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HomeMy WebLinkAbout132-18 Town of Sunset BeachPermit Class NEW Permit Number 132-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Permit for RECEIVED DEC 21 ?e18 DCO-MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Town of Sunset Beach c/o Hiram Marziano, 700 Sunset Blvd. N, Sunset Beach, NC 28468 Authorizing development in Brunswick County at East of Sunset Beach bridge within Mary's and Turtle Creeks, Sunset Beach as requested in the permittee's application dated 10/25/18 (MP-1) and 11/6/18 (MP-4) including attached workplan drawings (7) 1-7 of 7 all dated October 2018. This permit, issued on December 11, 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 ie subject to nnes, imprisonment or civu action; or may cause me permit to De nuu ana voia. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) Excavation shall not exceed -6 feet below the mean low water level at the mouth of the creeks and -4 feet below mean low water at the head of creeks. In no case shall the depth of excavation exceed the depth of connecting waters. 3) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. (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 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. KKR- Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Sunset Beach Permit No.132-18 Page 2 of 3 ADDITIONAL CONDITIONS 4) No excavation or filling of Coastal Wetlands is authorized by this permit. 5) Excavation shall not occur within twenty (20) feet of any Coastal Wetlands. 6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation outside the authorized dredge footprint within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the life of the authorized project. 7) The Town of Sunset Beach and its contractors will employ National Marine Fisheries Service's (NMFS') Sea Turtle and Smalltooth Sawfish Construction Conditions (rev. March 23, 2006). These guidelines can be found at https:Hsero.mnfs.noaa.gov/protected resources/section 7/guidance docs/documents/sea turtle and sm alltooth sawfish construction conditions 3-23-06.pdf 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at httv://www.fws.gov/nc-es/matnmaYmanatee guidelines.pdf. Oyster Relocation 9) Prior to the initiation of any dredging activities within Mary's and/or Turtle Creeks, the permittee shall, in coordination with the Division of Marine Fisheries, develop and implement an oyster relocation plan for the Mary's and/or Turtle Creeks oyster population(s). Contact the Division of Marine Fisheries at (252) 808-8050 to initiate the required coordination. Notice of satisfactory completion of the relocation efforts shall be provided to the Division of Coastal Management prior to initiation of dredging in Mary's and/or Turtle Creeks. Spoil Disposal 10) No excavated materials shall be deposited, even temporarily within 30' of the normal high water line. 11) All excavated materials shall be ronfined above normal low water level and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. 12) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, this plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Department of Energy, Mineral, and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. RECEIVED DEC 21 2018 Town of Sunset Beach Permit No. 132-18 Page 3 of 3 F ADDITIONAL CONDITIONS Maintenance Clause 4) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General 5) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 6) 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. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 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 U.S. Army Corps of Engineers authorized the proposed project and assigned SAW 2002- 00247. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2001-1868v2. NOTE: An application processing fee of $475 was received by DCM for this project. Thi£�ED satisfied the Section 401 application processing fee requirements of the Division 5 Resources. DEC 2 12018 DCM-MHD DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant Type: (Check all that apply) New —�— Major Mod Permit# Permit Coordinator: Field Representative: Minor Mod Renewal Transfer I. Date Time Message q(7, 7I(S UWE-rmi(( Amk al(DwD Zorp c4usct( si{=s S16/8 JYsavrfed J' Oso(;ssur .3/\ 1L(e4(. oil( ,5+ A t4b�fl�� 7(6[�1e/osuss/}� may/ $f (7 /I i� � JOA �q�'t- AM � l(�^`' ,/,NT rrJ iG 1 "n Y 1 LlW d G.$ G 1 FKAil cb►�xv-fo'(�an ern;ie_ (galel S1t<16 I DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 20, 2018 Regulatory Division Action ID No. SAW-2002-00247 and State Permit No. 132-18 Town of Sunset Beach Attn: Mr. Hiram Marziano 700 Sunset Boulevard N. Sunset Beach, North Carolina 28468 hmarzianongsunsetbeachnc.gov Dear Mr. Marziano, Reference your application for a Department of the Army permit to conduct maintenance dredging within waters of Mary's Creek and Turtle Creek, located near the southern terminus of Sunset Boulevard N., adjacent to the AIWW, in the Town of Sunset Beach, Brunswick County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. RECEIVED JAN 0 2 2019 DCM-MHD CITY Sincerely, Liz Hair Regulatory Project Manager OFc ti G'NQ't1,NXG aGM�y`VM\N e t -2- Enclosures: Plans CAMA permit GP 291 permit w/ Special Conditions Manatee Guidelines Electronic Copies Furnished (with enclosures): Moffatt & Nichol; Mr. Robert Neal/Ms. Dawn York Electronic Copies Furnished (without enclosures): Mr. Fritz Rohde; NMFS-HCD Dr. Pace Wilbur; NMFS-HCD Ms. Twyla Cheatwood; NMFS-HCD Mr. Doug Huggett; NCDEQ-DCM Ms. Karen Higgins; NCDEQ-DWR Mr. Pete Benjamin; USFWS Ms. Kathy Matthews; USFWS Mr. Todd Allen Bowers; USEPA BOSN4 Ryan Taylor; USCG Mr. Chad Coburn; NCDEQ-DWR Ms. Courtney Spears; NCDEQ-DCM Special Conditions SAW-2002-00247 Mary's and Turtle Creek dredge 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf. 2. In order to protect anadromous fish, no excavation or filling activities will be permitted between the dates of April 1 and September 30, of any year without the prior approval of the Corps of Engineers. 3. The Town of Sunset Beach and its contractors will employ NMFS' Sea Turtle and Smalltooth Sawfish Construction Conditions (rev. March 23, 2006). 4. In order to avoid and further minimize impacts to coastal marsh, a 20-ft buffer will be maintained between the dredge area and any coastal marsh. RECEIVED JAN 0 2 2019 DCM-MHD CITY 190 ■F4 APPUCATION ter Major Dovelopmew Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Project Name (if applicable) Business Name Town of Sunset Beach Navigation Project; Maintenance Town Of Sunset Beach Dredging of Mary's & Turtle Creek Applicant 1: First Name MI Last Name Hiram Marziano Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box city State 700 Sunset Blvd N. Sunset Beach North Carolina ZIP Country Phone No. FAX No. 28468 USA 910-579-6297 ext.1014 910-579-1840 Street Address (if different from above) city State ZIP Email mharziano@sunsetbeachnc.gov 2. Agent/Contractor Information Business Name Moffatt & Nichol Agent/ Contractor 1: First Name MI Last Name Robert Neal Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 272 N. Front Street, Suite 204 Wilmington NC ZIP Phone No. 1 Phone No. 2 28401 910 - 218 - 7082 ext. - - ext. FAX No. Contractor # 919 781 4869 Street Address (rf different from above) city State ZIP Email rneal@moffaftnichol.com <Form continues on ba}IECEIVED RECEIVED 252-808.2808 .. 1-888.4RCO AS .. vw. DEf04 ?671 anage me nt.. DCM-MHD CITY DCM WILMINGTON, NC Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 206 Sunset Blvd. North n/a Subdivision Name city State Zip hie Sunset Beach NC 28468 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 579 - 6297 ext. 1014 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lumber Atlantic Intracoastal Waterway c. Is the water body identified In (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural ®Manmade ❑Unknown Tubbs Inlet e. is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Sunset Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,075 feet - Mary's Creek and 1,100 feet - Turtle Creek 2.2 acres c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or 2.38 acre Mary's, 0.52 acre Turtle, NWL (normal waterlevel) (If many lot sizes, please attach additional page with a list) his ❑NHWor❑NWL e. Vegetation on tract Spartina alterniflore and S. patens at various locations on the margin of the Creeks. The project will maintain a 20-ft dredging buffer from any coastal marsh to avoid any potenial impacts to the wetland habitat. f. Man-made features and uses now on tract Fixed and floating docks, bulkheads, and the previously dredged creeks themselves. g. Identify and describe the existing land uses adiacent to the proposed project site. Recreational (Park), commercial & residential h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Mary's Creek, Recreational- Institutional (RI-1), Mainland (Attach zoning compliance certificate, if applicable) Business (MB-2) and Mainland Residential (MR-1): Turtle ®Yes ❑No ❑NA Creek - Mainland Residential (MR-2)) j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> NOY 0 8 Z018 2 5 2 - 8 0 8 - 2 8 0 8 :. JCM-MMINGTON. NO FojTn DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ®Yes []NO (it) Are there coastal wetlands on the site? ®Yes []NO (ill) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. n/a o. Describe existing drinking water supply source. n/a p. Describe existing storm water management or treatment systems. Na 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial MPublic/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Provide recreational navagabon access through Mary's &Turtle Creek on the east side of Sunset Beach. 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. Mechanical dredging equipment entailing an barge and excavator. Dredge spoil will be placed on a work barge and transported to a material offloading site. Excavators wil then transfer the material to dump trucks or other hauling equipment for transfer to an upland landfill facility. Approx. 16,000 CY to be dredged and placed upland. d. List all development activities you propose. his e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance f. What is the approximate total disturbed land area resulting from the proposed project? 2.2 ❑Sq. Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ❑No ❑NA that the public has established use of? In. Describe location and type of existing and proposed discharges to waters of the state. Small quantities of dredge effluent can be expected to run-off from the work barge during material transport, otherwise the effluent will be contained within the hauling equipment. