19890331 Ver 1_Complete File_19890101

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DEPARTMENT l)
OF THE ARMY ,
Wilmington District, Corps of Engineers JAN 23 k"
Post Office Box 1890 p'l? ?a_?
Wilmington, North Carolina 28402-1890 ln??,.,r.a,ty, i .7ILF'AANAG MFNT
lit€dr,11, i'o;;
CESAW-CO-ND-89-N-10-65-0013 January 19, 198
PUBLIC NOTICE
MAINTENANCE DREDGING IN MILITARY OCEAN TERMINAL
SUNNY POINT, NORTH CAROLINA
(Brunswick and New Hanover Counties)
The Military Traffic Management Command, Military Ocean Terminal, Sunny
Point (MOTSU), Southport, North Carolina, proposes 'to perform maintenance
dredging of the facility's access channels, connecting channels, and navigation
basins on the Cape Fear River in Brunswick County, North Carolina. (See Encl 1.)
The dredging will be performed under Department of the Army permit No. SAWCO-
79-N-010-0019 dated February 23, 1979, as modified to include ocean disposal on
August 25, 1980. A 6-month extension to permit No. SAWC079-N-010-0019, as
modified was given by Wilmington District, Corps of Engineers letter, dated
January 13, 1989. The proposed maintenance dredging involves the removal of all
material lying above the plane of 36 feet below mean low water (MLW). The work
is performed annually and will begin this year on or about April 11 1989.
Ap * a ely 1,0",000 cubic lards of fire gra ned silts and clays will be
removed. The dredging will require approximately 90 days to complete.. Barge
overflow methods will not beaedr this clamed in. o ration.
.....
@db , ei' ??[? a``?inahe?l"_AroAeo nr 1?n.?e?ax ?, _,.?.t?e'_"`^?i?""""m7!'tC??'1
will be transported for disposal to the Environmental Protection Agency (EPA)
designated Wilmington ocean dredged material disposal site (ODMDS). (See Encl
2.) The boundary coordinates for the Wilmington ODMDS are: 33049130"N 078003'06"W;
33°48118"N 078001139"W; 33°47'19"N 078°02148"W; and 33°48130"N 078°04116"W.
All necessary actions will be taken to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation of
the transportation route to the disposal site, designation of the specific area
within the disposal site to be used for disposal, and the requirement that the
dredge have a navigation recorder on board to document the disposal locations.
The proposed action was addressed in the environmental assessment (EA), Ocean
Dumping, Military Ocean Terminal, Sunny Point, Brunswick County, North Carolina,
July 1980. EPA, upon review of bioassay and bioaccumulation testing, as well as
other required information, determined on January 25, 1980, that the MOTSU
sediments are acceptable for ocean disposal. Chemical and biological tests of the
MOTSU dredged materials are being conducted and will be completed by the time
dredging begins for 1989. No ocean disposal of dredged material will occur unless
the most recent tests indicate that the material is acceptable for ocean disposal
in accordance EPA's Ocean Dumping Regulations and Criteria (40 CFR, Parts 220 to
229). The potential effects of the disposal of dredged materials within the
Wilmington ODMDS were addressed in the final environmental impact statement,
Savannah, GA, Charleston, SC, and Wilmington, NC, Ocean Dredged Material Disposal
Site Designation, October 1983.
k
-2-
The afore-mentioned ocean dumping environmental impact assessments were made on
the basis of compliance with EPA's Ocean Dumping Regulations and Criteria. Those
regulations and criteria were promulgated by EPA under the authority established by
Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972, as
amended, to ensure that disposal of dredged material will not degrade or endanger
the marine environment and will not cause unacceptable human health effects or
other permanent adverse effects.
The proposed action is consistent with the approved Coastal Management Program
of the State of North Carolina. A MOTSU maintenance dredging program consistency
determination dated March 18, 1983, is on file with the North Carolina Department
of Natural Resources and Community Development, Division of Coastal Management.
State concurrence with the consistency determination was received on August 12,
1983. Established in the March 1983 consistency determination is a coordination
procedure with the North Carolina Division of Marine Fisheries and Division of
Coastal Management, including issuance of an informational public notice for those
times when dredging is required between April 1 and September 30, the State's
designated dredging moratorium. EPA prepared a consistency determination dated
September 26, 1983, for the designation for continued use of the Wilmington ODMDS.
The North Carolina agreement with the site designation consistency determination
was received October 20, 1983.
