19920429 Ver 1_COMPLETE FILE_19920818

s-l..y 4r,

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street - Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary August 24, 1992 Acting Director
Mr. J. Carl Dempsey
University of NC - Wilmington
601 South College Road
Wilmington, NC 28403
Dear Mr. Dempsey:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed construction of pier, roadway, cul-de-sac and
shed for a marine research/education center
Project # 92429
New Hanover County
Attached hereto is a copy of Certification No. 2772 issued
to University of N.C.-Wilmington dated August 24, 1992.
If we can be of further assistance, do not. hesitate to
contact us.
Sincerely,
Or
P eston Howard,P.E.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
REGIONAL OFHCLS
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 9 19/57 1-4700 919/946-6481 9 19/395 -3900 9 19/896 -7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
-r . -A.
NORTH CAROLINA
New Hanover Count
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to University of NC - Wilmington pursuant to an application filed
on the 30th day of July 1992 to build a pier, roadway, cul-de-sac
and shed for a marine research/education center.
The Application provides adequate assurance that the
discharge of fill material into the waters of Myrtle Grove-Sound
in conjunction with the proposed road and cul-de-sac in New
Hanover County will not result in a violation of applicable Water
Quality Standards-and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate
Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are
not considered significant).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 24th day of August, 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
O IO O?
. P eston Howard, Jr. E.
WQC# 2772
?w
?t
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W Cobey, Jr., Secretary
July 21, 1992
T0: A. Preston Howard, Jr., P.E., Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits Processing Section
SUBJECT': CAMA,/Dredge & Fill Application Review
Applicant: J. Carl Dempsey
Roger N. Schecter
Director
p,ECEIVED
Al1G ' , 'r
Wilmington neglonal Offs"
prp4
Project Location: 5001 Masonboro Loop Road, adjacent to Myrtle Grove Sound in Nre
Hanover County.
Proposed Project: The applicants propose to construct a pier, roadway, and shed to
serve as a center for marine research and education for the State University
system.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 11, 1991. If you have any questions regarding the proposed
project, please contact Tere Barrett at extension 246. When appropriate, in-depth
conunents with supporting data are requested.
REPLY This agency has no objection to the project as proposed.
This agency has no czmwmt on the proposed project.
This agency approves of the project, only if the recamTended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached ocalunents.
Signed ,?? (l( T Date elm /?Z
1271Cardinal Drive Extension • Wilmin on, North Carolina 28405-3845 • Telephone [phone] • Fax [phone]
An q.1 Opportunity Affirmative Action Employer
V40004
The University of North Carolina at Wilmington
Wilmington, North Carolina 28403-3297
Business Affairs
Associate Vice Chancellor
August 13, 1992
A
Mr. G. Wayne Wright
Chief Regulatory Branch
Dept. of Army
Wilmington District, Corps of Engineers-,-,-
P.O. Box 1890 Wilmington, N.C. 29402-1890
Dear fir. Wright:
?a
919-395-3151
This letter is in response to your letter concerning the
University of North Carolina at Wilmington's application for
authorization to construct a pier and establish a roadway. I hope
the following information will be sufficient for you to process
this application accordingly.
Establishing a pier is essential if the Center for Marine
Science Research at UNCW is to be successful in fulfilling its
mission. In fact this pier will be the hub for most of the marine
related activities that take place and access to the water is
essential.
in the initial planning stage of this project every effort was
made to avoid dredging and filling to the maximum extent possible.
In fact the pier was extended in order to avoid dredging. The
width and length of the T-section of the pier was reduced in size
and the size and number of floating docks were reduced to avoid
more bottom disturbance.
The plan calls for the pier to be located directly in front of
an existing road. This location was chosen because it would avoid
and minimize the impact on wetlands. A new route for the road
would have had a much greater impact. The plan originally called
for part of the existing road to be widened to 18 feet in the low
lands. After the roadway was delineated for wetlands, it was
decided to ask for approval to improve the existing roadway only.
Again this was an effort to select the least damaging alternative
plan. Also the cul-de-sac was reduced in size from the original
plan to lessen the impact on wetlands. The cul-de-sac is requested
to allow for loading and unloading of heavy equipment. The shed
requested will be on pilings and the pier will be at a height that
will allow for proper sunlight and water flow.
