19920067 Ver 1_COMPLETE FILE_19920101

. 57A71 o
D o,T
.a u? Ay
State of North Carolina
Department of Environment, Health, and Natural Resources
[division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
Jame,, G. Martin, Governor
William W. Cobey, Jr., Secretary
April 11.3, 1992
George T. Everett, 110).
Director
M-:-. G. A. Palmer
Oedar Island North Association
1146 Shipyard Blvd.
Wilmin.gtOD, North Carolina 28403
Dear Mr. Palmer:
The Division of Envirornnental Management, Water Quality
Section has reviewed your plans for wetland fill for 0.75 acres
of wetlands at. Cedar Island North for mosquito control. Based on
this review, we have identified significant uses which would be
removed by this project. These are aquatic life and pollutant
removal. Furthermore, insufficient evidence is present in our
riles to conclude that your project would have had to be built in
wetlands. Therefore, we are moving toward denial of your 401
Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your residential development on nearby upland.
Any documentation such as maps and narrative which you can supply
to address upland alternatives may be helpful in our review of
your 401 Certification. As per your verbal agreement with Jim
Gregson of our Wilmington Regional office, we will put this
project on hold until you have an opportunity to answer these
questions.
If you have any questions, please call me at 919/733-1786.
JRD/ kls
Palmer.ltr/Vol.3
_incerely,
_luhn R. Dorney
cc: Wilmington Regional Office
John Parker, CoasCal Management
Wilmington Of f ice COE Izl t 1uNA1 OIII( l ti
\.lua1111 I,iv,(IcAlr 11??n1will? k,dry11 A\a,,liiiiyu?? AV''ilnun?'I'm Wimt')II ti,drnp
W) 186 1, 11 .911 rihi 11?rt `1111 -,'I 1?IX1 '1 `P1 ).Ih ?, 1ti1 `)11) 0), 21xX1 W) 100'' 1X1,
Pollution Prmention Pavs
't t Itn? .."t?iS IL1I1'q'.I1 ?ut11 ( ,n111111,1 .),?(')))Ilii?
\1. I,pi.11 r q.1., 1..1111. Annu,.nlo1 \. 11.- „11,1..•,,
cat (f4v Ilia; 2522
15/mi;vyo ?{rix Own 2840.2
Ad_. 999-452-000Y
9aw y. djjm= dole Y4
," 5 SCI , MARCH 18, 1992 _yv..y !, 0)p. Ad
Way, r' uMut 9"itiV",./W 2840.7
MR. JIM GREGSON
N.C. DEH&NR, WATER, QUALITY SECTION
127 CARDINAL DRIVE EXT.
WILMINGTON, NC 28405-3845 [phone]
DEAR MR. GREGSON:
IN REFERENCE TO THE SONNY PALMER, CEDAR ISLAND ISLAND TRACT FOR
AN EXCAVATION/FILL, PERMIT OF "0.4 Acres:
WE COMPLETED THE ORIGINAL 404 WETLANDS DELINEATION WORK FOR THIS
TRACT IN DECEMBER, OF 1989. THE AREA THAT IS BEING CONSIDERED FOR
PERMI'T'TING WAS APPARENTLY EXCAVATED BEFORE THE ACTUAL PERMIT WAS
]ISSUED, THUS THE CONDITION OF THIS WETLANDS WAS CHANGED BEFORE
YOU HAD THE OPPORTUNITY TO REVIEW THE TRACT. THIS LETTER WILL
HOPEFULLY CLARIFY THE TYPE OF WETLANDS AND VEGETATION THAT WERE
PRESENT WITHIN THIS AREA FOR PERMITTING.