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA I. Is there any mitigation proposed? []Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> RECEIVED RECEIVED {� 1qp� NOV 0 2 2018 52-SOH-^<;.; www. nc fft. {� 1ni LOIU 9rn, .. DCM WILMINGTON, NC DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package lobe complete. Items (a) — (I) are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate an maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with slate application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, perniffee, and issuing dales. CAMA Permit 241-87, issued on February 10, 1982, Joe L. CAMA Permit 73-87, issued on March 27. 1987, Robert and Peed Gladys Adams CAMA Permit #22-02, Issued on November 4, 2002 and SAWC087-N-010-0159 issued in 1987 by Wilmington District modified on December 31, 2005, Town of Sunset Beach USACE. It. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application win arrow onry ine eevetopmenr oescnoea mr me appmwamr. 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 fad 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 October 25, 2018 Print Name _Hiram J. Marzieno, II Signature Please indicate application attachments pertaining to your proposeKroject. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information NOV O $ 2018 dGM WILMINGTON, NO 252.808.2808 .. 1-888-4RCOAST .. www.necoastaimanageraent.n Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form 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 be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization 1,075 Length feet (Mary's) and 1,100 feet (Turtle) 40 feet Width (Turtle) and 40 to 60 feet (Mary's) Avg. Existing 0 to 1 foot NA NA Depth MLW Final Project 4 to 6 feet NA I NA Depth MLW -E]E 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 16,000 CY c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS _ ❑WL ®None (if) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Upland landfill facility. c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (11) If no, attach a letter granting permission from the owner ❑This section not applicable b. Type of material to be excavated. Mixture of sand, silty sand, sandy silt, and silt. Not suitable for beach disposal. d. High -ground excavation in cubic yards. 0 CY S! e. (i) Does the disposal area include any coastal wetlands/marsh f. (ON), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feel affected. CICW ❑SAV ❑SB _ ❑WL ®None area. <2 Ac []This section not applicable (1) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA III) If yes, where? Upland landfill facility (1) Does the disposal include any area in the wat&P-"-"" ❑Yes ®No ❑NA (it) If yes, how much water area is affected? NQV 6 REMVED N NC pCM WjI.MjN ' 2S2-808-2868 n 1-8884RCOAST :: www.nccoastalmanaaement.net DEC 21 2018 revised: 1212610e DCM-MHD CITY Forrn,DCM MP-2 (Excavation and Fill, Page 2 of 21 (Iq Describe the purpose of disposal in these areas: 3. SHORELINE STABILIZATION I ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: []Bulkhead ❑Riprap ❑Breakwater/Sill []Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: Width: _ d. Maximum distance waterward of NHW or NWL: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill _ Riprap _ Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES 2'I This section not applicable (Excluding Shoreline Stabilization) a. to ww nii matenai oe i If yes, b. Dimensions of fill area c. Purpose of fill ❑Yes ❑No ❑NA (it) Amount of material to be placed in the water 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Material will be placed in an excavated sand mine / pit. C. (I) Will navigational aids be required as a result of the project? b. (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑ CW ❑ SAV ❑SB ❑ WL ❑ None b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Mechanical dredge (excavator) & hauling eq. (dump trucks) Yes Temporary Aids will be used during construction. d. (i) Will wetlands be crossed in transporting equipment to project site? No November 6 201$ Maintenance Dredging of Mary's & Turtle Creek { P, ojed N me. Date I Hiram J. Aarziano nlerim T Administrator /Planning Director (Applicant) (RECEIVED NOV 0 6 2018 DCM WILMINGTON, NC RECEIVED 252-808-2808 :: 1.8884RCOAST :: wvvw,neoaastalmanaaement.net DEC 2 12018 revised; 12'2er0e DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of Sunset Beach COUNTY: Brunswick PROJECT NAME: Mary's and Turtle Creeks Maintenance Excavation LOCATION OF PROJECT: off of the AIWW, just east of the Sunset Beach Bridge DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-23-18 FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Sean Farrell DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: C) PUBLIC NOTICE REC'D: 3-9-18 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: — C7 75 DAY DEADLINE: 51cl 111 1-61A '5Q0 MAIL OUT DATE: 3-7-18 STATE DUE DATE: 3-30-18 To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $475 #817G(&"�40) END OF NOTICE DATE: 3-30-18 FEDERAL DUE DATE: DEED RE'D: ON: 8 3 /8 150 DAY DEADLINE: 7(X /t�5 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance 3 9 Division of Coastal Management-LUP Consistency 5/7 Public Water Section (DWR) Land Quality Section (DEMLR) 9 l c{ ( AacIS 5��{ Division of Water Resources - 401 Section y Z S ?,Vol —($lo$ dZ Storm Water Management (DEMLR) State Property Office Division of Marine Fisheries - Shellfish Section 3 Z Division of Highways (NCDOT) Wildlife Resources Commission 4I l E3 /}(( Local Permit Officer Dept. of Cultural Res Division of Marine Fisheries - DCM 3 S (°v Cap d� outs Corps of Engineers - Regulatory Branch mete W SII.IIY,, w ( diti�dti Recommendations for State Permit —Town of Sunset Beach c/o Moffat & Nichol 03/06/18 It is staff's recommendation that proposed dredging of Mary's and Turtle Creek within the proposed template showing a lack of shellfish presence and a 20' buffer pulled from the identified extents of Coastal Wetlands appears CONSISTENT with.the Rules of 15A NCAC 7H .0208 (b) Specific Use Standards (1) which states, " Navigation channel, canals, and boat basins shall be aligned or located so as to avoid primary nursery areas, shellfish beds, beds of submerged aquatic vegetation as defined by the MFC, or areas of coastal wetlands except as otherwise allowed within this Subchapter." It is staffs recommendation that proposed dredging of Mary's and Turtle Creek within the previously authorized footprints under State Permit #22-02 appears CONSISTENT with the Rules of 15A NCAC 7H .0208 (b) Specific Use Standards (1) which states, "Maintenance excavation in canals, channels and boat basins within primary nursery areas and areas of submerged aquatic vegetation as defined by the MFC shall be avoided. However, when essential to maintain a traditional and established use, maintenance excavation may be approved if the applicant meets all of the following criteria:' (i) The applicant demonstrates and documents that a water dependent need exists for the excavation; (ii) There exists a previously permitted channel that was constructed or maintained under permits issued by the State of Federal Government. If a natural channel was in use or if a human made channel was constructed before permitting was necessary, there shall be evidence that the channel was continuously used for a specific purpose; (iii) Excavated material can be removed and placed in a disposal area in accordance with Part (b)(1)(B) of this Rule, without impacting adjacent nursery areas and submerged aquatic vegetation as defined by the MFC; and (iv) The original depth and width of a human -made or natural channel shall not be increased to allow a new or expanded use of the channel." Provided there is no objection from any other commenting state or federal review agency, it is recommended a permit be issued to include standard permit conditions for hydraulic dredging. Prior to any permit issuance, the spoil disposal location should be approved by DCM in accordance with rule 15A NCAC 07H.0208 (2) which states; (A) The terminal end of the dredge pipeline shall be positioned at a distance sufficient to preclude erosion of the containment dike and a maximum distance from spillways to allow settlement of suspended solids. (B) Dredged material shall be either confined on high ground by retaining structures or deposited on beaches for purposed of renourishment, if the material is suitable in accordance with the rules in this Subchapter except as provided in Part (G) of this Subparagraph. (C) Confinement of excavated materials shall be landward of all coastal wetlands and shall employ soil stabilization measures to prevent entry of sediments into the adjacent water bodies or coastal wetlands. (D) Effluent from diked areas receiving disposal from hydraulic dredging operations shall be contained by pipe, trough, or similar device to a point waterward of emergent vegetation or, where local conditions require, below normal low water or normal water level. (E) When possible, effluent from diked disposal areas shall be returned to the area being dredged; (F) A water control structure shall be installed at the intake end of the effluent pipe. (G) Publicly funded projects shall be considered by agencies on a case -by -case basis with respect to dredging methods and dredged material disposal in accordance with subparagraph (a)(3) of this Rule; and (H) Dredged material from closed shellfish waters and effluent from diked disposal areas used when dredging in closed shellfish waters shall be returned to the closed shellfish waters. Coastal Management ENVIRONMENTAL QUALITY March 7. 2018 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Srcrem y BRAXTON DAVIS Direcinr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks 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 March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: X 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 ' %4"C^� DATED 211119 IF Stale of North Carolina I Environmental Quality I Coamal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 7. 