Teaching - Researrh - Smrc ire
A constituent institution of The University of North Carolina - C. D. Spangler, Jr.. President
an equal opportunity employer

Mr. a. Wayne Wright
August 13, 1992
Page 2
Realising that appropriate and practical mitigation will be
required for all unavoidable adverse impacts, the University will
do the following if requested:
(a) remove two existing buildings that are located in
wetlands;
(b) grade and vegetate with wetland species the area where
the buildings are standing;
(c) long range plans for site development will call for
buildings to be placed in non-wetland areas.
These are the most practical measures that can be taken to
employ appropriate and practical mitigation.
In closing, I would like to point to the fact that in planning
for this project, extreme care was taken to minimize adverse impact
on waters and wetlands in the area. After reviewing this
information if you find you have questions or need additional
information, please feel free to contact me.
Copy
Furnished:
Mr. John Dorney
Division of Environmental
N.C. Dept. of Environment,
and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27687
Dr. James Merritt, CMSR
Sincerely,
JManagement
Health

D
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CANA MAJOR PERMIT APPLICATION REVIEW
PROJECT NAME: J. Carl Dempsy
COUNTY: New Hanover Project #: 92429
STREAM OR ADJACENT WATER BODY: Myrtle Grove Sound
CLASS: SA ORW
OPEN OR CLOSED: Open
STORMWATER PLAN REQ'D: Yes
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to construct a pier,
roadway, and shed to serve as a center for marine research and
education for the State University system.
r? S5
REVIEWER: Gregso JOINT NOTICE: Yes n Q U.`'
DATE APP. RECD: 92 08/07 RECOMMENDATI0
RETURNED: (ISSUE/DENY ER)
RESUBMITTED:
INITIAL REPORT
FINAL REPORT: 92/08/13 WETLANDSGR'f. ,
WATER UALITY ?;^ __
WATER QUALITY CERT. (401
CERT. REQ'D: Yes
IF YES, TYPE: Individual Certification for the construction
of the road and cul-de-sac.
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: Existing lift station to county
system
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY: N/A
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL: WATER: N/A
WETLAND: 9176 sq. ft.
IS FILL ELIMINATING A SIGNIFICANT USE? No
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? N/A
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A
MARINA
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.)
92429.Aug
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
The applicant has minimized impacts to 404 and coastal
wetlands by reducing the width of the road and constructing the
shed on pilings over 404 and not coastal wetlands. Additionally
the project will have public benefit by providing a marine
research site for the State University system.
The 401 Certification should contain the following
conditions for the construction of the road.
1. That fill be from a clean upland source, free from
toxic material.
2. That erosion controls be in place prior to filling.
3. That the side slopes of the roadway be stabilized with
vegetation as soon as possible to prevent erosion.
4. That the project be done in such a manner so as to not
cause turbidity outside the immediate construction area
to exceed 25 NTU.
JHG:92429.Aug
cc: Central Files
Wilmington Regional Office Files
DCM-Tere Barrett
John Parker
SAAR
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
July 21, 1992
IH243RANEUM
TO: A. Preston Howard, Jr., P.E., Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits Processing Section
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: J. Carl Dempsey
Roger N. Schecter
Director
Project Location: 5001 Masonboro Loop Road, adjacent to Myrtle Grove Sound in Nre
Hanover County.
Proposed Project: The applicants propose to construct a pier, roadway, and shed to
serve as a center for marine research and education for the State University
system.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form by August 11, 1991. If you have any questions regarding the proposed
project, please contact Tere Barrett at extension 246. When appropriate, in-depth
comments with supporting data are requested.
REPLY
Signed
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 reccnmiended
changes are incorporated. See attached.
This agency objects to the project for reasons described in the
attached comments.
Date
127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845 • ldcphonc (919) 395-39(X) • lax (919) 35(12(04
An [-qua] Opportunity Affirmative Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. Applicants name J. Carl Dempsey
2. Location of project site 5001 Masonboro Loop Rd., adiacent to Myrtle Grove
Sound in New Hanover County.
