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HomeMy WebLinkAbout15-19 Town of Oak Island------------------ Peribit Class Permit Number NEW 15-19 STATE OF NORTH CAROLMA Department of Environmental Quality RECEIVED and Coastal Resources Commission forr DCM-MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Oak Island 4601 E. Oak Island Drive, NC 28465 Authorizing development in Brunswick County at the Atlantic Ocean, Lockwoods Folly Inlet, AIW W Crossing, & oceanfront shoreline of Oak Island , as requested in the permittee's application dated 2/1/19, including attached workplan drawings (14) as referenced in Condition No. 1 below. This permit, issued on March 4, 2019 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (14), labeled Figure 2, dated 1/31/19; and Attachments 3.2, 3.3, 3.4, 3.5, Attachments 3.6A & 3:6B, Attachments 3.7A-E, and Attachments 3.8A & 3.813, all dated Received DCM Wilmington 8/27/18, and AEC Hazard Notice dated 7/13/18. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation or beach nourishment activities, including mobilization and demobilization, shall occur from April 1 to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the Division of Marine Fisheries, the North Carolina Wildlife Resources Commission, and the U.S. Army Corps of Engineers. (See attached sheets for Additional Conditions) 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 accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2022 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. ?!Ele Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Oak Island ADDITIONAL CONDITIONS Excavation Permit No.15-19 Page 2 of 7 3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings. 4) Excavation shall not exceed -12' MLW (with a maximum 2' overdredge allowance) in Lockwoods Folly Inlet and the AIWW crossing. 5) The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. Beach Nourishment 6) This permit authorizes beach nourishment. activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional activities within an area where nourishment activities have been completed under this permit shall require a modification of this permit. 7) Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division of Marine Fisheries, Recreational Water Quality and Shellfish Sanitation Section shall be notified so that any necessary swimming advisories may be posted. 8) Prior to initiation of beach nourishment activity along each section of beach, the existing mean high water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management. NOTE: The permittee is advised that the State of North Carolina claims title to all currently submerged lands and any future lands that are raised above the mean high water level as a result of this project. 9) Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal instruments shall be obtained from the impacted property owner(s). 10) Prior to the initiation of any large-scale beach nourishment activity, the permittee shall coordinate with the Division of Coastal Management to determine any areas where an expanded static vegetation line is required. The static vegetation line, which is defined as the vegetation line that existed within one year prior to the onset of initial project construction, shall be established using on -ground observation and survey or aerial imagery. This static vegetation line shall then be marked and a survey depicting this expanded static vegetation line shall be submitted to the Division of Coastal Management prior to any large-scale beach nourishment activities. 11) Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with approved profiles upon completion of pumping activities in that particular section of beach. 12) Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and contact the Division of Coastal Management and U.S. Army Corps of Engineers- Wilmington District Office. Dredge operations shall resume after resolution of the issue of sand compatibility. f Town of Oak Island Permit No.15-19 Page 3 of 7 ADDITIONAL CONDITIONS 13) In order to ensure compliance with Condition No. 12, the permittee shall ensure that an inspector is present during all beach disposal activities and immediately report to DCM in the event any incompatible material is placed on the beach. 14) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. 15) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 16) Land -based equipment necessary for beach nourishment work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The pemvttee is advised that any new access site would require a modification of this permit. 17) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. 18) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. Spoil Disposal (Non -Beach Compatible Material) 19) All non -beach compatible material shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 20) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal high water to prevent gully erosion and unnecessary siltation. 21) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 22) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 23) The diked disposal area shall be constructed a sufficient distance from the normal high water or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. RECEIVED MAR 0 8 2019 DCM-MHD Town of Oak Island Permit No. 15-19 Page 4 of 7 ADDITIONAL CONDITIONS 24) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. 25) Activities proposed within the Corps Easements for use of Disposal Areas shall require approval prior to construction. Prior to commencing work associated with improvements or disposal on any designated Disposal Area, the permittee shall coordinate with the Corps of Engineers, Real Estate Division for any approvals needed to perform work within the Corps easement. The Real Estate Division may be contacted at CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, tel. 910- 251-4474. Cultural Resource Protection 26) The permittee shall exercise all precautions to avoid damage to any potential historic structures or shipwrecks. If such materials are encountered, the permittee shall immediately stop work and notify the N.C. Division of Coastal Management. at (910) 796-7215 and the U.S. Army Corps of Engineers at (910) 251-4049. U.S. Army Corps of Engineers Conditions NOTE: In order to comply with the State Programmatic Biological Opinion for sand placement, the applicant agrees that the proposed dredge area will follow deep water, and that there will be no dredging of intertidal shoals. 27) Dredging activities authorized by this permit shall not in any way interfere with. the operations of the Corps' civil works dredging and navigation projects. 28) Except as authorized by this permit, or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time during the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or doublehandling of excavated or fill .material within waters or wetlands outside the permitted area. This prohibition applies.to all borrow and fill activities connected with this project. . 29) Exceptas specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time during the construction or maintenance of this project, in such a manner as to impair normal flows and circulation pattems within waters or wetlands or to reduce, the reach of waters or wetlands. 30) The permittee shall advise the Wilmington District, Regulatory Division in writing at least 30 days prior to beginning the work authorized by this permit. The contractor's name, phone number, and address, including any inspector's contact name and phone number shall be provided to the Wilmington District prior to any work. 31). Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported in writing to the Wilmington Regulatory Field Office, Attn: Ms.. Liz Hair, Wilmington District U.S. Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 within 24 hours of the permittee's discovery of the violation. Town of Oak Island ADDITIONAL CONDITIONS Permit No. 15-19 Page 5 of 7 32) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. 3 3) Prior to the commencement of construction of the authorized dredging or other work within the right-of- way of, or in proximity to, a federally maintained navigation channel, the permittee shall obtain all necessary Consents to cross Government Easement from the Corps' Real Estate Division. The Real Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, tel. 910-251-4474. 34) In issuing this permit, the Federal Government does not assume any liability for: a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes; b) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public; c) Damages to other permitted or unpemritted activities or structures caused by the authorized activity; d) Design and construction deficiencies associated with the permitted work; e) Damage claims associated with any future modification, suspension, or revocation of this permit. 35) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army, or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States or the State of North Carolina on account of any such removal, relocation, or alteration. 36) The permittee shall notify NOAA/National Ocean Service Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver. Spring, MD 20910-3282 at least two (2) weeks prior to beginning work and upon completion of work. RECEIVED MAR 0 8 2019 DCM-MHD CITY Town of Oak Island Permit No.15-19 Page 6 of 7 ADDITIONAL CONDITIONS 37) To address concerns from the United States Coast Guard: The following information shall be provided 10 days prior to dredge operations or any other activity that impacts the safe navigation on federal waterways commences: a) Dates (inclusive of operation). b) Hours of operation (24 hours/daylight hours only). c) Names of the involved vessels(s). d) Working and standby frequencies. e) Specific location (Mile Marker/Channel): f) Any specific instruction or concerns that would be pertinent to the mariner. (Note: We can only provide information. We cannot direct the movements of vessels. We urge the mariner to adhere to the requested actions.) Submit the information to: USCG Sector NC Waterways Division 721 Medical Center Drive Wilmington, NC 2840.1 Or Email: NCmarineevents@uscg.mil 38) Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30 days' notice is requested. The request will be sent to the Coast Guard District Five Office at: USCG District Five (DPW) 431 Crawford Street Portsmouth, VA 23704 Or Email: CGD5Waterways@uscg.mil 39) The pemuttee shall install. and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at telephone, (910) 772-2200. 40) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this Permit, the permittee shall adhere to all conditions on the Federal approval, including, but not limited to, the attached list of terms and conditions relating to the U.S. Fish and Wildlife Service Biological Opinion and Hopper Dredging (SARBO). NOTE: Should the U.S. Army Corps of Engineers modify one or more of the terms and conditions referenced in Condition No. 40 of this Permit, this change to the terms and conditions shall be considered to be officially incorporated into this Permit upon written notification to the Division by the U.S. Army Corps of Engineers, provided that this change is not in conflict with a specific Condition of this Permit. Town of Oak Island ADDITIONAL CONDITIONS General Permit No. 15-19 Page 7 of 7 41) This permit shall not be assigned, transferred, sold or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 42) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event follows the limits of the natural deep water channel, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions, a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. 43) The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 44) No sand shall be placed on any sand bags that have been determined by the Division of Coastal Management to be subject to removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition, the Division of Coastal Management shall be contacted at (910) 796- 7215 prior to project initiation so that Division staff may meet on site with the permittee and/or contractor. NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308(a)(2), or in accordance with any variances granted by the N.C. Coastal Resources Commission. 45) This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 46) The permittee shall make every effort possible to minimize any negative impacts of trucks and construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the ability of individuals to access and enjoy the beach is not impeded outside of the construction limits. 47) The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 18- 1344, which was issued on 2/7/19. Any violation of the Water Quality Certification shall also be considered a violation of this CAMA Permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2018- 01897. 'DECEIVED !, 'i 082019 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of Oak Island do David Kelly COUNTY: Brunswick PROJECT NAME: Inlet Dredge & Beach Renourishment LOCATION OF PROJECT: Lockwoads Folly Inlet maintenance dredging, with beneficial material being placed along approximately 8.7 miles of beachfront, in the Town of Oak island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-2f.I8 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Tara MacPherson DISTRICT OFFICE: WJLMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERWTS UNIT: FEE REC'D: $475 / #203438 ✓ PUBLIC NOTICE REC'D: 9-12-18 / I A If END OF NOTICE DATE: 10-3-18✓l ADJ. RIP. PROP NOTICES REC'D:DkwcoP DtLA/t .& , l% / DEED REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: 9-7-18 FEDERAL DUE DATE: ON: 150 DAY DEADLINE: STATE DUE DATE: 10-3-18 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON L A ENCY �( '~ycc Fi uLi S 7�t3r�� Q - JGcT—. E{q1 p��t gCr rri t 1 u�l �/i5 DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance < t Division of Coastal Management-LUP Consistency Public Water Section (DWR) 10 l8 Land Quality Section (DEMLR) 0 S Ig / Sub �� (f > I . Vc Division of Water Resources - 401 Section t -3 i —rXW (2 - le -I 3'/ q G G 41 �S Storm Water Management (DEMLR) State Property Office Division of Archives & History g ✓ Division of Marine Fisheries - Shellfish Section Division of Highways (NCDOT) (O L Wildlife Resources Commission Local Permit Officer Dept. of Cultural Res / Underwater Archaeology 1 _ q IVIA i M� Division of Marine Fisheries - DCM �o tt p Corps of Engineers -Regulatory Branch 7/t yl Ot�� `�l� I #'IV r ,eI- c'agV1r5&ti0e) Wi C)wVIcL itev✓cti- - COASACier mok an o ¢�.I -\ 'f+ h"e 04'c �stwul Sri 5 P jtcr RESOLUTION 18-10 RESOLUTION ESTABLISHING THE TOWN OF HOLDEN BEACH'S POSITION ON LOCVmOD FOLLY INLET NAVIGATION MAINTENANCE AND ASSOCIATED LEAST COST METHOD OF DISPOSAL PLACEMENT LET IT BE KNOWN THAT: WHEREAS, the Town of Holden Beach, NC (the Town) is a barrier island community located in Brunswick County; and WHEREAS, the Town of Holden Beach barrier island is a west to east oriented island, bounded by the Atlantic Intracoastal Waterway (AIWW) on the north, the Atlantic Ocean on the south facing the Long Bay region of Brunswick County, the Shallotte Inlet to the west and the Lockwood Folly (LWF) Inlet to the east; and WHEREAS, Holden Beach's East End has the largest historical erosion rates on the island, with twenty-seven (27) oceanfront homes having been lost since 1993 due to erosion; and WHEREAS, fifteen (15) years of annual monitoring data for Holden Beach show that the East End loses approximately 60,000 cubic yards (cy) of sand per annum, a number consistent with monitoring data showing loss of 67,000 cy between East End monitoring stations (264 Ocean Blvd East to 500 feet east of 337 Ocean Blvd East) over the last year; and WHEREAS, the LWF Inlet is a federally authorized navigation channel maintained by the US Army Corps of Engineers (USACE), and the AIWW Inlet Crossing navigation channel is also maintained by the USACE; and WHEREAS, dredging of certain sections of the AIWW, i.e., the "inlet crossing", has provided beach compatible sand via the least cost method of disposal for USACE projects; and WHEREAS, referencing the NC Beach and Inlet Management Plan (GIMP), Table VIII-16. Summary of Beach Nourishment Data -Region 1, Holden Beach was first nourished in 1971; and WHEREAS, referenced sources of historical nourishment according to the BIMP Table Vlll-17. Historical Borrow Sources -Region 1 Beaches include the Holden Beach Waterways and the shoals of the LWF Inlet; and RECEIVEC or DCM WILMINGTON, NC r -_ V WHEREAS, the Town has historically received and! participated'in navigation maintenance of .the LWF'.Inl#t,,,&nd WHEREAS, 'the Town has contributed' significant funding. for many_years to piggyback: or Al1WW/LWF inlet c"dgingprojeets; ands WHEREAS,'the Town'§ commitment to navigation maintenance is supported! by.our fangterm beach plan and yearly, budgetplans- and. WHEREAS,; the Town's consultant engineer, Applied, T.echndlogy Moriagement (ATM)advises that sand placement; on Holden Beaches part of the AIWW/LW ' or projecti'is: critical as a storm damage reduction effort for the East: End; and WHERF_AS, the Town has .consistently' been the recipient -of sand via least cost method of disposal forthe AIWVV Inlet E'rossingProJecf since 2Q02;,and wntHEAs tnestabilityoftheTown's`EastEnddependson.theleastcostmethodofplacement, ata mmimufn every two years as a resultofthe AIWW/L1NF Inlet Crossing Project-, and WHEREAS the Town's East End! last received sand Jn .March 20:L,7. LET IT FURTHER', BE KNOWN THAT. WHEREAS, on Oak lsland�- a baMer island to the, Edst of Holden Beach, spring2017 - spring, 2018 data :from, monitoring Qak West; Stations 3.- 7 (6961 Kfng,Lynn, Drive to 5701 West Beach pave) lost 35;000 ey of upper beach -Measured down to -5 fL but actually saw& net gain:In.se. mentof96; 0oocy-measureddownta7t:2ft:;6,nd WHEREAS natural nearshore transport Ofsand Vfa siittoral driftoccurs from east to west in. :Long Bay, makingsand placement on the West End of:0a'k island of time -limited benefitwhile :f4cfeasing#'h6negative "impact onthe LWF Inlet and' WHEREAS LWFoiater ebbshoal sediment will travel naturally to Holden Beach via littoral drift' and by teklog this -material and �plactng N elsewhere the impactedanEast End could be negatively dl WHEREAS, sand placed on the East. 'End' of 'Holden Beach travels through. the natural' nearshoretransport system via littoral drift and establishes storm damage reduction Barriers, Along the nine mile stretch; of peach as an added benefit; and WHEREAS„ direct -sand placement via hydraulic dredging (pipeline) on Holden Beach is the pedferenoe of the Town tol enhance storm damage protection, create -habitat and provide increased:recreation and tourism related opportunities; and iV r A WHEREAS, an alternative LWF Inlet deepening and widening project as proposed by Brunswick County causes concern to the Town's consultant engineer ATM in regards to possibleadverse effects to the East End of Holden Beach, including accelerated erosion, loss of habitat, negative impact on tourism, need for placement of sandbags and eventual possibility of loss of structures; and WHEREAS, no historical monitoring or state of the art modeling data has been produced to demonstrate the benefits of such a project outweigh the risk of adverse effects; and WHEREAS, the deepening and widening project is estimated at a total cost of $4,132,000, with state grant assistance requested by Brunswick County in the amount of $2,754,650 and a local match of $1,377,350 with Brunswick County participating at a rate yet to be determined; and WHEREAS, the cost of the proposed alternative LWF Inlet deepening and widening project is not deemed as fiscally achievable in the current operating budget. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Holden Beach that it is in the best interest of the Town to continue with the navigation maintenance and beach nourishment efforts that have proven historically effective in mitigating East End erosional issues. The AIWW Inlet Crossing Project is of the utmost importance to the Town of Holden Beach to remain on a cycle of every two years for this purpose, and placement on Holden Beach follows the USACE's fiscal responsibility to utilize least cost method of disposal for their projects. BE IT ALSO RESOLVED that before a decision on the deepening and widening project does occur, it must be supported by a data driven cost benefit analysis that includes possible environmental impacts. If the decision is taken to move forward with the project, it Is critical that Holden Beach be the recipient of the sand. Without significant monitoring data to prove no adverse effects to Holden Beach by placement of sand on a neighboring beach, the Town supports ATM's position that placement anywhere other than Holden Beach would cause adverse impacts to our East End. This the 5r^ day of October, 2018. i J. Alan Mayor ATTEST: / 4t4lD�,� ' SEAL RECEIVED Heather Finnell, town Clerk y + OCT 10 20,18 ,�:� DCM WILMiNGTON, NC D Coats, Heather. From: Davis, Braxton C Sent: Wednesday, October 10, 2018 2:34 PM To: Christy Ferguson Cc: David Hewett -Subject: RE: [External] Holden Beach's Policy Statement on LWF Inlet Navigation Maintenance Confirming receipt, thank you Christy. Braxton C. Davis Director NC Division of Coastal Management Department of Environmental Quality 252 808 2808 x202 Braxton. Davis@ncdenr.gov Morehead City, NC 28557 }:. Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Christy Ferguson <Christy.Ferguson@hbtownhall.com> Sent: Tuesday, October 09, 2018 4:42 PM To: Davis, Braxton C <Braxton. Davis@ NCDENR.Gov> Cc: David Hewett <david.hewett@hbtownhall.com> Subject: [External] Holden Beach's Policy Statement on LWF Inlet Navigation Maintenance Attached find the Town of Holden Beach's resolution communicating the Town's position on LWF Inlet Maintenance. A hard copy is in the mail. Thank you, Christy Ferguson Assistant Town Manager Recommendations for State Permit — Town of Oak Island (Lockwoods Folly Inlet) The proposed maintenance excavation and beach nourishment activities appear to be CONSISTENT with 15 NCAC 07H.0208 (b)(1)(2) & (8) and 07H.0312(1)(2)(3) and (4). This office has no objection to the proposed work should it be determined to be consistent with federal naviaation maintenance dredaina temDlates state and federal permitting requirements, and include the following conditions: In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation or beach nourishment activities, including mobilization and demobilization, shall occur from April 1 to November 15 of any year without the prior approval of the Division of Coastal Management in consultation with the North Carolina Wildlife Resources Commission and the US Army Corps of Engineers. Excavation 2. Prior to the initiation of any pipeline dredging the permittee and/or his or her contractor shall schedule a pre -construction meeting with a Division of Coastal Management representative in consultation with the NC Wildlife Resources Commission to inspect the dredge pipeline placed along the beach area. 3. Excavation shall not exceed -12' MLW (with a maximum 2' overdredge allowance) in Lockwoods Folly Inlet and the AIWW crossing. 4. All excavation shall take place entirely within the areas indicated on the attached workplan drawings 5. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is not authorized. NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. SAND DEPOSITION — BENEFICIAL PLACEMENT 6. This permit authorizes beach nourishment activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional activities within an area where nourishment activities have been completed under this permit shall require a modification of this permit. Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division of Marine Fisheries, Shellfish Sanitation Section shall be notified so that any necessary swimming advisories may be posted. B. Prior to the initiation of beneficial placement activity along each section of beach, the existing mean high water line shall be surveyed and a copy provided to the Division of Coastal Management. NOTE: The permittee is advised that the State of North Carolina claims title to most currently submerged lands and future lands are raised above the Mean High Water level as a result of this project. 9. Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal instruments shall be obtained from the impacted property owner(s). RECEIVED Continued Recommended Permit Conditions on Next Page SEP 2 6 2018 DCM-MHD CITY 10. Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with approved profiles upon completion of pumping activities in that particular section of beach. 11. The seaward nourishment limit shall be constructed in accordance with approved plans for each event. 12. Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and contact the Division of Coastal Management and U.S. Army Corps of Engineers- Wilmington District Office. Dredge operations shall resume after resolution of the issue of sand compatibility. 13. During and after construction activities, a uniform, gradual slope will be maintained between the mean high water and mean low water elevation contours so as not to endanger the public or interfere with the public's use of the beach. 14. In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. 15. Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 16. Land -based equipment necessary for beneficial placement work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area. NOTE: The permittee is advised that any new access sites would require a modification of this permit. 17. Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. 18. Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. 19. Development carried out under this permit shall be consistent with all local requirements, AEC Guidelines and local land use plans current at the time of authorization. 20. This permit does not eliminate the need to obtain any other required state, local, or federal authorizations. 27. The activities shall not exceed the lateral bounds of the project as shown on the application drawings. Spoil Disposal (Non -Beach Compatible Material) 28. All non -beach compatible material shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 29. The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond the normal high water to prevent gully erosion and unnecessary siltation. RECEIVED Continued Recommended Permit Conditions on Next Page sp 2 6 2018 DCM-MHD CITY 30. The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike and a maximum distance from spillways to allow settlement of suspended sediments. 31. A water control structure shall be installed at the intake end of the effluent pipe to assure compliance with water quality standards. 32. The diked disposal area shall be constructed a sufficient distance from the normal high water or any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters. 33. The spoil area shall be inspected and approved by the Division of Coastal Management prior to the beginning of any dredge activities. General 34. This permit shall not be assigned, transferred, sold or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 35. In order to ensure compliance with the conditions of this Permit, and in order to ensure that each proposed excavation event follows the limits of the natural deep water channel, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or mobilization activities. In order to facilitate these discussions, a complete set of project plans shall be provided to all listed agencies at the time of each request for a pre -construction conference. 36. The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 37. No sand shall be placed on any sand bags that have been determined by the Division of Coastal Management to be subject to removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition, the Division of Coastal Management shall be contacted at (910) 796- 7215 prior to project initiation so that Division staff may meet on site with the permittee and/or contractor. NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308(a)(2), or in accordance with any variances granted by the N.C. Coastal Resources Commission. 38. This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. 39. The permittee shall make every effort possible to minimize any negative impacts of trucks and construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the ability of individuals to access and enjoy the beach is not impeded outside of the construction limits. RECEIVED SEP 2 6 2018 I)CM-MHD CITY ROY COOPER Uurcrnnr MICHAEL S. REGAN Se,,*,,r BRAXTON DAVIS Director, NORTH CAROLINA Division ojCoanal Management f-nviranmeniol Qua/ito September 7, 2018 TO: Mark Zeigler DCA-Rural Economic Dev. Divison Wilmington Regional Office FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears CcDncdenroov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review See complete submittal at: https.//obrienandpere. sharefile. com/d-dfa 7a4ec872f4a67 Applicant: Town of Oak Island Maintenance Dredging Project Location: 8.7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Folly Inlet, with beneficial dredge material to be placed along the beachfront Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 3, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY: /\ This agency has no objection to the project as proposed. **additional notes may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. tfZEC'v`v�p SIGNED '' I �^ e-, DATE �+M ^`` �NrNC State of Noah Carolina I Environmental Quality I Coastal Management QV'" �,��\"�� 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 1� Coats, Heather From: Christenbury, Mike Sent: Thursday, October 18, 2018 1:08 PM To: Coats, Heather Subject: FW: Oak Island Lockwoods Folly Inlet Maint Dredge project I have reviewed the Oak Island Land Use Plan regarding the inlet management project and have determined the project is consistent with the Oak Island Land Use Plan update. Let me know if you have any questions. Thanks. -MikeC Michael Christenbury, Wilmington District Planner NC Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Ext Wilmington, NC 28405 910-796-7475 -^'Nothing Compares - Visit www.nccoastalmanagement.net to subscribe to Coastal Management's quarterly newsletter, the CAMAgram. E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Coats, Heather Sent: Wednesday, October 17, 2018 2:52 PM To: Christenbury, Mike <mike.christenbury@ncdenr.gov> Subject: Oak Island Lockwoods Folly Inlet Maint Dredge project Hey Mike, Just checking in on the status of your comments for the Oak Island project. I know that one went out right before the hurricane, so thought I'd send a friendly reminder. Thanks! Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality I:L ROY COOPER Oovenv:r MICHAEL S. REGAN BRAXTON DAVIS Direclor, Divkton of Coastal Management September 7, 2018 0 NORTH CAROLINA Fnvironmerual Qualiry , 90. , ofW, ` pukr,, °re,-tTe TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO FROM: Gou iCanrdinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (a�ncdenrgov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review See complete submittal at: httris://obrienandoere. sharefile. com/d-dfa7a4ec872f4a67 Applicant: Town of Oak Island Maintenance Dredging Project Location: 8.7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Folly Inlet, with beneficial dredge material to be placed along the beachfront Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 3, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ""additional notes may be attached"* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNEDjj��'JP DATE Iv�r��� RECEIVED State of North Carolina I Environmental Quality I Coastal Managemem O C T 0 5 2018 127 Cardinal Dove Ext., Wilmington, NC 28405 0 919 796 7215 DCM W ROY COOPER Govemor MICHAEL S. REGAN Serrelory BRAXTON DAVIS Direclor, ' Divlsirm ojcoaslal Mamrgemenl # ?' September 7, 2018 TO: Dan Sams \ District Manager-DEMLR \ Wilmington Regional Office FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnevspears (a)ncdenroov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review See complete submittal at: https://obrienandoere.sharefile comld-dfa7a4ec872f4a67 Applicant: Town of Oak Island Maintenance Dredging Project Location: 8.7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Folly Inlet, with beneficial dredge material to be placed along the beachfront Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 3, 201& If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "additional notes may be attached*" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. Eros; -x 'd st. %n .&- c0,A-'m " ci:e__ c�n :ssJr` 0.11 «� I" dt*Aur6 --- occw:i jaAwarJ rrFA&,';rs} 117. hf -40 �. This agency objects to the project for reasons described in the attached comments. SIGNED \ DATE /� f$l,-,3cV9N'NOIDNIWIIMWOO 8101 9 0 100 SUM of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 Q3A"1'�A0/3U 919 796 7215 a I FtvbruaiV72019?. Tqwp'00*'ls DWR'W=344.: -Arurisw PtY. QfiUl Es Oak W(AnOriye6 Oak Island, NC S465 wfiled- OPitdVAC Or4O WAT0R 4QAtJTY CERTIFICAITQN WiTHADDITIONAL.CONDITIONS, .......... USAACAC010.0106) fdwh,6f0akisland'maintdffarfct-" Lockwoodfli et an dA1W—W',j:.FqWlng- Mir'W.KU'dgus" LqfqrTati On'Wa§zMqqgkted ,7, 201&aridre6elvedby the arq';qyqrqq by the attached or "act -ofowptkerspoaon� geoptai ,1.. Thif61160ingimp-ai-c-l-s- L- y-app.