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HomeMy WebLinkAbout19951044 Ver 1_COMPLETE FILE_19951127State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director MOM ID FE F1 November 27, 1995 New Hanover County DEM Project # 951044 COE # 199600345 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Paul Parker Shinn Point HOA 821 Shinn Point Road Wilmington, N.C. 28409 fft ° FILE COF Dear Mr. Parker: You have our approval to discharge decant from an upland diked disposal basin into waters of the AIWW , as you described in your application dated 9 October 1995. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. Applicant shall notify the NC Division of Shellfish Sanitation Section Environmental Health, at least 10 days in advance of the dredging to allow a temporary closure of this area. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786., Attachment V cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Domey Central Files Doug Huggett; DCM Pat Fowler, DEM 951044.1tr P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% past-consumer paper -1 95 MON 14:59 ID: TEL N0: #816 P01 October 16, 1995 E - To: Ueda Sewall From: Fat Fowler Q Subject: CAMA permit Application Xteview - Minn Point Homeowner's Association - New Hanover County The proposed dredging project is located within a closed shellfisbI49 area. Since the ftenm4KINCY lway of the spoil disposal site is located in open waters we will need to rccommond closure to shellfish harvesting of waters in this area, our office will need to be notified in advance of the beginning of the dredging operation notification of completion of the project. Pod4 " brand %x tansmMW memo M DIV, Of ENWRpNNlt U41. natTll 7 Paul G. Parker, Treasurer Shinn Point Homeowners' Assn. 821 Shinn Point Road Wilmington, NC 28409 November 21, 1995 Project # 951044 Mr. John R. Dorney Water Quality Certification Program P. O. Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: PIP, tv 1995 FiyT?? ?` ?FPu?? c This letter is in response to your letter of November 6, 1995, regarding the maintenance dredging project for which we are requesting a permit. To summarize the project, we propose to use a hydraulic dredge to remove approximately 2000 cubic yards of mud and sand from our existing small boat canal. Over the years, shallow areas have accumulated which impede low-tide boat movement and diminish the natural tidal flushing which such a canal requires. The material removed would be deposited in a diked disposal area located on a privately owned island east of the AIWW. The disposal area is located approximately 950 feet from the mouth of the canal. This project is located in a highly developed residential area with extensive areas of marshland sprinkled throughout. There is simply no upland location within a reasonable distance which would be available for the deposit of dredging materials. We have been informed that there is a possible disposal area near Bradley Creek which is adjacent to closed shellfish waters. We have been advised that it would not be feasible to use this disposal area because a pipe run of over 5000 feet would be required. A pipe run of this length, along with the required booster pumps, would make the project prohibitively expensive. As to the use of a dredging method other than hydraulic dredging, we explored the feasibility of using a clamshell device in conjunction with transfer barges. For the amount of material we are considering, we again have an alternative that would not only be too costly, but would require an inordinate amount of time to complete. If you require additional information, please contact me at the above address or by phone at 910-395-6911. Very truly yours, Paul G. Parker Copies to: Jim Gregson Tere Barrett State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director November 6, 1995 Mr. Paul Parker, President Shinn Point Homeowners Association 821 Shinn Point Road Wilmington, N.C. 28409 Project # 951044 Dear Mr. Parker: A14? ty-ee MOM ?EHNR FILE COPY The Division of Environmental Management, Water Quality Section has reviewed your plans located at Shinn Creek to the AIWW in New Hanover County. Based on this review, we have identified significant uses which would be removed by this project. These uses are commercial shellfishing in the area of the discharge from the upland diked disposal basin. Furthermore, insufficient evidence is present in our files to conclude that your project must be conducted as planned in waters and/or wetlands. Therefore, we are moving toward denial of your 401 Certification as required by 15A NCAC 2B.0109. Until we receive additional information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed as planned and that you have no practicable alternative to your dredging. Specifically can you: 1. Conduct the dredging rather than hydraulic dredge, or 2. Pump the hydraulically dredged material to an upland diked disposal area within the Wrightsville Restricted area or 3. Pump the effluent from the basin back to the area being dredged on nearby uplands or prior converted farmland? Any documentation such as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter by sending a copy of this information to me and one copy to our Mr. Jim Gregson at the Wilmington Regional Office at 127 Cardinal Drive Extension, Wilmington , N.C. 28405-3845. I can be reached at 919-733-1786 if you have any questions. Since eI , Jo n R. Domey W ter Quality Certification Program cc: Wilmington DEM Regional Office Wilmington Office Corps of Engineers Central Files Doug.Huggett; DCM 951044.nty P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper DIVISION OF ENVIRONMENTAL MANAGEMENT A II QRANDUM Date: October 26, 1995 To: John Dorney RFC?j?