PHOTO INDX: 1989: 178-23, Grids ll-g,h.i 1984: 17-217, Grids 8-k,l,m
STATE PLANE COORDINATES: X: 2343800 Y: 144000
3. Investigation type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 3-11-92 7-7-92
(B) Was applicant present yes yes
5. Processing procedure: Application received CC 7-20-92 Office WiRO
6. Site description:
Protection
(B) AEC(s) involved:
(C) Water dependent:
(D) Intended use:
(A) Local Land Use Plan New Hanover County
Land Classification from LUP Conservation/Resource
Ocean Hazard Estuarine Shoreline X
Coastal Wetlands X Public Trust Waters X
Estuarine Waters X Other ORW
Yes X No Other
Private State University System X
(E) Type of waste water treatment: Existing Private Sewer System
Planned Same
(F) Type of structures: Existing House
Planned Road Shed Pier Dock
(G) Estimated annual rate of erosion N/A Source
7. Habitat description: AREA
Dredged Filled Shaded
(A) Vegetated wetlands:
High marsh (See Report)
High marsh (See Report)
Designated 11404" wetlands
Low Marsh (Spartina alterniflora)
(C) Other:
Open Water
Hiah Ground
(D) Total Area Disturbed:
9176 s.f.
39212 s.f.
48388 s.f.
(E) PRIMARY NURSERY AREA: YES X NO
1602 s.f.
180 s.f.
600 s.f.
1440 s.f.
4417 s.f.
8239 s.f.
(F) WATER CLASSIFICATION: SA-ORW OPEN: YES X NO
8. Project Summary The applicants propose to construct a pier, roadway, and shed to
serve as a center for marine research and education for the State University system._
9. PROJECT DESCRIPTION
The project site is located at 5001 Masonboro Loop Rd. (S.R. 1492) adjacent to
Myrtle Grove Sound in New Hanover County. UNC-Wilmington is the applicant. The
school has owned this property since 1974 with the hopes of using it for a
marine research center at some time. The budget has now allowed for
improvements to the site. The entire property is 42.42 acres. This runs from
Masonboro Loop Rd. to Myrtle Grove Sound. There is an existing dirt road
leading into the property and following through to the water. There are Pocosin
type wetland pockets located at several spots throughout the lot. These have
been identified, but not surveyed, by a consultant with the University. For the
purpose of this project, all that was necessary to identify was the area to be
effected by this project. Jeff Richter with the U.S. Army COE has been to the
site and identified 11404" wetlands within the project area. This line has been
surveyed and submitted with the application plats.
The waters of Myrtle Grove Sound are classified SA-ORW by the Division of
Environmental Management. The area is designated Primary Nursery by the
Division of Marine Fisheries, and is open to shellfishing. The area to the
north is closed to shellfishing.
The overall plan for this site is very tentative and long range, and will be
subject to availability of funding. The ultimate plan is to have a central
office building, a shellfish sanitation building, a meteorology building, and
an ocean support building. The site would serve as the education site for all
marine related courses, as well as a research station. However, none of this
is in the current stages of planning, nor are they proposed on this application.
Any future work will be in accordance with all local, state, and federal
regulations. Very little future development will fall within the 575'
Outstanding Resource Waters Area of Environmental Concern. Though most of the
site is high ground, and there should be no problem in constructing the sort of
facility anticipated, construction location will be subject to design around the
wetlands present at various locations on the site.
The current proposal is to maintain the existing roadbed, providing a turn -
around to prevent expanding the road to two lanes, a pier and docking facility
for research vessels, and a structure to serve as storage and to house the
Division of Coastal Management Estuarine Reserve Research Program. These are
the immediate plans. Currently on the site, there are two old buildings located
in coastal marsh. These are to be removed when new construction begins. There
was an older house on the high ground, approximately 1300' from mean high water,
which has been replaced with a modular structure.
In maintaining the existing unimproved road, a total of 48,386 square feet will
be disturbed. A Sedimentation/Erosion Control plan has been submitted for
approval, as has a Stormwater plan. The road is to be covered in marl, and
begins at Masonboro Sound Road with an 18' width. This two - car width extends
for approximately 2114' through a wooded high ground area of pines and oaks.
At this point, as it approaches the designated 11404" wetlands line, the road
narrows to 9' wide. This extends another 725' to the cut - de - sac. The cul -
de - sac is necessary for vehicle turn - around because of the marrow roadwidth.
The cul - de - sac has a 70' diameter which was determined to be the least
necessary to serve the purpose. Approximately 592' of this road section passes
through various sedges, ferns, oaks, maples, pipewort, marsh elder, and grasses
designated as 11404" wetlands.
At a point just waterward of the proposed cul - de - sac, the system becomes
that of coastal marsh, vegetated mostly with Distichlis spicata, mixed with
Spartina patens, Salicornia spp., and Limonium carolinianum. Juncus roemerianus
occurs off to both sides. After approximately 178' of high marsh, this gives
way to Spartina alterniflora. There is an embayment of low marsh to the north
of the project area which fingers into the high marsh at this point. The low
marsh continues for approximately 78' before encountering a berm (approximately
20' across) of Spartina patens, Borrichia frutescens, Juncus roemerianus, and
Iva frutescens. On the waterward side of this berm, Spartina alterniflora is
consistent for approximately 82' to the point of open water.
