19930098 Ver 1_COMPLETE FILE_19930510

MEMO'
TO:

YWIS
13
DATE:
SUBJECT:
V4

ty,E STATE 4
MnY 10. Try
`7 `Ou?,
North Carolina Department of
Health, and Natural Resources
Environment,
4 Printed on Recycled Paper
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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 16, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Bill Adams
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, N.C. 28402-1890
Dear Mr. Adams:
Subject: Proposed fill in Wetlands or Waters
Upland diked.and open ocean disposal of dredge spoil
Brunswick County
Project # 93098, COE # 199301088
Upon review of your request for 401 Water Quality Certification to place fill
material in waters which are tributary to Atlantic Ocean for return water from upland
diked disposal area and ODMS site located at Sunny Point Terminal in Brunswick
County, we have determined that the proposed fill can be covered by General Water
Quality Certification No. 2668 issued January 21, 1992. A copy of the General
Certification is attached. This Certification may be used in qualifying for coverage
under Corps of Engineers' Nationwide Permit No. 16.
If you have any questions, please contact John Dorney at 919-733-1786
Sincerely,
P/reston Howard, Jr. .E.
93098.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files Regional Offices
Asheville John,,Parelll DCMMooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 7041663-1699 9191571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
#.:
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
FAX NUMBER:-
FROM:--PHONE: Ia ?' 8i

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199301088 February 4, 1993
PUBLIC NOTICE
MILITARY TRAFFIC MANAGEMENT COMMAND, MILITARY OCEAN TERMINAL, SUNNY POINT,
Southport, North Carolina 28461-5000, has applied for a Department of the
Army (DA) permit TO MAINTAIN ACCESS CHANNELS, CONNECTING CHANNELS AND BASINS
AND TO TRANSPORT DREDGE MATERIAL FOR OCEAN DISPOSAL ON THE CAPE FEAR RIVER,
MILITARY OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, Brunswick County, North
Carolina (Figure 1).
The following description of work is taken from data provided by the
applicant and from studies by the Planning Division, Environmental Resources
Branch, Corps of Engineers. Plans submitted with the application show
proposed maintenance excavation to remove recurring shoals lying above the
elevation of 36 feet below mean low water (MLW) within the Military Ocean
Terminal, Sunny Point (MOTSU) navigation facilities (Figure 2). Excavation is
to be accomplished by clamshell dredge, hydraulic pipeline dredge, hopper
dredge ember thereof. Materials excavated by?hydraulic dredge are
to be ufiiped and retai existing diked upland disposal Area 4 (Figure 3).
M xials ex va ed by clamshell or hopper dredge are to be transported by
scow or dredge hopper, respectively, for disposal within the U.S.
„p Environmental Protection Agency (EPA) designated Wilmington Ocean Dredged
Material Disposal Site (ODMDS) (Figure 4).
Maintenance dredging at MOTSU is necessary almost on an annual basis and
necessitates the removal of approximately one million cubic yards of fine
grained silts and clays during each dredging cycle. The north basin is not
dredged routinely, but it is maintained along with the other basins when
required to meet wharfing needs. Maintenance to be accomplished in
April 1993 is not to include the north basin. With a hydraulic pipeline
dredge and diked upland disposal, maintenance dredging requires about 90 days
to complete. A maintenance dredging cycle takes from 120 to 180 days to
complete with a clamshell or hopper dredge using ocean disposal.
The Wilmington ODMDS (Figure 4), located in ocean waters (contiguous zone)
beyond the three nautical mile limit of the territorial sea, was designated by
EPA pursuant to Section 102(c) of the Marine Protection Research and
Sanctuaries Act of 1972, as amended, as suitable for the ocean disposal of
dredged material. The final rule was promulgated by EPA on July 2, 1987 (CFR
Vol 52 No. 127) effective August 3, 1987. The Wilmington ODMDS has an area of