® Planning Branch From: James H. Gregson ?(RD?MF?'TAt 199s Wilmington Region' ?ffice s?iF?C?V? R ffice g e Review and Recommendations Application for Permit for Excavation and/or Fill Central Office Permit #951044 Shinn Point Homeowner's Association New Hanover County Through: Dave Adkin 1b.- Sub' ect: Re Tonal O DESCRIPTION: The applicants propose to maintenance excavate an existing canal. PROJECT Wihningto Re onal0 ADJACENT WATER BODY: AIWW CLASSIFICATION: SA ORW The project has been reviewed to determine impacts to water quality. The following comments have been provided. The waters of the Shinn Point Canal are closed to the harvesting of shellfish by the Division of Marine Fisheries. The spoil material generated from the maintenance of the canal will be pumped hydraulically from these closed waters to an existing diked disposal area across the AIWW from the project site. Discussions with CAMA and DMF indicate that the waters adjacent to this disposal area are open to the harvesting of shellfish. The discharge of water from closed shellfish waters into open shellfish waters would likely result in a violation of water quality standards for fecal coliform and potentially a closure of the waters to shel fishing. Therefor it is recommended that the project as proposed be denied.. It is also suggested that the applicant consider the following alternatives: 951044.Oct Page Two 1. Conducting the project using mechanical dredging instead of hydraulic dredging. 2. Pumping the dredged material to a diked disposal area within the Wrightsville Restricted area (SB Waters). 3. Pumping the effluent from the proposed diked disposal area back to the area being dredged. (This alternative would probably be the most cost prohibitive) JHG:951044.Oct cc: Wilmington Regional Office Files Central Files Tere Barrett John Parker A DIVISION OF COASTAL MANAG FIELD INVESTIGATION REPORrMfAN OCT - g 1995 1. APPLICANT'S NAME: Shinn Point Homeowner's Association 2. LOCATION OF PROJECT SITE: Man-made canal running parallel to and south:- SR 1513 in New Hanover County, through Shinn Creek to the AIWW. Photo Index - 1989: 175-29; gr. 13Q,P,O; 12N,M; 11M,L,K,I. 1984: 18-226; gr. 21R,S,T,U; 22U; 23V,W,X. State Plane Coordinates - X: 2353400 - 2354500 Y: 162200 - 163600 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/12/95 Was Applicant Present - No; reviewed app. with applicant in office. 5. PROCESSING PROCEDURE: Application Received - cc: 9/19/95 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW,PT (C) Water Dependent: Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - N/A Planned - None (F) Type-of Structures: Existing - Residences, Docks Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Shallow Bottom 77,750 sf High Ground 30,000 sf (D) Total Area Disturbed: 2.5 ac. (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUNEVIARY: The applicant proposes the maintenance excavation of an existing canal into a private residential community. Shinn Point HOA Page 2 , 9. PROTECT DESCRIPTION 9/20/95 The Shinn Point Canal is a community access channel winding along the north side of Shinn Creek, somewhat parallel to State Road 1513. The tract is approximately 45 acres in size, subdivided into 1/2 acre lots developed with single family residences. Shinn Creek is classified as a Primary Nursery Area by the Division of Marine Fisheries, and is closed to the taking of shellfish. The waters are classified SA by the Division of Environmental Management. The New Hanover County Land Use Plan classifies the area as Conservation. The Shinn Point channel extends inland for approximately 2500' from the AIWW in Greenville Sound, and is dotted with residential docks. There is a bulkhead along the north side of the channel for all but 400'. The south side is bulkheaded for approximately 700', and the remainder is marsh. The canal itself is approximately 60' wide for approximately 1790'; it is approximately 80' in width for approximately 450'; and the turning basin at the landward end is approximately 260' x 125'. The applicants are proposing the maintenance excavation of this canal. The 1790' stretch has current soundings of approximately -5' mlw, and is proposed to be excavated to -6.5' mlw for a width of approximately 25'; the 450' section has current soundings of approximately -4.1' mlw, and is proposed to be excavated to a depth of approximately -5' mlw for a width of approximately 30'; the basin area has current soundings averaging approximately -3.5' mlw, and is proposed for an excavated depth of -4.75' mlw with a width of approximately 75'. The excavated area involves approximately 77, 750 square feet in total. Approximately 3839 cubic yards of silty bottom material are to be removed from the system. The dredging is to be accomplished hydraulically, utilizing an existing spoil island on the southeast side of the AIWW opposite the project site. The applicant has proposed the construction of a diked spoil area, approximately 100' x 300' with a 10' wall. The spillway is proposed for 8', and leads to an effluent pipe extending to the mean low water contour. This site is privately owned, and permission is on file for its use for this project. This spoil area as proposed should accommodate approximately 8888 cubic yards of material. 