19920205 Ver 1_COMPLETE FILE_19920101

MAR27NQ
DEPARTMENT OF THE ARMY WETLANDS GROUP
Wilmington District, Corps of Engineers WATER QUALITY SECTION
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199201381 March 19, 1992
PUBLIC NOTICE
MILITARY OCEAN TERMINAL, SUNNY POINT, ENGINEER DIVISION, Southport, North
Carolina 28461, has applied for a Department of the Army (DA) permit TO
CONSTRUCT BOATRAMP FACILITIES ON WALDEN CREEK, FIVE MILES SOUTH OF OLD
BRUNSWICK TOWN PARK, Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed construction of a 12-foot-wide, 54-foot-long
boat launching ramp. Approximately 70 cubic yards of material is to be
excavated and removed to a high ground retention area. No vegetated wetlands
are to be excavated or filled. The purpose of the work is to provide a ramp
for launching small, privately owned fishing boats for recreation. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
I
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The requestld DA permit will be denied if any required State or local
authorization and/or certification is denied. No DA permit will be issued
until a State coordinated viewpoint is received and reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency,
with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). 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.
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.
The District Engineer, based on available information, is not aware that
the proposed activity will 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
04
-3-
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
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA 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 DA 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
April 10, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 6, 1992, Attention: Mr. John
Dorney. _
Written comments pertinent to-the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudy Schiener, Wilmington Field
Office, Regulatory Branch, until 4:15 p.m., April 20, 1992, or telephone (919)
251-4725.

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
CESAW-CO-N-92-N-10-65-0010 March 19, 1990
INFORMATION NOTICE
MAINTENANCE DREDGING IN MILITARY OCEAN TERMINAL
SUNNY POINT, NORTH CAROLINE
(Brunswick and New Hanover Cou i r
The Military Traffic Management Command, Military 0 c e PAP e?mi 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 Figure 1).
The dredging and transporting of dredged material for ocean disposal will
be performed under Department of the Army permit No. CESAW-CO89-N-010-0188
dated June 21, 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 required to maintain an orderly, efficient, and safe flow of
traffic from the ocean to the MOTSU port facilities. The work is performed
annually and will begin this year on or about mid April 1992. Approximately
700,000 cubic yards of fine grained silts and clays will be removed. The
dredging will require approximately 90 days to complete. Dredging will be
performed by a clamshell dredge. The dredged material will be transported for
disposal in the EPA designated Wilmington ocean dredged material disposal site
(ODMDS) (figure 2). The boundary coordinates for the Wilmington ODMDS are:
33°49'30"N 018°03'06"W; 33°48'18"N 078°01'39"W; 33°47'19"N 078°02'48"W;
and 33°48'30"N 078°04'16"W. The Wilmington ODMDS is located in ocean waters
(contiguous zone) beyond the three nautical mile limit of the territorial sea.
The average depth of the disposal area is 42 feet. The capacity of the
existing disposal area is large enough to accommodate the dredged material.
Dredged material from the 1992 MOTSU maintenance dredging will be placed in an
area which lies within the southern corner of the Wilmington ODMDS.
All necessary actions will be taken to
are appropriately placed within the ODMDS.
designation of the transportation route to
the specific area within the disposal site
requirement that the dredge have a navigat
the disposal locations.
ensure that the materials dredged
Those actions will include
the disposal site, designation of
to be used for disposal, and the
ion recorder on board to document
The proposed action was addressed in the environmental assessment (EA),
Ocean Dumping, Military Ocean Terminal, Sunny Point, Brunswick County, North
(,aroiina, uuiy ivdu. tl'A, upon review or bioassay ana Dioaccumuiation
testing, as we as other required information, determined on May 22, 1989,
that the MOTSU sediments are acceptable for ocean disposal in accordance with
EPA's Ocean Dumping Regulations and Criteria (40 CFR, Parts 220 to 229).
-2-
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.
The aforementioned 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.
Disposal of dredged material in the vicinity of the Wilmington ODMDS has
occurred for several decades from the maintenance of the lower portion of
Wilmington Harbor Federal Navigation Project (approximately 800,000 cubic
yards per year). Since its designation in 1987, the disposal of dredged
material has occurred at the ODMDS from the maintenance of MOTSU (approximately
1,000,000 cubic yards in 1987 and 600,000 cubic yards in 1988) and from
continued annual maintenance of the Wilmington Harbor navigation channel.
Future disposal at the ODMDS will continue indefinitely in quantities
comparable to those reported from 1987 to present. No significant mounding or
other adverse impacts have been observed in the ODMDS.
The dredging has been evaluated for adherence to the requirements of
Executive Order 11988, Flood Plain Management. The proposed maintenance
dredging will not induce development in the flood plain. The proposed
dredging will improve harbor navigability.
The proposed action has been evaluated under Executive Order 11990,
Protection of Wetlands. The work will not require dredging or filling of any
wetlands.
No impacts to known archaeological/historical resources or endangered or
threatened species will occur as a result of the proposed action.
As the proposed discharge of dredged material will take place outside of
the three 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.
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 Environment, Health and Natural Resources, 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.

