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HomeMy WebLinkAbout16-18 VBHI and EverhartPermit Number 16-18 iPermit Class l NEW Issued to STATE OF NOR TH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit RECEIVED FEB 19 2018 DCM- MHD CITY for X Major Development in an Area of Environmental Concern pursuant toNCGS 113A-118 RECEIVED X Excavation and/or filling pursuant to NCGS 113-229 FEB 21 2018 & David Authorizing development in Brunswick County at Wynd & 113 Ligh ho ise Landing- Bald Head Island, as requested in the permittee's application dared 922/17 (R-1) and 10/27/17 (MP-2) including the attached workplan drawing (1) dated 10/30117. This permit, issued on February 12, 2018 , 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 subiect to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) The following listed individuals or entities are a party to this permit in accordance with documentation provided by the applicant: a. The Village of Bald Head Island c/o Chris McCall, Village Manager - PO Box 3009, Bald Head Island, NC 28461 b. Shirley and David Everhart, 805 John Morgan Road, Gold Hill, NC 28071 (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, 2021 Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. 'V"- P/- a6w� FvR- Braxton . Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee VBHI/ Shirley and David Everhart a. Permit No. 16-18 Page 2 of 3 ADDITIONAL CONDITIONS Shoreline Stabilization 2) Unless specifically altered herein, this permit authorizes the installation of the geotextile fabric and riprap armament, repair and replacement of aggregate sock stabilization, the temporary construction access, and the grading and other land disturbing activities associated with the construction of the shoreline stabilization project, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 3) The alignment of the geotextile fabric, riprap and repaired/replaced aggregate socks shall adhere to the alignment depicted on the attached workplan drawings. 4) The riprap and aggregate socks shall be free from loose dirt or any pollutant. They shall be of a size and design sufficient to prevent their movement from the approved alignment by wave or current action. 5) . The riprap material shall consist of clean rock or masonry materials such as but not limited to granite, marl or broken concrete. U.S. Army Corps of Engineers Conditions 6) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in 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. 7) 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 in 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 fill activities connected with this project. 8) 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. 9) 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 or the State of North Carolina. I� 13 VBHI/ Shirley and David Everhart _PPermit gNo. 16-18 ADDITIONAL CONDITIONS FEB 19 2018 Sedimentation and Erosion Control DCM- MHD CITY 10) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 11) Appropriate sedimentation and erosion control devices, measures or struc shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses EQ'j>_eRI( gdilt fence, diversion swales or berms, etc.). 0 V u FEB 21 20�R 12) A ground cover sufficient to restrain erosion shall be provided within 3 calendar days oicompletion of any phase of grading on cut or filled slopes. uU Ili.. "HD CITY General NOTE: This project area discharges to waters that are typically open to the harvest of shellfish. The Village of Bald Head Island is asked to promptly notify the N.C. Division of Marine Fisheries - Shellfish Sanitation and Recreational Water Quality Section by phone (252-726-6827) or by email (andrew.haines@ncndenr.gov) whenever stormwater or floodwaters are discharged via this drainage network to Bald Head Creek so that the effects of the discharge can be assessed on surrounding bacteriological water quality and a determination can be made as to whether a temporary closure of nearby shellfishing waters will be necessary. 13) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 14) 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. 15) The pemuttee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 2013 0607v2. NOTE: The U.S. Army Corps of Engineers assigned the proposed project Action Id. No. SAW-2013- 00407. y� r DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: 4�a Type: (check all that apply) New )_ Major Mod_ Permit# Minor Mod_ Renewal_ Transfer. Permit Coordinator: Field Re Date Time Message �1/7/ ($ R,v I ew eA pv, eci (nl/ Q�uoi Gor i'rrn eG{ 1 hc�� ,1✓J"b(l C ` E'1 AtSt ITCGvS 1 ✓1 COn/�/C✓U�q•'�Li/j S,C,.� 0.N w fniizln, SG��{.t-te }9 �r Sent G(J-GITi e` "` ,!W/To Ar r(v I'nA) vl' emd , DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Village ojBHI and David & Shirley Everhart COUNTY: Brunswick PROJECT NAME: Bald Head Island Drainage Way LOCATION OF PROJECT: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-26-17 ✓✓ FIELD RECOMMENDATION: Attached: NO CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Tara a Pherson /� DISTRICT MANAGER REVIEW: �t B) DATE RECEIVED BY MAJOR P TS UNIT: PUBLIC NOTICE REC'D: 11-9-17 � 3i vN o, „jt h 7 ADJ. RIP. PROP NOTICES APPLICATION ASSIGNED C) 75 DAY MAIL OUT DATE: 11-6-17 FEDERAL DUE DATE: i;,j S16N'w=f 11',Ag/0 To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $400 #61499 I10/10 .✓ END OF NOTICE DATE: 11-30-17 e<" DEED REC'D: I I 1 ON: 150 DAY DEADLINE: STATE DUE DATE: 11-30-17 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance 11 (7 Division of Coastal Management-LUP Consistency 1/1 & l 8 Public Water Section (DWR) (I (3 t7 Land Quality Section (DEMLR) Division of Water Resources - 401 Section ) Z /Z V1-7 3 C(r D) ✓ Z Storm Water Management (DEMLR) I I S 17 ✓ State Property Office 1 I Z'Z%l 7 / Division of Archives & History (i ( 7 Division of Marine Fisheries - Shellfish Section No{ -CA. i'o.SF i)rsW Division of Highways (NCDOT) 1 I Zr1 (7 Wildlife Resources Commission 17171111 Local Permit Officer 11 A 7117 /REGEIVED Dept. of Cultural Res / Underwater Archaeology Division of Marine Fisheries - DCM I l ly (7 2017 Corps of Engineers - Regulatory Branch n DC M' M H Q CITY i W Recommendations for State Permit — BHI Outlet Ditch Stabilization 11/3/17 It appears the proposed project is consistent with the Management Objective and Use Standards of 07H .0207 (Estuarine Waters) and 07H .0208 (Public Trust Areas) as well as those of 07H .0209 (Coastal Shorelines). As such, this office has no objection to the proposed work. M4 MEMORANDUM To: Heather Coats From: Michael Christenbury, Wilmington District Planl4f Subject: Consistency Determination, Major Permit Application, — David and Shirley Everhart, Bald Head Island, Brunswick County Date: January 18, 2018 The applicant is proposing toad Class-1 rip -rap with new geotextile fabric within an existing drainageway outlet ditch, remover and replace the existing geotextile fabric and aggregrate sock "soft" shoreline stabilization and the wooden headwall at the existing outfall pipe. The project is located at 103 N. Bald Head Wynd and 113 Light House Wynd adjacent to Bald Head Creek in the Village of Bald Head Island in Brunswick County. - Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PT. The area is open to the harvesting of shellfish and is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Bald Head Island Land Use Plan and offer the following comments. The general area of the project is classified as Medium Density Residential and Mixed Use. In general, Bald Head Island allows development which is consistent with the State's minimum use standards. The Village of Bald Head Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these policies appear to be applicable to this proposal. This project is consistent with the Village of Bald Head Island Land Use Plan. Cc: File Coastal Management ENVIRONMENTAL QUALITY November 6, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats<cilncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: %C This agency has no objection to the project as proposed. "Additional comments 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 I AlvV � tk S I'r_v' DATED 11i7Ij7 State of North Carolina I Environmental Quality [ Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 —J cu Coastal Management ENVIRONMENTAL QUALITY 6C1' ROY COOPER Oovemor MICHAEL S. REGAN secretory BRAXTON DAVIS Dlrecmr November 6, 2017 Npv TO: Heidi Cox oviso. no�4 % Regional Engineering Supervisor Wi P�te"be2o0 u%r,PublcWteSupply-WiRO f%n rslj FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDocdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments 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 cdl/i P^t. /t �P C DATED / RECEIVED DCM WILMINGTON, NC State of North Carolina I Envirunmcntal Quality I Coastal Management 127 Cardinal Drive Exl, Wilminglon, NC 28405 NOV 13 Z017 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY November 6, 2017 TO: FROM: SUBJECT: Applicant: Project Location: pig ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director Dan Sams NOV District Manager-DEMLR 7��� Wilmington Regional Office By Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cilncdenr.00v Fax: 395-3964 [C nuo er.`04-16 33) CAMA / Dredge & Fill Application Review Village of Bald Head Island David and Shirley Everhart between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below our agency's position or viewpoint on the proposed project and r to urirfhis forrti.fo:Heather,Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments 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. e SIGNED DATED I -Ay y z-Dt7 RECEIVED DCM WILMINGTON, NC Stale of North Carolina I Environmental Quality J Cbastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 NOV y 3 2017 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY °November 6, 2017 SUBJECT: Applicant: Chad Coburn 401 Wetlands DWR-WiRO ,,Z�V3t�7VPER Governor MICHAEL S. REGAN Secretary �gp+p.�+�/p; paps q�flayp B�pR1�TAXTON DAVIS RECEI'VEDINCD4;RRIDW Director NOV 0 12917 Water Quality Regional OPOraOns ection Wilmington Regional Office I Heather Coats, Assistant Major Permits Coordinator o NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.gov Fax: 395-3964 (Couiie 09-16-3i CAMA / Dredge & Fill Application Review Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project. to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and efum this form to Heather Coat at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. clot ivo-C. wrt is /9 /9 cce— REPLY: '✓ This agency has no objection to the project as proposed. "Additional comments 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. 1This agency objects to the project for reasons described in the attached o ents. SIGNED DATED ISlwf aot� RECEIVED DCM WILMINGTON, NC DEC 2 12017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 0 Coastal Management ENVIRONMENTAL QUALITY ;Nov/e ber 6, 2017 O: FF1OM: SUBJECT: Applicant: Georgette Scott Stormwater Section DEMLR - WiRO ROY COOPER Govern., MICHAEL S. REGAN Secretary ECEIVE NOV 0 7 2017 tkr. BRAXTON DAVIS Direra. Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management ��AVI L 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa),ncdenr.gov Fax: 395-3964 (Courier 04-16-33) CAMA / Dredge & Fill Application Review Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: _Z This agency has no objection to the project as proposed. EA{t� /J� "*Additional comments may be attached" `rs.pYT iecf does o �2v Ze tlo_ cv¢rall 25°fo low den&-1 ru(e5 , ih-h�c in o-F ff&i6le� /5 This agency has no comment on the proposed project. a/ii we01. 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. SIGNEDgZ DATED / 8 RECEIVED State of Ninth Carolina l Environmental Quality I Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Ent,, Wilmington, NC 28405 910-796-7215 NOV 15 2017 k�­ Coastal Management ENVIRONMENTAL QUALITY November 6, 2017 TO: Tim Walton Dept of Administration State Property Office NOV 0 9 2017 DOA STATEPROPERTY ^rFICE ROY COOPER Governor MICHAEL S. REGAN .Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats().ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments 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 DATED RECEIVED State of North Carolina [ Environmental Quality I Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Ext, Wilmington, NC 28405 NO V OV 2 2 2017 November 6, 2017 TO:; Renee 0.1odhill-Early, Dept.. of'Cultura!'Resdurces Archive,sA History FROM: SUBJECT: Applicant: Project Location: CANA / Dredge A, Fill Application Review Village of Bold Head Island' David, and Shirley Everhart Roy C00'P'ER I :0avrmgr MICHAEL.s. kBOAR soeftwk SKAXTON DAV19 Dftei&: . Mu� between 163 N. Beld Head-Wynd and 11 X Light House.: Wyhd,, adjacent to Bald Head , Crook, &0 Head Island, Brunswick County Proposed Pro a '0 /a, Ject.- to.stabilize an existing draln.ago y outlet W ditch, and st6bilfze the adjacent shoreline at the q;(ishhgrod 1ipe, Its 10 ft: position of Viewpoint on the proposed project and, it the address; pbovq by November A..Mt. Ifyou have d'pr9jedt, contact Tara MacPherson aQ9i3O)'-7'9,6-7426when supporting data is requested_: REOLY- This agency, has no objection to the project as proposed, **Additional, comments maybe attached This agency has, no comment on the proposed, projecL 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 2-� AA- — E &"-r- J RecelVed .- I DEC 0 4 2017 StateofNotthC=IhmlEnyiD�entalQtWigylComWM 12ICardiWrinExt.,Wi4ak0w,NC2840ftm NOV 15 2017 910-196-7215 Coastal Management ENVIRONMENTAL QUALITY November 6. 2017 TO: RECEIVED NOV 2 9 2017 DCM- MHD CITY Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr.aov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: �_ Thi enc has no objection to the proj.ect as proposed. *`Additional commen a 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. Foe-AF VdV kaiAres SIGNED DATED j 1- 9 r T 7 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-79&7215 ?'