10. ANTICIPATED VAPACTS The dredging as proposed will disturb approximately 77,750 square feet of shallow bottom area, and remove approximately 3839 cubic yards of material from the system. Spoil placement will cause the filling of approximately 30,000 square feet of an existing spoil area. The proposed excavated channel will be a minimum of 35' from the marsh edge. Though there is always a water quality concern in lengthy channels terminating in high ground, the applicant has proposed the excavation to grade from the shallowest at the landward end to the deepest where the channel connects to the AIWW. Localized turbidity increases are to be expected during excavation. There has been a complaint entered into the file from one property owner in the development, stating that the project is unnecessary, and allows for boats that are too large for the system to. accommodate. The dredging accomplishes a depth of -6.5' at its deepest. Submitted by: T. Barrett Date: 9/25/95 Office: Wilmington If- Please t}pe or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, 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 _ S (-t•wa P-OIN-r Now--ow uEAS Ass n Address 821 5t41r4m 9bt"-r R .D. City V?t?mi?G-r-o?t State KC Zip g.. o9 Day phone 910-'395-6911 Landowner or ?_ Authorized agent b. Project name (if any) 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? _ _ rV%At m-r --M A?iCr= c. Will the project be for community, private, or commercial use? 9P-t V ATF d. Describe the planned use of the project. COonifta I r-1 QoA-rim Aa«ss 4 LAND AND WATER c. If the applicant is not the landowner, also give the CHARACTERISTICS o w ner's name and address. RF LiSeMT is AN oFPmgg OF TrE.- St}iK4 IRDru-r Row,-owgas` Ass a• Size of entire tract __ -CIS Ae kc-r of individual lot(s) .-b*A %2 AekE `?- tn, C. 1 ation of tract above mean sea level or tip nal Geodetic Vertical Datum 2 LOCATION OF PROPOSE AUG 31 1995€t. 1 o FE?-r PROJECT DIVISION 0 kJ. Soil type(s) and texture(s) of tract I AL Z A A AGEME riI N/A a. Street address or secondary road number _ENO of SKIKAiwooD Rn SR 1Z-13) e. Vegetation on tract- N fA b. City, town, community, or landmark /1 MAWLAAD staE of AT WW Ar &fAiliN CaE_-uc c. County N1 'w ?AaN ov E R d. Is proposed work within city limits or planning jurisdiction?__ `I e. Name of body of water nearest project A.z- W W f. Man-made features now on tract Doc res 4 Nom c S g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) ? Conservation Transitional Developed Community Rural Other 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).- UP= MAiu-rc-mj 4-_&4LAva-ri oN h. How is the tract zoned by local government? R1 i. How are adjacent waters classified? SA J. Has a professional archaeological survey been carried out for the tract? N o If so, by whom? 3/91 . M 5 UPLAND DEVELOPMENT komplete this section if the project includes any land a. ? ype and number of buildings, facilities, or s cturesproposed b. Nurkber of lots or parcels c. Densi (Give the number of residential units and the units p acre.) d. Size of aka to be graded or disturbed e. If the propos d project will disturb more than one acre of land, a Division of Land Resources must receive an eros n and sedimentation control plan at least 30 days be re land disturbing activity begins. If applicable, has sedimentation and erosion control plan been ubmitted to the Division of Land Resources? f. Give the percentage the tract within 75 feet of mean high water to be overed by impermeable surfaces, such as pave nt, buildings, rooftops. g. List the materials, such as arl, paver stone, asphalt, or concrete, to be used for ved surfaces. h. If applicable, has a stonnwate: been submitted to the Division Management? i. Describe proposed sewage water treatment facilities. waste j. Have these facilities received state or loc approval? k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters f the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). anagement plan Environmental in. Water supply sou e n. If the project is oce ?tl the steps that will be public beach accessways development, describe to maintain established rovide new access. o. If the project is on the oceanfront, what wi be the elevation above mean sea level of the first ha 'tabl floor? 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are .covered in Section 7). S' E AT'-rAu+m s -r A Length Width Depth Access channel (MLW) off-) Boat basin Other re wat pier, b(? p, rockjetty) AUG 31 Fill placed WV I S 10 wetl@-?h ? Tb%6YAN MHW Upland fill areas 1-790' Z.S' 5- 4Z-0 ' 30' ' >S"mAx 4 S `475' NIA-- g/A A EMENT . N /Pr K/A N/A NIA N b. Amount of material to be excavated from below water level in cubic yards up -ro 2.ooo c t c. Type of material S-Aan Ama Mar) d. Does the area to be excavated include marshland, swamps, or other wetlands? No e. High ground excavation, in cubic yards N o nt E ' 2 3/91 f. Dimensions of spoil disposal area too `x 300' g. Location of spoil disposal area Pie Iv?rE??t ow?eo I SLA#40 06I C-- SIDE O F SR1,44 Cp,=Ek AT Q 710 W, h. Do you claim title to the disposal area? N o If not, attach a letter granting permission from the owner. SEE ATT^Ci*nu, T B i. Will a disposal area be available for future maintenance? l z- S If so, where? _ samE as ITF,„ 4 Does the disposal area include any marshland, swamps, or water areas? No C. Shoreline erosion during preceding 12 months, in feet N /k d. Type of bulkhead material tit/A e. Amount of fill, in cubic yards, to be placed below meanhigh water- N/A f. Type of fill material N /q 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: k. Will the fill material be placed below mean high water? N o 1. Amount of fill in cubic yards a P ro 2 goo e Y m. Type of fill material S ANa kma man n. Source of fill material Swwu Pc,NT goer ceu A,. o. P q• S. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to cant' out the project. SSE ,4TTa?,.