HomeMy WebLinkAboutCB_18-02_ Carolina. . /
Issued by WiRO L F 3 0 3
Carolina Beach _ 1
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission for development in an area of environment
concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area
Management"
CB18.02
Permit Number
Coastal Management
ENVIRONMENTAL OUALITV
Issued to the Town of Carolina Beach authorizing development in Ocean Hazard Area of Environmental Concern (AEC) froi
Harper Avenue to Hamlet Avenue public beach area (Boardwalk Area), in Carolina Beach, New Hanover County as requested
the permittee's application, dated March 2, 2018, and received by DCM on March 12, 2018. This permit, issued on April 16, 2011
is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations ar
special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or ci)
action, or may cause the permit to be null and void.
This permit authorizes: Mechanical raking of the beach above the Mean High Water (MHM contour and below the toe of dunE
within the Town's limits and between Harper and Hamlet Avenues (Boardwalk Area) to remove trash and other debris from tt
public beach strand. Any other development will require additional permits or a modification to this permit.
(1) All proposed development must be done in accordance with the permitted work plat drawing dated received on March 1
2018.
(2) Based on the emails, which were received by DCM on April 6, 2018 and April 9, 2018 from the U.S. Fish and Wildlil
Service (USFWS) and the N.C. Wildlife Resources Commission (NCWRC), these agencies agree to allow raking durir
the sea turtle moratorium for two consecutive days after major holidays (Memorial Day, Fourth of July, Labor Day, and th
Beach Music Festival), if needed, with the following restrictions:
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. This permit must be on the project
site and accessible to the permit officer when the project is inspected for
compliance. Any maintenance work or project modification not covered under
this permit, require further written permit approval. All work must cease when this
permit expires on:
December 31, 2021
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management,
1&1�4 -
C ney S ears
FIELD EPRESENTATIVE
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
PERMITTEE
(Signature required if conditions above apply to permit)
RECEIVED
DCM WILMING,rON, N
Name: Town of Carolina Beach
Minor Permit # CB 18-02
Date: April 16, 2018
Page 2
A. Mechanical beach cleaning activities shall be confined to daylight hours (sunrise to sunset).
B. During marine turtle nesting season (May 1 to November 15), the Town is responsible for ensuring that a daily
sea turtle nest survey is conducted by local NCWRC permitted sea turtle monitoring personnel throughout the
permitted beach cleaning area. Such surveys and associated conservation measures shall be completed after
sunrise and prior to the commencement of any mechanical beach cleaning.
C. In the event that mechanical beach cleaning occurs prior to completion of the sea turtle nest survey, mechanical
beach cleaning shall not occur on that beach until 65 days have passed (incubation period for a sea turtle nest) or
after November 30, whichever is earlier. The Town shall contact the local NCWRC permitted sea turtle monitoring
personnel prior to reinitiating mechanical beach cleaning in that area.
D. Any sea turtle nests laid in the area to be cleaned that do not meet the criteria for relocation (NCWRC
guidelines) will not be relocated; therefore cleaning cannot proceed within 50 ft. of a known nest. The nest area will
be marked in accordance with NCWRC guidelines and an additional marker shall be placed at the base of the dune
or seawall to ensure that future location of the nests will be possible should the on -beach markings be lost. Careful
hand removal of debris within 50 ft. of a nest is allowed. All equipment operators should be briefed on the types of
marking utilized and should be able to easily contact the individual responsible for the nest survey to verify any
questionable areas.
E. In the event that on -beach nest markers are lost for any reason, including vandalism or high water conditions, no
mechanical beach cleaning shall be conducted until the marine turtle permit holder identifies the nest and restores
the markers. In the event that the nest cannot be found and may have been lost during high water conditions, the
Town shall contact NCWRC staff at (252) 728-1528 to determine if mechanical beach cleaning can resume. All sea
turtle protection conditions shall remain in effect unless specifically waived in writing by NCWRC.
F. In order to avoid adverse impacts in the event that cleaning accidentally occurs over a nest, mechanical beach
cleaning equipment shall not penetrate more than two inches into the surface of the beach. This permit authorizes
the use of a vehicle with a maximum tire pressure of 10 psi and a rake or cleaning apparatus that limits penetration
into the surface of the beach to a maximum of two inches. Box blades and front or rear mounted blades are not
authorized. Mechanized beach cleaning shall be accomplished so that ruts are minimized or reduced on the beach.
G. Operators of mechanical beach cleaning equipment shall avoid the dune and all native dune vegetation by a
minimum of 10 feet.
