19900231 Ver 1_COMPLETE FILE_19900101

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Govemor
William W. Cobey, Jr., Secretary
April 24, 1990
MEMORANDUM
TO: John Parker
FROM: Bill Mills Origiriai Signed By
V?'fL !_IAM C. FRILLS
SUBJECT: Application for CAMA Permit
Oakley Plantation
New Hanover County
George T. Everett, Ph.D.
Director
The Subject application has been reviewed for water quality
impacts and the following comments are offered:
a) The proposed project will not require a 401 Water Quality
Certification.
b) Dredging shall be conducted in such a manner as to not
cause turbidity to exceed 25 NTU outside of the immediate
area of construction activity.
c) Dredged material should be placed on the dike as near as
practicable to the canal such that any runoff will enter
the canal and minimize impact to adjacent wetlands. The
spoils should be allowed to completely dewater before
spreading. The dike should be stabilized with vegetation
as soon as possible after spreading.
BM/kls
cc: Preston Howard
Pollution Preverdion Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

0
DIVISION OF ENVIRONMENTAL MANAGEMENT
P1iSP7V1(AlVLUlrl .. M1;???'??}?,! fr,/-':
<? A
Date: April 16, 1990
To:
tinning Branch QV
From:
James H. GregsonWilmington Regiona f f ice
Through: T. L. Bush, Jr.
Regional Water Qua ity Supervisor
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 9 0 0 4 -J
Oakley Plantation - James C. Fox
New Hanover County
PROJECT DESCRIPTION: The applicant proposes to dredge
approximately 96, 000 sq. ft. of canal to build up existing
dikes.
ADJACENT WATER BODY: Northeast Cape Fear River
CLASSIFICATION: SC Sw
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.
3. It is recommended that the dredged material be placed on the
dike as near as practical to the canal such that any runoff
will enter the canal and not adjacent wetlands. Spoil
should be allowed to completely dewater before spreading.
The dike should be stabilized with vegetation as soon as
possible after spreading.
This office has no objection to the project as proposed.
JHG:9004-J.APR
cc: DCM - Robert Stroud
WiRO, CF
Jim Gregson
IMWW7
DIVISION OF COASTAL MANAGEMENT
FIELD DTV- STIGATION REPORT
1. Applicant's name Oakley Plantation - James C. Fox
2. location of project site Man-made ip=undment off Northeast Cape Fear River
north of confluence with Ness Creek, - New Hanover CountV - 1984 Photo 15-88
Grid A-F, 4-17
3. Investigation type: Dredge & Fill
CAMA X
4. Invest-igative procedure: (A) Dates of site visit 8-25-89
(B) Was applicant present M -
5. Processing procedure: Application received 3-23-90 Office WiRO
6. Site description: (A) Local. Land Use Plan Wilmington - New Hanover
Land Cla-sification from LUP Conservation
Development constraints identified in LUP None for
project of this nature
(B) AEC(s) involved:
(C) Water dependent:
(D) Intended use:
Ocean Hazard Estuarine Shoreline X
Coastal Wetlands Public Trust Waters
Estuarine Waters Other
Yes
Public
(E) Type of waste water treatment:
Planned N/A
No X Other
Private X Ccmmeroial
FKLsting
(F) Type of structures: Existing Dike with water control structures
Planned N/A
(G) Estimated annual rate of erosion Source
7. Habitat descziption:
(A) Vegetated wetlands:
AREA
Dredged Fit led other
(B) Non-vegetated wetlands:
Within existing dike_ appx. 96,000 s.f.
dike (2.2 acres)
(C) Other:
(D) Zbtal Area Disturbed: appx. 96,000 s.f.
8. Project Summary
the
uic Fri uuc?Gt uL utc ex1tiu-Lr q .Lmpoununenl on tnelr properly In Older to rerurblsn
existing dikes.