-3-
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.
The decision to permit this work was based on an evaluation of the
probable impact including cumulative impacts of the proposed activity on the
public interest. That decision reflected the national concern for both
protection and utilization of important resources. The benefit which
reasonably may be expected to accrue from the proposal was balanced against
its reasonably foreseeable detriments. All factors relevant to the proposal
were considered, including the aesthetics, general environmental concerns,
wetlands, historic properties, fish and wildlife values, flood hazards, flood
plain values, land use, navigation, shoreline, erosion and accretion,
recreation, water supply and conservation, water quality, energy needs,
safety, food and fiber production, mineral needs, considerations of property
ownership, and in general, the needs and welfare of the people.
The proposed transportation of this dredged material for disposing of it
in ocean waters was evaluated and determined not to 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,
was applied. In addition, based upon an evaluation of the potential effect
which the failure to utilize this ocean disposal site would have on
navigation, economic, and industrial development, and foreign and domestic
commerce of the United States, an independent determination was made of the
need to dispose of the dredged material in ocean waters, other possible
methods of disposal, and other appropriate locations for the disposal.
For additional information concerning this project, please contact
Mr. James Wells of this office at telephone [phone].
ason C. Hauck
ajor, Corps of Engineers
eputy District Engineer
Enclosures

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James C. Martin, C,overnor
William W. Cobey, jr., Secretary
May 1.1, 1992
George T. Everett, Ph.D.
Director
Military Ocean Terminal, Sunny Point
Engineer Division
Southport, North Carolina 28461
Dear Sir:
Subject: Proposed Fill, in Waters
Boat Ramp
Brunswick County
DEM Project 92205, COE # 199201381
Upon review of your request for Water Quality Certification
to place fill material in waters for boat ramp construction
located at Military Ocean Terminal in Brunswick County, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2663 issued January 21, 1992. A copy
of the General Certification is attached.
If you have any questions, please contact John Dorney at
91.9/733-1786 or 919/733-1787.
Sincerely,
rge T. Everett
?iGTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office
Mr. John Dorney
Ventral Files
Division of Coastal Management, Stephen Benton
RI (,I( )N?A1 ()I I K 1,
n,hevillc favcttcvillc M(,( w.,villc R.dci)ih \Y?atihin),ton Wilmington Wmmton 5alcm
704/251-0).08 919/4801541 7041W,i 100) 919/S71 47(X) 919/0400 181 919/395 3(XX) ')19/890-7(X)7
Pollution Pr vention Pays
1'( ) Hoa ?9531 R If wh Nuith ( irohn,i ?7t0(.0SiS Icl(hh-w ')I') 7i i 1115
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DIVISION OF ENVIRONMENTAL
MEMORANDUM
Date: May 1, 1992
To: John Dorney
Planning Branch
From: James H. Gregson
Wilmington gio a office
Through: Dave Adkins
Wilmington Re o a Office
MAY 510
GRf!i?ii>
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
CESAW-92-0010 Military Traffic Management Command
Boat Ramp on Walden Creek
Brunswick County
PROJECT DESCRIPTION: The applicant proposes to construct a 12' X
54' Boat Ramp.
ADJACENT WATER BODY: Walden Creek
CLASSIFICATION: SC Sw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2663 for Boat Ramps in Non-wetland Sites.
3. 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:MOTSU.MAY
cc: Wilmington Regional Office Files
Central Files
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DEPARTMENT OF THE ARMY
?, _.. .
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199201381 March 19, 1992
PUBLIC NOTICE
MILITARY OCEAN TERMINAL, SUNNY POINT, ENGINEER DIVISION, Southport, North
Carolina 28461, has applied for a Department of the Army (DA) permit TO
CONSTRUCT BOATRAMP FACILITIES ON WALDEN CREEK, FIVE MILES SOUTH OF OLD
BRUNSWICK TOWN PARK, Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the proposed construction of a 12-foot-wide, 54-foot-long
boat launching ramp. Approximately 70 cubic yards of material is to be
excavated and removed to a high ground retention area. No vegetated wetlands
are to be excavated or filled. The purpose of the work is to provide a ramp
for launching small, privately owned fishing boats for recreation. Plans
showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).