H. Naturally deposited organic materials that form wrack lines at the high tide mark are critically important for
beach invertebrates that are the base of the food chain for numerous bird and fish species: The goal of the raking
as stated by the Town is to remove human generated trash and pet waste. Naturally occurring grasses and detritus
that accumulates in the high tide line and vegetation occurring on or near the toe of the dunes must not be
disturbed. The beach rake does remove a significant amount of naturally occurring material (shells and organics),
but with careful operation some amount of natural material will remain.
(3) Within the Town limits in the vicinity of the boardwalk, the beach experiences much less disturbance because driving
is restricted to emergency and service vehicles only. Therefore, USFWS and NCWRC agree to allow raking only after
major holidays (Memorial Day, Fourth of July, Labor Day) and the Town's beach music festival. Raking shall occur for two
consecutive days if needed and must comply with A-H above.
(Additional Permit Conditions on Page 3) RECEIVED
DeM wiLM+NGToN. NC
Il
Name: Town of Carolina Beach
Minor Permit # CB 18-02
Date: April 16, 2018
Page 3
(4) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise
disposed of to a third -party.
(5) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation
and modification of this permit.
(6) Equipment used will not be operated waterward of the mean high water (MHW) elevation contour.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorizations that may be required.
SIGNATURE DATE:
PERMITTEE
RECEIVED
DCM WILMINGTON. NC
E\PR Z 3 'i11r
Cr, ,/ _.
Locality Permit Number
Ocean Hazard V Estuarine Shoreline ORW Shoreline Public Trust Shoreline Other_
(For official use only)
GENERAL INFORMATION
LAND OWNER
Name: Town of Carolina Beach
Address: 1121 N Lake Park Blvd
City: Carolina Beach State: NC Zip: 28428 Phone: 910-443-1837
AUTHORIZED AGENT
Name: Brian Stanb M
Address: Same
City: State: Zip: Phone:
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbody.)
- Beachfront from Harper Avenue to Hamlet Avenue
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.)
The Town is requesting permission to operate the beach rake in the area of the Boardwalk, which is located from Harper Avenue to
Hamlet Avenue. The proposed raking will occur one day per month, as well as for two consecutive days following major
holidays(Memorial Day, Fourth of July, Labor Day) and the Town's Beach Music Festival. All raking would follow the requirement
as set forth by the United States Department of the Interior, Fish and Wildlife Service.
SIZE OF LOT/PARCEL: _52,408.7 ft2 Boardwalk
_ square feet 1.2 Boardwalk acres
PROPOSED USE: Residential ❑ (Single-family ❑ Multi -family ❑) Commercial/Industrial ❑ Other
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF
ENVIRONMENTAL CONCERN (AEC): N/A square feet (includes all heated/air conditioned living space)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN THE
COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): square feet (Calculations
includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are
within the applicable AEC.)(Attach your calculations with the project drawing.)
Choose the AEC area that applies to your property:
(1)within 75 feet of Normal High Water for the Estuarine Shoreline AEC
(2)within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Watel
(3)within 30 feet of the Public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your property.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater
Management Permit issued by the NC Division of Water Quality? YES ❑ NO
VED
If yes, list the total built upon area/impervious surface allowed for your lot or parcel. sgoXe,#fill NiiNr-.Trw Ki
OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit.
As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to
determine if any of these apply to your project. Zoning, Drinking Water Well, Septic Tank (or other sanitary waste treatment system), Building,
Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA Certification, Sand Dune, Sediment Control,
Subdivision Approval, Mobile Home Park Approval, Highway Connection, and others.
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or
a person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the
person listed as landowner on this application has a significant interest in the real property described therein. This interest
can be described as: (check one)
❑ an owner or record title, Title is vested in , see Deed Book
page in the County Registry of Deeds.
❑ an owner by virtue of inheritance. Applicant is an heir to the estate of ;
probate was in County.
® if other interest, such as written contract or lease, explain below or use a separate sheet and attach to this application.
Statement of Ownership:
Title to all lands east of the established "building line" was conveyed to the Town of Carolina Beach in the 1963 NC
General Assembly House Bill 612, Chapter 511.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a CAMA permit.