2018 TO: Heidi Cox Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER��� Governor MICHAEL S. REGAN Se,rewry BRAXTON DAVIS 1)...lor MAR 0 8 2018 Jivisionof WaterKe sou DP IviRO-PublicNte S prces ply FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the Alww, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks 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 March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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 (fig l l�K_ DATED 3 D 411-NiiNGTON, NC MAR 0 9 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat, Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 7, 2018 V-r/ TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Se<relary BRAXTON DAVIS OPeclor t: E1VE MAR 0 8 2018 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoats(ci).ncdenr gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks 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 March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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. _X This agency approves of the project only if the recommended changes t are incorporated. See attached. /ram [.(f,�L�G�,..,.-cj U:,-�.,;�..f �11,� Qf'o5�c.+a�Sa�:++mac.tt.-A :-Y Pu,....����".I� i'r;�o y�, �er o- This agency objects to the protect for reasons deSaWa in the attached comments. SIGNED DATED ��r 2.019 RECEIVE!'i DCIV1 WILMING TON. NC State of North Carolina I Environmental Quality I Cmotal Management 127 Cardinal (hive Fxl, Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 7, 2018 TO: Chad Coburn 401 Wetlands DWR-WiRO , =I _10..By'Z RECEIVED/NCDENR/DWR MAR 0 g 2018 Water Quality Regional Wilming on Rs Section egional Office ROY COOPER Govemor MICHAEL S. REGAN Seaerary BRAXTON DAVIS Dtredor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heathercoats(Wncdenngo Fax: 395-3964 (Courier 041&-33 SUBJECT: CAMA / Dredge & Fill Application. Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW,,. in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks Please indicate below your agency's position or viewpoint on the proposed project and etum this form to Heather Coats at the address above by March 30, 2018. If you have any questions regarding.the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. YbfWQt wr9 � .t3 IB ccc, 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. agency objects to the project for reasons described in the attached SIGNED DATED D zy (.to Received APR 2 4 1018 State ofNordi Carolina l Envrtoameatal Quality I Coastal Management Df {,�I 127 Cardinal Dmro Eat., Wilmington, NC 29405 V � Y� 910496-7215 . �4.'!r'�,i �,.� �,f.,.,,,.,, ,,- DocuSign Envelope ID: 96DE56CA-F071-40FA-86FB-AB8EC70AF50A J� hs;w Water Resources Environmental Quality April 23, 2018 Town of Sunset Beach Ms. Susan Parker 700 Sunset Boulevard Sunset Beach, NC 28468 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Brunswick County DWR Project: 2001-1868v2 Subject Property: Maintenance Dredging of Mary's & Turtle's Creek Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Parker, You have our approval, in accordance with the attached conditions and those listed below, to perform maintenance dredging within Turtle and Mary's Creeks in the previously authorized dredge footprint and final depths as described in your application received by the N.C. Division of Water Resources (DWR) on March 12, 2018. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4144 (GC4144). In addition, you should -obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://portal.ncdenr.ora/web/wq/swp/ws/401 /certsandyerm its. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: Please understand that the waters around your project area have been identified by the Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the proposed project area arise in the future, please be aware that new dredging within a PNA is not allowed under 15A NCAC 02B .0221 and is a degradation of water quality standards and therefore considered a water quality violation. [15A NCAC 02B .0221]. �t�toxliliig"Compares,..: State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 9t9-707-9000 DocuSign Envelope ID: 96DE56CA-F071-4DFA-86FB-AB8EC70AF50A Town of Sunset Beach Turtle & Mary's Creek Dredging Brunswick County 2001-1868v2 Page 2 of 4 2. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {I 5A NCAC 02H .0501 and .0502). 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [ 15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 213 .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or. laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] DocuSign Envelope ID: 96DE56CA-F071-4DFA-86FB-AB8EC70AF50A J ' Town of Sunset Beach Turtle & Mary's Creek Dredging Brunswick County 2001-1868v2 Page 3 of 4 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [ 15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(0]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorizedagent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http://portal.ncdenr.orgLweb/wg/swt)/ws/40 I/certsandpermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). DocuSign Envelope ID: 96DE56CA-F071-4DFA-86FB-AB8EC70AF50A Town of Sunset Beach Turtle & Mary's Creek Dredging Brunswick County 2001-1868v2 Page 4 of 4 The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Coburnamcdenngov. Sincerely, EDocuSigned by: L°' sue, 6" E3ABA14AC7DC434... Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4144 cc: Robert Neal — Moffatt & Nichol (via email) Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email) Heather Coats — DCM Wilmington (via email) WiRO/LF Coastal Management ENVIRONMENTAL QUALITY March 7. 2018 TO: Georgette Scott Stormwater Section DEMLR - WiRO ECEIVE MAR 0 8 2018 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Uireclor FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks 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 March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: t 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. SIGNEDF DATED cS RECEIVED DCM WILMINGTON, NC v`, State of North Carolina I Environmental Qualitv I Coastal Management MAR 2 7 201 U 127 Cardinal Drive Ext, Wilm6H inon, NC 28405 910-796-7215 M Coastal Management ENVIRONMENTAL QUALITY AK161t March 7, 2018 TO: Tim Walton Dept of Administration State Property Office ROY COOPER Governor RECEI V ED MICHAEL S. REGAN Secretary MAR 12 2018 BRAXTON DAVIS DOA uo-ecl�r STATE PROPERTY OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenr.00v Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks 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 March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 when appropriate in-depth comments with supporting data is requested. REPLY: SIGNED This agency has no objection to the project as proposed. "Additional comments may be attached" C/ 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. DATED_ �— 1 RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management VAR 1 p2018 127 Cardinal Drive Eat., Wilmington, NC 28405 910-7964215 VIV Coastal Management 11 V11MNM[NTAL WAU" March 7, 2018 TO: Received: 03/22/2018 State Historic Preservation Office ROY COOPER Renee Gledhill -Early Dept. of Cultural Resources Archives & History MICHAEL S. REGAN Savvy BRA%TON DAVIS ER 18-0565 D" V, Due -- 4 8 yf2�llS FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext, Wtlm., NC 28405 heather, wats@ncdencoov Fax'. 395-3964 (Courier 04-16 33) SUBJECT CAMA / Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks Please indicate below your agency's position or viewpoint on the proposed project and return this torn to Heather Comb at the address above by March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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" lC 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 4/a W/F RECEIVED APR 2 6 201e MAR Z 7 2018 S 4CM WILMINGTON,SimorNath GLab>, i ra„IunrWl Q�ly i CuMa1 Maagmml 1 NC 127 Cvii D .e FA. W�kmgp NC 7EMN 9P7A 7215 Coastal Management ENVIRONMENTAL QUALITY March 7. 2018 TO: Shannon Jenkins NC DMF Shellfish Sanitation Section ROY COOPER Govemor MICHAEL S. REGAN Secrelnry BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(cDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks 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 March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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. �9NM 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. It�S DATED 2 Received MAIL z 3 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dave Eat., Wilmington, NC 28405 DC M 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY March 7. 2018 TO: David Harris NC DOT Roadside Environmental Unit ROY COOPER Governor MICHAEL S. REGAN Seoemn' BRAXTON DAVIS Dlredor RECEWED APR 05 2018 NC DOT DISTRICT 3 FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks 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 March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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 O�, zlo/Js, * RECEIVED DCM WILMINGTON, NC APR 12 2018 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL WALIT March 7. 2018 TO: Maria Dunn NC Wildlife Resources Commission For WiRO ROY COOPER (;RnrNRa MICHAEL S. REGAN BRAXTON DAVIS iwnnw FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext , Wilm , NC 28405 heather. coatsanncdencgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Town of Sunset Beach Project Location: east of the Sunset Beach Bridge, off the AIWW, in Brunswick Co. Proposed Project: to perform maintenance dredging of Mary's and Turtle Creeks Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather 'Coatz at the address above by March 30, 2018. If you have any questions regarding the proposed project, contact Sean Farrell at (910) 796-7424 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 4-51 Prach" s is &1- �>o ' 117 This agency approves of the project only if the recommended changes Gi ar 4• are incorporated. See attached. N Uc p, N,t d tieti.s u-e This agency objects to the project for reasons described in the attached comments. SIGNED �e DATED 2 - 2Jt S RECEIVED Slav d Nm Crald � Envi,veweaal ().A(y 1 Cwnd Nb-g� l l 4 127 Cud.W nnw FA _ WilmcVo . NC 26105 9W6 7215 DCM WILMINGTON, NC coasWA4anagemenr EkvikommeNTA atm6r;r March 7,2018 Koy COOTRA MICHAE'L $, RERAN To.. qur(WeyqhPrt Fisheries R6soutc6 Specialist Ofc(DOR SQ!UECT". APPI-1*1t: Project l'obattom PAIVAIDredge &FIll APPlicaffan Review, east ofthe ;Suns6tBeach Bridge, off the-AIWWj; in BtO6§Widk Co. ProbdsddPrqject-,; tb,,porform.mainteiiancedredging ofMi7ry�nand Turtle Creeks - Please indicate below our agency,p I I position or viewpoint on the proposed project and ,F9wHu�mtHIsEtd*r"m"r(6 eathe Goa s at the ad&ess.above by Maroh 30, 2018. Ifyou have: any. questions regarding regarding the proposed '4 psed project, Farrsliat_(910) 79,6-742 whon,appr.bprigtal in-depth comments with supporting data isAqudsted. REPLYi This agency hb§,ficrobjection 1d the'Obojebt4s, Ordpoised. Rlonql'comments' -MAY bP**hecl" This agency has no - comment briffiq proposed prqjept. This agency approves of th&projbot ohlyifthd recommended changes are -i.nlco.rporatpo.,Spe-..a,t.facti.e.d. This agdhey objects to the project for-roasons describedin the �attadhad comments. SIGNED .