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HomeMy WebLinkAbout19970997 Ver 1_Complete File_19990122State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director e?? D E N R January 22, 1998 Onslow County DWQProject # 970997 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Ms. Terri Potts Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, INC 28460 Dear Ms. Potts: You have our approval, in accordance with the attached conditions and those listed below, to bulldoze 12.2 mils of ocean for the purpose of restoring the emergency berm at North Topsail Beach, as you described in your application dated November 24, 1997. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3112. In addition, you should get anv other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This approval is only valid for the purpose and design that you described in your application except as modified below. If you change your project, you must notify us and you may be required to send us a new application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. This Certification shall expire one year after the date of issuance of the CAML A Permit or approval of the monitoring plan, whichever is later. A new application for Certification will then be required. 2. Beach bulldozing shall not occur between May 1 and November 15 to minimize impact to aquatic life. 3. Excavation depth shall not exceed one foot in depth. 4. Written approval from DWQ is required for a monitoring plan to assess the impact of this project on intertidal infauna abundance and diversity. An undisturbed reference site is required in this plan. Results of the monitoring will be used to determine whether future bulldozing can receive additional Certifications. Mr. Eric Fleek of the DWQ Central Office can be contacted at 919-733-1786 for assistance in developing and reviewing this plan. 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 Hearinas, 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786. inc , J r. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DWQ Regional Office John Parker, DCM 970997.1tr Division of Water Quality - Non-DischargeBranch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper January 21, 1998 MEMORANDUM TO: John Dorney FROM: Eric Fleek SUBJECT: North Topsail Beach Bulldozing/Berm Enhancement-401 Conditions ?., All \ 66A be- «?d dot. To ?V? ._ . - -- ' -torough literature review I believe that the following ?)6112V 0. CftVkk PVVM4. - F eertifiealion. Le i occurring between May 1 through November 15 to ?ral) invertebrates. )tin depth. v W i increase in the prior authorized dimensions of the -V-" cy, )LeacL "LW( ?0,j abundance and diversity is gathered at the project site. bundance and diversity is gathered at an undisturbed ail Inlet and New Topsail Inlet, or the beach between Rich 5 require prior approval by DWQ. January 21, 1998 MEMORANDUM TO: John Domey FROM: Eric Fleek SUBJECT: North Topsail Beach Bulldozing/Berm Enhancement-401 Conditions Based on a review of the application and a thorough literature review I believe that the following conditions should be required for the 401. 1) That the 401 expire one year from the date of eertifiaation. 2) That the beach bulldozing be prohibited from occurring between May 1 through November 15 to minimize impacts to intertidal (and supralittoral) invertebrates. 3) That the excavation depth not exceed one foot in depth. ,??? WQ 4) That the new bulldozing does not result in an increase in the prior authorized dimensions of the emergency beach berm. 5) That intertidal infaunal invertebrate pre/ post abundance and diversity is gathered at the project site. 6) Reference data regarding intertidal infauna abundance and diversity is gathered at an undisturbed reference site (e.g., beach between Old Topsail Inlet and New Topsail Inlet, or the beach between Rich Inlet and Old Topsail Inlet). 