(Name)
(Address)
GUNTER LETA L
101 SILVER LAKE RD
WILMINGTON
NC
28412
CAROLINA BEACH HOSPITALITY LLC
2743 PERIMETER PKY
AUGUSTA
GA
30909
BOARDWALK UNIT OWNERS ASSN
PO BOX 179
WILMINGTON
NC
28402
MIDDLETON JOSEPH M
2505 KENMORE DR
RALEIGH
NC
27608
BOARDWALK LANDING LLC
2501 BLUE RIDGE RD
RALEIGH
NC
27607
. BOYKIN WILLIAM H
3084 FAIRWAY CIR SW
SUPPLY
NC
28462
JLM PARTNERSHIP LLC
205 GREENVILLE AVE
CAROLINA BEACH
NC
28428
PUTT PUTT GOLF OF CAR BCH
2126 CYPRESS LAKES RD
HOPE MILLS
NC
28348
APPLE EIGHT SPE CAROLINA BEACH LP 814 MAIN ST E
RICHMOND
VA
23219
• DUNN RICHARDA DENISE
306ASHWORTH MANOR CT
WILMINGTON
NC
28412
• MOTSINGER DONALD L LOUINICE
353 JONESTOWN RD
WINSTON SALEM
NC
27104
BINYAMINA LLC
1400 MARSTELLAR ST
WILMINGTON
NC
28401
PARADISE ISLAND V LLC
424 LANDMARK DR
WILMINGTON
NC
28412
FIELDS BARBARA F
PO BOX 215
HILDEBRAN
NC
28637
MIKEZ HOLDINGS LLC
702 BURNEYST
WILMINGTON
NC
28412
GLASER PAUL R JR CAROLYN
8816 SHIPWATCH DR
WILMINGTON
NC
28412
PELLOM BEVERLEY M
535 ASHE ST N
SOUTHERN PINES
NC
28387
HOYTSHANE C SHELLEYA
5039 WOODSPRING DR
HOPE MILLS
NC
28348
BSR INVESTMENTTRUST
PO BOX 30713
RALEIGH
NC
27622
DRAKULEVSKI DICOJELICA D
115 CAROLINA BEACH AVE S
CAROLINA BEACH
NC
28428
FIRTH ROBERT K MARY
6221 LEWISAND CT
RALEIGH
NC
27615
DRESSEL EMILY E ETAL
8844 ORCHARD GROVE WAY
RALEIGH
NC
27612
HESS LIVING TRUST
100 SPIVEY GLEN DR
JONESBORO
GA
30236
ROCKWELL LAUREN A
2304 HALES RD
RALEIGH
NC
�177
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I acknowledge that the land owner is aware that the proposed development is planned for an area which may be
susceptible to erosion and/or flooding. I acknowledge that the local permit officer has explained to me the particular
hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization
and floodproofing techniques.
PERMISSION TO ENTER ON LAND:
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents
to enter on the aforementioned lands in connection with evaluating information related to this permit application.
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any
information as may be provided orally by the applicant. The details of the application as described by these sources are
incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation
of any permit. Any person developing in an AEC without permit is subject to civil, criminal and administrative action.
This the 2nd day of March, 2018
Landowner or person authorized to act as his agen
for purpose of filing a CAMA permit applicatior
E 7_-VCD
r� c tAn. •n[n l/1'T/'1A1
.. < 4 ..
WOODY HEWETT AVE
MW ;
r6
CAROLINA BEACH AYES
CAROLINA BEACH AVE S
14
Legend
Elevation
® Beach Rake Area
0-8
- 8-12
- Normal High Water Line
12-16
- First Line of Stable Vegetation Line
- 16-24
- 24-52
ilk CANAL OR
ter:
IV 4
1
BEACH
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Town of Carolina Beach
Beach Rake Areas
s
0 50 100 2
uL-M WILIVINGTON, I
MAR 1 2 2018
Coastal Management
ENVIRONMENTAL QUALITY
April 16, 2018
Town of Carolina Beach
c/o Brian Stanberry
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
Dear Mr. Stanberry:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
Attached is CAMA Minor Development Permit CB 18-02 for work to be done on the Carolina Beach
beachfront, between Harper Avenue and Hamlet Avenue. An electronic copy has been sent to the Town
of Carolina Beach and to the New Hanover County Inspections Department.
To validate this permit, please sign both copies as indicated for our records. Retain the orange copy for
your files, and return thehe e o us of receipt in the enclosed, self-addressed
envelope
This is not a valid permit until it is signed and returned to our office.
Thank you for your prompt attention to this matter.
Enclosures
Cc: WiRO files
Sincerely,
�J
Shaun K. Simpson
Permit Support Technician
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Coastal Management
ENVIRONMENTAL QUALITY
SENT VIA EMAIL
April 5, 2018
Town of Carolina Beach
c/o Brian Stanberry
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
RE: NOTICE TO EXTEND TIME TO GRANT OR DENY CAMA MINOR PERMIT
APPLICATION NUMBER —CB 18-02
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Utrector
PROJECT ADDRESS/LOCATION — beachfront area from Harper Avenue to Hamlet Avenue
Dear Mr. Stanberry:
Pursuant to NCGS 113A-121(c), the undersigned hereby gives notice to the applicant that for good cause, and in
order to properly consider all information necessary to making a decision on this permit application, the time period
within which a final decision shall be made has been extended an additional twenty-five (25) days.