An elevated pier is proposed to cross this coastal marsh area. The structure
in its entirety would be 756.3' in length. The structure itself is proposed to
be 9' in width. This exceeds the normal pier widths of 4' to 61. The extra
width is necessary to transport equipment by vehicle across a 756' structure to
the research vessels. At the end of the pier, there will be a dock, 9' x 651.
This will have two floating structures connected to the pier on the landward
side of the dock, each 5' x 251. With 740 linear feet of waterfrontage, this
structure will be well offset from the adjacent riparian corridors. The
structure will stop 85' from the drop to the AIWW. Surveys showed there to be -
4' of depth at mean low water at the project end. The applicants first
anticipated attempting to obtain a variance to dredge in order to obtain the
necessary water depth. But in surveying for this request, they were surprised
to learn that they have adequate water depth. The body of water at this point
is approximately 960' across. The pier extends approximately 398' into this
body of water.
The proposed shed is 20' x 301, elevated over the designated 11404" wetlands at
the cul - de - sac end. The original proposal was to locate this structure in
the coastal marsh. This was in order to store expensive equipment somewhere
other than in the boats, and yet close enough to access the boats. Because of
the inconsistency with Division of Coastal Management regulations, this
structure was moved to the landward end of the pier over the federal wetlands.
10. ANTICIPATED IMPACTS
Approximately 39,212 square feet of high ground will be filled with marl to
improve the dirt road. Improving this road and cul - de - sac will result in
the loss of approximately 9176 square feet of designated 11404" wetlands. The
shed will incorporate but not fill approximately 600 square feet of these same
wetlands. The pier will shade approximately 1602 square feet of mixed high
marsh (predominantly Distichlis spicata, with Spartina patens, Salicornia spp.,
and Limonium carolinianum), approximately 180 square feet of high marsh
(predominantly Spartina patens, Borrichia frutescens, Juncus roemerianus, and
Iva frutescens), and 1440 square feet of Spartina alterniflora marsh. The
remainder of the pier and the dock structure will incorporate 4417 square feet
of Public Trust Area.
Submitted by: Tere Barrett Date: 7/20/92 Office: Wilmington
Please type or print. Carefully describe all anticipated
development activities, including construction, excava-
tion, tilling, paving, land clearing, and stormwater con-
trol. If the requested information Is not relevant to your
project, write N/A (not applicable). Items 1-4 and 8-9
must be completed for all projects.
1 APPLICANT
a. Name .1 . Carl Dempsey
Address 601 S. College Road
City Wilmington State
Zip 28403 Day phone
N. C.
395-3151
Landowner or X Authorized agent
b. Project name (if any) establish a pier for
marine science
c. If the applicant is not the landowner, also give the
owner's name and address.
Universitv of North Carolina
at Wilmington
601 S. Colleqe Road
Wilmington, N.C. 284U3 1'!:?
2 LOCATION OF PROPOSEER
PROJECT fa'i'l
Street address or secondary road numbeF.
5001 Masonboro Loop Road
roa ".Q4
b. City, town, community, or landmark
Wilmington, N.C. 28409
C. County
New Hanover
d. Is proposed work within city limits or planning
jurisdiction? No
e. Name of body of water nearest project
Myrtle Grove Sound
3 DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. Describe all development activities you propnse (for
example, building a home. motel, marina, bulkhead,
or pier). building a pier; establish a
cul-de-sac: improve existing roadway;
build shed (on pilings)
If you plan to build a marina, also complete and
attach form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or both?
Both
e. Will the project be for community, private, or
commercial use?
University Research (community)
and education
d. Describe the planned use of the project.
This project will allow for marine
research and education under the
directions of UNCW
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 42.42 approx. acres
highland - 9.4 marsh
Size of individual lot(s) N/A
w
u_ ? Elevation of tract above mean sea level or
c (D National Geodetic Vertical Datum
Z 0-27
U <
U?d= Soil type(s) and texture(s) of tract
? ¢ Loamy sand & fragmented shells
o<
e< Vegetation on tract marsh grass bay bushes,
O black needle rush, mixed hardwood & pines
U fishing shack
f. Man-made features now on tract boat house
g. What Is the LAMA Land Use Plan Classification of
the site? (Consult the local land use plan.)
