED TRAN?.i rIUN-M. COMMUNITY RURAL
( CONSERVATION ) OTHER (See CAMA Local Land Use Plats Synapsis)
VL Pertaining to Fill and Water Quality
A. Don the prooosed arntec t ;r.volve tht olacemsnt of fill mataria?s hek.w • e"lii !il2h water? Ys+ No X
L 1. Will any runoff or discharge enter adjacent watm as a result of orcuect activity or planned uw of the
am following protect comolatione Yn-No X
I Type of discharge None
None
3. Location of dischar>n
VIL I'nrutt rate of shoreline erosion (if known): 2 f t /yr
VpL L3at pernsit numbers and iuut dates of prrvious Deosrtment of Army Ceres of Enoneers or State permits for
Unknown
. wwk in project arse, if applicable:
ills. Lmto of there required to complete o• ow t: 120 days
X W addhiew to dw eonvokted apoiieadon lean, ttse followirsg it"re mint be provided:
A. Attach a copy of the deed (with Scan appiitation only) or other murursserit under which aowicaett
dakm title to the affected property. OR If applicant is not claiming to be the owner of sad property.
then forward a copy of the deed or other Westctutwnt under which the owner claimb title plus writtetn
permission from the owner to carry out the proiect on his land.
i1L Attach an accurate work olat drawn to scale on SYt X 1 I" white paper (see instfuction booklet for
details). Note: Original drawings preferred • only h-Rh quality copies icceoted.
C A coot' of the toolication and plat must be served upon adiacent rioanan landowners by teglstared
certified mail or by puclicallon(G.S. 113.229 (d))Enter date served $ -/V'
0. List names and comolete addresses of the ricarsan landowners with property adjoining appliCant's.
Such owrsers have 30 d.ys in which to submit comments to agencies listed below.
Holland Simmons -Er. 2. Box 3 7BC Carolina Beach. N
J. P. Williams, Rt. 3, Box 3, Carolina Beach, N.C.
XL Certificatien requirement: 1 certify that to t.- best of my knowledp, the prooosed activity compiles
with the State of North CArolina4 approved coastal manatement oropam and will be conducted en a
manner consistent with such program.
XIL Arty permit iss+ied pursuant to this aoolicatinn will allow only the develooment described in this appli
cation and plat. Acoficants should therefore describe in the aoolication and plat all anticipated dervel-
oprnent activities, includint construction, excavation, filling, and land clewing.
DATE `t- b?7 AX liff'
Aeolicant's Signature
MF3"i srr REVERSE SIDE FOR MAILING INSTRUCTIONS

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Roy F Musselwhite lard I Of!
?,I,,..t,i, Ir„?,r?•acnLi??.? lic,ur,uirc ('on?li,uv,
I'i-) f3r,x ti;flEl
T (q-Alow! fiws /6;!;1/G8
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Pilot
the
To Whom It May Concern:
I give Neill Musselwhite permission to act as my agent to obtain
state and federal permits for the project on my land (concerning
a bulkhead for erosion and a boat basin).
Signed:
Date
Witness ,

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NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR DEVELOPMENT
PERMIT AND WATER QUALITY CERTIFICATION
Pursuant to NCGS 113A-119(b) and 143-215 3 (a) (1) (c) , the Department of
Natural Resources and Ccnmunity Development hereby gives Public Notice
that Dr. Neill H. Musselwhite
filed an application on July 15, 1986 for a pernit from the
Divison of Coastal Management to develop in an Area of Environmental
Concern and for Certification from the Division of Environmental
Management that a discharge of fill material in project wetlands will
not violate applicable Water Quality Standards.
According to said application, Dr. Neill H. Musselwhite proposes to
excavate an access channel and boat basin and to fill an area of
"404" wetlands along the shoreline of his property. Project is located
along Myrtle Grove Sound - just north of Carolina Inlet Marina off
U.S. 421 - New Hanover County.
A copy of the entire application and additional information may be
examined (or copies furnished, upon payment of reproduction costs) during
normal business hours at the Division of Coastal Management and/or the
Division of Environmental Management, Regional Office, 7225 Wrightsville
Avenue, Wilmington, North Carolina 28403.
The Division of Environmental Management proposes to take final action on
this water quality Certification on or after August 25, 1986 . The
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issuance of the LAMA Major Development and the Section 401 Certification
may deviate from this projected date depending upon the nature of the
commnts submitted and subsequent hearings that may result.
All persons desiring to make comwnts should do so in writing to Mr. David
W. Owens, Director, Division of Coastal Management, P.O. Box 27687, Raleigh,
North Carolina 27611 prior to August 14, 1986 for consideration under
the CAMA Pezmit Decision and to Mr. Cecil G. Madden, Division of E nrironimntal
Management, P.O. Box 27687, Raleigh, North Carolina 27611 (Telephone:
[phone]) prior to August 14, 1986 for consideration under
the Water Quality certification decision,
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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North SalisburyStreet • Raleigh, North Carolina 27611
James G. Martin, Governor Field Services Section David W. Owens
S. Thomas Rhodes, Secretary 7225 Wrightsville Avenue Director
Wilmington, NC 28403
[phone]
July 24, 1986

Dianne Blake
Star News
P.O. Box 840
Wilmington, NC 28401
Dear Ms. Blake:
Please place the following legal notice in the classified section of your
newspaper and send the bill and affidavit to Christie Flynn, Division of
Coastal Management, P.O. Box 27687, Raleigh, NC 27611.
Sincerely,
C?R 5fizi.
C. Robert Stroud, Jr.
` Field Consultant
CRS/sbm
Attachment
P.O fox 27687, kaleipzh, North Carolina 27611-7087 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
IN REPLY REFER TO
Regulatory Branch
July 31, 1986
SUBJECT: File No. SAWC086-N-065-0305
RECEI'?ED
AUG 0 5 1986
Dr. Neill H. Musselwhite
1602 Doctors Circle
Wilmington, North Carolina 28401
Dear Dr. Musselwhite:
WATER QUALITY SECTION
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received June 9, 1986, for a
Department of the Army permit to excavate a canal and basin and
construct and backfill a bulkhead on the Atlantic Intracoastal
Waterway (AIWW), north of Carolina Inlet Marina, New Hanover
County, North Carolina, indicates it to be a candidate for Federal
authorization under this general permit. Accordingly, the
administrative processing of your application will be accomplished
by the North Carolina Division of Coastal Management. Comments
from Federal review agencies will be furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 10 of the River and
Harbor Act and Section 404 of the Clean Water Act, has been
assigned No. SAWC086-N-065-0305 and will be coordinated by
Ms. Alison Arnold. She is available to address questions or
comments you may have at telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
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Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones Mr. C. Robert Stroud
Morehead City Regional Office Wilmington Regional Office
North Carolina Division of North Carolina Division of
Coastal Management Coastal Management
Post Office Box 769 7225 Wrightsville Avenue
Morehead City, North Carolina 28557 Wilmington, North Carolina 28403
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