7) That the study design for condition #5 and #6 require prior approval by DWQ. January 8, 1997 MEMORANDUM TO: John Dorney FROM: Eric Flee SUBJECT: N. Topsail Beach bulldozing/Dune Enhancement (ONSLOW, DWQ#970997) After review of the application for this project for the Wetland/401 group, it is my recommendation that this project application be formally placed on hold until such time as the technical concerns (attached) are addressed either in the form of an EA or an EIS. A memorandum (dated 1/6/98) was sent to DCM requesting that they require an environmental document for this project. January 6, 1998 MEMORANDUM TO: Michelle Suverkrubbe THROUGH: John DornY`rd FROM: Eric Fleek ! SUBJECT: North Topsail Beach Dune Restoration/Bulldozing (DWQ#970997) Based on a review of the application for dune enhancement/bulldozing on North Topsail Beach from the Division of Coastal Management (received on November 24, 1997), the Wetlands/401 Group of the Division of Water Quality (DWQ) believes that this project should require an Environmental Impact Statement or an Environmental Assessment before receiving a 401 Water Quality Certification. We believe that this action is necessary for the following reasons: 1) This is a very large project when considered cumulatively. If all beach bulldozing permits are granted for Topsail Island a total of more than 20 miles (essentially the entire shoreline) will be bulldozed. As a result DWQ believes that the existing uses at this beach could be removed as many populations of invertebrates crucial to commercial/recreationally important finfish and shellfish could be removed totally or otherwise significantly impacted. In addition, the bulldozing and resultant invertebrate mortality along the entire length of the strand will likely delay or preclude subsequent recruitment of this important invertebrate food source back to the disturbed areas. The reason for this is that nearly all of the potential unaffected areas which could serve as recruitment centers for disturbed areas would be absent. Furthermore, as the application indicates, the current proposed activity is for enhancing the berm, which was originally constructed last year. Since this permit is good for five years and the applicant has already conducted an annual bulldozing frequency, DWQ believes that for these and other reasons an environmental document is strongly warranted for this project. In partial support of this we offer the following: Invertebrates important as prey items for commercially important fin/shellfish which are known to be adversely impacted by beach renourishment and beach bulldozing projects include the Mole Crab (Emerita talpoida) and the Coquina clam (Donax variabilis). E. talpoida and Donax variabilis will likely be killed in all areas bulldozed. Those not killed initially will likely die due to desiccation and or suffocation once removed to the supralittoral zone. In addition to these "primary" impacts, an important secondary impact associated with beach bulldozing is that of lowering the existing beach profile. Altering the natural slope of the beach has been demonstrated to adversely effect both Donax and Emerita. For example, Mikkelson (1981) demonstrated adverse impacts to Donax related to lowered beach profiles. A lowered beach profile is anticipated for this project. Recovery times for disturbed beaches with populations of Emerita talpoida range between one month, two months and up to one year depending on the size class with smaller sizes having a longer recovery time (Hayden and Dolan 1974, Reilly and Bellis 1983, Dolan and Donaghue 1993). In addition, Emertta and Donax both have been shown to exhibit sustained disruption of recruitment for 1-2 years after disturbance on isolated beaches (Hackney et al. 1996). The fact that nearly all of this beach strand is to be bulldozed this year effectively isolates this beach system, as all potential for recruitment of these and other species will be removed. In addition, despite this project occurring during the winter/early spring, the reproduction of Donax has been shown to start in early March (Reilly and Bellis, 1978). Additionally, Emerita has a very short larval period (approx. 