-2-
about 2.3 square nautical miles. Depths within the ODMDS range from 35 to 46
feet below MLW. Disposal of dredged material in the vicinity of the
Wilmington ODMDS has occurred for several decades from the maintenance of the
lower portion of the Wilmington Harbor Federal Navigation Project
(approximately 800,000 cubic yards per year). Since its designation in 1987,
the disposal of dredged material has occurred at the ODMDS from the
maintenance of MOTSU and from the continued annual maintenance of the'
Wilmington Harbor Federal navigation channel (about 2.0 million cubic yards
per year). Future disposal at the ODMDS is planned to continue indefinitely
in quantities comparable to those reported from 1987 to the present. The
capacity of the ODMDS is large enough to accommodate the dredged material. No
significant adverse impacts have been observed in the ODMDS.
The MOTSU dredged materials are predominantly fine grained silts and
clays. Biological and chemical testing of these sediments, in accordance with
the EPA/OCE Evaluation of Dredged Material Proposed For Ocean Disposal
(Testing Manual), dated February 1991, has been conducted to determine
compliance with EPA Ocean Dumping Regulations and Criteria (40 CPR 220-228).
These sediment evaluations are provided in the report Ecological Evaluation of
Proposed Dredged Material From Wilmington Harbor North Carolina, December 1992.
These test results indicate that the sediments are acceptable for ocean
disposal under Section 103 of the Marine Protection Research and Sanctuaries
Act of 1973, as amended. EPA concurrence with this determination is being
requested and must be received before ocean disposal of dredged material can
occur.
MOTSU will coordinate with the Wilmington District Corps of Engineers and
take all necesary actions to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation
of the transportation route to the disposal site, designation of the specific
area within the disposal site to be used for the disposal and the requirement
that the transportation vessel have a navigation recorder on board to document
the disposal locations.
Information relative to the effects of hopper dredges on sea turtles and
the occurrence of shortnose sturgeons in the Cape Fear River estuary have been
identified. As a result, if hopper dredges are used, vessels will be
adequately screened and a minimum of 2S% observer coverage will be maintained
to document sea turtle or shortnose sturgeon mortalities. The taking of any
sea turtles or shortnose sturgeon resulting in injury or death to the animal.
will be immediately reported to the National Marine Fisheries Service (NOAA
Fisheries) Southeast Regional Office.
-3-
The discharge of dredged material in the Wilmington ODMDS will take place
outside the 3 nautical mile limit of the territorial sea which is regulated
under the Marine Protection Research and Sanctuaries Act of 1977, as amended.
A Section 401 Water Quality Certificate under the Clean Water Act of 1977, as
amended, is not required. The disposal of MOTSU dredged material in diked
disposal Area 4 satisfies the terms and conditions of Nationwide Permit 33,
CFR 330.5(a)(16) and N.C. Division of Environmental Management General Water
Quality Certification No. 1273, issued on November 10, 1978.
The only alternative to MOTSU maintenace dredging is the no action
alternative. Dredged material disposal alternatives include ocean disposal,
diked upland disposal within existing disposal areas, and confined and .
unconfined, open water disposal in the Cape Fear River estuary. No new diked
disposal areas are available because of ground water constraints set forth in
the North Carolina Ground Water Regulations. Existing diked disposal Area 4
is nearly full. MOTSU plans to use disposal Area 4 as a "critical reserve"
disposal area. This area will be used when a national security requirement
mandates maintenance dredging be performed as quickly as possible, that is, by
hydraulic pipeline dredge. Confined and unconfined, open.water disposal in
the Cape Fear River estuary is not consistent with policy set forth in the
approved North Carolina Coastal Management Program. State and Federal
environmental agencies have strongly opposed such open water disposal by
MOTSU. As disposal Area 4 has very little remaining disposal capacity, the
MOTSU long-term dredging plans for routine maintenance dredging are for
clamshell and/or hopper dredging and ocean disposal.
The proposed transportation of this dredged material for disposing of it
in ocean waters is being evaluated to determine that the proposal will not
unreasonably degrade or endanger human health, welfare or amenities or the
marine environment, ecological systems or economic potentialities. In making
this determination, the criteria established by the Administrator, EPA,
pursuant to Section 102(a) of the Marine Protection Research and Sanctuaries
Act of 1972, as amended, will be applied. In addition, based on an evaluation.
of the potential effect which the failure to utilize the ocean disposal site
will have on navigation, economic, and industrial development, and foreign and
domestic commerence of the United States, an independent determination will be
made of the need to dispose of the dredged material in ocean waters, other
possible methods of disposal, and other appropriate locations.
The purpose of the work is to maintain adequate depth for MOTSU to perform
its transportation functions which are important to national security.
Continued shoaling in the MOTSU channels and basins would result in a loss of
shipping capacity. Plans showing the work are included with this public
notice.
M
-4-
The proposed dredging has been evaluated for adherence to the requirements
of Executive Order 11988, Flood Plain Management. The proposed maintenance
dredging will not induce development in the flood plain. The proposed
dredging will maintain harbor navigability.
The proposed action has been evaluated under Executive order 11990,
Protection of Wetlands. The work will not require dredging or filling of any
wetlands.
The proposed action is consistent with the approved Coastal Management
Program of the State of North Carolina. A MOTSU maintenance dredging program
consistency determination, dated March 18, 1983, is on file with the North
Carolina Department of Environment, Health and Natural Resources, Division of
Coastal Management. State concurrence with the consistency determination was
received on August 12, 1983. Established in the March 1983 consistency
determination is a coordination procedure with the North Carolina Division of
Marine Fisheries and Division of Coastal Management for those times when
dredging is required between April 1 and September 30, the State's designated
dredging moratorium. EPA prepared a consistency determination, dated
September 26, 1983, for the designation for the-continued use of the
Wilmington ODMDS. The North Carolina agreement with site designation
consistency determination was received October 20, 1983.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required to present plans to the District
Engineer a minimum of 2 weeks prior to commencement of such maintenance Vork.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is being considered pursuant to Section 10 of the River
and Harbor Act of 1899 (33 U.S.C. 403), Section 404 of the Clean Water Act (33
U.S.C. 1344), and Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413). Any person may request, in writing
within the comment period specified in this notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
MOTSU maintenance dredging was addressed in the FEIS Maintenance
Dredging-of Basins and Channels, Military Ocean Terminal, Sunny Point,
Southport, North Carolina, May 1972, the EA Ocean Dumping, Military Ocean
Terminal, Sunny Point, Southport, North Carolina, July 1980, and the EA
Clamshell Dredging, Military Ocean Terminal, Sunny Point, Southport, North
Carolina, September 1984. The potential effects of the-disposal of dredged
-5-
material within the Wilmington ODMDS were assessed in the FEIS Savannah, GA,
Charleston SC and Wilmington NC Ocean Dredged Material Disposal Sites
Designation, October 1983.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity..
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed-activity may have on the public interest requires a
careful weighing of.all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to'authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
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.