As the proposed discharge of dredged material will take place outside the
3-nautical-mile limit of the territorial sea, the discharge is regulated under the
Marine Protection Research and Sanctuaries Act of 1972, as amended. A section 401
Water Quality Certificate under the Clean Water Act of 1972, as amended, is not
required.
This public notice is being distributed to all known interested parties for
informational purposes only. If you have any questions, please contact Mr. Philip
Payonk of the Environmental Resources Branch of this office at telephone (919)
251-4589.
J
o n F. Miniclier, Jr.
utenant Colonel, Co o s of Engineers
Deputy District Engineer
Enclosures
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LIST OF FEDERAL, STATE AND LOCAL AGENCIES
Chairman Board of County Commissioners
Postmasters
Mayors
Marine Science Council
Water Resources Research Institute
US Fish and wildlife Service
Assistant US Attorney
US Geological Survey
National Marine Fisheries Service
US Coast Guard
Regional Director of the US Fish and Wildlife Service
Regional Director of the National Park Service
Regional Shellfish Consultant
Office of Chief Engineers
South Atlantic Division
All United States Senators and Representatives for State of North
Carolina
US Department of Health, Education and Welfare
Regional Director, Environmental Protection Agency
Heritage Conservation and Recreational Service
NC State Clearinghouse and Information Center
i

MEMORANDUM.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Date: March 1, 1989
To: Bill Mills
Operations Branch
From: James H. Gregson -3?2
Wilmington Regional Office
Through: Donald Safri
Wilmington Regional Office
Subject: Regional Office Review and Recommendations
.Application for Permit for Excavation and/or Fill
Project # 8902-I and 8902-K
COE Public Notice CESAW-C089-N-010-0188
and CESAW-CO-ND-89-N-10-65-0013
M.O.T.S.U. Dredging
Brunswick County
PROJECT DESCRIPTION: The Military Traffic Command, MOTSU, Southport, North
Carolina has applied for a DOA permit to maintain access channels.
ADJACENT WATER BODY: Cape Fear River
CLASSIFICATION: SC STATUS: Closed
The project has been reviewed to determine impacts to water quality. The
following comments have been provided.
1. The project will not require a 401 Water Quality Certification.
2. The proposed project should be done in such a way as to not cause the
turbidity outside the immediate construction area to exceed-25 NTU.
This office has no objection to the project as proposed.
JHG:trw
cc: DCM
Stephen Benton
WiRO, CF
MAR 0
STATt
T
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 02/15/89 George T. Everett
William W. Cobey, Jr., Secretary Director
Mr. Preston Howard
NC DNR&CD
Div. Environmental Management
7225 Wrightsville Avenue
Wilmington, NC 28403
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice No.
CESAW-89-0188, dated 02/09/89 concerning a. Federal project or an
application for a Federal Permit to excavate, fill and/or place
structures in navigable water-s (R-e: Sec.. 404 & Sec.-10) is being
circulated to interested State agencies for comments.
t „
d found c.
?- _ ? ;_ yTha?,s?.?p??c?to:,:Y??s?p.,?e?.?;?,usl?b?e-t' x?. • - ?.??.,, ??4 .;.:......W -
WIt":.,t`I '..°-North-ago2:i-na®.°eo-a°stal a-nagemerrc - ogwem. ,...°plec
feel free to comment directly to the Corps (with a copy to me)
or through me before 03/10/89.
e y,
ton
n B. Ben
*ee
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No Comment. \
Signed - t? - Zf>?
Date a-?-5
Agency i> -L NI,-
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-C089-N-010-0188 February 9, 1989
PUBLIC NOTICE
MILITARY TRAFFIC MANAGEMENT COMMAND, MILITARY OCEAN TERMINAL, SUNNY POINT,
Southport, North Carolina 28461-5000, has applied for a Department of the
Army permit TO MAINTAIN ACCESS CHANNELS, CONNECTING CHANNELS AND BASINS AND TO
TRANSPORT DREDGED MATERIAL FOR OCEAN DISPOSAL ON THE CAPE FEAR RIVER, MILITARY
OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from studies by the Planning Division, Environmental Resources
Branch, Corps of Engineers. Plans submitted with the application show
proposed maintenance excavation to remove recurring shoals lying above the
elevation of 36 feet below mean low water (MLW) within the Military Ocean
Terjaina , Sunny Pont (MOTSI ,) navigation facilities (figure 1). Excavation is
to be accomplished by clamshell dredge, hydraulic pipeline dredge, hopper
dredge, -or a combination =the:r4of. Materials excavated by clamshell or 'hopper
., - idr.ed a ;wow - tse tzans>gorre??i b? :svaw, ;o r. ,'d=redge=<„hippe-r.:;??-nespec ve~dj
fo.r=
disposal within Ehe U.S. "Environmental Protect of 40_hcy "(EFAY-U-s1giiated
Wilmington Ocean Dredged Material Disposal Site (ODMDS) (Figure 2). Materials
excavated by hydraulic dredge would be pumped and retained in existing diked
upland disposal area 4 (Figure 3).
