19920701 Ver 1_COMPLETE FILE_19920101

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North Carolina Department of Environment
Health and Natural Resources
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGIN
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199300584
April 23, 1993
Mr. William R. Jirinec
Deerfield Creek Association
Mill Creek (Deerfield)
440 Creekview Drive
Hampstead, North Carolina 28443
Dear Mr. Jirinec:
By copy of North Carolina Department of Environment, Health and Natural
Resources letter to you of March 10, 1993, we have learned that State
authorization for you to excavate an access channel in Mill Creek off Topsail
Sound, Deerfield, Hampstead, Pender County, North Carolina, has been denied.
Under the administrative rules of our regulatory program, denial of required
State authorization precludes favorable consideration of a Federal permit.
Accordingly, your Department of the Army application is hereby denied, and
your file has been retired.
Additionally, Federal review agencies have commented unfavorably regarding
your proposal. These agencies' comments were furnished as enclosures to our
letter to you of January 12, 1993. While appealing the State permit is the
next step in pursuing State authorization, you should be aware that the
Federal agencies' comments will be unchanged by the outcome of that appeal.
Because of the Federal agencies' influence on Department of the Army permit
decisions, it is unlikely a Department of the Army permit would be available
unless your project can be modified to lessen its impacts.
Mr. Scott McLendon of my staff is available to answer any questions you
may have or to assist you in developing a revised plan. He may be reached at
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Cl-@y ?itn9i'C$ liT' iyu3? AMY L ?yv -'?yX* ^'ti. - f*'\
rail
-2-
Copies Furnished:
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Hr. Thom o Walborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
-kir. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
SrA7F v
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
Certified Mail
Return Receipt Requested
Mr. William R. Jirinec
Deerfield Creek Association
440 Creekview Drive
Hampstead, North Carolina 28443
Subject: Application for Water Quality Certification
Proposed dredging of Mill Creek and return water from
Upland diked disposal
Pender County
DEM# 92701, COE# 199300584
Dear Mr. Jirinec:
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received by the
Division on 2nd December 1992. The activity for which the
Certification is sought is to dredge Mill Creek and discharge
return water from an upland diked disposal site. The purpose of
the proposed project is.to deepen Mill Creek. A Water Quality
Certification is a determination by this Division that the
activity for which the Federal Permit or license is sought is-not
expected to result in a violation of State Water Quality
Standards for waters of the State.
Our staff has reviewed your application and has identified
specific concerns for impact of this project on Water Quality
Standards. Dredging of this creek will remove its full
functioning as a nursery area, for fish and shellfish propagation
and maintenance and accelerate streambank erosion. Because of
these concerns for potential violation of the Standards, I have
determined that your application shall be denied.
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax t 919.733-0513
An Equal Opportunity Affirmative Action Employer
..-t-40

Mr. William R. Jirinec
Page Two
We are also concerned with water quality impairments in Mill
Creek but do not believe that "flushing" these pollutants out
into deeper water will resolve the problem. Indeed, this action
may impair water quality downstream. We suggest that you contact
the Wilmington Regional Office of DEM (Mr. Dave Adkins, 919-395-
3900) to develop a plan to document and reduce any pollutants at
their source.
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30)
days following receipt of this denial. This request must be in
the form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the office of
Administrative Hearings, P.O. Drawer 27477 Raleigh, North
Carolina 27611-7447. Unless such demands are made, this denial
shall be final and binding.
If you have any questions concerning this denial, please
contact Mr. John Dorney in the Water Quality Planning Branch of
this Division at [phone].
Sincerely,
A. Preston Howard, Jr., P.E.
Director
Division of Environmental Management
APH,jr:JD
cc: Wilmington Regional Office
U.S. Army Corps of Engineers - Wilmington District
John Parker
John Dorney
Central Files
DEPARTMENT-OF-THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 12, 1993
Regulatory Branch
Action ID. 199300584
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
Dear Mr. Parker:
ug 'i
JAN 2. 21993
Reference the application of Deerfield Creek Association, represented by
Mr. William R. Jirinec, for a Department of the Army permit to excavate an
access channel in Mill Creek off Topsail Sound, Deerfield, Hampstead, Pender
County, North Carolina.
The Federal agencies have completed review of the proposal as presented
by the application and your field investigation report. By letters of
December 21, 1992 (copies enclosed), the National Marine Fisheries Service
(NMFS) and the U.S. Environmental Protection Agency (EPA) recommend that
authorization be withheld. This recommendation is made because of anticipated
adverse impacts to water quality, shellfish and other commercially valuable
fisheries. We concur with these Federal review agencies; the application
should be denied.
Questions or comments may be addressed to Mr. Scott McLendon, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
r
-2-
Copies Furnished (without enclosures):
Mr. John Dorney
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
MEMO
T0:
V
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DATE:
SUBJECT:
co??,?.e.as ?
-1-2ol t
From:

North Carolina Department of
Health, and Natural Resources
Environment,
@9 Printed on Recycled Paper
VI
C?
North Carolina Dept. of Environment,
Health, and Natural Resources
Division of Environmental Management
Attn: Mr. John R. Dorney
P.O. Box 29535
Raleigh, N.C. 27626-0535
Project # 92701
Dear Mr. Dorney:
Deerfield Creek Assoc.
'/. Wm. R. Jirinec
+40 Creekview Drive
Ham.
Feb T9
3*
G,i
In response to your letter of January 22, 1993, we are
sending you a copy of the attached letter to Mr. W. Wright of
the Army Corps of Engineers, Chief, Regulatory Branch. We
hope this may clear up some of your questions as to why we
are requesting a permit for the dredging of Deerfield
Subdivisions branch of Mill Creek .
If you are in need of any additional information please
contact us at 270-4019. Thank you for your consideration in
this matter.
S?i?nncerreely,
Wm. R. Jirinec