{mE,?-7- ? Will fill material be placed on marsho?••P hers wetlands? nto I l F' ?VA u to«ork plat (including plan view and cross Dimensions of the wetland to be I rI sectio rawings) drawn to scale in black ink on an 8 filled Nt /A ?v AUG 3 11 x hite paper. (Refer to Coastal Resources mission Rule 7J.0203 for a detailed description.) How will excavated or fill material be kept a ls 651ON OF SFE A->-T-Ac8*tar,4-r D and erosion controlled? ;GAS T AL M ANA(Jtq91te yggte that original drawings are preferred and D E only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 hih quality copies are provided by applicant. (Contact the' What type of construction equipment will be used U.S. Army Corps of Engineers regarding that agency's (for example, dragline, backhoe, or hydraulic use of larger drawings.) A site or location map is a part dredge)? BACKNoE Te ecN ?-r-a??T a, kE ?D of plat requirements and it must be sufficiently detailed AN ge DREDGE T htGVE SPott MATL/tl q to guide agency personnel unfamiliar with the area to the DRALic. site. Will wetlands be crossed in transporting equipment the likeclude county road (SR) numbers, landmarks, and to project site? No If yes, explain steps that will be taken to lessen environmental impacts. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap _ A /A b. Average distance waterward of mean high water or normal water level A stormwater management plan, if applicable, that may have been developed in consultation with the Division of Environmental Management. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These individuals have 30 days in which to submit comments on the proposed project to the Division of Coastal Management and should be advised by the applicant of that opportunity. SEE A-T-rAct4mtFA -r E 3/91 ?r Name Address Name Addre? _ Name Address _ A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 13'7-8?, -,TA-AF- -r DoRmArJ, Qc-ro8--R 5Z 1993 A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). I?aTE : 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 Mana=ement 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 evaluatine information related to this permit application and follow-up monitorina of project. This is the 26 day of y y 4- Y 1925. Landowner or Authorized agent 7:[-F PossiSL EI WE WoJc-O L_ t KE -r- 4E A 8 1 L t-r- 4 To PERtoalcAcL?! Rcnl?w -t',4(S PERMaT FOR Ft1TJ?2E VY%AI WrEnt MM CE -VA-?.MGI AI G - 9 D???LNTE 7J AUG 311995 DP? . DIVISION OF 11_OASTAL MANAGEMENT 3/91 ATTACHMENT A DESCRIPTION OF PROPOSED EXCAVATION SHINN POINT CANAL Item 6a Entering the tract from the A.I.W.W., the canal is bulkheaded on the right side and is bounded by marsh on the left side. This section of the canal is 1790 feet in length and 60' wide. The proposed top cut excavation in this section will be 25 feet in width. There is currently a bar at the mouth, giving a 3' MLW depth. Beyond this bar, the depth of this section varies from 4.3' MLW to 7.2' MLW with random humps and deep spots, but averages 5.1' MLW. We propose to dredge to a depth of 5' MLW at the inland end of this section, sloping down to a depth of 6.5' MLW at the mouth. Based on extensive soundings, we anticipate the removal of 1080 CY of spoil material from this section of the canal. The next section of the canal is bulkheaded on both sides, is 80' wide from bulkhead to bulkhead, and is 450' in length. The proposed top cut excavation in this section will be 301. The current depth of this section averages 4.1' MLW and we propose to excavate to a depth of 4.75' MLW at the inland end sloping to 5' MLW at the waterway end. We calculate that 430 CY of spoil material will be removed from this section. The final section of the canal is bulkheaded on all sides and serves as an oval-shaped turning basin. This basin is 260' in length and 125' at its widest point. At the widest point, the top cut excavation will be 75' with the excavation narrowing so as to stay 25' from the bulkheads. While a shallow portion at the far end measures 2.6' MLW, most of this section shows a depth of 4' MLW. We propose to excavate to a depth of 4.5' MLW at the far end sloping to 4.75' MLW at the waterway end. We anticipate that 270 CY of spoil will be removed from the turning basin area. D r?l V j i ", D AUG 31 1995 DIVISION OF COASTAL MANAGEMENT f l' T TA cA maw-r AUG a i isss DIVISION OF COASTAL MANAGEMENT S?ETGf-I E-,S PAGE 1 SjTE GOCAT/o Mpp PiC:.E 2 fDQOTECT SkETCH PAGE 3 ZOCCArjoa of SPoij_ DjSRDSAL AREA PAGE 4 ':)EtojLS of SApiL ZjSPoSRt AREA Q A )U U F F Y O Q U J M a_ Q 1NE1N1EJdNVA lb1SVO'--'dO NOISIAIG 5E61 I ? ?n? z N- , eiO y +°? Pb, o od da ` O, ?J g a ae oy 4 3 z h i .. s '' a oaf°d y ?Oa ti do n,?? Oa O? z y7 ' J J Q I 4 a N ? A h Z J d U a ,Q Z ?J !1 3 aC ? ?1 R 0 ?O QQ J ,, ? Z Y h 7 Y! H Z d ? 3 z o a ? Q- l N 0. b t O? A l x W ? ul IIJ Q Q J 7 ? J ww * ?4 v lz X 4t w w r?rnnl D• C9 e4 v \ y o G 3 ?h 4 J E `II 0 u v 0 w $; cm ? i` x U n C F N W N ? N 0 0 } v a z N b a o o g = o z c R w °C z a W o ? w o P a V w y Y O V : ? ° It. W V ? ? al Q 7 O F b ti g 2 aZ s.'T.D W 3 . CL V 2 Z? Wi Q- 0? ? m c I ' d C L C O U $ ?i? v ?G = 3 a ? ? '6 Q i L NO d E .. < w ? ? a c U {- 4 L > p Op O c ? J v " z 6 c ?- o c. ? _ ° °r = _ ` H ? -o ha ? i w Y?? o F ;? aoL m om o ?t Z ? O ? O . L ?P p ` o L t7 ? p? s O ? 0 H ? O E ® a o v c o m E U O F ?o o v E to N CO o L O ? O ? o` IN tv, H P F W v Q Q IF 1N =u NUISIAIG sm T c onv OUIAI[OoDE 0 .(h.M I.d U O C V h - Z Q LU c can ? ? 3 rn '"' O O rn c U m 0 .a i 417 4MIA1 ApJUST. Fl-ASN TGAR05 N7?EX15"f G RARE ?';,Rj ' G TC 6 ?'x-rF N o ? ? rz-cvh Y' p ? v ?vL_ 7- rTlzr--r NRU•- SGALF: l "-20O Tg DO AUG 31 1995 DIVISION OF COASTAL MANAGEMENT . 