Maintenance dredging at MOTSU is necessary almost on an annual basis, and
the work necessitates the removal of approximately 2 million cubic yards of
bottom sediment during each dredging cycle. A maintenance dredging cycle will
take from 120 to 180 days to complete with a clamshell or hopper dredge using
ocean disposal. With a hydraulic pipeline dredge and diked upland disposal,
the maintenance dredging will require about 90 days to complete.
The Wilmington ODMDS (Figure 2) was designated by EPA pursuant to Section
102(c) of the Marine Protection Research and Sanctuaries Act of 1972, as
amended, as suitable for the ocean disposal of dredged material. The final
rule was promulgated by EPA on 2 July 1987 (FR Vol 52 No 127) effective
3 August 1987. The Wilmington ODMDS has an area of about 2.3 square nautical
miles. Depths within the ODMDS range from 35 to 46 feet below MLW. The site
has been used for many years for the ocean disposal of dredged material from
the Wilmington Harbor Federal navigation channel. Approximately one million
0
cubic yards of dredged material from the Wilmington Harbor navigation channel
are ocean dumped in the Wilmington ODMDS each year. Dredged materials from
MOTSU were dumped in the Wilmington ODMDS for the first time in 1987.
Significant adverse effects of previous authorized disposal in the
Wilmington ODMDS have not been observed. Interferences with shrimping in
areas outside and adjacent the Wilmington ODMDS have occurred as a result of
improper or short dump disposal. The interferences were the result of wooden
debris incidentally removed from the bottom during dredging and which
subsequently fouls nets when trawling occurs in the vicinity of the ODMDS.
MOTSU will coordinate with the Wilmington District Corps of Engineers and
take all necessary actions to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation
of the transportation route to the disposal site, designation of the specific
area within the disposal site to be used for the disposal, and the requirement
that the transportation vessel have a navigation recorder on board to document
the disposal locations.
New information relative to the effects of hopper dredges on sea turtles
and the occurrence of shortnose sturgeons in the Cape Fear River estuary have
been recently identified. As a result, if hopper dredges are used, vessels
will be adequately screened and a minimum of 25% observer coverage will be
maintained to document sea turtle or shortnose sturgeon mortalities. The
taking of any sea turtles or shortnose sturgeon resulting in injury or death
to the animal will be immediately reported to the National Marine Fisheries
Service (NOAA Fisheries) Southeast Regional Office.
The discharge of dredged material in the Wilmington ODMDS will take place
outside the 3 nautical mile limit of the territorial sea which is regulated
under the Marine Protection Research and Sanctuaries Act of 1972, as amended.
A Section 401 Water Quality Certificate under the Clean Water Act of 1977, as
amended, is not required. The disposal of MOTSU dredged material in diked
disposal area 4 satisfies the terms and conditions of Nationwide Permit 33 CFR
330.5(a)(16) and N.C. Division of Environmental Management General Water
Quality Certification No. 1273 issued on November 10, 1978.
The only alternative to MOTSU maintenance dredging is the no action
alternative. Dredged material disposal alternatives include ocean disposal,
diked upland disposal within existing disposal areas, and confined and
unconfined, open water disposal in the Cape Fear River estuary. No new diked
disposal areas are available because of ground water constraints set forth in
the North Carolina Ground Water Regulations. Existing diked disposal area 4
is nearly full. MOTSU plans to use disposal area 4 as a "critical reserve"
disposal area. This area will be used when a national security requirement
mandates maintenance dredging be performed as quickly as possible, that is, by
hydraulic pipeline dredge. Confined and unconfined, open water disposal in
the Cape Fear River estuary would not be consistent with policy set forth in

-3-
the approved North Carolina Coastal Management Program. State and Federal
environmental agencies have strongly opposed open water disposal by MOTSU.