If you have any questions concerning this action, please contact me at 910-796-7423.
Si er ly,
Courtney ears
Field Representativ , DCM
Cc: WiRO file
State of North Carolina I Environmental Quality I Coastal Management
Spears, Courtney
From: Dunn, Maria T.
Sent: Monday, April 09, 2018 10:10 AM
To: Spears, Courtney
Cc: kathryn_matthews@fws.gov; Crumbley, Tyler A CIV USARMY CESAW (US); Godfrey,
Matthew H
Subject: RE: Send data from MFP11807882 04/03/2018 13:03
Courtney,
Staff with NCWRC have reviewed the Town of Carolina Beach's request to increase beach raking in front of the
boardwalk during the sea turtle nesting moratorium to include one day each month in addition to two consecutive days
after the major holiday's (Memorial Day, July 4th, and Labor Day) and the Beach Music Festival.
Our position remains the same as during the 2013 discussions. Although we understand this is well used public area, we
do not agree with the increase of rake events that include the once per month rake. We believe the Town should be
allowed to rake the two consecutive days after the four major public events as long as they follow the guidelines in
earlier permits and previous recommendations by NCWRC and USFWS. All activities should be contained within the
described area.
Please do not hesitate to call or email if there needs to be further discussion. Thank you for the opportunity to review
and provide comments.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
fax: 252-975-3716
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
parties.
RECEIVED
APR 0 9 2018
---Original Message-----
rom: Spears, Courtney
ent: Tuesday, April 03, 2018 1:06 PM
o: Dunn, Maria T. <maria.dunn@ncwildlife.org>
ubject: FW: Send data from MFP11807882 04/03/2018 13:03
ley Maria,
kttached please find an application from the Town of CB for some beach raking near the boardwalk area. I have also
ttached a draft permit so you can review the conditions if you'd like. Please take a look and let me know if you have any
omments.
hank you!
:ourtney Spears
ield Representative
)ivision of Coastal Management
)epartment of Environmental Quality
i10 796 7423 office
:ourtney.spears@ncdenr.gov
�27 Cardinal Drive Ext.
Nilmington, NC 28405
-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
o third parties.
----Original Message-----
=rom: NCDEQ- Wilmington Regional Office Scanner CAMA [mailto:DoNotReply@ncdenr.gov]
>ent: Tuesday, April 03, 2018 1:03 PM
Fo: Spears, Courtney <courtney.spears@ncdenr.gov>
>ubject: Send data from MFP11807882 04/03/2018 13:03
kanned from MFP11807882
)ate:04/03/2018 13:03
)ages:4
Iesolution:400x400 DPI
RAVE A GREAT DAY!!!
-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.
Spears, Courtney
From: Matthews, Kathryn <kathryn_matthews@fws.gov>
Sent: Friday, April 06, 2018 9:25 AM
To: Spears, Courtney
Cc: Crumbley, Tyler A CIV USARMY CESAW (US); Dunn, Maria T.
Subject: Re: [EXTERNAL] Carolina Beach beach rake application
Attachments: Service_to_CarolinaBeach_06182013.pdf
Thanks, Courtney,
RECEIVED
APR 0 6 ,jid
DCM WILMINGTON, N
We reviewed this back in 2013, when the emphasis was on Freeman Park. At the time, for this boardwalk area we
recommended (for the turtle nesting season) only allowing raking after major holidays and the Town's beach music
festival. However, I think at this point, we would be ok with raking once a month in addition to that. That would be in
keeping with what is allowed in Freeman Park. Outside of these the Boardwalk area and Freeman Park, we recommend
that no beach raking be allowed during sea turtle nesting season. Of course, outside of the nesting season, there is no
limit on the raking activities.
Attached is the letter from 2013. We recommend that all of the recommendations in Number 2 be followed. Here is
thatlanguage:
2. The Service continues to recommend that in general, no beach raking occur during the sea turtle moratorium. This
recommendation is to protect sea turtles as well as shorebirds, and other more common beach wildlife such as fish,
crabs, and other macroinvertebrates. Routine mechanized beach raking may also contribute to beach destabilization, or
enhance the likelihood
of erosion (Cathcart and Melby 2009; Defeo et al. 2009).