28 days) and as a result has a limited dispersal range usually restricting recruitment to areas only in the immediate vicinity of the disturbed sites (Rees 1959). Donax depends on specific beach slopes for tidal migration (Mikkelson, 1981). Alterations in the beach's natural slope may negatively impact the ability of Donax to tidally migrate and thereby further limit its recruitment potential. Emerita and Donax are important food sources for shorebirds, Portunid crabs (including, but not limited to the Blue Crab, Callinectes sapidus), and many species of fmfish (McLachlan 1978, McLachlan 1979, Wade 1967, Schneider 1982). In fact, gut analyses conducted in 7 species of common surf zone fish (Menidia menidia (Silvesides), Menticirrhus spp. (Whiting), Paralichthys dentatus (Summer Flounder), Trachinotus carolinus (Pompano), Micropogon undulatus (Croaker), Leiostomos xanthurus (Spot), and Caranx hippos (Cravelle Jack) revealed a near total dependence on Emerita and Donax (Reilly and Bellis, 1978). The absence of Donax from the beach for any extended period of time could result in serious ecological consequences as Donax contributed up to an order of magnitude greater biomass than any migrating consumer and up to 12% of the total available secondary productivity (Leber 1977). As a result, any disruption in adult populations of these invertebrates may cause negative impacts to surf zone fish which are highly dependent on them as food sources (as described below). Reilly and Bellis (1978) go so far as to state: "Low secondary productivity resulted in a reduced utilization of the nourished beach by migrating consumers of commercial and sport interest." Traditional thinking regarded the surf zone as a continuous open habitat swept by waves and currents, however it may actually operate as a self contained system (Ross 1983, Hackney et al. 1996). In support of this view it has been clearly demonstrated that many species of fish use the surf-zone as a juvenile nursery area and that they often stay within the same -100m of beach for periods of up to 27 days (Ross and Lancaster 1996). Specifically, individual Pompano (Trachinotus carolinus) and Gulf Kingfish (Menticirrhus littoralis) were found to inhabit an individual-specific stretch of surf zone (Ross and Lancaster, 1996). The implications of these results indicate that local disturbances could have significant impacts on the behavior and or survival of juvenile fishes in these areas and that since they are restricted to a certain section of beach it is important that their food sources not be disturbed several months prior to and during their recruitment seasons (Ross and Lancaster, 1996). The importance of surf zones for fish habitat has been largely underestimated (Bennett, 1989). In fact, surf zone icthyofaunas hold similar numbers of species as those which inhabit estuaries (Bennett, 1989) and are highly diverse (Moyle and Cech, 1988). A total of 102 fish species are know to be caught from North Carolina beaches and piers (Hackney et al. 1996) and North Carolina likely has the largest commercial surf zone harvest on the east coast (Hackney et al. 1996). Of the 102 fish species common to the surf zone, only two species have been studied in regards to their strong juvenile dependence on specific stretches of surf zone for habitat and forage (Ross and Lancaster, 1996). If the paradigm demonstrated in the Ross and Lancaster paper holds for any of the other 102 species, the importance of the surf zone for commercial and recreational fisheries could be extremely significant. 2) The Wetland/401 Group believes that beach bulldozing may not be an effective method for the protection of oceanfront property and that it should not be considered re-nourishment. The Wetland/401 Group believes that this project may actually hasten the erosion of the beach. Furthermore, the longevity and durability of this project will likely be such that this activity will need to be done on an annual basis for repair purposes (as mentioned earlier, this current permit in question is requesting enhancement of a berm constructed just last year). Since the CAMA permit (if issued) is good for 5 years, the applicant can (if they desire, or unless prohibited by the CAMA permit) bulldoze as often as possible (excluding turtle nesting seasons) for the duration of the 5 years. Again, this possibility of annual to semi-annual frequency (not to mention the prior discussion