&A 9"� 'A' DATED 3-15-115 Received .MAR 15 2018 State of 146ith Carbfinal Emironmen(al Qudf$1-06atal Mani&mAint 1840S MEMORANDUM: TO,', Heather Coats,, DOM Assistant M4jor'P6rnift Cdordinatof FRQM1, Curt, Weychcrt, DQMXishe-rigs Resqurqe' Alipt, SUBJECT; Town of SuftsetBdich Mary's and Turtle Oreek Dredging DATEr Marqh 114, 20IIX A'North:Caroliha'DiVisfor i of..Coa:gtdtMnageriieht (DCM)'Fisheries.'Rdsi iew6d the ("A ; Pertnit.,av relvi ajor - piication for;proposecl actions that ' 'The applibant is prop " ry, -6 uh osirig,topo orth maintenance re gin$ . m I w & creeks are located ioihe--i4stofthe :Sunset Beach gridkwadiaceni to the P areas (PNA). The4prpliefint is j the, creeks. Pr9is. , Tb� jgct will rer qrcekS'qnd impaptishallow'soft (Deatqn habitdt; i 6t'sof-t Roy"COOPEW m TI. ik-lhival cleiveldpinefit kcint. Soeci-6s Wlthfrinthis area Are Ash,srks, and inhabit pISpecies lyipoomeju,ol conditions dwing-v'u1nerablo pon �Ods,oflheir arc imperative. Shallow'soft bottom is;aryiinportanti rand inyertebrat&s, and aids in storing and cycling of ie,bbttorAand WaWf-coIumft. Sdftbottdxii.habitat:ig-'u-s'edio, iecies4u`Xorth Car6lifw, TfiehWtatls *. ituidtly, , prpdA,WM!i�an'jmportantAurspry-- m'Species6'penclent bsi.flounde sp sea m lot,'An4' ray& �"-711'4' -"C'nfa" -.1 - : the soft bottorm will f6rage�on microalgac; iuna, or epithunaon To-lpr'Ptect such sensitive areas;: Coastal Resources Qommi§sio;t rules prphibjt, most. nqWd'red'gt ng in PNA, for this reason, the fisheries resource specialistmouldlo6*tto, any dredging which exceeds the. Previous tOAhplatef6otpnnt and/or df6dge. depth, Based on results of the shellfish -survey; there is wsignificant,Ympoce of shellfish rpso'=e, :Shdll and othebcontAtnihahtsi Thiszvital :;W) a' ! '.'i- is very limited in North Carolina, and restoration and conservation of shellfish habitat is at the forefront. The presence of live shellfish that historically or currently survive due to favorable conditions is considered shellfish habitat. Therefore, shellfish resource still exists even if waters are permanently or conditionally closed to harvest. For this reason, prior to the initiation of any dredging activities within Turtle or Mary's Creek, coordination with the DCM Fisheries Resource Specialist and develop and implement an oyster relocation plan for oyster populations affected by the proposed dredging activities. Notice of satisfactory completion of the relocation efforts should be provided to the DCM Fisheries Resource Specialist The resuspension of sediment can create an increase in turbidity that larvae, juveniles, and especially filter feeding species, can be acutely susceptible. An increase in suspended sediments can result in clogged gill surfaces and mortality, and can cover oysters, SAV, and other sessile fauna and flora. Elevated water temperatures reduce dissolved oxygen (DO) concentrations, making the potential for a DO crash from increased turbidity a major concern. If all work cannot be performed inside of a turbidity curtain, this office strongly recommends a moratorium on in -water work, to include dredging, from I April to 30 September is recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. If a turbidity curtain is used, it should remain in place until all sediment concentrations are restored to previously existing levels. This office also has concerns of impacts to coastal wetlands. Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion control. An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent. Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent habitats, which is why primary (PNA) and secondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting activities. A buffer of no less than 20 feet is recommended for all dredging activities. Contact Curt Weychert at (252) 808-2808 ext. 213 or Curt.Weychert@ancdenr.gov with further questions or concerns. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Mweltead City. NC 28557 252-808-28081252-247.3330(1ea) 11 r1 .:a NOSSNEMEM NONG FASTF10.5F61PEET W mECEM1EROF.T6FTMt0ECWCGEIE 61DEWN1[ IN B0VDIFA4i pUMYNipF WIFPSEC]IIXI OF NENR0RT6T.AND FRET PF.EFllN ...]FFF/9FOFTHE GENIBLLINE DPEEMBOODN OF N. RAF£F. EED. r. of SWEET YGNTPo1E@b0. O9. IXSEOP lE0 NllXG DEBT M5i 61PEEf M THE CENTER OF Sff'MOE CIX.. rr SLEW.WCXFC m NELME0EIWEENWE MFOU]ESE.MDOD 3OFF EMF]WXE W9EPSE4TONOF BF/JIFOPf31PEEf. M'051.9 FT WEei OF VXDEPGR0V19 E9£CWGEBM6C9CI0�. NGG9 PE M W5N91NFEFEMTHEGEt11EPOEA UMM ELWg 61OEW.W[XFAPl11ELOIXXEBEIN�EXmEINONFEENF IM TFDII0F98O111X OF HNNOF f. @J FF FASTN0PII IFA49 OF UN0FAGROUX0 EIECI]UC OOF (I01 @�. AV0Sp4 WIDTf CFUHOERW WM0B0IOM. 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UEB O O6EE6GEE II wEM�Tifi1 .NN 6EE 1 I RIEE611EMV6) UNEDSLOPE DUXWO wE NOTE 3) (SEE NOIEaI • TYPICPI SECTION BERM 6.0 NAME 80 q0] aiwn ao.m X9 µTS O t a , TYPICALBECTIONEASTTRANSITIONBERM qo] sTwnOlathssnroao.00STE [a] I C307 I o ®�1. m m m m m m — — ® IN oBBnxl ------------------ NO S Tau 1./11EIEYAPONSRE£Fli@ICEOIO XORTXIMFARANVFAIIGL MTIIM-NAV0low 3.PIEWI OFPIECONSMR ONBERMWILLOEPENOONPEFOXEBHONESLOPE ONUXGPU ENT MO DE REOYNEG VOFME TO BE RACED BETWEEN BASENNE S ONS, PROHIE SONl OF PE INPIACE FU WLLBE WB TO AONST PE W DTH OF PE CMST=ON BFAM TO ASBOREPV.TPIE%iOPEA VOWME OF MATFJWL R DNORBVEL.VANG THE PROJE SHONEUM 3. WDIVkGS HAVE SEEiI PUCEO K NG THE BEA MO IN FNOHO OF THE EYJSTI MG BTRO UN JV3TFASf OF BIWIOTIE NL TO NEAR OYRHµ BTREET. TXE GONPU NS NOT OIRECRY P IACE BWIDE EITHERXYORWNGV1Y ORME 'CN1IV.ONAYVEXPOSEDSWOBiG4. PMORTOBEGNNNGMHKONOfF !-AEBFACI4PIECOXMACIOR 91MILCOXOYCTµ ONBRE IEETING WfRI PIECONryACTNOOFFICER ORHL MOESIGNA FERESENTATMANDA RFPNE GARYNGMM1ENLONISIOHOPCOASTALMµAGEMEMiOlOEN11FYµ'OOISLIIBSHECE6G4iYNFA90RE9NBE TAI(EX NEWROIXG WDMMOIIXDPIESµOREG9. VFAT. f0 0 IY A ]t XOOL iFY 1W 2O W] SGLENFFET C308 . ......... . ................. ........... - JC309 OMEN uN To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Town of Sunset Beach, Sunset Beach, Brunswick County Date: May 7, 2018 Consistency Determination: This project is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes to perform maintenance dredging of Mary's and Turtle Creeks located off of the Intracoastal Waterway just east of the Sunset Beach bridge. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, EW and PT. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Residential and Commercial. In general, the Town of Sunset Beach allows development in Residential and Commercial classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File RECEIVE® MAY 7 2018 MP SECTION MH® 'Coats, Heather From: Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil> Sent: Friday, April 27, 2018 3:06 PM To: Neal, Robert; Crumbley, Tyler A CIV USARMY CESAW (US) Cc: Coats, Heather; Hair, Sarah E CIV CESAW CESAD (US) Subject: [External] RE: CAMA Major/ GP 291 / SAW-2002-00247 / Turtle and Mary's Creek dredge / Town of Sunset Beach f Brunswick County (UNCLASSIFIED) Attachments: Sunset—Beach—Signed.pdf CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> CLASSIFICATION: UNCLASSIFIED Robert, As you may or may not be aware, the US Army Corps of Engineers (USACE) developed new guidance last year on how to handle requests for use of USACE disposal Areas. This guidance puts many more restrictions on the use of disposal areas and expands the time for obtaining permission to use the disposal area from about 60 days to about a 9 to 12 months. I would recommend reading the new policy linked to the attached pdf (also, linked below). https:Hcdm l602l.co ntentd m.ocic.org/d igita I/col lection/pl602lco I lll/id/1349 I submitted your documents that you sent in evaluation. The attached response outlines the issues Wilmington District has with the project under our current guidance. If you have any questions don't hesitate to ask I will do my best to convey our interpretation of the guidance. Thanks. justin Justin Arnette GIS Coordinator Operations Division Team Lead Cartographer Wilmington District U.S. Army Corps of Engineers 910-251-4196 justin.r.arnette@usace.army.mil -----Original Message ---- From: Neal, Robert [mailto:rneal@moffattnichol.com] Sent: Friday, April 27, 2018 9:33 AM To: Crumbley, Tyler A CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil>; Arnette, Justin R CIV USARMY . CESAW (US) <Justin.R.Arnette@usace.army.mil> Cc: Coats, Heather <heather.coats@ncdenr.gov>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: CAMA Major/ GP 291 / SAW-2002-00247 / Turtle and Mary's Creek dredge / Town of Sunset Beach / Brunswick County (UNCLASSIFIED) Justin / Tyler -Please find attached the requested information for the USACE consent of use agreement for Sunset r ti Beach. The attached PDF provides a brief project description along with plan view figures of the dredge area and material placement islands. The total estimated dredge volume equals approximately 15.900 CY (8,100 Y from Mary's Creek & 7,800 CY from Turtle Creek). Please let me know if additional information is needed. Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 ) F 919.781.4869 1 C 910.524.3285 —Original Message --- From: Arnette, Justin R CIV USARMY CESAW (US) Sent: Thursday, April 12, 20181:30 PM To: Crumbley, Tyler A CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil> Cc: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: RE: CAMA Major/ GP 291 / SAW-2002-00247 / Turtle and Mary's Creek dredge / Town of Sunset Beach / Brunswick County (UNCLASSIFIED) CLASSIFICATION: UNCLASSIFIED Navigation does not have a consent agreement in place for this project. They will need to apply for one. To start the process for a consent to place material within a USACE Disposal Area they will need to submit a project overview with an estimated quantity (very rough as we do not expect a survey until much later in the process), a map showing where dredging is to occur and a map showing where they want to place the material, this can be as simple as a google earth image with everything labeled. Once we receive the request we will review it and reply to the applicant as to the viability of the project. Thanks. Justin _-Original Message ----- From: Crumbley, Tyler A CIV USARMY CESAW (US) Sent: Thursday, April 12, 201811:24 AM To: Huggett, Doug <doug.huggett@ncdenr.gov>; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; bowers.todd@epa.gov; Wilson, Debra <debra.wilson@ncdenr.gov>; John <john_ellis@fws.gov>; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil>; scott.d.mcaloon <scott.d.mcaloon@uscg.mil>; Coats, Heather <heather.coats@ncdenr.gov>; Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>; Coburn, Chad <chad.coburn@ncdenr.gov>; environmental.review@ncdcr.gov; Eunice.A.James <Eunice.A.James@uscg.mil>; Fritz Rohde - NOAA Federal <fritz.rohde@ noaa.gov> Cc: Dooley, Brennan J CIV USARMY CESAW (US) <Brennan.J.Dooley@usace.army.mil>; Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil>; Reusch, Eric G CIV USARMY CESAW (US) <Eric.G.Reusch@usace.army.mil>; Crumbley, Tyler A CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil> Subject: CAMA Major/ GP 291 / SAW-2002-00247 / Turtle and Mary's Creek dredge / Town of Sunset Beach / Brunswick County (UNCLASSIFIED) CLASSItICATION: UNCLASSIFIED All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the LAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by May 14, 2018. **Ms. Liz Hair will be the POC for this action** The applicant proposes to perform maintenance dredging in the waters of Turtle and Mary's Creeks adjacent to the AIWW, in Sunset Beach, Brunswick County, NC. Coordinates in decimal degrees are 33.883506 N,-78.509462 W for Mary's Creek and 33.885280 N,-78.503478 W for Turtle Creek. Google Earth Amz files are attached for further geo- reference. The proposed project would result in 96,000 square feet of shallow bottom removal by cutterhead pipeline dredging. Approximately 16,000 cy of material would be removed in a "box cut" template. Both Mary's and Turtle Creek have had previous authorizations for dredging (SAW-2002-00247). According to the application, the proposed dredging templates for both Mary's and Turtle Creeks would be approximately I'shallower than the previously authorized final depths, allowing for a -1' over -dredge buffer (See attached Permit Drawings). The maintenance dredging as proposed would average bottom depths ranging from approximately 4 MLW in the upstream sections of the creeks to -5' MLW nearer to the confluence with the AIWW. The application indicates that the removal of approximately 8,100 cubic yards of material form Mary's Creek and approximately 7,800 cubic yards of material from Turtle Creek would be performed by means of cutter -head dredge and hydraulic pipeline. The project narrative states that the material will be transported via pipeline to Disposal Areas DA310 and DA311. The application indicates that the proposed pipeline would be anchored to the bottom at least five (5) feet waterward of the MLW contourto allow a buffer between construction equipment and the existing Coastal Wetlands. To avoid potential navigation concerns, the pipeline as proposed would cross the AIWW perpendicularly, limiting the amount of pipeline length within the existing navigation channel. Standard lighting, marking, and signage of the pipeline has also been proposed and is described in the project narrative. The proposed spoil disposal islands are currently owned by Sunset Beach West, LLC, which the applicant states possess a signed a letter of consent for use of the Islands, subject to certain terms and conditions. **The attached Bioreport/CAMA application provides some additional information concerning the proposed project. However, due to the size of the documents, the full suite of plans, and narratives, as well as the BA and EFHA will be available for download through separate email from the SharePoint AMRDEC SAFE** EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. Please reference the EFH Assessment provided through the AMRDEC SAFE sharepoint. The Corps' initial determination is that the proposed project may affect, but is not likely to adversely affect EFH and associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts would be temporary and limited to increased sedimentation due to the removal of shallow bottom habitat and sloughing of the "box -cut" template. The applicant has proposed a 20' buffer from vegetated marsh resources and identified shellfish resources that will be avoided with a dredging buffer. The applicant has also proposed only performing dredging from October through March to avoid periods of high biological activity. The waters within the project area are designated as PNA, however dredging has previously been conducted on both creeks. ESA: Please reference the Biological Assessment provided through the AMRDEC SAFE sharepoint. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database.. The Corps initial determination on species listed as threatened or endangered pursuant to the Endangered Species Act of 1973 (ESA) within the project area, is may affect, not likely to adversely affect for the West Indian Manatee and the Wood stork. Manatee Guidelines may be required as a condition of the permit. The applicah has also proposed only performing dredging from October through March to avoid periods of high biological activity and minimize potential for species occurrences in the project area. NHPA 106: Pursuant to.Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact Ms. Liz Hair if you have any questions. Please provide comments as soon as you can or by May 14, 2018. Thankyou, -Tyler Tyler Crumbley PWS Project Manager Regulatory Division U.S. Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone:910-251-4170 Fax: 910-251-4025 email: tyler.crumbley@usace.army.mil CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED CLASSIFICATION: UNCLASSIFIED DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403.1343 April 27, 2018 Mr. Robert Neal 272 North Front Street Suite 204 Wilmington, NC 28401 Dear Mr. Neal: Thank you for your request to utilize Disposal Area (DA) 310 or 311, a Corps' Federally maintained Dredged Material Placement Facility (DMPFs). We have reviewed your request and coordinated it internally to ensure that we have taken into account all available information. Under the Corps' Implementation Guidance issued on February 3, 2017, the Wilmington District is required to make several required findings before a project can be forward to our Division office in Atlanta for a final decision. The Wilmington District is tasked with determining whether sufficient capacity is available to accommodate the proposed non-federal dredged material without reducing the availability of the facility for federal project purposes. Excess capacity is defined as excess disposal capacity for the life of the federal project. As the Atlantic Intracoastal Waterway (AIWW) is a perpetual project, and has no project end date, all available capacity will be needed at some point in the future. However, since no excess capacity exists for placement of non-federal dredged material in DA 310 or 311, we are unable to make the required findings regarding your request to utilize this DMPF. We realize that this decision may be different than in past years, but as stated earlier, our current guidance establishes additional requirements specifically related to available and future capacities. A copy of the above referenced Implementation Guidance can be obtained from the following website: httos://cdm 16021.contentdm.ociQora/digitaVoolWion/o 16021 co811 fid/1349. Thank you for your request, and if you have any further questions do not hesitate to contact Mr. Justin Arnette at 910 251-4196. Todd Horton Deputy Chief of Navigation Application Review Checklist Applicant Entered into Spreadsheet? Agent bei /C(l9(� !�/iT h �/M/G�+c�l Field Rep. itG Physical Address Cqy�- �� � -RAJne AECs Riparian Notification? /lUote jt4� �-�,&l r �y Habitat f A14 Development / Viv �rj Designations S4 #ON/ Cl Buffer /i Green Card? Signed Form? No Obj Waive 15' Water / Deed? Dependent Raparianrights?d ++ iV % PH or 1/4width? , JfG'� r✓` Navigation/ Channel Proximity �I �ZL , Residential Commercial Wcalculations' 8ft'or27ft' N/A a.�ec Q/(eK;sri:,C cb�l d�.rs S (ZZo2 73-37 PTA Incorporated? X� \•I zo' bar 1- Irr "CAI 0y5'tr tt(oma -oft `pet-) P �(O�f�C/ 4 �4AI67 XPods J—eeeek zo ` 4w - _---- zJ&,,fi'j 6�aj- -5fe 6-eLw (P gou.iy —(01 ?� �O� Cy ivUwl /krf le IlProur/C 64Ye cu —3�� G/Ldv� Grad S-G�eS Development Type w/ Rule Reference on Back got co o%( / • u54-cG"Aedc. lgrr J- cge— OF__, Olt I Major Development Excavation/Fill Applicant Address County Physical Location including Waterbody Description MP Forms Dates # Total Drawings Permit Checklist Permit # MPl I MP2 I MP3 I MP4 MPS Drawings S�eAS l—(o.ek(o d4419 17 Dates of Drawings Development Types (% i� 29�-02 Including Conditions (. and Notes DWR 401 Certification # USACE SAW # Permit Fee�5 Additional Comments On Back 1011 DEPARTMENT QF TH9 ARMY WJLWNGTOK Dlr. R ENGINEERS. .. 1,JGT,,CORPSQFENGJNF OA NGTON AVENUE WILMINGTdN, NoKT14 cARbURA4"u3-134s April 27, 2018 Mr, RQbeTtNeal 272 North, Front Street, Suite 1,204 Wilmington, NC 28401 Dear. Mr. Neal: Thank you for your request toutilize Disposal Area (DA) 310 or 311, a Corps` Federally maintained" Dredged Material Placement Facility (J)MPF8). We have reviewed your request and coordinated it inferna lly to ensure that we have taken into account, all .available inform Oitiom Unde'r the. Corps' Implementation Guidance issuedon February;3, 2017 r the Wilmington District is required. to make several required findings before a prcje4 can be forward to our Division office in Atlanta for a final decision. Tha. V.VifmJngtQn District is tasked with determining. whether sufficient . capacity is avallab,16 to accommodate the proposed non-federa[ dredged material without reducing the, availability of the facility for federalproject purposes: Excess capacity is defined as; excess disposal capacity for the, life of thefederall project. As the, Atlantic Intracoastal Waterway (AIWW) is a perpetual project, and has no. project end date,, all, available capac will be needed at some point. in the future.. However, since no excess, capacity exists Ists for placement of non-f6doral dredged matpriat in OA 310 or 311, we are unable to make the, required findings regarding Your request to, utilize, this DMPF. We realize that this decision may, be different; than 14 past years, but asstated' earlier, out current guidance establishes additional requirements specifically related to available and Mao capacities, A copy of the above referenced Implementation Guidance can be obtained from the following website: h tt oswcci m m ozi- cant6 h tdrh -0 616. 