(06d PrAVidEfd' that cbhdfeidftsofihL'4cefriiriqiion-are iii�i� kwotherim ctsawap ---- --- -P; ppyed;,incl dingjnc.ldental' iMp4ds�' 115ANCAC 02H.'0566(4),.afidlor-(c)) RECEIVED DCM WILMINGTON, NC'" FEB 18 2019 1 .1 T6WH dOkkislifid F6 �WW, I t(v gqoA .GC401";<AOOr,641 Type oii Impa- 1.4pi Ap kvA pproved Peft4noht T16MOOMN Open Water Dred�(hg=AlWVII It'arigenviiYa6d Uck Wodatao 1,19,'In-ldt T 6*derslfy Fill:--. OakslilandBeachfro (w"I I 20-00cres) 1. _46;13W ginear.feef) Theseppp!pyel:inpg-(k4MspeqfiC to fhe p'urpose_'Intent:ad.06stgtfokf1iO ed A00liEbtion'idatedT6b'ru6r I2019.Speofj;dr�dgeqyanC t INayba wal OIa6roqf,6ot(6h based on material c&rKodsiti6fi may be '1066040fdk MLW)i 6s..'t6fkeeii66d"siriyoLtr,,appricad6n. FI6e)&ra)qe#M 2, (76ftffifttlorf Mgfb_it6ffUJhfs`­affd Cd&dIffAtRo-nj, fdctiwles-mustoccurdurin :p dsoffilghbio Ica �L4;�tqr -9 I�qdii* ( uest agepctes and coordinated i0f these activities: 7 9_9 All moCdkoriutns on cOrtstructiotiactivltiesrestabllshed '094 us FM anOWUrk t bivji6n'd 9&0 FIshdki OwokQ A oo! (0-aw ij,DIVIF), dfNitidif5l'. Mpnvavi1,0$_'t_4r1v4IJJ EkbgOtl6tls_tor,this. e,p . u - rpo - se,a - n d , desig - n d 'd _ni "Opj describedli6fidh4hd as cdescribedidthi escri gi yqura Public "ice,-,Thgp§ns aqdr, p f S p qtiqns�, grt.hisproject nc ted,by, refererickand'aWan _groji, qrp.or.a /ttty,modificationstQ1he:p O*rko 0" to, jp, w --.R application submittal fo DWR.witl the appropriaterket (15AMACO2H,11-54L AAll mechanized ffiakitalned,'to contamination ofwiters,ArI4 g!�j,,f aritsi-hyd prevent Faulk fivids! or other potential t& itic h e M I I% I sin t h e, iMit of . a-- hy-d r-o c'd-r b o n. o r'� c h e m I ca I'spit( th e- -of 9-affi to-S.pm at the Wilmington Regional Qffic!; NvoekeindSsCA (g0O) 850-0369. Wfi_4jdWWbtbfi6 tcqrojina, T M&Rqzar Hazardous ,.31.5AINCAqo2t'02aa"(3)(Q,ifid'GS-143,Ar tic I I e21A. T.6WfioMakfilind. Mafnfenanceqqrgdgpqg- Lo k GC 401 Approval DWKProj6tf#20191W .5- Dr-6dkihgshalfnot cause Shellfish itt6sures, `Tfibeffluent ,WAt&'fFdM th6 dredgespoil il , an . ltai(40vdthet D1vjsfpn QfWa e -,Qualit 4 sheil%ft described In-yqurapp(fpiIqq�'Th i foml . , q:.,ptans�andl speciticati E atoart'dfthe -Cditific4ti6rr. If you change your ' ur project; This approval_and 1� Its,condit - io mare fifial'iM . CLibindiniildss,cdntOsfed.![G.S.=1432155]' 11S4 This,Certificati4h can be coirit6te&as Provided.in',GenerafStatute 1569.'byftling a' written Petition fdtAh' admiri trativeb4ting7totheoftic6'bUAd"thihistt4t N'e'F'fieil-no(herebyknown asOAHf.,wiih!rk sixty (ISO), calendar q#r 0AVA., ;A petition fom- may from the-,OAH,'at,',http. ;hc6bh;cqm/,,,or by.,ca!jIn AheDAA Clerk!,s 'Office at"(919) 43140' fdor -,A is'' 00-S Al'afid66efl) cojoy, pqt1on;,,A petit ijilgred tlfd 'r o along Wlth'any applicable .OAH filing fee li received. in the OAH during normal office'- 'hours. (Monday. through Y betweeh"ll.001am 5hi RGOPM,exCcludlfi-g. official state holidays): Thepetitionmay b64andAo,the'OAH.at (919) 431-4100,provided the qrI&pj,,4pc1,qq0 copyof'rthe, petition'aloog %Sikh any.app,'I"t6 ,0AH'' I-11 616- - filing fee is.f.ec6i0d byid:OAH WithirifiVe (5) busi.6essAays; followingthe.,fa.xedlransmlssjlon�. Mailing address ,fOrthe;dAkh lf,sendlpgwiaUSPostal Service, ff sendkhg vid.deiivgryqrvh 5 ce.((JAS, Fqq6,.etq)', _ 'Office of Ad it[ve f4epeings Offic e pistrativeHearii- ngs, 6714-M611 S&vI&Cenfer.- 111V h -- - 1. RewItqpe�C urchRo Road' 69*,6714 Raleigh; NC 27609<6295 One (1), copy ciftfid petition must also-', b 6 se- rve d to Department of: triviro nm M [qtta Quality;; � . I-----, - --,- -- - q -,a Ry.. .William P. La eteneral Counsel D,ifoOftm4rit of EfivffdnM6ntaf0ua1Ity 1001:MaIfServicdCebtdr, Raleigh; NC'2-705,466i, RECEIVED DCM WILMINGTON, MC FEB 18 2019 W-00 fleOse - --optn lif6fti6fivor.Oncerns. Eficlosurm; qp-4i7,$' FOfIV414AMW It 4bi*"Provat" . ; DWR;Pro)R#Vbj$" I Pdj&4'-Of4; dfthbIlivision underRol" 40-I � I - P dign WWrAtOMISNCAC JV016AWa-6-19-707-3 631dt"PauLWofaski Oncdmr,--9ojt-#,yp4,- have any Karen Higgins, -SupeMs9r, �cc;: kkNO HAI; Otrid" G&6Xifol'h'd6ri; inc Nib e!I)� Heather US Army:Corps of Engineers,lNllmingto0:'Dlstdct (via email), eTbats/Courtney Spejri.:NC dffiqj, • DWK-401 i-BUffer P nn FlleOik6,,1813.44TownofNkislandMainionartce -iruwswic STATE:OF.NORTK CARbLINA; PEPARTMENT'OFENVIRONMENTAI. QUALITY ,Q(VISlONVF' WATEIR E50CJKCES' VI►0e4, QUAtITYk L CERTIFtCA WN N6. 4175 GENERAL;CERTIFICATION F,;OR,P.ROJECTS:ELl:GIBLE FOR US ARMY-CORPS;OPENGINEERS REGIONAL:GENEICAL'PERMIT'NUMBEfCl98000291(Nt)'COASTAL AREA MANAGEMENT' Acr), REGIONAL GENERAL PERMITNUMBER201801536,,(MARS)tSI40, i NATIONWIDE`FERMITNUMBER48(CQMMERCIALSWELLPISHAQUACULTURE ACTIVMES), iWAMONWIDEVERMfT'NUMBER 64.(UVINGSHOREUNES)1AND « -,WHENAPPLIEDTO.LAMA,P.ERMITS,REGIONALGENERALPERMITNUMBERS,' 198000048,-198700056,, N1ater. CtuAlity Certification Number_4175 io !§sue¢,k.conformity w04 the requirements of S#ction 4ole Public LAW§ 192=500 and 95=217 of the''United";States: and ,s"ubOttAoi thes North• carohO Regulations in 15A NCAC:02H .0500land`,15AACAC 028-..0200#or-the discharge,of`fill material 'to .surface 'Waters: and -wetland; areas as d`escnbsd m Regional Geeeral Permits, 198000291;198600048,198700056"�1978Q0080;197800125 and 198200277 and ii , 33.CFR 00; :Appendix A. (B)(1,1,2; 23; lA, 8, 27, 29; S3, 35: 39, 48; and $4)! of°the US Army Corps; of` Engineers Regulations. the Sfaf e..nf North. Carolina, ceffifies, ihai the specified category of"novity -mil `not woiate ap ,Ltpble portions of Sectiorts3pl, 302, 303, 306,;and 307 of the PUblic;;laws 92 500 and 95 217 if conducted in accordance_•with'the conditions herefeinaffegsforth, 'Effedfve:;date: February 1, 2019 Signed this:day: February 1;,2019 sy r ' Jor.""' Linda,Culpepper�;t)irecfor REL;EiV ED DCM WILMINGTON, NC FEB .18.2019 — -- I — _ . . n _ — — .. DTP thresholds oetirtuffstances require aj AdM66 authorized ;bvZkM&Major qkvq_lopm qqt.ftrMl M-,eKept' 46it , Ramps afid',assocf6ted Ottesp (Le. roads,;md exravatiorrorfilling bf,16sthadeSOO-square feet„total of w-'et 'aro ojqgnter ,the 6ftiilitlkiilthWthi 6k&iiAtIbh,or filling :of coastal wetlands (as jl)$.IhOreflriet protection sills) that,( tie into e*iiOO9 bulk4eads,`16ndbr'otrfier shoreline orotectlon rneasures4r . 2 - )dd. not extend WOtgMy4'df'the. ,nbrmaI_Vgh Water, OtjformAl W.ater1finf. Mpritivan' 16 4e0fi provided .th.e,,akvity will ,not "'thy6typ, the, etc(avaft6w or filling zof:any, qrsign(fiopf shelffith re--,., (as" SbbM A4bdkit Vegetation ($�V) --sources IdOtitified,;bVthe D)Vislowof Marlhe:flsh.erfes) a_n.dAmpqcts4gsst.hpn 50.0. squRrft. feet total i3twetishi'vith the 6A*ptloft that-thb4icaviti6hior fillik,of coastal, wetlands. lastikMid in 15A� N' CAC 07H ;0205)shalhovexceed ,100 square feet; iiij A shorelines/.marsh I.,IghdWrdedge€ofrthe sill does. riot; exiend"Waferward',offfif normaiNg"water"orliformaj h, Wat6f lih'&?mofe thikh 30 feet or fiKiffk waiirword of be e)(Iiiiiiig Wetlands wh ever -dicta , 'is greater;'(2} the activity eiged R P(C'avation, brll,& any &tbrn - A'4u6tk,'Vdgetat1dfi,(SAV) or slinliEkLarit shollirish! resources' (as identified 4y' shellfish:- �,- rj Ck , lbp Division of Marlrie;Mhedds)A iand (3)._ddei not result - in any fli I landward of the tft, of 'the, sill; al . Ignffient� Of6vid4d thii,�.Dlvlmofi of" .C6iAal'.­M­A­ geindrit representative, �,submb, !6, :copy 1 11 of .the 'W lifte . n laut6odibtlak'fbr` the General Permitto the Division upon:issuance;,Qr iv) Piers and docks,designed q. accommgdate up to but not Oxc jdj g- 6vet'selsi (except where prohibited in Outstandhg Resource Watefs (ORW)•as;;defnedin; '15A NCAC_02R.rO22S(7),4j8)) and where the water depth is equal to'2rAre4tgr than twd,kdtof water at normal, low water level, or normal water lever (tvh`icheirer is V) 'Wintenarf.cedredging 6 , f - less -A - hbh'10.5 acres;df,opepf -water or non -vegetated weiliqds, provided that the -jpp,!(eant:,can,provide documentation sWAowing: I e R th Ijistorit, cl"eniionsof ' the 4redgeo,, channel, ha, ef; a excavifed'or filed; 'in g vij Peoiects-that,, _'��Ive,oniy:shadi_h : ofwa'ers or wetlands'that do notmeei-the A) Uhl'ifty-flinesi , except wastewater [Iffesand potable water dikhirgellints,Which-are SuMpa,to an NPUES-POrnicas long as, alfinioacts. are -temporary-;; WJ0PiJ6nd,*eYeIbpMqnt Whi;61 iOVOIVes'nd, more than i/ja:of "anR'rd�'df 6ASiVat ibo orfilling of non coastal ; indiw)t1l,-the-excep qn, thalt no more `than 1,00. sOuard fiibt of the noncoastal excavation or 'failinglake within' place may v -1 - ,,.w Cdaistil"Shoeelffi& Ar6a,of Environmental Concern, for the purposes qf-thin area ;ailtulkion;l thd excavation of "filling impacts' 6f--the entire wofect shall be Page1df,12 -QC4M' considered, wfikh ,may Include boat stabltzation_measures, and; i*). Single family home -construction, f hat results In fill of,404 jurisdictional wetlands --1 — as long as written concurrence ,is-not required from DUVR for the applicab)e; US Army Corps.,ofggginee.rs.Nationwide Per,mi,t,,.o CdOidi6rtfal,ihellfish 64ti6eultecWIt u�,atI IL�stbptqya,;Ify.fqrN��i6nwid,ePqrm(t��49 . "-- -0 provided. the, Division `bf-'Marine Mh&Ies--,(PWjL6ase Pf,64 sybMW8.'.fhe proposed, k.e map:and - I , Mestijatiori'repbrt to, QWR idr Zoffimtint pribrtbAhe DMF Difectot's iecomrn6ndatiowon the ,4nystrearn relocatiorf,or.stream restoration;or ;Is, definedNtAt" OIR A i(0), and 6V thedensity specifliedin 15A-'.-NCA'-C"02H . 1 - 0 . 17 . i wfifch:; ij PiAurks,., one acre or more; of, Iapo C!ncIUdIO& a, p6ject, that disiurbsje55 than; one. acre of land that ispart of a larger-comm I on plan of, deyelppmeq - t7b I rsAle);'apd. fi)+ ProOdses �drffiafiefit wetland, stream or.ppep water and III) IvJ' Does noti have iastormw""titer management plait, beviiwed:and. 600foVed under, a state ttormwater peograml, or i,n-t;,s'to-rm"wa'ter' pflogranf,:' Frp]Ocis that, ihave; vested! rights,, I oAmpthinsi or'graridfatfierjhg;,,f�,6m. state be, locally- I Projects '' that- --- - . 11- 0 ' i •,,, j *MwIter, programs and projects -that satisfy sta riocally-i impiemented.'stor, d teb_ Implemented Sformwater pTgrjkrps krqyrft use of cqrprkl;ql* in-156w programs- require written approval; ar Any impacts t&-SAV orsignificantshellfish i6soittridgas Identifl6d.by, the piq,or Arry'lin0acts,,. - UnlquiWetIands:,(UWL);.O-r 91i Any 'im A - ' latlojj oin"an.. fcemeht-,bdtloh fbr-vjolkidh(j) of pa ctcassc!ctaWWth tkotiOz of)Ad .NZ;Wetland Rules (4AA MHA5D6)j.hC'A'So1.ated--' - 8 1 Wetland Rules (15AMACO21-1.1300), VIP Surlace, iB idldd)v X ,oC5t6teA9guI6te8 Riparian Buffer Rules (15A,NCA(,,02B',.0200)-1or h)• Any l' m-p-act I s4o subiect water bodies and/or state regulated r opqrian buffers;along subject . tqtp4 1. _ buffeq - — - Watd�60-dlds in the"', N-e,(is'-6,6-r,-,Ta,-r--P"a"nilico- -Riv-'e'r-S—wiris (or any otherbasln orwaiersfied with -State"Reg6l6tea' Ripari4ft Ardal Pedtbdion Kules [Buffer Rules) In effect;l at the time. of vp Icaiton'), unless: 166senj e 11 the activifilesi, ate. list6d'as "EXEMOf?"Irdfij rules; of J10, A ,Buffer Authorizationz certificate -is, issued b of , y th& NC Division' Coastal iii A Bgf,,fgrA�uthpq;$iOnCertificate, q!-.,a;;Mlnqr Variance is Issued by, a ;dglvgated, or designated local: g6verrimerit, Implementing qj state riparian buffe r program: purslddfifto-1,43-215.23. 6h*,c�r SIA!eflmiiiferrented P6ase 11 NODES 2 �i va E�'S.�Delegated Phase 1APDE5; Wafer Supply Watershed, 'Olt-S"nJie . -t.- ..A Wers_qf'Unive_r5al Stornmater. Management,Program RJECEIVED DCM WILMG-rON, NC N FEB I GC4175" AC*IvWes-,,incf6d6a:Jjry this Gine be pflowth t'do�noi meei-one, -IAI . Miff 0 of the thresholidiitsted above do not:rpqt;bT Woqq approya(k A4 ;Rqthorj;ed by, ;`Ajqa, .',anapment ,A#.J"N*) General Permits4o hotrequimwelftien-approval'from c6rhOlV, -With,allofrthd Activity Spedlic and General Widitl'64s: of, thii.,C60fication, listed below. cannot be:met,,then written approval'froru the Dtvlsion.ls"required. L 'AMV" SOWIPIt.CONDITIOW. 1, The effluent wafer from tkedredge Spoil shal), not be r released uplen, $hgllfish Sanitation and the, Wilmington : %6�- IkegIqnA(. Office, asapp'll6bigi:are notififecl ,and provide approval prior Wedge. J15A INICACO213i,02211 1. If this Water Quality Certltication. Is used to access res dehfial,'commercial or ln&str1iU bmldmgssitesf then, all;pqqe!!F 9"iko by.the applicant That Ire part of, A At"g[ and; c6ifiol6td! Ofoje#,;uth§rfzed b tW,Ce ftitldh. Must, be buildable- hotit addltl6fialt -Y - - 1111 _4 6_ . t-1 - b�­'bWj"rjh .. .. ... "WIP - — -.1- ". 'i"foactetb ttreifffs-de Weitlarids. lflee461WAFOWN Ing y, e applicant shall fprdvicldl Buildable 'tJ wetlands, waters, or state regulated rlQ;3riah buffers , [15A NtAC 02H1:0506(b) f4)''and (c](4)j 6at' 6 31. For Iroad cori-ttNW66 purposes, :this Cettificklofi shall only 66 utikedfecim natural: high pund.to'nawfal hifli,proumi, ['d-,' , 1 1. �SA NCAC'02H%0506,( ai.id, (c),O)l A., Deed :h6flOcations. or similar Jbkkanlgn6s�shall Be placed bW all - I I ots With;I retained judisdid-WO WOWds Vaterg and, state �re-gu.IkC4 lelp 7� � . " - - '. —111 1 1 rhid buffeirs within .the Ord boun4etes--i'n,,%)rder�passu.ro;cqmplian'cCWitti NC -,,.Wetland 804s U5A,*AcLd!ff,.0-50"0jj NC I Isolated,Wetland (ftAAO��A� ind/ptSiate:6e6Ik - ar 6ufler*4ies Rule ed,10m. tin (9ANGACO28 ,.D,Do).,'Ihesemechanismssfiallibe:put !F!place ,,ptthe,tlin.egf-re- i in f, _9 o Og-propeOy or, i1ppli)ou gfs; *1`4hgvqr kappropT!atp, 15 --q? 6( (4)an& MOD every5 i oq Ilvrng(shorelines, the. sills shalt, have. of least one five-foot opening, Op" ,feet and; may bel-stakgered-or•6%*Id;Yped or left open as long as the fte�.foot sdomration. between, NCAC�sectlons, s,rhaintainbcf. shall not overlap more ,than 10"f,e6t [15A, ,6, :,For living, shorelines, the. penritt6eshSil -employ allsed idieritktibif and: erosion zofifrol IneAtOd§, w1iltmary- to Otevorit Am'increase ,;, in sidi'Onentitloh. and turbidity -Within Waters .and wetlands outside A -Permitted. area, thim shall, in do, but is not,. limited to :the he -Clu if ea, immediateinfencing; turbidity, curtain s or similarappropff4teF devices ,around 411,-arqqsObjOci;tq soil di Addiiippallyj the project must rqrqyt!i jn',full qqMpliake with ,ill,6spects7.of"the.Sbdfmenijiibn 1761lution'Cbritrol'Ad and the Mining A4 of� 1971. [15A NCAC 02W.0506(b)J4) arid(c)(,4)] P6jit6f 12 QC- 4174 7., For the I rNorthr 'Caro- lin- 1ar .Department - ., r—'T -- -Io.-f I'IT, nI-poI_ ria.-tip , tomplianceg,w:k,k, -t66,, C "divid"""NPDE"'e'""', NCS0i0Q256 shalt serveto satisfy this cqq0(t(poAll: other ,hlg density iroietsthitiriggLrtheshoI !Aern #1 @4qytshacomply one of tho"fallowing recfUit#Wdi1ts--,[!5A rq=021`11:0504(b)(5) and- c (5)) a. NoVidd, & eoM0!ptpdStormwqter M6n?gempnt.p1an ($MP)l forreview and -approval,. including all 4-pifrojjirI64-sf,drmW6ter 6ontrof measure (S(Mi,supplemental fbims.4nd; associated items, tfiAf-e6ff0Ifds-W1th thb1hW--ogrisity Oivelo rn "re ufre is V OX A Men 14CAC, 00.1003;� S tordnVbternfahatdin6rit 0411 :bd,;ofdvided,.,throlugkqyi,.'i-h-e eptinaf Onijea.-aret In: -act6rclahce.,with 15kNCAC 02H .1003. For the Ourpaies,of 15A NCA - 761H (2(pj,de s'itV tipe5R61ds-shalb0ddtOrinined n addrikke'With ISA NCAC -b'prpyjde*-cumentaiiofv (Including calculations, ,photos, ..etc4 that the ,project" will not g4u4p oogo4a of, 06whstroafti surface waters. D&Ufif6kitioh, shall include a detailed analysis of hydrological lmpactsf�,orYf;stcirmwater,`runb#,'Wi�6ri,,ebhsid6eifig . r ther � - - the volume and,.yokp,jt waiv Ith- Wilt upon -area drid the he y of rrunpff-from cp�pject% s1ze,2qnd,4xistJnMp0iPpn qfthe tgceng Ami(iYl� Exceptionsto- this-%con_d(#p_n rea4(reapplicattontoapdwrfuenapproyallfon UM I f0EmERALc-o4N16rrI0N$: I, when' written, authckriiitii5ri is fie,461redr 1, the plans and specifications for the project, are, incorpo0t0d. Into ;the authorization by rdeFdricd and are arf,enforiceable, part; of the Certification. Any modificatfons.,tolhe orcije�ct,re.q-Liirb-6611fitaticin to DWR and mayrequire wapp*a PpAybmittal;tQ R With the appropriatefee; t15A.NCACO2H.05014fid'.0502j, -'kind'shall ei nd§;oe'W6te No" waste,, wili :solids,, or 01, of any dativirr W' ia' waters - s beyond the footprfnf�of' ) impacts-(iincludihg,temporary from, bft, or beyond the.thjFpsbqIds established" for use-- of this tortffkatiori w&)ut MW I)i vrItten.authorzaitil 9n. [I�A - - - , ,, 2lj.0501 and OOM� No removal of vageta oro he' I pacts ,ofanyondsha . 11 1 occur .tostate ft"I ted'eiparia- an ds:11stecla-sran exempt actiVI In the applicable rii r r _�qrjgn kqffeu" rules:; CA fi,.'6260y I o�cw#qce with 0­2*, 0566(0 and tession, �AW 201,740 P - - . ,, compensatory Mitigation, may ke riquIredlfbr'losses,of grq 'thap $00 linear feet ofpererfnlatstreaiffis ... , and/or greitdt--thih,one (1j am of wetlands. Impacts associated -with the removal of a ,dam sfiA'ho't;re4ulre ffiffigitloh whenthd removal complies withthe-requirements of'Part 3roi.Artlrle,21 llnrdaptbr, 143-of.the, N6rth-,Qfofiha G664ral Statutes. Impacts to isdIated, ,amt other 66n-0-4 jurisdictip-6i wetlands: sWf jidt be, e6mbifidd. with: 404 jiurlsdic-h'qppI weMand S' for the. purpose -of'determining when Impact. tkreskofdv. triggdr- a mitigation requirement. ror fine 'r,puMid -y owned and majntamethtransportationas thR`6re'ffdt determined lo: be imft- ofa lar er LcpM!pqr! pl an of cipyeloprngrit, by the 115'Army rp of RECEIVED 1 0a,ges d'12' DCM WILMINGTON, NC I FEB 14 2019 11 L I 'Q C4175 , _15 �E-6 !h_eers�compensatory. . mitigation; may, Oerequirodlor losses of grvater-ttan 30 [!near. feetperpAwIfol compeqsatqry stream, arfd/:prWoiiand(..�mitigatio-n-shalf U proposed o.and: cdr4pieted i1i 0 ; _jj - J,�' ' 1 1-4 Cop mitigation to" witsiW'a ;qr,n61lAqcp' with A 'S F, applicants prop..C)Alv�q .44ccv( g i; Prbje#sqq,,a,complete mitigA"tiOmproPqs_1 developed 1w'ccord'a4 wI-.- tho most recent, jUldiKe& its ebythe USArmytorg.qf Engineers wii �gt biftricishalfbe submitted 4. All act-Wities shall be Im compliance with th, any:appUceble State. Regulated ki rion Ooffor- pm FWlPs:in'Chdvt6r2pf Tftle,-15k -5. Mhen lappikablpiail construction activities s ail be Performed: ;and maintained in full !0--.- A - compliance with G.S. Chapter 113A Arfde 4 (Sediment an Po![4tkqp 'Cont ( cf6fig!31. ,Reiardless,of applicability of the Sedfinent -and Pollution: Control Act, all, p incorporate _ ifti 114tt Miriogo Piatflbds for the-, control of -sediment andPpprop!., , I- - ,sediment I... erosion 4so,ihart no violatioris;df-st6tem water quality', pt5riditts, ftatufesbr roles,occur: [157A 'NtAQ02 . li;056b(6-)(3f;ind(0)i§)andigANCAt:.0,2B,.,02061 Design, ;installation, operation; and. maihWjahce ,df. alL sediment -:and erosion c6riteol measures : 464,40"ou I a I -to, dr'e'-n- e 64the ri*"Iterrieht-tsokifidd of,, the` Noeth,666a Sediment and, Efosloon Control Manual,, or for linear' tiwn . sO'dttatwff projects; ihe:*OotSediment and ErostonControlMon;mt .All borrow si esy an waft 'ijji6jtodii} sites, ,jinclu in cqnfractor-Aw.nod or leased �borrow, pits associated' i project.. 9 ociated'with the' pr6j, u ien , at rial reg r , too Tic _s . 4iregl fOrstab(lizekdon and/or repal -qferqr�dq trol,meowes. and J stprrnwaier routfnl g,,a!!,O freatments4all be site atoll, Urn For borrow Pit sites, the: erpstort and sediment control, :measures.. shh-gll ie:"designed, ;installed!, operated; ratedlorro re cent, acerit-verslo. r. rvof the North C&olindS4rfqcq':MI*g-' measures and implementation shall t6ftioly'-with,thd reclamation in, accordance With the ee0airements of the Sedimentatfon 16,197L P6116tidn Cddtr.6(Att af4fhd:MiiiI4,IMi or-Witerstieds clafgifledas F I , r, , e I qo,i?eMd tr:s'set 6. Stdimerit,arid erosionw'd6fitrbif didagUr6t shall not, be 015ded"Iri WkIM& or WatOft except. Within thofqpfpr, firit of tern po ra ry'.0r, permanent imp act slauthorize-d under this:Certification:: Exceptions to this-copOitibn requipek _application m DWk. (iM-, pplitai qnAo aqcf. writterf approwal*o ;PijCe Ccif"IZ GQ41 75 7.1 Erosloq qortrpinottin.g, thatincorporatesp4s,tic mesh: and/or-D-fastic- twine ,shal(not: 66' Use7i- along ttfearnWnksi or within;. wqt!qn4i., Pq;qpjlqns, w, this condition; , - require ;bpplicatlori1d, ihd,writteft. ajpOovalfrtim DW on Sjorrnwajer, Permit RCO�6�00) I 65 S., An NPAES Cbristructi, req6jred for, construction projects that; disturb ones (I or more a of)a land;;; Thjt,'N' i0_0 t(R§ P., !C., 1 00,1 Permit alljoWs ttofmwdtii-,f6be-disbK6Fg6d�dijOihg,lan4,.dittui.bi'n&construction actiVWesas'Aip.ulaipd'iJr_ _k the.tdfidltlohs of -the permit; if project is c.d.�ered7bythis� permit, full compliance with permit conditions including the erosion &;i4diffient4tione"control plan,, ins ectlons>.an.& maint6rfairfC6, self rhonitorihg; KiL244fred-PISA KA I . he North Uedli I hk De-05irtiffent 'of, Tfarisociftati6w(Nicao.Tj shall be •required to beinfull �compliance with the zconditions :related 1d ddhsCr.Uttidn,ictiiiitids'.Withih the most recentz version) Of their individuar 440,6u (Woomd) storfTiWatbr',p#fAft, (15A NEAC 0"2H ,0,AK Work dbeshof with Ist om'44rf Contact ihed" Urlied'U66. Aoor6VLidbLitoisniie6hietitpractices fidhithe most cujrrLhii.vqr4on of the, 'f4d '§idlment and - Erosion . I _c iiiiej ACDOT Cons&uctlon and,- *ihfepdpce Atiyrtres Wnuali such as'. sandbags, rockberms;, cofferdams, and 'otheroiVerslory, structures shall used t minimize; iln in flowing; Qm�lhl k ize. e*cjv,ao Water. Extdotiofis'to this condltl6nreqdlre.appj1c@t;1on• to_and ,written, approval from _bWk.- 125A NCACb2H:.050k(b)(3)-iihd,,(c)(3)] 10lf,6ctivIfles must occ: r duri g peiitids of. hi u_ In biological, ical,act'I'vity,(e.-g.Aitaturt.0L-nes�h lisfish, g; spawning, .6tbird n6!ftihg),the6biological monitoring, may bey requimd atthe�jfkq'y'est7of - . other state of federal agiincfds� and coordinated -with, these activities, 115A .650,(b)j2I and 15A.NCAC,0411;01251, All ffi&at-0irluffis,,ofi 661iistr0ittloti activities e9tablished by the NC Wild! I ife Aespoccas U "N"K' -- ----- �Cofilmft_N66 (WRC), S Fish; and Wild We S&WC4 (USFWS); NC' .Divisforubf."Marine FisherieS (6MIV), or, Watidtfal Marine fithiifles Sdrvid6 (NMFS):shaII be: lrnpldmefitiad., ERceptloris to this: coin'difibin! require wrftten.approvai by the; t6Sorjjrc6 6gbhj*;eespdhtjble,1jor'�the ' gjVj6 moraic, m. A 11 cifi p I , .1 f "b', ' rd" d,.w Dwk. __rfu _copy he:a piro a(ftom,�66,�ff!�oart,eIpgetYOVshaIt.e,-fbrwa e .Work: -within a designated, trout Watershed of North Carolina 1(as� identified ;by 'the Wlmfngtpn� District 45,Army Corps, of Engineeri), or identified state) of, federal;endangered arthreoterie4species, habitat, -shall bg_coordinated withjho aporop4ateVRC, LfSfw�', PMFS, and/or 6MIP Persohnel: 11_. i MIVgftis:shati be.desi ned'and instMalled, in such aman-ner ghat the original gtearh, profiles -9 are, not altered andallow for aq4ptiq -rife movqmeni-1- .during low flows; I The' dimension, pattern, pci`pr�pfiki,ofthestream ream above and 'below ,a.p Uywidening ,th(i,sti65iqcharifieldr'by.-reducing ttied6pthof'the,streamilhconnecti6n.with thd;ionstiudtiofi!dct!VkV. The, Width, :height, and gradient of -a ptoliosi'fd_ culvert shall be' RECEIVED Page 7 01`12 DCM WILMINGTON, NC FEB 13 2019 G -4;1 ?5 such,,n to pass the average historical, low; flow and spiingflow without adversely aRerfitg flowvefocity C15A'OC "C- H .05o�(b}(2) and (c}( )j I, Placement of Culiierts a-nd ;other'strOOures in istreatlts• sf al! be,tielow the' elevation, of;the streambed by one, foot,for all culvertswnh a diameter, greater than, 4g inches, and, 20% of ' I the culvert diameter for cglgerts having^ a diameter less fhan:or equol to 48'inches, to-aflow low fiow,passage ofwater and aqu0i-c,life.. if muft ple pipes ar.-borreis are requtreil ;theq shsll be designed to mimic the existing strea►it' f uoss'section as closely as p' blelndudmg;p1pes. or barrels at flood';plmn elev_atlon and%.r r sill ,where,appropr ate Widening thestream channel shali.be avoided, ° When topographic canstramts indicate; culvert slopes of:greater than.5%culvert burlaf. is not_reguired, p1pyidged,thatAU alternatwe optfons for flattening the slope: have; been; [' investigated and,aquatic life movemert/necfivity hasbeen provided when possibl1.e(eig- rade.la"dders,cross vanes, e'tt:}. ftotifiication, inctuding supportingdocumentation to include: a location map. of the tulvelt; culvert profile drawings, and slope talculatfons, shaIV be providedao,DWR60:caleridar';days pnar•Yo the fristallatioo"of the cui"vertr . When hedrock=is present;in culvert iocations;aculvert WHWAs not reowred,:Pr4vided that there, is suffiOent. documentation of the. i.dt bedrock. Notification; including supportiii'g documentation stith as, a Ibcatibn.m'ap of'the',tulvert,;geoteehriiltareii"offs, photographs, fcc44ll`be, provided' to DWR a,' minimum: of'46. calendar days prior io the mstallafion of the culvert: If aiedrocic ls,discovered duringiconstructlon,_ then.R,WR shall;be' notified 6y pfione or email ..... scovery If other site specif iG topographic cons taints preclude the' ability to ,bury ,the ;cuivens as, desui,ed aboveand/or rt can be demonstrated that burying the cufvertwauid result in; desilzationoNhechannl'thenexce Oil` 0 enionsto ls ooufre app_z.and wrib';. approvaGfr.6m4 1WR: Installation of culverts m?.wetlands shall ensure.'continu ty of, water movement and_ be; designed: to; adequately accommodate,fifgh; water or flood: conditions, When roddways, causeways, or, other fill projects are :constructed across FEMA-designated' flbodways :or Wetiands; openfngsi such as auivert's or b"ridges `shall be.p"'rovided to<maintain'the natural hydrology of`the system at well as prevenf constriction bfjhe floodway Shat may result in destabili aiion of streams or:wetlandsi The! establishment _of°native woodyv getationand other 'soft stream Bankstabiiization techn! ueg. shall' be used where practicable, instead of" rip4Ap. or' other bank haPdening methods:, Page-9 ofll a i a. 12; Arli$ge; deck *aia. shall not dischiirge- directly- into the stream. , StoiniWat&- shall: Ybe directed, across -the ,.bddg.61,ond pre-treate&throughibteiyie-Afstb.thd,maximum; extent; practicable= (e.g. .Srassdd "swilaj preformed scone' holes,, V&getated tfiffkrsj. etcj keforg entering the J�k, th(s,condition require applicationto-ari-&Wfitteri, i$.-Appli;ailon,,.-of;fertilizer toestalifish; pjafntedjfseeded vegetation within d I Murbed 1­ri0iiriJ]6 are We agronomic; rates +arid,shaflcornplv With, ail areas and/or s., s,hAlI,'1bq gpriduc.tod; at, othenfederali, Stgte,�,aqd,, (9ca.1 regulations: Nirtilkerapplication shall be accoinplislieckjrf a ffiaifirier1hat-7ni[nlmizes ' the; ' risk - - of c ' o i ritai ' ct� betw ' ee - nih - e fertilizer and smiface.waters.. fiSA kA&'.d2B'I6200,and.I5A FiCAC10213:J0231]� It. It concrete Is, used during,all _i;L96trm4ioPj,, theq; necessary, measures -shall be taken to prevent directvc - ont , ac - fbe " tWeen uncured'o - r curing - -cqricreiel and, waters of the, state: Water Affat concrete #p)III, n, pt be,4isc4orgeo, to waters.Af(hp, sfate..� 15, Ail proposed and approved t 14,4,0-culverts shal(r.bae rernovedionoffie impacted kbi�i5h6lll:bd, retu'ryied?to, nitural,eonditiop!�,Wiihfr�,.6O '5;q1pndar-days after I - - 0 - Tr, the h 1� � A tp MP Qrary impact is rid longer necessiii�., The: impacted areas shall'be., restored to vr1glikal grpdg, Iriclui:11fig each gtrearn's orl&lfial, cross sectional zdlrfiehsi66s;, plarif6ren .pattern, and lopg1tudina-1-16ed, pn:ihle kfp-r0jdct% that receive written approval no temporary impacts are 'l6wid: 46y6rwif those: Wcludid,:in- 60P, aP"Okatfdn ahid&iihdrizatidn. Al - I tiafnpori - r 11 1 y Al impacted sites shall berestored' ayid _stabiliiedvlth �native vegetatiori. [15A NCAC 02H 16'.Al P,,P,,,.o and approved temporary pads`etc.. in streams�hall be installed as outlined in the most. recent editioa,oftho-Nor th'darouno,.Wime-nt and Erdsibr� Cbritrof',plicritning i?;td,PesJNgaM0v0-pr the 'North t0roflnaSulpap Mfdtng Manual or1her, North Carolina Dipartmeqt of Transportation _ ,priptibn Sis! Management fortonsfruci!.6n and Mai»tenonce ActivR/es'so as -not to l, use ,of CdrtificAti6d.,(15ANCAC-0-2N:.'-d566(9)j('2')Ta_fn'd 17.Ariy-rip-rap re " Tftir p�ooOrdul�ert-olaeeMept,itream-stabilizaiiopj.orrestorafion;of quire 11 c 1 proper ­.. culvert, ­­ ­rh,_ " - �' ­- -- --- , - 'tWjWaFrily� dist6i1b6d areas shall: 14 restricted to;'the e area; directly impacted by the -approved; 'tbhgedctidh'.aL'tiijlty. All .rip -rap shall Be: "placed such` that the original stream, elevation and,.-strearr'book contopis.,are roitorejand rfiatntaine I id., placement 0 - f rip rap or oilier'approvecf rriafehals sfiall•;not idsUfHh' dg-stabilizbti6n' of the, stream, bed or banks nks upstream vr-downstreirri,of the aTea-ori'm a manner that precludes: aquatic life passage:. 18s Any rip rap used for'stream eam r. :shoreltne,sfabilizat'on shall: be of a size and density-to prevent m9yernent by WaVe;!c4rrenf action, qr-sfrearn flows and 4fialf, cons ofcleap & jS'tL ro ii or masbnrymatdriii,fr6e-,ofd6bris..or,.toxic poll6tants. Rip -,rap shall not be,installed Jn L the streaMbea excepts in speicifid.air.eai required for viblocity control: and to: ensure structural int6grftydf4 ahkstabilization .'Measures. [15A-NCAC.02H.0506(b)(?)j RECEIVED 12, DGM WILMINGTON, NC FEB 13 2019 GC4,T75 . L . Applications, for` ri -ra p p ;grains proposed in accordance' with 15,!{ `NCAC OZt • 1401, (NC 'Groins Gr ision;gf Coastal".Management General Perfnit for"cgnstructlon of.;vVooden,;and rtilrrap Groins -in Estuarine and�po§llir Trust Waters)=shill meet alllthe specjkc:cghditio"s for design and constructlonspecified in ]5A NC11C 07H,14Q5.. 20I All mechanized:equlpment operated,near surface°waters shall be`anspected and, malntained regularly�to prevent cR aminationof_suiface.waters from.fuels, lubricants, hydraulic fluids; or offer toxic materials •Cor structign,\shall bestaged in orderto minimize the -exposure df equipment to<surface waEers'to ttie maximwin extent practicable: Fueling, luhricatiod and'. .general equipment maintenance §h5li~be performed In —'a manner to prevent, to the maximuiri 4ktentpracticabiesontarni atiori.ofsurface waters by'fuels and olis;;(15ANCAC; 02N .o5Q6(It)( }'anti tc)(9} iyrld.l R NCA 02B .oz11(121)f 21_Heavy:equipment Working in Wetlands;shall be placed oo<mats_orother'mea"suresshalI be xxaken`to minimize\.Soll•disturtiance..(15A;NCAC 02H 6sd6(b} ) and (c}(3)j 22._In accofdance With 143-215.85(b),'the applicant shall reportany,' petroleum' spill of`25 ?gallons or mo d",,any spill' "regardless,&f dtnbuht"thfat dausetaa sheen=.on surface Waters; Wrly 1 petroleum spolrregartlles's•iifi,atnoUntoc"c"urring vuithPn: IQD feet of"5uifactti waters; and arty a petroleum spdI (ess'f hart 25 gallons tl at.canngt be deaned :up within 24"hours: 33 0 "ah'enJironMerital`docutn nt is required under tfe State iEhViroi3inental Poliey:Act (§EPA),' then"t_his Generai'tartifirationls not yaUd until a Findmg•QfNo 5ignificant,Impact{FONSI) or Record; of Decision a (RQDj Is issued .by the 'State Clearinghouse:: if an envkonmetital ,r v document Is required under the National Environmental'; Policy Aet (NEPA);; then .this General Certificatlon is not valid until a Categorical Exclusion, the final Environmental; Assessment, dr. Fihal Environmental IrripActStateftent. is published by,.the lead agency (16A• NCAC O1C".0107(a))': 24, ThLis GeneraC Ceitification does not relleye the applicant of the responsibthty to obtain :all is other' required federal, Sfafe, or t:ocal approvals before'ptoc'eeding •with the prd)ect; including those required by, but not=ilimited:'to. Sediment and;'Erosion Control, Non ckcharge; Water Supply Watershed, and troutBufPer reguiat do"s: 25 The A6olcar*,4ntl their authorized agents shall conduct all activities n''w-manner'consisteht wltf State water:ouaI", standards "(indudmg any requirements, resulting fri9irt,:compliance• with'•§303(d) of the,Clean Water Act),;and any other"appropriate requirements of5tate and 0ederal„ LaW (f DWR"determines that suchstandards or laws are not ;bemg;inet; indudi"ng failurerto sustatn;a designafed:or achieved useR or that State or Federal taw is being violated;, or that:futther conditions ate necessary"to assure edmpliaoce,'then QWR may revoke or 15AiNCAC 02H 050.7 d nzation assodated with' this General Water quality Certification Ol 1 Page 10,6f li f I GG4175' 2C,The, permittee, shall require its, contractors and/or agents to cornply,with ""the terms: and conditions of this dptem" yn`; the cdnstruction` and" rnaiiitenani:e.4f•this project, and Shall roved -... p .,._', a each of :Its contactors and/or agents assodated with: the' construction or maintenance" of this project with'" a copy of K Certification A copy of this Cert&eatfon, induding all conditions:shall be available at,the projectiske during the, construction and mai[itenanee, oftliA project. MA NCAC OR-0501(c) 49*4$A N,CAG'02Ft .0$06 (b)(2) and, .0011 27. When written authonzat!on is required for use. oft Cerf fiat on,;:upcn completion of=:ail ---_ Pmtdshallimpacts, indudedl within the approval appta and aqy subsequent modifications, the rf' Uired to return:a, certificate; of compietion; (available .on the b m rwebsite: Attbs icloa:deo.ne.sov/Forms/Certifica'te=of-,Comoleiion),[-15A -NCAC 02H .i05.03(f)j `ig. Additional `site-spedfio conditions,, including momtodng andJor modeling requirements, .may""bey"added to the writtertapproval letterfor piojecEs_proposred under this Water Quality. Certification in 'order to_ ensure compliance •with all applicable water quality• and effluent standards WA-NCAC 024.0507(c)) 24."If the property or protect issoid ortransferred,, the new pgrrpi shall be.given a copy of this Certification (and written authorization if appiicable) and fs:responsible for complying; with,all conditions, [i5A NCAC;021i .0501 arid .0502) Ill:: GENERAL _CERTIFICATION '.ADMINISTRATION: 1. in;accordance with North Carolina General Statute 143-2'IS 3b(e);,wriften approval`fgr a. 401 Water Quality General Certification must inciude.the, appropriate:fee . An'applkprit for, a LAMA permit underArtfcle' 7 of•Chapter 113A ofYhe General Statutes for which a"Water 'Quality'fertifieation is ,-required-shaifonly"make one payment to atisfy both agenaes, the fee shall be as esiabljshed by the Secretary in accordance with 143-215,3D(e)(2). 