regarding the length of the proposed project) may likely prove too much for local invertebrate populations and their corresponding finfish/shellfish predators to overcome. We believe that issues like this need to be addressed and discussed in an EA/EIS. Similarly, alternatives to bulldozing should also be discussed. In further support of these views we offer the following: Wrightsville Beach, N.C. in 1965 constructed a beach berm 14,000 ft. long, 25ft.wide, and 15 ft. above M.L.W. consisting of a total of 2,933,000 yd3 of material (Pearson and Riggs, 1981). This project was congressionally authorized and was intended to be a "long term" beach stabilization and was supplemented by additional beach renourishment projects in 1966, and 1970 where a total of 1,697,000 yd3 of material was placed on Wrightsville Beach (Pearson and Riggs, 1981). A later survey by the USACOE documented that the artificially constructed beach berm was either totally eliminated or had resulted in a vertically scarped berm (Pearson and Riggs, 1981). This vertically scraped berm was demonstrated to act as a bulkhead which further promoted offshore transport of sediment from the beach during high energy storm conditions (Pearson and Riggs, 1981). In 1977 Sandy Hook NJ initiated an emergency beach berm project consisting of sand being bulldozed into a high narrow ridge to function as a barrier to overwash and flooding (Leonard et al. 1990). This beach berm resulted in the formation of a near vertical scarp which was demonstrated to keep water and sediment in motion (Leonard et al. 1990). The result was the transformation of the "attenuated foreshore into a continuous transport surface" (Leonard et al. 1990). This "continuous transport surface" resulted in the fill being transported rapidly to adjacent beaches where a beach downdrift from the fill gained over 30 feet in width (Leonard et al. 1990). This rapid transport of artificially constructed beach berms may result in many areas of the proposed berm to be removed faster than others and may therefore likely result in future requests for further berm "enhancement". Pilkey and Ross (1989) have testified before Congress that: "Predictions of replenished beach durability are always wrong." • Kana and Svetlichny (1982) note that beach bulldozing is the "poor man's replenishment" and that technically it is not actual replenishment since no new sand is added to the beach. In addition, in certain instances beach berms have been shown to erode away in times ranging as short as several weeks to four months (Leonarad et al. 1990). Again, due to this project's size (12.2 miles) and the combined effects of beach bulldozing requests from Surf City (6 miles) and Topsail Beach (remainder of the island) the Wetland/401 Group believes that the adverse impacts to invertebrate prey crucial to commercially and recreationally important surfzone fmfish and shellfish on Topsail Island may be significant. Impacts including: initial mortality {mechanical 1, secondary impacts {desiccation, smothering and suffocation, and the alteration of the beach profile), and the disruption of essentially the entire available habitat will likely cause this strand to be recruitment limited for Emerita and Donax for many seasons. Further, the changes in beachforms and the formation of scarps associated with beach berms may actually hasten erosion. These aforementioned factors combined with the ephemeral nature of beach berms and their lack of effectiveness in the protection of oceanfront property compels us to request that you approach The Division of Coastal Management to require an environmental document for this project. If there are any questions regarding this matter please feel free to contact Mr. Eric Fleek at 733-1786 or via e-mail: eric fleek@dem.ehnr.state.nc.us . Cc: Dennis Ramsey, Joanne Steenhuis Literature Cited Bennett, B.A. 1989. The fish community of a moderately exposed beach on the southwestern Cape Coast of South Africa and an assessment of this habitat as a nursery for juvenile fish. Est. Coast. Shelf Sci. 28: 293-305. Dolan, R. amd C. Donoghue. 