( Deerfield Creet< Assoc.
/ %Wm. R. Jirinec
440 Creekview Drive
Hampstead; NC 28443
DEPARTMENT OF THE ARMY
.WILMINGTON DISTRICT, CORPS OF ENGINEERS
ATTN; MR. WAYNE WRIGHT, CHIEF, REGULATORY BRANCH
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ACTION ID. 199300584
DEAR MR. WRIGHT:
This is in response to your letter of January 12, 199A and
the accompanying letters from the National Marine Fisheries
Service (NMFS) and the U.S. Environmental Protection Agency
(EPA) recommending denial of our application for dredging in
Mill Creek off Topsail Sound, Deerfield, Hampstead, Pender
County, N.C.
After careful review and consideration of the denial
recommendations we wish to make the following comments:
There are two objectives we wish to accomplish by this
work.
The highest priority is our concern for water quality.
Mill Creek waters are classified as "SA" but as of 5/23/89
have been closed to the taking of shellfish due to pollution.
Pender Watch and Conservancy has tested the fecal coliform
bacteria levels within the proposed dredge area and in the
adjacent branch of Mill Creek on October 29, 1992. Their
findings were very disturbing and confirmed our greatest
concern:
The first sample was taken from the main branch of
Mill Creek adjacent to Washington Acres - 13mpn/1.00ml
Second sample was taken from the 1st Homeowner of
Creek Association (Steves) - 350mpn/100ml
Third sample came from the back end of the creek
(area not to be dredged) - 350mpri/100ml
Fourth sample come from approximately one mile
upstream - 920mpn/100ml
(Please see attached report from Industrial Maintenance Corp)
This last sample is close to the area where the new Hampstead
Station shopping center and all stormwater runoff and
drainage from the Hampstead business:, area drain into Mill
Creek. There are no homes along this uppermost portion of

the creek. At Hampstead Station, Food Lion opened in the
fall of 1991 followed by a Beauty Salon in the fall of 1992
quickly followed by Dominos Pizza and most recently a Subway
hero shop opened with a Pub soon to follow. In view of this
report it is obviously a major contributing factor to these
extremely high levels of fecal coliform bacteria, and other
pollutants.
Our concern is to increase the flow of water to assist it
flushing out of these pollutants. At a January 25, 1993
forum on Protection of Water Resources sponsored by the
Greater Hampstead Civic Association this situation was
discussed and as stated by Mr. George Gilbert of the
Department of Enviornmental Health & Natural Resources Shell
Fisheries Division, Moorhead City, NC, "A BETTER FLUSH THE
BETTER THE WATER QUALITY". This can clearly be seen by
looking at the area of highest concentrations of fecal
coliform in Pender Watch's sampling. The Deeper Water has a
drastically Lower count.
As the marshland's grasses support the feeding and
nesting of quality waterfowl and wildlife we are in no way
proposing the removal or disturbance of any such area.
Rather we are concerned with the pollutants settling in
grasses as the marsh grass act as a filtering system for our
waterway. Any damage to these marsh areas will invariably
destroy the food chain and nutrients and decayed plant
material necessary to the overall aquatic productivity. As
shown by our plat drawings in our permit application, we are
staying clear of marshgrass areas and are stopping at a point
along the natural channel where the grasses narrow. We are
seeking to help remedy the problem of pollution build up in
this primary nursery area.
Our secondary concern is to maintain a traditional and
established use of Mill Creek. As noted in both the EPA and
NMFS letters, there is no permit on file for excavation of
this branch of Mill Creek. Our proposal is to maintain and
restore the natural channel. Originally this branch of Mill.
Creek was dammed and used in a mill operation, hence the name
Mill Creek. Durinq construction of several piers recently
it was discovered the natural bottom is approximately 3 1/2
to 4 feet down. This was evident by the discovery of several
logs left by the mill and the remains of oyster rock: at that
level now silted over. We do not seek to restore this branch
to its original. depth and width, but to a level which is
equivalent to the connecting waterway and to permit a good
clean flow at the width that currently exists without the
taking of or disturbing of any marsh grasses.
This area has been traditionally used by motorized
boats. There are currently e piers constructed of the 19
lots -that have been developed to provide access to the
6 - 0...
existing creek. Of the remaining 6 lots to be developed only
3 would have access to the creek via a constructed pier- if so
desired. Not all of the boats are motorized, some use
nonmotorized boats for purpose of recreation and the type of
boat we are talking about are jon boats or run abouts.
Currently gill petters occasionally set their nets in this
branch of Mill Creek at high tides. As these activities will
continue we are suggesting that the recurrent turbidity in a
shallow channel is much greater than in a deeper channel- We
feel a deeper channel is the way to start improving this
branch of Mill Creek's water quality.
As the main stem of Mill Creek abuts the property owners
of Washington Acres who have previously had this area
dredged, many have voiced their concern over the increased
pollution and future of Mill Creek waters. Permanent
residents have seen a decrease in fi=h, shellfish, bird and
wildlife within the.past several years, we would like to
reverse this trend and will foot the bill for it now, before
the water is so polluted it is lost to traditional uses.
In conclusion we would like to work with the agencies so
we can coexist with the primary nursery. We are not looking
to disturb or degrade this primary nursery area and feel the
proposed project is consistent with the spirit, intent and
purpose of the regulations. We look to the existing agencies
for assistance to save this waterway by allowing this project
to take place.
Sincerely,
Wm. R. Jirinec
Deerfield Creek
Association

Copies Furnished to:
Mr. John R. Parker, Jr., Major Permits Coordinator
North Carolina Department of
Environment, Health, and
Natural Resources
P.O. Box 27687
Raleigh, NC 27604
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, NC 27636-3726
U. S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carloina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Mr. John R. Dorney
Department of Environment, Health
And Natural Resources
Div. of Environmental Mngmt., Water Quality Section
P.O. Box 27687
Raleigh, NC 27611-7687
Industrial Maintenance Corporation
MAIN OFFICE CHARLOTTE, NC [phone]
LAB DIVISION P. 0. BOX 1037 . WRIGHTSVILLE BEACH, NC 28480 .
[phone]
Received From : PENDER WATCH CONSERVANCY 2502 Country Club Dr.
Sample Location & Description: Hampstead, NC 28443
Environmental Water Samples for Fecal Coliform
Collected By:
Date Sampled:
Analysis Time:
Howard Sterne, Jr. Report To: _
10/29/92 P. 0. #: verbal
10:45 10/29/92
Report #: 4575
Date: 10/30/92
Fecal Coliform by Standard Methods, 17th ED., Method #9221C
A-1 Media. 5 Tube, 3 Dilutions, 10ml, lml, 0.1ml. Incubation
Parameters, 35.0°C ± .5 for 3 hours, transfer to waterbath @
44.5 ± .2°C for total incubation = 24 hours.
FECAL COLIFORM STUDY
Sample ID
Collection Date/Time . MPN/100ml
Scarborough Dock 10/29/92 @ 6:30 a.m.
'Ve ves 's
Dock 6:35 a.m.
Mill Creek Pipe Cellececaezze)
Mill Creek, 1 mile upstream
6:40 a.m.
7:15 a.m.
Howard Sterne, Jr.
13
350
350
920
North Carolina Dept. of Environment,
Health, and Natural Resources
Division of Environmental Management
Attn: Mr. John R. Dorney
P.O. Box 29535
Raleigh, N.C. 27626-0535
Project # 92701
Dear Mr. Dorne.y:
Deerfield Creek Assoc.
% Wm. R. Jirinec
440 Creekview Drive
Ham n tS ? ? ;i
Feb H , 93€
,F1=B I '21993
r,
In response to your letter of January 22, 1993, we are
sending you a..copy of the attached letter to Mr. W. Wright of
the Army Corps of Engineers, Chief, Regulatory Branch. We
hope this may clear up some of your questions as to why we
are requesting a permit for the dredging of Deerfield
Subdivisions branch of Mill Creek .
If you are in need of any additional information please
contact us at 270-4019. Thank you for your consideration in
this matter.
Sincerely, _
Wm. R. Jirinec