X Conservation Transitional
Developed Community
Rural Othrr
h. flow is the tract zoned by local govemment7
special use office & institutional
1. flow are adjacent waters classified?
ORW
J. flan a professional archaeological survey been
carried out for the tract? Yes If so, by whom?
Sociology & Anthropology
departments - UNCW _
12/89
5 UPLAND DEVELOPMENT
JJJN 18 1992
Complete this section if the project includes any land DW;` 'N OF
development.
COASTAL Cape Fear Utilities Water
a. Type and number of buildings, facilities, or m. Water supply source SuTTT_main-?rr_Laop_Rd_
structures proposed roadway, pier, cut-de-
sac, shed
b. Number of lots orparcels One
c. Density (Give the number of residential units and tie
units per acre.) N/A
d. Size of area lobe graded or disturbed
Approx. 48,386 or 1.11 acres
e. If (lie proposed project will disturb mote than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins.
If applicable, has a sedimentation and erosion
control plan been submitted to the Division of Land
Resources7 sedimentation & erosion - control
plan in process
i. Give the percentage of die tract within 575 feet of
mean Ngh water to be covered by Impermeable
surfaces, such as pavement, buildings, rooftops.
4% within 575 - .7% of total tract
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
h. If applicable, has a storinwatcr managcrricnt plait
been submitted to the Division of Environmental
Management? In process
1. Describe proposed sewage disposal and/or waste
water treatment facilities.
See Attachment 2
n. if the project is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the projecl is on the oceanfront, what will be the
elevation above mean sea level of the First habitable
floor7 N/A _
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excavation
or fill ac,ivities (excluding bull'Jieads, which are
covered in Section 7).
Access Channel
(MLW) or (NWI,)
Boat basin
Other(brcak-
water, pier,
boil ramp,
rock jetty)
Fin placed in
wetland or below
M11W
J. Have these facilities received state or local approval? Upland fill
None required areas
k. Describe existing treatment facilities.
Lift Station
1. Describe location and type of discharges to waters of
the state (for example, surface nhnoff, sanitary
wastewater, industrial/comniercial effluent, "wash
down"). -
b. Amount of material to be excavated from below
water level in cubic yards
Length Width . Depth

763.5 9
592
70'(D) 9 feet
cul-de-
sac
35'(R) _
2113.86
129.14 18'
9
C. Type of material
d. Does the area to be excavated include marshland,
swamps, or other wetlands?
C. High ground excavation, in cubic yards
12/99
. L Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal areal
If not, attach a letter granting permission from the
owner.
Will a disposal area'be available for future
maintenance?
If so, where?
J. Does tine disposal area include any marshland,
swamps, or water areas?
k. Will die fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of fill material
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be filled
592 x 9-351(R) cul-de-sac
q. flow will excavated or rill material be kept on site
and erosion controlled?
Silt fencing
r.
What type of construction equipment will be used
(for example, dragUne, backboe, or hydraulic
dredge)7 Motor Grader - Backhoe -
Will wetlands be crossed in transporting equipment
to project s ? If yes, explain steps that will
be taken to fs? t>vF!, er[i cis.
DIVISION C7
COASTAL MgPjit r--? jT
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
c. Shoreline erosion during preceding 12 months, in
feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mearr high water
L Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
Ing items must be submitted:
A copy of lire deed (with state application only) or other
Instrument under vadch 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 pemnission from tine owner to carry out
the project.
An accurate mork plat (including plan view and cross
sectional (lrawings) dram to scale in black ink on an 8
i/2 x i 1 white paper. (Refer to coastal Resources
Commission Rule 71.0203 for a detailed description)
Please hole that original drawings are preferred and
only high quality copies will be accepted. Blue line 9-19
prints or other larger plats are acceptable only if to high
quality copies air 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 ?Iat trgriiirments and It must be sufficiently detailed
to guide agency'persotmel unfamiliar with the area to file
site. include county road (SR) numbers, landmarks, and
the like.
A stottim-nler management plan, If applicablt', 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 (rlparlan) landowners. 'iliese
Individuals have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management and should be advised by the applicant of
that opportunity.
b. Average distance waterward of mean high water or
normal water level
Name Ms. Sue Holt
• Address 1335 Masonboro loop Rd.
Wilmington, N. C. 28409
1•• Name N. C. Lutheran Homes, Inc.