1993. Monitoring and analysis of 1992 beach nourishment placed on Pea Island, North Carolina. Report to the U.S. Fish and Wildlife Service. Pea Island National Wildlife Refuge, Manteo, North Carolina. Hackney, C.T., M.H. Posey, S.W. Ross, and A.R. Norris. 1996. A review and synthesis of data on surf zone fishes and invertebrates in the south Atlantic bight and the potential impacts from beach renourishment. U.S. Army Corps of Engineers, Wilmington District. 11 lpp. Hayden, B. and R. Dolan. 1974. Impact of beach nourishment on distribution of Emertia talpoida, the common mole crab. Journal of the Waterways, Harbors and Coastal Engineering division ASCE 100:WW2. Pp. 123-132. Kana, T.W., and M., Svetlichny. 1982. Artificial manipulation of beach profiles. Coastal Engineering, pp. 903-922. Leber, K.M. 1977. Seasonal community dynamics of macrobenthos on a high energy sandy beach in North Carolina. Master's Thesis, East Carolina University, Greenville, N.C. 89pp. Leonard, L., T.D. Clayton, and O.H. Pilkey. 1990. An analysis of replenished beach design parameters on U.S. East Coast Barrier Islands. Journal of Coastal Research. 6(1): 15-36. McLachlan, A. 1979. Growth and production of Donax sodidus, on an open sandy beach in Algoa Bay. S. Afr. J. Zool. 14:61-66. McLachlan, A. 1983. Sandy beach ecology-A review. Pp. 321-380. In: McLachlan, A. and T. Erasmus (eds.), Sandy beaches as ecosystems. Developments in Hydrobiology 19. Dr. W. Junk. Publ., Boston. Mikkelson, P.S. 1981. A comparison of two Florida populations of the Coquina Clam, Donax variabilis. I. Intertidal Density, Distribution and Migration. Veliger 23:230-238. Moyle, P.B., and J.J. Cech, Jr. 1988. Fishes an introduction to Icthyology. 2nd Ed. Prentice Hall, Englewood Cliffs, N.J. 559 pp. Pearson, D.R., and S. R. Riggs. 1981. Relationship of surface sediments on the lower forebeach and nearshore shelf to beach nourishment at Wrightsville Beach, North Carolina. Shore and Beach Journal. Vol. 49. Pp 26-31. Pilkey, O.H. and K. Dixon. 1989. "Testimony of Orrin H. Pilkey, Jr. before the Environment, Energy, and National Resources Subcommittee of the House Committee on Government Operations." April 28, 1989. Rees, G.H. 1959. Larval development of the sand crab Emerti talpoida (Say) in the laboratory. Biological Bulletin 117:356-370. Reilly, F.J., and V.J. Bellis. 1978. A study of the ecological impact of beach nourishment with dredged materials on the intertidal zone. Institute for Coastal and Marine Resources Technical Report No. 4. U.S. Army Corp of Engineers, Wilmington District. 107 pp. Reilly, F.J. and V.J. Bellis. 1983. The ecological impact of beach nourishment with dredged materials on the intertidal zone at Bogue banks, N.C. Misc. Report No. 83-3. USACOE Coastal Engineering Research Center, Ft. Beloved Va. 125pp. Ross, S.T. 1983. A review of Surf Zone Ichthyofaunas in the Gulf of Mexico. Proc. N. Gulf of Mexico Est. Barrier Islands Res. Conf. Biloxi, MS. Ross, S.W. and J.E. Lancaster. 1996. Movements of juvenile fish using surf zone nursery habitats and the relationship of movements to beach nourishment along a North Carolina beach: pilot project. Final Report Submitted to NOAA Office of Coastal resource Management and the US Army Corps of Engineers (Wilmington District) for National Oceanic an Atmospheric Administration Award No. NA570Z0318. Schneider, D. 1982. Predation by Ruddy Turnstones (Arenaria interpres) on a polymorphic clam (Donax variabilis) at Sanibel Island, Florida. Bull. Mar. Sci. 32: 341-344. Wade, B.A. 1967. Studies on the biology of the West Indian beach clam, Donax denticulatus. Bulletin of Marine Science 17:1. Pp. 149-174. To: John Dorney Environmental Sciences Branch DIVISION OF WATER QUALITY CAMA MAJOR PERMIT APPLICATION REVIEW REVIEWER: STEENHUIS? ?' V V ACTING WQ SUPERVISOR: SHIVER- S S DATE: November 21, 1997 WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING PERMIT YR: 97 PERMIT NO.: 970997 COUNTY: Onslow PROJECT NAME: North Topsail Beach - emergency berm enhancement PROJECT TYPE: Beach Bulldozing PERMIT TYPE: CAMA COE #: N/A DOT#: N/A RCD FROM CDA: DCM DATE FROM CDA: November 10, 1997 REG OFFICE: WiRO RIVER AND SUB BASIN#: 030624 *STREAM OR ADJACENT WATER BODY: Atlantic Ocean CLASS: SB STREAM