> ROY COOPER Governor MICHAEL S. REGAN Marine Fisheries Secretary ENVIRONMENTAL QUALITY BRAXTON C. DAVIS Director November 15, 2017 TIF9 uaC_NT1iii TO: Heather Coats, Assistant Major Permits Coordinator Division of Coastal Management From: Andrew Haines, Environmental Program Supervisor Through: Shannon Jenkins, Section Chief Shellfish Sanitation & Recreational Water Quality SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Village of Bald Head Island Project Location: Between 103 North Bald Head Wynd and 113 Light House Wynd, Adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: To stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe. We do not have any comments on the potential project proposed within this permit application. However, we wanted to take this opportunity to re-emphasize to the applicant that this stormwater outfall drains to waters that are typically open to the harvest of shellfish. It is important that the Village of Bald Head Island provide prompt notification to the Shellfish Sanitation and Recreational Water Quality Section by phone (252-726-6827) or by email (andrew.haines(a)ncdenr.gov) whenever stormwater or floodwaters are discharged via this drainage network into Bald Head Creek, so that we can assess the effects of the discharge on surrounding bacteriological water quality and determine if a temporary closure of nearby shellfishing waters will be necessary. State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I P.O. Boz769 I Morehead City, North Carolina 28557 252-726-7021 N Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director RECEIVED November 6, 2017 NOV 17 2011 NC DOT TO: David Harris DISTRICTS NC DOT Roadside Environmental Unit FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** XThis 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 n�Qwl w✓+' DATED 113%/i RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management NO 127 Cardinal Drive Ext., Wilminbrton, NC 28405 2017, 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY November 6, 2017 TO: Maria Dunn NC Wildlife Resources Commission For WiRO FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 2a405 heathecec Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Village of Bald Head Island David and Shirley Everhart ROY COOPER corer MICHAEL S. REGAN &e Tary BRAXTON DAVIS Direclor Nov 2017 Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments 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 _�� -jib_ DATED 17 Lz 1�I1- r� EC -,.VEZC) D00 WILMINGTON, NC State dNoah Carolina I Environmental Quality I Coasts[ Management D E C 2 2 2017 127 Cardinal Drive E#., Wihningtoq NC 28405 910-796-7215 kq Coastal Management ENVIRONMENTAL QUALITY November 6, 2017 TO. Stephen Boyett Local Permit Officer Village of Bald Head Island ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o)ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Village of Bald Head Island David and Shirley Everhart Project Location: between 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, Bald Head Island, Brunswick County Proposed Project: to stabilize an existing drainage way outlet ditch, and stabilize the adjacent shoreline at the existing outfall pipe Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by November 30, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** SIGNED 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 omments. 9 DATED Z ZOj� RECEIVED DCM WILMINGTON, NC State of Nonh Carolina [ Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 NOV 2 7 2017 910-796-7215 M C6d§ , W1 ,444099ement ENVIR( - - �?�MMC A-LQVAqTY November 6, 2011 'to: � Curt Weychert I Fisheries Resource Specialist MHC-DCM FROM: Heather Coats, Assistant Mbijdf Permits Coor,din', NCDEQ,=Division of'-CoastalM,anegement, - 1127,Cardin ' if Drive Ext. ,,'W- Ifni.. NC?8405.THeaMS Fax: 395-3964fq-670�RFAT- "7- SUBJECT: CAMA ADredge & Fiji, Application Review Applicant:M11446 of bald Hdad.lstarid -D Vld'.a—n,d,� , �/ , ii Everhart, . . RO,Y, coopEkonwrRur REGAN SenreIwy .BRAXTON DAVIS Doccitir Firolecti-6caillon: between 1.03 N. Bald, Head Wyndand 111 Light House Wynd, adjacent to Bald Head Cieek Bald Head island, Brunswick County Ptdposiedpiqlect. to stabilize, anexistin drainage way. autlet�jitch, g thage and stabilize the' a'djdddiit;shbr6lihi§"at; the ,existing .ou blipipe I 1 --1 Th i i a g 46cy' has n- o,- o' bi e'c t 1 1 on , to_the.project is proposed. me I,,, "Additio'na'i6orn ntspaybe.attecli'd I - I . .1, , p This, agency has no comment'on the proposed project, This agency approves, of the projectonly if the recommended changes are; inc,6rporated: See attached. Th*,agency objects to the project for reasons described �inr the attached, comments' SIGNED Rece$g .518 NOV 1.4211V State OfNotthcmlina I Enviia=ental Quality, I Caww!MWA 127CardMDriwU',Wfl0on� Wilmington, N028M MM tIT-Y 910t796-7215 Coastal Management ENVIRONMENTAL QUALITY January 9, 2018 Village of Bald Head Island c/o Mr. Chris McCall PO Box 3009 Bald Head Island, NC 28461 Dear Mr. McCall: ROY COOPER QOV~ MICHAEL S. REGAN saawary BRAXTON C. DAVIS Dhwaar This letter is with reference to your application for a Coastal Area Management Act Major Development permit, to undertake development activities at property adjacent to Bald Head Creek, between 103 N. Bald Head Wynd and 113 Lighthouse Wynd, Bald Head Island, Brunswick County. Additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. I I3A-122(c) which would make March 25, 2018, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (910) 796-7302 or e-mail at: heather.coats@ncdenr.gov. Sincerely, Heather Coats Assistant Major Pemuts Coordinator cc: Wilmington Files MHC Files, 911 Dana Lutheran, Agent State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 %07967215 RECEIVED JAN 17 2018 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Village of Bald Head Island/ David and Shirley Everhart PROJECT NAME: Bald Head Island Outlet Ditch Stabilization 2. LOCATION OF PROJECT SITE: The project site is located at 103 N. Bald Head Wynd and 113 Light House Wynd adjacent to Bald Head Creek on Bald Head Island. State Plane Coordinates - Lat: 33052122.67"N Long: 77° 59'58.53"W 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 10/6/17 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received — 9/25/17 Complete- 10/26/17 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Village of Bald Head Island Land Classification From LUP — Medium Density Residential/Mixed Use (B) AEC(s) Involved: ES, EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal Planned - N/A (F) Type of Structures: Existing — Single family residence and man-made ditch with geotextile fabric and aggregate sock shoreline stabilization. Planned - Install geotextile fabric overlain with Class 1 rip rap, replace existing shoreline stabilization and replace wooden headwall at existing outfall pipe. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) (415 sq. ft. replaced) (B) Non -vegetated Wetlands 4065 sq. ft. (Open Water) (C) Other-Highground disturbance (701 sq. ft. replaced) 2650 sq. ft. L,450 sg _n (Temporary Impacts) (D) Total Area Disturbed: 9281 sq. ft. (.21 acres) (E) Primary Nursery Area: No (F) Water Classification: SA/HQW Open: YES (Bald Head Creek) 8. PROJECT SUMMARY: The applicant is proposing to add Class 1 rip -rap with new geotextile fabric within an existing drainageway outlet ditch, remove and replace the existing geotextile fabric and aggregate sock "soft" shoreline stabilization and the wooden headwall at the existing outfall pipe. RECEIVED NOV 0 7 2017 DCM- MHD CITY Village of Bald Head Island David and Shirley Everhart Page Two 9. PROJECT DESCRIPTION The project is located off of North Bald Head Wynd, adjacent to Bald Head Creek, on Bald Head Island, in Brunswick County. To find the project site from the Bald Head Island ferry terminal, travel south on Marina Wynd to North Bald Head Wynd. The subject property will be located on the left between 113 Light House Wynd and 103 N. Bald Head Wynd. Bald Head Island is part of an island group known as Smith Island, located at the confluence of the Cape Fear River and Atlantic Ocean between Fort Fisher and Oak Island/Caswell Beach in Brunswick County. The island is accessed by private boat or a private ferry service from Southport. This project is located within an existing drainage ditch adjacent to Bald Head Creek that runs along the property line between 113 Light house Wynd, which is owned by the Village of Bald Head Island, and 103 N. Bald Head Wynd, which is owned by David and Shirley Everhart. This project area is located in the north-western part of the island and the gravity outlet pipe is fed by the lagoon system that drains approximately 550 acres and provides irrigation for the golf course. The gravity outlet pipe is the main discharge point during large storm events. The pipe drains directly to Bald Head Creek through the drainage ditch. The site encompasses approximately 0.89 acres and the high ground averages approximately 8`above Mean High Water (MHW). Vegetation that exists on the property adjacent to the drainageway consists primarily of Wax Myrtles, Oak trees, Yaupon and Palmetto Palms. The banks of the ditch vary from approximately 3'- 6' in height and are sparsely vegetated due to the steep slope and erosion of the banks. Coastal wetland vegetation is absent from the banks of the ditch and the project area, but Salt Marsh Cordgrass (Spartina alternii fora) is present at the mouth of the ditch adjacent to Bald Head Creek. Due to the changes in elevation along the ditch, it appears normal high water may only extend mid -way up the ditch, but surveyed elevations show mean high water extending up to the culvert at road. The existing 36" stormwater outlet pipe, which drains water from the upstream lagoon systems, and associated retaining wall are located at the upper reach of the drainage ditch. According to the applicant, rainfall from Hurricane Matthew resulted in significant erosion of the sides and bottom of the ditch. The Village of Bald Head Island property on the western side of the project site is undeveloped and the Everhart property on the eastern side of the project site contains a single-family residence. The ditch is connected to the island's freshwater lagoon system by means of a culvert under North Bald Head Wynd with a water control structure located on the south side of North Bald Head Wynd. Water is typically discharged from the lagoon through the ditch only during times of high rainfall (see Narrative). State Permit No. 90-13 was issued to Shirley and David Everhart, Bald Head Limited and the Village of Bald Head Island on August 2, 2013 for shoreline stabilization, this permit expired on December 31, 2016. According to the application, the Jurisdictional Determination (JD) for this project expired on March 18, 2017 and a new JD is being requested. The existing drainageway is currently stabilized with "soft" armoring including geotextile and aggregate socks. The aggregate/ media socks were installed for permanent re -vegetation of the affected areas along 100 linear feet of bank along the east side of the ditch and along 175 linear feet of bank to the west. According to the applicant, extreme rain events have caused bottom and slope erosion depositing sediment into downstream wetlands and Bald Head Creek. Hard structures are now being proposed in addition to replacing the existing shoreline stabilization and RECEIVED NOV 0 7 2017 DCM- MHD CITY Village of Bald Head Island David and Shirley Everhart Page Three the wooden headwall at the existing outfall pipe to protect adjacent property and structures from further erosion of the bank. (see Lagoon 6 Outlet Ditch Stabilization Report and Narrative). The waters of the Bald Head Creek are classified as SA by the North Carolina Division of Water Resources. The waters in this area are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to add Class I rip -rap with new geotextile fabric within an existing drainageway outlet ditch, remove and replace the existing geotextile fabric and aggregate sock "soft" shoreline stabilization and the existing outfall pipe wooden headwall. The application states that work would begin downstream of the project limits. Access to the site is proposed off of North Bald Head Wynd. A bob cat would be used to construct a temporary 15 ft. wide by 30 ft. long gravel construction entrance for work. Proposed work includes placing new Class-1 rip rap over geotextile fabric using a bobcat or similar machinery from the proposed Lighthouse Wynd staging area. According to the applicant, the project would include armoring the bottom, and portions of the bank, of the drainage ditch in an area measuring 350 linear ft. in length by an average of 19.2 ft. in width with approximately 6,715 sq. ft. of rip rap. Approximately 4, 065 sq. ft. of rip rap would be placed above MHW and 2,650 sq. ft. of rip rap would be placed below MHW. The applicant is also proposing to re -install the geotextile socks filled with aggregate and media as shoreline stabilization to allow re -vegetation of the steep ditch banks that have eroded. The socks measure 12" and 18" in approximate diameter and were stacked to a varying height between 3.5 and 6 feet. As proposed in State Permit No. 90-13, the socks would be installed along 100 linear feet of bank along the east side of the ditch and along 175 linear feet of bank to the west (see Sheet I of 1). Geotextile fabric would be installed under the socks for additional stabilization. Approximately 1000 sq. ft. of additional high ground would be temporarily disturbed. Lastly, the applicant is proposing to replace the existing 8 ft. wide and 5 ft. tall wooden headwall at the existing outfall pipe in the same footprint. All work is proposed to begin downstream from the outlet pipe and will move upstream along the entire length of the bottom of the ditch and along portions of the banks as outlined in the project drawings. The applicant states that the project would protect adjacent land and structures from slope failure A scour pad has not been proposed and the drainage pipe would not be replaced. No upland development landward of the drainage ditch has been proposed. An Alternative Analysis is presented in the Narrative for review. The applicant is proposing construction restrictions during rain events, a September through April time - period for construction and erosion control in the form of silt fence and jute baffles during construction (see Narrative). 