Because of the exceptional situation in Freeman Park (24-hour a day beach driving, beach camping), the Service does nc
object to a limited increase in beach raking activities. We recommend that beach raking during the sea turtle nesting
season (May 1 to November 15) each year be limited to one day a month, plus two consecutive days after each major
holiday (Memorial Day, Fourth of July, Labor Day) as needed. We recommend that the Town be required to comply witl-
the Florida Fish and Wildlife Conservation Commissions's Beach Cleaning Permit Conditions (http://www.myfws.com)
(those conditions for all counties excluding Brevard through Broward and Monroe County), as modified below. These
conditions include:
A. Mechanical beach cleaning activities shall be confined to daylight hours (sunrise to sunset).
B. During marine turtle nesting season (May 1 to November 15), the Town is responsible for ensuring that a daily sea
turtle nest survey is conducted by local NCWRC permitted sea turtle monitoring personnel throughout the permitted
beach cleaning area.
Such surveys and associated conservation measures shall be completed after sunrise and prior to the commencement o
any mechanical beach cleaning.
C. in the event that mechanical beach cleaning occurs prior to completion of the sea turtle nest survey, mechanical
beach cleaning shall not occur on that beach until 65 days have passed or after November 30, whichever is earlier. The
Town shall contact the local
NCWRC permitted sea turtle monitoring personnel prior to reinitiating mechanical beach cleaning in that area.
>. Any sea turtle nests laid in the area to be cleaned that do not meet the criteria for relocation (NCWRC guidelines) will
iot be relocated; therefore cleaning cannot proceed within 50 ft' of a known nest. The nest area will be marked in
ccordance with NCWRC
,uidelines and an additional marker shall be placed at the base of the dune or seawall to ensure that future location of
he nests will be possible should the on -beach markings be lost. Careful hand removal of debris within 50 ft. of a nest is
allowed. All equipment
iperators should be briefed on the types of marking utilized and should be able to easily contact the individual
esponsible for the nest survey to verify any questionable areas.
:. In the event that on -beach nest markers are lost for any reason, including vandalism or high water conditions, no
nechanical beach cleaning shall be conducted until the marine turtle permit holder identifies the nest and restores the
narkers. In the
!vent that the nest cannot be found and may have been lost during high water conditions, the Town shall contact
JCWRC staff at (252) 728-1528 to determine if mechanical beach cleaning can resume. All sea turtle protection
:onditions shall remain in effect
finless specifically waived in writing by NCWRC.
In order to avoid adverse impacts in the event that cleaning accidentally occurs over a nest, mechanical beach
:leaning equipment shall not penetrate more than two inches into the surface of the beach. This permit authorizes the
ise of a vehicle with a maximum tire pressure of 10 psi and a rake or cleaning apparatus that limits penetration into the
urface of the beach to a maximum of two inches. Box blades and front or rear mounted blades are not authorized.
Jlechanized beach cleaning shall be accomplished so that ruts are minimized or reduced on the beach.
3. Operators of mechanical beach cleaning equipment shall avoid the dune and all native dune vegetation by a
ninimum of 10 feet.
1. Naturally deposited organic materials that form wrack lines at the high tide mark are critically important for beach
nvertebrates that are the base of the food chain for numerous bird and fish species: The goal of the raking as stated by
he Town is to
emove human generated trash and pet waste. Naturally occurring grasses and detritus that accumulates in the high
ide line and vegetation occurring on or near the toe of the dunes must not be disturbed. The beach rake does remove a
;ignificant amount of
iaturally occurring material (shells and organics), but with careful operation some amount of natural material will
emain.
-hanks for the opportunity to comment. Let me know if you have any concerns or questions.
Cathy
)n Thu, Apr 5, 2018 at 7:33 AM, Spears, Courtney <courtney.spears@ncdenr.gov> wrote:
Hi Kathy,
I am the field rep for DCM in New Hanover County, and I received a CAMA Minor Permit application for beach raking on
Carolina Beach. All the work is proposed above MHW so they are not seeking a federal permit, but I was hoping you
could take a look over the application and see if USFWS would have any concerns relative to protected species. They
are proposing work during the summer months. If you could provide any comments you may have that would be much
appreciated.
Thank you!