66:0 ig"ita 1/661 166flof i7iJ J 6 OZI 66 11 vi ri d/I 349. Thank you for your request, and if You have any further questions do not, hesitate to contact' Mr. Justin Ametteaf,91,0251-4106, Todd Horton Deputy Chief of, Navigation O�k/ Spears, Courtney From: Neal, Robert <rneal@moffattnichol.com> Sent: Friday, May 04, 2018 3:39 PM To: Bodnar, Gregg Cc: Surgan, Brooks R; Dustin Graham Subject: [External] RE: Extension letter for Turtle and Mary's Creek Thanks Gregg, The USACE comments were expected and I appreciate the Division extending the review period so we can straighten that out. Otherwise, I will call next week to see about the comments from DMF, WRC, & DEMLR. Have a.good weekend! Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, May 04, 201810:54 AM To: Neal, Robert Cc: Surgan, Brooks R Subject: Extension letter for Turtle and Mary's Creek Morning Robert, In case you might not be aware, Heathertook our vacant Beach and Inlet Management Coordinator position. So in the mean time until we can fill her vacancy I have taken over her case load. I have attached a copy of the letter that will go in the mail today. My most notable outstanding comments are USACE. DMF and WRC have noted conditions that reflect the expired permits. I know you are aware of USACE comments on the upland disposal site. DEMLR has noted the disposal site may need Stormwater and Sediment and Erosion permits as well. If you would like an update on the comments and to talk about your disposal site search please give me a call. Gregg Bodnar Assistant Major -Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar(@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 e'�'Nothjng Compares,.._ Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 0 Spears, Courtney From: Neal, Robert <rneal@moffattnichol.com> Sent: Tuesday, May 15, 2018 1:27 PM , To: Bodnar, Gregg; Dustin Graham; langlin@sunsetbeachnc.gov Subject: [External] Re: Town of Sunset Beach (Mary's and Turtle Creeks) Thanks Gregg, and yes I would like to request this application be placed on applicant hold until we can resolve the disposal issue. Recent guidance from the USACE has created a potential issue with the project, which needs a little time to resolve. Thank you for the reminder, I expect to have resolution to this issue by mid -June. Best Regards, Robert Neal Sent from my iPhone On May 15, 2018, at 1:21 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Robert, I know we have discussed the project a few times but I wanted to check in and see if you still wanted to place the permit application on Applicant Hold as of our discussion on 5/8/18. If you'd like you can respond to this email directing me either way. Thanks again and please give me a call if you need anything, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Coastal Management ENVIRONMENTAL QUALITY May 5, 2018 Moffat & Nichol Robert Neal 272 N. Front Street, Suite 204. Wilmington, NC 28401 Dear Mr. Neal, ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director This letter is in reference to the application submitted on behalf of The Town of Sunset Beach for a Coastal Area Management Act Major Permit to undertake development activities to conduct maintenance dredging within Turtle and Mary's Creeks, in Brunswick County. Although processing of the application is nearing completion, 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. 113A-122(c) which would make July 23, 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, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM WiRO Sincerely, Gregory . Bodnar Assistant Major Permits Coordinator State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 �ok Bodnar, Gregg From: Neal, Robert <rneal@moffattnichol.com> Sent: Tuesday, May 15, 2018 1:27 PM To: Bodnar, Gregg; Dustin Graham; langlin@sunsetbeachnc.gov Subject: [External] Re: Town of Sunset Beach (Mary's and Turtle Creeks) Thanks Gregg, and yes I would like to request this application be placed on applicant hold until we can resolve the disposal issue. Recent guidance from the USACE has created a potential issue with the project, which needs a little time to resolve. Thank you for the reminder, I expect to have resolution to this issue by mid -June. Best Regards, Robert Neal Sent from my Whone On May 15, 2018, at 1:21 PM, Bodnar, Gregg <gregg.bodnar@ncdenr.gov> wrote: Afternoon Robert, I know we have discussed the project a few times but I wanted to check in and see if you still wanted to place the permit application on Applicant Hold as of our discussion on 5/8/18. If you'd like you can respond to this email directing me either way. Thanks again and please give me a call if you need anything, G regg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(c2ncdenr.pov 400 Commerce Ave Morehead City, NC 28557 <image001.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. )At" DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 11. 2018 Regulatory Division Action ID No. SAW-2002-00247; Mary's and Turtle Creek Maintenance dredge Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the revised request dated October 2018, and received on November 15, 2018, from the Town of Sunset Beach to conduct maintenance dredging within waters of Mary's Creek and Turtle Creek, located near the southern terminus of Sunset Boulevard N., adjacent to the AIWW in Sunset Beach, Brunswick County, North Carolina. Coordinates in Decimal Degrees are: 33.883506 N,-78.509462 W for Mary's Creek and 33.885280 N,-78.503478 W for Turtle Creek. The project plans propose to perform maintenance dredging with Mary's Creek and Turtle Creek as follows: The proposed maintenance dredging will restore average bottom depths to between -3 ft & -5 ft MLW by removing approximately 8,100 cubic yards (CY) from Mary's Creek and 7,800 CY from Turtle Creek. The dredge template provides a 1-ft tolerance below the referenced design depths to allow the contractor room to maneuver the equipment in a manner sufficient to compete the work. The maximum dredge depth for Mary's and Turtle Creek equals —6 MLW near the creek entrances, and decreases to -4 ft MLW near the landward terminus of each creek. Approximately 96,000 square feet of shallow bottom habitat would be removed within the project area by bucket to barge method, generating approximately 16,000 cubic yards of spoil material which will then be trucked to an approved landfill site along Old Georg6116biENW, in Supply, Brunswick County, North Carolina. DEC 117018 DCM WILMINGTON, NC -2- The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the modification to the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws..qov/nc-es/mammal/manatee quidelines.pdf. 2. In order to protect anadromous fish, no excavation or filling activities will be permitted between the dates of April 1 and September 30, of any year without the prior approval of the Corps of Engineers. 3. The Town of Sunset Beach and its contractors will employ NMFS' Sea Turtle and Smalltooth Sawfish Construction Conditions (rev. March 23, 2006). 4. In order to avoid and further minimize impacts to coastal marsh, a 20-ft buffer will be maintained between the dredge area and any coastal marsh. 5. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 6. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 7. The docks and piers extending over wetlands will be elevated sufficiently (a minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. 8. 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. 9. Approval of the structure is based on determinations that there would be no -3- obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 10. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 11. 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. 12. 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 borrow and fill activities connected with this project. 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all con ditionsRailable at the project site during construction and maintenance of this project. DEC 112018 DCM WILMINGTON, NC me 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 18. The activity will be conducted in such a manner as to prevent a, significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the Waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 19. 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. 20. Violations of these conditions or violations of Section 404 of the Clean Water Actor Section 10 of the Rivers and Harbors Act must be reported in writing,to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e. hair@usace. army, mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: -5- Ms. Karen Higgins/Mr. Chad Coburn Division of Water Resources -NC DEQ Mr. Pete Benjamin/Mr. John Ellis/Ms. Kathy Matthews U.S. Fish and Wildlife Service Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood National Marine Fisheries Service -Habitat Conservation Division RECEIVED DEC 112018 OCM WILMINGTON, NC in Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Courtney Spears North Carolina Division of Coastal Management -NC DEQ Mr. Justin Amette USACE-Navigation From: Gardner, Gary To: Neal, Robert: Hiram Marziano Cc: "Cindi Stephenson"; Christofferson. Erik D. Subject: RE: [External] Letter of Request - Sunset Beach Boat Ramp Date: Friday, October 12, 2018 10:49:54 AM Robert, Reviewing the plans will be help with our decision process. For the time being, while we are not agreeing yet, we are aware of the project and are considering allowing the boat access area to be used for the dredging off-loading. Gary Gardner // Section Chief Engineering NC Wildlife Resources Commission Mailing Address: 1720 Mail Service Center Raleigh, NC 27699-1720 Office: 919-707-4091 // Mobile: 919-608-3788 H Fax: 919-707-0162 ncwildlife.ora From: Neal, Robert <rneal@moffattnichol.com> Sent: Friday, October 12, 2018 9:52 AM To: Gardner, Gary <gary.gardner@ncwildlife.org>; Hiram Marziano <h m a rzia no@ su nsetbeachnc.gov> Cc:'Cindi Stephenson' <cstephenson@sunsetbeachnc.gov>; Christofferson, Erik D. <eri k.christofferson @ ncwi Id life.org> Subject: RE: [External] Letter of Request - Sunset Beach Boat Ramp Gary— I can provide permit sketches probably late next week and the plans / permits prob. in early December. However, in order to finish the permit review we need a consent of use agreement to use the site for material off-loading. I understand WRC may choose not to let the Town use the site, but can I use this email chain to show you are aware of the project and consent to the site being considered for use? Robert Neal Moffatt & Nichol 272 N. Front Street I Suite 204 1 Wilmington, NC 28401 RECEIVED P 910.218.7100 1 F 919.781.4869 1 C 910.524.3285 Nov 0 2 2018 From: Gardner, Gary [mailto:gary.gardnerPncwildlife.orgl INC Sent: Friday, October 12, 2018 7:30 AM DCM WILMINGTON, To: Hiram Marziano <hmarziano(@sunsetbeachnc.gov> MK' 910.579.6297 ext. 1014 www.sunsetbeachnc.gov Please note: Pursuant to NC General Statutes, Chapter 132, this message and any attachments that may be sent in response to it may be considered public records and therefore are subject to public record requests for review and copying under the Public Records Law. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. RECEIVED NOV 0 2 2018 DCM WILMINGTON, NC ROL 272 N. Front Sheet, Suite 204 „" Wilmington, NC 28041 mollott ✓k nloftol (910)218-7100 Fax(919)781-4869 November 01, 2018 Ms. Tara MacPherson N.C. Division of Coastal Management (NCDCM) 127 Cardinal Drive Extension Wilmington, NC 28468 Re: CAMA Major Permit Application — Additional Information Maintenance Dredging of Mary's & Turtle Creek, Sunset Beach Dear Ms. MacPherson, On behalf of the Town of Sunset Beach, please find enclosed additional submittal material in reference to the above referenced project. The additional information is provided to assist with the CAMA Major Permit review and includes the following documents in digital and hardcopy format: ■ Revised Project Narrative; ■ Revised Permit Drawings; ■ Consent of Use Acknowledgement for the WRC boat ramp facility for material transfer; ■ Consent of Use Acknowledgement for the upland landfill facility for material disposal; ■ Revised Agent Authorization; and, ■ Revised MP-1 & MP-2 forms. These documents update the applicants contact information and detail the work will be completed by a mechanical dredge plant, instead of hydraulic. The dredge material will be transferred to a dump truck or other hauling equipment at the Sunset Beach NC WRC boat ramp facility for transport and disposal an upland landfill. This change comes as a result of the USACE not allowing material placement from non-federal projects in their managed spoil islands. Please note, no changes are proposed for the dredge footprint or template. To the best of my knowledge, the information provided herein meets the compliance requirements of the N.C. Environmental Policy Act (NCGS 113A 1010). RECEIVED NOV 0 2 2018 DCM WILMINGTON, NC �fl 272 N. Front Street Suite 204 ,116' Wilmington, NC 28041 nnoffatt R nichol (910)218-7100 Fax(919)781d869 We appreciate the Division's assistance and guidance in preparing the enclosed application and look forward to a favorable review. As the authorized agent for the Town, please feel free to contact me if you have any questions or need additional information. Sincerely, MOFFATT & NICHOL O� Robert Neal, P.E. Senior Coastal Engineer Enclosures cc: Hiram Marziano, Town of Sunset Beach Dawn York, Moffatt & Nichol RECEIVED NOV 0 2 2018 DCM WILMINGTON, NC DIVISION OF COASTAL MANAGEMENT \` FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Town of Sunset Beach c/o Moffat & Nichol 2. LOCATION OF PROJECT SITE: East of Sunset Beach Bridge, Brunswick County. Photo Index — 2006: 2-6205 J-M, 10-18 Latitude:33.884612°N Longitude:78.505861°W 3. INVESTIGATION TYPE: LAMA/ D & F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 07/21/2017, 02/21/2018 Applicant Present —Yes, No 5. PROCESSING PROCEDURE: Application Received — 02/23/2018 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Sunset Beach Land Classification From LUP — Residential & Commercial (B) AEC(s) Involved: PT, EW, ES (C) Water Dependent: Yes (D) Intended Use: Navigation for riparian properties along Mans and Turtle Creeks. (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Private piers and docks, Town Park dock Planned — NONE (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7 91 HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Low Marsh) (B) Non -Vegetated Wetlands Approx.96,600 sq. ft. (Open water) (C) Other (High ground Disposal Area) TBD (D) Total Area Disturbed: — 96,600 sq. ft. (2.22 Acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA; HOW Open: No PROJECT SUMMARY: The applicant is proposing to perform maintenance dredging of Mary's and Turtle Creeks located off of the Intracoastal Waterway just east of the Sunset Beach bridge. Town of Sunset Beach, Mary's & Turtle Creek Maintenance Dredging c/o Moffat & Nichol Page 2 PROJECT DESCRIPTION: The project site is located east of the Sunset Beach bridge, on the mainland side of the Atlantic Intracoastal Waterway in Brunswick County. The upper reaches of the proposed dredging project on Mary's Creek is located behind Crabby Oddwaters at the corner of HWY 179 (Sunset Boulevard) and Shoreline Drive East while the upper reaches of Turtle Creek is further east on Shoreline Drive East, near the intersection with Stokes Street. To find the project site from US-17 S Shallotte, turn left onto Seaside Rd SW/NC-904 and travel approximately 3.6 miles. Turn right onto Sunset Blvd N/NC-179 Bus. Pass through 1 roundabout and continue straightfor approximately 1.86 miles. Enter through the next roundabout and take the 3rd right onto Shoreline Drive East. The shoreline of both creeks is stabilized primarily by vertical sheetpile bulkheads, with some sections of riprap and vegetative stabilization. The width of Marys Creek ranges in width from approximately 60' at the most constrictive point to approximately 170' at the widest point, nearest the confluence with the AIWW. The width of Turtle Creek ranges from approximately 70' at the most constrictive point to approximately 200'at the widest point. Significant accretion has occurred in Mary's and Turtle Creek since the previous maintenance event circa 2005, which was performed under State Permit #22-02, which expired December 31, 2005. The application states that both creeks have an average water depth measuring approximately-1' Mean Low Water (MLW). The "box -cut" dredge channel previously authorized in Mary's Creek measured approximately900' in length according to the approved plans dated April 2001. The submitted application forms indicate the length of the proposed channel measures approximately 1,075' in length (See MP-2 Form page 1), however the application also states that the proposed work follows the same dredge footprint as previously authorized in 2002 and 1987. The previously authorized box -cut dredge channel in Turtle Creek measured approximately 910' in width, according to the approved plans dated April 2001. The submitted application forms indicate the length of the proposed channel measures approximately 1,100' in length (See MP-2 Form page 1), however the application states that the proposed work follows the same dredge footprint as previously authorized in 2002 and 1987. These discrepancies may be due to varied measuring techniques, as it does appearthat the proposed channel templates follow the originally approved plans. The previous maintenance dredging in Mary's and Turtle Creek was authorized to remove approximately 16,089 cubic yards of material. Final cut depths as previously authorized in Mary's Creek and Turtle Creek were approximately MLW near the upstream terminus transitioning to -6' MLW near the confluence with the AIWW. The Town of Ocean Isle Beach Land Use Plan classifies the surrounding high ground area of Mary's and Turtle Creek as a mix of Residential and Commercial. The waters of Mary's and Turtle Creek are classified SA; HQW bythe Division of Water Resources. They ARE designated as a Primary Nursery Area by (PNA) the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. There are no known archaeological resources within the project vicinity. li 7 To11oll 4 l U IF The applicant is proposingto perform maintenance dredging of Mary's and Turtle Creeks located off of the Intracoastal Waterway just east of the Sunset Beach high rise bridge. According to the application, the dredge channel templates would not exceed the previously authorized footprint in each creek. The maintenance dredging as proposed would aim to achieve average bottom depths ranging from approximately -3' @ MLW in the upstream sections of the creeks to -5' @ MLW nearer to the confluence with the AIWW. The targeted cut depth in each creek would measure approximately 1' shallower than the previously authorized final depths, allowing for a -1' over -dredge buffer (See Permit Drawings, Sheet 5 & 6 of 6). The application indicates that the removal of approximately 8,100 cubic yards of material form Mary's Creek and approximately 7,800 cubic yards of material from Turtle Creek would be performed by means of cutter -head dredge and hydraulic pipeline. The project narrative states that the proposed dredge spoil does not appear to be beach compatible upon visual assessment. Town of Sunset Beach, Mary's & Turtle Creek Maintenance Dredging c/o Moffat & Nichol Page 3 As stated in the application narrative, the spoil material would be transported through a hydraulic pipeline that is proposed to cross the AIWW and terminate at one of two potential material placement Islands (to be determined prior to dredging), designated as Disposal Areas 310 and 311 by the U.S. Army Corps of Engineers. The application indicates that the proposed pipeline would be anchored to the bottom at least five (5) feet waterward of the MLW contour to allow a buffer between construction equipment and the existing Coastal Wetlands. To avoid potential navigation concerns, the pipeline as proposed would cross the AIWW perpendicularly, limiting the amount of pipeline length within the existing navigation channel. Standard lighting, marking, and signage of the pipeline has also been proposed and is described in the project narrative. The proposed spoil disposal islands are currently owned by Sunset Beach West, LLC, who has signed a letter of consentfor use of the Islands, subject to terms and conditions. The applicant has indicated that factors such as cost for necessary improvements to each spoil disposal island and other dredging efforts being pursued by the Town of Sunset Beach will play a role in determining which disposal island will be used. The application includes a detailed evaluation of both DA 310 and DA 311. The evaluation showed repair & maintenance of the dikes, weirs, and outfall systems will be necessary for each island prior to construction (See Island 310 & 311 Evaluation, pages 1-7 of 7). U.S. Army Corps of Engineers authorizations/easements would be obtained for the material placement Island selected. 