THE WETLANDS AREA IS AN OLD BORROW PIT WHICH WAS SURROUNDED BY
UPLANDS. THE PERIMETER HAD 2-3 Ft OF SHARPLY DISSECTED EDGES
WITH AN OLD DITCH LEADING FROM IT (Secs prelim. wetlands map and
fi_el.d topo map). THE SOILS WITHIN THIS WETLANDS AREA HAD NON-
DISTINCT HOR_I70NATION, INDICATIVE OF PAST DISTURBANCE, AND WERE
SIMILAR TO THE SURROUNDING UPLAND SUBSTRATUMS. THUS THESE
WETLANDS WERE CREATED BY HISTORIC, MAN-MADE EXCAVATTON ACTIVI-
TIES. THE ENCLOSED 1980 1NF'RA-RED AND THE 1970 PHOTO COPIES
ATTEMPT TO SHOW THE TRACT AT DIFFERENT TIME PERIODS.
VEG,''FATION WAS INDICATIVE OF FRESHWATER, PIONEERING WETLANDS SPE-
CIES. THE MAJOR SPECIES PRESENT WERE:
WOOL-GRASS; JOHNSON GRASS; FALL., PANIC; GRASS; BLUESTEM-WET;
JUNCUS-FRESHWATER VARIETY; SWITCH CANE; FETTERBUSH; BITTER,
GALLBERRY; PLUME GRASS; RED MAPLE SAPLINGS; AND FRAGMITTES.
IN SUMMARY, THIS WAS AN ISOLATED FRESHWATER WETLANDS CREATED BY
HISTORIC (Between 1970 to 1980), MAN-MADE EXCAVATION ACTIVITIES
FOR BORROW MATERIALS.
HOPEFULLY THIS WILL CLARIFY THE ORIGINAL CONDITION OF THIS WET-
LANDS AREA AND ASSIST YOU IN THE PERMITTING OF THIS AREA FOR
EXCAVATION. IF YOU HAVE FURTHER QUESTIONS PLEASE CALL.
?'v;r? I,.,L.U /Jai N r.:I I
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®- UPLANDS
un- TRANSITIONAL UPLANDS
(Flagged With Line Green Ribbon In Field)

I'RFI I M 1 NARY 404 W1-'.•1'1.AN1)S MAY'
OF THE: CEDAR i SI.AND TRACT ( ---H Ac, r F3s )
DUNLEA REALTY NEW HANOVER COUNTY NORTH CAROLINA
S(:AI.I•- = 1 1 nc-l-I ZOO 1? c?c t.
(Wo t l land Lines I'crc-txi )
DFCF.MHF.R 1989
i j
Ilk I
17-1 404 WETLANDS (Flagged With Pink/Black--Striped Ribbon)
fq- CAMA MARSH WETLANDS
TIMBER & LAND MANAGEMENT CONSULTAI
INC.
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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 Roger N. Schecter
William W. Cobey, Jr., Secretary 02/18/92 Director
Mr. Preston Howard
NC DEH&NR
Div. Environmental Management
127 Cardinal Drive
Wilmington, NC 28405
REFERENCE: ACTID-92-0993
Applicant/Sponsor: Cedar Island North Association
Excavation of Wetlands Adjacent Greenville sound, Wilmington
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice, dated
02/06/92 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 on the proposal and return this
form to me before 03/10/92.
Si rely,
Te-", `rL-
Ste en B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed. `II
Comments on this project are attached. FMJ(X h??7
This office supports the project proposal.
No Comment.
Signed
Date 2--
Agency
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
T
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: March 6, 1992
To: John Dorney
Planning Branch
From: James H. Gregson
Wilmington Regiona f ce
Through: Preston How d
Dave Adkins
Wilmington egional Office
MAR?2I
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Central Office Permit #92067
Cedar Island North Association
New Hanover County
PROJECT DESCRIPTION: The applicant proposes to excavate an
approximately .75 acre wetland area adjacent to Masonboro Sound.
ADJACENT WATER BODY: Masonboro Sound
CLASSIFICATION: SA ORW
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
A site visit was made on March 5, 1992, along with Dave
Adkins, Tere Barrett (DCM) and Jim Herstine (DCM). On this date,
the 0.75 acre wetland area had already been excavated.