Oakley Plantation - James C. Fox
Page two.
9. PROJECT DESCRIPTION
The project site consists of a 500 acre tract of land located on
the eastern bank of the Northeast Cape Fear River above the City
of Wilmington. A portion of the property has been isolated from
the waters of the river by the creation of an impoundment
utilizing a series of dikes with water control structures. When
these dikes were built a canal approximately 30' wide was formed
adjacent to the impoundment side of the dikes. The isolation of
this area from the river has been accomplished through the use of
these water control structures. This has been a critical issue
since the measured increase in salinity valves has apparently
affected the habitat for fresh water herbaceous well as conifer
and hardwood species within the impoundment. The species found
within the structure have been exhibiting a die-off until
measures were taken to rehabilitate the water control structures.
The applicants indicate that at the present flow is from the
impoundment to the river and that no back-flow occurs. There are
areas of the existing dike that are in need of repair in order to
prevent their failure. The adjacent river •waters are classified
as SC, Sw and are a designated nursery area. Ness Creek is
classified as Sw and is considered inland waters.
The applicant proposes to excavate the existing canal area,
created when the dikes were first formed and to place the
excavated material on the top of the existing dike from where it
will be spread over the surface. A floating excavator apparatus
will probably be utilized to-carry out the work. Three areas of
canal will be excavated to a width of approximately 20' by a
depth of approximately 61. A -total of 4,800' will be dug. One
segment approximately 2,900' in length is located at the
northwest portion of the impoundment. Another segment
approximately 1,800' is located at the southwest and south
portion of the impoundment. A final segment approximately 200'
is located at the northeast portion of the dike. The material
resulting from the excavation will be placed along the outer edge
of the top of the dike. Approximately 11,000 cubic yards of
material will be removed. The material will be used to refurbish
the dikes.
a
Oakley Planttion - James C. Fox
Page three
10. ANTICIPATED IMPACTS
As initially proposed the applicant indicated that a fairly deep
(101) trench would have been created within the existing canal.
However at this Division's recommendation the project has been
modified to reduce the width to approximately 6' deep. This
should result in a significantly lessened chance of water quality
degradation within the canal. Although the impoundment is now
separated from the waters of the Northeast Cape Fear River and
Ness Creek by the dike structure the 11404" wetlands inside the
structure should not be considered isolated. The Corps has ruled
on several similar sites in the past that no fill material should
be placed or deposited in these wetlands. Care should be taken
during the excavation of the canals to ensure that no material
sloughs off into the canal or adjacent wetlands on the inner toe
of the dike.
Submitted by: C. Robert Stroud, Jr. Date: April 5, 1990 Office: Wilmington

Please type or print. Carefully describe all anticipate if you pl build a marina, also complete and
development activities, including construction, excava- MAR $llcll n DCM-NM-2.
tion, filling, paving, land clearing, and stormwater con- twit maintenance of an
trol. If the requested information is not relevant to ?QKE OF ?QA L lq? y
work, or th?
project, write N/A (not applicable). Items 1-4 and 8-%ILMINUON [P? 'cew of exisbeting project
must be completed for all projects. .... _:- ??
c. Will the project be for community, private, or
commercial use?
1 Applicant Private use
a. Name Oakley Plantation
Address P. 0. Box 2143
City Wilmington State NC
Zip 28402 Dayphone [phone]
x Landowner or
b. Project name (if any)
Authorized agent
c. If the applicant is not the landowner, also give the
owner's name and address.
. 2 Location of Proposed Project
a. Street address or secondary road number
Oaklev Road
d. Describe the planned use of the project.
Wildlife Preserve
4 Land and Water Characteristics
a. Size of entire tract 550 acres
b. Size of individual lot(s) n nn P
c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
a feet
d. Soil type(s) and texture(s) of tract
OrganiE--z e$ water- mar--scla
e. Vegetation on tract Cattail: car ress:
smartweed• black gum: alligator weed:
f
Man-made features now on tract Impoundment dikes
wood duck boxes
What is the CAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
b. City, town, community, or landmark g.
Wi lminatnn
c. County New Hanover
d. Is proposed work within city limits or planning
jurisdiction? Yes - NPTa Hanover County
e. Name of body of water nearest project
Ness Creek; Northeast Cape Fear
River
3 Description and Planned Use
of Proposed Project
a. Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
or pier). Refurbishing impoundment
dikes
x Conservation Transitional
Developed Community
Rural Other
h. How is the tract zoned by local government?.
R_?n
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? yes If so, by whom?
Cn-=sn-F Encineprs -