-6-
The U.S. Army Corps of Engineers (USACE) 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 USACE
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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudolph Schiener, until 4:15 p.m.,
February 22, 1993, or telephone [phone].
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MEMORANDUM L5 P; PRINT NAMES::
.. Review???.
TO: John Dorney FnTQ Std
Planning Branch 3 s:.y3 ?" ?3
SUBJECT: WETLAND STAFF REPORT AND
***EACH ITEM MUST BE ANSWERED (USE N/A FOR ITCT-APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000098 COUNTY: BRUNSWICK
APPLICANT NAME: MOTSU DREDGE DISPOSAL
PROJECT TYPE: DREDGE DISPOSAL PERMIT-TYPE: IND
COE_#: 199301088 DOT__#:
RCD_FROM _CDA: COE DATE_FRM CDA: 02/09/93
REG_OFFICE: WIRO RIVER_AND_SUB_BASIN_#:0 3 Ole1'7
STREAM_CLASS : G e- STR_INDEX_NO : 00 le-(-71)
WL_IMPACT? : Y/O WL_ TYPE : /I/l?'
WL_REQUESTED: r14- WL_ACR_EST?: YIN
WL SCORE(#): WATER IMPACTED BY FILL?: &N
HYDRO_CNECT?: Y/N1111/a- MITIGATION?: Y/()
MITIGATION-TYPE: Nlf, MITIGATION_SIZE:,/A'/Iq
IS WETLAND RATING SHEET ATTACHED?: Y/0
RECOMMENDATION (Circle One): 6__,__u ISSUE/COND DENY
COMMENTS : t,4,tj c? e-. ? /- /_9 qtr-, (_?Cr_Cr