Due to the disturbed condition of the site, this office is
unable to make any educated recommendations regarding the
issuance of a 401 Certification. However, had we been given the
opportunity to review the project properly, i.e., prior to
excavation, it would appear that wetlands adjacent to SA ORW,
Primary Nursery Area waters should rank as some of the highest
quality wetlands in the State. The purpose of the proposed
project is to enhance the proposed development by eliminating
"unsightly mosquito breeding habitat". It is the opinion of this
Office that this project is neither water dependent, nor is it
essential to serve the basic purpose of the proposed development.
. , ?.
92067.MAR
Page Two
It is recommended that a 401 Certification not be issued for
this project.
JHG:92067.MAR
cc: Wilmington Regional Office Files
Central Files
Tere Barrett

qo&

I I ?)
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 02/18/92 Director
Mr. Preston Howard
NC DEH&NR
Div. Environmental Management
127 Cardinal Drive 1992
Wilmington, NC 28405
REFERENCE: ACTID-92-0993 DIVISION OF
COASTAL MANAGEMENT
Applicant/sponsor: Cedar Island North Association' - --
Excavation of Wetlands Adjacent Greenville Sound, Wilmington
Dear Mr. Howard:
The attached U.S. Army Corps of Engineers Public Notice, dated
02/06/92 describing a federal project or permit is being circulated
to interested state agencies for comments concerning the proposal's
consistency with the 1gorth Carolina Coastal Management Program.
Please indicate your viewpoint on the proposal and return this
form to me before 03/10/ .
Si 2rely,
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. Boa 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]:

An Equal Opportunity Affirmative Action Employer
q a o ? 7
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. 199200993
February 5, 1992 1
mac. ,?, a.
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
Dear Mr. Dorney:
9'?,
Enclosed is the application of the Cedar Island North Association, for
Department of the Army authorization and a State Water Quality Certification
to excavate a three quarters of an acre wetland area, possibly an old borrow
pit, near Greenville Sound, on Cedar Island at the end of Old Military Road,
in Wilmington, New Hanover County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering 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 April 7, 1992, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, telephone
[phone].
Sincerely,
e Wri t
hief, Regulatory Branch
Enclosure
-2-
Copy 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
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
all projects.
d. ' Describe the planned use of the prole t.
1APPLICANT
'.
a. Name
Address iii ';?., ?•..a? A
City •?Srate /V. C
Zip .: 4 H (. i ay phone y/> - y? - - 7737
Landowner or f Authorized agent
b. Project name (if any) 7-z-14 A.-
N?.- t?
c. If the applicant is not the landowner, also give
the owner's name and address.
2 LOCATION OF PROPOSED
PROJECT
a. Street address or secondary, rqad num r
Div Li C 41k M 111,"'t w I -, ?i
b. City, Sown, community, or landmark
c. County ?•- ?:u ° P`'
d. Is proposed work within Siry limits or planning
jurisdiction? Alf-,
e. NamSgf body of water nearest project
1. ,C, , cc_",
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead, or pier).
r
& ,4cre
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both?
c. Will the project be for community, private, or
commercial use?
d8 •{kfltFnn?.L
4 - LAND AND W .A. ?
CHARAC-1ERISTTC:5
a. Size of entire tract ? e
b. Size of individual lot(s) ac
P =
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum
d. Soil type(s) and texture(s) of tract
_ ra
e. VeyQT?ration on tra t e 7,7771
f. Man-made fea es now on tract
g. What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) .
Conservation Transitional
Developed Community
Rural Other
h. How is the tra zoned by local government?
P - [?
i. How are adjacent waters classified?
j. Has a professional archaeological survey been
carried out for the tract? N?>
If so, by whom?
5 UPLAND DEVELOPMENTH_&,?
Complete this section if the project includes any
upland development.
a. Type and number of buildings -facilities, or
structures proposed - ,
-46
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.) AME: / O&C, rr-,:
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 sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Qtpi.ion of Land Resources?