2- Thi's'Certification neither grants ior'affirms any, property, Fighti,license, or privilege in'any waters, -or -,any right of use_in:any'waters. This'Certificatlon:.daes_not,authorirson ze any person to interferewith the rjp I n—,rights, .littoral rights; or.water... use rights of any other persan• and this Urtification does not -Create any prescriptive right:or any right of priority regarding; any usage of water This Certifieation_shall`,noi,be interposed as a defense in;any action" respecting the determination of ripwian-orlittoral rights or other rights to wafer use. No consuniptive user is,deemed.by virtue of this Certification to possess any" prescriptive or other right of priority, with respectto any other Consumptive user regardless,^ of file quantify of thewithdrawaf:or tne,date onwhich fie withdrawal was`initiated orexpanded, 3: this. Certification grants perrrissiort tolhe Director,: an �authoriied: representative of the ,Director; or D_WR staff, upon the presentation of proper. credentials,, fa enter Efiepropeity during normal ,business'hours.-[15A NGAC,d*.0502(dj RECEIVED DCM WILMINGTON, NC aage,tiof'22, FEB 3 2019 G�4175 4: This: General .Certiflcatior . hal I t expire on; the 'same• dayas the expiration "date of ,the correspondir g Natldd*idePermit an'd%dr Regl6iii GeneralARiniti. `The cunditibd0*effec€ on the date af'issuante oBGertificatiott'for a spe"cifia oroject'shalfremain in effect for the life of the, project;.;regardless_ oP the ;expiration date of- this Certification. 7liis General Certification �4-rescindedi when the; Us: Army corps, of Engineers, reauthorizes any, .of the' corresponding Nationwide :Permits and/nr Regional" General harmif4 or, when. deemed; appropriate by the-Directorof the Division of Water Resources. $� Non,comphance�ihharvlalatipnafth�;rondltlurtsliereinsetforthltyespecificprojectAlay� result; -in revocation of this General- Eertification far rile project Ario may a[Sqv result in: criminal and/or civil penalties, 6; The Director of the;_North,CaEotina Division of Water Resources,may 'requiresubmission bf ai formal; application;'for Individual CerfificationFfgr'anyproject in this,category:of" acWkvIf it is deemed lii the;public s best interest at determined that; the projed pis ,likely to have; a sigrifcant-adYerse effett;upon.Wat46quality, iiidudingstate orfederally listed;endangered or threatened aquatic species, ordegrae 6tda Waters "so:tmi existing.;uses of th'e.WateFnr ',downstreanv Waters,ate precitide'd. History Note: Woter'ituatlty Cendkotion-Rat Number 4175'lssued febf..oary. 1; ZOLqXeploces :WQC 4175 issued December 14,. `' qft,, WQC 4144 ssued December 1, 2Q17; WQC 4Q97 issued March 6, 2017; WQC'Ngmber 3900 issued March 19, 2012; WQC Number 3641 and ;3641 tssued March 19-.2007; WQC Numbers '3371 'dnd 3400 Issued March 18r 2002, WQC Number 32741 Issued me 1„ 200 Or WQC.Ntlr ibot 3112 lssue&February' 1.4,1997,"and WQC,Number, 3025, ssued`September61995; , Page 12 of 12' morcoopElt NucHAELs , REGAN S"Way, !!L DA ,,aLPEPPER NORTH CAFtOLINX 414innrarww, Novemb&7� 2018 'DWh *18-1344 Brunswick County - County r- '-1. Town of Oak Island Atrk,,dene Kud'Sus 4.6.01i Ell... Oak, f0ariA 50e, -Oak Island .NC Subject REQUEST Town -AfQak*iRnd--fylaintenancebredgin Pear Me. KUdKps--- Owsept6rnbee,12,2018, the Division of Water.Resources,(MvWon), received your application requesting a Water Quaky.Cerd fitaU66 from the Divislon' for thi!-�abbVd-referi�iited'p�rdli�tt. The, Division has questions ,abou . i the proposed work ,and, ,hasAetermined that, information, is necessaryao: process your 50 t6tion.Thii plication ls,.on-hbtd until al[bfthi foll6wing l6formationA receiVed-il i. P leas eprovide a..140 a,r if agreement from the; K Army. (qrp s of E hgi heigrs (USAGE) aIlow i ng placeMent.of material in,the -USAGE DisposalAeea7.0268' The Division.understandsAhat the applicant intends bbtaih'b consent agreement frorrf the USAGE Kdal5state Mice oridetb: beginning construction; however ihe DMMon can not provide authorization fo r work without the disposal slt&bejng Identified. 2. The apiJlf&nt:hasx"eq"ue'sted -authorization for yezu,4oand chap einavigabon fiIaintenancd and placement 00i ivitie4Including work -during environmental moratorium ,widpws; TheDivislon hafs co oratorium w(ndows. Please authorization cdnflic - fwlth resource agency provide ldtters of agreement ftorh the apor6064(e resources agencies allowingwoik to take place'dunngtfieseinoratorium windows or "revise the application'to I fVt - fiat1he? moratoriums will be complied with'., The LAMA Ma) jjI or permit ypp I I 4tkk9!kpiesthat ,q,prpppsedprojqdis,16caiedin;a National Registered.Hfstoric District or involves a National Registerlisteri eligible property. p ease clari " ,4. The :CAMA,Majorpermit application received Oytlie blvision Was ncitsigneil. Please provideLa, signed page'slo-`the Divisto m I I . RECEIVED D E; NOV 0 9 2018 ECTION WIRO 6,), Was tp$ v j5s4g�d thg '-'� 'I Pi _W911 wffrequike�.rnodlfication to the Cerfificatlowfoieach N ToWh df Oak island Maintenance Dtedgigg Request -for "Additho n-af inf b rm a�fl page 2 df,2? plammen2.ev6nd., irsp6oricIplacement If a401 Certification P. ursuarit toTitfbo 15A,NCACO2H .0WZ(o),'the,appllcant shall fUrnisivall of.the abovairequested '166finAtion f6r-t policatiow Wtiting Withiri 30- calendar,cf#ys�qfr I .,e in ested fogq)a n- ,-M-Cldpi.offfikl her, -.f_rt .fo,the,410'L.&,Buffer Peftnitting,B anch,,3617 MailServIce-CeIr-iter4 Raleigh, NC27699-1617aoit7by re4u6st6d'ori the link its'.6breked6bovel. 'Ifall ofthore uqwdi6fo ( --- -sfo, -- rmg necessitate reapplication appmvafelee; QW119 galenclar dayA-pf recilpf of thisletter;the I be. returned- Theseturn.ofthisprojo wilt Wes,forthic :Plea1s"eI cI-o-poct, pqI Woioski at 410-16746for Paul.Waioski@Yrcdennov ifyqu..have anygq 6,6r x6hc6mg. W a t e r" 4u a I (i y Permitting cc: Miche , e[Hall,VBriq�n $;Gete Engineers, Inc. (vkkeinM), Uz,Hair, 4 Regulatory . - 70rofect a'gq-r, r Cpfps of Engineers VOY p0e (W(!rni (;duriney,-cOi#cs,Ass-istantMai.or,Permits ,.Coordinator ,OCM Chad Qoborr� DWR.W(kO Filenarpe ddlof WAY ROY COOPER Gorenau' '� RECEIVED MICHAEL S. REGAN Se"'I."v SEP 11 2018 BRAXTON DAVIS n.,....... „I t t.mcral Al .... .u,nr.. DOA STATE PROPERTY OFFICE September 7, 2018 TO: Tim Walton Dept of Administration State Property Office FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (a)ncdenr.gov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review See complete submittal at: httos://obrienandpere. sharefile. com/d-dfa 7a4ec872f4a67 Applicant: Town of Oak Island Maintenance Dredging Project Location: 8.7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Folly Inlet, with beneficial dredge material to be placed along the beachfront Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 3, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY- 0 t all _ This a ncy has no objection to the project as proposed. Itional notes may be attached"* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DATE ---11 z ED GCiti WILMINGTON, NC State of Nonh -h I Environmental Quality I Coastal Management SEP 2 7 2018 127 Cardinal Dnve En, Wilmington, NC 28405 919 796 7215 6 oowa� Received: 09/20/2018 ( ) State Historic Preservation Office ROY COOPER I....s MICHAEL S. REGAN ER 13-2552 pn„sr BRAXTON DAVIS OSA previously September 7, 2018 reviewed and cleared. TO: Renee Gledhill-Earty O/V �JC Dept. of Cultural Resources y/2y�� Archives & History I FROM ,AsaisddlillWorPsend Coordinator NC DEQ - MW*m of CosaM M m"wi istt 127 Cardinal Drive Ext., W Im., NC 28" Fax: 910-395-3964 (CWnoww") SUBJECT. LAMA/Dredge & Fill Application Review See complete submittal at httns:/fo4rienandaore sharelis. nwrrtlalfs2s/esBl?1ifaB7 Applicant: Town of Oak island Maintenance Dreallip Project Location: & 7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Fogy Inlet, with beneficial dredge material to be placed along the beachfmnt Please indicate below your agency's position or viewpoint on the proposed project and room al is bairn to Courfney Sows at the address above by October 3, 201& If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY: _ This agency has no objection to the project as proposed. "additional notes may be attached" This agency has no comment on the proposed project. _ This agency approves of the project only d the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. V E D GTON,NC SIGNED U DATE Q /A 7-/% S UP P 2 8 2018 %we aft wcackm w"Mofte� (AaktyICOWAi mwasr WSEP 2 1 2�t8 171 ('.dw Mn V�d. W*Aur+9u.WNW 919 79! 7215 Coats, Heather From: Humphrey, Jeremy Sent: Tuesday, October 16, 2018 5:16 PM To: Coats, Heather Cc: Haines, Andrew Subject: Oak Island Maintenance Dredging - Shellfish Sanitation/Recreational Water Quality comments Hi Heather. Below are our comments on this project. Please let me know if you have any questions. -Jeremy "The proposed project includes a dredging and beach nourishment window of November 16 - April 30. The placement of dredged materials along a swimming beach has the potential to cause a localized increase in bacteria concentrations within the waters surrounding the project. Thus, the placement of these dredged materials along the beach any time after March 31st may necessitate that a swimming advisory be issued, notifying the public of the risks associated with swimming in the area. In conjunction with this swimming advisory, notification signs will be placed throughout the project area. Swimming advisories can be avoided by scheduling these types of projects between November 1st and March 31st of a given year, which falls outside of the swimming season. If any sand placement is to occur prior to November 1st or after March 31st, it is requested that our office be notified immediately by the municipality and/or the dredging contractor so that appropriate public notification can occur." ROY COOPER Go.., ` RECEIVED MICHAEL S. REGAN Secretary SEP 26 2018 BRAXTON DAVIS 4D Director, NORTH NC DOT Division ojConsral Mmngement ! ' ' i 1 1 DISTRICT 3 September 7, 2018 TO: David Harris NC DOT Roadside Environmental Unit FROM: Courtney Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 courtnev.spears (0)Wdenroov Fax: 910-395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review See complete submittal at: httos://obrienandoere. sharefile. com/d-dfa7a4ec872f4a67 Applicant: Town of Oak Island Maintenance Dredging Project Location: 8.7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Folly Inlet, with beneficial dredge material to be placed along the beachfront Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 3, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*additional notes may be attached"* This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 6q �2��1U1�j RECEIVED OCT 0 2 2018 State of North Caroline I Envu c one dal Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM WILMINGTON, NC 919 796 7215 �A'v ROY COOPER (iuvrmor MICHAEL S. REGAN .W."y BRAXTON DAVIS IhRCkN. OMJM nr(Wnal A(mNj1'mCN September 7, 2018 TO 0 NORTH CAROUNA E'rwrmm�enral Ql�nli�r Curt Weychert Fisheries Resource Specialist MHC-DCM FROM: Courtney, Spears, Assistant Major Permits Coordinator NC DEQ - Division of Coastal Management 127 Cardinal Drive Ext. Wilm., NC 28405 courtnev.snears Dncdenraov Fax: 910-395-3964 i6bier 04-3,$ , ) SUBJECT: CAMA/Dredge & Fill Application Review See complete submittal at: httos:/Jobrienandoere. sharefile, corald--d fa 7a4ec872f4a 67 Applicant: Town of Oak Island Maintenance Dredging Project Location: 8.7 miles of oceanfront beach, in the Town of Oak Island, Brunswick Co. Proposed Project: to continue federal navigation maintenance dredging of Lockwoods Folly Inlet, with beneficial dredge material to be placed along the beachfront Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by October 3, 2018. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7245 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "additional notes may be attached"` This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE { vy r ✓ne J - l0 9- l K RECEIVED Store of Narlh Cuolim I EnironmeMal Quality I CaesW Mmiagnnenl DCM WILMINGTON, NC 127 Ca d..W Dn,e Ex,.. WOmingimt HC 28405 919 796 7216 0 C T 1 6 2018 ROY COOPER Gorurm MICHAEL S. REGAN Secretary STEPHEN W.MURPHEY Wean MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator THROUGH: Anne Deaton, DMF Habitat Assessment Coordinator FROM: Curt Weychert, DMF Fisheries Resource Specialist SUBJECT: Town of Oak Island Maintenance Dredging DATE: October 3, 2018 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact'fish and. fish habitats. The town of Oak Island is seeking additional authorization to continue year-round navigation maintenance in Lockwoods Folly Inlet and the Atlantic Intracoastal Waterway (AIWW) crossing and associated beneficial placement on—46,000 linear feet of the Oak Island oceanfront. The associated depths and volumes are as follows: Dimension Lockwoods Folly inlet Length AIWW: 7,700 IL Lockwoods.Folly Inlet: 4,100 ft Width AIWW:90 ft Lockwoods Folly Inlet: 150 R. Aproximate Maintained Navigation Channels (including widener _ —48 acres Average Existing Depth AIWW: -12 ft MLW Lockwoods Folly Inlet -12. IL MLW. Final Allowable Depth AIWW:12+2 fL MLW Lockwoods Folly Inlet..12+2 ftMLW Excavation From Below NHW or NWL in Cubic Yards ical AIWW:100,000 Lockwoods Folly Inlet: 65,000 Previously,.this work wasperformed by the United States Army Corps of Engineers (USAGE).. The Town of Oak Island previously received a CAMA Dredge and Fill Permit #21-15 for the dredging of 278,950 cubic yards of material from Eastern Channel ad beach -compatible material on the West end of Oak Island (60th to 69th Place West). The current proposal seeks to maintain previously authorized depths and footprint.areas authorized to the USACE. The nourishment of Oak Island will directly and indirectlyaffect the shallow intertidal, and surf zone where the beach compatible sand is placed. The beach intertidal zone community is comprised of infaunal burrowers that filter the water and sediments for organic matter; aiding the overall system production. In terms of biomass, mole crabs and coquina clams dominate the infaunal intertidal zone community (Peterson et al, 2000), with polychaete /'Nothing Compares..,_ Stareaft4mhCamtna I DNlsbridMartne Rsherles 3441 Arendell Street I P.0.8oxM I S1orehead Clty,NWth C=11na28557 1 252-726-7021 worms and other infaunal species as well. Mole crabs inhabit the swash zone where they filter feed. Recruitment is year round, with the greatest activity in early summer and fall. The reproductive season ends with recruitment in September (Diaz 1980; Amend and Shanks 1999). In winter, mole crabs move offshore during storm events and return in the spring (Bowman and Dolan 1985). Coquina clams actively move with the tides to maintain the optimum filter feeding position at the water's edge (Ellers 1995), In the fall coquina clams migrate into the subtidal zone. Many beach intertidal zone inhabitants are prey resources for demersal fish and mobile crustaceans, such as pigfish, inshore pinfish, founder, weakfish, red drum, and shrimp (Deaton et al. 2010). As sand covers the existing beach, a temporary mortality event will occur for intertidal fauna, such as mole and ghost crabs, worms and coquina clams. The placement of sand below the mean high water mark could increase turbidity and create a. potential negative impact of the affected habitat for motile surf zone inhabitants such as bluefish, red drum and sea mullet. Placing dredged materials at a nearshore disposal site will create a temporary mortality event for the subtidal fauna, such as clams and worms, and displace.. any demersal finfish. Turbidity would increase and create a potential `temporary aversion of the affected habitat by surf zone residents. This project will also affect the areas of subtidal bottom habitat being dredged for navigation. Greater than 75% of recreationally and commercially important fisheries off the southeastern Atlantic coast have an estuarine component. Spawning for many of these species occurs in the fall to winter along the continental shelf, with larval ingress to nearshore habitats such as the surf zone and through inlets to the estuary. Dredging can cause the resuspension of sediment that will create an increase in turbidity, and resuspension of sediments and toxins. Larvae and juveniles, especially filter feeding species; have a higher sensitivity to turbidity than adults. A moratorium on in -water work, to include dredging, from 1 April to 30 September is recommended to reduce the negative effects on critical fsh life history activities, to include spawning migrations and nursery functions. Additionally, this moratorium will maintain consistency with other permitted dredge and beneficial placement projects along adjacent beaches. Contact Curt Weychert at (252) 808-2808 ext 213 or Curt weychertoncdenngov with further questions or concerns. Nothing Compares State of North Carolina I Division of Marine Fisheries 7441N'endell Street i P.O.Bor760 1 Morehead City. North Carolina 28557 252.726-7Q21 to Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, October 25, 2018 5:54 PM To: Coats, Heather Subject: [External] Town of Oak Island dredging Corps update CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:repo rt.spam@nc.gov> Heather, Wanted to let you know that I spoke with the folks with Navigation today and that they are trying to determine whether or not a Consent Agreement will be required for the proposed use of the upland disposal area. Worst case scenario is if Headquarters says that a Consent Agreement is required, that process is at least a year. They are thinking that it isn't likely, but just wanted to have the discussion so I could relay that information back to you. I should know something by next week. Also, we have initiated the 408 review process with the Civil Works side of the house. I don't know how long that will take, but I am guessing at least 30 days. I just sent a copy of the formal section 7 consultation request to you for your records. I'm not sure how long that will take either. I believe Kathy said the State Programmatic BO for placement will apply here, but again, not sure about the timeline. The upside is that since the applicant proposes to mimic the federal project, we can utilize SARBO and will not need to individually consult with PRD. Let me know if you have any questions. Hope to talk to you soon! Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 DEPARTMENT OF THE ARMY Wilmington District Corps of Engineers Regulatory Division 69 Darlington Avenue Wilmington, North Carolina 28403-1343 October 25, 2018 Wilmington Regulatory Field Office SAW-2018-01897 Mr. Pete Benjamin, Field Supervisor c/o Ms. Kathryn Mathews, Fish and Wildlife Biologist Raleigh Ecological Services Field Office U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, North Carolina 27636-3726 Dear Mr. Benjamin: Reference is made to a Department of the Army permit application submitted by the Town of Oak Island, to conduct maintenance dredging within the waters of the Lockwoods Folly Inlet and the AIW W crossing Tangent 11, with beneficial placement of beach compatible dredged material along 8.7 miles of oceanfront shoreline, including an adjacent nearshore disposal location, and the western oceanfront shoreline of Oak Island, in Brunswick County, North Carolina. The proposed project has been assigned Action ID #SAW-2018-018974. Based on an evaluation of the project's design and location, and additional information (including biological evaluations, environmental reports, and previous consultations), the U.S. Army Corps of Engineers (Corps) has determined that this project may affect, but is not likely to adversely affect the following species protected under the Endangered Species Act (ESA): Common Name Latin Name Listing Critical Habitat (CH) Designated in North Carolina Kemp's Ridley sea Lepidochelys Endangered No turtle kem i Leatherback sea Dermochelys Endangered No turtle coriacea West Indian Trichechus Threatened No manatee manatus Sea beach Amaranthus Threatened No amaranth pumilis Loggerhead sea Caretta caretta Threatened Yes (LOGG-T- turtle NC-07) Green sea turtle Chelonia mydas Threatened No Based on the may affect, not likely to adversely affect determination(s) for those species identified above, the Corps requests your concurrence pursuant to Section 7 of the ESA of 1973, as amended. l i /the -2- scription of the action being considered and a description of the specific area that may be affected by action can be obtained from the attached plans and supporting Biological Assessment. Also, based on an evaluation of the project's design and location, and additional information (including biological evaluations, environmental reports, or other studies), the U.S. Army Corps of Engineers (Corps) has determined that this project may affect, and is likely to adversely affect the following species and their critical habitat protected under the Endangered Species Act (ESA): Common Name Latin Name Listing Critical Habitat (CH) Designated in North Carolina Piping plover Charadrius Threatened Yes (NC-11) meoldus Rufa red knot Calidris canutus Threatened No ru a This may affect, likely to adversely affect determination is based on the nature of the project and its potential to modify the critical habitat. By copy of this letter, we request the initiation of formal consultation, pursuant to 50 C.F.R. part 402.14; and additionally request your concurrence, pursuant to 50 C.F.R. part 402.12, on the findings made in the BA. Your expeditious review and preparation of the Biological Opinion will be appreciated. Furthermore, the Corps has determined that the project would have no effect on the Hawksbill sea turtle Eretmochelys imbricate, or on any other federally listed threatened or endangered species under the USFWS purview, and/or modify their designated critical habitat. If you have any questions regarding this letter, please contact Ms. Liz Hair at the letterhead address, by telephone at 910-251-4049 by fax at 910-251-4025, or by email at: Sarah.e.hair@usace.army.mil. Sincerely, I Digitally signed by REUSCH.ERIC.GEO1 NDSCH5fl1GSDR6E'2900 3M overnment RGE.1290053966�„.Ea��Eoa�E„96655966 // Date: 2018.10.2516:4539-04'00' Eric G. Reusch Chief, Wilmington Regulatory Field Office US Army Corps of Engineers Enclosures: Project plans Biological assessment Copy Furnished (without enclosures): DWR, Wilmington/Raleigh DCM, Wilmington/Raleigh Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Wednesday, October 24, 2018 1:00 PM To: Amette, Justin R CIV USARMY CESAW (US); Huggett, Doug; ethan coble; Fritz; HORTON, J TODD CIV USARMY CESAW (US); kathryn_matthews@fws.gov; leigh mann; matt creelman; DCR - Environmental_Review; Owens, Jennifer L CIV USARMY CESAW (US); pace wilbur, pete benjamin; scott.d.mcaloon, Bowers, Todd; Twyla Cheatwood; John; MacPherson, Tara; Coburn, Chad; Coats, Heather Cc: Beecher, Gary H CIV USARMY CESAW (US) Subject: [External) CAMA Major/GP 291/ SAW-2018-01897?Town of Oak Island maintenance dredge Attachments: SAW-2018-01897_Town of Oak Island -Maintenance dredge_ePN-signed.pdf, DCM app and bioreport.pdf, project location map.pdf; Lockwoods Folly Inlet.kmz; EFH Assessment.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> All Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by November 23, 2018. The Town of Oak Island is requesting a CAMA Major Permit to conduct maintenance dredging within the. Lockwoods Folly River and AIWW for navigation with associated beneficial placement of dredged material. Attached please find the DCM Bio Report and application for the subject project. Also attached is a map of the proposed dredge and disposal locations. The applicant proposes to mimic the depths and dimensions of the federally -authorized navigation project. Please note that the Town of Oak Island was not included in the suite of permits authorized as a part of the SDI-5 projects in late 2015/2016. Dredging of the Lockwoods Folly Inlet and AIWW was authorized under the previous action for the Town of Holden Beach, Corps Action ID: SAW-2014-02007. Consultations were completed under this action, however did not include the placement of dredged material along Oak Island. Below are the Corps initial determinations: EFH: 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 affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The applicant has provided an EFH assessment and conservation measures to limit impacts on EFH and confine the impacts to short-term, localized effects. This documentation is provided in the EFH assessment (attached). ESA: USFWS: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Piping Plover and Red Knot: The project area includes designated wintering habitat for piping plover and likely habitat for Rufa red knot (no critical habitat yet designated). The Corps has determined that the project area may affect, likely to adversely affect piping plover critical habitat, and rufa red knot individuals, therefore formal consultation for piping plover critical habitat and rufa red knot will be requested. SeaBeach Amaranth: Formal consultation will be requested based on the likelihood of disposal operations to adversely affect individuals and habitat. Sea Turtles: The applicant has initially proposed to conduct all nourishment operations within the construction window for turtles to avoid nesting.and hatching seasons. Based on these considerations and the conservation measures proposed and potential beneficial effects of the nourishment portion, the Corps has determined that the project may affect, not likely to adversely affect sea turtles. Manatee: Based. on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The updated BA will be included in the consultation request to the US FWS. For species subject to the NMFS PRD purview: We believe this activity is covered by SARBO, and the Corps intends to make compliance with the terms and conditions of the South Atlantic Regional Biological Opinion (SARBO) a condition of the permit. Cultural Resources: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer latest published version of the National Register of Historic Places and initially determines that there may be historic properties, and/or properties eligible for inclusion in the National Register, present within the Corps' permit area: The applicant has provided a review of previously conducted cultural resource surveys, reports, and SHPO coordination letters and the Corps has determined that the projects as proposes will result in no effect to the cultural resources provided that the proposed work occurs in the authorized channels. The Proposed Action is maintenance dredging that has been ongoing since the early 1980's (or earlier), and the dredge material will be disposed of in previously authorized/used disposal sites. Identified shipwrecks will be avoided by dredging activities, and nearshore disposal will improve preservation if burial occurs. Section 408: Section 408 Coordination will be completed as required through the appropriate business lines. Please contact me if you have any questions. Please provide comments as soon as you can or November 23, 2018. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 :1 DEPARTMENT OF THE ARMY, WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 26, 2019 Regulatory Division Action ID No. SAW-2018-01897/Town of Oak Island/Shallow Draft Inlet maintenance dredge (Lockwoods Folly Inlet) Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the Town of Oak Island., c/o Mr. David Kelly, to perform maintenance dredging within waters of the Lockwoods Folly Inlet, and place dredged material along 8.7 miles of beachfront, and nearshore disposal in and adjacent to the Atlantic Ocean, at Oak Island, in Brunswick County, North Carolina. The Federal agencies have completed review of the proposal as presented by the, application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this. permit. Any modification to these plans must be approved by the U.S. Army Corps of Engineers (USAGE) prior to implementation. 2. Dredging activities authorized by this permit shall not in any way interfere with the operations of the Corps' civil works dredging and navigation projects. 3. The permittee shall require, its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents_ associated with the construction or maintenance RECEIVEf this DCM WILMINGTON, NO FEB 262019 -2- project with a copy of this permit. A copy of this permit, including all conditions, shall also be available at the project site during construction and maintenance of this project. 4. Except as authorized by this permit, or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time during the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time during the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 791- 4200, and the North Carolina Emergency Management Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The permittee shall advise the Wilmington District, Regulatory Division in writing at least 30 days prior to. beginning the work authorized by this permit. The contractor's name, phone number; and address, including any inspectors contact name and phone number must be provided to the Wilmington District prior to any work. 8. A pre -construction meeting must be held with Wilmington District, Regulatory Division prior to conducting the work to ensure the contractor fully understands the conditions of this permit. Meeting participants may include, .but are not limited to, representatives from the Corps Navigation Division, N.C. Division of Coastal Management, N.C. Division of Water Resources, N.C. Wildlife Resource Commission, and U.S. Coast Guard. 9. The. permittee shall employ all sedimentation and erosion control measures necessary to prevent an. -increase in sedimentation or turbidity within waters and wetlands outside the permit area. ;Additionally, the project must remain in. full compliance with all aspects of the Sedimentation. Pollution.Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 10; Violation.'s of, these conditiohs.orViolations of Section 404 of the Clean Water Act or Section - °. 1Orof the!Rivers-and Harbors Act?must be reported in writing to the Wilmington Regulatory -3- Field Office, Attn: Mr. Tyler Crumbley, Wilmington District U.S. Army Corps of Engineers, 69 Darlington Avenue, Wilmington, NC 28403 within 24 hours of the permittee's discovery of the violation. 11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 12. The permittee shall coordinate the placement of all dredge pipelines along the beach with the N.C. Wildlife Resources Commission. 13. Prior to the commencement of construction of the authorized dredging or other work within the right-of-way of, or in proximity to, a federally maintained navigation channel, the permittee shall obtain all necessary Consents to cross Government Easement from the Corps' Real Estate Division. The Real, Estate Division may be contacted at: CESAS-RE MC, 69 Darlington Avenue, Wilmington North Carolina 28403-1343, tel. 910-251-4474. 14. Activities proposed within the Corps Easements for use of Disposal Areas may require approval prior to construction. Prior to commencing work associated with improvements or disposal on any designated Disposal Area, the permittee shall coordinate with the Corps of Engineers, Real Estate Division for any approvals needed to perform work within the Corps easement. The Real Estate Division may be contacted at: CESAS-RE-MC; 69 Darlington Avenue. 15. If submerged cultural resources are encountered during the operation, the permittee shall immediately notify the Corps so that coordination can be initiated with the Underwater Archeology Unit (UAU) of the Department of Cultural Resources. I& In issuing this permit, the Federal Government does not assume any liability for: a) Damages to the permitted project or uses thereof as a result of other permitted or, unpermitted activities or from natural causes; b) Damages to the permitted project or uses thereof as a result of current or future Federal activities initiated on behalf of the general public; c) Damages to other permitted or unpermitted activities or structures caused by the authorized activity; d) Design and construction deficiencies associated with the permitted work; e) Damage claimsassociated with any future modification, suspension, or revocation '.;of this permit. 17.The permittee understands and agrees that, if future operations by the United States require the removal, -relocation, or other alteration, of the structure or work herein :.; -authorized, or if, in the opinion of the Secretary:of.the Army, or his authorized. representative, said structure or.work shall cause unreasonable obstruch9e6,90ffb DCM WILMINGTON, NC FEB 2 6 2019 GS navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. 18.The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two (2) weeks prior to beginning work and upon completion of work: 19. The authorized project must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 20. To address concerns from the United States Coast Guard: The following information must be provided 10 days prior to dredge operations commencing: ANY DREDGING OR OTHER OPERATIONAL ACTIVITY THAT IMPACTS THE SAFE NAVIGATION ON FEDERAL WATERWAYS. 1. DATES (INCLUSIVE) OF OPERATION. 2. HOURS OF OPERATION (24 HOURS/DAYLIGHT HOURS ONLY). 3. NAMES OF THE INVOLVED VESSEL(S). 4. WORKING AND STANDBY FREQUENCIES. 5. SPECIFIC LOCATION (MILE MARKER/CHANNEL). 6. ANY SPECIFIC INSTRUCTIONS OR CONCERNS THAT WOULD BE PERTINENT TO THE MARINER. (NOTE: WE CAN ONLY PROVIDE INFORMATION. WE CANNOT DIRECT THE MOVEMENTS OF VESSELS. WE URGE THE MARINER TO ADHERE TO THE REQUESTED ACTIONS.) Submit the information to: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR EMAIL NCmarineeventseuscq.mil 21. Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30 days' notice is requested. The request will be sent to the Coast Guard District Five Office at: -5- USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR EMAIL CGD5Waterways@uscg.mil 22. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at telephone, (910) 772-2200. TERMS AND CONDITIONS OF USFWS BIOLOGICAL OPINION In order to comply with the State Programmatic Biological Opinion for sand placement, the applicant agrees that the proposed dredge area will follow deep water, and that there will be no dredging of intertidal shoals. These terms and conditions are non - discretionary. Unless addressed specifically below, the terms and conditions are applicable for the maintenance dredging and placement of sand for each project, for the life of each permit. Terms and Conditions — All Species 23. For the life of the permit, all sand placement activities above MHW must be conducted within the winter work window (November 16 to April 30), unless necessitated by an emergency condition and allowed after consultation with the Service. 24. Prior to sand placement, all derelict material, large amounts of rock, or other debris must be removed from the beach to the maximum extent possible. 25. Conservation Measures included in the permit applications/project plans must be implemented in the proposed project. If a Reasonable and Prudent Measure (RPM) and Term and Condition address the same requirement, the requirements of the RPM and Term and Condition take precedent over the Conservation Measure. 26. Predator -proof trash receptacles must be installed and maintained during construction at all beach access points used for the project construction and any maintenance events, to minimize the potential for attracting predators of piping plovers, red knots, and sea turtles. All contractors conducting the work must provide predator -proof trash receptacles for the construction workers. All contractors and their employees must be RECEIVED DCM WILMIN&ON, NC FEB 2' 6 2019 W briefed on the importance of not littering and keeping the Action Area free of trash and debris. See the Appendix for examples of suitable receptacles. 27. Pipeline placement must be coordinated with NCDCM, the Corps, the Service's Raleigh Field Office, and the NCWRC. 28. Access points for construction vehicles should be as close to the project site as possible. Construction vehicle travel down the beach should be limited to the maximum extent possible. Terms and Conditions — Piping Plovers and Red Knots 29. All personnel involved in the construction or sand placement process along the beach shall be aware of the potential presence of piping plovers and red knots. Before start of work each morning, a visual survey must be conducted in the area of work for that day, to determine if piping plovers and red knots are present. Construction operations shall not begin until individual piping plovers or red knots have exited the work are for the day. Terms and Conditions — Sea Turtles 30. Only beach compatible fill shall be placed on the beach or in any associated dune system. Beach compatible fill must be sand that is similar to a native beach in the vicinity of the site that has not been affected. by prior sand placement activity. Beach compatible fill must be sand comprised solely of natural sediment and shell material, containing no construction debris, toxic material, large amounts of rock, or other foreign matter. The beach compatible fill must be similar in both color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the native material in the Action Area. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. In general, fill material that meets the requirements of the North Carolina Technical Standards for Beach Fill (15A NCAC 07H .0312) is considered compatible. 31. During dredging operations, material placed on the beach shall be inspected daily to ensure'compatibility. If the inspection process finds that non -beach compatible material, including large amounts of shell or rock exceeding the state sediment criteria (15A NCAC 07H .0312), is or has been placed on the beach, all work shall stop immediately, and the NCDCM and the Corps will be notified by the permittee and/or its contractors to determine the appropriate plan of action. -7- 32. Sea turtle nesting surveys must be conducted within the project area between May 1 and November 15 of each year, for at least two consecutive nesting seasons after completion of sand placement (2 years post -construction monitoring). Acquisition of readily available sea turtle nesting data from qualified sources (volunteer organizations, other agencies, etc.) is acceptable. However, in the event that data from other sources cannot be acquired, the permittee will be responsible to collect the data. Data collected by the permittee for each nest should include, at a minimum, the information in the table, below. This information will be provided to the Raleigh Field Office in the annual report, and will be used to periodically assess the cumulative effects of these projects on sea turtle nesting and hatchling production and monitor suitability of post construction beaches for nesting. Please see REPORTING REQUIREMENTS, below. Parameter Measurement Variable Number of Visual Assessment Number/location of false crawls in nourished False Crawls of all false crawls areas; any interaction of turtles with obstructions, such as sand bags or scarps, should be noted. False Crawl Categorization of Number in each of the following categories: Type the stage at which a) Emergence - no digging; nesting was b) Preliminary body pit; abandoned c) Abandoned egg chamber. Nests Number The number of sea turtle nests in nourished areas should be noted. If possible, the location of all sea turtle nests should be marked on a project map, and approximate distance to scarps or sandbags measured in meters. Any abnormal cavity morphologies should be reported as well as whether turtle touched sandbags or scarps during nest excavation. Nests Lost Nests The. number of nests lost to inundation or erosion or the number with lost markers. RECEIVED. DCM WILMINGTON, NC FEB 2 6 A19 Nests Relocated nests The number of nests relocated and a map of the relocation area(s). The number of successfully hatched eggs per relocated nest. Lighting Disoriented sea The number of disoriented hatchlings and Impacts turtles adults. 33. Visual surveys for escarpments along the Action Area must be made immediately after completion of sand placement, and within 30 days prior to May 1, for two subsequent . years after any construction or sand placement event. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet must be leveled and the beach profile must be reconfigured to minimize scarp formation by the dates listed above. Any escarpment removal must be reported by location. The Service must be contacted immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet occurs during the nesting and hatching season to determine the appropriate action to be taken. If it is determined that escarpment leveling is required during the nesting or hatching season, the Service or NCWRC will provide a brief written authorization within 30 days that describes methods to be used to reduce the likelihood of impacting existing nests. An annual summary of escarpment surveys and actions taken must be submitted to the Service's Raleigh Field Office. 34. Sand compaction must be evaluated at least twice after each sand placement event, once in the project area immediately after completion of any sand placement event and once after project completion between October 1 and May 1. Out -year compaction inspections and remediation are not required if the placed material no longer remains on the dry beach. Within 7 days of completion of sand placement and prior to any tilling (if needed), a field meeting shall be held with the Service, NCWRC, and the Corps to inspect the project area for compaction and determine whether tilling is needed. a. If tilling is needed, the area must be tilled to a depth of 36 inches. All tilling activities shall be completed prior to May 1 of any year. b. Tilling must occur landward of the wrack line and avoid all vegetated areas that are 3 square feet or greater, with a 3-foot buffer around all vegetation. c. If tilling occurs during the shorebird nesting season (after April 1), shorebird surveys are required prior to tilling per the Migratory Bird Treaty Act. d. A summary of the compaction assessments and the actions taken shall be included in the annual report to NCDCM, the Corps, and the Service's Raleigh Field Office. r, IM e. These conditions will be evaluated and may be modified if necessary to address and identify sand compaction problems. 35. Manatee. Guidelines: In. order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manateeguidelines.pdf. 36. A report describing the fate of sea turtle nests and hatchlings and any actions taken, must be submitted to the Raleigh Field Office following completion of the proposed work for each year when a sand placement activity has occurred. Please see REPORTING REQUIREMENTS, below. REPORTING REQUIREMENTS An annual report detailing the monitoring and survey data collected during the preceding year (required in the above Terms and Conditions) and summarizing all piping plover, red knot, and sea turtle data must be provided to the Raleigh Field Office by January 31 of each year for review and comment. In addition, any information or data related to a conservation measure or recommendation that is implemented should be included in .the annual report. The contact for these reporting requirements is: Pete Benjamin, Supervisor Raleigh Field Office U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 (919) 856-4520 Upon locating a dead, injured, or sick individual of an endangered or threatened species, initial notification must be made to the Service's Law Enforcement Office below. Additional notification must be made to the Raleigh Ecological Services Field Office identified above and to the NCWRC at (252) 241-7367. Care should be taken in handling sick or injured individuals and in the preservation of specimens in the best possible state for later analysis of cause of RECEIVED DCM WILMINGTON, NC FEB 2 6 2019 -10- death or injury. Jason Keith U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 (919) 856-4786, extension 34 ESSENTIAL FISH HABITAT 37. Based on consultation with the Habitat Conservation Division of NOAA NMFS, Lockwoods Folly Inlet (SAW-2014-02007) is subject to the following condition: To the extent practicable, dredging will be from November 16 to April 30. HOPPER DREDGING NMFS (SARBO) 38. Permittee Use of SARBO. a. Hopper dredging is being approved under the South Atlantic Regional Biological Opinion (SARBO) dated 1997, which can be viewed on the ODESS web site at the following link: ttps:/1dgm.usacearmFm—W6dess!#/technicallhfg. If the U.S. Army Corps of Engineers, Wilmington District is contracted to perform the work and utilizes the vessels MERRITT, CURRITUCK, or MURDEN, these dredge plants shall be subject to the attached supplemental consultation to the SARBO (dated 9 March 1999) which stipulates the equipmentloperational standards of the SAW Shallow Draft Dredging Fleet. b. The SARBO includes an Incidental Take Statement (ITS) issued to the Corps. Under the SARBO/ITS, incidental takes are authorized on a Fiscal Year (FY) (October 1 - September 30) basis to be meted out by the Division Commander, South Atlantic Division, U.S. Army Corps of Engineers for the southeastern United States for Corps civil and military projects. The Permittee is hereby advised to avoid any incidental take, in that such take may trigger the cessation of hopper dredging for the remainder of that FY. The Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the SARBO/ITS, incidental take -11- by the Permittee may require suspension of the permit by the Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, shall be determined at the discretion of the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, that no claim, legal action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a result of such suspension or related action. c. The Permittee shall immediately notify the Corps Regulatory Project Manager that an incidental take has occurred:. The Regulatory Project Manager responsible for this project is Ms..Liz Hair, who may be contacted at the Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington NC 28403, and by telephone at (910) 251-4049, or e-mail sarah.e.hair@usace.army.mil. Dredging operations shall immediately cease upon incidental take of any sea turtle species or Atlantic Sturgeon, which is not covered under the SARBO but is addressed in a 7(a)(2)17(d) letter, until the District Commander, or his designee, notifies the Permittee to resume dredging. The Sea Turtle or Atlantic sturgeon incidental take data form will be filled out by the Observer within 6 hours of the take event and e-mailed in pdf format to takereport.nmfsser@noaa.gov and the Regulatory Project Manager. In accordance with the RBO, all hopper dredges shall have an Observer on board who meets the guidelines as established on the website listed in Special Condition 46 below. 39. Pre -Dredging Submittals. a. No dredging shall be performed by a hopper dredge without the inclusion of a rigid sea turtle deflector device. The Permittee shall electronically submit drawings to the Regulatory Project Manager prior to commencement of dredging, showing the proposed device and its attachment. These drawings shall include the approach angle for any and all depths to be dredged during the dredging. The Permittee shall not commence hopper dredging until approval of the sea turtle deflector device has been granted by the Corps. b. The Permittee shall electronically submit detailed drawings showing the proposed drag head grating system(s) and drag head(s), and documentation that supports grate sizing such as dredge pump manufacturer's recommended maximum particle size dimension(s), etc. c. The Permittee shall electronically submit an operational plan to achieve protection of sea turtles during the hopper dredging operation. These operational procedures are . intended to stress the importance of balancing the suction pipe densities and velocities -12- in order to keep from taking sea turtles. d. During turning operations the pumps must either be shut off or reduced in speed to the point where no suction velocity or vacuum exists. No dredging work shall be allowed to commence until approval of the turtle deflector device has been granted by the U.S. Army Corps of Engineers, Wilmington District. Sample Turtle Deflector Design Details are available on the website listed in Special Condition 46. A copy of the approved drawings and calculations shall be available on the vessel during dredging operations. 40. Pre -Dredging Inspection. Within 3 days from the date of initiating the authorized work, the Permittee shall provide to the Corps, the completed Hopper Dredge Startup Inspection Checklist form with a written notification of the date of commencement of work authorized by this permit. An inspection of the hopper dredge will be scheduled and performed by the Wilmington District inspector after receipt of the notification of commencement. Inspection checklists are located on the website listed in Special Condition 46 below. 41. Hopper Dredge Equipment. Hopper dredge drag heads shall be equipped with sea turtle deflectors which are rigidly attached. Deflectors shall be solid with no openings in the face. No dredging shall be performed by a hopper dredge without an installed turtle deflector device approved by the District inspector. Sample Turtle Deflector Design Details are on the web site indicated in Special Condition number 46 below. a. Deflector Design. (1) The leading V-shaped portion of the deflector shall have an included angle of less than 90 degrees. Internal reinforcement shall be installed in the deflector to prevent structural failure of the device. The leading edge of the deflector shall be designed to have a plowing effect of at least 6 inches in depth when the drag head is being operated. Appropriate instrumentation or indicator shall be used and kept in.proper calibration to insure the critical "approach angle." (Information Only Note: The design "approach angle", or the angle of lower drag head pipe relative to the average sediment plane, is very important to the proper operation of a deflector. If the lower drag head pipe angle in actual dredging conditions varies tremendously from the design angle of approach used in the development of the deflector, the 6-inch plowing effect does not occur. Therefore, every effort should be made to insure this design "approach angle" is maintained with the lower drag pipe.) (2) If adjustable depth deflectors are installed, they shall be solidly attached to the drag head using either a hinged aft attachment point or an aft trunnion attachment point in association with an adjustable pin front attachment point or cable front attachment point with a stop set to obtain the 6-inch plowing effect. This arrangement allows fine-tuning 1311192 the 6-inch-plowing effect for varying depths. After the deflector is properly adjusted there shall be no openings between the deflector and the drag head that are more than 4-inches by 4-inches. b. In -flow Baskets and overflow screening (1) The Permittee shall ensure that baskets or screening are installed over the hopper inflow(s)and overflow (s) with no greater than 4-inch by 4-inch openings. The. method selected shall depend on the construction of the dredge used and shall be approved by the District inspector prior to commencement of dredging. The screening shall provide 100% screening of the hopper inflow(s) and overflow(s). The screens and/or baskets shall remain in'place throughout the performance of the work. The turtle deflector device and inflow/overflow screens shall be maintained in operational condition for the entire dredging operation. If during dredging operations, the Permittee cannot meet the requirements of the inflow and overflow screening, the Regulatory Project Manager shall be contacted immediately. (2) The Permittee shall install and maintain floodlights suitable for illumination of the baskets or screening to allow the Observer to safely monitor the hopper baskets or screening during non -daylight hours or other periods of poor visibility. Safe access shall be provided to the inflow and overflow baskets or screens to allow the Observer to inspect for turtles and Atlantic sturgeons, or parts thereof, clean the baskets or screens for the next loading cycle, and document any screening deficiencies. During periods of time when observers are performing inspections of inflow and overflow baskets or screening, proper lockout/tag out procedures and fall protection shall be implemented. c. Drag head grating. (1) Drag head grating may be used to prevent over -sized objects (relative to respective pump and distribution system designs) from reaching and becoming lodged or damaging, the dredge pump and/or slurry distribution system. The Permittee may not use a drag head grating system that would prevent turtle remains from entering the hopper inflow screening. Detailed drawings showing the proposed drag head grating system(s) and drag head(s), and documentation that supports grate sizing (such as dredge pump manufacturer's recommended maximum particle size dimension(s), etc.) shall be submitted. No dredging shall begin until the District inspector has approved all grating and screening. 42. Hopper Dredge Operation. a. The Permittee shall operate the hopper dredge to minimize the possibility of taking sea turtles or sturgeon and to.comply with the requirements stated in the Incidental Take Statement provided by the NMFS in its SARBO. RECEIVED DCM WILMINGTON, NC FEB 2 6 2019 -14- b. The turtle deflector device and inflow/overflow screens shall be maintained in operational condition for the entire dredging operation. c. When initiating dredging, suction through the drag heads shall be allowed just long enough to prime the pumps, and then the drag heads must be placed firmly on the bottom. When lifting the.drag heads from the bottom, suction through the drag heads shall be allowed just long enough to clear the lines, and then must cease. Pumping water through the drag heads shall cease while maneuvering or during travel to/from the disposal area. If the required dredging section includes compacted fine sands or stiff clays, a properly configured arrangement of teeth may enhance dredge efficiency, which reduces total dredging hours, and turtle takes. The operation of a drag head with teeth must be monitored for each dredged section to insure that excessive material is not forced into the suction line. When excess high - density material enters the suction line, suction velocities drop to extremely low levels causing conditions for, plugging of the suction pipe. Dredge operators should configure and operate their equipment to eliminate all low-level suction velocities. Pipe plugging in the past was easily corrected, when low suction velocities occurred, by raising the drag head off the bottom until the suction velocities increased to an appropriate level. Pipe plugging cannot be corrected by raising the drag head off the bottom. Arrangements of teeth and/or the reconfiguration of teeth should be made during the dredging process to optimize the suction velocities. d. Raising the drag head off the bottom to increase suction velocities is not acceptable. The primary adjustment for providing additional mixing water to the suction line should be through water ports. To insure that suction velocities do not drop below appropriate levels, the Permittee shall monitor production meters throughout the job and adjust primarily the number and opening sizes of water ports. Water port openings on top of the drag head or on raised standpipes above the drag head shall be screened before they are utilized on the dredging project., If a dredge section includes sandy shoals on one end of a tract line and mud sediments on the other end of the tract line, the equipment shall be adjusted to eliminate drag head pick-ups to clear the suction line. e. The drag head shall be buried a minimum of 6 inches in the sediment at all times to maintain drag head efficacy in reducing incidental takes. Maximum borrow area dredge depths identified in the attached plans shall not be exceeded to achieve this effective plowing depth. f. During turning operations the pumps must either be shut off or reduced in speed to the point where, no suction velocity or vacuum exists. 43. Dredging Quality Management. Dredging and dredged material disposal and monitoring -15- of dredging projects using the Dredging Quality Management (DQM) system shall be implemented for this DA permit. The Permittee shall ensure that each hopper dredge assigned to the work authorized by this DA permit is equipped with DQM, previously known as 'Silent Inspector', for hopper dredge monitoring. The Permittee's DQM system must have been certified by the DQM Support Team within one calendar year prior to the initiation of the dredging/disposal. Questions regarding certification should be addressed to the DQM Support Center at 251-690-3011. Additional information about the'DQM System can be found,at sltl m,us ce.arm mi'. The Permittee is responsible for insuring that the DQM system is operational throughout the dredging and disposal project and that project data are submitted to the DQM National Support Center in accordance with the specifications provided at the aforementioned website. The permittee shall contact the National Dredging Quality Management (DQM) program t s /.d m.usace eirm .mil to assure that project -information is loaded and data is being appropriately transferred prior to project commencement. 44. Sea Turtle Non-Capture_Trawl Sweeping. In order to minimize or reduce taking of turtles during dredging, non -capture trawling may be required if the Corps determines that it is necessary to reduce entrainment risk. This type of trawling is designed to use non -capture type trawling equipment to sweep in the proximity of the dredging operations in order to stimulate sea turtles to move out of the dredge path. No sea turtles will be captured. using this trawling technique. Non -capture trawl sweeping may be performed 48 hours prior to initiating dredging and may continue throughout dredging operations. Conduct non -capture trawl sweeping operations in the vicinity of dredge operations, but maintain a safe distance from the dredge. Trawl equipment used (e.g. trawling nets) and trawl sweeping operations shall be conducted such that no sea turtles or other marine organism by -catch are captured. As much as possible, non -capture trawl sweeping shall be conducted to maximize the amount of time during each24-hour trawl day that the trawl equipment (e.g. trawling nets) sweeps the bottom sediment in the vicinity of the dredging operation (i.e. maximize the bottom time with the trawling equipment). Such trawling in the vicinity of the dredge shall, be conducted continuously, stopping after every 4 to 6 hours to check the condition of the trawl equipment and assure that no turtles have been captured. a. Non -capture Trawl Sweeping Period. Non -capture trawl sweeping shall be conducted as described below: (1) A day of non -capture trawl sweeping shall be defined as 24 hours of continuous trawling. (2) Non -capture trawl sweeping may be conducted as 24-hours of trawling as a continuous trawl; however, two separate crews must be available on board to work two 12-hour shifts. b. Turtle Handling and Endangered Species Permits. No sea turtles are to be intentionally captured during non -capture trawl sweeping operations. No endangered ss �l�stwits to DCUI Wii MINGTO^ ! 1 v FEB 262019 -16- handle sea turtles are required for non -capture trawl sweeping. Should a sea turtle become entangled in the trawling nets; the nearest marine facility must be notified for arrangements to be made to transfer the animal as needed. c. Reporting. A daily log will be kept for each non -capture trawl sweeping operations. The non -capture trawl sweeping log will be submitted to the Regulatory Project Manager at the completion of the project. Data to be included with this log daily will include: (1) GIS coordinate of trawl locations at the start and end of each sweep. (2) Times recorded for the duration of each trawl sweep. (3) Description of dredge proximity during each sweep. (4) General notes as appropriate (e.g. condition of equipment at the end of each sweep, snags occurring during each sweep, incidental debris, etc.). (5) Water Quality and Physical Measurements: Water temperature measurements shall be taken at the water surface each day using a laboratory thermometer. Weather conditions shall be recorded from visual observations and instruments on the trawler. Weather conditions, air temperature, wind velocity and direction, high and low tides, sea state -wave height, and precipitation shall be recorded on the Trawling Form on the web site indicated in Special Condition 46 below. a. Non -Capture Trawl Sweeping Equipment: To reduce the chances of sea turtles becoming entangled and caught in the net webbing during non -capture trawl sweeping, the Contractor shall use standard flat -style shrimp trawling nets. Nets shall have one to two-inch webbing holes, the webbing should be made of nylon material (preferably dipped.) The bag end of these nets shall be completely cut out so that the nets remaining on the rigging are approximately 30 to 50-feet long. The nets shall be long enough to provide a trailing length of net in the water to "stimulate turtles" to move but not be long enough to be able to twist when: 1) being pulled in the water; 2) being pulled up and onto the deck; 3) the vessel is stationary; or 4) the trawl vessel turns while trawling. This net length may be shorter or longer depending on the specific configurations of the trawler and its rigging, but must be set up to specifically prevent the twisting of the net. The nets should be installed and adjusted such that organisms are not being collected (turtles and other by -catch). 2. The bag end of the nets shall be cut away to create a large open end on the nets. -17- The webbing shall be monitored so that tears and rips do not occur in the remaining webbing that might entangle and capture organisms (particularly turtles). 3. To ensure that the lead line and mouth of the trawl nets maintain contact with the seafloor as best as possible,. the lead line of each net shall be rigged with weights, mud rollers, tickler chains and/or trawling cookies (as appropriate for the environmental conditions and sediment type). For the first 48 hours after beginning non -capture trawling operations, pull and check the nets every hour to evaluate and document the: a. Status of the nets (particularly twisting of the tail end) b. Net contents (turtles and other by catch) and, after the first 48-hours and appropriate net configuration has been established, gradually increase trawling times to a maximum of 2-3-hours. e. Trawler Equipment Breakdown: Should there be a breakdown of trawler equipment that would cause the trawler to leave the area where dredging is underway during any period of time when non -capture trawl sweeping is required, the dredge may continue to operate for up to 48 hours, as long as no turtles are taken, and subject to the discretion of the Regulatory Project Manager. Should there be dangerously high seas that would cause the trawler to leave the dredging area when non -capture trawl sweeping is required, the dredge may continue to operate, as long as no turtles are taken; subject to the discretion of the Project Manager. 45. Endangered Species Observers: During dredging operations, observers approved by the NMFS for sea turtles, Atlantic sturgeon and whales shall be aboard to monitor for the presence of the species. Observer coverage shall be 100 percent (24hr/day) and shall be conducted year round. During transit to and from the disposal area, the observer shall monitor from the bridge during daylight hours for the presence of endangered species, especially the Northern right whale, during the period December through March. Records shall be kept of the date, time, -and approximate location of all marine mammal sightings. Care shall be taken not to closely approach any whales or,manatees observed during dredging. The observer shall serve as a lookout to alert the vessel pilot of the occurrence of these animals. If any are observed, collisions shall be avoided either through reduced vessel speed, course alteration, or both. During the evening hours, when there is limited visibility due to fog, or when there are sea states of greater than Beaufort 3, the dredge must slow down to 5 knots or less when transiting between areas if whales have been spotted within 15 nm of the vessel's path within 24 previous hours. If a right whale is sighted, the dredge operator shall maintain a 500-yard buffer DCM WILMINGTON, NO FEB 262019 M between the vessel and any whale. During dredging operations, while drag heads are submerged, the observer shall continuously monitor the inflow and/or overflow screening for turtles and/or turtle parts and Atlantic sturgeon and/or Atlantic sturgeon parts. Upon completion of each load cycle, drag heads should be monitored as the drag head is lifted from the sea surface and is placed on the saddle in order to assure that sea turtles that may be impinged within drag head are not lost and un-accounted for. Observers shall physically inspect drag heads and inflow and overflow screening/boxes for threatened and endangered species take. Other abiotic and biotic debris found in the screens during their examination for sea turtle or sturgeon parts shall be recorded and then disposed of so as not to impede the functioning of the screens during the next load cycle. a. Monitoring Reports. The results of the monitoring shall be recorded on the appropriate observation sheets. There is a sheet for each load, a daily summary sheet, and a weekly summary sheet. In addition, there will be a post dredging summary sheet. Observations sheets will be completed regardless of whether any takes of Atlantic sturgeon, whales, or sea turtles occur. In the event of any sea turtle or Atlantic Sturgeon take by the dredge, appropriate incident reporting forms shall be completed. Additionally, all specimens shall be photographed with a digital camera. These photographs shall be attached to respective reports for documentation. Dredging of subsequent loads shall not commence until all appropriate reports are completed from the previous dredging load to ensure completeness and thoroughness of documentation associated with the incidental take. Reports shall be submitted to the Corps within 24-hours of the take. Copies of the forms must be legible. Observer forms may be accessed on the web site indicated in Special Condition 46 below. b. Endangered Species Observer(s). A list of endangered species observer -biologists (ESOs) that have been NMFS-approved to monitor threatened/endangered species takes by hopper dredges can be obtained by contacting NOAA Fisheries' Southeast Region,. Protected Resources Division. b. The Permittee shall provide a digital camera, with an image resolution, capability of at least 300 dpi, in order to photographically report all incidental takes, without regard to species, during dredging operations. Immediately following the incidental take of'any threatened or endangered species, images shall be provided, via email, CD, DVD, or USB (thumb/flash/jump drive) to the Contracting Officer's Representative in a .JPG or .TIF format and shall accompany incidental take forms. The nature of findings shall be fully described in the incidental take forms including references to photographs. 