cc: Regional Office
Central Files

DEPARTMENT OF THE ARMY -? 7
Wilmington District, Corps of Engineer f
Post Office Box 1890 i 19
Wilmington, North Carolina 28402-1890
E WETLANDS GROUP
Action ID. 199301088
PUBLIC NOTICE
MILITARY TRAFFIC MANAGEMENT COMMAND, MILITARY OCEAN' TERMINAL, SUNNY POINT,
Southport, North Carolina 28461-5000, has applied for a Department of the
Army (DA) permit TO MAINTAIN ACCESS CHANNELS, CONNECTING CHANNELS AND BASINS
AND TO TRANSPORT DREDGE MATERIAL FOR OCEAN DISPOSAL ON THE CAPE FEAR RIVER,
MILITARY OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, Brunswick County, North
Carolina (Figure 1).
The following description of work is taken from data provided by the
applicant and from studies by the Planning Division, Environmental Resources
Branch, Corps of Engineers. Plans submitted with the application show
proposed maintenance excavation to remove recurring shoals lying above the
elevation of 36 feet below mean low water (MLW) within the Military Ocean
Terminal, Sunny Point (MOTSU) navigation facilities (Figure 2). Excavation is
to be accomplished by clamshell dredge, hydraulic pipeline dredge, hopper
dredge or a combination thereof.. Materials excavated by hydraulic dredge are
to be pumped and retained in existing diked upland disposal Area 4 (Figure 3).
Materials excavated by clamshell or hopper dredge are to be transported by
scow or dredge hopper, respectively, for disposal within the U.S.
Environmental Protection Agency (EPA) designated Wilmington Ocean Dredged
Material Disposal Site (ODMDS) (Figure 4).
Maintenance dredging at MOTSU is necessary almost on an annual basis and
necessitates the removal of approximately one million cubic yards of fine
grained silts and clays during each dredging cycle. The north basin is not
dredged routinely, but it is maintained along with the other basins when
required to meet wharfing needs. Maintenance to be accomplished in
April 1993 is not to include the north basin. With a hydraulic pipeline
dredge and diked upland disposal, maintenance dredging requires about 90 days
to complete. A maintenance dredging cycle takes from 120 to 180 days to
complete with a clamshell or hopper dredge using ocean disposal.
The Wilmington ODMDS (Figure 4), located in ocean waters (contiguous zone)
beyond the three nautical mile limit of the territorial sea, was designated by
EPA pursuant to Section 102(c) of the Marine Protection Research and
Sanctuaries Act of 1972, as amended, as suitable for the ocean disposal of
dredged material. The final rule was promulgated by EPA on July 2, 1987 (CFR
Vol 52 No. 127) effective August 3, 1987. The Wilmington ODMDS has an area of
J
A l
-2-
about 2.3 square nautical miles. Depths within the ODMDS range from 35 to 46
feet below MLW. Disposal of dredged material in the vicinity of the
Wilmington ODMDS has occurred for several decades from the maintenance of the
lower portion of the Wilmington Harbor Federal Navigation Project
(approximately 800,000 cubic yards per year). Since its. designation in 1987,
the disposal of dredged material has occurred at the ODMDS from the
maintenance of MOTSU and from the continued annual maintenance of the
Wilmington Harbor Federal navigation channel (about 2.0 million cubic yards
per year). Future disposal at the ODMDS is planned to continue indefinitely
in quantities comparable to those reported from 1987 to the present. The
capacity of the ODMDS is large enough to accommodate the dredged material. No
significant adverse impacts have been observed in the ODMDS.
The MOTSU dredged materials are predominantly fine grained silts and
clays. Biological and chemical testing of these sediments, in accordance with
the EPA/OCE Evaluation of Dredged Material Proposed For Ocean Disposal
(Testing Manual), dated February 1991, has been conducted to determine
compliance with EPA Ocean Dumping Regulations and Criteria (40 CFR 220-228).
These sediment evaluations are provided in the report Ecological Evaluation of
Proposed Dredged Material From Wilmington Harbor North Carolina, December 1992.
These test results. indicate_,.that..the, sediments.: are,. acceptable.-for-ocean--
disposal under Section 103 of the Marine Protection Research and-Sanctuaries
Act of 1973, as amended. EPA concurrence with this determination is being
requested and must be received before ocean disposal of dredged material can
occur.
MOTSU will coordinate with the Wilmington District Corps of Engineers and
take all necesary actions to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation
of the transportation route to the disposal site, designation of the specific
area within the disposal site to be used for the disposal and the requirement
that the transportation vessel have a navigation recorder on board to document
the disposal locations.
Information relative to the effects of hopper dredges on sea turtles and
the occurrence of shortnose sturgeons in the Cape Fear River estuary have been
identified. As a result, if hopper dredges are used, vessels will be
adequately screened and a minimum of 25% observer coverage will be maintained
to document sea turtle or shortnose sturgeon mortalities. The taking of any
sea turtles or shortnose sturgeon resulting.in injury or.death to. .the animal
will be immediately reported to the National Marine Fisheries Service (NOAA
Fisheries) Southeast Regional Office.