INDEX #: 99-(3) *OPEN OR CLOSED: N/A D F WL IMPACT: N/A WL TYPE: N/A C % WL REQUESTED: N/A WL ACR EST: N/A WL SCORE: N/A MITIGATION: N/A MITIGATION TYPE: N/A MITIGATION SIZE: N/A RATING SHEET ATTACHED?: N/A RECOMMENDATION: ISSUE STORMWATER PLAN REQ' D: IF YES, DATE APPROVED: PROJECT DESCRIPTION: The Town of North Topsail Beach is applying for a Major Modification and renewal of their CAMA Major Permit #1-94. The proposed modification would allow for beach bulldozing along a 12.2 miles of beach within its jurisdiction for the purpose of enhancing the emergency berm constructed last year. WATER QUALITY CERT. (401) CERT. REQ'D: Yes IF YES, TYPE: General Certification #3112 for CAMA Major Permits SEWAGE DISPOSAL TYPE OF DISPOSAL PROPOSED: N/A TO BE PERMITTED BY: N/A IF BY DWQ, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A WATER/WETLAND FILL AREA OF FILL - WATER: N/A WETLAND: N/A IS FILL ELIMINATING A SIGNIFICANT USE? N/A DREDGING IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS OF RESOURCE? N/A IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? N/A . -?? .,?;?,, .1 ; .. to ' ? .,;. 970997.nov Page Two MARINA ARE THE FOLLOWING ADEQUATELY ADDRESSED? SEWAGE DISPOSAL: N/A MARINA SERVICES: N/A OXYGEN IN BASIN: N/A CLOSURE OF SHELLFISHING WATERS: N/A (ATTACH A MARINA USE ATTAINABILITY EVAL.) RECOM1yWNDED CONDITIONS OR PERMIT RESTRICTIONS: That the project be done in such a manner so as to not cause turbidity outside the immediate construction area to exceed 25 NTU. That the project certification include the following conditions: 1. The newly enhanced Dunes be planted with appropriate beach grasses for stabilization 2. Sand fencing is to be installed to promote the natural buildup of wind-blown beach sand to further enhance and stabilize the dune line 3. The Town realizes that this is not considered to be an acceptable yearly practice due to the overall negative impact to the beach ecosystem. (It would be difficult for the macro fauna to re-establish themselves on a yearly basis, thus causing a major impact to the ecosystem. The additional sand that will be pushed up into the dune line will be taken out of the beach "system" and may cause additional impacts of sand starvation down the beach not anticipated in this project.) cc: Central Files Wilmington Regional Office Files DCM- Janet M. Russell John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: North Topsail Beach Dune Restoration 2. LOCATION OF PROJECT SITE: Town Limits of North Topsail Beach, Onslow County Photo Index - 1995: 28-367 through 28-378 State Plane Coordinates - N/A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - Numerous Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - October 23, 1997 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan -Town Of North Topsail Beach Land Classification From LUP - Conservation,,-' 1 (B) AEC(s) Involved: Ocean Hazard (C) Water Dependent: N/A (D) Intended Use: Provide Protection For Existing Structures, (E) Wastewater Treatment: Existing - N/A? Planned - N/A (F) Type of Structures: Existing - Emergency Berm Planned - Enhanced Berm (G) Estimated Annual Rate of Erosion: 2'-5'/year M fiat i ?n? Source - DCM Erosion Rate Maps VV ( 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non-Vegetated Wetlands (C) Other Bulldozing Ocean Beach 12.2 Miles (D) Total Area Disturbed: Approximately 148 Acres (E) Primary Nursery Area: N/A (F) Water Classification: SB Open: N/A 8. PROJECT SUNEVIARY: The Town Of North Topsail Beach is applying for a Major' Modification and renewal of their CAMA Major Permit #1-94. The proposed modification would allow for beach bulldozing along the 12.2 miles of beach within its jurisdiction for the purpose of enhancing the emergency berm constructed last year. • .b NORTH TOPSAIL BEACH DUNE RESTORATION Page 2 9. PROJECT DESCRIPTION The Town of North Topsail Beach is located on Topsail Island, a barrier island separating the Atlantic Intracoastal Waterway and the waters of the Atlantic Ocean. North Topsail Beach shares this island with two other towns, Surf City and Topsail Beach. North Topsail Beach lies within Onslow County. Topsail Island experienced wide spread damage