-2-
The requested DA permit will be denied if any required State or local
authorization and/or certification is denied. No DA permit will be issued
until a State coordinated viewpoint is received and reviewed by this agency.
Recipients of this notice are encouraged to furnish comments on factors of
concern represented by the above agencies directly to the respective agency,
with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act
(33 U.S.C. 1344). 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.
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.
The District Engineer, based on available information, is not aware that
the proposed activity will 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

-3-
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
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment and/or an Environmental
Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.
Generally, the decision whether to issue this DA 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 DA 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
April 10, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 6, 1992, Attention: Mr. John
Dorney. -
Written comments pertinent to-the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudy Schiener, Wilmington Field
Office, Regulatory Branch, until 4:15 p.m., April 20, 1992, or telephone (919)
251-4725.
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
04/15/92
Mr. Preston Howard
NC DEH&NR
Div. Environmental Management
127 Cardinal Drive stj
Wilmington, NC 28405 ?'
l
Roger N. Schecter
Director
0 2 01M
REFERENCE: ACTID-92-1381
Applicant/Sponsor: Military Traffic Management Command
Construct Boatramp Facilities on Walden Creek, Sunny Point
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice, dated
03/19/92 describing a federal project or permit is being circulated
to interested State agencies for comments concerning the proposal's
consistency with the North Carolina Coastal Management Program.
Please indicate your viewpoint on7the proposal and return this
form to me before 04/27/92. Si rely,
Ste en B. Benton
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
Date
Agency
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
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199201381
May 7, 1992
Mr. Tony Gaw, Forester
Engineering Division
military ocean Terminal, Sunny Point
Southport, North Carolina 28461
Dear Mr. Gaw:
S: June 7, 1992