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pave enc,
buildings, or rooftops.., c.1
g•
h.
i.
j•
k.
1.
M
n
h• Do you claim title to the disposal area? VL-
b. Amount of material to be excavated from
below water level in cubic yam
c. Type of material J `?-
d. Does the area to be excavated include qlarsn-
land. swamps, or other wetlands? U
e. High ground excavation, in cubic yards ?-
f. Dimensions of spoil disposal area Y
g. Location of spoil disposal area n ^'
If not. attach a letter granting permission from
List the materials, such as marl, paver stone,
asphalt. or cons m1 , to b used for paved
surfaces.
If applicable, has a stormwater management
plan been submitted to the Division if En.
vironmental Management?
Describe proposed sewage disposal and/or waste
C _?,--
water ,treaanenc facilities.
Have these facilities. rpc?ivved state or local
approval?
Describe existing treatm n f4cilities.
Describe location and type of discharges to
waters of the state (for examples surface runoff,
sanitary wastewater, industriallcommercial
effluent, or "wash down"). /V t,4 e -
. Water supply source / .? ! I
If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public beach cc mays or pro-
vide new access.
the owner.
Will a disposal area be available for future
maintenance?
If so, where?
Does the disposal area include any marshland,
swampiand.'or water areas? n c
Will the fill material be laced below mean
high water? ?
?i /
Amount of fill in cubic yards V ??
Type of fill rpaterral
Source of fill material . -
Will fill material be placed/ an marsh or other
wetlands?
Dimensions of the wetland to be filled
q. How will excavated or fill mate ial be kepi one
site and erosion controlled? 1- r (-
What type of construction equipment will be
used (for example, dragiine, l?ac}ch?`oe, or
hydraulic dredge)?}`- 1' e
s. Will wetlands be crossed in transporting equip-
ment to the project site? if yes. explain
the steps that will be taken to lessen en-
vironmental impacts.
o. If the project is on the oceanfront, what will
be the elevation above means level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
other (break-
water, Pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level ding 12 months,
c. Shoreline erosion during preceding
feet
d. Type of bulkhead material _
e. Amount of fill, in cubic yards, to be placed
below mean high water _
f. Type of fill material _
2
k.
m
n
0
p
Length Width Depth
;.S?iADDITIONAT:.'IINFORMATION
In addition 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 SA 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
Address C Q 1- -+s 4 M+ µ- cL
Name Zt, LI +
Address ^21 G L
Name
Address
A list of previous state or federal permits issued
for work on the project rmct. Include permit
numbers, permittee, and issuing dates.
C4M404 H- fG -
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 PERMIS
SION TO INTER ON LAND-'. l
Any 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.
I 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
Landowner or Authorized agent `-?4
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
NOT rO SCALE )
: OLEANDEIRI DR.