46. Manatee, Sea Turtle, Atlantic Sturgeon and Whale Sighting Reports. Any take concerning a manatee, sea turtle, Atlantic sturgeon,. or whale; or sighting of any injured or -19- incapacitated manatees, sea turtles, or whales shall, be reported immediately to the Corps by notifying the personnel indicated in the list in Condition 38 above. A copy of the incidental take report shall be provided within 24 hours of the incident. The Permittee shall also immediately report any collision with and/or injury to a manatee to the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and North Carolina Wildlife Resources Commission. If a sea turtle and/or Atlantic sturgeon is taken by the dredge (live or dead), the Permittee shall email a PDF version of the incidental take report to NOAA-Fisheries Southeast Region at the following email address within 24 hours of the take: erego , Inmfss r, n, oaa:go: ,also providing a copy to the Regulatory Project Manager. 47. Disposition of Sea Turtles or Turtle Parts. a. Turtles taken by hopper dredge (1) Dead turtles - Upon removal of sea turtle and/or parts from the drag head or screening, observers shall take photographs to sufficiently document major characteristics of the turtle or turtle parts including but not limited to dorsal, ventral, anterior, and posterior views. For all photographs taken, a backdrop shall be prepared to document the dredge name, observer company name, contract title, time, date, species, load number, location of dredging, and specific location taken (drag head, screening, etc.). Carcass/turtle parts shall also be scanned for flipper and Passive Integrated Transponder (PIT) tags. Any identified tags shall be recorded on the "Sea Turtle Incidental Take Form" that is included in the "Endangered Species Observer Program Forms" located on the web site indicated in Special Condition number 46 above. Turtle parts which cannot be positively identified to species shall be preserved by the observer(s) for later identification. A tissue sample shall be collected from any lethally taken sea turtle and submitted under the process stated in the Protocol for Collecting Tissue Samples from Turtles for Genetic Analysis found in the website listed in Special Condition 46 above. All genetic samples collected shall be submitted to NMFS within 30-days of collection and verification of submittal to NMFS shall be provided to the Regulatory Project Manager. After all data collection is complete, the sea turtle parts shall be placed in plastic bags, labeled as to the time, date, and dredged reach of collection, kept frozen and transported to the National Marine Fisheries Service Laboratory in Beaufort, North Carolina. If no local facility is capable of receiving the sea turtle/parts, they should be marked (spray paint works well), weighted down and disposed of under the direction of the Regulatory Project Manager. (2) Live Turtles - Observer(s) shall measure, weigh, scan for Passive Integrated Transponder (PIT) tags, and photograph any live turtle(s) incidentally taken by the dredge. If no tagging was identified, observers shall tag the turtle using Iconnel flipper and PIT tags if they are qualified to do so. Observer(s) or their authorized representative shall coordinate with the Regulatory Project Manager to transport, as soon as possible, the live turtle(s) taken by the dredge to an approved rehabilitation facility in the project area. RECEIVED DCM WILMINGTON, NC FEB 262019 -20- 48. Report Submission. The Permittee shall maintain a log detailing all incidents, including sightings, collisions with, injuries, or killing of manatees, sea turtles, Atlantic sturgeon, or whales occurring during the contract period. The data shall be recorded on forms available on the website as indicated in Special Condition number 46. All data in original form shall be forwarded directly to Wilmington District within 10 days of collection. Following project completion, a report summarizing the above incidents and sightings shall be submitted to the following: a. Wilmington District Regulatory Contact: Sarah.E.Hair@usace.army.mil b. South Atlantic Dredging Projects: Jennifer.L.Owens@usace.army.mil c. National Marine Fisheries Service Protected Species Management Branch 263 13th Avenue South St. Petersburg, Florida 33701 North Carolina Wildlife Resources Commission Matthew Godfrey 307 Live Oak Street Beaufort, North Carolina 28516 49. All necessary precautions and measures will be implemented so that any activity will not kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea turtles, whales, manatee, Atlantic sturgeon, and piping plover). While accomplishing the authorized work, if the Permittee discovers or observes a damaged or hurt listed endangered or threatened species, the Corps will be immediately notified so that required coordination can be initiated with the U.S. Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Service (NMFS). Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office -21- Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Heather Coats North Carolina Department of Environmental Quality- Division of Coastal. Management Ms. Karen Higgins/Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division RECEIVED DCM WILMINGTON, NC FEB 2 6 2019 it ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director NORTH CAROLINA Environmental Quality November 16, 2018 O'Brien & Gere Engineers, Inc. Mr. Michael Hall 3214 Charles B. Root Wynd, Suite 130 Raleigh, NC 27612 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for the Town of Oak Island, Brunswick County Dear Mr. Hall: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on August 28, 2018. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The U.S. Army Corps of Engineers has stated by way of the attached email that the proposed disposal site for non -beach compatible material needs to be revised and a consent agreement granted by the U.S. Army Corps of Engineers. Therefore, it is necessary that processing of your permit application be placed in abeyance to address the requirements of the U.S. Army Corps of Engineers. Once we receive adequate assurance from the U.S. Army Corps of Engineers that no further actions are necessary on the part of the applicant, we will resume processing of your application. If you can provide to this office the required information within three working days from the date of this letter and the U.S. Army Corps of Engineers notifies us in writing that no further action is required, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. North Carolina Department of Environmental Quality I Dh4ston of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. cc: MHC/WiRO Files Liz Hair, USACE Chad Coburn, DWR Sincerely, Heather Coats Beach & Inlet Management Project Coordinator �D E North Carolina Department of Environmental Quality I Dhrlston of Coastal Management Wilmington Office 1 127 Cardinal Drtve Extmsion I Wilmington, North Carolna 28405 91D.796.7215 Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, November 2, 2018 4:17 PM To: Coats, Heather Cc: MacPherson, Tara Subject: [External] FW: CAMA Major/GP291/ SAW-2018-01897?Town of Oak Island maintenance dredge (UNCLASSIFIED) CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Please see comments from Navigation regarding the proposed maintenance dredging and beneficial placement activities in Lockwoods Folly Inlet and Oak Island. The applicant will need to contact our Navigation Branch to begin the consent agreement process. Thanks, Liz -----Original Message ---- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Friday, November 2, 2018 2:00 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army _mil> Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T. Horton@ usace.army.mil>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil> Subject: RE: CAMA Major/GP 291/ SAW-2018-01897?Town of Oak Island maintenance dredge (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Liz, Per navigation's discussion with Legal, the applicant will have to get a consent agreement but not an MOA. They should contact us to ensure that they collect the data that we will need to get the consent agreement. They will not be allowed to use DA 286 as it is reserved for beach compatible material only and we would recommend DA 284 although it is up to them to find a new suitable disposal area. As per the topsail inlet precedence, they will need to submit dredge plans to us before dredging starts to allow us to confirm they are following the corps channel. Todd may also reply if he has anything to add. thanks. Justin -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, October 24, 2018 1:00 PM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>; Doug Huggett <doug.huggett@ncdenr.gov>; ethan coble <Ethan.J.Coble@uscg.mil>; fritz <fritz.rohde@noaa.gov>; HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; kathy matthews <kathryn_matthews@fws.gov>; leigh mann <Leigh_Mann@fws.gov>; matt creelman <Matthew.K.Creelman2@uscg.mil>; NCDCR <EnvironmentaLReview@ncdcr.govi Owens,•JenniferLCIV USARMYCESAW(US)<jennifer.L.Owens@usace.army.mil>; pace wilbur <pace.wilber@noaa.gov>; Pete benjamin<Pete_Benjamin @fws.gov>; scott.d.mcaloon <scott.d.mcaloon@uscg.mil>; todd bowers.<bowers.todd@epa.gov>; Twyla Cheatwood <Twyla.Cheatwood@noaa.gov>; John <john_ellis@fws.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; heather coats <heather.coats@ncdenr.gov> . Cc: Beecher, Gary H CIV USARMY CESAW(US)'<Gary.H.Beecher@usace.army.mil> Subject: CAMA Major/GP 291/ SAW-2018-01897?Town of Oak Island maintenance dredge All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by November 23, 2018. The Town of Oak Island is requesting a CAMA Major Permit to conduct maintenance dredging within the Lockwoods Folly River and AIWW for navigation with associated beneficial placement of dredged material. Attached please find the DCM Bio Report and application for the subject project. Also attached is a map of the proposed dredge and disposal locations. The applicant proposes to mimic the depths and dimensions of the federally -authorized navigation project. Please note that the Town of Oak Island was not included in the suite of permits authorized as a part of the SDI-5 projects in late 2015/7016. Dredging of the Lockwoods Folly Inlet and AIWW was authorizedunder the previous action for the Town of Holden Beach, Corps Action ID: SAW-2014-02007. Consultations were completed under this action; however did not include the placement of dredged material along Oak Island. Below are the Corps initial determinations: EFH: 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 affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The applicant has provided an EFH assessment and conservation measures to limit impacts on EFH'and confine the impacts to short-term, localized effects. This documentation is provided in the EFH assessment (attached). ESA: USFWS: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Piping Plover and Red Knot: The project area includes designated wintering habitat for piping plover and likely habitat for Rufa red knot (no critical habitat yet designated). The Corps has determined that the project area may affect, likely to adversely affect piping plover critical habitat, and rufa red knot individuals, therefore formal consultation for piping plover critical habitat and rufa red knot will be requested. SeaBeach Amaranth: Formal consultation will be requested based on the likelihood of disposal operations to adversely affect individuals and habitat. Sea Turtles: The applicant has initially proposed to conduct all nourishment operations within the construction window for turtles to avoid nesting and hatching seasons. Based on these considerations and the conservation measures proposed and potential beneficial' effects of the nourishment portion, the Corps.has determined that the project may affect, not likely to adversely affect sea turtles. Manatee: Based on available information, the Corps has determined that the project may affect but is.not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The updated BA will be included in the, consultation request to the US FWS. For species subject to the NMFS PRO purview: We believe this activity is covered by SARBO, and the Corps intends to make compliance with the terms and conditions of the South Atlantic Regional Biological Opinion (SARBO) a condition of the permit. Cultural Resources: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer latest published version of the National Register of Historic Places and initially determines that there may be historic properties, and/or properties eligible for inclusion in the National Register, present within the Corps' permit area: The applicant has provided a review of previously conducted cultural resource surveys, reports, and SHPO coordination letters and the Corps has determined that the projects as proposes will result in no effect to the cultural resources provided that the proposed work occurs in the authorized channels. The Proposed Action is maintenance dredging that has been ongoing since the early 1980's (or earlier), and the dredge material will be disposed of in previously authorized/used disposal sites. Identified shipwrecks will be avoided by dredging activities, and nearshore disposal will improve preservation if burial occurs. Section 408: Section 408 Coordination -will be completed as required through the appropriate business lines. Please contact me if you have any questions. Please provide comments as soon as you can or November 23, 2018. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 CLASSIFICATION: UNCLASSIFIED ROY COOPER NORTH CAROLINA Gavarnor Envtranntmlaf Qi=uty WCHAEL S. REGAN serraary BRAXTON C DAVIS Director March 5, 2019 O'Brien & Gere Engineers, Inc. Mr. Michael Hall 3214 Charles B. Root Wynd, Suite 130 Raleigh, NC 27612 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for the Town of Oak Island, Brunswick County Dear Mr. Hall: This letter is in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on August 28, 2018 and placed on hold pending an additional information request from the U.S. Army Corps of Engineers (USACE) on November 16, 2018. The USACE received the additional information needed and submitted comments to us on February 21, 2019. Therefore, processing of your permit application officially resumed as of February 21, 2019. The revised projected deadline for making a decision is May 1, 2019. If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Cc: MHC Files/WiRO Files Liz Hair, USACE Robb Mairs, DWR Sincerely, ACf eAcI L LpGLt Heather Coats Beach & Inlet Management Project Coordinator RECEIVED �FQ:��) MAR o a zo�9 CITY pCM- North Carolina Department of Environmental Quality i Division of Coastal Management Wilmington Office 1. 127 Cardinal Drive Extension I Wilmington. North Carolina 2W5 9fo2%1215 TERMS AND CONDITIONS OF USFWS BIOLOGICAL OPINION In order to comply with the State Programmatic Biological Opinion for sand placement, the applicant agrees that the proposed dredge area will follow deep water, and that there will be no dredging of intertidal shoals. These terms and conditions are non -discretionary. Unless addressed specifically below, the terms and conditions are applicable for the maintenance dredging and placement of sand for each project, for the life of each permit. Terms and Conditions — All Species 21. For the life of the permit, all sand placement activities above MHW must be conducted within the winter work window (November 16 to April 30), unless necessitated by an emergency condition and allowed after consultation with the Service. 22. Prior to sand placement, all derelict material, large amounts of rock, or other debris must be removed from the beach to the maximum extent possible. 23. Conservation Measures included in the permit applications/project plans must be implemented in the proposed project. If a Reasonable and Prudent Measure (RPM) and Term and Condition address the same requirement, the requirements of the RPM and Term and Condition take precedent over the Conservation Measure. 24. Predator -proof trash receptacles must be installed and maintained during construction at all beach access points used for the project construction and any maintenance events, to minimize the potential for attracting predators of piping plovers, red knots, and sea turtles. All contractors conducting the work must provide predator -proof trash receptacles for the construction workers. All contractors and their employees must be briefed on the importance of not littering and keeping the Action Area free of trash and debris. See the Appendix for examples of suitable receptacles. 25. Pipeline placement must be coordinated with NCDCM, the Corps, the Service's Raleigh Field Office, and the NCWRC. 26. Access points for construction vehicles should be as close to the project site as possible. Construction vehicle travel down the beach should be limited to the maximum extent possible. RECEIVED MAR 0 8 2019 DCM-MHD CITY Terms and Conditions — Piping Plovers and Red Knots 27. All personnel involved in the construction or sand placement process along the beach shall be aware of the potential presence of piping plovers and red knots. Before start of work each morning, a visual survey must be conducted in the area of work for that day, to determine if. piping plovers and red knots are present. Construction operations shall not begin until, individual piping plovers or red knots have exited the work are for the day. Terms and Conditions — Sea Turtles 28. Only beach compatible fill shall be placed on the beach or in any associated dune system. Beach compatible fill must be sand that is similar to a native beach in the vicinity of the site that has not been affected by prior sand placement activity. Beach compatible fill must be sand comprised solely of natural sediment and shell material, containing no construction debris, toxic material, large amounts of rock, or other foreign matter. The beach compatible fill must be similar in both color and grain size distribution (sand grain frequency, mean and median grain size and sorting coefficient) to the native material in the Action Area. Beach compatible fill is material that maintains the general character and functionality of the material occurring on the beach and in the adjacent dune and coastal system. In general, fill material that meets the requirements of the North Carolina Technical Standards for Beach Fill (15A NCAC 07H .0312) is considered compatible. 29. During dredging operations, material placed on the beach shall be inspected daily to ensure compatibility. If the inspection process finds that non -beach compatible material, including large amounts of shell or rock exceeding the state sediment criteria-(15A NCAC 07H .0312), is or has been placed on the beach, all work shall stop immediately, and the NCDCM and the Corps will be notified by the permittee and/or its contractors to determine the appropriate plan of action. 30. Sea turtle nesting surveys must be conducted within the project area between May 1 and November 15 of each year, for at least two consecutive, nesting seasons after completion of sand placement (2 years post -construction monitoring), Acquisition of readily available sea turtle nesting data from qualified sources (volunteer organizations; other agencies, etc.) is acceptable. However, in the event that data from other sources cannot be acquired, the permittee will be responsible to collect the data. Data collected by the permittee for each nest should include, at a minimum, the information in the table, below. This information will be provided to the Raleigh Field Office in the annual report, and will be used to periodically assess the cumulative effects of these projects on sea turtle nesting and hatchling production and monitor suitability of post construction beaches for nesting. Please see REPORTING REQUIREMENTS, below. Parameter Measurement Variable Number of Visual Assessment Number/location of false crawls in False Crawls of all false crawls nourished areas; any interaction of turtles with obstructions, such as sand bags or scarps, should be noted. False Crawl Categorization of Number in each of the following Type the stage at which categories: nesting was a) Emergence - no digging; abandoned b) Preliminary body pit; c) Abandoned egg chamber. Nests Number The number of sea turtle nests in nourished areas should be noted. If possible, the location of all sea turtle nests should be marked on a project map, and approximate distance to scarps or sandbags measured in meters. Any abnormal cavity morphologies should be reported as well as whether turtle touched sandbags or scarps during nest excavation. Nests Lost Nests The number of nests lost to inundation or erosion or the number with lost markers. Nests Relocated nests The number of nests relocated and a map of the relocation area(s). The number of successfully hatched eggs per relocated nest. Lighting Disoriented sea The number of disoriented hatchlings and Impacts turtles adults. 31. Visual surveys for escarpments along the Action Area must be made immediately after completion of sand placement, and within 30 days prior to May 1, for two subsequent years after any construction or sand placement event. Escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet must be leveled and the beach profile must be reconfigured to minimize scarp formation by the dates listed above. Any escarpment removal must be reported by location. The Service must be contacted immediately if subsequent reformation of escarpments that interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet occurs during the RECEIVED MAR 0 8 2019 DCM-MHD CITY nesting and hatching season to determine the appropriate action to be taken. If it is determined that escarpment leveling is required during the nesting or hatching season, the Service or NCWRC will provide a brief written authorization within 30 days that describes methods to be used to reduce the likelihood of impacting existing nests. An annual summary of escarpment surveys and actions taken must be submitted to the Service's Raleigh Field Office. 32. Sand compaction must be evaluated at least twice after each sand placement event, once in the project area immWiately after completion of any sand placement event and once after project completion between October 1 and May 1. Out -year compaction inspections and remediation are not required if the placed material no longer remains on the dry beach. Within 7 days of completion of sand placement and prior to any tilling (if needed), a field meeting shall be held with the Service, NCWRC, and the Corps to inspect the project area for compaction and determine whether tilling is needed. a. If tilling is needed, the area must be tilled to a depth of 36 inches. All tilling activities shall be completed prior to May 1 of any year. b. Tilling must occur landward of the wrack line and avoid all vegetated areas that are 3 square feet or greater, with a 3-foot buffer around all vegetation. c. If tilling occurs during the shorebird nesting season (after April 1), shorebird surveys are required prior to tilling per the Migratory Bird Treaty Act. d. A summary of the compaction assessments and the actions taken shall be included in the annual report to NCDCM, the Corps, and the Service's Raleigh Field Office. e. These conditions will be evaluated and may be modified if necessary to address and identify sand compaction problems. 33. Manatee Guidelines: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly'adhere to all requirements . therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manateeguidelines.pdf. 34. A report describing the fate of sea turtle nests and hatchlings and any actions taken, must be submitted to the Raleigh Field Office following completion of the proposed work for each year when a sand placement activity has occurred. Please see REPORTING REQUIREMENTS, below. REPORTING REQUIREMENTS An annual report detailing the monitoring and survey data collected during the preceding year (required in the above Terms and Conditions) and summarizing all piping plover, red knot, and sea turtle data must be provided to the Raleigh Field Office by January 31 of each year for review and comment. In addition, any information or data related to a conservation measure or recommendation that is implemented should be included in the annual report. The contact for these reporting requirements is: Pete Benjamin, Supervisor Raleigh Field Office U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 (919) 856-4520 Upon locating a dead, injured, or sick individual of an endangered or threatened species, initial notification must be made to the Service's Law Enforcement Office below. Additional notification must be made to the Raleigh Ecological Services Field Office identified above and to the NCWRC at (252) 241-7367. Care should be taken in handling sick or injured individuals and in the preservation of specimens in the best possible state for later analysis of cause of death or injury. Jason Keith U.S. Fish and Wildlife Service 551-F Pylon Drive Raleigh, NC 27606 (919) 856-4786, extension 34 ESSENTIAL FISH HABITAT 35. Based on consultation with the Habitat Conservation Division of NOAA NMFS, Lockwoods Folly Inlet (SAW-2014-02007) is subject to the following condition: To the extent practicable, dredging will be from November 16 to April 30. HOPPER DREDGING NMFS (SARBO) 36. Permittee Use of SARBO. a. Hopper dredging is being approved under the South Atlantic Regional RECEIVED MAR 0 8 Z019 DCM-MHD CITY Biological Opinion (SARBO) dated 1997, which can be viewed on the ODESS web site at the following link: httos:/Idgm.usace.army.mil/odess/#/technicallnfo. If the U.S. Army Corps of Engineers, Wilmington District is contracted to perform the work and utilizes the vessels MERRITT, CURRITUCK, or MURDEN, these dredge plants shall be subject to the attached supplemental consultation to the SARBO (dated 9 March 1999) which stipulates the equipment/operational standards of the SAW Shallow Draft Dredging Fleet. b. The SARBO includes an Incidental Take Statement (ITS) issued to the Corps. Under the SARBO/ITS, incidental takes are authorized on a Fiscal Year (FY) (October 1 - September 30) basis to be meted out by the Division Commander, South Atlantic Division, U:S. Army Corps of Engineers for the southeastern United States for Corps civil and military projects. The Permittee is hereby advised to avoid any incidental take, in that such take may trigger the cessation of hopper dredging for the remainder of that FY. The Permittee understands and agrees that, even where it is in full compliance with the terms and conditions of the SARBO/ITS, incidental take by the Permittee may require suspension of the permit by the Corps. The amount of incidental take that will trigger suspension, and the need for any such suspension, shall be determined at the discretion of the Corps. The Permittee understands and agrees on behalf of itself, its agents, contractors, and other representatives, that no claim, legal action in equity or for damages, adjustment, or other entitlement against the Corps shall arise as a result of such suspension or related action. c. The Permittee shall immediately notify the Corps Regulatory Project Manager that an incidental take has occurred. The Regulatory Project Manager responsible for this project is Ms. Liz_ Hair, who may be contacted at the Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington NC 28403, and by telephone at (910) 251-4049, or e-mail sarah.e.hair@usace.army.mil. Dredging operations shall immediately cease upon incidental take of any sea.turtle species or Atlantic Sturgeon, which is not covered under the SARBO but is addressed in a 7(a)(2)/7(d) letter, until the District Commander, or his designee, notifies the Permittee to resume dredging. The Sea Turtle or Atlantic sturgeon incidental take data form will be filled out by the Observer within 6 hours of the take event and e-mailed in pdf format to takereport.nmfsser@noaa.gov and the Regulatory Project Manager. In accordance with the RBO, all hopper dredges shall have an Observer on board who meets the guidelines as established on the website listed in Special Condition 46 below. 39. Pre -Dredging Submittals. a. No dredging shall be performed by a hopper dredge without the inclusion of a rigid sea turtle deflector device. The Permittee shall electronically submit drawings to the Regulatory Project Manager prior to commencement of dredging, showing the proposed device and its attachment. These drawings shall include the approach angle for any and all depths to be dredged during the dredging. The Permittee shall not commence hopper dredging until approval of the sea turtle deflector device has been granted by the Corps. b. The Permittee shall electronically submit detailed drawings showing the proposed drag head grating system(s) and drag head(s), and documentation that supports grate sizing such as dredge pump manufacturer's recommended maximum particle size dimension(s), etc. c. The Permittee shall electronically submit an operational plan to achieve protection of sea turtles during the hopper dredging operation. These operational procedures are intended to stress the importance of balancing the suction pipe densities and velocities in order to keep from taking sea turtles. d. During turning operations the pumps must either be shut off or reduced in speed to the point where no suction velocity or vacuum exists. No dredging work shall be allowed to commence until approval of the turtle deflector device has been granted by the U.S. Army Corps of Engineers, Wilmington District. Sample Turtle Deflector Design Details are available on the website listed in Special Condition 46. A copy of the approved drawings and calculations shall be available on the vessel during dredging operations. 40. Pre -Dredging Inspection. Within 3 days from the date of initiating the authorized work, the Permittee shall provide to the Corps, the completed Hopper Dredge Startup Inspection Checklist form with a written notification of the date of commencement of work authorized by this permit. An inspection of the hopper dredge will be scheduled and performed by the Wilmington District inspector after receipt of the notification of commencement. Inspection checklists are located on the website listed in Special Condition 46 below. 41. Hopper Dredge Equipment. Hopper dredge drag heads shall be equipped with sea turtle deflectors which are rigidly attached. Deflectors shall be solid with no openings in the face. No dredging shall be performed by a hopper dredge without an installed turtle deflector device approved by the District inspector. Sample Turtle Deflector Design Details are on the web site indicated in Special Condition number 46 below. a. Deflector Design. (1) The leading V-shaped portion of the deflector shall have an included angle of less than 90 degrees. Internal reinforcement shall be installed in the deflector to RECEIVED MAR 0 8 Z019 DCM-MHD CITY prevent structural failure of the device. The leading edge of the deflector shall be designed to have a plowing effect of at least 6 inches in depth when the drag head is being operated. Appropriate instrumentation or indicator shall be used and kept in proper calibration to insure the critical "approach angle.", (Information Only Note: The design "approach angle", or the angle of lower drag head pipe relative to the average sediment plane, is very important to the proper operation of a deflector. If the lower drag head pipe angle in actual dredging conditions varies tremendously from the design angle of approach used in the development of the deflector, the 6-inch-plowing effect does not occur. Therefore, every effort should be made to insure this design "approach angle" is maintained with the lower drag pipe.) (2) If adjustable depth deflectors are installed, they shall be solidly attached to the drag head using either a hinged aft attachment point or an aft trunnion attachment point in association with an adjustable pin front attachment point or cable front attachment point with a stop set to obtain the 6-inch plowing effect. This. arrangement allows fine-tuning the 6-inch plowing effect for varying depths. After the deflector is properly adjusted there shall be no openings between the deflector and the drag head that are more than.4-inches by 4-inches. b. In -flow Baskets and overflow screening. (1) The Permittee shall ensure that baskets or screening are installed over the hopper inflow(s) and overflow (s) with no greater than 4-inch by 4-inch openings. The method selected shall depend on the construction of the dredge used and shall be approved by the District inspector prior to commencement of dredging. The screening shall provide 100% screening of the hopper inflow(s) and overflow(s). The screens and/or baskets shall remain in place throughout the performance of the work. The turtle deflector device and inflow/overflow screens shall be maintained in operational condition for the entire dredging operation. If during dredging operations, the Permittee cannot meet the requirements of the inflow and overflow screening, the Regulatory Project Manager shall be contacted immediately. (2) The Permittee shall install and maintain floodlights suitable for illumination of the baskets or screening to allow the Observer to safely monitor the hopper baskets or screening- during non -daylight hours or other periods of poor visibility. Safe access shall be provided to the inflow and overflow baskets or screens to allow the Observer to inspect for turtles and Atlantic sturgeons, or parts thereof, clean the baskets or screens for the next loading cycle, and document any screening deficiencies. During periods of time when observers are performing inspections of inflow and overflow baskets or screening, proper lockout/tag out procedures and fall protection shall be implemented. c. Drag head grating. (1) Drag head grating may be used to prevent over -sized objects (relative to respective pump and distribution system designs) from reaching and becoming lodged or damaging, the dredge pump and/or slurry distribution system. The Permittee may not use a drag head grating system that would prevent turtle remains from entering the hopper inflow screening. Detailed drawings showing the proposed drag head grating system(s) and drag head(s), and documentation that supports grate sizing (such as dredge pump manufacturer's recommended maximum particle size dimension(s), etc.) shall be submitted. No dredging shall begin until the District inspector has approved all grating and screening. 