Deerfield Creek Assoc.
%Wm. R. Jirinec
440 Creekview Drive
Hampstead, NC 28443
DEPARTMENT OF THE ARMY
.WILMINGTON DISTRICT, CORPS OF ENGINEERS
ATTN; MR. WAYNE WRIGHT, CHIEF, REGULATORY BRANCH
P.Q. BOX 1890
WILMINGTON, NC 28402-1890
ACTION ID. 199300584
DEAR MR. WRIGHT:
This is in response to your letter of January 12, 1993 and
the accompanying letters from the National Marine Fisheries
Service (NMFS) and the U.S. Environmental Protection Agency
(EPA) recommending denial of our application for dredging in
Mill Creek off Topsail Sound, Deerfield, Hampstead, Pender
County, N.C.
After careful review and consideration of the denial
recommendations we wish to make the following comments:
There are two objectives we wish to accomplish by this
work.
The highest priority is our concern for water quality.
Mill Creek waters are classified as "SA" but as of 5/23/B9
have been closed to the taking of shellfish due to pollution.
Pender Watch and Conservancy has tested the fecal coliform
bacteria levels within the proposed dredge area and in the
adjacent branch of Mill Creek on October 29, 1992. Their
findings were very disturbing and confirmed our greatest
concern:
The first sample was taken from the main branch of
Mill Creek adjacent to Washington Acres - 13mpn/100ml
Second sample was taken from the 1st Homeowner of
Creek Association (Stever) - 350mpn/100ml
Third sample came from the back end of the creek
(area not to be dredged) - 350mpn/100ml
Fourth sample comes from approximately one mile
upstream - 920mpn/100ml
(Please see attached report from Industrial Maintenance Corp)
This last sample is close to the area where the new Hampstead
Station shopping center and all stormwater runoff and
drainage from the Hampstead business area drain into Mill
Creek. There are no homes along this uppermost portion of

the creek. At Hampstead Station, Food Lion opened in the
fall of 1991 followed by a Beauty Salon in the fall of 1992
quickly followed by Dominos Pizza and most recently a Subway
hero shop opened with a Pub soon to follow. In view of this
report it is obviously a major contributing factor to these
extremely high levels of fecal coliform bacteria, and other
pollutants.
Our concern is to increase the flow of water to assist in
flushing out of these pollutants. At a January 25, 1993
forum on Protection of Water Resources sponsored by the
Greater Hampstead Civic Association this situation was
discussed and as stated by Mr. George Gilbert of the
Department of Enviornmental Health & Natural Resources Shell
Fisheries Division, Moorhead City, NC, "A BETTER FLUSH THE
BETTER THE WATER QUALITY". This can clearly be seen by
looking at the area of highest concentrations of fecal
coliform in Pender Watch's sampling. The Deeper Water has a
drastically Lower count.
As the marshland's grasses support the feeding and
nesting of quality waterfowl and wildlife we are in no way
proposing the removal or disturbance of any such area.
Rather we are concerned with the pollutants settling in
grasses as the marsh grass act as a filtering system for our
waterway. Any damage to these marsh areas will invariably
destroy the food chain and nutrients and decayed plant
material necessary to the overall aquatic productivity. As
shown by our plat drawings in our permit application, we are
staying clear of marshgrass areas and are stopping at a point
along the natural channel where the grasses narrow. We are
seeking to help remedy the problem of pollution build up in
this primary nursery area.
Our secondary concern is to maintain a traditional and
established use of Mill Creek. As noted in both the EPA and
NMFS letters, there is no permit on file for excavation of
this branch of Mill Creek. Our proposal is to maintain and
restore the natural channel. Originally this branch of Mill
Creek was dammed and used in a mill operation, hence the name
Mill Creek. During construction of several piers recently
it was discovered the natural bottom is approximately 3 1/2
to 4 feet down. This was evident by the discovery of several
logs left by the mill and the remains of oyster rock at that
level now silted over. We do not seek to restore this branch
to its original depth and width, but to a level which is
equivalent to the connecting waterway and to permit a good
clean flow at the width that currently exists without the
taking of or disturbing of any marsh grasses.
This area has been traditionally used by motorized
boats. There are currently 8 piers constructed of the 13
lots that have been developed to provide access to the
y •
existing creek. Of the remaining 6 lots to be developed only
3 would have access to the creek via a constructed pier if so
desired. Not all of the boats are motorized, some use
nonmotorized boats for purpose of recreation and the type of
boat we are talking about are jon boats or run abouts.
Currently gill netters occasionally set their nets in this
branch of Mill Creek at high tides. As these activities will
continue we are suggesting that the recurrent turbidity in a
shallow channel is much greater than in a deeper channel. We
feel a deeper channel is the way to start improving this
branch of Mill Creek's water quality.
As the main stem of Mill Creek abuts the property owners
of Washington Acres who have previously had this area
dredged, many have voiced their concern over the increased
pollution and future of Mill Creek waters. Permanent
residents have seen a decrease in fish, shellfish, bird and
wildlife within the.past several years, we would like to
reverse this trend and will foot the bill for it now, before
the water is so polluted it is lost to traditional uses.
In conclusion we would like to work with the agencies so
we can coexist with the primary nursery. We are not looking
to disturb or degrade this primary nursery area and feel the
proposed project is consistent with the spirit, intent and
purpose of the regulations. We look to the existing agencies
for assistance to save this waterway by allowing this project
to take place.
Sincerely,
047
Wm. R. Jirinec
Deerfield Creek
Association
r ?
Copies Furnished to:
Mr. John R. Parker, Jr., Major Permits Coordinator
North Carolina Department of
Environment, Health, and
Natural Resources
P.O. Box 27687
Raleigh, NC 27604
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Ms. L. K. (Mike) Gantt
U. S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, NC 27636-3726
U. S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carloina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Mr. John R. Dorney
Department of Environment, Health
And Natural Resources
Div. of Environmental Mngmt., Water Quality Section
P.O. Box 27687
Raleigh, NC 27611-7687