10. ANTICIPATED EVIPACTS: The proposed rip rap development would fill up to 2650 sq. ft. of high ground, and approximately 4065 square feet of public trust area and estuarine waters with new rip rap material. The existing aggregate sock shoreline stabilization replacement would impact 685 square feet of high ground, and approximately 415 square feet of public trust area and estuarine waters. The project would also result in the temporary disturbance of approximately 1,450 sq. ft. of high ground for a construction staging area. The work would likely result in a temporary increase in turbidity. Submitted by: Tara MacPherson Date: November 3, 2017 Office: Wilmin on �ECEIVED NOV 0 7 2017 DCM- MHD CITY Village of Bald Head Island Drainage Way S�GI DCM MPA APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT ryApplicant/Landowner lnjorm Business Name. Village of Bald Head Island (Village Manager) Project Name (if applicable): Bald Head Island Drainage Way Applicant 1 (Tract A), First Name: Chris MI: Last Name: McCall Applicant 2 (Tract B), First Name: David & Shirley MI Last Name: Everhart If additional applicants, please attach an additional pages) with names listed. (please see Appendix Afar Everhart Mailing Address Applicant 1 Village of Bald Head Island PO Be. 3009 City Bald Head Island I StateNC ZIP: 28461 Country: USA Mailing Address Applicant 2: 805 John Morgan Road City: Gold Hill State: NC ZIP: 28071(USA) Email . cmccall a,cilhwebhi.or¢ and shirlevecerhartu,hotmail.eom Phone No.. (910) 457-9700 (Chris) & (704) 640-5341 (Shirley) Effwwcontracror Informal .,..I;. Business Name: Southern Environmental Group, Inc. (SEGi) Agent/ Contractor 1, First Name: Dana MI: A. Last Name. Lutheran Mailing Address: 5315 South College Road, Suite E PO Box: NA City:Wilmington State: NC ZIP: 28412 Phone No. 1: 910.452.2711 Phone No. 2: 910.228.1841 (preferred) FAXNo.: NA Contractor#: NA Street Address (if differentfrom above) NA City State ZIP Email: i lutherama),seei.us County (can be multiple) Street Address State Rd. # Brunswick In between 103 N. Bald Head Wynd and 113 Light House Wynd NA Subdivision Name City State Zip Village of Bald Head Island Village of Bald Head Island NC - Phone No. Lot No (a) (f many, attach additional page with list) NA 2604CO1801 and 2600000518 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lower Cape Fear River Basin Bald Head Creek 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 anmade Unknown Cape Fear River e. Is proposed work within city limits or planning jurisdiction? f If applicable, list the planningjunsdiction or city limit the proposed work falls Yes No xidun. Village of Bald Head Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Sim of entire tract (sq.ft) NA 0.89 AC / 38,768 SFRFr RECEIVED NOV O 7 2017 DCM WILMINGTON, NC Page 1 of 11 (9/22/17) SEP 2 5 2017 DCM- MHD CITY Village of Bald Head Island Drainage Way 5E-Gi c. Size of individual lot(s)(/f many lot sizes, please attach additlonalpage with a d. Approximate elevation of tract above NHW (normal high water) or NWL (normal list) NA water level) 8' Ili or NWL e. Vegetation on tract From the upper reach of the feature to where the landscape fans out and becomes more stable, mature woody species, such as magnolia (Magnolia virginiana), wax myrtle (Morelia cerijera), red maple (Ater rubrum), live oak (Quercus virginiana) and palmetto palm (Sabal palmetto), along with viney vegetation including grape vine (Vitas riparia), line the banks. The lower reach transitions into coastal marsh, where giant cordgrass (Spartina cynosuroides) and Spartlna alternaJlora are prominent. f. Man-made features and uses now on tract At the very upper reach of the drainage feature is a 36" stormwater outlet pipe, with associated retaining wall. This pipe allows stormwater to discharge out of the upstream pond (#6). Otherwise, there are no man-made features within the project boundaries. g. Identify and describe the existing land uses adjacent to the proposed project site. Land use adjacent to the project site is residential. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable inning? PD-3 (Attach zoning compliance certificate, if applicable) Yes No j. Is the proposed activity part of an urban waterfront redevelopment proposal? Yes k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Yes No N If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a National Register listed or Yes No NA eligible property? m. (i) Are there wetlands on the site? es No (ii) Are there coastal wetlands on the site? Ye No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documenmtron, if available) No n. Describe misting wastewater treatment facilities. NA to this project o. Describe existing drinking water supply source. NA to this project p. Describe existing storm water management or treatment systems. NA to this project a. Will the project be for commercial, public, or private use? Commercial Public/Government ivate/Cotnm b. Give a brief description of purpose, use, and daily operations of the project when complete. The drainage feature will continue to serve as the main discharge point for stormwater. 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. A bob cat or similar machinery will be used to remove the existing geotextile and aggregate socks, as well as debris from the bottom of the Swale. Starting at the furthest downstream point of the project limits and working upstream, toward the outlet pipe, geotextile filter fabric, overlain with Class-1 rip rap, will be placed in select areas along the banks and along the entire length of the bottom of the Swale. Machinery and material will be stored in the right of way on Lighthouse Wynd (please see Appendix A for details). d. List all development activities you propose. This permit application is solely for the proposed stabilization of the drainage feature. No upland development is proposed with this application. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance of an existing project. A CAMA Major Permit was obtained to stabilize the slopes of the feature, but the stabilize efforts failed during extremely heavy rain events. M }}, f What is the approximate total disturbed land area resulting from the proposed project? • `��^' -- KtGtIVtU DCM WILMINGTON, NC Page 2 of 11 (9/22/17) NOVA 0 7 2017 SEP 2 5 201Z DCM• MHD CITY Village of Bald Head Island Drainage Way J LAUI g. Will the proposed project encroach on any public easement, public access way or other area that the public has established use of? Yes No NA It. Describe location and type of existing and proposed discharges to waters of the state. Currently treated stormwater is discharged into the drainage ditch through the existing 36" perforated concrete pipe (PCP) and from surface runoff from the adjacent lots. Neither any new discharge points nor an increase in stormwater discharge are being proposed with this application. i. Will wastewater or stormwater be discharged into a wetland? Yes Q NA 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 NA If yes, attach a mitigation proposal. 6. Additional Information In addition to this completed apphcanon fbrp7€. - HCnrt' dpp so be complete. Items (a) - (0 am always applicable to any mq/or development application. Please consult the application ineurucnon booklet on how to properly prepare the required a. A project narrative. (See Appendix A) b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed projectis any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. (See Appendix B) c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. (See Appendix C) d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. (See Appendix D) e. The appropriate application fee. Check or money order made payable to DENR. (See Appendix E) 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. f� Q ( t2 Name YJ*Vu� C,� • vi �� y� Address �\ w- g. A list of previous state or federal perfnitsisiued for work on the project tract. Include pernaft numbers, permittee, and issuing dates. CAMA Major Permit #90-13 was issued to The Village of Bald Head Island and expired 31 December 2016 (See Appendix G). It Signed consultant or agent authorization form, if applicable. (See Appendix H) i. Wetland delineation, if necessary. The JD, issued under SAW-2013-00407, expired 3/18/17. Data sheets and other supporting information have been submitted to the USACE for review and issuance of a new JD. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) NA k. Astatement of compliance with the N.0 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. NA "MAWNDWand PeAdision to 1 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 22 September 2017 Print Name Dana A. Lutheran for the Village of Bald Head Island Signature Please indicate application attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Informatio DCM MP-3 p an eve opment DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts RECEIVED NOV 0 7 2017 DCM W RECEIVED Page 3 of 11 (9/22/17) MINGTON, NC DCM- MHD CITY SEV 2 6 NIL Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this forth to Joint Application for CAMA Major Permit, Forth DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should he nivan in fwwt Access Channel Other (excluding (NLW or f1WL)ENA Boat Basin Boat Ramp Rock Breakwater Shoreline stabilization) Length NA NA NA NA Width NA NA NA NA Avg. Existing Depth NA NA NA NNAJMW Final Project Depth NA NA NA Same a. Amount of material to be excavated from below NHW or NWL in cubic b. Type of material to be excavated. yards. C. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetands (WL)? If any boxes are checked, provide the number of square feet affected. CW _ SAV SB WL None III) Describe the purpose of the excavation in these areas: Excavation is necessary to install utility lines along Battleship Road NE and U.S.S North Carolina Road (see Appendix B Page a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? Yes No NA (i) If no, attach a letter granting permission from the owner. d. (i) Will a disposal area be available for future maintenance? Yes No NA (ii) If yes, where? e. (i) Does the disposal area include any coastal wellands/marsh (CW), f. (i) Does the disposal include any area in the water? submerged aquatic vegetation (SAV), shell bottom (SB), or other Yes No NA wetlands (WL)? If any boxes are checked, provide the number of square feet affected. Ili) If yes, how much water area is affected? CW _ SAV _ SB_ WL _ None— (n) Describe the purpose of disposal in these areas: a. Type of shoreline stabilization: b. Length: 350 LF Bulkhead Cire Breakwater/Sill Other: Width: -19.2' c Average distance waterward of NHW or NWL: 11_6' d. Maximum distance waterward of NHW or NWL: 11.6' e. Type of stabilization material: Geotextile lining will be installed and overlain with Class 1 Rio- f. ( Has there been shoreline erosion during preceding 12 months? es No NA (ii) If yes, slate amount of erosion and source of erosion amount information. Approximately 150 CY of sandy material was washed downstream during the last heavy rain event (Oct 2016) 9 Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead ball — Riprap 4.069 SF Class 1 Rip -Ran { i EC 17 l V E D Breakwater/Sill _ Other I. Source of fill material. Class-1 rip rap DCM WILMINGTON, NC 1 RECEIVED OCT 2 7 2017 Bald Head Island Drainage Way (10/214UV 0 7 2017 DCM- MHD CITY (i) Will fill material be brought to the site? b. (i) Will fill material be placed in coastal wetlands/marsh (CW), Yes No NA submerged aquatic vegetation (SAV), shell bottom (SS), or other If yes, wetlands (WQ? If any boxes are checked, provide the number of square feet affected. Qi) Amount of material to be placed in the water CW SAV SIB (III) Dimensions of fill area Wt None (iv) Purpose of fill (ii) Describe the purpose of the fill in these areas: a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? The fill material (i.e. class-1 rip rap) is not anticipated to be Bob cat mini -excavator affected by erosion. However, silt fence and iute baffles will be installed to control sediment that may be disturbed during the construction process. (i) Will navigational aids be required as a result of the project? Yes No NA (ii) If yes, explain what type and how they will be implemented. Date 27 October 2017 Project Name Bald Head Island Drainage Way Applicant Name Village of Bald Head Island Applicant Signature /`�—,�(, de., (i) Will wetlands be crossed in transporting equipment to project sae? Yes No NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED NOV 07 MHD CITY Village of Bald Head Island Drainage Way CAMA Major Permit 5E-Gi Project Narrative Property Characteristics 1. Applicants: Tract A - Bald Head Island Limited, LLC (see Attachment 1) Tract B - Everhart, Shirley & David (see Attachment 1) 2. Parcel IDs: Tract A: 2600000518 (see Attachment 1) Tract B: 2604CO1801 (see Attachment 1) 3. Wetlands and waters of the US (WOTUS): The subject drainage feature is a WOTUS, more specifically relatively permanent water (RPW), non -stream (DWR, Mr. Chad Coburn) that drains directly into Bald Head Creek. 4. Receiving stream name and classification: The site abuts and drains to Bald Head Creek, which has been classified as SA; HQW by the NC Division of Water Resources (see Attachment 2) 5. Historical significance of property: Tract A has some historical significance, which will be discussed later in the project narrative. 6. Primary Nursery Area (PNA): Work is not proposed within waters classified as PNA (see Attachment 3). 7. Essential Fish Habitat: Work is not proposed to take place within waters that would provide essential fish habitat. Project History In August of 2013, this project received Division of Coastal Management authorization, in the form of a CAMA Major Permit and Dredge and Fill permit (CAMA Major Permit # 90-13), for the installation of the geotextile and aggregate socks and the grading and other land disturbing activities associated with the construction of the shoreline stabilization project. The work took place soon thereafter. Before soft armoring stabilization efforts After soft armoring stabilization took place (2014): RECEIV "r-_"_" E' WILMINGTON, NC NOV 0 7 2017 0 C T 2 7 2017 Page 1 (10/27/17bcm— MH® CITY Village of Bald Head Island Drainage Way CAMA Major Permit 5r-Gi Since that time, extreme rain events have caused the bottom to erode and slopes of the feature slough, jeopardizing the integrity of the structure on Tract B and depositing lifted sediment into downstream wetlands and Bald Head Creek. The following photos depict the current condition of the feature and the effects on Bald Head Creek (2016). The existing CAMA Major Permit and Dredge and Fill Permit expired on 31 December 2016. The N.C. Division of Water Quality has authorized the proposed project under DWR Project No. 13-0607. The U.S. Army Corps of Engineers assigned USACE AID No SAW-2013-00407 to the project. The previously issued Jurisdictional Determination expired on 18 March 2017. Thus a new JD is being sought with the requested permits. The required forms and supporting information have been sent to the USACE directly. Purpose and Need The lagoon system on Bald Head Island is an interconnected system of fresh water lagoons that capture and hold most of the stormwater runoff for Stage I of the island. This system was developed prior to stormwater best management practices. There are approximately 550 acres draining to the lagoon system, which has only one 36" historical outlet pipe. With freshwater as a commodity on BHI, most of the rainwater runoff is stored in the lagoon system for golf course irrigation. This 36" outlet pipe has a riser structure on the upstream side to prevent salt water intrusion into the freshwater system and an outlet ditch on the downstream side that drains to Bald Head Creek. The existing 36" outlet pipe typically only discharges in very large storm events and is the only gravity outlet on the island. In recent years, several extreme rain events, the most recent being Hurricane Matthew, overwhelmed the lagoon system, resulting in significant erosion of the bed and banks of the drainage swale. The purpose of