LOCH TION MAP
HE BEARING DISTANCE
1 N 42'01' 54' W 653.57
2 N 88' 27' 10' E 34.93
3 N 61' 40' 40' E 17.85
4 N 57' 27' 39" E 26.63
5 N 70' 51' 44" E 25.74
6 N 44' 12' 14' E 29.57
7 N 53' 25' 38" E 112.39
8 N 32' 35' 44' E 25.54
9 N 04' 18' 56" E 27.54
10 N 09' 15' 41" E 25.62
11 N 12' 47' 52' E 28.03
12 N 15' 35' 50' W 21.47
13 N 49' 25' 28' E 27.13
14 S 85' 03' 51' E 23.42
15 S 50'02' 44" E 32.40
16 S 29,25' 15' E 43.32
17 S 01' 15' 22' W 27.46
16 S 53' 23' 03' W 32.71
19 S 34' 36' 40' W 25.24
20 S 15' 39' 31' W 45,0S
21 S 26' 45' 51' E 33.35
22 5 11' 13' 19' E 30.75
23 S 09' 50' 36" E 34.32
24 S 16' 18' 35' E 25.68
25 S 80' 43' D8' E 33.69
26 S 89' 15' 16" E 37.49
27 N 78' 33' 33" E 37.08
28 N 67' 54' 31' E 46.77
29 N 82' 22' 25' E 41.89
30 S 83' 57' 02' E 33.30
31 S 87' 07' 22" E 35.94
32 S b' 56' 52 E 43.16
33 S 48' 31' 55' E 40.35
34 S 00' 43' 27" E 38.06
35 S 21' 18' 11' W 32.31
36 S 14' 46' 13' W 16.41
37 S 31'10'51"W 25.17
38 S 00' 30' 35' E 21.29
39 N 82' 00' 25' E 41.37
40 5 87' 30' 59' E 39.39
41 N 75'34' 57' E 45.22
42 N 77' 02' 51' E 20.45
43 N 19' 26' 12" W 40.23
44 N 45' 28' 52' E 14.75
45 N 86' 45' 12" E 34.95
46 5 63' 47' 26' E 20.68
47 S 63' 19' 48' E 29.40
48 S 26' 56' 51' E 36.59
49 S 06' 20' 34' E 30.06
50 S 09' 24' 35" E 35.79
51 5 04' 40' 44' E 67.86
52 3 01' 34' 58' E 46.61
53 3 02' 05' 51' W 44.47
54 5 05' 16' 43' E 34.31
58 S 12' 31' 48' W 30.09
56 S 70' 12' 55' W 14.08
57 N 45' 36' 15' W 16.16
56 S 66' 41' 21' W 24.82
59 S 69' 57' 57' W 23.54
60 5 55' 49' 50" W 35.99
61 S 71' 44' 23' W 36.07
62 N 62' 43'01" W 16.33
63 N 29' 40' 25' E 34.69
64 N 13' 50' 34" W 19.17
65 N 76' 16' 56' W 46.87
66 S 44' 37' 50' W 29.68
67 S 22' 25' 38" W 38.60
68 S 36' 33' 11' W 30.54
69 5 59' 24' 35" W 26.77
70 S 77'44' 04' W 31.31
71 N 25' 27' 25" W 31.21
72 N 62' 41' 16' W 52.23
73 N 49' 46' 47" W 31.16
74 S 50' 20' 20' W 40.89
GE 27, D .B. 767 PACE 390
A
P
38 ACRES f TA
Not For Records ion
Conveyance or Sales
PRELIMINARY SKETCH OF
CEDAR ISLAND NORTH
(KNOWN AS CEDAR GROVE)
HARNETT TOWNSHIP, NEW HANOVER COUNTY, N. CAROLINA
100 50 0 100
SCALE IN FEET
., a 100
HAWVER DESIGN SERVICES, PA.
LAND SURVEYORS & LAND PLANNERS
7HE COrrm EXCHANGE
321 NORTH FRONT STREET
WILMINGTON, N.C. 28401
PHONE: [phone]

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199200993 February 6, 1992
PUBLIC NOTICE
CEDAR ISLAND NORTH ASSOCIATION, 1146 Shipyard Boulevard, Wilmington, North
Carolina, 28403, has applied for a Department of the Army (DA) permit TO
AUTHORIZE THE DISCHARGE OF EXCAVATED MATERIAL ASSOCIATED WITH THE
EXCAVATION OF WETLANDS ADJACENT TO GREENVILLE SOUND, AT THE END OF OLD
MILITARY ROAD, ON CEDAR ISLAND IN Wilmington, Now Hanover 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 that the existing delineated wetland is approximately 130
feet long by 100 feet wide, or about three quarters of an acre. It is
essentially surrounded by high ground with little direct connection to
the adjacent marsh, and may have been an old borrow pit. The wetland area is
vegetated with predominantly FACW and OBL type hydric vegetation and has a
seasonal high water table at or near the surface of the ground.