Address P. U. Box 947
a is ury , N. U. ZU14b
Name'
Address
A list of previous state or federal permits issued for
work on the project tract Include permit numbers,
permittee, and issuing dates.
_!Z_ 51V
A check for $"O-made payable to the 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. 11 3A-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 mariner 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 15 da of June 19 92 .
x
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ATTACHMENT 1
Tentative
n.S MILES to INTEgStCtio" OR
?MwSONeORO Lppp ROAD 6R'S1? AND MA
1'---------. N 2?'J?'!_as:,?o' SoHAO?o Loop ROM)
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Attachment 2
Effluent from existing and proposed buildings is delivered
through an 8 inch gravity sanitary sewer system to the wet-well of
,duplex above ground lift station and pumped a distance of
approximately 3,060 feet to a private sewer system located in
Barton Oaks Subdivision.
'7P74-
?1 n
SUN 18 1992
IDI\JIS10?4 OF
MANAGEMENT
COASTAL
DEPARTMENT THE ARM 7
WILMINGTON DIS RICT, OCORPS OF E dJR? l'1
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402- IND
IN REPLY REFER TO July 28, 1992
Regulatory Branch
Action ID. 199201502
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:
I
Enclosed is the application of the University of North Carolina at
Wilmington, represented by Mr. J. Carl Dempsey, for Department of the Army
(DA) authorization and a State Water Quality Certification to construct a pier
and place fill material in wetlands for road construction on and adjacent to
the Atlantic Intracoastal Waterway (AIWW), Myrtle Grove Sound, 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 DA 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 September 29, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
e
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
447 D
/7 q0?
•• Please type or print. Carefully nescnbe all anticipated
development activities, Including construction, excava-
tion. filling, paving, land clearing, and stormwater con-
tm). If the requested information is not relevant to your
pmje , write N/A (not applicable). Items 14 and 8-9
must a completed for all projects.
1 APPLICANT
a. Name J. Cari Dempsey
Address 601 S. College Road
City Wilmington State
Zip 28403 Day phone
N. C.
395-3151
Landowner or X Authorized agent
b. Project name (if any) establish a pier for
marine science
c. If the applicant is not the landowner, also give the
owner's name and address.
University of North Carolina
at Wilmington
n. N. U.
2 LOCATION OF PROPOSE[
PROJECT
a. Street address or secondary road numbeFA
5001 Masonboro Loo Road
b. City, town, community, or landmark
Wilmington, N.C. 28409
If you plan to build a marina, also complete and
attach form DCM-MP-2.
b. Is the proposed activity maintenance of an
existing project, new work, or WOO
Both
C. Will tine project be for community, private, or
commercial use?
University Research (community)
. and education
d. Describe the planned use of the project.
This project will allow for marine
research and education under the
directions of UNCW
4 LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 42.42 approx. acres
highland - 9.4 mars
Size of individual lot(s) N/A
L,_ ? Elevation of tract above mean sea level or
c 0 National Geodetic Vertical Datum
7z 0 - 27
U <
ind' Soil type(s) and texture(s) of tract
¢ Loamy sand & fragmented shells
o?
Vegetation on tract marsh grass bay bushes,
O black needle rush, mixed hardwood & Pines
U fishing shack
L Man-made features now on tract boat house
c. County New Hanover g. What is tine LAMA Land Use Flan Classification of
d. Is proposed work within city limits or planning the site? (Consult the local land use plan.)
jurisdiction? No
e. Name of body of water nearest project
Myrtle Grove Sound
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). building a pier; establish a
cul-de-sac: improve existing roadway:
-build shed (on pilings)
X Conservation Transitional
Developed Community
Rural Othcr
h. flow is the tract zoned by local govemment7
special use office & institutional
1. flow are adjacent waters classified?
ORW
J. Has a professional archaeological survey been
carried out for the tract? Yes If so, by whom?
Sociology & Anthropology
departments - UNCW
12/89
..
5 UPLAND DEVELOPMENT `
KIP
?,t?ru >w g 19 .
Complete this section if the project Includes any land DIVISION OF
development. COASTAL ' "
Cape Fear Utilities Water
a. Type and number of buildings, facilities, or in. Water supply source S-!fp1y - main on_l.oap_Rd .
structures proposed roadway, pier, cul-de-
sac. shed
b. Number of lots orparcels One
c. Density (Give the number of residential units and the
units per acre.) N/A
d. Size of area to be graded or disturbed
Approx. 48,386 or 1.11 acres
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 mid erosion
control plan been submitted to the Division of Land
Resources7 sedimentation & erosion - control
plan in process
f. Give the percentage of die tract within 575 feet of
mean high water to be covered by impermeable
surfaces, such as pavement, buildings, rooftops.