4 Mlti. ;? '?,,? •?O?YET?IYI?NE GovEK Te 11 EVEL ?l iC 'MIN. 1 1L? ' x? ;{ 6QADE YARiES -rYPIGAL DIKE 5EG-T 10 SCAB E : I ?? = 1 O Maintenance Dredging D Shinn Point Canal b New Hanover County, N.C. Shinn Point Homeowner's Assoc. 3 r4 July 1995 d I 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF November 13, 1995 Regulatory Branch Action ID No. 199600345 Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health.and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: 5W r o. wow.ow.uu . G Enclosed is the application of Shinn Point Homeowner's Association for Department of the Army authorization and a State Water Quality Certification to maintenance dredge approximately 77,750 square feet of nonvegetated shallow bottom in a canal off of Greenville Sound, in the Shinn Point subdivision, in Wilmington, in 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 is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 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, or asked for an extension of time, by December 29, 1995, the District Engineer will deem that waiver has occurred. Printed on 9 Recycled Paper -2- Should you have any questions or comments, please contact me at telephone (910) 251-4636. Sincerely, ichte roject Manager ilmington Regulatory Field Office Enclosure Copy Furnished (without enclosure): Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 .I- A 'Health and Natural Resources Wilmington Regional-, Office Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director Shinn Point Homeowner's Association c/o Paul Parker 821 Shinn Point Rd. Wilmington, NC 28409 Dear Mr. Parker. September 25, 1995 The Division of Coastal Management hereby acknowledges receipt of youur application for State approval for development of your property located at the end of Shinnwood Rd. It was received completed on 9/19/95, and appears to be adequate for processing at this time. The projected deadline for making a decision is 12/02/95. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Sincerely, r l ' T. Barrett Field Representative tjb Enclosure cc- John Parker Bob Stroud Ann Hines, LPO Matt Flint, COE 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 a Telephone 910-395-3900 a Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer L1V1a71v1V Vr t.vcwi?-- 1•?--•__??- ?V FIELD PNESTIGATION REPORT 1. APPLICANT'S NAME: Shinn Point Homeowner's Association ii;Lan ' t,,, , 1513 2. LOCATION OF PROJECT SITE: Man-made canal running parallef ds M in New Hanover County, through Shinn Creek to the AIWW. - Photo Index - 122: 175-29; gr. 13Q,P,O; 12N,M; 11M,L,K,t. 1984: 18-226; gr. 21R,S,T,U; 22U; 23V,W,X. State Plane Coordinates - X: 2353400 - 2354500 Y: 162200 - 163600 3. INVESTIGATION TYPE: CAMA/D&F 4. IlVESTIGATIVE PROCEDURE: Dates of Site Visit - 9/12195 office. Was Applicant Present - No; reviewed app• with applicant in 5. PROCESSING PROCEDURE: Application Received - cc: 9/19/95 Office - Wilmington 6. STTE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification From LUP - Conservation (B) AEC(s) Involved: EW,PT (C) Water Dependent:. Yes (D) Intended Use: Community (E) Wastewater Treatment: Existing - N/A Planned - None (F) Type of Structures: Existing - Residences, Docks Planned - None (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] 7 . LRT'r ?T (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Shallow Bottom 77,750 sf High Ground 30,000 sf (D) Total Area Disturbed: 2.5 ac. (E) primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUbEMIARY: The applicant proposes the maintenance excavation of an existing canal into a private residential community. Shinn Point HOA Page 2 9/20/95 9, .PROJECT DES??ON The Shinn Point Canal is a community access channel winding along the north side of Shinn Creek, to State Road 1513. The tract is approximately 45 acres in size, subdivided into 1/2 somewhat parallel acre lots developed with single family residences. Shinn Creek is classified as a Primary Nursery Area are classified by the Division of Marine Fisheries, and is closed to the The New Hanover shellfish. The ? SA by the Division of Environmental Management. classif= the area as Conservation. The Shinn Point channel extends inland for approximately 2500' from the AIWW in Greenville Sound, and is dotted with residential docks. There is a bulkhead along the north side of the channel for all but 400'. The south side is bulkheaded for approximately 700', and the remainder is marsh. The canal itself is approximately 60' wide for approximately 1790'; it is approximately 80' in width for approximately 45W; and the turning basin at the landward end is approximately 260' x 125 . The applicants are proposing the maintenance excavation of this canal. The 1790' stretch has current soundings of approximately -5' m1w, and is proposed to be excavated to -6.5' m1w for a width of approximately 25'; the 450' section has current soundings of approximately -4.1' mlw, and is proposed to be excavated to a depth of approximately -5' m1w for a width of approximately 30'; the basin area has current soundings averaging approximately -3.5' m1w, and is proposed for an excavated depth of -4.75' m1w with a width of approximately 75'. The excavated area involves approximately 77, 750 square feet in total. Approximately 3839 cubic yards of silty bottom material are to be removed from the system. The dredging is to be accomplished hydraulically, utilizing an existing spoil island on the southeast side of the -IWW opposite the project site. The applicant has proposed the construction of a diked spoil area, approximately 100' x 300' with a 10' wall. The spillway is proposed for 8', and leads to an effluent pipe extending to the mean low water contour. This site is privately owned, and permission is on file for its use for this project. This spoil area as proposed should accommodate approximately 8888 cubic yards of material. 