this project is to hard armor the bottom and portions of the banks of the feature, between Tracts A and B, which is necessary to protect adjacent land and structures from slope failure that is anticipated to take place should the proposed work not take place. Proposed Work Access will be off North Bald Head Wynd and equipment will be stored within the right of way of Lighthouse Wynd. A bobcat will be used to bring the material into the work area. RECEIVED NOV 0 7 2017 Page 2 (10/27/17) DCM- MHD CITY Village of Bald Head Island Drainage Way CAMA Major Permit 5E-Gi A bob cat or similar machinery will be used to install the construction entrance, which is necessary to provide stable access to the work area. Then, starting at the furthest downstream point of the project limits and working upstream, toward the outlet pipe, debris, such as limbs and other obstructions, will be removed from the bottom of the swale. Next, geotextile filter fabric, overlain with Class -I rip rap, will be placed in select areas along the banks and along the entire length of the bottom of the swale. Approximately 350 linear feet of RPW (i.e. area below the NHW line) will be lined with geotextile filter fabric and Class-1 rip rap, which will result in the filling of 4,065 square feet (0.093-acre) of the RPW. Additionally, geotextile filter fabric and Class -I rip rap will be extended from the RPW fill, on average, 3' above the MHW line, resulting in 2,650 square feet (0.06-acre) of upland fill. In total, 6,715 square feet of rip rap will be installed. The existing geotextile and aggregate socks will be put back in place, as per the previously issued CAMA Major Permit. The remainder of the area will remain in its natural state. Please refer to Attachment 4, entitled "Lagoon 6 Outlet Ditch Stabilization Report", prepared by Coastal Land Design, PLLC, for details of the proposed work. According to the engineer, the rip rap has been sized to handle the pipe discharge, and no rock will be dislodged, thus a scour pad is not necessary. The existing 36" pipe is in good shape and does not require any work at this time. Land disturbing activities (i.e. disturbance of the rootmat) consist of constructing the construction entrance. The debris generated from this project, which is anticipated to be minimal, will be handled by the Village of Bald Head Island. Alternative Analysis The Applicants explored many different alternatives to determine which would be the least environmentally damaging alternative (LEDPA): Alternative L Gravity Outlet — Southeast of Current Outlet A review of constructing an alternative gravity flow outlet, from Lagoon 6 to the closest creek outlet, would look like the image below. It would be a piped system discharging directly into the BHI Creek tributary as the creek frontage consists of developed lots and there isn't an existing easement that would accommodate the width of a ditch. This configuration would require approximately 675 linear feet of 36" to 48" piping (or some configuration of multiples of smaller pipes) to accommodate the existing outlet's flow rate. Not only would this option be extremely costly for an isolated island with all construction material begin shipped on -site, it would also necessitate the cutting of the golf course and North Bald Head Wynd. North Bald Head Wynd is the busiest and most heavily traveled road on the island. Ultimately this outlet system would result in a piped discharge point into the BHI Creek tributary and would require an extensive velocity dissipater at the end of the system. For these reasons, this alternative is not the least environmentally damaging alternative. RECEIVED NOV 0 7 2017 Page 3 (10/27/17) DCM- MHD CITY of Bald Head Island Drainage Way CAMA Major Permit 5E.Gi Alternative Z Gravity Outlet — Northwest of Current Outlet to Marina A review of constructing an alternative gravity flow outlet from Lagoon 6 to the BHI Marina would look like the image on the following page. It would be a piped system from the existing outlet pond to the BHI Marina along the existing road right -of way. This configuration would require approximately 1,700 linear feet of 36" to 48" of storm drain piping (or some configuration of multiple smaller pipes) to accommodate the exiting outlet's flow rate. This option would be both extremely costly and highly disruptive to the Island's transportation system. The shown storm drain corridor (the roadway ROW) handles all transportation to and from the island and typically this large pipe construction is both slow and requires a large footprint. Consideration would also have to be given to the marina bulkhead and the structural impact of such a large penetration. The road ROW also carries most of the Island's other utilities and it is anticipated there would be multiple conflicts for this route. For this reason, Alternative 2 was determined to be impractical and infeasible. Alternative 3. Pressure Pipe System to Cape Fear River A review of constructing an alternative pressure system from Lagoon 6 to the Cape Fear River would look like the attached image. It would be a pressure pipe system (forcemain), from a fixed pump station, at the lagoon to Cape Fear River. The pump station would be sized to accommodate the flow rates of the existing system (approximately 80cfs). This option would be cost prohibitive as the proposed pump station would have to be extremely large to accommodate the 80cfs or 36,000 gallons per minute flow rate the existing gravity system handles. This would be a major pumps station requiring a housing, large electrical system, backup generator, etc. A pressure system would also require some type of engineered velocity dissipater to handle the interface between the pressure pipe discharge point and the river bank. For these reasons, Alternative 3 was determined to be infeasible. RECEIVED NOV 0 7 2017 Page 4 (10/27/17) DCM- MHD CITY Village of Bald Head Island Drainage Way CAMA Major Permit 5E—Gi Alternative 4. Utilize Weir System The installation of the weirs across the channel lowers the velocities within the ditch during discharge conditions to be between approximately 1.4 fps and 3.8 fps. While this velocity is lower than the unlined conditions, it is more twice the minimum erosive velocity, within the channel, and 45 times greater than the transportation velocity of the soils. Therefore, it is anticipated that scour erosion will continue throughout the length of the ditch and specifically at the interface between the weirs and the ditch side -slopes and bottom. This scenario may provide a reduction in the erosion within the ditch, while the weirs and ditch dimensions remain in the design conditions. However, it is not anticipated to provide long-term stabilization and is anticipated to fail due to continued erosion — similar to the mechanism of failure for the Filtrexx Sock stabilization. Due to site access constraints, proximity to personal property, and the cost of performing continued heavy -machinery maintenance work on BHI, this alternative was determined to be impractical. Alternative S. No Action Alternative Taking no action to stabilize the bottom and slopes of the drainage swale is anticipated result in slope failure on both sides of the feature, which would jeopardize the integrity of the structure on Tract B and the stability of the ground on Tract A, where civil war monuments are located. Therefore, this alternative is not practicable. Alternative & Hardscape the Bottom and Slope (Preferred Alternative) Armament with Class-1 rip rap lowers the velocities within the ditch during discharge conditions to be between approximately 2.0 fps and 5.2 fps. While this velocity is above the erosive and transport velocity of the ditch soils, it is lower than the unlined conditions, and the geotextile lining underneath the rip rap armament will prevent erosion of the underlying soils. It is anticipated that this stabilization approach is the more viable solution for the outlet ditch and will provide long-term stabilization that adequately addresses the erosion problems within the outlet ditch. The capital cost of this work is higher than the weir stabilization scenario; however, this alternative is designed as a permanent stabilization measure, and outside of normal operation and maintenance activities, should require limited need for additional work and disturbance. In addition, much like the "living shoreline stabilization" projects this alternative will provide protection of surrounding riparian and the intertidal environment, by trapping sediment in the feature rather than discharging into downstream riparian wetlands and tidal creek, improve water quality, and promote creation of habitat for aquatic and terrestrial species. For all of these reasons, Alternative 5 was determined to be the least environmentally damaging practicable alternative. Work in Public Trust Waters While tidal waters do extend up into the drainage feature, the feature, itself, is not navigable and is not supportive of marine life. Therefore, the proposed project is not anticipated to significantly impact Public Trust Waters. Endangered Species and Critical Habitat SEGi utilized the US Fish & Wildlife Service's Information for Planning and Consultation website to identify Threatened and Endangered Species and/or critical habitat that may be affected by the proposed work. There are seventeen Endangered or Threatened species, which included mammals, birds, fishes, snails, reptiles and flowering plants and no critical habitat listed on the report (see Attachment 5). An evaluation of each of the species listed on the T&H list was performed to determine if it would be affected by the proposed project. It was determined that either the project location did not support critical habitat for the species or, based on multiple field observations, the species was either not present or th +�e �Wn TME species within the project limits. . R LE!IVthe NOV 0 7 2017 Page 5 (10/27/17) DCM- MHD CITY Village of Bald Head Island Drainage Way CAMA Major Permit 5E-Gi Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. Due to the location of the project, as well as the size and scope of the project, it is not anticipated that the proposed work will have a negative effect on any bird that is considered a "Bird of Conservation Concern" or its habitat. Historical and Cultural Resources A civil war monument, Fort Homes Battery No. 4, which the Village of Bald Head Island has gone to great extents to protect, is in close proximity to the project area. No work is proposed to take place outside the drainage Swale and the work does not entail excavation or fill, for the purpose of changing elevation. Therefore, it is not anticipated that the proposed project will have any adverse affect on these known historical resources. To further evaluate this matter, a request for review of the project has been sent to the State Historic Preservation Office. Their response will be forwarded to the DCM upon receipt. Avoidance and Minimization of Impacts to Waters of the US Stabilization has been limited to the reach of the drainage feature that experiences erosion. By doing this, impacts to the less functionally valuable reach of the WOTUS feature and avoids impacts to Section 404 and Section 10 wetlands. Work has been mostly confined to the unvegetated areas, reducing the amount of area exposed to the elements. Sediment and erosion control measures and/or structures, such as jute baffles and silt fence, will be installed prior to beginning work and will be maintained throughout the duration of the project. Work will not take place within 48 hours of a rain event that is anticipated to produce greater than %," of rain within a 24 hour period or within 48 hours of a rain event that produces greater than %" of rainfall within a 24 hour period, unless the 36" outlet pipe is not discharging. A ground cover, sufficient to restrain erosion, will be provided within 7 calendar days of completion ground disturbing activities. These measures should ensure that incidental sediment is not discharged outside the project limits and turbidity levels are kept at a minimum. The proposed project will significantly decrease the amount of sediment entering into Bald Head Creek, which will reduce the need for future dredging of the creek, thereby minimizing impacts to public trust waters, coastal wetland and soft bottom habitat. Lastly, construction will take place between September and April, to minimize effects on larval egress into Bald Head Creek. Compensatory Mitigation to Offset Loss of Function in WOTUS Due to the type of feature being impacted (i.e. drainage ditch or water conveyance), removal of biological, chemical and physical processes is not anticipated. Therefore, compensatory mitigation is not being proposed to offset loss of function. Adjacent Riparian Property Owner (ARPO) Notifications According to the Bnmswick County GIS website, the following parcels are considered the "adjacent riparian properties" to project: 2604CO19 (ARPO #l) and 26000001 (ARPO #2). While work is not being proposed within the adjacent riparian corridor, notification of the riparian property owners is required. The riparian owners have been notified of the proposed changes and new work, via US Postal Service Certified Mail. RECEIVED NOV 0 7 2017 Page 6 (10/27/17) DCM- MHD CITY of Bald Head Island Drainage Way CAMA Major Permit SEGi Attachment 4 Lagoon #6 Outlet Stabilization Report RECEIVED Page 10 (10/27/17) NOV U 7 2017 DCM- MHD CITY Lagoon 6 Outlet Ditch Stabilization Report Village of Bald Head Island Brunswick County 16-December-2016 Coastal Land Design, PL-C (CLD) is pleased to present this summary report for the Village of Bald Head Island (BHI) Lagoon 6 Outlet Ditch stabilization project. This report is issued as a overview of the existing conditions and stabilization history of this outlet drainage ditch as well as the evaluation of two different stabilization plans. Background The lagoon system on Bald Head Island is an interconnected system of fresh water lagoons that capture and hold most of the stormwater runoff for Stage I of the island. There are approximately 550 acres draining to the lagoon system, which has only one 36" historical outlet pipe. With freshwater as a commodity on BHI, most of the rainwater runoff is stored in the lagoon system for golf course irrigation and the existing 36" outlet pipe typically only discharges in very large storm events. This 36" outlet pipe has a riser structure on the upstream side to prevent salt water intrusion into the freshwater system and an outlet ditch on the downstream side that drains to Bald Head Island Creek. This outlet ditch and its stability is the focus of this report. Erosion of the outlet ditch had been observed for several years with the municipality (The Village of Bald Head Island [The Village]) acting to stabilize