42. Hopper Dredge Operation a. The Permittee shall operate the hopper dredge to minimize the possibility of taking sea turtles or sturgeon and to comply with the requirements stated in the Incidental Take Statement provided by the NMFS in its SARBO. b. The turtle deflector device and inflow/overflow screens shall be maintained in operational condition for the entire dredging operation. c. When initiating dredging, suction through the drag heads shall be allowed just long enough to prime the pumps, and then the drag heads must be placed firmly on the bottom. When lifting the drag heads from the bottom, suction through the drag heads shall be allowed just long enough to clear the lines, and then must cease. Pumping water through the drag heads shall cease while maneuvering or during travel to/from the disposal area. If the required dredging section includes compacted fine sands or stiff clays, a properly configured arrangement of teeth may enhance dredge efficiency, which reduces total dredging hours, and turtle takes. The operation of a drag head with teeth must be monitored for each dredged section to insure that excessive material is not forced into the suction line. When excess high -density material enters the suction line, suction velocities drop to extremely low levels causing conditions for plugging of the suction pipe. Dredge operators should configure and operate their equipment to eliminate all low-level suction velocities. Pipe plugging in the past was easily corrected, when low suction velocities occurred, by raising the drag head off the bottom until the suction velocities increased to an appropriate level. Pipe plugging cannot be corrected by raising the drag head off the bottom. Arrangements of teeth and/or the reconfiguration of teeth should be made during the dredging process to optimize the suction velocities. d. Raising the drag head off the bottom to increase suction velocities is not acceptable. The primary adjustment for providing additional mixing water to the suction line should be through water ports. To insure that suction velocities do not drop below appropriate levels, the Permittee shall monitor production meters throughout the job and adjust primarily the number and opening sizes of water ports. Water port openings on top of the drag head or on raised standpipes above the drag head shall be screened before they are utilized on the dredging project. If a dredge section includes sandy shoals on one end of a tract line and mud sediments on the other end of the tract line, RECEIVED N!^,R 0 8 2019 PC' M-MHD CITY the equipment shall be adjusted to eliminate drag head pick-ups to clear the suction line. e. The drag head shall be buried a minimum of 6 inches in the sediment at all times to maintain drag head efficacy in reducing incidental takes. Maximum borrow area dredge depths identified in the attached plans shall not be exceeded to achieve this effective plowing depth. f. During turning operations the pumps must either be shut off or reduced in speed to the point where no suction velocity or vacuum exists. 43. Dredging Quality Management. Dredging and dredged material disposal and monitoring of dredging projects using the Dredging Quality Management (DQM) system shall be implemented for this DA permit. The Permittee shall ensure that each hopper dredge assigned to the work authorized by this DA permit is equipped with DQM, previously known as 'Silent Inspector', for hopper dredge monitoring. The Permittee's DQM system must have been certified by the DQM Support Team within one calendar year prior to the initiation of the dredging/disposal. Questions regarding certification should be addressed to the DQM Support Center at 251-690-3011. Additional information about the DQM System can be found at https:/Idgm.usace.army.mil. The Permittee is responsible for insuring that the DQM system is operational throughout the dredging and disposal. project and that project data are submitted to the DQM National Support Center in accordance with the specifications provided at the aforementioned website. The permittee shall contact the National Dredging Quality Management (DQM) 'program (https://dgm.usace.army.mil/) to assure that project information is loaded and data is being appropriately transferred prior to project commencement. 44. Sea Turtle Non -Capture Trawl Sweeping. In order to minimize or reduce taking of turtles during dredging, non -capture trawling may be required if the Corps determines that it is necessary to reduce entrainment risk. This type of trawling is designed to use non -capture type trawling equipment to sweep in the proximity of the dredging operations in order to stimulate sea turtles to move out of the dredge path. No sea turtles will be captured using this trawling technique. Non -capture trawl sweeping may be performed 48 hours prior to initiating dredging and may continue throughout dredging operations. Conduct non -capture trawl sweeping operations in the vicinity of dredge operations, but maintain a safe distance from the dredge. Trawl equipment used (e.g. trawling nets) and trawl sweeping operations shall be conducted such that no sea turtles or other marine organism by -catch are captured. As much as possible, non - capture trawl sweeping shall be conducted to maximize the amount of time during each 24-hour trawl day that the trawl equipment. (e.g. trawling nets) sweeps the bottom sediment in the vicinity of the dredging operation (i.e. maximize the bottom time with the trawling equipment). Such trawling in the vicinity of the dredge shall be conducted continuously, stopping after every 4 to 6 hours to check the condition of the trawl equipment and assure that no turtles have been captured. a. Non -capture Trawl Sweeping Period. Non -capture trawl sweeping shall be conducted as described below: (1) A day of non -capture trawl sweeping shall be defined as 24 hours of continuous trawling. (2) Non -capture trawl sweeping may be conducted as 24-hours of trawling as a continuous trawl, however, two separate crews must be available on board to work two 12-hour shifts. b. Turtle Handling and Endangered Species Permits. No sea turtles are to be intentionally captured during non -capture trawl sweeping operations. No endangered species permits to handle sea turtles are required for non -capture trawl sweeping. Should a sea turtle become entangled in the trawling nets, the nearest marine facility must be notified for arrangements to be made to transfer the animal as needed. c. Reporting. A daily log will be kept for each non -capture trawl sweeping operations. The non -capture trawl sweeping log will be submitted to the Regulatory Project Manager at the completion of the project. Data to be included with this log daily will include: (1) GIS coordinate of trawl locations at the start and end of each sweep. (2) Times recorded for the duration of each trawl sweep. (3) Description of dredge proximity during each sweep. (4) General notes as appropriate (e.g. condition of equipment at the end of each sweep, snags occurring during each sweep, incidental debris, etc.). (5) Water Quality and Physical Measurements: Water temperature measurements shall be taken at the water surface each day using a laboratory thermometer. Weather conditions shall be recorded from visual observations and instruments on the trawler. Weather conditions, air temperature, wind velocity and direction, high and low tides, sea state -wave height, and precipitation shall be recorded on the Trawling Form on the web site indicated in Special Condition 46 below. Non -Capture Trawl Sweeping Equipment: To reduce the chances of sea turtles becoming entangled and caught in the net webbing during non -capture trawl sweeping, the Contractor shall use standard flat -style shrimp trawling nets. Nets shall have one to two-inch webbing holes, the webbing should be made of nylon material (preferably dipped.) The bag end of these nets shall be completely cut out so that the nets remaining on the rigging are approximately 30 to 50-feet long. The nets shall be long enough to provide a trailing length of net in the water to RECEIVED MAR 0 S 2019 DCM-MHD CITY "stimulate turtles" to move but not be long enough to be able to twist when: 1) being pulled in. the water; 2) being pulled up and onto the deck; 3) the vessel is stationary; or 4) the trawl vessel turns while trawling. This net length may be shorter or longer depending on the specific configurations of the trawler and its rigging, but must be set up to specifically prevent the twisting of the net. The nets should be installed and adjusted such that organisms are not being collected (turtles and other by -catch). The bag end of the nets shall be cut away to create a large open end on the nets. The webbing shall be monitored so that tears and rips do not occur in the remaining webbing that might entangle and capture organisms (particularly turtles). To ensure that the lead line and mouth of the trawl nets maintain contact with the seafloor as best as possible, the lead line of each net shall be rigged with weights, mud rollers, tickler chains and/or trawling cookies (as appropriate ,for the environmental conditions and sediment type). For the first 48_ hours after beginning non -capture trawling operations, pull and check the nets every hour to evaluate and document the: a. Status of the nets (particularly twisting of the tail end) b. Net contents (turtles and other by catch) and, after the first 48-hours and appropriate net configuration has been established, gradually increase trawling times to a maximum of 2-3-hours. e. Trawler Equipment Breakdown: Should there be a breakdown of trawler equipment that would cause the trawler to leave the area where dredging is underway during any period of time when non -capture trawl sweeping is required, the dredge may continue to, operate for up to 48 hours, as long as no turtles are taken, and subject to the discretion of the. Regulatory Project Manager. Should there be dangerously high seas that would cause the trawler to leave the dredging area when non -capture trawl sweeping is required, the dredge may continue to operate, as long as no turtles are taken; subject to the discretion of the Project Manager. 45. Endangered Species Observers: During dredging operations, observers approved by the NMFS for sea turtles, Atlantic sturgeon and whales shall be aboard to monitor for the presence of the species. Observer coverage shall be 100 percent (24hr/day) and shall be conducted year round. During transit to and from the disposal area, the observer shall monitor from the bridge during daylight hours for the presence, of endangered species, especially the Northern right whale, during the period December through March. Records shall be kept of the date, time, and approximate location of all marine mammal sightings. Care shall be taken not to closely approach any whales or manatees observed during dredging. The observer shall serve as a lookout to alert the vessel pilot of the occurrence of these animals. If any are observed, collisions shall be avoided either through reduced vessel speed, course alteration, or both. During the evening hours, when there is limited visibility due to fog, or when there are sea states of greater than Beaufort 3, the dredge must slow down to 5 knots or less when transiting between areas if whales have been spotted within 15 nm of the vessel's path within 24 previous hours. If a right whale is sighted, the dredge operator shall maintain a 500-yard buffer between the vessel and any whale. During dredging operations, while drag heads are submerged, the observer shall continuously monitor the inflow and/or overflow screening for turtles and/or turtle parts and Atlantic sturgeon and/or Atlantic sturgeon parts. Upon completion of each load cycle, drag heads should be monitored as the drag head is lifted from the sea surface and is placed on the saddle in order to assure that sea turtles that may be impinged within drag head are not lost and un-accounted for. Observers shall physically inspect drag heads and inflow and overflow screening/boxes for threatened and endangered species take. Other abiotic and biotic debris found in the screens during their examination for sea turtle or sturgeon parts shall be recorded and then disposed of so as not to impede the functioning of the screens during the next load cycle. a. Monitoring Reports. The results of the monitoring shall be recorded on the appropriate observation sheets. There is a sheet for each load, a daily summary sheet, and a weekly summary sheet. In addition, there will be a post dredging summary sheet. Observations sheets will be completed regardless of whether any takes of Atlantic sturgeon, whales, or sea turtles occur. In the event of any sea turtle or Atlantic Sturgeon take by the dredge, appropriate incident reporting forms shall be completed. Additionally, all specimens shall be photographed with a digital camera. These photographs shall be attached to respective reports for documentation. Dredging of subsequent loads shall not commence until all appropriate reports are completed from the previous dredging load to ensure completeness and thoroughness of documentation associated with the incidental take. Reports shall be submitted to the Corps within 24- hours of the take. Copies of the forms must be legible. Observer forms may be accessed on the web site indicated in Special Condition 46 below. b. Endangered Species Observer(s). A list of endangered species observer - biologists (ESOs) that have been NMFS-approved to monitor threatened/endangered species takes by hopper dredges can be obtained by contacting NOAA Fisheries' Southeast Region, Protected Resources Division. The Permittee shall provide a digital camera, with an image resolution capability of at least 300 dpi, in order to photographically report all incidental takes, without regard to species, during dredging operations. Immediately following the incidental take of any threatened or endangered species, images shall be provided, via email, CD, DVD, or USB (thumb/flash/jump drive) to the Contracting Officer's Representative in a .JPG or .TIF format and shall accompany incidental take forms. The nature of findings shall be fully RECEIVED MAR 0 8 Z019 DCM-MHD CITY described in the incidental take forms including references to photographs. 46. Manatee, Sea Turtle, Atlantic Sturgeon and Whale Sighting Reports. Any take concerning a manatee, sea turtle, Atlantic sturgeon, or whale; or sighting of any injured or incapacitated manatees, sea turtles, or whales shall be reported immediately to the Corps by notifying the personnel indicated in the list in Condition 38 above. A copy of the incidental take report shall be provided within 24 hours of the incident. The Permittee shall also immediately report any collision with and/or injury to a manatee to the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, and North Carolina Wildlife Resources Commission. If a sea turtle and/or Atlantic sturgeon is taken by the dredge (live or dead), the Permittee shall email a PDF version of the incidental take report to NOAA-Fisheries Southeast Region at the following email address within 24 hours of the take: takereport.nmfsser@noaa.gov, also providing a copy to the Regulatory Project Manager. Observer forms can be found at the following website: httos://dgm.usace.armV:miVodess/#/download 47. Disposition of Sea Turtles or Turtle Parts. a. Turtles taken by hopper dredge (1) Dead turtles - Upon removal of sea turtle and/or parts from the drag head or screening, observers shall take photographs to sufficiently document major characteristics of the turtle or turtle parts including but not limited to dorsal, ventral, anterior, and posterior views. For all photographs taken, a backdrop shall be prepared to document the dredge name, observer company name, contract title, time, date, species, load number, location of dredging, and specific location taken (drag head, screening, etc.). Carcass/turtle parts shall also be scanned for flipper and Passive Integrated Transponder (PIT) tags. Any identified tags shall be recorded on the "Sea Turtle Incidental Take Form° that is included in the "Endangered Species Observer Program Forms" located on the web site indicated in Special Condition number 46 above. Turtle parts which cannot be positively identified to species shall be preserved by the observer(s) for later identification. A tissue sample shall be collected from any lethally taken sea turtle and submitted under the process stated in the Protocol for Collecting Tissue Samples from Turtles for Genetic Analysis found in the website listed in Special Condition 46 above. All genetic samples collected shall be submitted to NMFS within 30-days of collection and verification of submittal to NMFS shall be provided to the Regulatory Project Manager. After all data collection is complete, the sea turtle parts shall be placed in plastic bags, labeled as to the time, date, and dredged reach of collection, kept frozen and transported to the National Marine Fisheries Service Laboratory in Beaufort, North Carolina. If no local facility is capable of receiving the sea turtle/parts, they,should be marked (spray paint works well), weighted down and disposed of under the direction of the'Regulatory Project Manager. (2) Live Turtles - Observer(s) shall measure, weigh, scan for Passive Integrated Transponder (PIT) tags, and photograph any live turtle(s) incidentally taken by the dredge. If no tagging was identified, observers shall tag the turtle using Iconnel flipper and PIT tags if they are qualified to do so. Observer(s) or their authorized representative shall coordinate with the Regulatory Project Manager to transport, as soon as possible, the live turtle(s) taken by the dredge to an approved rehabilitation facility in the project area. 48. Report Submission. The Permittee shall maintain a log detailing all incidents, including sightings, collisions with, injuries, or killing of manatees, sea turtles, Atlantic sturgeon, or whales occurring during the contract period. The data shall be recorded on forms available on the website as indicated in Special Condition number 46. All data in original form shall be forwarded directly to Wilmington District within 10 days of collection. Following project completion, a report summarizing the above incidents and sightings shall be submitted to the following: a. Wilmington District Regulatory Contact: Sarah.E.Hair@usace.army.mil b. South Atlantic Dredging Projects: Jennifer.L.Owens@usace.army.mil c. National Marine Fisheries Service Protected Species Management Branch 263 13th Avenue South St. Petersburg, Florida 33701 d. North Carolina Wildlife Resources Commission Matthew Godfrey 307 Live Oak Street Beaufort, North Carolina 28516 49. All necessary precautions and measures will be implemented so that any activity will not kill, injure, capture, pursue, harass, or otherwise harm any protected federally listed species (sea turtles, whales, manatee, Atlantic sturgeon, and piping plover). While accomplishing the authorized work, if the Permittee discovers or observes a damaged or hurt listed endangered or threatened species, the Corps will be immediately notified so that required coordination can be initiated with the U.S. Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Service (NMFS). RECEIVED MAR 0 8 2019 DCM-MHD CITY �o,V9ltior - RDYCOOPER Wcnt-ME1.. M, AM S001047 �ttT�?1q�,4�h Ott¢eidd . ez/ NORTH:CAROLIINA E+Agd rov+l?en(aftlet?UtY November 16, 2018 O'Brien & Gere Engineers, Inc. Mr. Michael Hall 3214 Charles B. Root Wynd, Suite 130 Raleigh, NC 27612 SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for. the Town of Oak Island, Brunswick County. Dear Mr. Hall: This letter is in response to the above referenced CAM permit application, which was accepted as complete by the Division's Wilmington office on August 28, 2018. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The U.S. Army Corps of Engineers has stated byway of the attached email that the proposed disposal site for non -beach compatible material needs to be revised and a consent agreement granted by the U.S. Army Corps of Engineers. . Therefore, it is necessary that processing of your permit application be placed in abeyance to address the requirements of the U.S. Army Corps of Engineers. Once we receive adequate assurance from the U.S. Army Corps of Engineers that no further actions are necessary on the part of the applicant, we will resume processing of your application. If you can provide to this office the required information within three working days from the date of this letter and the U.S. Army Corps of Engineers notifies us in writing that no further action is required, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. 14arttCaro11naEkpar"errtOtEnVIrpnmeriml4uaf ,IOuislano(0 , alt1a0aVTnent WEtaIdSfN -Offl e' 1127 Cardiaa1 DffVe EXt&is1dh F WPrmldgtdi north Carb16%,.28405; r e' If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. cc: ✓MHC/WiRO Files ,'Liz Hair, USACE 'Chad Coburn, DWR Sincerely, Heather Coats Beach & Inlet Management Project Coordinator - Ngnhca4na4CPa66tifem -OW9 of�FoafiraE>rtanagelaenC, oTi R416Mngtari QfNci� C 127.-Uti �PChrve 6XCetl5i[' SMIMngt6it„NMt15 Caennn3,2adOs; 91q,=Y9bi7215 V t Coats, Heather From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Sent: Friday, November 2, 2018 4:17 PM To: Coats, Heather Cc: MacPherson, Tara Subject: [External] FW: CAMA Major/GP 291/ SAW-2018-01897?Town of Oak Island maintenance dredge (UNCLASSIFIED) r CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Please see comments from Navigation regarding the proposed maintenance dredging and beneficial placement activities in Lockwoods Folly Inlet and Oak Island. The applicant will need to contact our Navigation Branch to begin the consent agreement process. Thanks, Liz -----Original Message ----- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Friday, November 2, 2018 2:00 PIA To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army..mil>. Cc: HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Owens, Jennifer L CIV USARMY CESAW (US) Jennifer.L.Owens@usace.army.mil> Subject: RE: CAMA Major/GP 291/ SAW-2018-01897?Town of Oak Island maintenance dredge (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Liz, Per navigation's discussion with Legal, the applicant will have to get a consent agreement but not an MOA. They should contact us to ensure that they collect the data that we will need to get the consent agreement. They will not be allowed to use DA 286 as it is reserved for beach compatible material only and we would recommend DA 284 although it is up to them to find a new suitable disposal area. As per the topsail inlet precedence, they will need to submit dredge plans to us before dredging starts to allow us to confirm they are following the corps channel. Todd may also reply if he has anything to add. thanks. Justin -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US) Sent: Wednesday, October 24, 2018 1:00 PM To: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>; Doug Huggett <doug.huggett@ncdenr.gov>; ethan coble <Ethan.J.Coble@uscg.mil>; fritz <fritz.rohde@noaa.gov>; HORTON, J TODD r CIV USARMY CESAW (US)<James.T. Horton@ usace.army.mil>; kathy matthews <kathryn_matthews@fws.gov>; leigh mann <Leigh_Mann@fws.gov>;.matt creelman <Matthew.K.Creelman2@uscg.mil>; NCDCR <Erivironmental.Review@ncdcr.gov>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil>; pace wilbur <pace.wilber@noaa.gov>; pete benjamin<Pete_Benjamin@fws.gov>; scott.d.mcaloon <scott.d.mcaloon@uscg.mil>; todd bowers <bowers.todd@epa.gov>; Twyla Cheatwood <Twyla.Cheatwood@noaa.gov>; John <john_ellis@fws.gov>; MacPherson, Tara <tara.macpherson@ncdenr.gov>; Coburn, Chad <chad.coburn@ncdenr.gov>; heather coats <heather.coats@ncdenr.gov> Cc: Beecher, Gary H CIV USARMY CESAW (US) <Gary.H.Beecher@usace.army.mil> Subject: CAMA Major/GP, 291/ SAW-2018-01897?Town of Oak Island maintenance dredge All Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by November 23, 2018. The Town of Oak Island is requesting a CAMA Major Permit to conduct maintenance dredging within the Lockwoods Folly River and AIWW for navigation with associated beneficial placement of dredged material. Attached please find the DCM Bio Report and application for the subject project. Also attached is a map of the proposed dredge and disposal locations. The applicant proposes to mimic the depths and dimensions of the federally -authorized navigation project. Please note that the Town of Oak Island was not included in the suite of permits authorized as a part of the SDI-5 projects in late 2015/2016. Dredging of the Lockwoods Folly Inlet and AIWW was authorized under the previous action for the Town of Holden Beach, Corps Action ID: SAW-2014-02007. Consultations were completed under this action, however did not include the placement of dredged material along Oak Island. Below are the Corps initial determinations: EFH: 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 affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. The applicant has provided an EFH assessment and conservation measures to limit impacts on EFH and confine the impacts to short-term, localized effects. This documentation is provided in the EFH assessment (attached). ESA: USFWS: The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Piping Plover and Red Knot: The project area includes designated wintering habitat for piping plover and likely habitat for Rufa red knot (no critical habitat yet designated). The Corps has determined that the project area may affect, likely to adversely affect piping plover critical habitat, and rufa red knot individuals, therefore formal consultation for piping plover critical habitat and rufa red knot will be requested. Sea Beach Amaranth: Formal consultation will be requested'based on the likelihood of disposal operations to adversely affect individuals and habitat. Sea Turtles: The applicant has initially proposed to conduct all nourishment operations within the construction window for turtles to avoid nesting and hatching seasons. Based on these considerations and the conservation measures proposed and potential beneficial effects of the nourishment portion, the Corps.has determined that the project may affect, not likely to adversely affect sea turtles. Manatee: Based on available information, the Corps has determined that the project may affect but is not likely to adversely affect the West Indian manatee. The use of the Manatee Guidelines will be required as a condition of this proposed action. The updated BA will be included in the consultation request to the US FWS. V For species subject to the NMFS PRD purview: We believe this activity is covered by SARBO, and the Corps intends to make compliance with the terms and conditions of the South Atlantic Regional Biological Opinion (SARBO) a condition of the permit. . Cultural Resources: Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer latest published version of the National Register of Historic Places and initially determines that there may be historic properties, and/or properties eligible for inclusion in the National Register, present within the Corps' permit area: The applicant has provided a review of previously conducted cultural resource surveys, reports, and SHPO coordination letters and the Corps has determined that the projects as proposes will result in no effect to the cultural resources provided that the proposed work occurs in the authorized channels. The Proposed Action is maintenance dredging that has been ongoing since the early 1980's (or earlier), and the dredge material will be disposed of in previously authorized/used disposal sites. Identified shipwrecks will be avoided by dredging activities, and nearshore disposal will improve preservation if burial occurs. Section 408: Section 408 Coordination will be completed as required through the appropriate business lines. Please contact me if you have any questions. Please provide comments as soon as you can or November 23, 2018. Liz Hair Regulatory Project Manager Wilmington District US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Sarah.e.hair@usace.army.mil 910-251-4049 CLASSIFICATION: UNCLASSIFIED 0 1 a I MW evelopment Pe"Oft past revised 11212110S), Notthi Carolina DIVISION OF COASTAL MANAGEMENT g?aw8, wmwa ".-Igfip BusinessNinne. Prplect Name (if applicable) TbVm Of Oak Island Applicant.l: FirstNameL MI LasfNama 0 . avicii Kelly fioptfconu! Fftst.Narnel MI Last'Name. W addidbrial, applicants; please WWI; ar? 840#101181 paqv(V with names listed, POISOIX ofty. state 4601 E. Oak-istand adve oamstand 'NO ZIP Country, phone No 28465 USA 910-201,8043, exL MreetAddrqss (ITdIrerent Imm above) _.City State Email ,stormwater@dgak-istand•ne.us Business Name Cysriem& Gera* Fingineers, lho, _A7 gimy Coritc4ptor, 1: ffW.Name MI Last Name Michael 15 Hall Aq e n 9 Contractor 2:—F'i —1st N a me, MI J-.- Last Name - -_ -_ - I --- MeilingMeilingAddress ­_ . PO Sok City State 3214 Charles B.RactWynd, Suite 130 Raleigh NG ZIP Phone:No. I phone No. 2 27612 919-987-3090 ext. ext. FAX No-,. Contractor#, 919 7.81 -43601, Street Address (if different fj0rWqbov&) zip Emall Michdel.Hall@obg.com RECEIVED 1<Form conti n((eSJDwbadk> FEB 0 4 2019 MRS-ECTION-WIRO- 262-906-2,808 ::; 1'-882-4RCOA5T C! W-WW'.itC.CoaStalrhdn72i.gi3nie..iit. hel Form DCM MP-I.(Pqge 2 of 5) APPLICATfON for Major Development Permit County (can be Multiplo). Street Address state R6:A Lockwoods Folly Inlet AMrVV Grossing, Subdivisilon Name city Zip IP Oak Island'. 'I NC 28465- Lot No,(s) #f menX attachaddi'llonalpage. with 60 ext 4. Inwhich NC river basin is the project -jocated? b; Name of body of water nearest to. proposed projed. Lumber Lockwoods: Folly Inlet, Atlantic Ocean; Lockwoods Fogy Rive; AIM,:Easterrt Channel c, is the wotof body , iddrialriod in (b). above, natural or, rnarrmado7 d, Name.,tho Closest Major Water bo6y'to tho,proposed project a&. NNaturaf Zmanmade OUnknown L6ckWdods Folly Inlet, Atlantic Ooeanr evis pr6pted work v.wit-hin city rgnjts orplannin Jurisdiction? f, It appilicable, list thar planning Jurisdiction or city limit the proposed' !&Yjes. []Nq Worl(felswithin. Town of 0* Island a: Total length of'shoreline on the tract (ftj b. Size dfentire tract (sq,k), —46,000feet 46,060 ft)c 150-k= —7,000.00 si' -qv _are feet--" 16(y, acid's. a Size ofiddividual fot(is) d. A0prooftractaboV6 NHW NA, i (notmAmatealevation NWL alwater leve� (it many lot shresiplease attach a6clitional page with ells!) 81feet NGVD MNHW or 13NWL q, Vegetaitomoin tract Beach grasses,: sea,, oats, and. sedges., 1, Man-madefeature.sand_oses now on tract The tract.Incl udet public beach and man7made;dunev. The beachfront Is utiffizedforrecreational activities. ThOnletand AIWW are used for commercial and recreational boating and contain channel marking. The template begins hear-therwest end of Oak Island,at the parking area inside the Inlet. g; Identify and describe the wdsting land uses adfiscen -to the proposed project site. Thevtistlng, laW uses adjacent to the propot�edprajecti'o6ludd.,sl"le and multifamily. residential properties;, commercial , businesses, anc[community-access to the beach , front. h. 1-fowiloes- local'gov9mment'zone-the tract? 1. Is the proposed project consistentmith the'applIcable zoning?. Residential (7-moderate density and 6A-higher.density) (Attach zoning compliance certificate, if applicable). and.0ormorlerciatkeoreatiom(CR) NYes7 ONo ONA I. IsAhe proposed-advity part of an urban wateirlirdfit redevelopment proposal? 11yes. R, Make ptpfessional:archaeologlcal assessment been done for the tract? lfyes;altach a,copy; ®Yes E]M6 EINA If yes; bywhornZ Sea Attachmient'51: - Cultural Resource Assessmentfor sections I K andt: 1, Is the proposediprcject located1n a NalflonafRegistered Historic b1stretardoes itinvoivea RM— MEJUNA Natiorkal.Reqlster listed or ellgfble;propertyl, FEB 04 2019 - - - Z52-808a2ff(18 :z 1-808-4RCO�AST :,: vvvvvv.nccoastMVxSMTMtW1RO Form DCrO MP-1(Page $ Qf$) <Forrn continues on next, page> APPLICATION kr Major QeVeropmoo permit rn. (1). Are there wetlands on the site? Elyse ®Na (IjAre thbratatistal WlItt"00 on the sit67 Oyes ®No (10)Myestoe][ther0i or Mi above, has a delineation been conducted? MYeg EJNo (Aftach.docun4nfae6n, if avaAable) n. Descdbowdsti*ngwastewaieriteatmntiitifkies; NA o. Describeextsilng d6king,wafersuppiy-squirco. NA p, Describe existing storm water management or treatment systems. ,NA o4 Vj a; Will thepmlect be for, commercial, public; orprivate use? UCommerblal 721PublictGovernment bprivatelcommunity b.. , Give -.,a brief description of purpose, use, and dallyoperations dfrthe project when corppleW LoCkWodds Folly fnfi3t,Fsashallow-draft.i'nletthat,alfowsfor various -sized vessels,to navigate front the AWWto.the Atlan0c Ocean for,commerce, fishlng,;and, recreation. Beach -Duality material removed from the init neighboring 6 tthifis beneficially placed on the nei 9 , each wilt maintain recreational belch area, restore existing dunes, and provide storm protection to public and private Infrastructure. c. Describe the proposed construction math6dologyj types of oormtrU6tijort equipment to be used during construction, the number of each type, of equipmentend.where ft.islo be sfored. For dredging with beneficial placement, typical beneficial placement methodology will used -whichincludes using a, cutterbead hydraulic. d?edge and pipeline to convey siedMe6t; to the belch, and using bulldozers, front-end load6rs and other earth moving, machinerylo shape the sediment. For dredging without benefi cial placement, dredges will be selected based on thefollowing criteria. 