-3-
The discharge of dredged material in the Wilmington ODMDS will take place
outside the 3 nautical mile limit of the territorial sea which is regulated
under the Marine Protection Research and Sanctuaries Act of 1977, as amended.
A Section 401 Water Quality Certificate under the Clean Water Act of 1977, as
amended, is not required. The disposal of MOTSU dredged material in diked
disposal Area 4 satisfies the terms and conditions of Nationwide Permit 33,
CFR 330.5(a)(16) and N.C. Division of Environmental Management General Water
Quality Certification No. 1273, issued on November 10, 1978.
The only alternative to MOTSU maintenace dredging is the no action
alternative. Dredged material disposal alternatives include ocean disposal,
diked upland disposal within existing disposal areas, and confined and
unconfined, open water disposal in the Cape Fear River estuary. No new diked
disposal areas are available because of ground water constraints set forth in
the North Carolina Ground Water Regulations. Existing diked disposal Area 4
is nearly full. MOTSU plans to use disposal Area 4 as a "critical reserve"
disposal area. This area will be used when a national security requirement
mandates maintenance dredging be performed as quickly as possible, that is, by
hydraulic pipeline dredge. Confined and unconfined, open-water disposal in
the Cape _Fear _River - estuary j s not consistent with policy- set- forth--in- the- --
approved North Carolina Coastal Management Program. State and Federal
environmental agencies have strongly opposed such open water disposal by
MOTSU. As disposal Area 4 has very little remaining disposal capacity, the
MOTSU long-term dredging plans for routine maintenance dredging are for
clamshell and/or hopper dredging and ocean disposal.
The proposed transportation of this dredged material for disposing of it
in ocean waters is being evaluated to determine that the proposal will not
unreasonably degrade or endanger human health, welfare or amenities or the
marine environment, ecological systems or economic potentialities. In making
this determination, the criteria established by the Administrator, EPA,
pursuant to Section 102(a) of the„Marine Protection Research and Sanctuaries
Act of 1972, as amended, will be applied. In addition, based on an evaluation
of the potential effect which the failure to utilize the ocean disposal site
will have on navigation, economic, and industrial development, and foreign and
domestic commerence of the United States, an independent determination will be
made of the need to dispose of the dredged material in ocean waters, other
possible methods of disposal, and other appropriate locations.
The purpose of the work is to maintain adequate depth for MOTSU to perform
its transportation functions which are important to national security.
Continued shoaling in the MOTSU channels and basins would result in a loss of
shipping capacity. Plans showing the work are included with this public
notice.

-4-
The proposed dredging has been evaluated for adherence to the requirements
of Executive Order 11988, Flood Plain Management. The proposed maintenance
dredging will not induce development in the flood plain. The proposed
dredging will maintain harbor navigability.
The proposed action has been evaluated under Executive Order 11990,
Protection of Wetlands. The work will not require dredging or filling of any
wetlands.
The proposed action is consistent with the approved Coastal Management
Program of the State of North Carolina. A MOTSU maintenance dredging program
consistency determination, dated March 18, 1983, is on file with the North
Carolina Department of Environment, Health and Natural Resources, Division of
Coastal Management. State concurrence with the consistency determination was
received on August 12, 1983. Established in the March 1983 consistency
determination is a coordination procedure with the North Carolina Division of
Marine Fisheries and Division of Coastal Management for those times when
dredging is required between April 1 and September 30, the State's designated
dredging moratorium. EPA prepared a consistency determination, dated
September 26, 1983, for the designation for the continued use of the
Wilmington ODMDS. The North Carolina agreement with site designation.
consistency determination was received October 20, 1983.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required-to present plans to,the District
Engineer a.minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is." being considered pursuant to Section 10 of the River.
and Harbor Act of 1899 (33 U.S.C. 403), Section 404 of the Clean Water Act (33
U.S.C. 1344), and Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413). Any person may request, in writing
within the comment period specified in this notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
MOTSU maintenance dredging was addressed in the FEIS Maintenance
Dredaina of Basins and Channels, Military Ocean Terminal, Sunny Point
Southport, North Carolina, May 1972, the EA Ocean Dumping, Military Ocean
Terminal Sunny Point, Southport, North Carolina, July 1980, and the EA
.Clamshell Dredging, Military Ocean Terminal, Sunny Point, Southport, North
Carolina, September 1984. The potential effects of the disposal of dredged

-5-
material within the Wilmington ODMDS were assessed in the FEIS Savannah, GA,
Charleston SC, and Wilmington, NC, Ocean Dredged Material Disposal Sites
Designation, October 1983.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity;
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The:
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern,
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
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.
Jz'
-6-
The U.S. Army Corps of Engineers (USACE) 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 USACE
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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudolph Schiener, until 4:15 p.m'.,
February 22, 1993, or telephone [phone].

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RECEIVED.
FEB 19 1993
State of North Carolina Wilmington Regional Office
Department of Environment, Health, and Natural Resources DEM
Division of Coastal Management
225 North McDowell ScRaleigh, North Carolina 27602

Mr. Jim Gregson
NC DEH&NR
Div. Environmental Management
127 Cardinal Drive
Wilmington, NC 28405
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REFERENCE: ACTID-93-1088 County: Brunswick
Applicant/Sponsor: Military Traffic Management Command
Maintenance Dredging and Ocean Disposal, MOTSU
Dear Mr. Gregson:
The attached U.S. Army Corps of Engineers Public Notice, dated
02/04/93 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 03/03/93. Sin6erely, /
/St4een B. Benton
Consistency Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office /-s-u1qpVTT'-she project proposal \
No Comment. au0
Signed `
Date
Agency L- EEAA 1,1 U
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
M EM
TO: IUI.,'
` a4A. R?Yler`
? ? , She ?•-
DATE:
SUBJECT:
North Carolina Department of Environment,
Health and Natural Resources