Since disposal area 4 has very tattle remaining disposal capacity, the MOTSU
long term dredging plans for routine maintenance dredging are for clamshell
and/or hopper dredging and ocean disposal.
The proposed transportation of this dredged material for disposing of it
in ocean waters is being evaluated to determine that the proposal will not
unreasonably degrade or endanger human health, welfare, or amenities or the
marine environment, ecological systems, or economic potentialities. In making
this determination, the criteria established by the Administrator, EPA,
pursuant to Section 102(a) of the Marine Protection Research and Sanctuaries
Act of 1972, as amended, will be applied. In addition, based on an evaluation
of the potential effect which the failure to utilize this ocean disposal site
will have on navigation, economic, and industrial development, and foreign and
domestic commerce of the United States, an independent determination will be
made of the need to dispose of the dredged material in ocean waters, other
possible methods of disposal, and other appropriate locations.
The purpose of the work is to maintain adequate depth for MOTSU to perform
its transport&tion functions xthich ar%o important is national **eurity.
Continued shoaling in the MOTSU channels and basins would result in a loss of
shipping capacity. Plans showing the work are included with this.public
_,.. notice,
The MOTSU maintenance dredging program has been determined to be
consistent with the Coastal Management Program of the State of North Carolina.
The designation for continued use of the Wilmington ODMDS has been determined
to be consistent with the Coastal Management Program.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403), Section 404 of the Clean Water Act (33
U.S.C. 1344), and Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413). Any person may request, in writing
within the comment period specified in this notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
MOTSU maintenance dredging was addressed in the FEIS Maintenance Dredging
of Basins and Channels, Military Ocean Terminal, Sunny Point, Southport, North
Carolina, May 1972, the EA Ocean Dumping, Military Ocean Terminal, Sunny
Point, Southport, North Carolina, July 1980, and the EA Clamshell Dredging,
! ..
Military Ocean Terminal, Sunny
1984. The potential effects
Wilmington ODMDS were assessed
Wilmington, NC, Ocean Dredged
1983.
-4-
Point, Southport, North Carolina, September
of the disposal of dredged material within the
in the FEIS Savannah, GA, Charleston, SC, and
Katerial Disposal Sites Designation, October
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit. Based on
the above listed environmental impact assessments, the continued maintenance
of the MOTSU navigation facilities with discharge of dredged material in the
Wilmington ODMDS or diked upland disposal area 4 will not impact known
archeological/historic resources or endangered species.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore 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
placement of dredged or fill materials in waters of the United States, a
permit will be denied.if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable

-5-
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
March 3, 1989.
All persons desiring to make comments regarding the application for Clean
Water_Act certification should do so in writing delivered to the North
Car-a . ._ .. m..._ ....
uirnment-a.?'s?,genf.Pot`Offc 4oc-27_687, RardfgYi.,.
North Carolina 27611-7687, on or before February 27, 1989, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
March 13, 1989, or telephone [phone].
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO-ND-89-N-10-65-0013 January 19, 1988
PUBLIC NOTICE
MAINTENANCE DREDGING IN MILITARY OCEAN TERMINAL
SUNNY POINT, NORTH CAROLINA
(Brunswick and New Hanover Counties)
The Military Traffic Management Command, Military Ocean Terminal, Sunny
Point (MOTSU), Southport, North Carolina, proposes to perform maintenance
dredging of the facility's access channels, connecting channels, and navigation
basins on the Cape Fear River in Brunswick County, North Carolina. (See Encl 1.)
The dredging will be performed under Department of the Army permit No. SAWCO-
79-N-010-0019 dated February 23, 1979, as modified to include ocean disposal on
August 25, 1980. A 6-month extension to permit No. SAWC079-N-010-0019, as
modified was given by Wilmington District, Corps of Engineers letter, dated
January 13, 1989. The proposed maintenance dredging involves the removal of all
material lying above the plane of 36 feet below mean low water (MLW). The work
is performed annually and will begin this year on or about April -1, '11989.