'Appropriate draft for Inlet & channels � Exciusionary,fiftin6s for sea wtttes and sturgeon (f hopper dredges are used 'thafhave sufficientsuction head'size and suction powerlo.entrain sea turtles and sturgeon). "Sea -worthy beyond I mernato net Regulations.for Preve ntlng'Ccllisions at Sea (referred to,as. COLREGS) demarcation. line. d. List all development activities you propose. Dredging of, t-he,11-ockwoods Folly Inlet, connecting channels, and AIW.W Crossing wilt result in beneficial placement on Oak Itland beaches, using previously -authorized beriellcialiplac6mentlacations from USAGE and locally-p ,a. Are the proposed activities maintenance of an odstinb project, new work, or both? Existing, USACE Project f, What Is the, appro)dmate total disturbed land area resulting from the proposed -project? The actual disturbed land area will be�a, summation of the locations within the channel that need to be dredged', for navigatiomat.agiverillme, and the volume of that, material that Is beneficially placed or disposed- See Figure Z forpotential on -shore disturbed rand I areas, and form MP- 2 for dredging climensions. []Sq.Ft or OAcres 1. Will the proposed project encroisch-on any p4blideasement, public accessway or other area Yes {QNo QNA that the public hit sia6llsfisduse oft I RECEIV FEB 0 4 2019 252-808-2809 :: 1:8864RGOAST w:ww.tircoasta'fntariaoemefli.n.j- MPSECTION WIRO Form DCM MP-4 (Page 4 of Discharge -of dredge eturry removed from the in(et(AmW templates. APPLICATION -for Major Development Permit: If Yes, v✓lll this discharged water be of the;same, salinity as the receiving water/ QYes I]No: ®NA j. Is there any mii fgation proposed? - QYes ®No QNA If yes;. attach a mitigation proposal. <Form gonfinuee on kaciv �+n ¢t �• r .2�' ' �'%i 1 '.�` t +�{� ��`t 4' �} 1 � ':� �-i�,�,.i Yt�' � sr� 4. ..t,�A'T '� fSPr."{�, � f.41'ri'�` k''i� `u-. �ry,A 5'1t >? fin eddlhon to,thrsrwmplered appllcat%n famr (MP 1),the(rol/owing {temsbelow lUapplrcabletmpst'besubmlffedlnzoNerforlh8 epplicatron".r y` `package fo be complete,{fteTns ((e)r-;(mere ahvays applcable rosany'majordavaRopmerit app�ircaUon P,lease,consuft tt a appliralion 1. , ms(rucUon booklet on:how fo propedy prepare the requfrer7rltems befow + •1" _ + ` s �''f �+� F•= � .:i.5 - � •� <a+'c3..tE4_ ,alr+.o•b-.::9t51r.nn�"wz ee`.. ._8b, 3.. ;;vVr^'J,.`cws-_..�evx ^l"�.:}^'n � �'. a.. A,p'roject:narrativet - - -- - - - b. An aceurate; dated:work plaWncluding plan vlewandecrow.sectional drawings) drawn,to scale. Please givelthepresentstatus of the proposed project. Is any portion alreadycomplete7 If previously authorized. work,. clearly Indicate on maps, plats, drawings to distktyuish; between work completed and.proposed. c. Asite or location map that -is sufficiently detailed to gulde.;agency personnelunfamiliar with the:area to the:site. d. A-copyyof the dead (With states application only) er other'instrument under-whfch the applicant claimstitteto the, affected properties:. e. The appropriate applicatlorrfee. Check orrmoney'order made _ , payable to DEN.R.!. f, Alist ofthe names and complete addresses of the adjacent watedront(ripadah) landowners and signed roturn,recelpts as proof that such owners have received a copy, of the.application and plats,by certiffedmafl.:Such landowners musf be advised thatthey have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. NametLloydJvand*Patddia:8umgamerrParoel�ID52330A02 02' y w`,. i ,aP,honesNo _�Zck• - ",- w r Address�01�0CranesCreekiioad Cametan��Ci28326,4 { r-`+�..� 1.�A4_a.,�,,(�.,�4,}.Y��,�-.t,�.•�.�� r�,,=,'��r ' Name David'&Amy Dawson; Parcel10: 250E-A60102 Phone No.. Address 11G1 Firethome—Club. Dr; W"hawNC-.28173-8519 e -i4 ��±'+�,b:''rcx�'r:°PhOde!"•NO f/x.�t�. �4-'i': I Addross' '1 � i�`j .!'. `�`f- s 't /.•moo I ri(;Y °L �t :4 T" HJ�it2�,sj,�'? ,• i3-� Ws `G "�aJMt S I' - ..,mot � _x't?3,:�:$+-('li^t i�'a A�i''��SN O. � F2}i •]� C '_� ..'�nih ti t a_i� �'{� � i�,i'z(.� �4'N ,�5 r'f- d 4 A ! 3 �yi Y.1�� ��c{ g. A,listof previous -state or federal: permits issued forwork on the project traM Include permit numbers, pednittee, and issuing dates,; N Wi mR gtQ Issued Dist ct �1/12R9 9 ncurrence and 1124/1980. Purpose:: tters to the USACE USES 98i Purpose: urposes District consistency dging, itihin!,- rp ryairitenancedredgmgwithtn;tfieAINIW mainienance dredging at:Lockwoods Folly Inlet & CD 9/15/1980 . Purpose: Lockwood Foil River Avuv l & CD(W1611984)..Pu .. oa% adding an additional n USACE Wilmington District consistency determination USACE Wilmin ton District consisten detenninatlo (81411980) and Consistency concurrence issued by NCONR (6/2911984) end Consistency concurrence rssuedby NCDNR ( ) m Y tp g dispose) Crossing project (dredgingand.opland disposal). area for dredging;Lockwoods Fohy inlet NC DENR Permit #21-15 (2/1312015) for Major Development In USAGE consistency determinatioa(2/17115) and concurrence' artAreaof Environmental' Concern pursuantto NCGS 113A- issued for Oak Island. NC DEN13.Permit #21-1.5'(Action ID 119 and Excavation and/ot filling pursuant to NCG&1:13-229 No. SAW-2614.02180). (dredging of Lockwoods Folly Inlet and'on•shore disposal). h.. Signed consultant or agent authorization form,ff applicable,: i' Welland delineatfoh,:if necessary. - RECEIVE ___ j, A'signed AEC hazardnoticeforprojectslaoceanfrontandanletareas;(Musfbesignedby,propertyowner;i FEB 0 4 2019 25Z-s08+26,08 .: 1-'818,-ARCO�AST :;a'i. w,ww,.nccoa,stalm'anagannet n ECTION WIRO Form DCM'MP-1 (PagqZ gf-5) APPLICATION for Major D&GIdOrrient Permit tof compliance with the KCIEWronmentall PolicyAct(N.C.G.S. 113A 1-10), Ifnecessary. Iftheprojectinvolasexpencliture of public funds or use of. public lands, #040 a statement documenting compliance with the North Carolina Environmental kicyAct, I.certify that I pro quitior*0a to grant.t. and do In fact grant -permission to representatives of stateand federal review agqnci 0 to enter 00 the aforementioned lands In connection withevaluating information related to this Permit application to 1 pp h and follow-up monitoring of the project. I further certify that heirtformat, n pTovided in this applicatficin is truthful to the best of myknowledge. Pate Prfnt,Name David Kelly 11 Signature Please indicate:application attachments pertaining to, your proposed project. 00CM MP-2 Excavation and'Fil[Information Ei00M MP-6 Bridges and Culverts, QDCM MP-3 Upland Development 01DOM MP-4 Structures Information RECEIVED FEB 0 4 Z019 MP SECTION WIRO 252-808-2800 :: 1-886-4,RCOAST :: wW.w..necoast6lmztn,age,ment.net PROJECT NARRATIVE In 201S, the local stakeholders for five shallow draft inlets - Bogue, New Topsail, Carolina Beach, Lockwoods Folly, and Shallotte River Inlet (identified as the SDI-5) - and associated Atlantic Intracoastal Waterway (AIWW) crossings on the southeast North Carolina coast submitted a N.C. Coastal Area Management Act (CAMA) Major Permit application to the N.C. Department of Environmental Quality (NCDEQ) Division of Coastal Management (DCM) for conducting maintenance dredging for navigation. The permit application was a joint application for the state and federal approvals required to conduct this maintenance dredging. Permits were issued for the municipalities associated with the five inlets in May 2016. The applicants for these permits were five local governments adjacent to the inlets, who wished to obtain major CAMA permits to continue the ongoing federal navigation maintenance dredging program at the inlets and the AIWW crossings, which is currently conducted by the United States Army Corps of Engineers (USACE) Wilmington District The federal program has been authorized and conducted since at least 1982, and is currently funded by the State of North Carolina, or a combination of State and local funds. The local governments applied for these permits to continue year-round navigation maintenance in the inlets, which are critical to local commerce and recreation, should the USACE Wilmington District be unable to perform the program for some reason. The Town of Oak Island was not included in the SDI-S permit application, but would like to obtain a similar permit for maintenance dredging for the Lockwoods Folly Inlet and associated AIWW crossing to protect their financial investment in maintaining inlet navigability. This is intended as a backup to the maintenance dredging permit that has been issued to the Town of Holden Beach pursuant to the SDI-S application. The Town of Oak Island currently shares financial responsibility with the Town of Holden Beach and Brunswick County for the maintenance dredging that is currently performed by the USACE, and would coordinate with these partners to avoid duplication for future maintenance efforts, if required. The authorized maintenance dredging at Lockwoods Folly Inlet would mimic the ongoing, approved USACE maintenance_ dredging program, which includes the AIWW crossings, connecting channels, and the inlet throat out through the currently authorized USACE inlet linear distances beyond the COLREGS line. This inlet has typically needed maintenance on a roughly quarterly basis by the USACE Wilmington District, and AIWW Crossing maintenance has typically been needed every 1-2 years. The Town of Oak Island would continue this maintenance schedule to the extent practical, in coordination with the Town of Holden Beach and Brunswick County, and subject to the navigational needs of the inlet The Town of Oak Island would continue the USACE Wilmington District's use of the least -cost method of disposal, and would select from currently -approved dredge material management locations, including shoreline beneficial placement, nearshore placement and/or upland confined disposal. The project area for the Lockwoods Folly Inlet is depicted in Figure 1. The Proposed Action includes the AIWW Crossing wideners maintained by the USACE Wilmington District, as summarized in the following excerpted table: Table 1. Proposed AIWW inlet Crossing Wideners AIWW DESCRIPTION REACH Fear River- Little River SECTION 1 TANGENT -- it MAXIMUM WIDENER AREA LENGTH (ft) 1. WIDTH (ft) 1 NORTH SOUTH EAST3 V 1- Distance measured parallel to AIWW from approximate center of the inlet crossing 2 - Distance measured perpendicular to AMIN W 3 - Width of main easterly widener toward inlet; number in parentheses is the length (parallel to AIWW) at the indicated width Source: EnvironmentalAssessmenC channel Wideners at Inlet Crossings, Atlantic Intracoastal Waterway (Al", North Carolina. USACE Wilmington District Wilmington, NC December 1997. As a result of the ongoing nature of local stakeholder projects, many studies of environmental effects have been conducted over time. These existing studies were obtained and summarized for the Major CAMA PermitforSDJ-5 Maintenance Dredging, (OBG, 2015). The Oak Island permit application will provide these same attachments, modified to include information specific to Oak Island: ■ Cultural Resource Assessment ■ Biological Assessment RECEIVED ■ Sediment Evaluation ■ Essential Fish Habitat Assessment FE3 0 4 2019 PAGE / fi�t OBG I JULV 20, 2018 I,\Oak-Island-T.26719\6343k4; gSsE .TION WIRO A\Docs\Reports\Application\Proled Narrative.docx To the extent practical, routinely scheduled dredging activity would be implemented during the environmental window for dredging and shoreline beneficial reuse that is used by the USACE Wilmington District for AIW W Crossing projects (November 16 to April 30) to limit the potential effect on federally -managed species. When navigational needs necessitate inlet and crossing maintenance operations outside the environmental window, dredges that are capable of nearshore or side -cast disposal would be used to avoid potential impacts from beneficial placement. Should beneficial placement be needed outside the environmental window, the permittee would independently coordinate with NCDCM through the minor permit modification process. RECEIVED FEB 0 4 2019 MP SECTION WIRO PAGE OBG I JULY 20, 2018 (♦ I:\Oak-Island-T.26719\63438.Dredge-Permit- A\Dots\Reports\Application\Prolea Narratme.doa DCM MP-2 EXCAVATION AND FILL INFORMATION The following sections comprise application form MP-2. Dimension Lockwoods Folly Inlet Length AIWW:7,700ft Lockwoods Folly Inlet: 4,100 ft Width' AIWW:90ft Lockwoods Folly Inlet: 150 ft Approx. Maintained Navigation Area (Includes Wideners) —48 acres Average Existing Depth (Federally authorized depths) AIW W: -12 ft MLW Lockwoods Folly Inlet: -12 ft MLW Final Project Depth (Includes Allowable Over -depth) AIWW: -12+2 ft MLW Lockwoods Folly Inlet: -12+2 ft MLW La. Excavation from below NHW or NWL in cubic yards AIWW: 100,000 (typical2) Lockwoods Folly Inlet: 65,000 'See widener limit table in the Project Narrative for widener dimensions. Dimensions included in maintained navigation area. z Typical excavation in inlets assessed by analyzing USACE Wilmington District dredge plant records for the Fry and the Merritt from 2005-2012. Typical AIW W Crossing dredging volume provided by USACE Wilmington District personnel. 1.'EXCAVATION a. Amount of material to be excavated from See table above for approximate typical excavation quantities, below NHW or NWL in cubic yards which were prepared based on SDI-5 maintenance dredging records provided by the USACE Wilmington District for dredge plants Fry and Merritt for fiscal year 2005 through 2012. Maximum excavation volumes will be event -specific and dependent on the amount of material that needs to be excavated to maintain navigation. b. Type of material to be excavated Sand c. Does the area to be excavated include Benthic habitats mapped in the vicinity of the project areas are . coastal wetlands/marsh (CW), submerged depicted in the Essential Fish Habitat Summary figures aquatic vegetation (SAV), shell bottom (Attachment 5.4). (SB), or other wetlands (WL)? If so, None of the inlet excavation areas include CW, SAV, or WL. provide number of square feet affected, Because the Proposed Action entails maintenance of existing and the purpose of excavation in these navigation channels, the areas of shell bottom depicted in areas. Attachment 5.4 are not considered to be applicable within existing navigation channels. d. High ground excavation in cubic yards NA RECEIVED FEB 0 4 2019 MP SECTION WIRO OBG I JULV 20, 2018 FINAL 11 I:\Oak-Isla n d-T.26719\63438. Dredge -Perm it- A\Docs\Reports\Application\DCM MP-02 with changes accepted 2. DISPOSAL OF EXCAVATED MATERIAL a. and b. Location of & dimensions of disposal areas: The potential beach placement area begins on the west end of Oak Island at the western beach access (Parcel ID 2330A02402), and ends at McGlamery Street (Parcel ID 250EA00102) (Figure 1). The typical profile for the proposed placement comprises a berm width of 75-150 feet (depending on local erosion patterns) at an elevation of El. +6.0 NAVD, and a natural slope to existing grade. The proposed placement area is comprised of the following previously authorized projects, which have beneficially placed material in the footprint delineated on Figure 1. The total length of proposed beneficial placement area is approximately 46,000 feet. The length of actual beneficial placement in each event will be based on the volume of dredged material, but will typically be approximately 2,800 feet. ■ Oak Island Excavation and Sand Placement Project, Lockwood Folly Habitat Restoration Project (NC DENR Permit 421-15), conducted by the Town of Oak Island. This includes dredging of eastern channel and placement of 227,315 cubic yards of fill along Oak Island beach. • Upland Disposal Site # AIW W DA 284, existing diked upland disposal site recommended for use for incompatible material by USACE Wilmington District. Site.is approximately 29.6 acres. The Town will need to obtain a consent agreement from the USACE to use this area at least 9-12 months in advance of any planned dredging. • Lockwoods Folly Inlet & AIW W Crossing Maintenance Dredging and Beneficial Placement, conducted by the USACE Wilmington District. This includes near -shore disposal locations at approximately -10 ft MLW (see Figure 2). • Oak Island Sea Turtle Habitat Restoration Project, conducted by the USACE, which includes placement of beach compatible sands to construct an 8,900 foot long main fill section between 19th Place and East 58th Street. • Wilmington Harbor Navigation Project, conducted by the USACE, which included placement of approximately 2,318,400 cubic yards of material on Oak Island in 2001. c.(i) Do you claim title to disposal area? ❑ Yes 0 No ❑ NA As part of completing the projects described above, the Town. of Oak Island acquired easements from the affected properties for beneficial beach placement of dredged material. These easements are on file with the Town of Oak Island. The USACE Wilmington District has easements on file for the upland disposal site DA 284. The applicant will obtain a Consent Agreement from the USACE Real Estate Office prior to beginning construction. Should an easement be found to be problematic, the (ii) If no, attach a letter granting permission applicant will resolve the issue prior to beginning from the owner. construction. d. i Will a disposal area be available for future maintenance? 0 Yes ❑No ❑ NA ii If yes, where? Same locations e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑ CW ❑ SAV _ ❑ SB number of square feet affected: ❑ WL 0 None ii Describe the purpose of disposal in these areas: E i Does the disposal include any area in the water? 0 Yes ❑ No ❑ NA The nearshore disposal area is approximately fi 7,00 feet ii If es, how much water area is affected? longat Oak Island. RE OBG I JULY 20, 2018 - F[p IA I:\0ak-Island-T.26719\ 3 Dr g -P A\Docs\Reports\Application\DCM MP-02 with changes accepted M 3. SHORELINE STABILIZATION Not applicable. 4. OTHER FILL ACTIVITIES Not applicable. S. GENERAL S.a. Retention of fill excavated material and erosion control measures Temporary in -situ sand berms and dikes will be used during beach placement to facilitate settlement and retention of sand on beach and also allow water to re-enter the Atlantic Ocean. 5.b. Describe types of equipment to be used For dredging with beneficial placement, a cutterhead hydraulic dredge and pipeline, bulldozers, front- end loaders and other earth moving machinery will be used. For dredging without beneficial placement, dredges will be selected based on the following criteria: ■ Appropriate draft for inlet & channels ■ Exclusionary fittings for sea turtles and sturgeon (if hopper dredges are used that have sufficient suction head size and suction power to entrain sea turtles and sturgeon) ■ Sea -worthy beyond COLREGS line S.C. Will navigational aids be required as a result of the project Yes. Location management of U.S. Coast Guard (USCG) navigational aids will be by the USCG and will be coordinated prior to the commencement of maintenance dredging. Each applicant will coordinate aids placements with the USCG before, during and following a maintenance dredging event. 5.d Will wetlands be crossed in transporting equipment to project site No. From Form DCM MP-2 RECEIVED FEB 0 4 2019 MP SECTION WIRO OBG I JULY 20, 2018 FINAL 13 1:\Oak-Island-T.26719\63438. Dredge-Permit- A\flocs\Reports\APPlicatlon\DCM MP-02 with changes accepted ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Heather Coats Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division DATE: January 25, 2019 SUBJECT: CAMA Dredge/Fill Permit Application for Town of Oak Island Maintenance Dredging, Brunswick County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project area is located along 8.7 miles of oceanfront in the Town of Oak Island as well as within the USACE federally maintained Lockwoods Folly Inlet Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. l 13A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.)- The applicant proposes to obtain authority to dredge the federally maintained Lockwoods Folly Inlet and AIWW crossing (Tangent 11) including near -shore disposal and associated beneficial beach placement along 46,000' (8.7 miles) of oceanfront. The dredge proposal mimics the USACE template of the Civil Works project with the beneficial material placement on the oceanfront including the templates of the Wilmington Harbor Project and the Federal Consistency Turtle Project, the template provided under Permit No. 21-15 and a near -stare disposal area. Non -beach compatible material will be placed in USACE Disposal Area 0268. The application states any work conducted during established moratoria would have material placement in the near -shore disposal area or side -cast. The application states samples have been obtained from the dredge area showing the majority of the material is beach compatible. The applicant proposes a May I —November 15 moratorium, but states that if navigation needs arise, dredging may occur during this time. The NCWRC has reviewed the permit application and has the following comments regarding the project and its impacts to wildlife resources: Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 276 Telephone: (919)707-0220 • Fax: (919)707-0028 JAN 2 5 2019 CADF Town of Oak Island Winlaanw nrodging January 25, 2019 — The USACE project was established as a navigation project with beneficial placement. The Town's request to gain authority to implement the federal project should retain the projects navigation, not nourishment, focus. The NCWRC does not have significant concerns if the project is maintained as a navigation project with beneficial placement of material being done so as not to impact environmental resources. Oceanfront beaches on Oak Island provide suitable nesting, foraging and roosting areas for multiple shorebird species including piping plover (Charadrius melodus), red knot (Cafidrts caraitus rufa), Wilson's plover (Charadrius wilsonta), American oystercatcher (Haematopus palliatus), common tern (Sterna hirundo), gull -billed tern (Sterna nilotica), and black skimmer (Rynchops niger). Nesting birds are sensitive to increased human activity and other disturbances around their nesting areas. To limit unintended impacts to nesting bird species in and near the project area, all work on the oceanfront shoreline, including mobilization and demobilization for all oceanfront events, should adhere to the shorebird nesting moratorium from April I until August 31. The importance of the month of April should be recognized, particularly since critical habitat for piping plover (NC-16) is designated adjacent to Lockwoods Folly Inlet. The NCWRC has an established sea turtle nesting moratorium that reduces the potential for unintended impacts to nesting sea turtle species such as leatherback (Dermochelys cortacea), loggerhead (Caretta caretta), hawksbill (Eretmochelys imbricate), Kemp's ridley (Lepidochelys kempi), and green (Chelonia mydas) sea turtles. To avoid impacts to these species, all work on the oceanfront shoreline, including mobilization and demobilization for all oceanfront placement events, should be conducted outside of the sea turtle nesting season which runs from May I until November 15, or until the last known sea turtle nest has hatched Sand cola, grain size and overall material compatibility can impact nesting female sea turtles and sea turtle nests. Regular monitoring should occur to observe the quality of the material being placed on the beach, ensuring that the sand characteristics of the "native' beach are being maintained. Monitoring activities should include observations and samples throughout beach disposal activities to ensure the state criteria are met. If any deviations from accepted levels of beach compatible material are observed, placement of non -compatible material should stop, and no material be placed on the beach until it is deemed compatible. Undesired material placed on the beach should be removed — The pipeline alignment and placement of construction equipment on the beach may be done in a manner to minimize impacts to shore bird and sea turtle species. The applicant is encouraged to establish and post a construction area that minimizes disturbance adjacent the inlet. Review of proposed pipeline alignments can be performed by NCWRC staff. The NCWRC appreciates the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dumud 11cu dillife. ore DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Oak Island Maintenance Dredging APPLICANT'S NAME: Town of Oak Island c/o David Kelly LOCATION OF PROJECT SITE: The project site includes navigation maintenance dredging of Lockwoods Folly Inlet and AIWW Crossing Tangent 11 with beneficial placement of dredge material on approximately 8.7 miles of beachfront area in the Town of Oak Island and in a near -shore disposal areas, in and adjacent to the Atlantic Ocean, in Oak Island, Brunswick County. Photo Index: AIWW Tangent Crossing -2006: 1-6158:1-24, G-J 2000:4-42:1-24, L-M 1995: 4-32:1-24,0-U Lockwood Folly Inlet- 2006: 1-6158:6-7, K-L 2000: 4-42A-18, N-X 1995: 4-32:6-7,S-X Beachfront Placement Area - 2006: 8-6161 to 8-6168 Oceanfront Coordinates: Midpoint of beneficial placement area - Lat: 33° 54' 47.88"N Long: 78008' 55.56'1N 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Date of Multi Agency Scoping Meeting: 7/18/17 (w/ applicant) 5. PROCESSING PROCEDURE: Application Received - July 23, 2018 Complete- August 28, 2018 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Oak Island Classification From LUP- No classification for dry sand beach/General Project Area is classified as Developed (B) AEC(s) Involved: EW, PT, OH, IH (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - N/A Planned - None (F) Type of Structures: Existing - Commercial and Residential Planned - N/A (G) Estimated Annual Rate of Erosion: 2.0 ft./year Source - 2011 LTAASCR Update HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Intertidal/Subtidal (Open Water) AIWW/ Lockwoods Folly Inlet - 48 acres (B) Oceanfront Beach -160 acres (D) Total Area Disturbed: (-208 acres) ** Note: Typical Inlet and AIWW Crossing dredge volumes are listed on the MP-2 Form. ** Note: An additional nearshore disposal areas are described as 8,200 liner ft. in length adjacent to Oak Island with variable widths. RECEIVED SEP 2 6 2018 DCM-MHD CITY Town of Oak Island Maintenance Dredging (Lockwood Folly Inlet) RECEIVED Page Two SEP 2 6 2018 (E) Primary Nursery Area: No (F) Water Classification: SA Open: Yes DCM-MHD CITY 8. PROJECT SUMMARY: The Town of Oak Island proposes to obtain state authorization to continue federal navigation maintenance dredging in Lockwoods Folly Inlet and the AIWW crossing (Tangent 11) including near -shore disposal and associated beneficial placement (including USACE and locally authorized beach template disposal areas) on approximately 46,000 linear feet of the Oak Island oceanfront. 9. PROJECT DESCRIPTION: The project site includes Lockwoods Folly Inlet, AIWW crossing Tangent 11, the USACE beneficial placement template areas on the oceanfront section of Oak Island, including an adjacent near shore disposal location, and the western oceanfront shoreline of Oak Island authorized under State Permit No. 21-15. (Figure 2). The defined disposal area for this project begins at Parcel ID 233OA02402 (Western Beach Access) and ends at Parcel ID 250EA00102 (McGlamery Street). The proposed beneficial placement area is the oceanfront beach of Oak Island. To find the project site, travel south on US Highway 17 from Wilmington to NC Highway 906 just past Bolivia. Turn left on NC 906 and travel approximately 10.6 miles to Oak Island. Oak Island is flanked on the east end by Caswell Beach and the Cape Fear River and Lockwoods Folly Inlet on the west end. The island is adjacent to the Atlantic Ocean with the Atlantic Intracoastal Waterway (AIWW) separating the island from the mainland. The island is developed and is mostly residential. The high ground portion of the oceanfront beach is vegetated primarily with American Beach Grass (Ammophila breviligulata) and Sea Oats (Uniola paniculata). Historically, (USAGE) has maintained Lockwoods Folly Inlet as a marked navigation channel, providing commercial and recreational access to the Atlantic Ocean. Over the years, and with adequate funding, the USACE has been able to maintain the federal channel with their side -cast dredge fleet. Traditionally, they have maintained a depth of -12 ft. plus -2 ft. overcut in the AIWW Crossing and -18 ft. plus -2ft. overcut at the Inlet using the side -cast dredge. The last maintenance event was authorized in 2006 and material was placed on Holden Beach via pipeline. Periodic maintenance has become less frequent due to budget constraints, the shallow depth of the inlet and the amount of material that's held in the inlet system by the side -cast operations. In the event the USACE is not capable of maintaining the inlet, the Town of Oak Island would like to obtain approval to perform the navigation maintenance work and utilize the material for beneficial placement. The Lockwoods Folly Inlet and AIWW navigation maintenance areas (from where the sand is being removed) are located along the western and northwestern sides of Oak Island (see Figures 3.1-3.5). Lockwood Folly Inlet is located between Holden Beach and Oak Island. The project disposal site encompasses approximately 8.7 miles of oceanfront beach, including a section of beach the USACE has historically used for dredge material disposal from the Wilmington Harbor Project, the Sea Turtle Habitat Restoration Project, and a 3,148 ft. template area authorized under State Permit No. 21-15, which extends to 60"' Place West. The applicant has provided the USACE template for the 2000 Sea Turtle Consistency Project (see Attachment 3.7) which indicates that the approximate elevation of the tract above NHW was + 8 ft. NGVD at the top of berm at that time. The applicant has provided documentation of the Wilmington Harbor USACE template (see Attachment 3.8) which has a berm elevation set at +6 ft. NAVD88 throughout the project and varied berm widths. The Town of Oak Island was issued CAMA Major/ Dredge and Fill Permit #21-15 on February 13, 2015 for the dredging of 278,950 cubic yards of material from Eastern Channel and placement of beach -compatible material on the west end of Oak Island. This permit which was refined on March 2, 2015 for beneficial placement on 3,148 linear ft. of oceanfront shoreline extending from the driving beach access just west of 691" place West to 60"' place West. The average fill placement density was authorized to 72 cy/ft. along the entire length of the project area with an average beach fill width of 375 ft. and an average berm width of 125 ft. The berm was proposed at an elevation of +7 ft. NAVD88, but increased to +10 ft. NAVD88 at 6615-6623 W. Beach Town of Oak Island (Lockwoods Folly Inlet) Page Three Drive due to existing sandbags authorized on May 21, 2014 to protect threatened structures. Work was completed in the Spring of 2015 and the permit is scheduled to expire on December 31, 2018. The 8,200 ft. long nearshore disposal area is directly adjacent to Oak Island (Figure 2). The application does not discuss CAMA Minor Permit No. OI 17-11, which was issued on March 8, 2017 for dune creation on the oceanfront beach due to erosion from Hurricane Matthew. There has been concern regarding the compatibility of the material utilized to create the dunes. Figure 1 from the Post -Matthew Emergency Dune Restoration Project Post -Construction Draft Monitoring Plan outlines the areas where dunes were created on the oceanfront beach (Enclosed with Bio Report as Attachment B). The entire project disposal site is adjacent to residential and commercial properties as well as infrastructure for the Town. The long term annual erosion rate for the Town of Oak Island is 2 ft./year, per the Division of Coastal Management's 2011 Annual Erosion Rate maps. The Ocean Hazard AEC extends 180 ft. in the Project Area. The application includes a Cultural Resource Assessment that was submitted for the original SDI-5 projects in 2015 (See Attachment 5.1 and Appendix A coordination letters). The applicant states that impacts to cultural resources in the Lockwoods Folly Inlet Project Area are not anticipated and any identified shipwrecks will be avoided. The application also includes a Sediment Evaluation (Attachment 5.2), an expanded Biological Assessment, which includes regulatory correspondence from the original SDI-5 review, (Attachment 5.3), Essential Fish Habitat Summary (Attachment 5.4) and Recommended Conservation Measures (Attachment 6). The Town of Oak Island Land Use Plan does not have the dry sand beach classified; however, the upland areas of this project are classified as Developed. The waters of the project site are classified as SA by the NC Division of Water Resources. The NC Division of Marine Fisheries has NOT designated this area as a Primary Nursery Area (PNA), and the waters are OPEN to the harvesting of shellfish. 