Industrial Maintenance Corporation
MAIN OFFICE CHARLOTTE, NC [phone]
LAB DIVISION P. 0. BOX 1037 . WRIGHTSVILLE BEACH, NC 2-8480 .
Received From : PENDER WATCH CONSERVANCY 2502 Country Club Dr.
Sample Location & Description: Hampstead, NC 28443
Environmental Water Samples for Fecal Coliform
Collected By
Date Sampled:
Analysis Time:
Howard Sterne, Jr.
10/29/92 P. 0.
10:45 10/29/92
Report To: Howard Sterne, Jr.
verbal Report #: 4575
Date: 10/30/92
Fecal Coliform by Standard Methods, 17th ED., Method #922.1C
A-1 Media. 5 Tube, 3 Dilutions, 10ml, lml, 0.1ml. Incubation
Parameters, 35.0°C ± .5 for 3 hours, transfer to waterbath @
44.5 ± .20C for total incubation = 24 hours.
FECAL COLIFORM STUDY
Sample ID
Collection Date/Time MPN/100ml
Scarborough Dock rahow. / 5, 1 0/29/92 @ 6:30 a.m. 13
S-1-e vc- -,; 's
Dock 6:35 a.m. 350
Mill Creek Pipe COI?E?CAQ,?c?iC> 6:40 a.m. 350
Mill Creek, 1 mile upstream 7:15 a.m. 920
[phone]
t ?
#w r.
AN+?Tm ?f q'
'AR State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
January 22, 1993
James B. Hunt, Jr., Governor
Deerfield Creek Association.
c/o William R. Jirinec
440 Creekview Drive
Hampstead, North Carolina 28443
Project # 92701
Dear Mr. Jirinec:
Jonathan R Howes, Secretary
The Division of Environmental Management, Water Quality Section has
reviewed your plans for Deerfield Subdivision in Hampstead, Pender County.
Based on this review, we have identified significant uses which would be
removed by this project. These are aquatic life, propagation, shellfish
resource and streambank stabilization. Also you have not provided enough
capacity in the upland disposal site. DEM normally requires at least a 2:1
volume ratio to ensure sufficient holding capacity in case of accidents or
storms. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as designed. Therefore, we are
moving toward denial of your 401 Certification. Until we receive this
information, we are requesting (by copy of this letter) that the U.S. Army
Corps of Engineers and/or the N.C..Division of Coastal Management place your
project on.administrative hold.
Please provide us with information supporting your position that your
project must be constructed as designed. Specifically can you construct your
water access without dredging the creek channel? Any documentation such as
maps and narrative which you can supply to address alternatives may be helpful
in our review of your 401 Certification. Please respond within two weeks of
the date of this letter.
If you have any questions, please call me at 919/733-5083.
Sincerely,
4on R. Dorney
JRD/kls
Jirinec.ltr/Vol.6
cc: Wilmington DEM Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O Box 27687, Raleigh, North Carolina 27611-7687
Telephone [phone] Fax # [phone]
An Equal Opportunity Affirmative Action Employer

?STATEd
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor
William W. Cobgy Jr., Secretary
November 23, 1992
MEMORANDUM:
TO:
FROM:
SUBJECT:
Applicant:
Project Location:
Mr. A. Preston Howard, P.E., Acting Director
Division of Environmental Management
John R. Parker, Chief
Major Permits Processing Section
CAMA/DREDGE & FILL Permit Application Review
Deerfield Creek Association
Bob Jamieson
Regional Manager
Adjacent to 440 Creekview Drive in the northernmost finger of Mill
Creek in Pender County.
Proposed Project: Widening and deepening the northernmost branch of Mill Creek.
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by December 23, 1992. If you have any questions regarding the proposed project,
please contact Tere Barrett at extension 246. When appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
incorporated. See attached.
1 This agency objects to the project for reasons described in the attached
comments.
SIGNE? VZL DATE f I z
127 ina rive cf nsion, ilmingto N.C. 28405-3845 • Telephone [phone] •' Fax [phone]
i
An Equal Opportunity Affirmative Action Employer
w A I1 Zgas Tr1To: John Dorney WER UDS GROUP
Planning Branch mWATER UALITY SECTlOU
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
REGIONAL OFFICE STAFF REPORT AND RECOMMENDATIONS
REVIEWER: GREGSO_
WQ SUPERVISOR: ADKINS ?a SS
DATE: January m, 1993
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
PERMIT YR: 92 PERMIT NO.: 92701 COUNTY: Pender
PROJECT NAME: Deerfield Creek Association
PROJECT TYPE: Dredging PERMIT TYPE: CAMA
COE #: N/A DOT#: N/A
RCD FROM CDA: DCM DATE FROM CDA:•11/24/92
REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624
*STREAM OR ADJACENT WATER BODY: Mill Creek
CLASS: SA STREAM INDEX #: 18-87-14
*OPEN OR CLOSED: Closed
WL IMPACT: N/A WL TYPE: N/A
WL REQUESTED: N/A WL ACR EST: N/A
HYDRO CNECT?: N/A?'? WL SCORE: N/A
MITIGATION: N/A M/ ITiGATION TYPE: N/A
MITIGATION SIZE-!-'N/A? RATING SHEET ATTACHED?: N/A
RECOMMENDATION.-',Deny,!
STORMWATER PLAN\REQ "6: No
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant propose to dredge the upper
part of Mill Creek.
WATER QUALITY CERT. (401)
CERT. REQ'D: Yes
IF YES, TYPE: General Certification #2668 for Dredge Spoil
Dewatering.
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
TO BE PERMITTED BY: N/A
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL - WATER: N/A WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? Yes
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes
MARINA
" 92701.Dec
64 Page Two
0+!? . "
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS: The Division of
Marine Fisheries is strongly objecting to this project.
According to a December 9, 1992 letter from Marine Fisheries to
John Parker{ the Creek is not a designated Primary Nursery Area,
however, it is a fully functioning primary nursery area and also
has a significant shellfish resource which DMF may use for their
relay program. To dredge this area would remove its ability to
function as a primary nursery area. Such a removal of use is
inconsistent with 15A NCAC 2B .0201. Therefor, this Office is
recommending denial of the CAMA Permit. - S
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
X MI)
? Rb
? O O
p TO: JoU
p474$ nI
THROUGH: Rich Carpenter
FROM: Fritz Rohde
E Q U E g Decembe
19 n
O N
O
O O O O
SUBJECT: Deerfield Creek. Association
The Division strongly objects to this project. Although parts
of lower Mill Creek have been dredged, this part of the creek has
never been dredged. Here the creek is narrow and winding and
bordered by extensive marshes. The depths are shallow and the
bottom is soft. Although not formally designated, this area is a
fully functioning primary nursery for many important species such
as spot, croaker,?flounder, menhaden, shrimp, and blue crab. Staff
from the Division will be sampling Mill Creek this spring for
possible designation as a Primary Nursery Area by the Marine
Fisheries Commission. Because of the shallow depths standard
techniques (trawling) to designate nursery areas will not
effective, but rather methods currently used (seining) in an on-
going study to reassess nursery areas will be used. In addition
there are significant oyster resources in the area which the
Division may incorporate into its relay program.
r
i