The applicant wishes to excavate the wetland in its entirety to eliminate
unsightly, mosquito breeding habitat in order to enhance the proposed
development. All equipment is to be located on high ground and minimal
disturbance of the surrounding ground will occur. The applicant is requesting
authorization for potential temporary placement of spoil material in the
wetland area which may result during excavation. The end result of the work
will be that all wetlands are excavated and all spoil material is located on a
high ground disposal site. The purpose of the work is to create an
aesthetically pleasing waterbody within a proposed high ground development.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500.
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
(DEM).
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
(NCDCM).
t .

-3-
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding *sentence and any other applicable
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 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
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
March 2, 1992.
4 . f

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1 A 16 If
ELI F rAOE 27.O.L 767 PACE 396
P R
Not For Racorda"tion
Conveyance or Sales
PRELIM/NARY SKETCH OF
CEDAR ISLAND NORTH
(KNOWN AS CEDAR GROVE)
HARNETT TOWNSHIP. NEW HANOVER COUNTY, N. CAROUNA
LOC. 77ON MAP
#or ro scALE 1
OLLM,OU 0".
? ? ? ? b 3e
r
LNE 9EARNO OISTANCE
1 N 42' 01' 54' w 603.57
2 N 66' 2r 10" E 34.93
3 N 61' 40' 40" E 17.67
4 N Sr 2r 39' E 26.63
5 N 77 SI' 46" E 23.74
6 N 44' 12' 14' [ 29A7
,
1
7 N S3' 25' 36' [ 2
112
6 N 3r 35' M' [ 25.34
9 N 04' 16' 76" E 27.54
10 N 09' 16'41't 26.62
11 N 12' 4r Sr c 2903
12 N 15' 3S' 50' W 21.47
13 N 49' 25' 26' E 27.13
14 S 65' 03' 51' E 23.42
15 S 50' 02' N" E 3240
16 S 29' 25' 15 ' E 4132
17 S 01' 1S' 22' w 27.46
16 S 53' 23' Or w 33.71
19 S 34' 36' 40' W 25.24
20 S 1S' 311' 31' w 45.09
21 S 26' 45' 71' E 33.33
22 S I V 13' 19" E 30.75
23 S 09' 50' 36' E 34.32
24 S 16' 16' 35" E 25.66
25 S 60' 46' 06' E 33.69
26 3 99' 15' 16' E 37.49
27 N 76' ON 33" t 37.05
26 N or 54' 31' [ 46.77
29 N 62' 22' 25' t 41.69
30 S 63' sr or E 3130
31 s or or 2r t 35.94
32 S 44'56' 52' E 4116
33 S 44'31' 55' t 40.33
34 S 00.43' 2r E 36.06
33 S 21' 16' II' W 32.31
36 S 14.46' 13' W 16.41
37 S 31' 10' St' W 23.17
39 s 00.30' 33' E 21.29
39 N or o0' 26" t 41.77
40 s or 30' 59' E 39.39
41 N 73' 34' Sr E 43.22
42 N 7r Or 31* t 20.45
43 N 1Y26'1rw 40.23
44 N 45' 26' 52' E 14.73
45 N 66' 45' I r [ 34.95
N S 63' 4r 26" [ 20.66
47 S 93' 19' 4r t 29.40
46 S 26' S6' 51' E 36.59
N S 06' 27 34' E 30.06
50 S 09' 24' 35' E 35.79
51 S 04.40' 46' t 67.66
52 s 01.34' 56' E 46.61
53 S 02' 05' 51' W 46.47
54 S OW 16' 43' t 34.31
55 S I r 31' 46• W 30.09
N S 7712' 53'W 14.04
37 N 43' 36' 15' W 16.16
36 S 66' 41' 21' W 34.62
S9 S 69' Sr Sr W 23.64
60 S 35' N' 50• W 35.99
61 S 71' M' 23' W 36.07
62 N or 43'01' W 16.33
43 N 29' 40' 25' t 34.69
N N 13' 50' 34' W 11.17
63 N 76' 16' 54' w 46.67
N S 46' 3r SO" w 29.66
67 S 22' 23' 38' w 3160
SO S 36' 33' 11' w 30.54
69 S S9' 24' 30• W 26.77
70 S "'44' 04' W 31.31
71 N 2Y 2r 2Y w 31.21
72 N or 41, IS, w 32.23
73 N 49'46'4rw 31.16
74 S 50' 20' 20" W 40.69
100 70 0 100
SCALE IN FEEr
100
HAWVER DESIGN SERVICES, PA.