10. PROPOSED PROJECT: The Town of Oak Island proposes to obtain state authorization to continue federal navigation maintenance dredging of Lockwoods Folly Inlet and the AIWW crossing (Tangent 11) including near -shore disposal and associated beneficial placement (including USACE and locally authorized beach template disposal areas) on approximately 46,000 linear feet of the Oak Island oceanfront. In 2015 local stakeholders applied to conduct maintenance dredging for navigation for five Shallow Draft Inlets, including the Lockwoods Folly Inlet. The Town of Oak Island would like to obtain an additional permit for maintenance dredging of the Lockwoods Folly Inlet and associated AIWW crossing in addition to the permit that was issued,to the Town of Holden Beach on May 5, 2016 (State Permit No. 52-16). The County of Brunswick submitted a letter to this office on August 20, 2018 on behalf of the Town of Oak Island supporting this project proposal (Enclosed with Bio Report as Attachment A). The application states that the Town of Oak Island currently shares financial responsibility with the Town of Holden Beach and Brunswick County for USACE approved maintenance dredging and would coordinate with these partners to avoid duplication with future maintenance efforts. Ongoing federal navigation maintenance dredging programs at the inlets and AIWW crossings have been authorized and conducted since at least 1982. Should the U.S. Army Corps of Engineers (USACE) be unable to perform the program, the Town of Oak Island seeks additional authorization to continue year-round navigation maintenance in the inlet and AIWW crossing, which is critical to local commerce and recreation. The application states that maintenance dredging at each inlet would mimic the ongoing, approved (USACE) maintenance dredging program for each area, which includes the AIWW crossings, connecting channels and the inlet throats throughout currently authorized inlet linear distances beyond the COLREGS line (see Narrative). RECEIVED SEP 2 6 2018 r)rm-MHD CITY RECEIVED Town of Oak Island (Lockwoods Folly Inlet) SEP 2 6 2018 Page Four DCM-MHD CITY According to the application, the navigation maintenance dredging project area depths and dimensions will mimic the federally authorized project for Lockwoods Folly Inlet and AIWW Crossing Tangent 11 (see MP-2, Figure 2 and Attachment 3). Please note that the proposed maintenance project dredging template has been reduced to mimic the USACE template (Figure 2 and Attachment 3.2). The proposed template for beneficial placement on Oak Island includes both USACE placement template areas for the Wilmington Harbor Project and the Federal Consistency Turtle Project, the beach template authorized under State Permit No. 21- 15 and a near -shore disposal area (Figure 2). The application states that non -beach compatible material will be placed in USACE Disposal Area 0268 and any work proposed during the moratoriums will be done utilizing dredges capable of nearshore or side -cast disposal. The proposed Lockwoods Folly Inlet navigation maintenance dredging would occur within an area measuring approximately 4,100 ft. in length by 150 ft. in width to a maximum depth of -12 ft. at MLW (plus -2 ft. overcut) and the AIWW crossing navigation maintenance dredging would occur within an area measuring approximately 7,700 ft. in length by 90 ft. in width (along with an authorized 400 ft. widener along this stretch of the AIWW (see MP-2 D) to a maximum depth of -12 ft. at MLW (plus -2 ft. overcut). Although the authorized depths within the Lockwoods Folly Inlet are -12. Ft. at MLW plus -2 ft. overcut, the USACE has maintained the Lockwoods Folly Inlet Area to a maximum depth of —8 ft. at MLW (plus -2 ft. overcut). The application states that these proposed depths mimic the federally authorized depths within these areas and those authorized under the Town of Holden Beach SDI-5 project (see MP-2 Excavation and Fill Form). According to the application, typical AIWW crossing maintenance in this area excavates approximately 100,000 cubic yards and the typical Lockwoods Folly Inlet maintenance excavates approximately 65,000 cubic yards during each maintenance event. According to the applicant the authorized template for the oceanfront area includes an average berm width of 75-150 ft. at an elevation of +6 ft. NAVD88 and a natural slope to existing grade. The USACE template has a berm elevation set to +6 ft. NAVD88 (see Attachment 3.8). The application does not state an average fill placement density along the project area or provide current dune crest elevations. The application does state that the length of beneficial placement for each event will be based on the volume of dredged material, but will typically be about 2,800 linear ft. Easements for the beneficial placement locations have been previously acquired by the Town of Oak Island and are on file with the Town. Please note that the USACE is currently in consistency review to place material from Tangent 11 on the Oak Island Beachfront. The proposed adjacent near -shore disposal location template is located adjacent to Oak Island, in an area measuring approximately 8,200 ft. in length at variable widths and depths. According to the applicant this area is within the previously authorized USACE disposal template (see Figure 2). According to the applicant USACE has easements on file for the 21.5 acre Upland Disposal site (AIWW DA 0268) which would be used for incompatible material. The application states that the applicant will obtain a consent agreement from the USACE Real Estate Office prior to beginning construction. The application states that sediment characterization data was obtained for Lockwoods Folly Inlet and the AIWW crossing from five sampling events conducted between 1998 and 2014 (see Attachment 5.2). The sediment evaluation indicates that, based on vibracore data, the majority of material being removed from Lockwoods Folly Inlet would be compatible with the native beach. In the event that unsuitable (non -beach quality) material is encountered, the upland disposal site will be utilized. The application states that temporary in -situ sand berms will be used during beach placement to facilitate settlement and retention of sand on the beach which would allow the sandy material to settle out before the water re-enters the ocean. The Town proposes to continue the USACE's use of least cost method of disposal selecting from currently approved dredge material management locations, including shoreline beneficial placement, near -shore placement and/or upland confined disposal. (See Project Narrative). For dredging with beneficial placement, a cutterhead hydraulic dredge and pipeline, bulldozers, front end loaders and other earth moving machinery would be used. If beneficial placement is not included in a Town of Oak Island (Lockwoods Folly Inlet) Page Five navigation maintenance event other types of dredges will be considered (See MP-2 Excavation and Fill 5b). According to the applicant the entire project would follow the precise template of federally authorized projects except for the beach placement template authorized under State Permit No. 21-15. Conservation measures are suggested to meet the environmental window of November 16-April 30 for implementation of routine dredging activities to federally -authorized depths to the maximum extent possible, however the applicant also mentions dredge/beneficial placement activity outside of the environmental window when navigational needs necessitate inlet and crossing maintenance operations (see Narrative and Attachment 6). In summary, the proposed beneficial placement associated with navigation maintenance dredging activities would remain within the Town limits except for a near shore disposal location proposed adjacent to Oak Island. According to the applicant, all navigation maintenance excavation is consistent with federal projects thereby not exceeding the depth and width of the federal channel. As proposed, the entire project would overlap previously impacted areas along the oceanfront as well as previously dredged areas within Lockwoods Folly Inlet and the AIWW Crossing. 11. ANTICIPATED IMPACTS The proposed navigation maintenance dredging volumes are typically 65,000 yd3 within Lockwoods Folly Inlet and 100,000 yd3 within the AIWW Crossing. According to the applicant, fill densities will be event specific. The beneficial placement portion of the project would disturb a maximum of approximately 6,900,000 sq. ft. of oceanfront beach impacting areas below and above Mean High Water as a result of the nourishment activities. The proposed near -shore placement area is 8,200 ft. in length adjacent to Oak Island at variable widths and depths. Placement of sand on the beach would result in temporary mortality for intertidal micro fauna such as crabs and worms. Placement of material below the MHW boundary would result in temporary turbidity within the nearshore waters of the Atlantic Ocean; potentially affecting fish and aquatic life in the project area at the time. Limiting the work to the winter season should reduce potential adverse impacts to fish communities. There may be some impact to sea turtle nesting as a result of this project and there has been concern regarding the compatibility of the material utilized to create the dunes during the 2017 Dune Restoration Project. The Town is currently coordinating with US Fish and Wildlife to monitor potential impacts from placement of non -compatible material during that project. Beach compaction should be monitored and tilling should be required to reduce the likelihood of impacting sea turtle nesting and hatching activities. Public use of the beach during the beach fill process would be limited to some degree. The project would serve to provide authorization for the Town of Oak Island to continue the federal navigation maintenance dredging program at Lockwoods Folly Inlet and AIWW crossing Tangent 11. In addition, approximately 21.5 acres of high ground has been proposed for unsuitable material at the USACE DA 0268 disposal site. The application states that actual disturbed areas and volumes of material will be a summation of the locations within the channels that need to be dredged for navigation at a given time but the length of beneficial placement areas will typically be approximately 2,800 linear ft. with a berm width of 75-150 ft. at an elevation of +6 ft. NAVD88. Submitted by: Tara MacPherson Date: September 7, 2018 Office: Wilmington RECEIVED SEP 2 6 2018 DCM-MHD CITY MAILING ADOREss: Posy OFncE Box 249 BoLw A, Norm CAROLINA 29422 To Whom It May Concern: a10 A COUNTY OF BRUNSWICK OFFICE OF THE COUNTY COMMISSIONERS BRuNsmcK Courm GovERNnmar Co rrm TELEPHONE BouvlA, Norm CARouNA 28422 (910) 253-2000 (900) 442-7033 (NC) TELECOPY (910)253-2004 August 6, 2018 At the request of the Town of Oak Island, the Brunswick County Commissioners wish to express full support for the Town's effort to secure an SDI-5 permit for Lockwood Folly inlet, which would give the Town of Oak Island authorization to dredge Lockwood Folly inlet to its current federal authorized dimensions. We are aware that the Town of Holden Beach already holds an identical permit, and we support the Town of Oak Island's application to be a permit holder as well. Dredging the Lockwood Folly Inlet for navigational purposes is of interest to not just Oak Island and Holden Beach, but to other towns and unincorporated areas in the County. Allowing for sand placement on both of the towns adjacent to the inlet provides more options for keeping the inlet dredged while also providing a way for the towns to share beach -quality sand, an important natural resource that can benefit both of their beaches. If both towns are permit holders, it would seem that the sand from future dredging projects would need to be allocated between the two towns on a rational and equitable basis. It is likely that the most cost-effective way to allocate material placement would be by alternating between the islands on subsequent projects rather than placing sand on both islands in the same project. The two towns have begun the conversation regarding reaching a mutually -beneficial agreement, and the County will gladly continue to facilitate these meetings and assist in any way possible. Brunswick County encourages cooperation between municipalities and collaboration on projects that provide benefits on a regional level. If you have any questions or need additional information, please let us know. Si rely, Frank Chairman Brunswick County Board of Commissioners RECEIVED AUG 2 0 2018 RECEIVED SEP 2 6 2018 DCM WILMINGTON,9,km-MHD a: a ,_ ,, e �;�- ` �i � y J -Y--T�jj�� -� F �v. f, r f ` tl��l1 "r.� s ._ .i �s a. � 1. r �k>� x; , � > ;, �` � - . zr= � � .�:. „' v' h y� � a ,ri v o i. Vl v M Y 1 _ .. igr'Y�O19M" � ei.4l.fIl111G4N M'I 1.. PROJECT NARRATIVE In 2015, the local stakeholders for five shallow draft inlets - Bogue, New Topsail, Carolina Beach, Lockwoods Folly, and Shallotte River Inlet (identified as the SDI-5) - and associated Atlantic Intracoastal Waterway (AIWW) crossings on the southeast North Carolina coast submitted a N.C. Coastal Area Management Act (CAMA) Major Permit application to the N.C. Department of Environmental Quality (NCDEQ) Division of Coastal Management (DCM) for conducting maintenance dredging for navigation. The permit application was a joint application forthe state and federal approvals required to conduct this maintenance dredging. Permits were issued for the municipalities associated with the five inlets in May 2016. The applicants for these permits were five local governments adjacent to the inlets, who wished to obtain major CAMA permits to continue the ongoing federal navigation maintenance dredging program at the inlets and the AIWW crossings, which is currently conducted by the United States Army Corps of Engineers (USACE) Wilmington District The federal program has been authorized and conducted since at least 1982, and is currently funded by the State of North Carolina, or a combination of State and local funds. The local governments applied for these permits to continue year-round navigation maintenance in the inlets, which are critical to local commerce and recreation, should the USACE Wilmington District be unable to perform the program for some reason. The Town of Oak Island was not included in the SDI-S permit application, but would like to obtain a similar permit for maintenance dredging for the Lockwoods Folly Inlet and associated AIWW crossing to protect their financial investment in maintaining inlet navigability. This is intended as a backup to the maintenance dredging permit that has been issued to the Town of Holden Beach pursuant to the SDI-5 application. The Town of Oak Island currently shares financial responsibility with the Town of Holden Beach and Brunswick County for the maintenance dredging that is currently performed by the USACE, and would coordinate with these partners to avoid duplication for future maintenance efforts, if required. The authorized maintenance dredging at Lockwoods Folly Inlet would mimic the ongoing, approved USACE maintenance dredging program, which includes the AIWW crossings, connecting channels, and the inlet throat out through the currently authorized USACE inlet linear distances beyond the COLREGS line. This inlet has typically needed maintenance on a roughly quarterly basis by the USACE Wilmington District, and AIWW Crossing maintenance has typically been needed every 1-2 years. The Town of Oak Island would continue this maintenance schedule to the extent practical, in coordination with the Town of Holden Beach and Brunswick County, and subject to the navigational needs of the inlet The Town of Oak Island would continue the USACE Wilmington District's use of the least -cost method of disposal, and would select from currently -approved dredge material management locations, including shoreline beneficial placement, nearshore placement and/or upland confined disposal. The project area for the Lockwoods Folly Inlet is depicted in Figure 1. The Proposed Action includes the AIWW Crossing wideners maintained by the USACE Wilmington District, as summarized in the following excerpted table: Table 1. Proposed AIWW Inlet Crossing Wideners AIWW DESCRIPTION WIDENER AREA LENGTH (ft)1 I WIDTH (ft) 2 I c wa rvny unxss I •.ul,c rr:a. n,vcr uum nrvv I __ I I awu iuw ,w 1vuvl I uu Notes: 1- Distance measured parallel to AI W W from approximate center of the inlet crossing 2 - Distance measured perpendicular to AI W W 3 - Width of main easterly widener toward inlet; number in parentheses is the length (parallel to AIWW) at the indicated width Source: Envlronmenta/Assessment Channel Wldeners atlnlet Crossings, Atlantic Intracoastal Waterway (AIWW), North Carolina. USACE Wilmington District Wilmington, NC. December 199Z As a result of the ongoing nature of local stakeholder projects, many studies of environmental effects have been conducted over time. These existing studies were obtained and summarized for the Major CAMA Permit for SDI-5 Maintenance Dredging, (OBG, 2015). The Oak Island permit application will provide these same attachments, modified to include information specific to Oak Island: • Cultural Resource Assessment RECEIVED RECEIVED Biological Assessment ■ Sediment Evaluation • Essential Fish Habitat Assessment AUG 2 8 2018 SEP 8 DCM WILMMOTON, NC OBG 11ULY 20, 2018 DCM-Mvil .I� 1:\Oak-Island-T.26719\63438.Dredge-Permit- A\Dots\Reports\APPlication\Project Narrative.docx To the extent practical, routinely scheduled dredging activity would be implemented during the environmental window for dredging and shoreline beneficial reuse that is used by the USACE Wilmington District for AIW W Crossing projects (November 16 to April 30) to limit the potential effect on federally -managed species. When navigational needs necessitate inlet and crossing maintenance operations outside the environmental window, dredges that are capable of nearshore or side -cast disposal would be used to avoid potential impacts from beneficial placement Should beneficial placement be needed outside the environmental window, the permittee would independently coordinate with NCDCM through the minor permit modification process. RECEIVED RECEIVED AUG 2 S 2018 SEP 2 6 2018 OBG 1 JULY 20, 2018 GDCM-MHD CITY DCM WILMINGTON, NC PAGE 2 IA0ak-Island-T.26719\63438. Dredge-Permit- A\Docs\Reports\Application\Project Narrative.dacx 1911111 NP4 APPLICATION for Maier Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. primary Applicant/ Landowner Information Business Name Town Of Oak Island Project Name (if applicable) Applicant 1: First Name Gene MI Last Name Kudgus Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address 4601 E. Oak Island Drive PO Box City Oak Island State NC ZIP 28465 Country USA Phone No. 910 - 201 - 8043 ext. FAX No. 910 — 278 - 9556 Street Address (if different from above) City State ZIP Email stormwater@ci.oak-island.nc.us 2. AgetWConti actor Information Business Name O'Brien & Gere Engineers, Inc. Agent/ Contractor 1: First Name MI Last Name Michael S Hall Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 3214 Charles B. Root Wynd, Suite 130 Raleigh NC ZIP Phone No.I Phone No. 2 27612 919 - 987 - 3090 ext. ext. FAX No. Contractor # 919 781 4360 Street Address (if different from above) City State ZIP Email Michael. Hall@obg.com <Form continues on back> m m%,Gm V GV 5EP 262018 RECEIVED AUG 2 8 2018 "h WILWNGTON, NC n Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick Lockwoods Folly Inlet, AIWW Crossing Subdivision Name State Zip r0'akIsland NC 26465 - Phone No. Lot No.(s) (d many, attach additional page with list) - - ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Lockwoods Folly Inlet, Atlantic Ocean, Lockwoods Folly River, AIWW, Eastern Channel c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ®Manmade ❑Unknown Lockwoods Folly Inlet, Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Oak Island 4. Sft Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) -46,000 feet -46,000 ft x 150 ft =-7,000,000 square feet =- 160 acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) 5 feet (NAVD) ONHW or ❑NWL e. Vegetation on tract Beach grasses, sea oats, and sedges. f. Man-made features and uses now on tract The tract includes public beach and man-made dunes. The beachfront is utilized for recreational activities. The inlet and AIWW are used for commercial and recreational boating and contain channel marking. The template begins near the west end of Oak Island, at the parking area inside the inlet. g. Identify and describe the existing land uses adiacen to the proposed project site. The existing land uses adjacent to the proposed project include single and multifamily residential properties, commercial businesses, and community access to the beach front. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Residential (7-moderate density and 6A-higher density) (Attach zoning compliance certificate, if applicable) and Commercial Recreation (CR) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the trait? If yes, attach a copy. ®Yes []No ❑NA If yes, by whom? See Attachment 5.1 - Cultural Resource Assessment for sections K and L. I. Is the proposed project located in a National Registered Historic District or doeiRECIOWED ®Yes ®No 9AtCEIVED National Register listed or eligible property? SEP 2 6 2018 AUG 2 S 2018 252-808-2808 :: 1-888-4RCOAST :: wtt&f j1nP0MOrirage et LJI+ 1IVv�tnn Bb11�/ILMINGTON, NC Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA p. Describe existing storm water management or treatment systems. NA 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Lockwoods Folly Inlet is a shallow -draft inlet that allows for various -sized vessels to navigate from the AIWW to the Atlantic Ocean for commerce, fishing, and recreation. Beach -quality material removed from the inlet that is beneficially placed on the neighboring beach will maintain recreational beach area, restore existing dunes, and provide storm protection to public and private infrastructure. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. For dredging with beneficial placement, typical beneficial placement methodology will be used, which includes using a cutterhead hydraulic dredge and pipeline to convey sediment to the beach, and using bulldozers, front-end loaders and other earth moving machinery to shape the sediment. For dredging without beneficial placement, dredges will be selected based on the following criteria: * Appropriate draft for inlet & channels * Exclusionary fittings for sea turtles and sturgeon (if hopper dredges are used that have sufficient suction head size and suction power to entrain sea turtles and sturgeon) * Sea -worthy beyond International Regulations for Preventing Collisions at Sea (referred to as COLREGS) demarcation line. d. List all development activities you propose. Dredging of the Lockwoods Folly Inlet, connecting channels, and AIWW Crossing will result in beneficial placement on Oak Island beaches, using previously -authorized beneficial placement locations from USACE and locally -permitted projects. e. Are the proposed activities maintenance of an existing project, new work, or both? Existing f. What is the approximate total disturbed land area resulting from the proposed project? The actual disturbed land area will be a summation of the locations within the channel that need to be dredged for navigation at a given time, and the volume of that material that is beneficially placed or disposed. See Figure 2 for potential on -shore disturbed land areas, and form MP- 2 for dredging dimensions. ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway bM=E qRYes ❑No ❑NIRECEIVED that the public has established use of? SEP 2 6 2018 AUG 2 S 2018 252-808-2808 :: 1.888-4RCOAST :: wv�.,rm-"♦ j 4TaMagement.net Uvv �rw�r DCM WILMINGTON. NC Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit h. Describe location and type of existing and proposed discharges to waters of the state. Discharge of dredge slurry removed from the inlet/AIWW templates. wastewater or stormwater be discharged into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. 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. Name Lloyd Jr and Patricia 8umgamer, Parcel ID: 233OA02402 NAnre li Address 1010 Cranes Creek Road, Cameron, NC 28326 Name David & Amy Dawson; Parcel ID: 250EA00102 Phone No. Address 1101 Firethorne Club Dr, Waxhaw NC 28173-6519 tYss Phone No. Adirtas g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. NC DNR&CD issued concurrence letters to the USACE USACE Wilmington District consistency determination - Wilmington District- 1/12/1979 and 1/24/1980. Purpose: inlet 2/25/1980. Purpose: maintenance dredging within the AIWW maintenance dredging at Lockwoods Folly Inlet USACE Wilmington District consistency determination USACE Wilmington District consistency determination (8/4/1980) and Consistency concurrence issued by NCDNR (6/29/1984) and Consistency concurrence issued by NCDNR & CD (9/2511980). Purpose: Lockwood Folly River ANVW & CD (7/16/1984). Purpose: adding an additional disposal Crossing project (dredging and upland disposal) area for dredging Lockwoods Folly Inlet NC DENR Permit #21-15 (2/13/2015) for Major Development in USACE consistency determination (2/17/15) and concurr- rED an Area of Environmental Concern pursuant to NCGS 113A- issued for Oak Island NC DENR Permit 118 and Excavation and/or filling pursuant to NCGS 113-229 No. SAW-2014-02180). (dredging of Lockwoods Folly Inlet and on -shore disposal). S P 262�18 h. Signed consultant or agent authorization form, if applicable. Q' I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) RECEIVED 'Y AUG 2 8 2018 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanageme t net ACM WILMINGTON, NC Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the hest of my knowledge. Date i-I'3—ZL)rSr Print Name 3AVIJO kCit,`( -ice Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED RECEIVED SEP 2 6 2018 AUG 2 8 2018 D M-MHD CITY DCM WILMINGTON, NC 252-808-2808 :: 1.888-4RCOAST :: www.neeoastalmanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 17. Certification and Permission 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 to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED SEP 2 6 2018 RECEIVED AUG 2 8 2018 DCM-MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www. nccoasta l management. net ' C DCM MP-2 EXCAVATION AND FILL INFORMATION The following sections comprise application form MP-2. Dimension Lockwoods Folly Inlet Length AIW W: 7,700 it Lockwoods Folly Inlet: 4,100 ft Width' AIWW:90 ft Lockwoods Folly Inlet: 150 R Approx. Maintained Navigation Area (Includes Wideners) —46 acres Average Existing Depth (Federally authorized depths) AIW W: -12 ft MLW Lockwoods Folly Inlet: -12 ft MLW Final Project Depth (Includes Allowable Over -depth) AIWW: -12+2 ft MLW Lockwoods Folly Inlet: -12+2 ft MLW 1.a. Excavation from below NHW or NWL in cubic yards AIWW: 100,000 (typical2) Lockwoods Folly Inlet: 65,000 'See widener limit table in the Project Narrative for widener dimensions. Dimensions included in maintained navigation area. 2 Typical excavation in inlets assessed by analyzing USACE Wilmington District dredge plant records for the Fry and the Merritt from 2005-2012. Typical AIW W Crossing dredging volume provided by USACE Wilmington District personnel. 1. EXCAVATION a. Amount of material to be excavated from See table above for approximate typical excavation quantities, below NHW or NWL in cubic yards which were prepared based on SDI-5 maintenance dredging records provided by the USACE Wilmington District for dredge plants Fry and Merritt for fiscal year 2005 through 2012. Maximum excavation volumes will be event -specific and dependent on the amount of material that needs to be excavated to maintain navigation. b. Type of material to be excavated Sand c. Does the area to be excavated include Benthic habitats mapped in the vicinity of the project areas are coastal wetlands/marsh (CW), submerged depicted in the Essential Fish Habitat Summary figures aquatic vegetation (SAV), shell bottom (Attachment 5.4). (SB), or other wetlands (WL)? If so, None of the inlet excavation areas include CW, SAV, or WL. provide number of square feet affected, Because the Proposed Action entails maintenance of existing and the purpose of excavation in these navigation channels, the areas of shell bottom depicted in areas. Attachment 5.4 are not considered to be applicable within existing navigation channels. d. High ground excavation in cubic yards NA DOG I JULY 20, 2018 RECEIVED RECEIVED AUG 2 8 2018 SEP 2 6 Z018 DCM WILMINGTON, NC DCM-MHD CITY FINAL 11 I:\Oak-Island-T.26719\63438.Dredge-Permit- A\Docs\Report \Application\DCM MP-2 July 2018.doa 2. DISPOSAL OF EXCAVATED MATERIAL a. and b. Location of & dimensions of disposal areas: The potential beach placement area begins on the west end of Oak Island at the western beach access (Parcel ID 2330A02402), and ends at McGlamery Street (Parcel ID 250EA00102) (Figure 1). The typical profile for the proposed placement comprises a berm width of 75-150 feet (depending on local erosion patterns) at an elevation of El. +6.0 NAVD, and a natural slope to existing grade. The proposed placement area is comprised of the following previously authorized projects, which have beneficially placed material in the footprint delineated on Figure 1. The total length of proposed beneficial placement area is approximately 46,000 feet. The length of actual beneficial placement in each event will be based on the volume of dredged material, but will typically be approximately 2,800 feet • Oak Island Excavation and Sand Placement Project, GP-291 (NC DENR Permit #21-15), conducted by the Town of Oak Island. This includes dredging of Lockwoods Folly Inlet and placement of 226,575 cubic yards of fill along Oak Island beach. • Upland Disposal Site # AIW W DA 0268, existing diked upland disposal site recommended for use for incompatible material by USACE Wilmington District. Site is approximately 21.5 acres. • Lockwoods Folly Inlet & AIW W Crossing Maintenance Dredging and Beneficial Placement, conducted by the USACE Wilmington District. This includes near -shore disposal locations at approximately -10 ft MLW (see Figure 2). • Oak Island Sea Turtle Habitat Restoration Project, conducted by Oak Island, which includes placement of beach compatible sands to construct an 8,900 foot long main fill section between East 26th Place and East 58th Street. ■ Wilmington Harbor Navigation Project, conducted by the USACE, which included placement of approximately 2,318,400 cubic yards of material on Oak Island. c.(i) Do you claim title to disposal area? ❑ Yes ®No ❑ NA As part of completing the projects described above, the Town of Oak Island acquired easements from the affected properties for beneficial beach placement of dredged material. These easements are on file with the Town of Oak Island. The USACE Wilmington District has easements on file for the upland disposal site. The applicant will obtain a Consent Agreement from the USACE Real Estate Office prior to beginning construction. Should an easement be found to be problematic, the (ii) If no, attach a letter granting permission applicant will resolve the issue prior to beginning from the owner. construction. d. i Will a disposal area be available for future maintenance? 0 Yes ❑No ❑ NA ii If ves, where? Same locations e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the ❑ CW ❑ SAV _ ❑ SB number of square feet affected: ❑ WL EINone ii Describe the purpose of disposal in these areas: f. i Does the disposal include any area in the water? 0 Yes ❑ No ❑ NA The nearshore disposal area is approximately 200 Je ii If es, how much water area is affected? longat Oak Island. FFtt EF�IVVEE D RECEIVED AUG 2S2018 OBG I JULY 20, 2018 SEP 2 S 2018 FINAL 12 I:\Oak-IsIaDC�VMMlNQ'J5"j NC A\Doa\Reports\Application\DCM MP-081618.docx DCM-MHD CITY 3. SHORELINE STABILIZATION Not applicable. 4. OTHER FILL ACTIVITIES Not applicable. S. GENERAL S.a. Retention of fill excavated material and erosion control measures Temporary in -situ sand berms and dikes will be used during beach placement to facilitate settlement and retention of sand on beach and also allow water to re-enter the Atlantic Ocean. S.b. Describe types of equipment to be used For dredging with beneficial placement, a cutterhead hydraulic dredge and pipeline, bulldozers, front- end loaders and other earth moving machinery will be used. For dredging without beneficial placement, dredges will be selected based on the following criteria: ■ Appropriate draft for inlet & channels ■ Exclusionary fittings for sea turtles and sturgeon (if hopper dredges are used that have sufficient suction head size and suction power to entrain sea turtles and sturgeon) ■ Sea -worthy beyond COLREGS line S.c. Will navigational aids be required as a result of the project Yes. Location management of U.S. Coast Guard (USCG) navigational aids will be by the USCG and will be coordinated prior to the commencement of maintenance dredging. Each applicant will coordinate aids placements with the USCG before, during and following a maintenance dredging event S.d Will wetlands be crossed in transporting equipment to project site No. From Form DCM MP-2 Date 1 I !o ZGI Roiect Name Oak Island Maintenance Dredging OBG 1 JULY 20, 2018 Applicant Name David Kelly II Appacay Si re I� RECEIVED RECEIVED SEP 0 6 2018 SEP 2 6 2018 DCM WILMINGTON, NC FINAL 13 I:\Oak-Island-T.26719\63438. Dredge-Permit- OCM-MHD CITY A\Does\Reports\Application\DCM MP-081618.dou 3.1. USACE Wilmington District; Lockwoods Folly Inlet Dredging Authorization; September 30, 1985 3.2. USACE Wilmington District; Lockwoods Folly Inlet Crossing Location & Disposal Area; August 1, 2013 3.3. USACE Wilmington District; Plan -View of Dredging and Bathymetry at Lockwoods Folly Inlet Crossing, Tangent 11; February 11, 2014 3.4. USACE Wilmington District; Hydrographic Survey of Lockwoods Folly Inlet & AIWW Crossing, with Dredging Locations; July 18, 2014 3.5. USACE Wilmington District; Plan -View of Lockwoods Folly Inlet Crossing Widener; December 1997 3.6. USACE Wilmington District; Sea Turtle Habitat Restoration, Oak Island NC; December 1998 3.7. USACE Wilmington District; Sea Turtle Habitat Restoration, Oak Island NC; October 2000 3.8. USACE Wilmington District; Wilmington Harbor Dredging; February 2018 Attachment 3 Dredging and Beneficial Design Plats at Lockwoods Folly Inlet a 51 M RECEIVES AUG 2 7 DCM WILMINGTOF 066 6 CEP L b [016 THERE's A WAY nrnn_MHD CITY