10. ADI=A DRAM The dredging as proposed will disturb approximately ?7,750 square feet of shallow bottom area, and remove approximately 3839 cubic yards of material from the system. Spoil placement will cause the filling of approximately 30,000 square feet of an existing spoil area. . proposed excavated channel will be a minimum of 35' from the marsh edge. Though there is always a water quality concern in lengthy channels terminating in high ground, the applicant has proposed the excavation to grade from the shallowest at the landward end to the deepest where the channel connects to the AIW W. Localized turbidity increases are to be expected during excavation. There has been a complaint entered into the ffie from one that are property toolarge for the system to?accommodate. that the project is unnecessary, and allows for boats The dredging accomplishes a depth of -6.5' at its deepest. Submitted by: T. Barrett Date: 9/25195 Office: Wilmington Please type or print. Carefully describe all anticipated development activities, including construction, excava- tion, filling, 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 s t4img QoluT f•to??Fo?wEJ2s' Assd. Address 821 5141at4 Pblm-r R o. City W «m I t4c.To g State KJC Zip z 84 o9 Day phone 9 t0- 39S- G) I I Landowner or ?- Authorized agent b. Project name (if any) c. If the applicant is not the landowner, also give the owner's name and address. Ph,QpLICA,IT IS AA OFFir-eA OF TFEL° S&t,A-L QOtMT [Acmg!oa_-.*s' ASsAi. 2 LOCATION OF PROPO?%t AUG 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? MAiuT 4 Auc z c. Will the project be for community, private, or commercial use? 4?RlV ATE d. Describe the planned use of the project. conunamf rN I30AT1M6 ACA-6-sS 4 LAND AND WATER CHARACTERISTICS a. Size of entire tract J=;?A AS ACR---r 7bv?q S b of individual lot(s) J*OA A MAE C. ation of tract above mean sea level or Geodetic Vertical Datum 10 lrmr -r • 1895 PROJECT DIVISION OE. Soil type(s) and texture(s) of tract ?VAa hi AGEMENT N/A a. Street address or secondary road number `E?.io of 5timmvooa Ro. LSR ai3) e. Vegetation on tract N.ZA b. City, town, community, or landmark MAwc-Aan SIDE OF Az WW AT SKimm Cks&w c. County Maw ?AAu oy g o d. Is proposed work within city limits or planning jurisdiction? I e. Name of body of water nearest project ATWW. 3 DESCRIPTION AND PLANNED USE OF PROPOSED'PROJECT f. Man-made features now on tract Doc Fcs 4 NoerE S g. What is the CAMA Land Use Plan Classification of the site? (Consult the local land use plan.) ? Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Ri i. How are adjacent waters classified? SA a. Describe all development activities you propose (for example, building a home, motel, marina. bulkhead, or pier). td=xaE MA,w-rewAg« G 7LGvATt oN j. Has a professional archaeological survey been carried out for the tract? M o If so, by whom? 3/91 5 UPLAND DEVELOPMENT ?omplete this section if the project includes any land a. ype and number of buildings, facilities, or s cturesproposed b. Nurl ber of lots or parcels m. Water supply n. If the project is oce i the steps that will be tak public beach accessways development, describe to maintain established ,arovide new access. c. Densi (Give the number of residential units and the units acre.) d. Size of aha to be graded or disturbed e. If the propos d project will disturb more than one acre of land, a Division of Land Resources must receive an eros n and sedimentation control plan at least 30 days be re land disturbing activity begins. If applicable, has sedimentation and erosion control plan been ubmitted to the Division of Land Resources? f. Give the percentage mean high water to' surfaces, such as pa, the tract within 75 feet of rovered by impermeable -nt, buildings, rooftops. g. List the materials, such as arl, paver stone, asphalt, or concr;te, to be used for ved surfaces. h. If applicable, has a stormwate; been submitted to the Division • Management? anagement plan Environmental i. Describe proposed sewage water treatment facilities. waste o. If the project is on the oceanfront, what wi elevation above mean sea level of the first floor.' 6 EXCAVATION AND FILL INFORMATION a. Describe below the purpose of proposed excavation or fill activities (excluding bulkheads, which are covered in Section 7). SSE' ATTACi+m sqT /q Length Width Depth Access channel (MLW) or(N? Boat basin Other 2a? watt pier, i rook jetty)' AUG 31 1' Fill placed?V I S 10 N I we4??tT1444 ANA, MHW x'7 9 0' Z.5 4 -TO 30 4.1-e- S' _ ' ?s',?n+? •?s=ass' Il ? v ?? . MIA- EMENT t4 A K/A F /A t1i1A y. j. Have these facilities received state or loc?approval? Upland fill areas k. Describe existing treatment facilities. 1. Describe location and type of discharges to waters f the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down"). b. Amount of material to be excavated from below waterlevel in cubic yards op -ro 2ooo 4z i c. Type of material -S an A tin map d. Does the area to be excavated include marshland, swamps, or other wetlands? N0 e. High ground excavation, in cubic yards NONE - be the 2 3/91 P. Dimensions of spoil disposal area c. Shoreline erosion during preceding 12 months, in loo `x 3ao' feet NZA g. Location of spoil disposal area Pie Iv?TE?? oW?iE? d. Type of bulkhead material N/A ISLAND Oil SOJTt1 SIOE OP SNIN^I CREEK AT e. Amount of fill, in cubic yards, to be placed below h. Do you claim title to the disposal area? ? e mean high water t,1 / A If not, attach a letter granting permission from the f. Type of fill material N /A owner. SEE ArT?criME,?