Approximately 1,000,000 cubic yards of fine grained silts and clays will be
removed. The dredging will require approximately 90 days to complete. Barge
overflow methods-will not be used for this- dredging.,Koperationc•. Daredging w 11 be
.n ,. Ra orm'ed- b=p' r a c ilnshell, o .-h iae °-? dredge: Th"e .--dre`dge material
°`wn-1 be" transported for disposal to the Environmental Protection Agency (EPA)
designated Wilmington ocean dredged material disposal site (ODMDS). (See Encl
2.) The boundary coordinates for the Wilmington ODMDS are: 33049130"N 078003106"W;
33°48118"N 078°01139"W; 33°47'19"N 078°02148"W; and 33°48130"N 078°04116"W.
All necessary actions will be taken to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation of
the transportation route to the disposal site, designation of the specific area
within the disposal site to be used for disposal, and the requirement that the
dredge have a navigation recorder on board to document the disposal locations.
The proposed action was addressed in the environmental assessment (EA), Ocean
Dumping, Military Ocean Terminal, Sunny Point, Brunswick County, North Carolina,
July 1980. EPA, upon review of bioassay and bioaccumulation testing, as well as
other required information, dete mined on January 25, 1980, that the MOTSU
sediments are acceptable for ocean disposal. Chemical and biological tests of the
MOTSU dredged materials are being conducted and will be completed by the time
dredging begins for 1989. No ocean disposal of dredged material will occur unless
the most recent tests indicate that the material is acceptable for ocean disposal
in accordance EPA's Ocean Dumping Regulations and Criteria (40 CFR, Parts 220 to
229). The potential effects of the disposal of dredged materials within the
Wilmington ODMDS were addressed in the final environmental impact statement,
Savannah, GA, Charleston, SC, and Wilmington, NC, Ocean Dredged Material Disposal
Site Designation, October 1983.

- -2-
The afore-mentioned ocean dumping environmental impact assessments were made on
the basis of compliance with EPA's Ocean Dumping Regulations and Criteria. Those
regulations and criteria were promulgated by,EPA under the authority established by
Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972, as
amended, to ensure that disposal of dredged material will not degrade or endanger
the marine environment and will not cause unacceptable human health effects or
other permanent adverse effects.
The proposed action is consistent with the approved Coastal Management Program
of the State of North Carolina. A MOTSU maintenance dredging program consistency
determination dated March 18, 1983, is on file with the North Carolina Department
of Natural Resources and Community Development, Division of Coastal Management.
State concurrence with the consistency determination was received on August 12,
1983. Established in the March 1983 consistency determination is a coordination
procedure with the North Carolina Division of Marine Fisheries and Division of
Coastal Management, including issuance of an informational public notice for those
times when dredging is required between April 1 and September 30, the State's
designated dredging moratorium. EPA prepared a consistency determination dated
September 26, 1983, for the designation for continued use of the Wilmington ODMDS.
The North Carolina agreement with the site designation consistency determination
was received October 20, 1983.
As the proposed discharge of dredged material will take place outside the
3-nautical-mile limit of the territorial sea, the discharge is regulated under the
Marine Protection Research and Sanctuaries Act of 1972, as amended. A section 401
Water Quality Certificate under the Clean Water Act of 1972, as amended, is not
required.
This public notice is being distributed to all known interested parties for
informational purposes only. If you have any questions, please contact Mr. Philip
Payonk of the Environmental Resources Branch of this office at telephone (919)
251-4589.
Jo n F. Miniclier, Jr.
> utenant Colonel, Co s of Engineers
Deputy District Engineer
Enclosures

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LIST OF FEDERAL, STATE AND LOCAL AGENCIES
Chairnan Board of County Commissioners
Postmasters
Mayors
Marine Science Council
Water Resources Research Institute
US Fish and Wildlife Service
Assistant US Attorney
US Geological Survey
National Marine Fisheries Service
US Coast Guard
Regional Director of the US Fish and Wildlife Service
Regional Director of the National Park Service
Regional Shellfish Consultant
Office of Chief Engineers
South Atlantic Division
All United States Senators and Representatives for State of North
Carolina
US Department of Health, Education and Welfare
Regional Director, Environmental Protection Agency
Heritage Conservation and Recreational Service
NC State Clearinghouse and Information Center

i.. ` , DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO-ND-89-N-10-65-0013
January 19, 1988
PUBLIC NOTICE
MAINTENANCE DREDGING IN MILITARY OCEAN TERMINAL
SUNNY POINT, NORTH CAROLINA
(Brunswick and New Hanover Counties)
The Military Traffic Management Command, Military Ocean Terminal, Sunny
Point (MOTSU), Southport, North Carolina, proposes to perform maintenance
dredging of the facility's access channels, connecting channels, and navigation
basins on the Cape Fear River in Brunswick County, North Carolina. (See Encl 1.)