MEMORANDUM
To: Reviewing Agencies
From: T. Barrettaj
Re: State Application
u 3G, /C rag son
for Deerfield Creek Associates
12/4/92
Upon receiving incorrect information from the Division of Marine
Fisheries, Mill Creek was listed as Primary Nursery Area. DMF has
stated that the area functions as a Primary Nursery Area, and they
will be commenting accordingly. However, it is not so designated.
With regard to the spoil disposal area, the dimensions are 80' x
100' x 81. This will accommodate 2370 cubic yards of material at
best. The proposal is to dredge 3300 cubic yards. As the spoil
material dries, it is to be spread over the lot. The spoil
material should be composed of fine silt material. The size of the
spoil site may be inadequate unless the applicant plans to stop
work for extended periods to allow the material to dry.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Deerfield Creek Association
7.
2. LOCATION OF PROJECT SITE: Adjacent to 440 Creekview Drive in the northernmost
finger of Mill Creek in Pender County.
Photo Index-1989: No Photo 1984:22-241 Grid 10E,9F,8F,8E,7E,7D
State Plane Coordinates - X:2391200-2392000 Y: 221000-222600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/21 11/9 11/17
Was Applicant Present - Yes Yes No
5. PROCESSING PROCEDURE: Application Received - CC: 11/10/92
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Pender County
Land Classification From LUP - Community
(B) AEC(s) Involved: Estuarine Water, Public Trust Water
(C) Water Dependent: Yes
(D) Intended Use: Community/Public
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Residential homes, docks
Planned - Channel excavation
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow Bottom/Shellfish

High Ground

f
43.375s

.85 ac
(D) Total Area Disturbed: 2.85 ac
(E) Primary Nursery Area Yes
(F) Water Classification SA Open: No
8.
PROJECT SUMMARY: The applicants propose widening and deepening the northernmost
branch of Mill Creek.
• Deerfield
Page 2

9. PROTECT DESCRIPTION 11/18/92
The project area is the subdivision of Deerfield in Pender County just south of Hampstead.
This is a single family residential development in an area that was owned and logged by a
timber company previously. The development is adjacent to Mill Creek, which is located off
of the AIWW south of Old Topsail Creek. It extends inland some 2500' before branching
off in three directions. The project is in the northernmost branch.
This area is classified as Community in the Pender County Land Use Plan. The waters are
classified SA by the Division of Environmental Management. The area is a designated
Primary Nursery Area by the Division of Marine Fisheries. There is a significant shellfish
resource in the creek, however, the area was recently closed to the taking of shellfish.
According to the Division of Marine Fisheries, there is the possibility of using the site for
relay programs. There is no evidence that this branch of Mill Creek has been dredged
previously.
The creek is typical of many tidal creeks. It has a very silty bottom scattered with oyster
beds, and winds through the Sparfin alterniflora marsh. The width of the creek for the
project area varies from approximately 15' to 120'across. The depth varies from -.5'mlw to
-1' mlw.
The applicants have proposed dredging this creek to widths beginning at 30' at the mouth,
and narrowing to 15' at the inland limit. The depth is proposed at -2.5' mlw at the upper
limits, to -3' mlw at the mouth. This joins the main portion of the creek which is presently -
4' mlw. The total length of the dredge area is approximately 1875 linear feet. This requires
the removal of approximately 3300 cubic yards of material. No marsh is to be excavated.
The dredging is to be accomplished hydraulically, with a 6" dredge. The material will be
placed on residential lot #82. This lot is approximately 1.85 acres in size. The actual spoil
site is 80' x 100' (8000 square feet). This lot has been flagged by a representative from the
U.S. Army Corps of Engineers for the presence of federal wetlands. The spoil material will
be contained above the wetlands by a constructed dike. A settling basin will be required.
The effluent will be carried to mean low water.
As the spoil material dries, it will be spread over the remaining high ground portion of the
lot. Prior to any disposal, the applicant proposes placing silt fencing along the perimeter of
the high ground. There is permission on file from the property owner to utilize his lot for
the spoil disposal area.
10. ANTICIPATED IMPACTS
The applicants propose to remove approximately 3300 cubic yards of productive bottom
(43,375 s.f.) from a Primary Nursery Area. This would allow residents a navigational depth
of -3' mlw. All evidence (aerial photography, memories of the residents in the area, and
memories of the dredge contractors who have historically worked this area) indicates this
branch of Mill Creek has never been excavated.
' v
Deerfield
Page 3

10. ANTICIPATED IMPACTS - Continued:
Short term turbidity increases are to be expected from this project.
There should be no water quality concerns as the area is proposed to be excavated to -2.5'
mlw at the landward end, -3' mlw for the remainder, connecting to waters -4' in depth.
No marsh is to be excavated.