-r- B i. Will a disposal area be available for future maintenance? Y E s If so, where? sAm-- As IrF ?, a j. Does the disposal area include any marshland, swamps, or water areas? No 8 ADDITIONAL INFORMATION In addition to the completed application form, the follow- ing items must be submitted: k. Will the fill material be placed below mean high water? N o 1. Amount of fill in cubic yards up ro 20oe e Y m. Type of fill material S aNa ANa MdD n. Source of fill material St4t wa Paom-r aoAr --Au A A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected property. If the applicant is not claiming to be the owner of said properE , then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. S'Ce ArrAcxnl--.+-r- C o. Will fill material be placed on marsh or-ot4?r(7 i , "? ?i7? to work plat (including plan view and cross wetlands? M0 1\ i , sectio drawings) drawn to scale in black ink on an 8 (Refer to Coastal Resources er a the wetland to be flledl i bite i Di ons of mens p. AUG N/A . p p 1 °oin mission Rule 71.0203 for a detailed description.) S ?L ?'r-'r'?4Ctl MISKT D How will excavated or fill material be kept cQiUt1S1ON OF q . ,:- . ,??,,?ERe that original drawings are preferred and and erosion controlled? -.?3.1STAL MANAUt=';W a D'I ti<E only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if 18 high quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's r. What type of construction equipment will be used use of larger drawings.) A site or location map is a part (for example. dragline, backhoe. or hydraulic of plat requirements and it must be sufficiently detailed dredge)? BACKNOL -m caNS?-aver D?kE A" to guide agency personnel unfamiliar with the area to the H`t OaM.,C ?RLD6E ro nlovE Spot MATd?IA< site. Include county road (SR) numbers, landmarks, and s. Will wetlands be crossed in transporting equipment the like. to project site? No If yes, explain steps that will be taken to lessen environmental impacts. A stormwater management plan, if applicable, that may have been developed in consultation with the - Division of Environmental Management. 7 SHORELINE STABILIZATION a. Length of bulkhead or riprap N / A b. Average distance waterward of mean high water or normal water level tai / A A list of the names and complete addresses of the adjacent waterfront (riparian) landowners. These 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. SEE hIT'TAr.H)" AIT E 3/91 Name Address - Name Addre;. Name Address - A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. 1111- 9-1 , SAME T I)-P y%j J oc.To ack ?E 19,93 A check for $250 made payable to the Department of Environment, Health, and Natural Resources to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement on the use of public funds. If the project involves the expenditure of public funds, attach a state- ment documenting compliance with the North Carolina Environmental Policy Act (N.C.G.S. 113A-1 to 10). 9 CERTIFICATION AND PERMISSION TO ENTER ON LAND Any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit.- I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's ap- p,oved 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 z6tcd*ay of ;:?_y 4- 1 , 195. XNp,sb. ", T" Landowner or Authorized agent I? o T? T?- posstB?E, WE Wo" 0 Lt KE TrfrE 149 14 To P?Rtot)ICA?L`r Re?w TNtS PEI=d?iT FOR F[JTJRE VV%^1KTBK?KC? ??2L?DGI?rG- ? ? ?7IM t AUG 31 1995 DIVISION OF COASTAL MANAGEMENT 4 3/91 ATTACHffiIENT A DESCRIp'?'ION OF PROPOSED EXCAVATION SHINN POINT CANAL Ttem 6a Entering the tract from the A.Z.W.W., the canal is bulkheaded on the right side and is bounded by marsh on the left.side. This section of the canal is 1790 feet in_ length and 60' wide. The proposed top cut excavation in this section will be 25 feet in width. There is currently a bar at the mouth, giving a 3' MLW depth. Beyond this bar, the depth of this section varies from 4.3' MLW to 7.2' MLW with random humps and deep spots, but averages 5.1' MLW. We propose to dredge to a depth of 5' MLW at the inland end of this section, sloping down to a depth of 6.5' MLW at the mouth. Based on extensive soundings, we anticipate the removal of 1080 CY of spoil material from this section of the canal. The next section of the canal is bulkheaded on both sides, is 80' wide from bulkhead to bulkhead, and is 450' in length. The proposed top cut excavation in this section will be 301. The current depth of this section averages 4.1' MLW and we propose to excavate to a depth of 4.75' MLW at the inland end sloping to 5' MLW at the waterway end. We calculate that 430 CY of spoil material will be removed from this section. The final section of the canal is bulkheaded on all sides and serves as an oval-shaped turning basin. This basin is 260' in length and 125' at its widest point. At the widest point, the top cut excavation will be 75' with the excavation narrowing so as to stay 25' from the bulkheads. While a shallow portion at the far end measures 2.6' MLW, most of this section shows a depth of 4' MLW. We propose to excavate to a depth of 4.5' MLW at the far end sloping to 4.75' MLW at the waterway end. We anticipate that 270 CY of spoil will be removed from the turning basin area. (rn 1-n 7T7 I J AUG 311995 DIVISION OF ;OASTAL MANAGEMENT AUG 15,J5 DIVISION OF ,OASTAL MANAGEMENT -R;,?DSECT SiZ- ETC+1 E_S PAGE 1 5c-re GCCAr/owl MAP l-Aac Z T"f'LoSECT SkC-rck PAG£ 3 LOC-Arjom of SP0:4- DlsPoSA< AAEA PAGE 4 DE M(c. S of SPpiL 'MisPasA s AREA 9pp c? ? t?'