?"-WEZL ?pLIjV'SECIII??;
pTER
Reference your application for Department of the Army (DA) authorization
to constructIONVINawp 1%cilities on Walden Creek, five miles south of old
Brunswick Town Park, brick-Acounty, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
f
-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by June 7, 1992. Also, a copy of
this information must be sent to the North Carolina Division of Environmental
Management to enable them to adequately evaluate your application for a water
Quality Certification pursuant to Section 401 of the Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Rudy
Schiener, Wilmington Field Office, Regulatory Branch, telephone (919)
251-4629.
Sincerely,
0. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Divisic of Environmental Management
Nor Carolina Department of
nvironment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
1
,A STATt
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W Cobey, Jr., Secretary Director
04/15/92
Mr. Jim Gregson
NC DEH&NR
Div. Environmental Management
127 Cardinal Drive
Wilmington, NC 28405
REFERENCE: CESAW-92-0010
Applicant/Sponsor: Military Traffic Management Command
Information Notice - Maintenance Dredging MOTSU Sunny Point
Dear Mr. Gregson:
The attached U.S. Army Corps of Engineers Public Notice, dated
03/19/92 concerning a federal project or permit is being circulated
to interested State agencies for comments.
This project has previously been reviewed and found consistent
with the North Carolina Coastal Management Program. However, please
feel free to comment directly to the Corps (with a copy to me)
or through me before 04/20/92. Si rely,
T?
Ste en B. Benton
Consistency Coordinator
REPLY b? \ This office objects to the project as proposed.
Comments on this project are attached.
This office support` he project proposal.
No Comment.
Signed
Date
Agency '
P.O. Box 27687, Raleigh, North Camlina 27611-7087 telephone [phone]
An Equal Oprx)rtunity Alfirmativc Amon Fmplover
(i)ATTENTION REP(_Y IU
OF
MTEA-SU-FE
DEPARTMENT OF THE ARMY
MILITARY TRAFFIC MANAGEMENT COM
HQ, MILITARY OCEAN TERMINAL, SUNNY
SOUTHPORT, NORTH CAROLINA 28461
W1 9?
MEMORANDUM FOR Commander, Wilmington District Corps of Engineers, ATTN:
Regulatory Branch (Mr. Rudy Schiener) P.O. Box 1890,
Wilmington, NC 28402
1. Reference our application for boat ramp construction on Walden Creek, 5
miles south of Old Brunswick Town Park, Brunswick Co., NC Action ID
199201381. The following additional information is provided:
1992
a. In order to minimize the damage to water and wetland areas, the boat
ramp will be constructed on the road fill of the Old Wilmington to Southport
highway. This fill was probably placed here in the late 20's or early 30's.
The only part of the construction work to touch water will be the drop off
point where the boats will enter the water. This site was selected over one
other proposed site because of the wetlands affected. Mr. Ernie Jahnke,
Regulatory Branch Wilmington Corps of Engineers, and yourself agreed with me
during the inspection of the site that this area would cause very little damage
to water or wetland areas. This same statement was made by Mr. Ed Brooks,
North Carolina Division of Coastal Management, and Mr. Keith Ashley, North
Carolina Wildlife Resources Commission, on their inspections.
b. In order to minimize wetland losses, this area is being constructed on
existing road fill material and will enter an existing stream channel. A
minimum slope has been given the ramp to slow surface water runoff during rainy
weather. This should prevent any unnecessary channel bank cutting in the
future. During construction filter cloth will be placed on the side of the
cut. Immediately upon finishing the concrete work, any exposed soil will be
sown in grass and mulched with hay. A permanent stand of grass will be
established and maintained around the ramp.
c. There is one spot of wetland reeds that will be moved and relocated
across the roadway. This will result in a no loss situation of wetlands. This
plan was approved by Mr. Ed Brooks, Coastal Management representative.
2. The point of contact for this action is Tony Gaw, [phone].
Bas ansour"
Acting Chief, Facilities
Engineer Division
CF: Mr. John Dorney
*** TERMINAL OF EXCELLENCE ***
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 7, 1992
Regulatory Branch
Action ID. 199201381
Mr. John Dorney
Water Quality Sectio
Division of Environmental Management
North Carolina Department of Environment;-
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
S: July 7, 1992
Enclosed is the application of Military Ocean Terminal, Sunny Point,
Engineering Division, for Department of the Army authorization and a State
Water Quality Certification to construct boatramp facilities on Walden Creek,
five miles south of old Brunswick Town Park, Brunswick 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 authorizing 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 a reasonable time for State action.
Therefore, if you have not acted on the request by July 7, 1992, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Rudy Schiener, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wri
hRegulatory Branch
Enclosure

-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
PleaGe type or print. Carefully d. Abe all an- d. Describe ti. : fanned use of the project.
tieipated deyeiopment activities, including construc- Ramp to be used for 1 n i in r h in 9r$m