it in 2012. The picture shown below was taken prior to the stabilization efforts were enacted. The Village had the ditch surveyed and began the process of permitting a stabilization plan. The permitting required a LAMA Major permit due to the proximity to coastal wetlands and the influence of the coastal tides. LAMA and U.S. Army Corp of Engineers (USACE) personnel visited the site in September of 2012 and agreed with The Village consultants that vegetative stabilization would be difficult if not impossible to establish due to the heavy shading and slopes of the ditch. While vegetative stabilization is the preference of CAMA, a soft armament was allowed by CAMA as a compromise to the hard armament proposed by The Village's consultant. The bottom of the ditch was claimed as jurisdictional by CAMA and no improvements or stabilization were allowed. Approximately 175 linear feet on the west side and 100 linear feet on the east side of the ditch banks were stabilized with 12" and 18" Filtrexx type tubular socks. The 18" socks were filled with an aggregate mix and placed along the High Water Line of the ditch banks to provide a solid base for the 12" RECEIVED 20 NOV ® 7 2017 tECEI E� DCM WILMINGTON, NC DCM- MHD CITXEP 2 5 Z017 socks filled with a mulch medium. The socks were staked and anchored into the existing side slopes of the ditch. The picture shown below was taken immediately after the stabilization efforts were enacted. The side -slope stabilization was successful for a short time in preventing any further erosion on the side - slopes. Unfortunately, due to the permitting constraints of not stabilizing the bottom of the ditch, highly erosive surface soils, and several years of discharge from the 36" pipe as necessary following extreme storm events, the bottom of the ditch has eroded significantly; causing the stabilization socks to become undercut and slough off. The picture shown below shows the current erosion presented in the Lagoon 6 Outlet Ditch. Approximately 1.5 to 2 feet of material has been eroded from the bottom of the channel which has undercut the Filtrexx Sock stabilization. Refer to Sheet D-01 in Appendix A of this report. RECEIVED NOV 0 7 2017 giECEI'E OCM WILMINGTON, NC 21 DCM- MHD CITY SEP 25201i On October 31, 2016, CLD contracted with ECS Carolinas, LLP (ECS) to perform soil analyses of the outlet ditch at four different locations along the ditch. ECS's analysis indicated that the soils are clean sands with 2.9 to 3.3 percent passing the Number 200 sieve. They also determined that the sands present in the ditch will erode at a water velocity of approximately 20 to 30 centimeters per second (cm/sec) (0.65 to 0.98 feet per second [fps]) and will be transported with a water velocity of approximately 1 to 2 cm/sec (0.03 to 0.06 fps). The outlet ditch is influenced by a mixed semi -diurnal tide pattern that consists of two different high and two different low tides every lunar day. The maximum difference in tidal elevation for this area occurs between mean higher high water (MHHW) at elevation 1.72 feet above mean sea level (fmsl) and mean lower low water (MLLW) at elevation -3.08 fmsl. The minimum difference in tidal elevation for this area occurs between mean high water (MHW) at elevation 1.41 fmsl and mean low water (MLW) at elevation -2.91 fmsl. CLD estimates that the tidal velocity within this ditch ranges between 0.03 and 0.04 fps. This tidal velocity is below the scour velocity of the in situ soils but high enough to transport any suspended soils. Erosion experienced within the ditch occurs due to discharge from the Lagoon 6 outlet which is necessary to provide essentially the only stormwater outlet for approximately 550 acres of Bald Head Island. The soils of the ditch are tidally affected, and highly erodible and transportable. Due to this, CLD evaluated the effectiveness of two different stabilization protocols within the existing ditch based upon recommendation from the USACE, and engineering expertise and construction feasibility. Methodology CLD used the Hydraulic Engineering Center River Analysis System (HEC-RAS), Version 5.0.3 issued by the USACE to analyze the hydraulics of the potential stabilization protocols for the Lagoon 6 Outlet Ditch. This software system uses cross-section data and design flows as inputs to generate the hydraulic performance outputs. CLD took 31 cross -sections, generated by BricsCAD Pro computer drafting software, of the 390 linear foot (If) outlet ditch and loaded them into the HEC-RAS model. Due to the potential impacts of continued erosion along the outlet ditch, CLD modeled the maximum flow through the riser assembly as the design flow for this ditch. The maximum theoretical elevation of water over the Lagoon 6 Outlet Riser is 7.82 fmsl and is equal to the elevation of the pond bank. The riser outlet barrel invert is at elevation 0.82 fmsl. The orifice equation yields the highest possible discharge from the outlet structure. The maximum flow through the 36-inch discharge barrel approximately 80 cubic feet per second (cfs) based upon a coefficient of orifice flow discharge of 0.60. CLD evaluated the performance of the Lagoon 6 Outlet Ditch at the aforementioned design criteria under three scenarios: existing conditions (unlined), flow surface lined with Class-1 rip rap armament, and the installation of five rip rap weirs across the channel. RECEIVED NOV 0 7 2017 DCM- MHD CITY RECEIVEr DCM WILMINGTON, NC 22 SEP 2 5 2017 23 Model Results and Recommendations The following graphs are modeling outputs from the HEC-RAS model for this project. Refer to Appendix A for exhibit drawings for this report. Existing Conditions Hydraulic Profile 6M1 WMI Dft�RSO PW PWM IV14WG Velocity Profile a I$ 3 16 III l� �N The velocities within the existing unlined ditch during discharge conditions ranges between approximately 2.4 fps and 6.8 fps and are consistent with the erosion patterns observed in the ditch. RECEIVED NOV 2O17 RECEPIED DCM WILMINGTON, NC DCM- MHD CITY OOEP 2 b 2017 24 Rip Rap Weirs Hydraulic Profile Profile eniau.�owgw.n vw. v�.o. +zn.rme The installation of the weirs across the channel lowers the velocities within the ditch during discharge conditions to be between approximately 1.4 fps and 3.8 fps. While this velocity is lower than the unlined conditions, it is more twice the minimum erosive velocity within the channel and 45 times greater than the transportation velocity of the soils. CLD anticipates that scour erosion will continue throughout the length of the ditch and specifically at the interface between the weirs and the ditch side -slopes and bottom. This scenario may provide a reduction in the erosion within the ditch while the weirs and ditch dimensions remain in the design conditions. However, it is not anticipated to provide long-term stabilization and this lining protocol is anticipated to fail due to continued erosion — similar to the mechanism of failure for the Filtrexx Sock stabilization. Due to site access constraints, proximity to personal property, and the cost of performing continued heavy -machinery maintenance work on BHI, CLD does not recommend this lining protocol for the outlet ditch. RECEIVED NOV 0 7 2017 RI=CEiv'EI'i ACM WILMINGTON, NC DCM- MH®CIt 4EP25Nil Class-1 Rip Rap Armament Hydraulic Profile Velocity Profile r eH weiomn nnn w,: vs. o, iznmois w�. en an�o�nnn w.:vw�w , nms Armament with Class-1 rip rap lowers the velocities within the ditch during discharge conditions to be between approximately 2.0 fps and 5.2 fps. While this velocity is above the erosive and transport velocity of the ditch soils, it is lower than the unlined conditions, and the geotextile lining underneath the rip rap armament will prevent erosion of the underlying soils. CLD anticipates that this stabilization approach is the more viable solution for the outlet ditch and will provide long-term stabilization that adequately addresses the erosion problems within the outlet ditch. The capital cost of this work is higher than the weir stabilization scenario; however, this scenario is designed as a permanent stabilization measure and, outside of normal operation and maintenance activities, should require limited need for additional work and disturbance. RECEIVED NOV 0 7 2017 25 DCM- MHD Cfl I WILMINGiON,NC SEP 2-5 2017 Conclusions This project requires the stabilization of approximately 390 If of outlet ditch downstream of the Lagoon 6 outlet pipe. CLD recommends installation Class-] armament across the ditch bottom and ditch side -slopes to an elevation at least one foot above the design water surface elevation. This stabilization protocol provides a permanent solution to the erosion issues within the outlet ditch. CLD does not recommend the installation of the weirs across the ditch due to their temporary nature, high level of maintenance and repair, and failure to stop erosion within the ditch. We appreciate the opportunity to provide this stormwater pumping analysis to you and please feel free to contact us should you have any questions or concerns. Sincerely, Jeff Petroff,PE Coastal Land Design, PLLC PO Box 1172 Wilmington, NC 28402 (910) 254-9333 x 1002 Attachments: Appendix A— Preliminary Stabilization Drawings RECEi-VED NOV 0 7 2017 DCM-MHO CITY DCM WILM NG ON, NC 26 SEP 2 5 2017 Bald Head Island Drainage Way Vicinity Map Brunswick County �lMa-s'� Ilatmr In� — 6Wd IMa.I lalan.� Lmm1M VKetgn N<nlels � Q So Rrv<.sMe RM'rerno'. • i' smash mlena Mu:<on, v'Sh/ng Creek d bale � IdaM fry � : toSN Lww Old Bally bghlhouse B Smith Island Museum Bak Read lsia1 Chapel II of Bald Bald head Assorxlan Town Hall l 9� 103N Bald Nlyd Wynd � OG yea tiNa a Seebette Renlels E Snks EGF1 ED RECEIVED NOV ® 7 2017 DCM WILMINGTON, NO ao SEP " ZOM, nnRa_ noun rrry 16 Bald Head Creek Water Classification Map Surface Water Classification Stream Index: 18-88-84 l Stream Name: Bald Head Creek om Description: From source to Cape Fear River 'g Classification: SA;HQW Classification Date: August 8, 1981 River Basin: Cape Fear What does this More info Class. Mean? Bald Head Island CUb I LZM—M—tQ IL.. RECEIVED NOV 0 7 2011 RECEIVED DCM W!LV!t, ,TON. NC (ACM- MHD CITYSEP252017, I 1 Y i 413) L i .3 1 i'- _! Denis Cree�k/ :; ° 010319 a Dutchman Creek_ .. f - _—.010319 nN!lllit !r -j��ry � 11. tkiumruN7l/�l111(� IIIi r �rM �, . r r 1IIi'lll IMIII. ' ylhllliL' UK Piney Point Creek .010319 h! Molasses, Coward, `C Smokehouse Creeks swil AOLW ' I \ This map was produced by the Geographic Information Systems (GIS) program. Informational data used to create this map were collected from federal, state, county, and private organizations. This map is a general guide to assist the public and is for illustrative purposes only. While every effort is made to keep this map accurate and up-to-date, it is not intended to replace any official source. Under no circumstances shall the State of North Carolina be liable for any actions taken or omissions made from reliance on any information contained herein from whatever source nor shall the State be liable for any other consequences from any such reliance. I �7 (MD;ZRA .010319ci .,., Walden Creek l.' U .L e111N �10R1 1`611LK AIR FORCE ST• .010510 Cape Fear River 0103 19 b The Basin �o Deep Creek _ .0103 19 It iv .0103 19 It iii r ♦`` Bluff Island Creek (East Beach Creek) I 4Y�, `♦ ! _ _0103 19 It ii I _ Cape Creek .0103 19 It i Cape Fear Baldhead Creek Background imagery am U.S. Geological Fishery Nursery Auras Fishery N p�� p Survey 1:100,00o-scala planinneMc maps. (] PnMry ry �sr Pemanerd Secondary 0+>+'Vr'='%'_-" "" Map Datum: NAD83 Special SetnMary r7 1'7 Map Projection: NC Slate Plane NOV 0 1 2a11 Map Date: March 2011 Zones Danger 1000 0 1000 2000 VeNs _� Zones and Restricted Areas klrator map IW C 0 0.7 10.7 1.4 "Als - INeM v2tels `..B(i luredidlon) . M LJ D �I � ��{',l ,•A•I.: 18 Village of Bald Head Island Drainage Way CAMA Major Permit 5ILGi Attachment 5 US Fish & Wildlife Service IPaC Report RECEIVED Page 11 NOV 0 7 2017 %itN �iON, NC 29 CCM- MHD CITY z 5 209A- IPac IPaC resource list U.S. Fish & Wildlife Service This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Brunswick County, North Carolina • O Ir jOC G s, YYY Local office Raleigh Ecological Services Field Office t. (919) 856.4520 JJ (919) 8564556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 RECEIVED NOV 0 7 2017 RECE!V'ED DCM Wli_MINGTON, NC 30 DCM- MHD CITY SEP 2 5 201h Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population, even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project - specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. jO 2. Click DEFINE PROJECT. `'t a I VN 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. [� Listed speciesl are managed by the 1:CologicaLSeOrites[�jtMU.S. Fish and Wildlife Service. 1. Species listed under the �� threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. Seethe ' f ore informatlon. The following species are pot ti affected by activities in this location: Mammals NAME STATUS West Indian Manatee Trichechus manatus Threatened There Is a final critical hahitat designated for this species. Your location is outside the designated critical habitat. http J/ecos.hw .gov/ecp/species/4464 Birds NAME STATUS Piping Plover Charadrius melodus Threatened There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. httns://ecos.fws.aov/eco/soecies/6039 Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. httns://ecos.fws.2ov/eco/snecie=/1964 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. httns:// cos.fws oy/ecri/s,eciesf7614 Wood Stork Mycteria americana Threatened No critical habitat has been designated for this species. httns://ecos.fws.eov/ecn/soecies/9477 Reptiles NAME RECEIVED NOV 0 7 2017 RECEIVED DCM WILMINGTON, NO 31 DCM- MHD CITY SEP 2 4 20171 American Alligator Alligator mississippiensis SAT No critical habitat has been designated for this species. httos://ems.fwygov/eco/species/776 Green Sea Turtle Chelonia mydas Threatened No critical habitat has been designated for this species. httos//erns tws eov/eco/species/6199 Hawksbill Sea Turtle Eretmochelys imbricata Endangered There is a final critical habitat designated for this species. Your location is outside the designated critical habitat. httns://ecos.fws.vo>v�p/speries/3656 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered No critical habitat has been designated for this species. httos://ecos fws.eov/ecu/soecies/5523 Leatherback Sea Turtle Dermochelyscoriacea Endangered There is a final critical habitat designated for this species. Your location Is outside the designated _+ critical habitat. • O `` ` h1MY/ems fws.aov/,cn1s,ecfes/1493 Loggerhead Sea Turtle Carettacaretta Threatened There is a final critiral habitat designated for this species. Your location is outj hS ed critical habitat. MO ``` httns://ec.fws.eov/eco/snecies/1110 Fishes A` t NAME tv O STATUS Atlantic Sturgeon Acipenser oxyrinchus oxyrinchus Endangered No critical habitat has been designated for this species. httn._geca=.fws.gov/erpCpe i 5/ 2 Shortnose Sturgeon Acipenser brevirostrum Endangered No critical habitat has been designated for this species. https://ems.fws.gov/em/species/6635 Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica Candidate No critical habitat has been designated for this species. hum ://ecos.fws.eov/eco/species/6216 Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. https://ecos fws vov/eco/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. httnsl/ecos fws eov/eco/snecies/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. httos://ecos.fws gov/eco/soecies/8549 RECEIVED Critical habitats NOV 0 7 2017 Potential effects to critical habitat(s) In this location must be analyzed along with the endane�ered species themselves. UCLA- MHD CITY RECEIVED DCM WILMINGTON, NC 32 SEP 2 5 20171 THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act-. Any activity that results in the take(ta..hacass,. harm..t ucsue..hunL.shoot .wound,..kill,_trep,..captuce .a[_call.ect .actt.a[tempt-ta..engage.ln.any 5wch.con.du.ct) of migratory birds or eagles is prohibited unless authorized by the U.S. Fish and Wildlife Service}. There are no provisions for allowing the take of migratory birds that are unintentionally killed or injured. Any person or organization who plans or conducts activities that may result in the take of migratory birds is responsible for complying with the appropriate regulations and implementing appropriate conservation measures. 