Submitted by: Tere Barrett Date: 11/18/92 Office: Wilmington
Pleasefype or print. Carefully describe all anticipated
development activities, including construction, excava-
tiop, filling, paving, land clearing, and stormwater con-
'Pol. If the requested information is not relevant to -our
project, write N/A (not applicable). Items 14 and 8.9
must be completed for all projects.
1 APPLICANT
If you plan to build a marina, also complete and
saach Form DCM-MP-2.
b. Is theproposed activity maintenance of an
existing project, new work, or both?
NEW t,?oRK ?? 9 ?-
c. Will the project be for community private or
a. Name DEERFIELD CREEK ASSOCIATION M__ commercialuse?
u-44Willi* -Twipirc, PRIVATE
AddressWaLL CREEK DEERFIELD) 440 Creekview Dr.
City MAIMSTFAD State NC
Zip 28443 Day phone [phone]
X Landowner L_ Authorized agent
b. Project name (if any) DEERFIELD (MILL CREEK)
DREDGING
d. Describe the planned use of the project.
,nAPROVE EXISTING ACCESS TO DEVELOPED
RimT)TVTSTON D MAINTAIN PRESENT WAT
QUALITY PRESENTLY BEING IMPACTED
UPSTREAM DEVELOMENT.
4 LAND AND WATER
c. If the applicant is not the landowner, also give the
owner's name and address.
CHARACTERISTICS
of entire tract 1.8SACRES ±
01 Size of individual lot(s) N/A
OCT 1992, c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
2 LOCATION OF PROP OS VISION OF Approximately 15'
PROJECT ? ASTAL MWGEM,E&Soii type(s) and texture(s) of tract
^- - - SANDY LOAM
a. Street address or secondary road number
LOT#' s 67 , 68 , 69, 70, 71, 51, 77, 82, 83, 84, 85, 86, e. Vegetation on tract HARDWOOD AND PINE
87, 88, 89, & 90.
b. City, town, community, or landmark j
EAMSTEAD, NC 2844 «. e features now on tract N/A
H?
c. County FENDER
Nov t 0 919a is the CAMA Land Use Plan Classification of
d. Is proposed work within city limits or planning a site? (Consult the local land use plan.)
jurisdiction? NO •? DIVISION OF Conservation Transitional •
e. Name of body of water nearest pro ect COASTAL _MANA= veloped Community
TOPSAIL SOUND ( MILL CEK) X Rural Other
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
h. How is the tract zoned by local government?
RA
i.
a. Describe all development activities you propose (for j.
example, building a home, motel, marina, bulkhead,
or pier)KAINTAIN EXISTING CANAL
DP Q r/iN? nhaamgL.
How are adjacent waters classified?
SA CLOSED
Has a professional archaeological survey been
carried out for the-tract? NO, If so, by whom?
12189
5 UPLAND DEVELOPMENT
Ccanplete this section if the project includes any land
+ development. N/A '
a. Type and number of buildings; facilities, or
structuresproposed
M. Wate, supply source
n. If the project is oceanfront development, describe
the steps that will be taken to maintain established
b. Number of lots or parcels public beach accessways or provide new access.
c. Density (Give the number of residential units and the
wets per acre.)
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 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
cornrol 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
su-:aces, such as pavement, buildings, rooftops.
€. Lis: the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If _pplicable, has a stormwater management plan
been submitted to the Division of Environmental
Management?
i. Describe proposed sewage disposal and/or waste
wa-.er 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. indusuial/commercial effluent, "wash
down").
2
o. If the project is on the oceanfront, what will be the
elevation above mean sZle
s - t
floor
LA or
Nnu r 0 1992
6 EXCAVATION AND FILL
IVISION OF
INFORMATION
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel

(NLW) or (NWL) p
'
r
?
A 0 J?0 " `'' y

Fill placed in
wetland or below
MHW <>`>
Upland fill
areas
b. Amount of material to be excavated from below
water level in cubic yards XPO 71 -1900 c. Type of material Approx. 85% SAND 15% SILT
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
NO
e. High ground excavation, in cubic yards
N/A
12/89
?L Dimensions of spoil disposal area c. Shoreline erop'on during preceding 12 months, in
9 W X 100"t C 1.?ACRES fur N/A •
• g. Location of spoil disposal area HIGH GROUND d. Type of bulkhead material N/A
PROPERTY
e. Amount of fill, in cubic yards, to be placed below
h. Do you claim title to the disposal area? NO mean high water N/A
If not, attach a letter granting permission from the
ownM. L;-Type of fill material N/A
1. Will a disposal area be available for future
maintenance? YES (CARRY OFF CLAMSHELL )
If so, where? SPIE
j. Does the disposal area include any marsbland,
swamps, or water areas?
NO
k. Will the fill material be placed below mean high
water? NO
1. Amount of fill in cubicyards N/A
m. Type of fill material N/A
n. Source of fill material N/A
o. Will fill material be placed on marsh or other
wetlmds? N/A
p. Dimensions of the wetland to be filled
N/A
q. How will excavated or fill material be kept on site
and erosion controlled?
BERTNn FAR.THFN BERM
(OF SPOIL PIT)
r. Wha: type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)? HYDRAULIC
s. Will wetlands be crossed in transporting equipment
to p:Mject site? NO If yes, explain steps that will
be taken to lessen environmental impacts.
7 SHORELINE STABILIZATION
A. Length of bulkhead or riprap N/A .
b. Average distance waterward of mean high water or
normal water level N/A
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
ins=ent under which the applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to carry out
the project.
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 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 9
prints or other larger plats are acceptable only if It 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 pan
of plat requirements and it must be sufficiently detailed
to guide agency personnel 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 whichto submit comments
on the proposed project to the Division of Coastal
Management and shot?? . ? ? ? t 1 ? ? m-ant of
that opportunity. 14 I t..
NOV 10 1992
1289 COASTDALISNIMAGEMEMT 3