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: Steve Benton
Consistency Coordinator
FROM: Keith W. Ashley, District 4 Fisheries Biologist
NC Wildlife Resources Commission
DATE: March 3, 1993
SUBJECT: U.S. Army Corps of Engineers Public Notice No. 93-
1088: The Military Traffic Management Command,
Maintenance Dredging within the Military Ocean
Terminal at Sunny Point (MOTSU), Southport,
Brunswick County, North Carolina.
As a staff biologist with the North Carolina Wildlife
Resources Commission (NCWRC), I have reviewed the subject Public
Notice (PN) and am familiar with habitat values associated with
the proposed project area. These comments are provided in
accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and North
Carolina General Statutes (G.S. 113-131 et seq.).
The applicant, the Military Traffic Management Command, is
requesting permit authorization to conduct maintenance dredging
of access channels, connecting channels, and navigation basins
located on the Cape Fear River within the Military Ocean Terminal
at Sunny Point (MOTSU). The work will consist of removing all
material lying above the plane of 36 feet below mean low water
(MLW). Excavation of the spoil material, which consists
primarily of fine grained silts and clays, is to be accomplished
by either a clamshell dredge, hydraulic pipeline dredge, hopper
dredge or a combination thereof. Spoil material excavated by
hydraulic dredge are to be pumped and retained in existing diked
upland disposal Area #4 while spoil excavated by clamshell or
hopper dredge is to be transported for disposal within the
designated Wilmington Ocean Dredged Material Disposal Site
(ODMDS). Approximately 800,000 cubic yards of spoil material
14 -
MEMO TO: Steve Benton Page 2 DATE: March 3, 1993
will be removed. The proposed work is required to maintain an
orderly, efficient, and safe flow of traffic from the ocean to
the MOTSU port facilities.
The shortnose sturgeon "Acipenser brevirostrum", (Federally
endangered), and the American alligator "Alligator
mississippiensis" (Federally threatened) may occur within the
proposed project area. The sturgeon and alligator have been
granted protection by the United States Fish and Wildlife Service
under Section 7 of the Federal Endangered Species Act (16 U.S.C.
1531-1543). Striped bass (Morone saxatilis), American shad
(Alosa sapidissima), and blueback herring (A. aestivalis) also
occur in the river in the vicinity of the proposed project site
but on a more seasonal basis (March through May).
We have serious concerns about the project as presented. We
do not object to the proposed dredging provided an ocean
certified hydraulic pipeline dredge is used during the life of
the project and silt curtains are employed to minimize impacts
from turbidity, and sedimentation during construction and to
prevent any adverse impacts to the water quality of the Cape Fear
River and adjacent wetlands. We also recommend all dredging
operations, and especially the pipeline, (if one is employed) be
monitored for sediment plumes or leaks and that operations be
shut down if conditions warrant. We also favor disposal of spoil
material in approved spoil disposal sites and recommend against
beach renourishment. We favor ocean disposal of spoil material
at the Wilmington Harbor ODMDS site.
Although the highground disposal site (upland disposal Area
#4) provides nesting sites for colonial sea birds and waterfowl,
we do not object to its use for spoil disposal provided all
construction activity is timed to avoid the nesting season.
Finally, all maintenance dredging should be conducted between
September 1 and January 1 to minimize impacts to Federally listed
threatened and endangered species and commercially important
juvenile marine organisms. We also support any recommendations
made by the North Carolina Division of Marine Fisheries regarding
the proposed dredging window schedule.
Thank you for the opportunity to review and comment on this
Public Notice. If we can provide further assistance, please
contact NCWRC Habitat Conservation Program Manager Dennis L.
Stewart at 919-528-9886 or 919-733-3633, or Keith W. Ashley,
NCWRC District 4 Fisheries Biologist at 919-866-4250.
cc: Dennis L. Stewart, Habitat Conservation Program Manager
Tom Padgett, District 4 Wildlife Biologist