Courtney Spears
Field Representative
Division of Coastal Management
Department of Environmental Quality
910 796 7423 office
courtney.spears(a)-ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Kathy Matthews
Fish and Wildlife Biologist
Raleigh Ecological Services
U.S. Fish and Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Phone 919-856-4520 x27
Email kathryn matthews@fws.gov
RECEIVED
DCM WILMINGTON, NC
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
eH tigae Post Office Box 33726
Raleigh, North Carolina 27636-3726
June 18, 2013
Mayor Bill Lewis
Mr. Steve Shuttleworth
Town of Carolina Beach
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
RECEIVED
Gr? o 6
()CM WILMINGTON, NC
Subject: Town of Carolina Beach; Request to Perform Beach Raking During Sea Turtle
Nesting Season
Dear Mayor Lewis and Mr. Shuttleworth:
This letter is in response to your May 23, 2013 request for a CAMA Minor Permit to perform
beach raking year-round in Freeman Park and within the town limits near the Carolina Beach
boardwalk, and also for the installation of a Hatteras ramp. The U.S. Fish and Wildlife Service
(Service) has reviewed this request and discussed the issue with Biologists from the North
Carolina Wildlife Resources Commission. We regret that we were unable to participate in the
field meeting on June 10, 2013.
The Town of Carolina Beach (Town) currently has a CAMA Minor Permit to utilize a
mechanical beach rake twice each year within Freeman Park and along the boardwalk within the
downtown central business district, once before the sea turtle nesting moratorium starts on May
1, and once after the sea turtle nesting moratorium ends on November 15.
The Town is requesting permission to rake the dry sand beach weekly year-round to remove
trash and pet waste. Specifically, the Town requests to use the rake from the Freeman Park
entrance gate, north for approximately 6,000 linear feet to Marker 17. This marker is several
hundred feet south of the northernmost tip of the peninsula adjacent to Carolina Beach Inlet. The
Town also requests to use the rake weekly between Harper Avenue south to Hamlet Avenue
(along the boardwalk) in the downtown central business district. The areas proposed for weekly
beach raking include Freeman Park, where beach driving is permitted 24 hours a day, and
camping is allowed on the beach. There is often a great amount of trash and pet waste on the
beach, and rutting from tires is common. The area along the boardwalk within the Town limits
appears typical of other beach access areas. The boardwalk area experiences much less
disturbance than Freeman Park because beach driving is limited to emergency and service
vehicles, and most visitors to this beach are present during the daytime hours only. No camping
RECEIVED
APR 0 6 2018
is allowed along the boardwalk. For both areas, beach raking is propos0lon W'MWVON, NC
Tuesday during daylight hours, in order to clean up after weekend crowds. During the turtle
nesting moratorium period (May 1 to November 15), raking would occur in the morning after the
turtle nest patrol is completed. Raking is proposed from above the mean high tide line to 10-15
feet from the dune. The Town agrees to comply with the Florida Fish and Wildlife
Conservation Commission's (FFWCC) Beach Cleaning Permit Conditions, which can be found
at http://www.myfwc.com.
The Town also requests permission to install a Hatteras ramp at the entrance of Freeman Park to
reduce/minimize traffic jams and vehicles getting stuck in soft sand. The Hatteras ramp is
proposed to be built landward of the naturally -accreted seaward dune.
The Service has the following comments and recommendations:
1. Based upon the proposed size and orientation, and the level of traffic through this area, the
Service does not currently have significant concerns for the proposed installation of a Hatteras
ramp at the entrance of Freeman Park. We look forward to the submittal of preliminary designs.
2. The Service continues to recommend that in general, no beach raking occur during the sea
turtle moratorium. This recommendation is to protect sea turtles as well as shorebirds, and other
more common beach wildlife such as fish, crabs, and other macroinvertebrates. Routine
mechanized beach raking may also contribute to beach destabilization, or enhance the likelihood
of erosion (Cathcart and Melby 2009; Defeo et al. 2009).
Because of the exceptional situation in Freeman Park (24-hour a day beach driving, beach
camping), the Service does not object to a limited increase in beach raking activities. We
recommend that beach raking during the sea turtle nesting season (May 1 to November 15) each
year be limited to one day a month, plus two consecutive days after each major holiday
(Memorial Day, Fourth of July, Labor Day) as needed. We recommend that the Town be
required to comply with the FFWCC's Beach Cleaning Permit Conditions (those for all counties
excluding Brevard through Broward and Monroe County), as modified below. These conditions
include:
A. Mechanical beach cleaning activities shall be confined to daylight hours (sunrise
to sunset).
B. During marine turtle nesting season (May 1 to November 15), the Town is
responsible for ensuring that a daily sea turtle nest survey is conducted by local NCWRC
permitted sea turtle monitoring personnel throughout the permitted beach cleaning area.
Such surveys and associated conservation measures shall be completed after sunrise and
prior to the commencement of any mechanical beach cleaning.
C. In the event that mechanical beach cleaning occurs prior to completiouof e sea
turtle nest survey, mechanical beach cleaning shall not occur on that beach unt' i A1V�j)
have passed or after November 30, whichever is earlier. The Town shall contact the local
NCWRC permitted sea turtle monitoring personnel prior to reinitiating mechanical' Jbeach
cleaning in that area.