NAME MRS. MARGARET BELLATAY ALEXIUS
ADDRESS, 17.37 South Live Oak Pk.
Wilmington, NC 28403
Name Mrs. Ki sland Loughlin
Address 320 Creekview Dr.
. Hampstead, NC 28443
Name Yx. Admah Lanier Jr:
Address Rt. 1 Box 530
Wilmington,
Name W. Howard M. Loughlin r,
Address P.O. Box 73
Wilmington, N(; Z64Ue
A list of previous state or federal permits issued for
work on the project tract Include permit numbers,
permittee, and issuing dates.
UNKNOWN
D.E.H. N. R.
A check for $r made payable tor6e Department of
Environment , Health & Natural Resources to cover the
costs of processing the application.
A signed AEC hazard notice for projects in oceanfront
and inlet areas.
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment 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 ,19 .
Landowner
&ENINb Nq p,3
1( -5i3?Q 1AN0ocv4ERs
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As RN??ipR?zca?,?,•-i
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16D? , 11?m
KID 10 1992
CREEK
DIVISION OF
COASTAL MANAGEMENT
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DIVISION OF
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MEMO
TO:
DATE: Izzo/-
SUBJECT:
d? (k (7 v (? w.` (Z C_?15
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From:
..,a. STATE q,
North Carolina Department of Environment
?g. Health and Natural Resources
Printed on Recycled Paper
??hr?Y
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4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 3, 1992
Regulatory Branch
SUBJECT: ACTION ID No. 199300584
Mr. William R. Jirinec
Deerfield Creek Association
Mill Creek (Deerfield)
440 Creekview Drive
Hampstead, North Carolina 28443
Dear Mr. Jirinec:
nFc - 9 1992 On February 11, 1991, we renewed General Permit No. CESAW-CO80-N-000-0291
(copy enclosed), which provides Federal authorization for construction
activities that receive authorization from the State of North Carolina.
A review of your application received November 24, 1992, for Department of
the Army authorization to excavate an access channel in Mill Creek off Topsail
Sound, Deerfield, Hampstead, Pender County, North Carolina, indicates it to be
a candidate for Federal authorization under this general permit. Accordingly,
the administrative processing of your application will be accomplished by the
North Carolina Division of Coastal Management. Comments from Federal review
agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for
any reason, you will be informed regarding its further management. If there
are no unresolved differences in State-Federal positions or policies, the
final action taken on your application by the State will result in your
receiving written notice from us that your application is consistent with the
general permit and you may commence your activity. Only after receiving such
confirmation should you begin work.
Your application, pursuant to section 10 of the River and Harbor Act, has
been assigned Action ID No. 199300584 and will be coordinated by Mr. Scott
McLendon in our Wilmington Field Office. He is available at telephone (919)
251-4725.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
t%%-
v .0
-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. John Dorney
Water Quality Section
Div "sion of Environmental
anagement
orth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Deerfield Creek Association
2. LOCATION OF PROJECT SITE: Adjacent to 440 Creekview Drive in the northernmost
finger of Mill Creek in Pender County.
Photo Index-1989: No Photo 1984:22-241 Grid 10E,9F,8F,8E,7E,7D
State Plane Coordinates - X:2391200-2392000 Y: 221000-222600
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10/21 11/9 11/17
Was Applicant Present - Yes Yes No
5. PROCESSING PROCEDURE: Application Received - CC: 11/10/92
Office - Wilmington
6. SITE DESCRIPTION: D
(A) Local Land Use Plan - Pender County.
Land Classification From LUP - Community
(B) AEC(s) Involved: Estuarine Water, Public Trust Water
(C) Water Dependent: Yes WETLANDS GROUP
(D) Intended Use:. Community/Public WATER QUALITY SECTION ub
(E) Wastewater Treatment: Existing - N/A
Planned - N/A
(F) Type of Structures: Existing - Residential homes, docks
Planned - Channel excavation
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
(C) Other
Shallow Bottom/Shellfish 43,375s
f
High Ground 1.85 ac
(D) Total Area Disturbed: 2.85 ac
(E) ' Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8
PROJECT SUMMARY: The applicants propose widening and deepening the northernmost
branch of Mill Creek.

Deerfield
Page 2
9. PROTECT DESCRIPTION 11/18/92
The project area is the subdivision of Deerfield in Pender County just south of Hampstead.
This is a single family residential development in an area that was owned and logged by a
timber company previously. The development is adjacent to Mill Creek, which is located off
of the AIWW south of Old Topsail Creek. It extends inland some 2500' before branching
off in three directions. The project is in the northernmost branch.
This area is classified as Community in the Pender County Land Use Plan. The waters are
classified SA by the Division of Environmental Management. The area is a designated
Primary Nursery Area by the Division of Marine Fisheries. There is a significant shellfish
resource in the creek, however, the area was recently closed to the taking of shellfish.
According to the Division of Marine Fisheries, there is the possibility of using the site for
relay programs. There is no evidence that this branch of Mill Creek has been dredged
previously-
The creek is typical of many tidal creeks. It has a very silty bottom scattered with oyster
beds, and winds through the SSpartina alterniflora marsh. The width of the creek for the
project area varies from approximately 15' to 120'across. The depth varies from -.5'mlw to
-1' m1w.
The applicants have proposed dredging this creek to widths beginning at 30' at the mouth,
and narrowing to 15' at the inland limit. The depth is proposed at -2.5' mlw at the upper
limits, to -3' mlw at the mouth. This joins the main portion of the creek which is presently -
4' mlw. The total length of the dredge area is approximately 1875 linear feet. This requires
the removal of approximately 3300 cubic yards of material. No marsh is to be excavated.
The dredging is to be accomplished hydraulically, with a 6" dredge. The material will be
placed on residential lot #82. This lot is approximately 1.85 acres in size. The actual spoil
site is 80' x 100' (8000 square feet). This lot has been flagged by a representative from the
U.S. Army Corps of Engineers for the presence of federal wetlands. The spoil material will
be contained above the wetlands by a constructed dike. A settling basin will be required.
The effluent will be carried to mean low water.
As the spoil material dries, it will be spread over the remaining high ground portion of the
lot. Prior to any disposal, the applicant proposes placing silt fencing along the perimeter of
the high ground. There is permission on file from the property owner to utilize his lot for
the spoil disposal area.
10. ANTICIPATED IMPACTS
The applicants propose to remove approximately 3300 cubic yards of productive bottom
(43,375 s.f.) from a Primary Nursery Area. This would allow residents a navigational depth
of -3' mlw. All evidence (aerial photography, memories of the residents in the area, and
memories of the dredge contractors who have historically worked this area) indicates this
branch of Mill Creek has never been excavated.
,w
Deerfield
Page 3
10. ANTICIPATED IMPACTS - Continued:
Short term turbidity increases are to be expected from this project.
There should be no water quality concerns as the area is proposed to be excavated to -2.5'
mlw at the landward end, -3' mlw for the remainder, connecting to waters -4' in depth.
No marsh is to be excavated.
Submitted by: Tere Barrett Date: 11/18/92 Office: Wilmington
1 $0
Pleaselype or print. Carefully describe all anticipated
develupment activit=cs, including construction, excava-
tion, filling, paving, land clearing, and stormwater con-
trvi. If the requested information is not relevant to your
project, write N/A (not applicable). Items 14 and 8-9
must be ccmpleted for all projects.
1 APPLICANT
a.
If you plan to build a marina, also complete and
attach Form DCM-MP-2.
b. Is theaproposed activity maintenance of an
existing project, new work, or both?
NEkI WORK if W_ -
C. Will the project be for community, private, or
Name DEERFIELD CREEK ASSOCIATION cc=ercial use?
'? % PRIVATE
w AGENT ilhM,K • T -5ice. 5r
AddreSSIELL CREEK DEERFIELD) 440 Creekview Dr.
City HAMPSTEAD State NC
Zip 28443 Day phone [phone]
X Landowner W • x Authorized agent
b. Project name (if any) DEERFIELD (TRILL CREEK)
DREDGING
c. If the applicant is not the landowner, also give the
owner's name and address.
PLEASE SEE ATTACHED?T,?, 0, g ,,_,-,,,,,r,
APPLICANTS NAT.FS & 41DX_KF-Sb4? 1.
.. 1 ?
d. Describe the planned use of the project.
PJrPB.OVE EXISTING ACCESS TO DEVELOPED
SIIBDSVISION AND MAINTAIN PRESENT WATT_
QUALITY PRESENTLY BEING IMPACTED BY
UPSTREUI DEVELOP14ENT .
4 LAND AND WATER
CHARACTERISTICS
of entire tract 1.85ACRES ±
1t I _ ,1b] Size of individual lot(s) N/A `
LIL31 or
s?:l
OCT 1992. c. Elevation of tract above mean sea level or
National Geodetic Vertical Datum
2 LOCATION OF PROPOS VISION OF Approximately 15' $
PROJECT ASTAL MANAGEMEboil tSW(s) and texture(s) of tract
SANDY LOAM
a. Street address or secondary road number
I.OT# l s 67, 68, 69, 70, 71, 51, 77, 82, 83, 84, 85, 86, e. Vegetation on tract HARDWOOD AND PINE
87, 88, 89, & 90. , V7nv T ,
b. City, to Am, community, or landmark 4? _' ;'•; -. ' 11 ??1:, .; ; ;;
t1PSTEAD NC 28443 '%: u."'"''`-`i'"I• e features now on tract N/A
L Ls
e. County PENDER s 0 glo at is the CkMA Land Use Plan Classification of
d. Is proposed work within city limits or planning iffe site? (Consult the local land use plan.)
jurisdiction? NO !? DIVIS ON OF Conservation Transitional
e. Name of body of water nearest proect COASTAL_ MANA?ETVJveloped Community
TOPSAIL SOUND ( MILL CREEK) X Rural Other
h. How is the tract zoned by local government?
RA
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a.
],Describe all development activities you propose (for
example, building a home, motel, marina, bulkhead,
i/
or pier)IAINTAIN EXISTING CANAL By
?lJg_NiNG C.hA JA F_L.
i. How are adjacent waters classified?
SA CLOSED
j. Has a professional archaeological survey been
carried out for the tract? NO" If so, by whom?
12189
• 0
•
5 UPLAND DEVELOPMENT
Complete this section if the project includes any land
development. N/A
a. Type and number of buildings, facilities, or
structuresproposed
b. Number of lots or parcels
m. Wate, supply source
n. If the project is oceanfront development, describe
the steps that will betaken to maintain established
public beach accessways or provide new access.
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 will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
corn rol plan been submitted to the Division of Land
Resources?
f. Give the percentage of the tract within 75 feet of
meLri high water to be covered by impermeable
su::aces, such as pavement, buildings, rooftops.
?. Lis: 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
wa:er 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
down").
o. if the project is on the oceanfront, what will be the
elevation above mean sea le
floors
Nny I o 1992
6 EXCAVATION AND FILL
DIVISION OF
INFORMATION ,.,...,T.,
a. Describe below the purpose of proposed excavation
or fill activities (excluding bulkheads, which are
covered in Section 7).
Length Width Depth
Access channel
(MI-? or (NwL) n 850 r
A
mitt ?
4_ g ?OD ? 020.E
Fill placed in
wetland or below
MHW
Upland fill
areas