4% within 575 - .7% of total tract
g. List the materials, such as marl, paver stone, asphalt,
or concrete, to be used for paved surfaces.
Marl
It. If applicable, has a storrnwater manageriient pl.in
been submitted to the Division of Environmental
Management? In process
1. Describe proposed sewage disposal and/or waste
water treatment facilities.
See Attachment 2
J. Have these facilities received state or local approval?
None required
k. Describe existing treatment facilities.
Lift Station
1. Describe location and type of disclintges to waters of
the state (for example, surface nmoff, sanitary
wastewater, industrial/commercial effluent, "wash
down")..
n. If the pmject is oceanfront development, describe
the steps that will be taken to maintain established
public beach accessways or provide new access.
N/A
o. If the pmject is on the oceanfront, what will be the
elevation above mean sea level of the first babitahle
floo17 N/A
6 EXCAVATION AND FILL
INFORMATION
a. Describe t)clow tire purpose of proposed excavation
or fill ac!ivities (excluding bulklmads, which are
coveted in Section 7).
Length Width . Depth
Access channel
(MI_W) or (NWI.)
Boat basin
Olhcr(break-
water, pier. 763.5 9
boat tamp,
rock jetty)
rill placed in 592 9 feet 7777
wetland or below 70' (D) cul-de-
MiiW sac
35'(R)
t)plarid fill 2113.86 18'
areas 129.14 9
b. Amount of material to be excavated from below
water level in cubic yards
c. Type of material
d. Does the area in be excavated include marshland,
swamps, or other wetlands?
C. IliRh g?otnid excavation, in cubic yards
L' Dimensions of spoil disposal area
g. Location of spoil disposal area
h. Do you claim title to the disposal areal
If not, attach a letter granting permission from tite
owner.
Will a disposal area'be available for future
maintenance?
If so. whcre7
J. Does the disposal area include any marshland,
swamps. or water areas?
k. Will the fill material be placed below mean high
water?
1. Amount of fill in cubic yards
m. Type of till mate ri a]
n. Source of till material
o. Will fill material be placed on marsh or other
wetlands? Yes
p. Dimensions of the wetland to be tilled
592 x 9-351(R) cul-de-sac
q. flow will excavated or fill material be kept on site
and erosion controlled?
Silt fencing
What type of construction equipment will be used
(for example, dragtine, backhoe. or hydraulic ..
dredge)? Motor Grader - Backhoe -
s. Will wetlands be crossed in transporting equipment
to project s ? If yes, explain steps that will
be taken tos fi, t1? is.
ILI
M 10 159e
DIVISION 0.
COASTAL
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water or
normal water level
c. Shoreline erosion during preceding 12 months, in
feel
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed below
mean high water
f. Type of fill material
8 ADDITIONAL INFORMATION
In addition to the completed application form, the follow-
Ing items must be submitted:
A copy of the deed (with state application only) or oilier
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 oilier instrument under which the o%rner claims
title, plus written pennission from the owner to carry out
the project.
An accurate tvork plat (including plan view and cross
sectional drawings) dram to scale in black ink on an 8
112 x 11 white paper. (Refer to Coastal Resources
Commission Rule 71.0203 for a detailed descriptioh.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Plue-line ? 0
prints or other larger plats ate acceptable only if 0 high
quality copies air 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 jIat requbrinents 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 storinivntrr 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 «•alerfront (riparian) landowners. llresc
individuals have 30 days In which to submit comments
on the proposed pm)ect to the Division of Coastal
Management and should be advised by file applicant of
that opportunity.
f -i
Name
• Address
Name r
Address
Ms. Sue Holt
1335 Masonboro loop Rd.
Wilmington, N. C. 28409
N. C. Lutheran Homes Inc.
P. 0. Box 947
Salisbury, N. U. ZU14b
9 CERTIFICATION AND PERMISSION
TO ENTER ON LAND '
Name'
Address
A list of previous state or federal permits issued for
work on the project tract Include permit numbers,
permittee, and issuing dates.
A check for $ OYnade payable to the 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. 11 3A- I to 10).
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 15 da of June 1911L.
