20051795 Ver 1_Public Notice_20050921

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US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: September 19, 2005
Comment Deadline: October 19, 2005
Corps Action ID #: 200501105
All interested parties are herby advised that the Wilmington District, Corps of Engineers
(Corps) has received an application for work within jurisdictional waters of the United
States. Specific plans and location information are described below and shown on the
attached plans. This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www.saw.usace.army.mil/wetlands
Applicant: Almont Shipping Company
One Hanover Street ~~pd(~ p
Wilmington, North Carolina 28401 0
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AGENT (if applicable): Land Management Group, Inc. `~~~-
Post Office Box 2522 ,;;;fR o~~A!-tN
Wilmington, North Carolina 28402 0 ..iS-'~;~~,~r,icPBR1J'~H
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to Section 404 of the Clean Water Act and
Section 10 of the Rivers Act of 1899.
Location
The project area is located within Almont Shipping Terminals property on the Northeast
Cape Fear River in downtown Wilmington, North Carolina. The Almont property totals
35-acres and is situated amongst several street blocks in the northern downtown area.
Specifically, the property extends from the river to Front Street/North Front Street.
Almont's southern property limit is roughly located at Hanover Street and the northern
property limit is roughly located at Cowan Street. The site is located at Latitude 34-14-
39 north and Longitude 77-57-08 west.
Proposed Project
The applicant proposes to construct a 204-slip marina containing 173 permanent wet slips
and 32 slips in the form of transient side-to dockage. Permanent slips will be 50' and 60'
in length. Transient slips will be 60' to 50' in length. Permanent slips will be available
for lease and/or purchase by the public and/or residents of future upland development.

Transient slips will be available for short-term, fee-daily use by the public. Fuel service
is proposed, although no other maintenance or marine services are proposed. The city's
public Riverwalk would be extended along the perimeter of the basin, just landward of
the bulkhead.
The planned basin will begin at the existing southern-most canal and extend along the
shoreline to the northern end of the existing concrete dock. Basin excavation will be
located partially in upland and partially within the existing man-made canals and
warehouse footprints. This will result in an approximately 15-acre, partially open basin.
A relatively small area waterward of the canals and landward of the pierhead line will be
also be excavated. Existing elevations within the basin footprint range from
approximately +10' MSL to -10' MSL. Dredging is proposed to a final project depth of -
9' MLW (-9.9' MSL). This will result in approximately165,000 cy of excavated material
(140,000 below MHW and 25,000 above MHW). Preliminary investigation indicates
sediments are non-homogenous, containing sand and mixed fill materials. Dredging will
be performed with aland-based excavator and a hydraulic pipeline dredge and material
will be de-watered in a temporary containment dike with outfall. A spoil disposal area
has been designated at the northern limit of the Almont property, just south of Cowan
Street. An engineered dike will be installed around the disposal area and will remain in
place to permanently contain the material. The disposal area is currently part of the
cleared industrial property and no wetlands are present. During dredging, an oil boom
with a draped filter front (sediment curtain) will be installed at the waterward project
limits to prevent turbidity in the river. Steel sheet pile will provide both bank
stabilization and lateral support for the Riverwalk.
The entire southern canal will be needed for the basin. An agreement for easement, long-
term lease, or sale of this 60'-wide strip will be obtained and executed prior to
construction.
Within the marina basin, six dock spines are planned roughly perpendicular to the
shoreline. These docks are referenced as Docks A-F, from south to north respectively.
All proposed permanent slips would be located on these docks. All floating docks in the
basin will be 9'-wide concrete docks with 4'3"-wide concrete floating fingers. Floating
"t"s at the end of Docks A-E will provide nine of the transient, side-to slips. The
existing, fixed concrete dock (now used as the Almont terminal) will remain and will be
incorporated into the marina. New 9'-wide floating docks will be installed around the
fixed dock and will offer 23 transient, side-to slips. The concrete dock will provide
nearly 5,000 sq.ft. of public waterfront access and support a dockmaster building.
Standard marina construction techniques will be incorporated with the usage of concrete
docks and corrosion-resistant fasteners and hardware. The dock system will provide
customary utilities to service individual slips, and connection to municipal water and
sewer service is planned. A dock master's office containing bathrooms will be located on
upland at the northern edge of the basin. Fuel dispensers will also be located along Dock
F in front of the dock master building. A marina operations manual will provide fuel
safety and spill clean up procedures, and an emergency shut off valve will be clearly
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located on each dispenser. Underground fuel tanks will be located just north of the dock
master building. A portable pump-out or scout boat will be available, and a permanent
pump-out station will be located at Pier F. Contracted removal service will be used for
disposal of the wastewater. A "no overboard discharge" policy will be established, and
signs will be posted indicating this policy.
Proposed excavation areas currently contain warehouses A, B, and C. Removal of all
three warehouses will be required. The warehouses contain asbestos siding and
potentially asbestos roofing. Removal and demolition of the entire buildings is currently
underway.
Upland development will be limited to the installation of bulkhead tiebacks, construction
of a dock master building and associated parking, construction of the Riverwalk, and
minor landscaping. The applicant proposes to extend the city's public Riverwalk along
the length of the entire project. Although not yet constructed, the Riverwalk is planned
on the adjacent property to the south. This project would extend the Riverwalk from that
location, around the perimeter of the marina basin and to the northern project limit. The
Riverwalk will be dedicated to the city following construction. A Stormwater
Management Plan and a Sediment and Erosion Control Plan will be approved by the state
prior to construction.
Existing Site Conditions
Based on information from historic Sanborn Insurance maps and the owner's records, the
property has been utilized as some type of industrial shipping operation since the 1870's.
The facility has been known as Almont Shipping Terminals since 1965, however
ownership has changed during that time. The current operation provides the transport
and movement of various bulk commodities including but not limited to: chrome ore,
salt, urea, and aggregate material. Site conditions reflect the historic and current
industrial usage, and virtually the entire site has man-made alterations. Currently located
on the site are unused and active warehouses, rail, asphalt roads, areas of compacted dirt
and gravel, several maintenance and storage buildings, an office building, concrete dock
with rail access, and storage pads for bulk materials. Very little vegetation or grass exists
on the property except in narrow fringes along the waterfront. It is likely that the
majority of the property is considered existing impervious cover.
Land use ir. the adjacent vicinity is largely commercial. The Coastline Convention
Center, the Wilmington Railroad Museum, and the Greater Wilmington Chamber of
Commerce are located to the south. Cape Fear Community College, a broadcasting
station, and a Salvation Army facility are located to the east. Adjacent riparian
landowners are Deans Hardwoods Inc., to the immediate north and PPD Inc., to the
immediate south. The CAMA Land Use designation for the subject property is
Developed/Municipal, and local zoning for is Central Business District (CBD).
Elevations have been historically altered for function of the land-based portion of the
shipping operation. However, the basic landscape position retains a general drop in