The dredging will be performed under Department of the Army permit No. SAWCO-
79-N-010-0019. dated February 23, 1979, as modified to include ocean disposal on
August 25, 1980. A 6-month extension to permit No. SAWC079-N-010-0019, as
modified was given by Wilmington District, Corps of Engineers letter, dated
January 13, 1989. The proposed maintenance dredging involves the removal of all
material lying above the plane of 36 feet below mean low water (MLW). The work
is performed annually and will begin. this year on or about -April 1 1189.
Apprmimately 1,000,000 cubic yards of tine grained silts and clays will be
removed. The dredging will require approximately 90 days, to,.;complete.: Barge
overflow methods will not be used for,_ thi redging Prataon. y Daing, wll tie,
r
a b?° .... rem .or °re3ga. eke a..ec?ge merl
will be transported for disposal to the Environmental Protection Agency (EPA)
designated Wilmington ocean dredged material disposal site (ODMDS). (See Encl
2.) The boundary coordinates for the Wilmington ODMDS are: 33049130"N 078003'06"W;
33°48118"N 078°01139"W; 33°47'19"N 078°02148"W; and 33°48130"N 078°04116"W.
All necessary actions will be taken to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation of
the transportation route to the disposal site, designation of the specific area
within the disposal site to be used for disposal, and the requirement that the
dredge have a navigation recorder on board to document the disposal locations.
The proposed action was addressed in the environmental assessment (EA), Ocean
Dumping, Military Ocean Terminal, Sunny Point, Brunswick County, North Carolina,
July 1980. EPA, upon review of bioassay and bioaccumulation testing, as well as
other required information, determined on January 25, 1980, that the MOTSU
sediments are acceptable for ocean disposal. Chemical and biological tests of the
MOTSU dredged materials are being conducted and will be completed by the time
dredging begins for 1989. No ocean disposal of dredged material will occur unless
the most recent tests indicate that the material is acceptable for ocean disposal
in accordance EPA's Ocean Dumping Regulations and Criteria (40 CFR, Parts 220 to
229). The potential effects of the disposal of dredged materials within the
Wilmington ODMDS were addressed in the final environmental impact statement,
Savannah, GA, Charleston, SC, and Wilmington, NC, Ocean Dredged Material Disposal
Site Designation, October 1983.
-2-

The afore-mentioned ocean dumping environmental impact assessments were made on
the basis of compliance with EPA's Ocean Dumping Regulations and Criteria. Those
regulations and criteria were promulgated by EPA under the authority established by
Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972, as
amended, to ensure that disposal of dredged material will not degrade or endanger
the marine environment and will not cause unacceptable human health effects or
other permanent adverse effects.
The proposed action is consistent with the approved Coastal Management Program
of the State of North Carolina. A MOTSU maintenance dredging program consistency
determination dated March 18, 1983, is on file with the North Carolina Department
of Natural Resources and Community Development, Division of Coastal Management.
State concurrence with the consistency determination was received on August 12,
1983. Established in the March 1983 consistency determination is a coordination
procedure with the North Carolina Division of. Marine Fisheries and Division of
Coastal Management, including issuance of an informational public notice for those
times when dredging is required between April 1 and September 30, the State's
designated dredging moratorium. EPA prepared a consistency determination dated
September 26, 1983, for the designation for continued use of the Wilmington ODMDS.
The North Carolina agreement with the site designation consistency determination
was received October 20, 1983.
As the proposed discharge of dredged material will take place outside the
3-nautical-mile limit of the territorial sea, the discharge is regulated under the
marine Protection Research and Sanctuaries Act of 1972, as amended. A section 401
Water Quality Certificate under the Clean Water Act of 1972, as amended, is not
required.
This public notice is being distributed to all known interested parties for
informational purposes only. If you have any questions, please contact Mr. Philip
Payonk of the Environmental Resources Branch of this office at telephone (919)
251-4589.