excavation, filling, paving, land clearing, and
tion priva
,
stotmwacer control. If the requested information is recreational DLrnnsP4
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8.9 must be completed for ..D AND
WATER
all projects. --- CHARACTERISTICS . '.".-LA "`?:''•=
'
Yt: rr?
.ii
1 -:APPLICANT'-
a. a. Size of entire tract 10' Y43'
b. Size of individual lot(s) N/A
a. Name Military Ocean Terminal, Sunny Po int c• Elevation of tract above mean sea level or Na-
P r
Fn gin
Address Att., • Fa r i l i tional Geodetic Vertical Datum 6 T
.
to
28461
p
City Sou_ t_ hort State N_C. d. Soil type 3) and texture(s) of tract Bohicket
Tay phone [phone]
Zip 461 Silty Clay Loam (County Road F i l l )
.__
Landowner or X_ Authorized agent e• Vegetation on tract Green briar. Rrnnm
b. Project name (if any) Point of Cnnrart sedge, Loblolly Pine, needle-nigh _
Tony Gaw, Forester ? Man-made features now on tract Blackton
c. If the applicant is nor the landowner, A1?yG roadway and existing road fill-
the owner's name and address. What is the CAIv(A Land Use Plan Classifica-
tion of the site? (Consult the local land use
l
c A
env an.) .
p
qo
Conservation Transitional
Developed Community
Z LOCATION OF PROPOSED Rural IndustrialAcre sOther
PROJECT y local government?
h. How is the tract zoned b
A
i. How are adjacent waters classified? ??,Jgnhl 4
a. Street address or secondary road number J. Has a professional archaeological survey been
Old Wilmington to Southport Road carried out for the tract? No
b. City, town, community, or landmark If so, by whom?
5 miles south Old Brunswick Town Park/Walden Creek
c• County Brunswick
l
i
i
k
i
hi
i
li
d
I ^?M
5 UPLAND DEVELOPMENT _;r, s-.:.
ann
ng
w
m
ts or p
wor
t
n c
ty
s propose
d.
jurisdiction? No
e. Name of body of water nearest project Complete this section if the project includes any
Walden Creek upland development.
a. Type and number of buildings, facilities, or
3 DESCRIPTION AND PLANNED, structures proposed N/A
.-: _ USE OF PROPOSED PROJECT
b. Number of lots or parcels
a. Describe all development activities you propose c. Density (Give the number of residential units
(for example, building a home, motel, marina, and the units per acre.)
bulkhead, or pier).
Boat Ram d. Size of area to be graded or disturbed
e. If the proposed project will disturb more than
one acre of land, the Division of Land
If you plan to build a marina, also complete Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2. cation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a
isting project, new work, or both? sedimentation and erosion control plan been
New Work submitted to the Division of Land Resources?
c. Will the project be for community, private, or
commercial use? f. Give the percentage of the tract within 75 feet
Community ( for PIDpl nWPPC of MOTSIT) of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.

g. l
List the materials. such as ms paver stone,
b. Amount of eriai co be excavated from
vei in cubic yards 0' ME'[J
b
l
asphalt, or concrete, to be urea for paved ow water e
e
Type of materiai
c
surfaces, .
d. Does the area to be excavated include marsh-
h. If applicable, has a stormwater management land, swamps, or other wetiands. Marshlan
bic
i
s 7
plan been submitted to the Division of En- n cu
e. High ground excavation,
00rd
0
vironmental Management? f. Dimensions of spoil disposal area
i Describe proposed sewage disposal and/or waste g. Location of spoii disposal area On Sunny o i n t
. water treatment facilities. Road at old dumpsite, 3 miles/>;rnnn$ d h. Do you claim title to the disposal area? Y.e damp
j. Have these facilities received state or local If not, attach a letter granting permission from

k. approval?
Describe existing treatment facilities. the owner.
i. Will a disposal area be available for future
maintenance? / No
If so, where?
j. Does the disposal area include any marshland.
1 Describe location and type of discharge to swampland.'or water areas? No
. waters of the state (for example;, surface runoff. k. Will the fill material be placed below mean
sanitary wastewater, indusmal/commercial high water? No N/A
effluent, or "wash down"). I. Amount of fill in cubic yards
N/A
m. Type of fill material
n. Source of fill material N/A
M Water supply source o. Will fill material be placed on marsh or ocher
.
n. If the project is oceanfront development, wetlands? N/A
describe the steps that will be taken to main.
=._
p. Dimensions of the wetiand to be filled
tain established public beach accessways or pro, q. How will excavated or fill material be kept on
vide new access. site and erosion controlled? W3 h G i 1 f an r e
erected around site. Grass to he sja=
on exposed soil upon comnlerion of aQb.
o. If the project is on the oceanfront, what will r. What type of construction equipment will be
be the elevation above mean sea level of the used (for example, dragiine, backhoe, or
first habitable floor? hydraulic dredge)? Rn khnP . crawler excavater
6 EXCAVATION AND FILL s. Will wetlands be crossed in transporting equip-
INFORMATION meat to the project site? No if yes, explain
the steps that will be taken to lessen en-
a. Describe below the purpose of proposed excava- vironmentai impacts.
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth - -
Access channel
(MLW) or (NWL) 7 SHORELINE STABILIZATION
Boat basin a. Length of bulkhead or riprap N/A
b. Average distance wacerward of mean high water
Other (break-
54' 12' 6' or normal water level
water, pier. c. Shoreline erosion during preceding 12 months,
boat ramp, in fees
rock lent) d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
Fill placed in below mean high water
wetland or below f. Type of fill material
MHW
Upland fill
areas 2