0CIIM WIIIVIINGTON, NC
D. Any sea turtle nests laid in the area to be cleaned that do not meet the criteria for
relocation (NCWRC guidelines) will not be relocated; therefore cleaning cannot proceed
within 50 ft. of a known nest. The nest area will be marked in accordance with NCWRC
guidelines and an additional marker shall be placed at the base of the dune or seawall to
ensure that future location of the nests will be possible should the on -beach markings be
lost. Careful hand removal of debris within 50 ft. of a nest is allowed. All equipment
operators should be briefed on the types of marking utilized and should be able to easily
contact the individual responsible for the nest survey to verify any questionable areas.
E. In the event that on -beach nest markers are lost for any reason, including
vandalism or high water conditions, no mechanical beach cleaning shall be conducted
until the marine turtle permit holder identifies the nest and restores the markers. In the
event that the nest cannot be found and may have been lost during high water conditions,
the Town shall contact NCWRC staff at (252) 728-1528 to determine if mechanical
beach cleaning can resume. All sea turtle protection conditions shall remain in effect
unless specifically waived in writing by NCWRC.
F. In order to avoid adverse impacts in the event that cleaning accidentally occurs
over a nest, mechanical beach cleaning equipment shall not penetrate more than two
inches into the surface of the beach. This permit authorizes the use of a vehicle with a
maximum tire pressure of 10 psi and a rake or cleaning apparatus that limits penetration
into the surface of the beach to a maximum of two inches. Box blades and front or rear
mounted blades are not authorized. Mechanized beach cleaning shall be accomplished so
that ruts are minimized or reduced on the beach.
G. Operators of mechanical beach cleaning equipment shall avoid the dune and all
native dune vegetation by a minimum of 10 feet.
H. Naturally deposited organic materials that form wrack lines at the high tide mark
are critically important for beach invertebrates that are the base of the food chain for
numerous bird and fish species. The goal of the raking as stated by the Town is to
remove human generated trash and pet waste. Naturally occurring grasses and detritus
that accumulates in the high tide line and vegetation occurring on or near the toe of the
dunes must not be disturbed. The beach rake does remove a significant amount of
naturally occurring material (shells and organics), but with careful operation some
amount of natural material will remain
3. Within the Town limitsinthe vicinity of the board walk, the beach experiences much less
disturbance because driving is restricted to emergency and service vehicles only. Although
human use of the beach is likely much higher in this area, the users are less likely to generate
trash similar to Freeman Park. Therefore, raking should only be allowed after major holidays
(Memorial Day, Fourth of July, Labor Day) and the Town's beach music festival. Raking could
occur for two consecutive days if needed and must comply with A-H above.
We appreciate the opportunity to comment on this proposal. If you have any questions
concerning these comments, please contact Kathy Matthews at (919) 856-4520, Ext. 27, or by e-
mail at <kathryn_matthews@fws.gov>.
(Sin e cly,
Pete Bei�am
Field Supervisor
cc:
David Cox, NCWRC
Maria Dunn, NCWRC
Dr. Matthew Godfrey, NCWRC
Doug Huggett, NCDCM
Rob Mairs, NCDCM
Debra Wilson, NCDCM
David Timpy, USACE, Wilmington
References:
APR 0 6
oCM WILMINGTON, NC
Cathcart, Thomas, and Pete Melby. 2009, Landscape Management and Native Plantings to
Preserve the Beach Between Biloxi and Pass Christian, Mississippi, Bulletin 1183. Office of
Agricultural Communications, Mississippi State University. 26 pp.
De Feo, 0., A. McLachlan, D.S. Schoeman, TA. Schlacher, J. Dugan, A. Jones., M. Lastra, F.
Scapini. 2009, Threats to Sandy Beach Ecosystems: A Review. Estuarine, Coastal and Shelf
Science 81 (2009) 1-12.
AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
CAMA MINOR PERMIT NOTICE
Pursuant to NCGS 113A-119(b), the
North Caronaof Coastal
Management anDivision agency authorized Before the undersigned, a Notary Public of Said County and State,
to issue CAMA permits in areas of
environmental concern, hereby
gives NOTICE that on March 12, Jarimy Springer
2018, The Town of Carolina Beach
proposes to per -form ongoing
ach rakinfrom
Harper ocean -front r A enue to Hamlet Avenue in Who, being duly sworn or affirmed, according to the law, says that he/she is
the Town of Carolina Beach, New
Hanover County. The application
may be inspected at the address Accounting Specialist
below. Public comments received
by March 30, 2018 will be consid-
cepted Later
considered up ocomments ill be the of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State <
time Of permit decision. Project
on North Carolina and publishing a newspaper known as STAR -NEWS in the City of Wilmington
modifications may occur based on � P gY �
further review and comments. No.