Engineers
Deputy District Engineer
Jo n F. Miniclier, Jr.
utenant Colonel, Co s of Enclosures

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LIST OF FEDERAL, STATE AND LOCAL AGENCIES
Chairman Board of County Commissioners
Postmasters
Mayors
Marine Science Council
Water Resources Research Institute
US Fish and Wildlife Service
Assistant US Attorney
US Geological Survey
National Marine Fisheries Service
US Coast Guard
Regional Director of the US Fish and Wildlife Service-;
Regional Director of the National Park Service
Regional Shellfish Consultant
Office of Chief Engineers
South Atlantic Division
All United States Senators and Representatives for State of North
Carolina
US Department of Health, Education and Welfare
Regional Director, Environmental Protection Agency
Heritage Conservation and Recreational Service
NC State Clearinghouse and Information Center

J,
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO89-N-010-0188 February 9, 1989
PUBLIC NOTICE
MILITARY TRAFFIC MANAGEMENT COMMAND, MILITARY OCEAN TERMINAL, SUNNY POINT,
Southport, North Carolina 28461-5000, has applied for a Department of the
Army permit TO MAINTAIN ACCESS CHANNELS, CONNECTING CHANNELS AND BASINS AND TO
TRANSPORT DREDGED MATERIAL FOR OCEAN DISPOSAL ON THE CAPE FEAR RIVER, MILITARY
OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from studies by the Planning Division, Environmental Resources
Branch, Corps of Engineers. Plans submitted with the application show
proposed maintenance excavation to remove recurring shoals lying above the
elevation of 36 feet below mean low water (MLW) within the Military Ocean
Tmraixul, S Pei" ( ) 4Z&t144 facilities (Figure 1). Excavation is
to be accomplished by clamshell dredge, hydraulic pipeline dredge, hopper
dredge, or ,:a combination thereof. -Materials excavated by-clamshell: or;hopper
T _.
°wouul be transpedy c drdghop;;eec.vlyy,..?or,
disposal within the $. Envi`rorimental Pidtdction 4dfty (EPA) -dewsignarted
Wilmington Ocean Dredged Material Disposal Site (ODMDS) (Figure 2). Materials
excavated by hydraulic dredge would be pumped and retained in existing diked
upland disposal area 4 (Figure 3).
Maintenance dredging at MOTSU is necessary almost on an annual basis, and
the work necessitates the removal of approximately 2 million cubic yards of
bottom sediment during each dredging cycle. A maintenance dredging cycle will
take from 120 to 180 days to complete with a clamshell or hopper dredge using
ocean disposal. With a hydraulic pipeline dredge and diked upland disposal,
the maintenance dredging will require about 90 days to complete.
The Wilmington ODMDS (Figure 2) was designated by EPA pursuant to Section
102(c) of the Marine Protection Research and Sanctuaries Act of 1972, as
amended, as suitable for the ocean disposal of dredged material. The final
rule was promulgated by EPA on 2 July 1987 .(FR Vol 52 No 127) effective
3 August 1987. The Wilmington ODMDS has an area of about 2.3 square nautical
miles. Depths within the ODMDS range from 35 to.46 feet below MLW. The site
has been used for many years for the ocean disposal of dredged material from
the Wilmington Harbor Federal navigation channel. Approximately one million

-2-
cubic yards of dredged material from the Wilmington Harbor navigation channel
are ocean dumped in the Wilmington ODMDS each year. Dredged materials from
MOTSU were dumped in the Wilmington ODMDS for the first time in 1987.
Significant adverse effects of previous authorized disposal in the
Wilmington ODMDS have not been observed. Interferences with shrimping in
areas outside and adjacent the Wilmington ODMDS have occurred as a result of
improper or short dump disposal. The interferences were the result of wooden
debris incidentally removed from the bottom during dredging and which
subsequently fouls nets when trawling occurs in the vicinity of the ODMDS.
MOTSU will coordinate with the Wilmington District Corps of Engineers and
take all necessary actions to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation
of the transportation route to the disposal site, designation of the specific
area within the disposal site to be used for the disposal, and the requirement
that the transportation vessel have a navigation recorder on board to document
the disposal locations.
New information relative to the effects of hopper dredges on sea turtles
and the occurrence of shortnose sturgeons in the Cape Fear River estuary have
been recently identified. As a result, if hopper dredges are used, vessels
will be adequately screened and a minimum of 25% observer coverage will be
maintained to document sea turtle or shortnose sturgeon mortalities. The
taking of any sea turtles or shortnose sturgeon resulting in injury or death
to the animal will be immediately reported to the National Marine Fisheries
Service (NOAA Fisheries) Southeast Regional Office.