LANO SURVEYORS 4Y LAND PLANNERS
W Cormv CwOY fir T T
321 NORTH FRONT STREET
WILMINGTON, N.C. 28401
PHONE [phone]
4
, -
DEPARTMENT OF THE ARMY ('? Wilmington District, Corps of Engineers ??Post Office Box 1890 v, Wilmin ton North Carolina 28402-1890 g p?_
Action ID. 199200993 February 6, 1992
PUBLIC NOTICE
CEDAR ISLAND NORTH ASSOCIATION, 1146 Shipyard Boulevard, Wilmington, North
Carolina, 28403, has applied for a Department of the Army (DA) permit TO
AUTHORIZE THE DISCHARGE OF EXCAVATED MATERIAL ASSOCIATED WITH THE
EXCAVATION OF WETLANDS ADJACENT TO GREENVILLE SOUND, AT THE END OF OLD
MILITARY ROAD, ON CEDAR ISLAND IN Wilmington, Now Hanover 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 that the existing delineated wetland is approximately 130
feet long by 100 feet wide, or about three quarters of an acre. It is
essentially surrounded by high ground with little direct connection to
the adjacent marsh, and may have been an old borrow pit. The wetland area is
vegetated with predominantly FACW and OBL type hydric vegetation and has a
seasonal high water table at or near the surface of the ground.
The applicant wishes to excavate the wetland in its entirety to eliminate
unsightly, mosquito breeding habitat in order to enhance the proposed
development. All equipment is to be located on high ground and minimal
disturbance of the surrounding ground will occur. The applicant is requesting
authorization for potential temporary placement of spoil material in the
wetland area which may result during excavation. The end result of the work
will be that all wetlands are excavated and all spoil material is located on a
high ground disposal site. The purpose of the work is to create an
aesthetically pleasing waterbody within a proposed high ground development.
Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500.
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
(DEM).
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
(NCDCM).
-2-
c. The issuance of a permit under the North Carolina Coastal Ara
Management Act (LAMA) by the NCDCM 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- 146-11,
and 146-12 by the North Carolina Department of Administration and th North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan bythe 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- 6).
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 fact rs 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 404 of he Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be hel 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 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 Registe
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 S ecies 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 pro able
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
n
-3-
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
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 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
serve as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
March 2, 1992.
-4-
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the No th
Carolina Division of Environmental Management, Post Office Box 2768 , Raleigh,
North Carolina 27611-7687, on or before February 24, 1992, Attentions
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined ab ve, will
be received in this office, Attention: Mr. Jeff Richter, until 4:1 p.m.,
March 6, 1992, or telephone [phone].
D
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511 1 A 19
E L I PAGE 27, 0.6. 767 FACE 396
P R
38 cord7Rion
Not For ae
Conveyance or Sales
PRELIM/NARY SKETCH OF
CEDAR ISLAND NORTH
(KNOWN AS CEDAR GROVE)
HARNETT TOWNSHIP, NEW HANOVER COUNTY, N. CAROLINA
LOC.4 TION MAP
( Nor ro sCALE 1
OLEANDER OR.