( 3® / V
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Enginee.
Post Office Box 1890 FEB 9
Wilmington, North Carolina 28402-18110x._
Action ID. 199301088 Yevruary 4,
PUBLIC NOTICE
MILITARY TRAFFIC MANAGEMENT COMMAND, MILITARY OCEAN TERMINAL, SUNNY POINT,
Southport, North Carolina 28461-5000, has applied for a Department of the
Army (DA) permit TO MAINTAIN ACCESS CHANNELS, CONNECTING CHANNELS AND BASINS
AND TO TRANSPORT DREDGE MATERIAL FOR OCEAN DISPOSAL ON THE CAPE FEAR RIVER,
MILITARY OCEAN TERMINAL, SUNNY POINT, SOUTHPORT, Brunswick County, North
Carolina (Figure 1).
The following description of work is taken from data provided by the
applicant and from studies by the Planning Division, Environmental Resources
Branch, Corps of Engineers. Plans submitted with the application show
proposed maintenance excavation to remove recurring shoals lying above the
elevation of 36 feet below mean low water (MLW) within the Military ocean
Terminal, Sunny Point (MOTSU) navigation facilities (Figure 2). Excavation is
to be accomplished by clamshell dredge, hydraulic pipeline dredge, hopper
dredge or a combination thereof.. Materials excavated by hydraulic dredge are
to be pumped and retained in existing diked upland disposal Area 4 (Figure 3).
Materials excavated by clamshell or hopper dredge are to be transported by
scow or dredge hopper, respectively, for disposal within the U.S.
Environmental Protection Agency (EPA) designated Wilmington Ocean Dredged
Material Disposal Site (ODMDS) (Figure 4).
Maintenance dredging at MOTSU is necessary almost on an annual basis and
necessitates the removal of approximately one million cubic yards of fine
grained silts and clays during each dredging cycle. The north basin is not
dredged routinely, but it is maintained along with the other basins when
required to meet wharfing needs. Maintenance to be accomplished in
April 1993 is not to include the north basin. With a hydraulic pipeline
dredge and diked upland disposal, maintenance dredging requires about 90 days
to complete. A maintenance dredging cycle takes from 120 to 180 days to
complete with a clamshell or hopper dredge using ocean disposal.
The Wilmington ODMDS (Figure 4), located in ocean waters (contiguous zone)
beyond the three nautical mile limit of the territorial sea, was designated by
EPA pursuant to Section 102(c) of the Marine Protection Research and
Sanctuaries Act of 1972, as amended, as suitable for the ocean disposal of
dredged material. The final rule was promulgated by EPA on July 2, 1987 (CFR
Vol 52 No. 127) effective August 3, 1987. The Wilmington ODMDS has an area of
A , . „
-2-
about 2.3 square nautical miles. Depths within the ODMDS range from 35 to 46
feet below MLW. Disposal of dredged material in the vicinity of the
Wilmington ODMDS has occurred for several decades from the maintenance of the
lower portion of the Wilmington Harbor Federal Navigation Project
(approximately 800,000 cubic yards per year). Since its designation in 1987,
the disposal of dredged material has occurred at the ODMDS from the
maintenance of MOTSU and from the continued annual maintenance of the
Wilmington Harbor Federal navigation channel (about 2.0 million cubic yards
per year). Future disposal at the ODMDS is planned to continue indefinitely
in quantities comparable to those reported from 1987 to the present. The
capacity of the ODMDS is large enough to accommodate the dredged material. No
significant adverse impacts have been observed in the ODMDS.
The MOTSU dredged materials are predominantly fine grained silts and
clays. Biological and chemical testing of these sediments, in accordance with
the EPA/OCE Evaluation of Dredged Material Proposed For Ocean Disposal
(Testing Manual), dated February 1991, has been conducted to determine
compliance with EPA Ocean Dumping Regulations and Criteria (40 CPR 220-228).
These sediment evaluations are provided in the report Ecological Evaluation of
Proposed Dredged Material From Wilmington Harbor North Carolina. December 1992.
These test results indicate that the sediments are acceptable for ocean
disposal under Section 103 of the Marine Protection Research and Sanctuaries
Act of 1973, as amended. EPA concurrence with this determination is being
requested and must be received before ocean disposal of dredged material can
occur.
MOTSU will coordinate with the Wilmington District Corps of Engineers and
take all necesary actions to ensure that the materials dredged are
appropriately placed within the ODMDS. Those actions will include designation
of the transportation route to the disposal site, designation of the specific
area within the disposal site to be used for the disposal and the requirement
that the transportation vessel have a navigation recorder on board to document
the disposal locations.
Information relative to the effects of hopper dredges on sea turtles and
the occurrence of shortnose sturgeons in the Cape Fear River estuary have been
identified. As a result, if hopper dredges are used, vessels will be
adequately screened and a minimum of 25% observer coverage will be maintained
to document sea turtle or shortnose sturgeon mortalities. The taking of any
sea turtles or shortnose sturgeon resulting in injury or death to the animal
will be immediately reported to the National Marine Fisheries Service (NOAA
Fisheries) Southeast Regional office.
r R
-3-
The discharge of dredged material in the Wilmington ODMDS will take place
outside the 3 nautical mile limit of the territorial sea which is regulated
under the Marine Protection Research and Sanctuaries Act of 1977, as amended.
A Section 401 Water Quality Certificate under the Clean Water Act of 1977, as
amended, is not required. The disposal of MOTSU dredged material in diked
disposal Area 4 satisfies the terms and conditions of Nationwide Permit 33,