The discharge of dredged material in the Wilmington ODMDS will take place
outside the 3 nautical mile limit of the territorial sea which is regulated
under the Marine Protection Research and.Sanctuaries Act of 1972, as amended.
A Section 401 Water Quality Certificate under the Clean Water Act of 1977, as
amended, is not required. The disposal of MOTSU dredged material in diked
disposal area 4 satisfies the terms and conditions of Nationwide Permit 33 CFR
330.5(a)(16) and N.C. Division of Environmental Management General Water
Quality Certification No. 1273 issued on November 10, 1978.
The only alternative to MOTSU maintenance dredging is the no action
alternative. Dredged material disposal alternatives include ocean disposal,
diked upland disposal.within existing disposal areas, and confined and
unconfined, open water disposal in the Cape Fear River estuary. No new diked
disposal areas are available because of ground water constraints set forth in
the North Carolina Ground Water Regulations. Existing diked disposal area 4
is nearly full. MOTSU plans to use disposal area 4 as a "critical reserve"
disposal area. This area will be used when a national security requirement
mandates maintenance dredging be performed as quickly as possible, that is, by
hydraulic pipeline dredge. Confined and unconfined, open water disposal in
the Cape Fear River estuary would not be consistent with policy set forth in
t
-3--
the approved North Carolina Coastal Management Program. State and Federal
environmental agencies have strongly opposed open water disposal by MOTSU.
Since disposal area 4 has very little remaining disposal capacity, the MOTSU
long term dredging plans for routine maintenance dredging are for clamshell
and/or hopper dredging and ocean disposal.
The proposed transportation of this dredged material for disposing of it
in ocean waters is being evaluated to determine that the proposal will not
unreasonably degrade or endanger human health, welfare, or amenities or the
marine environment, ecological systems, or economic potentialities. In making
this determination, the criteria established by the Administrator, EPA,
pursuant to Section 102(a) of the Marine Protection Research and Sanctuaries
Act of 1972, as amended, will be applied. In addition, based on an evaluation
of the potential effect which the failure to utilize this ocean disposal site
will have on navigation, economic, and industrial development, and foreign and
domestic commerce of the United States, an independent determination will be
made of the need to dispose of the dredged material in ocean waters, other
possible methods of disposal, and other appropriate locations.
The purpose of the work is to maintain adequate depth for MOTSU to perform
its trans rtatien f?lono which are important to national security.
Continued shoaling in the MOTSU channels and basins would result in a loss_ of
shipping capacity. Plans showing the work are included with this public`
The MOTSU maintenance dredging program has been determined to be
consistent with the Coastal-Management Program of the State of North Caroline.
The designation for continued use of the Wilmington ODMDS has been determined
to be consistent with the Coastal Management Program.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403), Section 404 of the Clean Water Act (33
U.S.C. 1344), and Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413). Any person may request, in writing
within the comment period specified in this notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
MOTO maintenance dredging was addressed in the FEIS Maintenance Dredging
of Basins and Channels, Military Ocean Terminal, Sunny Point, Southport, North
Carolina, May 1972, the EA Ocean Dumping, Military Ocean Terminal% Sunny
Point, Southport, North Carolina; July 1980, and the EA Clamshell Dredging,
a

-4-
Military Ocean Terminal, Sunny Point, Southport, North Carolina, September
1984. The potential effects of the disposal of dredged material within the
Wilmington ODMDS were assessed in the FEIS Savannah, GA, Charleston, SC, and
Wilmington, NC, Ocean Dredged Material Disposal Sites Designation, October
1983.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit. Based on
the above listed environmental impact assessments, the continued maintenance
of the MOTSU navigation facilities with discharge of dredged material in the
Wilmington ODMDS or diked upland disposal area 4 will not impact known
archeological/historic resources or endangered species.
The District Engineer has determined, based on.a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use,.navigation, shore 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
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
S
-5-
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
March 3, 1989.
s
All persons desiring to make comments regarding the application' for Clean
Water Act eertif ;cation should-.do .4-6, -in writing delivered to the North
atxoluI???t,+tvdiaaAranPost.Q.e Box x27687, Raleigh,'...
,Forth "C`arro-ITna 27G?1?T?8T; Ott ar i fore February 27-1954 Attention: ,.
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
March 13, 1989, or telephone [phone].
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Chart Source: NOAA Nautical Chart No. 11537, January 2, 1988
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3a is Bald Bead Island
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Samples collected. October 4, 1988
Reference Sediment Collection Location
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