5 Upland Development N/A
Complete this section if the project includes any land'
development.
a. Type and number of buildings, facilities, or
structures proposed
b. Number of lots or parcels
c. Density (Give the number of residential units and the
units per acre.)
d. Size of area to be graded or disturbed
e. If the proposed project xill disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
water treatment facilities,
j. Have these facilities received state or local approval?
k. Describe existing treatment facilities.
1. Describe location and type of discharges to waters of
the state (for example, surface runoff, sanitary
wastewater, industrial/commercial effluent, "wash
do% a").
m. Water supply source
4 / 1
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
o. If the project is on the oceanfront, what will be the
elevation above mean sea, level of the first habitable
floor?
6 Excavation and Fill Information
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Access channel
(MLW) or (NWL)
B oat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW '
Upland fill
areas
LenEth Width Depth
4800`± 20' 6'
[4800'±1 20'
b. Amount of material to be excavated from below
water level in cubic yards 1 1, 0 0 0
c. Type of material or-P-ani c
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
canal bottom
e. High ground excavation, in cubic yards
none

f. Dimensions of spoil disposal area
4000' x 20'
g. Location of spoil disposal area 3 d j.cpn i- t -n
-
canal
h. Do you claim title to the disposal area? Yes
If not, attach a letter granting permission from the
owner.
1.
j. Does the disposal area include anv marshland,
swamps, or water areas?
No - existing dike top
k. Will the fill material be placed below mean high
water? No
1. Amount of fill in cubic yards Nlnn P
m. Type of fill material None
n. Source of fill material None
o. Will fill material be placed on marsh or other
wetlands? No
p. Dimensions of the wetland to be filled
q. How will excavated or full material be kept on site
and erosion controlled?
Placed
Will a disposal area be available for future
maintenance? yes
If so, where? same location
r. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? Smalley excavator
or small backhoe
s. Will wetlands be crossed in transporting equipment
to project site? No If yes, explain steps that will
be taken to lessen environmental impacts.
7 Shoreline Stabilization N/A
a. Length of bulkhead or riprap N/A
c. Shoreline erosion during preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
8 Additional Information
In addition to the completed application form, the follow-
ing items must be submitted:
A copy of the deed (with state application only) or other
instrument under which the applicara claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then fonvard a copy of the
deed or other instrument under whica the owner claims
title, plus written permission from tY:e owner to carry out
the project.
An accurate work plat (including plan view and cross
sectional drawings) drawn to scale in black ink on*an 8
1/2 x 11 white paper. (Refer to Coas..al Resources
Commission Rule 7J.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line
prints or other larger plats are acceptable only if 16 high
quality copies are provided by applicant- (Contact the
U.S. Army Corps of Engineers regarding that agency's
use of larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently detailed
to guide agency personnel unfamiliar with the area to the
site. Include county mad (SR) numbers, landmarks, and
the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management-
A list of the names and complete addresses of the ad-
jacent waterfront (riparian) landowners. These in-
dividuals have 30 days in which to submit comments on
the proposed project to the Division of Coastal Manage-
ment and should be advised by the applicant of that op-
portunity.
b. Average distance waterward of mean high water or
normal water levc1
Name Bruce B Cameron
Address Cameron Company
P.O. Box 3649
Wilmington, N.C. 28400
Name W S R Beam
Address 6 Salt M dnw 'Dr
Wilmington N.C. 28405
Name Ruth H. Simmons
Address C/O -L . M . Brown
. Box 2182
Washington, D.C. 20013
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
A check for $100 made payable to the Department of
Natural Resources and Community Development to
cover the costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas. N/A
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
hent documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
9 Certification and Permission
to Enter on Land
Any permit issued in response to this application will
allow only the development described in the application.
The project will be subject to conditions and restrictions
contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's ap-
proved Coastal Management Program and will be con-
ducted in a manner consistent with such program.
I further certify that I am authorized to grant, and do in
fact, grant permission to representatives of state and
federal review agencies to enter on the aforementioned
lands in connection with evaluating information related
to this permit application and follow-up monitoring of
project.
This is the day of MPRC ? , 199 q
OAKLEY PLANTATION
x By .??`(? _ J
Landowner or Authorized agent Jay G. Jordan
Manager
N/A
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