1. The i rato Birds Treaty Act of 1918. 2. The Bald and Golden Eaele Protection Act of 1940. 3.50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) Additional information can be found using the following links: .A • Birds of Conservation Concern htto_//www.fws.gov/birds/manaeement/managed-species/ a o In rds-of-conservation-concern.oho • Conservation measures for birds http I/www.fws.goy/birds/managemenUpro,,ect conservation -measures oho • Year-round bird occurrence data The migratory birds species listed below are species of particulrs An concern (e.g. Birds of Conservation concern) that may be potentially affected by activities in this location.0 is t��l•,-�t otr'eryird species you may find in this location, nor a guarantee that all of the bird species on this list will be found on or neay''['iA&tln. Although it is important to try to avoid and minimize impacts to all birds, special attention should be made to avo' i imizehnpacts to birds of priority concern. To view available data on other bird species that may occur in your project area, pilli e and Other Bird Data Resources. To fully determine any potential effects to species, additional site-specifi project -specific information is often required. NAME SEASON(S) American Bittern Botaurus lentiginosus Wintering httos://ecos.fws.eov/eco/species/6582 American Kestrel Falco sparverius paulus Year-round American Oystercatcher Haematopus palliatus Year-round httpsJ/�tw .2ov/ecp sspecies/8935 Bachman's Sparrow Aimophila aestivalis Year-round httasy/ecocfws.eov/eco/species/6177 Black Rail Laterallusjamaicensis Breeding httos://ecos.hw .eov/eco/soeciesn717 Black -throated Green Warbler Dendroica virens Breeding Fox Sparrow Passerella iliaca Wintering Gull -billed Tern Gelochelidon nilotica Breeding hunsl/ems tws ¢ov/eco/soenes/9so1 Least Bittern Ixobrychus exilis Breeding https://ecos.fws yov/em/species/6175 Least Tern Sterna antillarum Breeding Lesser Yellowlegs Tringaflavipes Wintering httoc_ /httosc//ecos.fwsgov��edes/9679/9679_ RECEIVED NOV U 7 2017 DOM WILMINGTON, NO 33 DCM- MHD CITY SEP 2 5 2017,. Marbled Godwit Limosa fedoa Wintering httos://ecos.fws.gov/Ka/species/9481 Nelson'sSparrow Ammodramusnelsoni Wintering Prairie Warbler Dendroica discolor Breeding Prothonotary Warbler Protonotaria citrea Breeding Purple Sandpiper Calidris maritima Wintering Red-headed Woodpecker Melanerpes erythrocephalus Year-round RustyBlackbird Euphaguscarolinus Wintering Saltmarsh Sparrow Ammodramus caudacutus Wintering •terSeaside Sparrow Ammodramus mari[imus V)�� Short -billed Dowitcher Limnodromus griseus �, ``IL Wintering https://ecos.fws.eo /e�necies/9480 ( ./� �1 Short -eared Owl Asio flammeus O C0O ` Wintering httos-//�fw .eov/eco/_spec__ies/``92955 Swainson's Warbler Limnotv4sVgns�i Breeding Whimbrel Numenius phaeopus Wintering httos//ecosfws.gW/ec Wryecies/9483 Wood Thrush Hylocichlamustelina Breeding Yellow Rail Coturnicops noveboracensis Wintering httos-/Iecos.fws gov/eco/smcies/9476 What does IPaC use to generate the list of migratory bird species potentially occurring In my specified location? Landblyds: Migratory birds that are displayed on the IPaC species list are based on ranges in the latest edition of the National Geographic Guide, Birds of North America (6th Edition, 2011 byjon L. Dunn, and Jonathan Alderfer). Although these ranges are coarse in nature, a number of U.S. Fish and Wildlife Service migratory bird biologists agree that these maps are some of the best range maps to date. These ranges were clipped to a specific Bird Conservation Region (BCR) or USFWS Region/Regions, if it was indicated In the 2008 list of Birds of Conservation Concern (BCC) that a species was a BCC species only in a particular Region/Regions. Additional modifications have been made to some ranges based on more local or refined range information and/or information provided by U.S. Fish and Wildlife Service biologists with species expertise. All migratory birds that show in areas on land In IPaC are those that appear in the 2008 Birds of Conservation Concern report. Atlantic Seabirds: Ranges in IPaC for birds off the Atlantic coast are derived from species distribution models developed by the National Oceanic and Atmospheric Association (NOAA) National Centers for Coastal Ocean Science INCCOS) using the best available seabird survey data for the offshore Atlantic Coastal region to date. NOAANCCOS assisted USFWS in developing seasonal species ranges from their models for specific use in IPaC. Some of these birds are not BCC species but were of interest for inclusion because they may occur in high abundance off the coast at different times throughout the year, which potentially makes them more susceptible to certain types of development and activities taking place in that area. For more refined details about the abundance and richness of bird species within your project area off the Atlantic Coast, see the Northeast ocean Data Portal. The Portal also offers data and information about other types of taxa that may be helpful in your project review. About the NOAANCCOS models: the models were developed as part of the NOAANCCOS project: Inteerative Statistical Modeling and Predictive Mapping of Marine OuterBird Distributions and Abundance on the Atlant c Cont nental Shel. The models resulting from this project are being used in a number of decision- supporVmapping products in order to help guide decision -making on activities off the Atlantic Coast with the goal of reducing impacts to migratory birds. One such product is the Northeast Ocean Data Portalwhich can be used to explore details about the relative occurrence and abundance of bird species In a particular area off the Atlantic Coast. All migratory bird range maps within IPaC are continuously being updated as new and better information becomes available. Can I get additlonaI Information about the levels of occurrence In my project area of specific bo p(yryllplafjllyds�l5te�(n IPaC? Landblyds: REGE�\Y/EU RECEIVED DCM WILMINGTON, NC 34 NOV 0 7 2017 SEP 2 5 201t IICIIA_ U14n CITY The Avon Knowledge Network IAKM provides a tool currently called the "Histogram Tool", which draws from the data within the AKN (latestsurvey, point count, citizen science datasets) to create a view of relative abundance of species within a particular location over the course of the year. The results of the tool depict the frequency of detection of a species in survey events, averaged between multiple datasets within AKN in a particular week of the year. you may access the histogram tools through the Migratory Bird Programs AKN Histogram Tools webpage. The tool is currently available for regions (California. Northeast U.S., Southeast U.S. and Midwest), which encompasses the following 32 states: Alabama, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, Newjersey, New York North, Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia. and Wisconsin. In the near future, there are plans to expand this tool nationwide within the AKN, and allow the graphs produced to appear with the list of trust resources generated by IPaC, providing you with an additional level of detail about the level of occurrence of the species of particular concern potentially occurring in your project area throughout the course of the year. Atlantic Seabirds: For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you In your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAANCCOS Integrative Statistical Modeling and Predictive Maori na of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf oroiect webpage. Facilities W'Idl'f f tat 00 j j e re uges ` Any activity proposed on Nationaf wildlife Refuge lands must underg�a"Sb�Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. c►v ` ` THERE ARE NO REFUGES AT THIS LOCATION. t J O C N►° Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats maybe subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local u.S_ Army Corns of Engineers District. THERE ARE NO KNOWN WETLANDS AT THIS LOCATION. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level Information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude Imagery. Wetlands are Identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery, thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through Image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions RECEIVED 11 NOV 0 7 2017 ;�ECEIVEV DCM wILMINGTON, INC 35 DCM- MHD CITY sEP 2L5 20IZ Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt. in either the design or products of this inventory, to define the limits of proprietary Jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons Intending to engage in activities imicil ing modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. tat`®V\ C CO �O RECEEVIE D NOV 0 7 2017 DCM- MHD CITY 92 v,: FON, NO Z5ZWA Village of Bald Head Island Drainage Way CAMA Major Permit 5E-Gi Attachment 1 Property Owner Information RECEIVED Page 7 NOV O 7 2017 DCM W L fINGRECUTO N. NC 11 DCM- MHD CIM 2 5 201Z MacPherson, Tara From: Dana A. Lutheran <dlutheran@segi.us> Sent: Wednesday, November 01, 2017 4:14 PM To: MacPherson, Tara Subject: [External] Corbin Cert Mail Rcpt CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to report.spam@nc.gov. One down one to <,o. Dana A. Lutheran RECEIVED DCM WILMINGTON, NC NOV 0 2 2017 I RECEIVED NOV 0 7 207 DCM- MHD CITY ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hear by certify that I own properties or I am authorized to represent the owner of property located adjacent to the Village of Bald Head Island's and the Everhart's (herein referred to as the "Applicants") properties, which are located on North Bald head Wynd , in Bald Head Island , Brunswick County . North Carolina. The Applicant has described to me, as shown below, the proposed development at the above location, and I have no objections to the proposal. INSERT DESCRIPTION AND/OR DRAWING OF THE PROPOSED DEVELOPMENT: (To be completed by the Applicant proposing the development) ********* Please see attached site plan and project narrative *********** �TAT'� d G Nn�z7y C/}i2o�(lAh9- Southern Environmental Group, Inc. — Dana A. Lutheran Applicant (Agent) Riparian Property Owner Printed Name 5315 South College Road, Suite E /16 Wo T/d2 S 5'7- 41055� Mailing Address Mailing Address NC 28412 City/State/Zip 910.452.2711 919— Telephone Number Telephone N 10/31/17 Date Signature Date — 4(a"1 q ELM WILM NU -�" fJ'. NOV 0 2 20kCESVED NOV 0 7 2017 DCM- MHD CITY Village of Bald Head Island Drainage Way Property Owners Map & Tax Information (Source: Brunswick County GIS) IIac1 A RECEIVED 1 racl IL HZ EC E IVEDDCM WILMINGTON, NC NOV 0 7 2017 SEP 2 b 2017 50 DCM- MHD CITY Bald Head Island Drainage Way CAMA Major Permit Adjacent Property Owners Map (Source: Brunswick County GIs Map) .-000005 , \ ARPO 2 ,as I $ 1g0 ■,oso will ?ROOD R 2600000518 •+os 26000001 r Adjacent Riparian Property Owner (ARPO) 1 Adjacent Riparian Property Owner (ARPO) 2 RECEIVED RECEIVED NOV 0 7 2017 DCM WILMINGTON, NC DCM- MHD CITY SEP 2 5 2017 Village of Bald Head Island Drainage Way Property Owners Map & Tax Information (Source: Brunswick County GIS) Tract A I1,kl B RECEIVED DECEIVED DCM WILMINGTON, NC 12 NOV 0 7 2017 Str B 5 NIL rnre.� 11171,017 1:11:tB Du 13 BALD HEAD ISLAND LIMITED LLC Return/Appeal Notes: parcel: 26000005I8 PLAT: UNIQ ID 157033 SPLIT FROM ID 13890 0038660 ID NO: 300 O1367180 BRUNSWICK COUNTY (100), DOSHER HOSP TAX (100), VILLAGE OF EHI (100) CARD NO. 1 0/ 1 Revel Year: 2015 Tax Year: TR-BATTERY 4 CREEK LT 1.32 AC Bill PL 86130 2016 1.320 AC SRC= praised by 33 on 12/10/2014 406A BALD HEAD ISLAND GOLF TW-03 Cl- FR E%- AT- 1] 01 Sr LAACTION 20141210 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE TOTAL POINT VALUE S MO EN. Prea UA BASE RATE RCN EY Y REDENCE TO BWLDING ADJUSTMENTS OT& ADJUSTMENT 981 00 1 b GOOD )EPR. BUILDING VALUE - CARD ACTOR TOTAL QUALITY INDEX TYPE: VACANT LAND DEPR. OB/XF VALUE - CARD MARKET LAND VALUE - CARD 1,071,84 STYLE: OTAL MARKET VALUE - CARD 1 021 84 OTAL APPRAISED VALUE- CARD 1,021,84 TAL APPRAISED VALUE - PARCEL 1,071,84 TAL PRESENT USE VALUE - PARCEL TAL VALUE DEFERRED - PARCEL TAL TAXABLE VALUE - PARCEL $ 1,071,84 PRIOR BUILDING VALUE BXF VALUE AND VALUE 1,260,00 RESENT USE VALUE EFERRED VALUE OTAL VALUE 114L,620 00 PERMIT CODE I DATE NOTE I NUMBER I AMOUNT ROUT: WTRSHD: SALES DATA FF. RECORD ATE DEED INDICATESALES BOOK PAGE O R TYPE PRICE 03235 101fi 2 01 SL* E V 65100 00532 0546 1 6 198 WD U V HEATED AREA NOTES SUBAREA RPL OO UAL DESCRIPTION OUN LTH UNITS UNIT PRICE ORIG % COND LDG SIZE ANN DEP FACT Y RAWV % COND OB/XF DEPR. VALUE GS TYPE AREA • CS OTAL OB XF VALUE IREPLACE UBAREA DIALS BUILDING DIMENSIONS LAND INFORMATION THER ICODEJ DOUSTMENTS AND LAND TOTAL HIGHEST AND USE LOCAL FRON DEPTH LND COND OTES O UNIf LAND UNT TOTAL AD]USIED LAND OVERBID LAND EST USE ZONING TAGE DEPTH /SIZE MOD FACT RF AC LC TO OT TYPE PRICE UNITS TYP ADZT UNIT PRICE VALUE VALUE NOTES FR MARSH 0108 PD-3 0 0 2.2500 4 1.0300 22 +25 +DO +00 +00 PS 350,ODO.0 1.32 AC 2.32 812,000.0 102184 OTAL MARKET LAND DATA 1.32 1,011,84 OTAL PRESENT USE DATA RECEIVED nGCEIVEO NOV p 7 2017 DCM WILMINGTON, NC DCM- MHD CITY �`r 2 5 2011 14 BRUNSWICK COUNTY 2/17/2017 9:04e14 PM EVERHART SHIRLEYD Retum/Appeal Parcel: 2604CO1801 Notes: 103 N. BALD HEAD WYND BH PLAT: UNIQ 10 / 139191 0028433 ID NO: 300401369130 BRUNSWICK COUNTY (100), DOSHER HOSP TAX (100), VILLAGE OF BHI (100) CARD NO. 1 of 1 Revel Year: 2015 Tax Year: 2016 T-1 .89 AC GAZEBO BHI PL X/231 0.890 AC SRC= Appraised by 33 on 12/10/2014 406A BALD HEAD ISLAND GOLF TW-03 Cl- FR- EX- AT- L155T ACTION 17 01 20140930 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE Foundation - 3 Eff. BASE Standa 0. 