during Hurricanes Bertha and Fran in 1996. Severe beach erosion resulted in the loss ~of 307,,to 75' of frontal dune mass, The Town Of North Topsail Beach requested and received endorsement from Federal Emergency Management Agency to construct an emergency berm along the oceanfront. This berm was constructed out of bulldozed sand, pushed landward from the wet sand beach. The emergency berm was designed to provide protection from a five-year storm event. A random cross-section of this structure today approximates a 5' high structure with a base width of 35' - 40'. The berm was constructed landward of the intertidal area as far as was feasible. In areas with surviving dune remnants, the emergency berm was pushed against the erosion escarpment. By submittal of this application, the Town of North Topsail Beach is proposing a renewal of and major modification to an existing Major CAMA Permit, #1-94. The existing Major Permit allows for the expedient approval of beach bulldozing as requested by individual property owners. The permit was issued on January 6, 1994 and expires on December 31, 1997. The proposed modification being requested would allow the Town of North Topsail Beach to hire a private contractor to bulldoze the entire 12.2 miles of ocean beach within the North Topsail Beach jurisdictional limits. The pushed-up, sand would be used to enhance the existing emergency berm constructed last year. The height and width of the berm would be increased as a result of the proposed work. Most areas of the beach are evidencing a buildup of sand from the past Spring and Summer seasons. Any bulldozing activity authorized would be limited to a total excavation depth of one foot (1') as provided for under T15A: 07H.1805, Specific Conditions. 10. ANTICIPATED E%IPACTS The proposed beach bulldozing will result in the lowering of the existing beach profile. The area of disturbance will be approximately 148 acres of intertidal and dry sand ocean beach. Creatures who inhabit the intertidal zone will likely be adversely affected by the proposed work. A requirement that the work be carried out during the Winter months will result in less impact to plants and animals who utilize this environment during the Spring, Summer and Fall. Additional protection will be afforded to existing roads, homes and infrastructure that are presently threatened from the beach erosion. Janet M. Russell / November 12, 1997 / Wilmington '- Form' DCM-MP-1 APPLICATION (To be completed by all applicants) b. City, town, community or landmark 1. APPLICANT t 1JoLT H 70PSA jL- 8epc"tl -? -\ Street address or secondary road number a. Landowner: S.' _ 109 f (' tL IJJI Name -•,, ;? , ;; ; d. Is proposed work within city limits or planning s? 1 - ., urisdiction? X Yes No 41JOASTAL Address City Zip Day Phone Fax State b. Authorizer) Agent: Name OWO Of:- 1 09-t H VS+'a (L 09CA Address Zoo'K (x7G?eYC N? CT' City N . 1d R I & PCO State NC Zip ZY 4 U Day Phone L, O? 3Z-B- 31 SG Fax (9 10) 32i -- 4sso c. Project name (if any) /J/ A NOTE: Permit will be issued in name of landowner(s), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County C PSL_bv?' e. Name of body of wa er nearest project (e.g., river, creek, sound, bay) _ ATLAPj T) C OCR 14Aj 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or fillin activities. b. Is the proposed activity maintenance of an existing b. Is the proposed activity maintenance of an existing project, new work, or both? ? 6T-IA c. Will the project be for public, private or commercial use? PLka 1_?C_ Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. +41S PtZ,0,j&--r-r Wt L.(, 4-2f w _L &- A T)AfL_ ('1PtLS+V" -TO Cnreo?pAss i He EAA7_(12c )2.z MILi-S r(-? NT6. j4L-AVL1 L"Ouu(PMce JT 3uL??Zc?2s L'L) C'L !S? ?cst1D. Pr( 0_J CL ?-'LC- 6 SU,PEr-111S670 i3y L PDI A-r-6 W tL,L- G0t3PDz-t-t To PU AsP?-?7S &C 5u13 C0 a:Q -it (L '7H. I?6o or CA-?-tR- Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract PM W . IZ. Z FUZES b. Size of individual lot(s) 3? +0 '75 c. Approximate elevation of tract above MHW or NWL N/a d. Soil type(s) and texture(s) of tract 3L--ACf4 SA00 e. Vegetation on tract No O C f. Man-made features now on tract SDrLC C?oSS LUAL_ KS g. What is the CAMA Land Use Plan land 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? 