y
`-13
/Y Ta
LINE BEARING DISTANCE
I N 42' 01' 54' W 653.57
2 N 66' 2r 10' E 34.93
3 N 61' 40' 40' E 17.95
4 N 57' 2r 39' E 25.63
5 N 70' 51' 44' E 25.74
6 N 44' 12' 14' E 29.57
7 N 53' 25' 36' E 112.39
6 N 32' 35' N' E 25.34
9 N 04' 16' 56' E 27.54
10 N 09' 16' 41' E 26.62
11 N i r 4r 52- E 2603
12 N 15' 35' 50' W 21.47
13 N 49' 25' 26' E 27.13
14 S 65' OS 51' E 23.42
IS S 50' 02' 44' E 32.40
16 S 22125' 15' E 43.32
17 SOV1S'22'W 27.46
16 S 53' 23' 03' W 32.71
19 S 34'36' 40' W 25.24
20 S IS' 39' 31' W 43.09
21 S 26' 45' 51' E 33.35
22 S 11' 13' 19' E 30.75
23 S 09'50* 36' E 34.32
24 S 16' 16' 35' E 25.66
23 S 60' 45' 06' E 33.69
26 S 89' 15' 16' E 37.49
27 N 76' 33' 35' E 37.06
25 N 67-54- 31' E 46.77
29 N 62' 22' 25' E 41.69
30 S 63' Sr 02' E 33.30
31 S 67' Or 22' E 35.94
32 S 48'56' 32' E 43.16
33 S 4r 31' 55' E 40.35
34 S 00' 43' 2r E 35.06
35 S 21:15 ' II- W 32.31
36 S 1446' 13' W 16.41
37 S 31' 10' 51' W 25.17
36 S 00' 30' 35' E 21.29
39 N 62' oo' 26' E 41.37
40 S 6r 30' 59' E 39.39
41 N 7534' 37' E 45.22
42 N 7r or St' E 20.45
43 N 19' 26' 12' W 40.23
44 N 45' 26' 52' E 14.75
43 N 66' 43' I r' E 34.93
46 S 63' 4r 26' E 20.65
47 S 63' 19' 46' E 29.40
48 S 26'58' St' E 36.59
49 S 06' 20' 34' E 30.06
SO S 09' 24' 35' E 35.79
51 S 04' 40' 44' E 67.66
52 S 01' 34' S6' E 46.61
53 S 02'05' 51' W 44.47
34 S OS' 16' 43' E 34.31
53 S 12' 31' 46' W 30.09
36 S 70. 12' 53' W 14.06
37 N 45' 36' 15' W 16.16
36 S 66'41' 21' W 24.62
59 S 69' 37' 57' w 23.64
60 S 35' 49' 50' W 35.99
61 S 71' "' 23' W 36.07
62 N 62' 43'01' W 16.33
63 N 29' 40' 25' E 34.69
64 N 13' 50' 34' W 19.17
6S N 76' 16' 56' W 46.67
66 S 44. 3r 50' W 29.66
67 S 22' 25' 36' W 36.60
66 S 36' 33' 11' W 30.34
69 S 59' 24' 35' W 26.77
70 S 77' 44'04' W 31.31
71 N 25' 2r 25' W 31.21
72 N 6Y 41' 16' W 32.23
73 N 49' 46' 47' W 31.15
74 S 50' 20' 20' W 40.69
100 50 0 100
SCALE IN FEET
_ 100
HANOVER DESIGN SERVICES, PA.
LANG SURVEYORS & LANO PLANNERS
me corrav EXCNANGC T T
321 NORTH FRONT STREET
WILMINGTON, N.C. 28401
PHONE. [phone]
L J Fill
{ ?q DEPARTMENT OF THE ARMY
•? - WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 5, 19925, 1992
Regulatory Branch
Action ID. 199200993
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
Dear Mr. Dorney:
pG ? ?
Enclosed is the application of the Cedar Island North Association, for
Department of the Army authorization and a State Water Quality Certification
to excavate a three quarters of an acre wetland area, possibly an old borrow
pit, near Greenville Sound, on Cedar Island at the end of old Military Road,
in Wilmington, New Hanover County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative regulations.
We are considering 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 April 7, 1992, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, telephone
[phone].
Sincerely,
ne Wri t
hief, Regulatory Branch
Enclosure