? ,ADDITIONAI:_INEORMATION
In'addicion to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Vz x 11 white paper. (Refer to Coastal
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 the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing 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 per-
sonnel unfamiliar with the area to the site. Include
county road (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
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name CP&L
Address P.O. Box 1551
Raleigh. N.C. 27602
Name Tames Edgar Tones
Address Box 10314
Southport, N.C. 28461
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permitoone, and issuing dates.
e
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PEFt11rIIS
SION TO ENTER ON LAND";- ti
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
1 certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted 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 ap-
plication and follow-up monitoring of project.
This is the day of ,
19
X
Landowner or Authorized agent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
,At
Form DOA-MP-2
MARINA
DEVELOPMENT
Attach this form to -theApplication for Permits to
Develop in North Carolina's Coastal Area. Be sure
to complete all other sections of that application
which relate to this proposed project, including
upland areas, even if duplicative. All shore-based
facilities must be included in application and work
plats.
1. MARINA CHARACTERISTICS
a. Check below the type of marina proposed.
Commercial Public
Residential
b. Will the marina be open to the general public?
C. If there, is residential development associated
with the marina, how many units or lots are
planned?
d. Check all of the types of service to be
provided.
Full service, including travel
lift and/or rail
Dockage, fuel, and marine supplies
Dockage ("wet slips") only
Number of slips
Dry storage
Number of boats
Boat ramp(s)
Other (describe)
e. Check below the proposed type of siting.
Land cut and access channel
Open water with dredging for basin
and/or channel
Open water, no dredging required
Other (describe)
f. Describe the typical boats to be served (for ex-
ample, open runabout, charter boats, sail boats,
or mixed types).
g. Typical boat length
h. Maximum boat length
i. Are any floating buildings planned?
If so, describe.
bsARINA OPERATIONS
a. Check each of the following sanitary facilities
which will be included in the proposed project.
Office toilets
Toilers for patrons
Number
Location
Showers
T- Boat holding tank pumpout
Type and location
b. Describe treatment type and locanon for all
sanitary wastewater.
c. Describe solid waste, fish offal, and crash
disposal.
d. How will overboard discharge of sewage from
boats be controlled?
e. Give the location and number of "No Sewage
Discharge" signs proposed.
f. Describe the special design, if applicable, for
containing industrial type pollutants, such as
paint, sandblasting waste, and petroleum pro-
ducts.
g. Where will residue be disposed ofl
h. Give the number of channel markers and "No
Wake" signs proposed.
Note: Regulatory signs such as these require ad-
ditional approval by the N.C. Wildlife
Resources Commission.
4

1
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FRINK, FOY, GAINEY & YOUN 6A
ATTORNEYS AT LAW
HENRY G. FOY 319 N. HOWE STREET
A. H. GAINEY, JR. POST OFFICE BOX 10485 OFFICES.
SOUTHPORT, N.C. 28461 SOUTHPORT, N.C.
STEPHEN B. YOUNT 457-5284