CFR 330.5(a)(16) and N.C. Division of Environmental Management General Water
Quality Certification No. 1273, issued on November 10, 1978.
The only alternative to MOTSU maintenace dredging is the no action
alternative. Dredged material disposal alternatives include ocean disposal,
diked upland disposal within existing disposal areas, and confined and .
unconfined, open water disposal in the Cape Fear River estuary. No new diked
disposal areas are available because of ground water constraints set forth in
the North Carolina Ground Water Regulations. Existing diked disposal Area 4
is nearly full. MOTSU plans to use disposal Area 4 as a "critical reserve"
disposal area. This area will be used when a national security requirement
mandates maintenance dredging be performed as quickly as possible, that is, by
hydraulic pipeline dredge. Confined and unconfined, open-water disposal in
the Cape Fear River estuary is not consistent with policy set forth in the
approved North Carolina Coastal Management Program. State and Federal
environmental agencies have strongly opposed such open water disposal by
MOTSU. As disposal Area 4has very little remaining disposal capacity, the
MOTSU long-term dredging plans for routine maintenance dredging are for
clamshell and/or hopper dredging and ocean disposal.
The proposed transportation of this dredged material for disposing of it
in ocean waters is being evaluated to determine that the proposal will not
unreasonably degrade or endanger human health, welfare or amenities or the
marine environment, ecological systems or economic potentialities. In making
this determination, the criteria established by the Administrator, EPA,
pursuant to Section 102(a) of the„Marine Protection Research and Sanctuaries
Act of 1972, as amended, will be applied. In addition, based on an evaluation
of the potential effect which the failure to utilize the ocean disposal site
will have on navigation, economic, and industrial development, and foreign and
domestic commerence of the United States, an independent determination will be
made of the need to dispose of the dredged material in ocean waters, other
possible methods of disposal, and other appropriate locations.
The purpose of the work is to maintain adequate depth for MOTSU to perform
its transportation functions which are important to national security.
Continued shoaling in the MOTSU channels and basins would result in a loss of
shipping capacity. Plans showing the work are included with this public
notice.
A , % ,
-4-
The proposed dredging has been evaluated for adherence to the requirements
of Executive order 11988, Flood Plain Management. The proposed maintenance
dredging will not induce development in the flood plain. The proposed
dredging will maintain harbor navigability.
The proposed action has been evaluated under Executive Order 11990,
Protection of Wetlands. The work will not require dredging or filling of any
wetlands.
The proposed action is consistent with the approved Coastal Management
Program of the State of North Carolina. A MOTSU maintenance dredging program
consistency determination, dated March 18, 1983, is on file with the North
Carolina Department of Environment, Health and Natural Resources, Division of
Coastal Management. State concurrence with the consistency determination was
received on August 12, 1983. Established in the March 1983 consistency
determination is a coordination procedure with the North Carolina Division of
Marine Fisheries and Division of Coastal Management for those times when
dredging is required between April 1 and September 30, the State's designated
dredging moratorium. EPA prepared a consistency determination, dated
September 26, 1983, for the designation for the continued use of the
Wilmington ODMDS. The North Carolina agreement with site designation
consistency determination was received October 20, 1983.
Approval of this permit will give Federal authorization for maintenance
dredging for a period of time not to exceed 10 years from the date of permit
issuance. The permittee will be required-to present plans to the District
Engineer a_minimum of 2 weeks prior to commencement of such maintenance work.
All maintenance would be performed in accordance with Federal, State, and
local permits and regulations governing such activities at the time the
maintenance is undertaken.
This application is... being considered pursuant to Section .10 of the River
and Harbor Act of 1899 (33 U.S.C. 403), Section 404 of the Clean Water Act (33
U.S.C. 1344), and Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413). Any person may request, in writing
within the comment period specified in this notice, that a public hearing be
held to consider this application. Requests for public hearing shall state,
with particularity, the reasons for holding a public hearing.
MOTSU maintenance dredging was addressed in the FEIS Maintenance
Dredging of Basins and Channels, Military ocean Terminal, Sunny Point,
Southport, North Carolina, May 1972, the EA Ocean Dumping, Military Ocean
Terminal Sunny Point, Southport, North Carolina, July 1980, and the EA
Clamshell Dredging Military Ocean Terminal, Sunny Point, Southport, North
Carolina, September 1984. The.potential effects of the disposal of dredged
. , a
-5-
material within the Wilmington ODMDS were assessed in the FEIS Savannah, GA,
Charleston SC and Wilmington NC Ocean Dredged Material Disvosal Sites
Designation, October 1983.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
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.
i . . o
-6-
The U.S. Army Corps of Engineers (USACE) 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 USACE
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 (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Rudolph Schiener, until 4:15 p.m'.,
February 22, 1993, or telephone [phone].

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