2-S. e -S, & tc), 0--6-, 2-2_0, p,- 1, a-2-, Cua-s Cu.2-( o i. Is the proposed project consistent with the applicable zoning? ,?_ Yes No (Attach zoning compliance cerrif:cate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes K_ No If yes, by whom? Iv/A k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? Yes J? No Coastal (marsh) NO Other ju O If yes, has a delineation been conducted? - fk (Attach documentation, if available) m. Describe existing wastewater treatment facilities n. Describe location and type of discharges to waters of the state. (For example, surface noff, sanitary wastewater, industrial/commercial Effluent, "wash down" and residential discharges.) o. Describe existing drinking water supply source. ti ?R 1?, J L j OC T 2 3 1997 5. ADDITIONAL. 3 ? I ' ", TIQN i L iV! rRnt=?`? I In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to th e affected properties. 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 carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.020' ) for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject tb 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 approved Coastal Management Program and will be conducted in a manner consistent with such program. Name ?Z < <? Gib t?-0 L1 ST I certify that I am authorized to grant, and do in fact, Address grant permission to representatives of state and federal Phone review agencies to enter on the aforementioned lands in connects in with evaluating information related to this Name W permit application and follow-up monitoring of the Address 1 roje6t Phone =5U t1CT 2 3 14 7 ==? Name DIVISION, , 4 further certify that the information provided in this Address COASTAL MAID AG1 ?q on is truthful to the best of my knowledge. Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. k AJ r)C Cfl-r- p ?p??2M c 7 # I- q q This is the day of 0J6 19 Print Name ) &---ZL21 y'/ 7s Signature JV'ftr foa Imudowner or Authorized Agent • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 , • ?? E .-III i .? I ? j I::ar. i o 1 ?a? • ? ?,: ? I. ? Ili::, , '?• ? -_._ j ?•I f' j I i` ' I ! w'm - - • `!'.. ' I \` d it? 3? . 00 ' EIH'8i1 I ` u \\\JJJ - , Si 'I I C 1 ??_ I \ \ li ? • I i i .??? I `\ I J ?® z \ l? 1 il'^;j r m- I ?. Id ti z -j 0 )1 Iii.. I• , H O_ , '?1 .??• I H • ? 6 r. I 10, I I ? v VJ l i_I i ?"'=1j lid 2z ! j n i I 3 u 7 I tj j ;e a I ?I ? 1 I CY 7 I I1 I fig! If I 1 ??i ? ? ? 1• pk I I ) '- ;his: I 11.E 1 ' ? I ? q i'1? 1{ I I 1 1 ( ;I kit: i r i ?r? I I I . illi ? 'il•? ..r r ; li it ' I I I I ?. 1' ; 1 •a ;Iliil y ? ' lilil'"' i ; Jillll? 1 ? ? H I ? I ,;1..i:l , t• 1 illy I ?d? ? Ij r I j ? ? I ? 04 i •1' n? OCi 2 j ? 1997 DIVISICN OF COASTAL N1A14AGEMENT r i .. October 23, 1997 MEMORANDUM TO: John Dorney FROM: Eric Fleek SUBJECT: EA/FONSI-Ocean Isle Beach Erosion Control/Wave Protection DWQ has reviewed the aforementioned project. The 401 WQ Certification should contain the following conditions: 1) Grain size analysis and geotecnical data from the borrow area(s) was taken in May of 1994. DWQ believes that new data on the grain size characteristics of the borrow site should be made before any material from this area is deposited on the beach. 2 _ material from the borrow site(s) which is <90 % sand should not be placed on the beach. --- 3) After the first and second growing season an evaluation measuring percent cover of the planted American Beachgrass and Sea Oats should be made. In addition, a reference (un-disturbed) dune system should be established and measured for percent cover of American Beaclhgrass and Sea Oats. The percent cover at the reference site and the experimental (created dunes) site should be compared. If the percent cover at the experimental site is not similar (e.g. within 20%) of the percent cover of these two plants at the control (reference site) then additional plantings should be required at the experimental sites to achieve the 20% similarity of coverage. r inn ? 1 ?I r ? I1 I ? ./,/1,/ /, h i I!i I I \\ I ?f - i ?-'?- ? r . I? . i! 111; r i C a 4 n 4 LLJ LL. w o C7; Z ¢I cry c? > J O ¢?