E 754-8529

BUNN FRINK W---??""??^
GROUP
y?x SHALLOTTE, N.C.
754-6934
S. U
1nA1C
AAIUIYV SECT1,?-'?
(1899-1989)
March 26, 1992
l
N. C. Division of Environmental Management -'
P.O. Box 27687
Raleigh, North Carolina 27611-6787
Attn: Mr. John Dorney
Re: Department of the Army
Action ID. 199201381
Dear Mr. Dorney:
Pursuant to a public notice about the above referenced I
comment as follows:
1. The public notice is incomplete. The diagram attached to
the public notice does not contain a site map. The description is
inadequate to locate the site. No part of Walden Creek lies 5
miles south of Old Brunswick Town Park. I contend that the lack of
a site map and an inadequate description from which the site may be
located were done purposely to mislead the public as to the
location of the proposed work.
2. Based on a study of orthophoto maps of the area and my
knowledge of the area I am of the opinion that the proposed site
will destroy marshlands and/or wetlands, adversely impact
conservation, fish and wildlife values, water quality,
considerations of property ownership, and, in general, the needs
and welfare of the people.
I request a public hearing in this matter in order to
determine the location of the proposed site. I further request
that a public hearing be held to receive comment on how this can
promote the needs and welfare of the people when use of the ramp
will be restricted to a private hunting and fishing club and not
open to the general public at large, at the expense of fish and
wildlife values, water quality, considerations of property
ownership, and, in general, the needs and welfare of the people.
I further request that public comment be received on how the
construction of this ramp, using government funds for the purpose
of promoting private interest at the expense of the needs and
welfare of the general public, can be utilized in compliance with
the restrictions limiting the number of citizens assembling. The
•r
i
restrictions contained in the easements for Sunny Point limits the
rights of citizens to freely assemble on private property within
the easement. Will this apply to the boat ramp facilities as it
does to private property without the bounds of Sunny Point but
within the easement? If so, how can it be enforced, or do the
private interest the boat ramp is to serve have a superior right to
use government property that private citizens don't enjoy with
their own property?
By copy of this letter I am making these written comments to
the Wilmington Field Office, Regulatory Branch, Department of the
Army, Wilmington District, Corps of Engineers.
Yours truly,
RINK, FOY, GAINEY & YOUNT, P.A.
Henry Ga Foy
HGF/sb
Cc: Reg
Mr.
Dr.
Mr.
Mr.
Mr.
ulatory Branch,
Bob McHenry
W. P. Rabon
George Booth
Jimmy Evans
Ernie Darby
Department of the Army
O

? au.? fin.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street * Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary June 2, 1992
Colonel Walter Tulloch
District Engineer
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402-1890
Roger N. Schecter
Director

REFERENCE: Action ID 199201381
Construction of Boat Ramp at Walden Creek
Dear Colonel Tulloch:
The State of North Carolina has completed its review for
consistency with the North Carolina Coastal Management Program
pursuant to 15 CFR 930 of Corps Public Notice number Action ID-
199201381 regarding an application by the Military Ocean Terminal
at Sunny Point to construct boat ramp facilities for recreational
use at Walden Creek, five miles south of Old Brunswick Town Park in
Brunswick County, NC.
We have determined that the proposed activity is consistent
with the enforcable and mandatory standards of the North Carolina
Coastal Management Program and agree with thei applicant's
consistency certification.
Based upon comments from the North Carolina Wildlife Resources
Commission, the applicant has agreed to the following conditions.
(1) The boat ramp will not be placed so as to impede or
block navigation for recreational boaters on Walden Creek.
(2) No heavy equipment is to be allowed to operate
within any wetlands associated with Walden Creek nor should any
fill material be placed in wetlands associated with Walden Creek.
(3) Silt fences will be erected prior to construction to
prevent sediment reentry into adjacent waters and to prevent any
adverse impacts to the water quality and fisheries resources of
Walden Creek and the adjacent wetlands.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Colonel Walter Tulloch
June 2, 1992
Page 2
(4) All construction activity will be conducted between
September 1 and January 1 to minimize impacts to Federally listed
threatened and endangered species and commercially important
juvenile marine organisms.
Regarding Planning and Access, it is the policy of the State
of North Carolina to encourage and promote public access to the
State's public waters. The Division of Coastal Management noted
that the proposed Federal project would be intended for the
applicant's private use, and contacted the applicant regarding
opportunity for public use of the facility. For security reasons,
no public access is planned at the site.
Should either you or the applicant have any questions
regarding our finding, please contact Caroline Bellis , Division of
Coastal Management in Raleigh, [phone].
Sincerely,
/'40, Roger N.
???
Schecter
cc: Jim Herstine, Division of Coastal Management, Wilmington Office
Dennis Stewart, North Carolina Wildlife Resources Commission
RF