elevation from Almont's eastern property limits to the riverfront. A near vertical slope is
located along the river's edge, with an approximate 3' drop from the adjacent upland to
the river. Any naturally sloping elevations here have been historically altered to support
the water-based activities of the operation. Due to the lack of gentle slopes, fringing
wetlands are absent along most of the shoreline.
Soils across the entire property are mapped by the Natural Resource Conservation
Service (NRCS) as Urban. The urban soil series consists of "areas where the original soil
has been cut, filled, graded or paved so that most soil properties have been altered to the
extent that a taxonomic soil series is not recognized" (New Hanover County Soil Survey,
1977). An on-site evaluation confirmed soils are highly variable due to these historic site
renovations and filling.
Waters of Northeast Cape Fear River in the general vicinity of the property are classified
by the N.C. Environmental Management Commission as SC. This classification indicates
the best usage of these waters would be those activities which protect "aquatic life
propagation and survival, fishing, wildlife, and secondary recreation". The N.C. Division
of Marine Fisheries has classified waters in the general vicinity to be Primary Nursery
Area (PNA).
Applicant's Stated Purpose
This project would provide an opportunity for Almont Shipping to re-locate to the State
Port facility south of downtown Wilmington. This location would place the shipping
terminal below the Cape Fear River Memorial Bridge, in an area ofwell-maintained
water depths, and would reduce the travel distance from the mouth of the river. All of
these factors would improve access for the associated large ship traffic. In addition,
location within the State Port would place the facility in an area consistent with its
industrial character. Re-location of Almont Shipping would also allow the existing
property to be re-developed in a manner more synergistic with downtown Wilmington.
Re-development would provide an opportunity to increase the attraction of downtown
Wilmington and expand the amount of waterfront accessible to the public. The city's
recognized planning goals for this specific property include such a re-location and re-
development (Wilmington Downtown: Vision 2020). A marina with available slips,
transient dockage, and fuel service would increase both the resident and visiting public's
use of the larger downtown area. The proposed Riverwalk extension would also meet
city planning goals for increased pedestrian access. This project would meet several
needs including those of the applicant and the public.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
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serves as application to the NCDWQ for certification. A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by
October 12, 2005.
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project may adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service. The proposed project will require dredging in
waters classified as a Primary Nursery Area (PNA) by the North Carolina Division of
Marine Fisheries. The PNA classification means that a variety of juvenile finfish and
shrimp develop in these waters.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and discovered Warehouse A (on the project site) is listed as a contributing
structure on the Wilmington National Register Historic District. The Corps is not aware
of any other registered properties, or properties listed as being eligible for inclusion
therein within the project area, but the project is located near the Wilmington Historic
District. Presently, unknown archeological, scientific, prehistoric, or historical data may
be located within the project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973 (ESA), that the proposed project may affect federally listed endangered or

threatened species or their formally designated critical habitat. The proposed project will
take place in habitat that the American alligator (Alligator mississippiensis) and
Shortnose sturgeon (Acipenser brevirostrum) are known to occur. Consultation under
Section 7 of the ESA will be initiated and no permit will be issued until the consultation
process is complete.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
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 discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps is soliciting comments from the public; Federal, State and local agencies and
officials; Indian Tribes and other interested parties in order to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the
Corps 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.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
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Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until Spm, October 19, 2005. Comments
should be submitted to Henry Wicker, Wilmington Regulatory Field Office, Post Office
Box 1890, Wilmington, North Carolina 28402.
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