19000 Piem>8ftw Con 4.0 5 MO Area UA RATE RCN EYB AYB REDENCE TO MARKET up Floor System - 4 94 011 3,666 11231 215.25 P909081199r4l9941 % GOOD Nit. HEPR. BUILDING VALUE - CARD 640 69 I wd PD bd 8.0 TYPE: SFR-BHI SFR CONSTRUCTION EPR. 08/XF VALUE - CARD 5,84 PIAMIKET LAND VALUE - CARD 500,00 Extenor Walls- 17 Cedar or Redwood Scloo 32oK STYLE: 2 - 1.5 Stones VITAL MARKET VALUE - CARD 1,146,48 Roofing Structure - 03 Gable ].0 VTAJL APPRAISED VALUE- CARD 1,146,48 Roofing Cover- 03 Com osltion Shingle 3.00 1 OTAL APPRAISED VALUE - PARCEL 1,146,48 Intenor Wall Construction - 5 D wall/Sheetrock 28.0'OTAL PRESENT USE VALUE - PARCEL VALUE DEFERRED - PARCEL Interior Wall Construction - 6'OTAL Custom Interior 0.0 OTAL TAXABLE VALUE - PARCEL $ 1,146,48 nterior Floor Cover- 11 eremic ClayTile 16.0 PRIOR Interior Floor Cover - 12 BUILDING VALUE 5]3,98 Hardwood 0.0 I Y II 0 k r U M BXF VALUE 6,94 LAND VALUE 420,00 RESENT USE VALUE C HeatingFuel - 04 Electdc 1.0c I LM I ripDR EFERRED VALUEHeating OTAL VALUEE 1,000,92E Type - 09 Heat Pump Onl 4.0 KIYu p ❑ X' Air Conditioning Type - 03 Centel 4.0 0 u w AA X 13edrooms/Bathrooms/Half- Bathrooms PERMIT CODE I DATE I NOTE I NUMBER AMOUNT 3 1 17.00 a Bedrooms ROUT: WTRSHD: B45-4 FUS -DLL-O r r Bathrooms SALES DATA Bay - 3 - O r I EF GATE GEED INDICATE SALES Half- hrooni I FUS - BAS - 1 FUS - 0 LL- 0 K lr �: TYPE V/ PRICE 0014P 00 PAG M R Office 3]4] 1214 3 201 GW U 1 BAS -O FUS -DLL-O l II 1: 3523 296] 0925 989 989 153 5 8 4 200 200 199 WD WD WO E U U 1 1 V 17500 OTAL POINT VALUE 124.00 BUILDING ADJUSTMENTS Market Desi n 9 1.040 uali[1 3 Avera a 1.000 Size lSi.el Size 1 0.950 OTALADIUSTMENT FACTOR 0.99 OTAL QUALITY INDEX 12 HEATED AREA 3,730 NOTES Click on Image to enlarge SUBAREA OD DESCRIPTION OUN TH UNITS UNIT PRICE ORIG % COND BLDG AYB EYB ANN DEP RATE V % COND ClDWI VALLI w TYPE AREA % RPL CS 22 CONCRETE 2 PIER/DOCK (RESID) DOCK 4 RAMP PAVIN (FLOATING) PIE DOCK 4 2 1 1 60 18 28 6 3.5 I6.0 I6.0 16.0 I 1 1 1 199 199 199 199 199 199 199 199 5 S 5 S2 4 6 4 6 1 02 194 219 67 BAS 2,15 10 46278 FUS 1 58 9 30608 UOP 16 2 731 25 ADD 30 2 1291 FIREPLACE I- Prefab 1 80 SUBAREA OTAL OB XF VALUE 5,84 TOTALS 4,20 90,90 BUILDING DIMENSIONS B=W12W19N6W30540E12S3EIIN3ESOS3E11N3E12N34Area:2150;WDD-N11W1055W456E14p a:134;UOP=W12S14E12N14Ama:168;FUS-W24N6W305 28E856E38N8EBN20Ama:15SOiWDD=W12S14E12N14Aea:168;ToMKma:4200 ND INFORMATION THER DIIISTMENTS AND LAND TOTAL IGHEST AND USE LOCAL FROM DEPTH LND COND OTES OAD UNIT LAND UNT TOTAL ADJUSTED LAND VERRD) LAND BUT USE CODE ZONING TAGS DE SIZE MOD FACT RF AC LC TO OT TYPE PRICE UNITS TYP ADIST UNIT PRICE VALUE VALUE NOTES FR RIVER 0103 PD-1 0 1 D 1 1.0000 1 D 1.0000 PS 500,000.0 1.00 IT 1.00 500,000.01 50000 TOTAL MARKET LAND DATA 500,00 OTAL PRESENT USE DATA RECEIVED Nov 01 .a017 RECEIVED DCM WILMINGTON, NC DCM• MMD CITY SEP B 5 20.11 ADJACENT' RIPARIAN PROPERTY OWNER STATEMENT I hear by certify that I own properties or I am authorized to represent the owner of property located adjacent to the: Village of Bald Head-rsland's and the Everhart's (Herein referredt to. as the "Applicants") properties; which are located on North Bald: Head Wynd ins Bald Read '.Islandi . Brunswi'ek County . North Carolina. The Applicant has described to me, as shown -below, the proposed development at the above location and.I have no objections to the proposal. INSERT DESCRIPTION AND/OR.DRAWING OF THE PROPOSED DEVELOPMENT: (To be completed by the Applican[ proposing the development): ********* Please see, attached site plan and project narrative *********** Southern Environmental Group, Inc. — Suite E Mailing } %tGfo7 �t�V7a perW Owner Printed Name Address C Received JAN 2 8 1018 DCM Received JAN 2 9 318 DCM ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hear by certify that I own properties or I am authorized to represent the owner of property located adjacent to the Everhart's (herein referred to as the "Applicant") property, which is located at 103 North Bald Head Wvnd , in Bald Head Island , Brunswick County , North Carolina. The Applicant has described to me, as shown below, the proposed development at the above location, and I have no objections to the proposal. INSERT DESCRIPTION AND/OR DRAWING OF THE PROPOSED DEVELOPMENT: (To be completed by the Applicant proposing the development) ********* Please see attached site plan and project narrative *********** Southern Environmental Group, Inc. — Dana A. Lutheran Applicant A ent Riparian Property Owner Printed Name 5315 South College Road, Suite E 3a�1 !)OZa Mailing Address Mailing Address Wilmineton, NC 28412 City/State/Zip City/State/Zip 910.452.2711 Cly • dq$5r7- 440004 4 Telephone Number Telephone NumlW Signature gn ture I/29/18 S-0"sD,,f? Date Date DCNI WILMINGTON, NC JAN 3 1 2018 '• I AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: The Village of Bald Head Island Mailing Address: PO Box 3009. 106 Lighthouse Wvnd Bald Head Island, NC 28461 Phone Number: (910) 457-9700 Email Address: cmccaIIQv'IIagebhI.aW I certify that I have authorized Southern Environmental Group. Inc. (SEGil Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Works associated with stabilizing the drainage ditch between 103 and 113 N. Bald Head Wynd at my property located at 113 N. Bald Head Wvnd in Brunswick County. / furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature ► Gr+R s t✓1GLA t-L Print or Type Name 10 V t t ,AG t ,AAAfA6j r— Title --► 30 t .f U G t .20(7 Date 10This certification is valid through 3' l MUG t ?. I f(0 ECEIVED NOV 0 7 2017 �/ RECEIVED DCM- MHD CiIRY WILMINGTON, NC AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Shirley and Davld Everhart Mailing Address: 806 John Morgan Road --01 Phone Number: %O N (p L(6 S 3 L( / r �p ff '' z�y��lOs3yl� Cam° ► Email Address: IYIPtIPu C-4 e 4$Ab I certify that 1 have authorized Southern Environmental Group Inc. (SEGi� Agent / Contractor to act on�ty behalf, for the purpose of applying for and obtaining all CAMA permits for the following proposed development: works associated with stabilizing the drainage digh between 103 and 113 N. Bald Head Wynd w � at my prc'�)erty located at 103 N. Bald Head Wynd U tO G U c in BE&nswick County. o � I furthentre certify that I am authorized to grant, and do in fact grant permission to Division 0 Coastal Management staff, the Local Permit Officer and their agents to enter E on the aforementioned lands in connection with evaluating information related to this permit application. Property Z Inform n: T —► sk,/ .p m�wyng�uro 1(.�/� 1 Il MF 4 t-i (, t_I}._ Pri or Type Name —� CI�PIPJ� o Title Date N L C U � 9 m a - � This certificatici is valid through �l 3V I a .7 RECEIVED NOV I R CEIVED DCM WWMINGTON NC DCM- MHD CITY SEP 2 5 2017 tnereae�lnts or other t..e.cem, tilt Tax E;iDrem taxes, tees, which Ina Brunswick Con9 that are a hens is charged wim (p0 Gollo n. parcel Number wen otated by the Brunswick C �eAOication This is r1O load ps8 tssor�1� der matches the description. `3 5vast) Tax Co{. -3 IIIIIIIIII I IIIII IIIIIIIIIII IIII III III B3915 P1037 o3g 1PROP 0 Goo Brunswick County, NC Register of Deeds page 1 of 3 Presenter. 9- — 3 Tr o?�_.Ir R.r aI Ca W NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: No Tax Consideration Parcel Identifier No. Parcel #2604C01801 Verified by County on the _ day of 20_ NO OPINION ON TITLE IS EXPRESSED OR IMPLIED BY THE PREPARER OF THIS DEED Mail/Box to: This instrument was prepared by: Ketner 8r Dees Attomeys 121 East Kerr Street. Salisbury. North Carolina 28144 Brief description for the Index: 103 N Bald Head Wynd THIS DEED made this 2nd day of June, 2017, by and between GRANTOR GRANTEE SHIRLEY ANN DAVID EVERHART, TRUSTEE OF THE SHIRLEY ANN DAVID EVERHART TRUST DATED JUNE 19, 2009 (AND ANY AMENDMENTS THERETO) 103 N. Bald Head Wynd Bald Head Island, NC 28461 SHIRLEY D. EVERHART, and husband GEORGE R. EVERHART, III 103 N. Bald Head Wynd Bald Head Island, NC 28461 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Bald Head Island, Smithville Township, Brunswick County, North Carolina and more particularly described as follows: See attached hereto for description of property. Said attachment is incorporated herein and made a part of this deed by reference. All or a portion of the property herein conveyed includes the primary residence of a Grantor. ECf ED ' The property hereinabove described was acquired by Grantor by instrument recorded in Book 3523 ll 1 v 4��e 69. NOV 0 C` NC Bar Association Form No. 3 ® 1976, Revised 0 1977, 2002 D`+�- Itri ® Printed by Agreement with the NC Bar Association —1981 - Chicago Title Insurance Company IIII IIIIII I IIIII IIIIIIIIIII IIIIIII III Brend M. Clem o�s-2a PRop Brunswick County, NC Register of Deeds page 2 of 3 A map showing the above described property is recorded in Plat Book page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Subject to any and all restrictions, easements, reservations and utility rights of way of record which pertain to the within described property - Further subject to Declaration of Covenants, Conditions and Restrictions dated January 29,1982, recorded in Book 498 at page 260 in the office of the Register of Deeds for Brunswick County, North Carolina, and all amendments thereto. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. "I r Shirley Ann Dqqd Everhart, Trustee of the Shirley Ann David Everhart rust dated June 19, 2009. State of North Carolina - County of Brunswick I, the undersigned Notary Public of the County and State aforesaid, certify that Shirley Ann David Everhart, Trustee of the Shirley Ann David Everhart Trust, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this S day of June, 2017. My Commission Expires: l • 3 . d it I -1 NoF US L� VC N� T Typed or Printed Name of Notary Public ReCe1\X® 011 pCtA_ MAD CITY 4E_ n:p't-: �� 1 PUBLIC 1 ts�;�_.....Co� NC Bar Association Form No. 3 ® 1976, Revised © 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 — Chicago Title Insurance Company 6-0 IIIIIIIIII I IIIII IIIIIIIIIII IIIII II III a3si5 P103l m ors ?0'PR00 OP Brunswick County, NC Register of Deeds page 3 of 3 Parcel # 2604C01801 Pin #300401369000 That certain lot or parcel of land being shown and described as Tract 1 on a survey entitled "Plat of the Gazebo Tracts" made by William W. Delaney, II R.I.S., Tide Water Engineering and Surveying, P.A. and duly recorded in the office of the Register of Deeds for Brunswick County in Map Cabinet X, Instrument Number 231. Together with a non-exclusive easement and right of way over and across certain other lands designated as Tract 2 on the aforesaid plat of survey, along a driveway located on said Tract 2 for the purpose of ingress, egress and regress to and from Tract 1 and North Bald Head Wynd. A non-exclusive easement and right of way has been reserved over and across the lands herein conveyed, along a driveway located on said Tract 1, for the purpose of ingress, egress and regress to and from Tract 2 and Tract 3 as shown on the aforesaid plat of survey, and North Bald Head Wynd. The easements herein granted and reserved are subject to the terms and conditions of a Joint Driveway Use and Maintenance Agreement executed by and between the owners of Gazebo Tracts 1, 2 and 3, which agreement shall run with the land and be binding upon their successors and assigns. RECEIVED Nov 0 7 2017 DCM- MHD CITY NC Bar Association Form No. 3 © 1976, Revised ® 1977, 2002 Printed by Agreement with the NC Bar Association — 1981 — Chicago Title Insurance Company TWs card886 that there are no delinquent ad valorem taxes, tees, assessments or other Hens which the Brunswick County Tax Collector is charged with ogil-et-ti-n_gI, that re a Yen on: Parcel Number ;?I(dIJS/tJ as notated by the Brunswick County Assessor's Office. This Is not a certification that the parcel number matches the deed .7/,7i1' .aiil�� Dale {Assf) Tix Cal. I Del. Tax %Kc IIIIIIIIIIIIIIIIIIIIIII11111Jill 11111 IAI35 P1616 earns 33'PROP arunsu,ck County, NC Register of Deads Clepage 1 3 Brenda M. Clemmons Raglster of Deeds 02-12-2016 11.08:33.000 Brunsuck County, NC NC REVENUE STAMP: $1302.00 (tt470120) a t �61 , �jkCov�Ocash$ Refund Cash _ Finar?m ❑Podbasofdoeu%flt are illegible due to condllion _ ofouginal. `karmoloontdins soak vng6nd by original MMY •n.n� NORTH CAROLINA GENERAL WARRANTY DEED Delinquent taxes, if any, are to be paid by the Grantee prior to recording this Deed. Mail after recording to Bald Head Association, P.O. Box 3030. Bald Head Island. North Carolina 28461 This instrument was prepared by Judith A. Ward, P. O. Box 3069. Bald Head Island. NC 28461 Brief description for the Index: "PREPARED WITHOUT OPIMON AS TO TITLE" Parcel ID: 26s $1,3 2 Battery 4 Creek Lot, Bald Head Island, NC Revenue STampe $1, 302.00 THIS DEED made this TU-/day of February, 2016, by and between GRANTOR BALD HEAD ISLAND LIMITED, LLC, a Texas limited liability company P.O. Box 3069 Bald Head Island, NC 28461 GRANTEE BALD HEAD ASSOCIATION, a North Carolina non-profit corporation P.O. Box 3030 Bald Head Island, North Carolina 28461 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Village of Bald Head Island, Smithville Township, Brunswick County, North Carolina, and more particularly described as follows: BEING all of BATTERY 4 CREEK LOT, containing approximately 1.315 acres of land, as the same is shown in that certain plat of survey entitled "Subdivision Survey of Battery 4 Parcel for Bald Head Island Limited, LLC", prepared by ESP Associates, P.A., and recorded in Map Cabinet 86, Page 30, in the Office of the Register of Deeds for Brunswick County, North Carolina, said Lot having the metes, bounds and location as depicted on said plat. Pursuant to N. C. G.S. 105-317.2(2), Grantor states that the property herein described doe&ML C jet G s+ jvj� grintary residence of the Grantor. RCV NOV 07 ZOV 02 12 2016 I IIIIIII IIIII1IIIIIIII11ll�l111l III �3135 ?101] ^i as PR� runsuiek ounty, NC sylslsr of Dpds pays 2 of 3 This conveyance is made SUBJECT TO the following restrictions and conditions: (1) the property herein conveyed shall be held, maintained, administered, and used only as "Common Area", for the common use, benefit and enjoyment of Grantee's members, in accordance with and as defined in Grantee's governing documents; (2) the property herein conveyed shall not be divided, subdivided or developed into residential lots or parcels, nor used for a commercial or paid parking lot (except that Grantee may allow parking, without consideration, for purposes ancillary to Grantee's activities as a property owner's association), as living or sleeping quarters, as a grocery store, supermarket, or for the sale of food or beverages, or in connection with real estate sales, development, property management (except management services provided by Grantee as a property owner's association for its members on a non-profit basis), or brokerage operations, or for golf cart or electric vehicle rentals, sales or maintenance, and the unsightly outside storage of goods, equipment, or other personalty at the property is prohibited. The restrictions and conditions set forth in item (1) above shall run with the land and shall be binding upon Grantee; the restrictions and conditions set forth in item (2) above shall run with the land in perpetuity and shall be binding upon Grantee, its heirs, successors, transferees and assigns, and Grantee, for itself, its heirs, successors, transferees and assigns, agrees, by acceptance of this deed, to abide by the restrictions and conditions set forth herein. However, nothing contained herein shall preclude Grantee from dividing the subject property for the purpose of conveying a portion thereof to the Village of Bald Head Island, North Carolina, or to a non-profit corporation which has conservation or historic preservation as its primary purpose, PROVIDED that any such conveyance shall be subject to the restrictions and conditions set forth under item (2) above. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges, improvements, and appurtenances thereto belonging to the Grantee in fee simple, subject to the exceptions, restrictions and conditions herein set forth; and the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons except for the restrictions, conditions and exceptions herein stated. Title to the property hereinabove described is subject to the following exceptions: (a) Visible easements and easements, covenants, conditions, restrictions, reservations, rights -of - way and other matters of record, and as contained or referenced herein, including but not limited to those contained in that Declaration of Covenants and Conditions Affecting Land recorded in Book 3123, Page 1186 of the, Register of Deeds for Brunswick County, North Carolina, and all amendments and supplements thereto, and the plat of Subdivision Survey of Battery 4 Parcel for Bald Head Island Limited, LLC, recorded in Map Cabinet 86, Page 30 of said Registry; (b) The historical marker installed on the property and the rights, if any, of the public to access and use the walkway crossing the property from North Bald Head Wynd to Lighthouse Wynd; (c) The terms, provisions and conditions of the unrecorded Agreement (if any), among and between the Grantor, Grantee, and the Village of Bald Head Island, regarding the use of the property herein conveyed; RECEIVED (d) Zoning ordinances, building codes, land use and other governtt�j �e ions affecting the use and development of the subject property, and such state off ` o e disclosed by an accurate survey of the property; and DCM- MHD CITY (e) All ad valorem real property taxes and assessments for 2016 and subsequent years, and dues, fees and charges, if any, imposed by any property owner association(s) having jurisdiction of the property .e IIIIIIIIIIIIII'33PIIIII IIII�1m�sRORIIIIIIIIII B3735 P108 BrunswlCounty, NC Register of Deeds page 3 of 3 IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its name by its duly authorized agent and representative, the day and year first above written. BALD HEAD ISLAND LIMITED, LLC, a Texas limited liability company By� (SEAL) Charles A. Paul, III, Manager STATE OF NORTH CAROLINA BRUNSWICK COUNTY I, :4& Jam' t'7L+/'S a Notary Public for said County and State, do hereby certify that Charles A. Paul, III, Manager of Bald Head Island Limited, LLC, personally appeared before me this day, and being by me duly swam, says that he executed the foregoing instrument for and on behalf of the said Bald Head Island Limited, LLC. WITNESS my hand the, day of February, 2016. �v�O�ARY Z' mp PUBO '•• 'I'SWI C K G�, . My commission expires: / Z - jr-- an/A RECEIVED NOV 0 7 W7 DCM- MHD CITY Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in all Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 90-13 Issued to Shirley & David Everhart, Bald Head Island Limited and VBHI, addresses as listed in Condition 01 of this permit. Authorizing development in Brunswick County at Bald Head Creek, 103 N. Bald Head W ty ld and 113 Lighthouse Landing, Bald Head Island, as requested in the permittee's application dated 4/29/13 (MP-1) and 6/4/13 (MP-2), including the attached workplan drawings (2), 1 dated revised 6/4/13 & 1 dated revised 5/17/13 This permit, issued on Attgng , 2013 , 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 oc to tines, imprisonment or civil action; or may cause me permit to no nun ana voia. The following listed individuals or entities are a party to this permit in accordance with documentation provided by the applicant: a. Shirley and David Everhart, 104 New Castle Circle, Salisbury, NC 28144 b. Bald Head Island Limited c/o Jim Henry — Development Director — PO Box 3069, Bald Head Island, NC 28461 c. The Village of Bald Head Island c/o Stephen Boyett — Development Services Director — PO Box 3009, Bald Head Island, NC 28461 (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. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. raxton C. Davis Director Any maintenance work or project modification not cov_ergd� t ' p EEC G � / Division of Coastal Management hereunder requires further Division approval. !'` I y All work must cease when the permit expires on Novo 7 2)! is permit and its conditions are hereby accepted. December 31, 2016 In issuing this permit, the State of North Ca13^1#eeJAHD that your project is consistent with the North Carolina Coastal Management Program. CITY Signature of Permitter 52 r-.CM N,nl rNir�i ,TON, ! t, i; :d , ! " � - 1. If , !, , 11 — .. Shirley and David Everhart, Bald Head Island Limited Permit #90-13 The Village of Bald Head Island Page 2 of 3 ADDITIONAL CONDITIONS Shoreline Stabilization 2) Unless specifically altered herein, this permit authorizes the installation of the geotextile and aggregate socks and the grading and other land disturbing activities associated with the construction of the shoreline stabilization project, all as expressly and specifically set forth in the attached permit application and workplan drawings. Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796-7215 for this determination. 3) The alignment of the authorized geotextile and aggregate socks shall adhere to the alignment depicted on the attached workplan drawings. 4) The geotextile and aggregate socks shall not extend more farther waterward of the normal high water line than depicted on the attached workplan drawings. 5) The geotextile and aggregate socks shall be free from loose dirt or any pollutant. They shall be of a size and design sufficient to prevent their movement from the approved alignment by wave or current action. Sedimentation and Erosion Control 61) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 7) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 8) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) No vegetated wetlands shall be excavated or filled, even temporarily, witho iWEGn. 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to0ig17)aM?vithout the written approval of the Division of Coastal Management. ��+�� I►�I �+1T 12) The permittee and/or his or her contractor i&tV�F�yttit pp}esentativb�ldpt4lt!DI Hi PpP y project initiation. > %Q%0 V GL- 53 �, Shirley and David Everhart, Bald Head Island Limited Permit #90-13 The Village of Bald Head Island Page 3 of 3 ADDITIONAL CONDITIONS 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 13-0607. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2013-00407 which was issued on 6/26/13. RECEIVED NOV 0 7 2017 DCM- MHD CITY( RECEIVED DCM W!LMINGTON, NC 54 Coastal Land Design, PLLC Civil Engineering/Landscape Architecture Land Planning/Construction Management P.O. Box 1172 Phone: 910-254-9333 Wilmington, NC 28402 Fax: 910-254-0502 w .cldeng.com 'Z7 To: NCDEQ-DCM 127 Cardinal Drive Extension Wilmington, NC 28405 (910)796-7216 Attu: Date: November 2, 2017 File: 250-08 Subject: Bald Head Island Outlet Ditch ❑ As Requested ❑ For Your Files ❑ For Distribution ® For your Review / Action / Approval ❑ Sent via Mail ❑ Sent via Courier Quantity Drawing No. Description 26 Sheets Sheet C-01: Ditch Stabilization Plan Remarks Please contact our office should you have any questions or concerns. Thank you. NOV 07 Z017 CC: File rN',V ^` ,CCoastal Land Design, PLLC Client IM G , 2 2017 U Signed Jeff Pe Coastal Management ENVIRONMENTAL QUALITY November 3, 2017 Southern Environmental Group, Inc. (SEGi) c/o Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28412 Dear Ms. Lutheran: ht e ROY COOPER Omemur MICHAEL S. REGAN I—AW,- BRAXTON DAVIS hra'1t1n' The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Shirley & David Everhart and the Village of Bald Head Island, for State approval to stabilize the Lagoon System Outlet Ditch, located at 103 North Bald Head Wynd and 113 Lighthouse Wynd, adjacent to Bald Head Creek on Bald Head Island Brunswick County. It was received as complete on October 26, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision is January 9, 2018. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from October 26, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I13A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacPherson Field Specialist cc: Heather Coats, DCM Doug Huggett, MHC Stephen Boyett . VBHI Chad Coburn, DWR Liz Hair, USACE Curt Weychert, DCM Fisheries Jeremy Humphrey, Shellfish Sanitation State of North Carolina Environmental Quality I Coastal Management 127 Cardinal [rive FM., Wilmington, NC 28405 910-796-7215 RECEIVED NOV 0 7 2017 DCM- MHD CITY NOTI(*10170A CAMA PERMI APPLIED FOR ,,To stabilize an existing drainageway outlet ditc Isla m COMMENTS ACCEPTED THROUGI- Womyniber 30,_2017 APPLICANT: Agent: Dana Lutheran (910) 452-2711 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: �1NC nh.r- of ircastal Management 127 Car.mnal n. Pxtrenr- ocn Wilmington, NC 98405- TaFa Macpherson, Eiefd Specialist 910-796-7425 r-z- Coastal Management ENVIRONMENTAL QUALITY November 6, 2017 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for the Village of Bald Head Island / Brunswick Co. ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS Dimetor Kyle & Heather: Please publish the attached Notice in the Thursday, November 9, 2017 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Tyler Cmmbley - USACE Sarah Young- DCM RECEIVED Nov 01 2917 State of North Carolina I Environmental Quality I Coastal Management A _ M H D CITY 127 Cardinal Drive Em., Wilmington, NC 28405 D VM 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On October 26, 2017, the Village of Bald Head Island and Shirley & David Everhart proposed to stabilize an existing drainageway outlet ditch at 103 N. Bald Head Wynd and 113 Light House Wynd, adjacent to Bald Head Creek, on Bald Head Island, Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796- 7425) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 30, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED Nov 0 7 2017 Stale of North Carolina I Environmental Quality I Coastal Management DC - ® CITY 127 Cardinal Drive Eat., Wilmington, NC 28605 910-796-7215 �JkLk FJl ►+- ! MAJOR PERMIT FEE ey I„pment Type Fee DCM % DWR % 14300160143510009316256253 2430016024351000952341 I. Private non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 4097 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWR concurrence is needed because of concerns related to water quality or aquatic life: $40 60% $240 40% $160 III(D). If General Water Quality Certification No. 4097 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 , v;t u 0V 0 7 201 Date Date Check From Name of Permit Vendor Check Check Permit Number NOTES Received Depos (Name) Holder Number amount ited 9/25/2017 Village of Village of Bald PNC Bank 61499 $400.00 major fee, 103 N. TM rct. Bald Head Head Island Bald Head Wynd 2811D Island BHI BrCo 60/40 split W 0 U � N W n 2 U � Z U NC Division of Coastal Management Major Permit Application Computer Sheet Ilk 04 AEC: BH Creek / CF River Fee- $400 #81499 ✓ CDAITS _✓ MHC cc Applicant: Village of Said Head Island Agent/Contractor: SEGI c% Dana Lutheran Project Site County: Brunswick Staff: Tara MacPherson ri: Wilmington Project Name: BHI Drainage Way �ZecrtFfle: Na River Basin: Cape Fear Initial date of application submittal: 9-25-17 Date application "received as complete" in the Field office: 10-26-17 Permit Authorization: ❑ CAMA U Dredge & Fill Moth I SITE DESCRIPTIONIPERMIT INFORMATION kJ ORW: ❑Yes No PNA: ❑Yes No Photos Taken: Yes1FNo❑ Setback Required (riparian): Yes o Critical Habitat: ❑Yes LJNo Rot Sure 15 foot waiver obtained: Yes No Hazan:10 9t1fication Returned: ❑Yes %o SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes XNo ❑ Not Temporary Impacts: JNYes ❑No Sure Sandbags: ❑Yes No [INot Sure Did the land use classificgtipn come LUP: []Yes No Mitigatiequired (optional): ❑Yes from county ANo Moratorium Conditions: Environment ssessment Done: []Yes ❑No�NA Length of Shoreline: �� Yes ❑No ❑NA FT. fish Area Designation: Project Description: (code) Development Area: (code) Open -or- Closed ECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) gh Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh oordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp ) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00qMajorEl Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or oomm w/ D&F to 1 pplied - $250 c ; 3490 can't be applied - $400 ❑ Minor Modification to a CAM Modification to a CAMA Major IV Any development involving D&F of permit - $100 $250 more than 1 acre - $475 Permit Transfer - $100Public or commercial w/ D&F to 1 ❑ Express Permit - $2000D90 can be applied - $400 ❑ Major development extension request - El II. Public or commercial/no dredge $100 and/or fill - $400 NOV 0 7 2017 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 3490 can be applied; DCM needs MHD CITY DWQagreement -$400 DCM- Village of BHI Date. 9-25-17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension t Dimension 2 Dimension 3 Dimension 4 One One New Work Replace Maint ❑ ❑ Y N . New Work Ilk Replace Maint ❑ ❑ Y New Work ❑ Maint Re lace Y ❑ N New Work ❑ Replace 1 Maint�k Y ❑ N New Work ❑ Replace Maint Y ❑ N New Work ❑ Replace Maint ❑ Y N O New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact - temp impacts) impactamount) temp impacts) amount Dredge ❑ Fill Both ❑ Other ❑ 3l Dredge ❑ Fill ❑ Both ❑ Other Dredge El Fill XBoth ❑ Other ❑ —tr -1 bV (4 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ A O :: wwwr.nccoastalmanaaement.net revised: 10/12/06