?: Cho y`i ????sp Co 14' °* 0 NO 0 9 r i L s ?1 = ? 0 3 ?O L o PI V re ? E L Z A b Z u n > C - r L d a ?, y r q? W. W c n r„?T vc,? ?o ID# oe 40 o? '4p 'Ob ?A L A M 0 W ? 7D O -"? Z AUG 31 19-JS DIVISION OF ;ASTAL MANAGEMENT ? [r[ D ? t• n 0 ? L o d Z . V. TT ?. 9 =I n OD Y I ? w ? V o L O I ? n t` pC7- ° h ? L N •,...ca• 4 o lp L A ? a? ? a O q A 0 m N •• •\l: a a _ m C? C -CmL a 01am ??-2 ?_ 3 CL o V s m •c s 61 F Sr'. y o n do Q? a m a H )? V? z•°?= v LZ ? t• P?? 9 P rl ^?. 10 „ n Y tit m s +? 'moo ac ?d - na 0 fa 3s s p' n -? _ ` 2 i ??0t 7 3 - 7 tr r _ e 15' ; Z 'E L L ` r 9 rR, D J T A i ?s Al •? G •? ? v? ? ? w e p o L a ? r i 1C h q .0 Cj A r f11 e; o Z G A A Z r Q n c ? o ` i z « z ? G s 0 A. 2. W. \,). n (ft 'n 'or Z r rL E -+ m > z L 'I ? rn7! 0 a n D ? r T n ? ^ o I I 1 i i a e 0 z sa ? c? .? O M O . fD cic o a C C a n l y N O n o maLu ?o G r A T-n LT AUG 311995 DIVISION OF OASTAL MANAGEM ENT N Z L L n i A z i n Z 3 L C V SG4LE . I z 2 0 ?ou.-{ET?4Yt??c Go?/EK ? L?N?7 Y. /I IC 1.(.l V•?r'? ^1iLVV/f ?'?^I Ivl? Lu') U AUG 31 1US DIVISION OF :COASTAL MANAGEMENT 10'm'4. Xl =` "E SEA ?I D tom i Ra,OE VAR c5 V14 = -rYFI CIpL rjG,ALfi' I"" 10 Maintenance Dredging S .? Shinn Point Canal D New Hanover County, N.C. Assoc. Shinn Point Homeowners 5 3 July 199 C i AC>JU5T. 5:LASN bOARD5 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF December 7, 1995 Regulatory Branch Action ID No. 199600345 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: Reference the application of the Shinn Point Homeowner's Association for a Department of the Army permit to authorize the maintenance excavation of an existing canal into the Shinn Point subdivision. The proposed work will result in the excavation of 3,839 cubic yards of material from 77,750 square feet of unvegetated shallow bottom. The dredged material is to be placed on an existing diked disposal island. The project is located on a canal off of Greenville Sound, in wilmington, New Hanover, 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 condition(s) be included in the State authorization: All work authorized by this permit must be performed in strict compliance with the permit plans. All excavated materials will be confined landward of the mean high water (MHW) elevation contour and any regularly or irregularly flooded vegetated wetlands within adequate dikes or other retaining structures to prevent spillover of solids into any vegetated wetlands or surrounding waters. The terminal end of the pipeline from the dredge into the diked retention area will be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to prevent dike erosion and to allow adequate settlement of suspended solids. A water control structure will be installed at the intake and of the effluent pipe leading from the retention area in order to ensure maximum settlement of suspended solids. Flow from the diked retention area will be confined by pipe, trough, or similar device to a point at or below the mean low water (MLW) elevation contour to prevent gully erosion and siltation. No excavated or fill materials will be placed at any time in any vegetated wetlands or waters. No vegetated wetlands will be excavated or filled. Excavation will not exceed 6.5 feet below the elevation of mean low Printed on 9 Recycled Paper water (MLW). This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage or injury to the authorized structure or work which may be caused from existing or future operations undertaken by the United States in the public interest. 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. No excavated or fill material will be placed in any location or in any manner so as to impair surface water flow into or out of any wetland area. 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. The authorized structure and associated activity will not cause an unacceptable interference with navigation. 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 in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. If possible, under applicable law, the permittee will incorporate this permit as part of the documents reflecting title to or interest in the real property affected. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authorizations required by law. This permit does not grant any property rights or exclusive privileges. In issuing this permit, the Federal Government does not assume any liability for: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public. 2 c. Damages to other permitted or unpermitted activities or structures caused by the authorized activity. d. Design and construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. MAINTENANCE DREDGING: The work authorized herein includes periodic maintenance which may be performed for ten years from the date of issuance of this permit provided: a. The permittee will advise the District Engineer in writing at least two weeks before he intends to undertake any maintenance dredging. b. The proposed area to be dredged, method of dredging and disposal of dredged material will be in strict accordance with that authorized by this permit. Questions or comments may be addressed to Mr. Jeff Richter, Wilmington Field Office, Regulatory Branch, telephone (910) 251-4636. Sincerely, Ernest Jahnke Wilmington Regulatory Field office 3 Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management orth Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. R. (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 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Bob Stroud, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 4