V
downer or utho ze nt
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• ATTACHMENT 1
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Attachment 2
Effluent from existing and proposed buildings is delivered
through an 8 inch gravity sanitary sewer system to the wet-well of
duplex above ground lift station and pumped a distance of
approximately 3,060 feet to a private sewer system located in
Barton Oaks Subdivision.
JUK Z 8 1992
DIVISION OF
COASTAL MANAGEMENT
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
July 28, 1992
Action ID. 199201502
Mr. J. Carl Dempsey
University of North Carolina at Wilmington
601 South College Road
Wilmington, North Carolina 28403
Dear Mr. Dempsey:

LAND:; M<
DUAL I I_,t; ,._; ';
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 July 23, 1992, for Department of the
Army authorization to construct a pier and place fill material in wetlands for
road construction on and adjacent to the Atlantic Intracoastal Waterway
(AIWW), Myrtle Grove Sound, Wilmington, Hanover 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 and
Section 404 of the Clean Water Act, has been assigned Action ID No. 199201502
and will be coordinated by Mr. Jeff Richter. He is available at telephone
[phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

Enclosure
i'
-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
r. 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
Habitat Conservation Division
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. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
V
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. 199201502
July 28, 1992
Mr. J. Carl Dempsey
University of North Carolina at Wilmington
601 South College Road
Wilmington, North Carolina 28403
Dear Mr. Dempsey:
WETI ANDS GE;
.WATER nUAi,f?Y ? ? ;
Reference your application for Department of the Army (DA) authorization
to construct a pier and place fill material in wetlands for road construction
on and adjacent to the Atlantic Intracoastal Waterway (AIWW), Myrtle Grove
Sound, Wilmington, New Hanover County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.

..f -2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by August 17, 1992. Also, a copy
of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Jeff Richter,
Wilmington Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
John Dorney
/North ision of Environmental Management
Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. James Herstine
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 8, 1992
Regulatory Branch
Action ID No. 199201502 and State Permit No
Mr. J. Carl Dempsey
University of North Carolina at Wilmington
601 South College Road
Wilmington, North Carolina 28403
Dear Mr. Dempsey:
103-92
D N1Z Rod
OCT 1 5 MV
GRDI W
Reference your application for a Department of the Army permit to
construct a pier and place fill material in wetlands for road construction on
and adjacent to the Atlantic Intracoastal Waterway (AIWW), Myrtle Grove Sound,
Wilmington, New Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-C080-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,

G. Wayne Wright
Chief, Regulatory Branch
V
-2-
Enclosure
Copies Furnished with enclosure:
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York Street
Norfolk, Virginia 23510-1114
Mr. John Dorney
/North r Quality Section
sion of Environmental
nagement
Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
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. X. (Mike) Gantt
U.S. Fish and Wildlife Service
of Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. C. Robert Stroud, Jr.
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT1 CORPS OF ENGINEERS
P.O. BOX 1890
yti.. it WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 26, 1992
Regulatory Branch
Action ID. 199201502
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:
SEP - q 1992
WEILANDS rmnf I'
WATER UTILITY 5! a'
Reference the application of the University of North Carolina at
Wilmington, represented by Mr. J. Carl Dempsey, for Department of the Army
authorization to construct a pier and place fill material in wetlands for road
construction on and adjacent to the Atlantic Intracoastal Waterway (AIWW),
Myrtle Grove Sound, Wilmington, New Hanover County, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All work authorized by this permit must be performed in strict
compliance with the permit plans.
b. All fill materials will be obtained from a highground source and
placed in strict accordance with permit plans,
c. The fill material will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials, or unsightly debris will
not be used.
J. Appropriate sedimentation and erosion control measures will be
employed.
e. The activity will be conducted in such a manner as to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 50 NTU's or less are not considered significant.
f. No attempt will be made by the permittee to prevent the full and free
use by the public of all navigable waters at or adjacent to the authorized
work. Use of the permitted activity must not interfere with the public's
right to free navigation on all navigable waters of the United States.
•
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-2-
g. The permittee must install and maintain, at his expense, any signal
lights and signals prescribed by the U.S. Coast Guard, through regulations or
otherwise, on authorized facilities.
h. The permittee will maintain the authorized work in good condition and
in conformance with the terms and conditions of this permit. The permittee is
not relieved of this requirement if he. abandons the permitted activity without
having it transferred to a third party.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, telephone [phone].
Sincerely,
/Copies Furnished:
/ 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
G. Wayne Wright
Chief, Regulatory Branch
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
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