i;/,
1?1
b. Amount of material to be excavated from below
water level in cubic yards 3;00 To _35'00 f
c. Type of material Annrox 85% SAND 15% SILT
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
NO
e. High ground excavation, in cubic yards
N/A
2 12/89

L Dimensions of spoil disposal area + Of c. Shoreline ero on during preceding 12 months, in
?O'v? X / 00 L C_ 1.?ACRES - feet N
g. Location of spoil disposal area HIGH GROUND
PROPERTY
h. Do you claim title to the disposal area? NO
If not, attach a letter granting permission from the
owner.
I. Will s disposal area be available for future
maintenance? YES (CARRY OFF--- CLAMSHELL )
If so, where? SJ'AE
j. Does the disposal area include any marshland,
swamps, or water areas?
NO
k. Will the fill material be placed below mean high
water NO
1. Amount of fill in cubic yards N/A
m. Type of fill material N/A
n. Source of fillmaterial N/A
o. Will fill material be placed on marsh or other
wetly-ids? N/A
p. Dimensions of the wetland to be filled
N/A
q. How will excavated or fill material be kept on site
and erosion controlled?
BFHTN FARTHEN BERM
(OF SPOIL PIT)
r. Wha: type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredze)? HYDRAULIC
s. Wil? wetlands be crossed in transporting equipment
to project site? NO If yes, explain steps that will
be Wken to lessen environmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap N/A .
b. Average distance waterward of mean high water or
normal water level N/A
d. Type of bulkhead material N/A
e. Amount of fill, in cubic yards, to be placed below
mean high water N/A
f. ,Type of fill material ' N/A
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 applicant claims title to the
affected property. If the applicant is not claiming to be
the owner of said property, then forward a copy of the
deed or other instrument under which the owner claims
title, plus written permission from the owner to cant' out
the project.
An accurate work plat (including plan view and cross .
sectional drawings) drawn to scale in black a on an 8
1R x 11 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 for a detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue-line 2.0
prints or other larger plats are acceptable only if to 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 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 completeaddresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in whichto submit comments
on the proposed project to the Division of Coastal
Management and sho r 4PPU t of
that opportunity. 'j t-,rte;!`
NOV 10 1992
DIVISION OF
12!89 COASTAL MANAGEMENT

3 NAME MRS. VIAR.GARET BELL,*AY ALEXIUS
ADDRESS 1737 South Live Oak Pk.
Wilmington, NC 2$403
2 Name - Mrs. Kin-asland Loughlin
Address 320 Creekview Dr.
Hampstead, NC 28443
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND '
Name Mr. Admah Lanier Jr:
Address Rt. 1 Box 530
Wilmington, NO 2840
Name Mr. Howard M. Loughlinr'
Address P. 0. Box 73
Wilmington,
A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
UNKNOWN
250 r D.E.H. N.R.
A check for $1W made payable to the Department of
Environment, Health & Natural Resources to cover the
costs of processing the application.
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 919_.
A signed AEC hazard notice for projects in oceanfront X PLEASE
and inlet areas. Landowner
A statement on the use of public funds. If the project
involves the expenditure of public funds, attach a state-
ment documenting compliance with the North Carolina
Environmental Policy Act (N.C.G.S. 113A-1 to 10).
OF DEERFIELD CREEK
ASSOCIATION.
&_01l b JgJp,4
/( -S'3,,J kA1Y00tOtiERS

n?ov io 1992
DIVISION OF
COASTAL MANAGEMENT
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