tice of the ppermit decision in this CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b, the North Carolina Divisio,
matter will be provided upon writ-
ten request. ars of Coastal Management, an agency authorized to issue CAMA permits in areas of
Field RepresCourtneentat ve environmental concern, hereby gives NOTICE that on March 12, 2018, The Town of Carolina
Division of Coastal Management
127 Cardinal Drive Extension Beach pr
Wilmington, NC 28405-3845
Phone: (910) 796-7423
was inserted in the aforesaid newspaper in space, and on dates as follows:
3115 Ix
And at the time of such publication Star -News was a newspaper meeting all the requirements and
qualifications prescribed by Sec. No. 1-597 G.S. of N.C.
year
Title: Accounting Specialist
rn`\or affirmed to, and subscribed before me this _ day of
, A.D., 101f_
In TestiAny Whereof, I have hereunto set my hand and affixed my official seal, the day and
/i ��� ,"ia TANYA V WRIGHT
4ai:222
My commission expires �� dayof /
Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said
publication was duly and properly made and that the summons has been duly and legally served on the defendant(s).
This day of ,
Publi
Clerk of Superior Cou
MAIL TO:
RECEIVED RECEIVED
DCM WILMINGTON, NC DCM WILMINGTON, NC
ZiIr � MMtA7
1003 South 17th Street - WNmington, NC 28401 - Classified ph: 810.343-2923 • Legal ads ph: 910.343.2342
Order:
W002567477
Pubs:
1,15
0001
_ _
harges:
L9
$ 0.00
Phone: (910)796-7215 Class:
Account:
Name:
H9813450
Simpson, Shaun
Start
Stop
[Inser-
03/15/2018
$ 103.80
03/15/2018
2
"n--ce:
$ 0.00
$ 103.80
Caller: Shaun
Taken By:
23
Columns:
1
40
Schedule:
3/15 1x, 3/15 Ix, , ,
03/13/2018
Pursuant to NCGS 113A-119(b), the
North Carolina Division of Coastal
Management, an agency authorized
to issue CAMA permits in areas of
environmental concern, hereby
M gives NOTICE that on arch 12,
2018, The Town of Carolina Beach
proposes to perform ongoing
ocean -front beach raking from
Harper Avenue to Hamlet Avenue in
the Town of Carolina Beach, New
Hanover County. The application
may be inspected at the address
below. Public comments received
by March 30, 2018 will be consid-
ered. Later comments will be ac-
cepted and considered up to the
time of permit decision. Project
modifications may occur based on
further review and comments. No-
tice of the permit decision in this
matter will be provided upon writ-
ten request.
Courtney Spears
Field Representative
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: (910) 796-7423
Attentio
This is a final proof. If any information is incorrect, please contact your sales representative prior to the deadline of the first insertion. Oth-
erwise your order is accepted as having been approved.
Coastal Management
ENVIRONMENTAL QUALITY
March 13, 2018
Advertising@starnewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Town of Carolina Beach (Beach Rake) Minor Public Notice:
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
Angie: Please publish the attached Notice in the Thursday, March 15, 2018 issue.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising.
Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson,
Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-796-7226.
Paying by Credit Card Ref acct # 796-7215) to Tanya Wright. Please send a scanned copy
of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please
contact me at our Wilmington office.
Enclosure
cc: File Copy
Sarah Young - DCM
Sincerely,
A,,— 4�
"A
ShauSimpson
Permit Support & Customer Service
CAMA MINOR PERMIT NOTICE
Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an
agency authorized to issue CAMA permits in areas of environmental concern, hereby gives
NOTICE that on March 12, 2018, The Town of Carolina Beach proposes to perform ongoing
ocean front beach raking from Harper Avenue to Hamlet Avenue in the Town of Carolina
Beach, New Hanover County. The application may be inspected at the address below. Public
comments received by March 30, 2018 will be considered. Later comments will be accepted
and considered up to the time of permit decision. Project modifications may occur based on
further review and comments. Notice of the permit decision in this matter will be provided
upon written request.
Courtney Spears
Field Representative
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: (910) 796-7423
4/16/2018
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Date
Date
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Name of
Vendor
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Check
Permit
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Received
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Permit Holder
Number
amount
Number/Comments
3/13/2018
Town of Carolina
Town of Carolina
BB&T
71785
$100.00
minor fee, beachfront from
CS rct. 61'
Beach
Beach
Harper Ave to Hamlet Ave,
CB NHC (CB18-02)