11. ANTICIPATED IMPACTS: The proposed area of excavation would result in the disturbance of approximately 96,000 square feet of shallow bottom. According to the application, approximately 16,000 cubic yards of spoil material would be excavated from below MHW. The final project depth would range from 4 to -5' at MLW, with a -1' over dredge buffer, and would connect to the deeper water of the AIWW. The amount of high ground spoil disposal area has yet to be determined and would be dependent upon the selected disposal island and the available capacity after receiving necessary improvements. Short term increases in turbidity can be expected during the dredging activity. The Coastal Wetlands present in Mary's & Turtle Creek appear to have become established within the proposed dredge channel in some locations, likely due to accretion and shoaling. The applicant has located these waterward marsh extents and proposed to maintain a 20' buffer from the edge of all Coastal Wetlands (See Marsh Extents, Pages 1 & 2 of 2). The proposed excavation following a "box cut" template of the channel by hydraulic means will create steep side slopes and subsequent sloughing, thereby increasing the top width dimensions of the proposed project. As proposed, this 20' buffer would.aim to prevent any disturbance of Coastal Wetlands from sloughing. According to the submitted Shellfish Survey Report, the proposed dredge channel footprints for Mary's and Turtle Creek lack any significant presence of shellfish species. The existing shellfish beds appear to be located outside of the dredge channels, along the intertidal edges and marsh areas of the creek. An Essential Fish Habitat (EFH) Assessment was also submitted with the application, which in summary predicted only short-term impacts to EFH from increases in turbidity, siltation, and noise during n construction. The applicant has proposed limiting dredging activities from October 1 through Marc of 5-/31/B given year, in an effort to alleviate concerns regarding impacts to EFH and PNA. A draft Biological Assessment has also been submitted with this application. A chemical analysis was performed in November 2016 and submitted with the application to ensure that the sediment does not contain any hazardous materials. Submitted by: Sean Farrell Date: 03/06/18 Office: Wilmington Farrell, Sean C From: Rust Kenneth (US Partners) <kenneth.rust@partners.mcd.com> Sent: Saturday, March 03, 2018 10:13 AM To: Farrell, Sean C Subject: [External] Maintenance Dredging of Turtle Creek - Sunset Beach, NC Attachments: Sunset Beach Request for Bids - 2001 Dredging.pdf; Permits 1986.pdf, Map of 2004 Dredging.pdf, Permits 2001.pdf Follow Up Flag: Follow up Flag Status: Completed t click links or open attachments unless verified. Send all susnWilibiliffiiiiiii1fins a k; Mr. Farrell, My wife Lisa and I own the property at 309 Stokes Drive in Sunset Beach. We have the property adjacent to the mouth of Turtle creek, connecting with the Intracoastal Waterway. We fully support the dredging of Turtle Creek by the town. 3 years ago, I began the process of reapplying for the Dredging Permit for Turtle Creek. Upon meeting with Holley Snyder of CAMA, she informed me of initial discussions she had had with the town of Sunset Beach to begin this process. We have be patiently waiting for the town to proceed. I am in possession of either the originals or copies of the dredging permits and all associated materials dating back to the 1987 dredging as well as the 2004 maintenance dredging. As you may imagine, It is a thick stack of material. We look forward to your approval of the permit to dredge Turtle Creek. Hopefully this work will begin this year. Thank you, Kenneth and Lisa Rust Property Owners 309 Stokes Drive Sunset Beach, NC (910) 618-6477 cell .VEG WILNIiNGTON, N�, MAR 0 3 2018 I�. Coastal Management ENVIRONMENTAL OUALITY March 6, 2108 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for the Town of Sunset Beach / Brunswick Co. Hello Angie: Please publish the attached Notice in the Friday, March 9, 2018 issue. ROY COOPER Govemor MICHAEL S. REGAN Secretory BRAXTON DAVIS Director 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, NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Payment 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 ssistance Heather Coats - WiRO Doug Huggett - MHC Tyler Crumbley - USACE Sarah Young- DCM State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive &d., Wilmington, NC 29405 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 February 23, 2018, the Town of Sunset Beach proposed to perform maintenance dredging of Mary's and Turtle Creeks, located off the AIWW, just east of the Sunset Beach Bridge, in Sunset Beach, Brunswick County. A copy of the application can be examined or copied at the office of Sean Farrell, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) 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 March 30, 2018 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. State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., WilmingEon, NC 28405 910-796-7215 ROY COOPER Govemor MICHAEL S. REGAN Serreran, Coastal Management SNV IRONMENTAL QUALITY BRAXTON DAVIS D6n tar March 06, 2018 Town of Sunset Beach c/o Robert Neal, Moffat & Nichol 272 N. Front Street, Suite 204 Wilmington, NC 28401 Dear Mr. Neal: The Division of Coastal Management hereby acknowledges receipt of your CAMA Major Permit application, acting as agent for The Town of Sunset Beach, for State approval for development located within Mary's and Turtle Creek contiguous with the AIW W in Sunset Beach, Brunswick County. The application was received as complete on February 23, 2018, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 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 February 23, 2018, 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 113A-I I9(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, Sean Farrell Field Representative Enclosures cc: Morehead Files, DCM Heather Coats, DCM Debra Wilson, DCM Tyler Crumbley, ACOE Chad Coburn, DWR The Town of Sunset Beach, applicant Hiram Marziano, LPO Town of Sunset Beach Smte of Notth Carolina I Envrtoamenml Quality I Coastal Management 127 Cardinal Drive ExL, Wilmiugtom NC 28405 919 796 7215 September 28, 2018 Ike Williamson PO Box 742 Shallotte, NC 28459-0742 Town of Sunset Beach 700 Sunset Blvd. N. Sunset Beach, NC 28468 To Whom It May Concern, This letter of consent is provided to satisfy the requirements of the CAMA Major Permit application for providing written authorization for material placement within an approximate 42 Ac site on State Road 1163 (Old Georgetown Road) in Brunswick County. As the underlying property owner for the referenced lands, I am willing to grant permission to the Town of Sunset Beach (Town) to use the parcel for material placement pertaining to the Town's navigation project (Project). Please note, prior to the use of the parcel a formal agreement pertaining to additional terms and conditions (Agreement) will be executed with the Town. The Agreement shall document the terms and conditions of the use agreement for the duration and administration of the Project. The terns and conditions will stipulate a tipping fee of not more than $5.75 / CY for use of the placement islands. Sincerely, za, 2 Ike Williamson RECEIVED NOV 0 2 2018 DCM WILMINGTON, NC STATE OF NORTH CAHOLH`_ COUNTY OF BRUNSWICK This bsbomeM has bees filed for Registration on one Dale, Time and In the Bodo and Pails shotm 00 the fhat Page hreof, and is bolq returned for your safekeeping. RECEIVED NOV 0 2 2018 QCM WILMINGTON, NO 7Jia Y •�� rornT�tzEv Tcr � RBC# CK Aff _ cxa NCDENR ---R� North Carolina Department of Environment and Natural Resources Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor William G. Ross Jr., Secretary LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION Pursuant to 15A NCAC 13B .0563(2)(a), the land owner(s) and operator(s) of any Land Clearing and Inert Debris Landfill under two (2) acres in size shall submit this notification form to the Division prior to constructing or operating the landfill. This form must be filed for recordation in the Register of Deeds' Office. The Register of Deeds shall index the notification under the name of the owner(s) of the land in the county or counties in which the land is located. The Register's seal and the date, book, and page number of recording must be included on this form when submitted to the Division. This notification is not valid to authorize operation of a landfill unless complete, accurate, recorded, and submitted to the Division as required by 15A NCAC 13B .0563(2)(b). 1. Facility Name: _T k'G (A], I I'Aw,tcl I 13%4. 10 S'le 2. Facility location (street address): _SfAjr. 'e D 115L1 City: S611cii -e. County: $ruusf,ktr.- Zip: a%LV575 3. Directions to Site: 1;ke. Mwy 1101 +-o wR 11,5Q Fv •) pAaaJ I?" 5Z . al.T 4. The land on which this landfill is located is described in the deed recorded in: deed book: page:___ county: -9ru clef 5. Name of land owner:�['n/ ail^ G-''0e/gKL /C P i /Ftm S� L 6. Mailing address of land owner:_` 6_ �&a; I (a0 2 City:SlN-Aj1u'�+e State: Al C Zip: 7. Telephone number of land owner:L_et 1 d 1 LIL13— LIfSILI If the land is owned by more than one person, attach additional sheets with the name, address, and phone number of all additional land owners. 8. Name of operator: S.kE We11,tomQjJ 9. Trade or business name of operator: CI_Praw:.._ 4- �; f v J 10. Mailing address of operator: • O . 'Reb 1 .O City:S1,,A11d--tie State: JI1C Zip: siFNsn 11. Telephone number of operator.( I O 1 L J 4{ 3 LI g j L1 If the landfill is operated by more than one person, attach additional sheets with the name, address, and phone 12. Pr-,,ec&-- use cf ar agar ccmpietion of landfill operations: G r ee,d SOAG•e NORTH CAROLINA BRUNSWICK COUNTY SPECIAL EXCEPTION PERMIT #07-02S GRANTED Applicant: Glen N. Williamson Record Owners: Glen and Sarah Williamson Location: 5399 Oak Tree Lane SW, Shallotte, Brunswick County, NC Tax Parcel: 2290001402 Acreage: 44.54 acres Proposed Use of Property: Non -Hazardous Solid and Liquid Waste Disposal Site Board Meeting Date: January 11, 2007 Approval Date: January 11, 2007 SECTION 1. FINDINGS: Having heard all of the evidence presented at the hearing, the Board finds that the application is complete and finds: That the proposed use is in keeping with the statement of intent of the zoning district. This is based upon sworn testimony and evidence submitted during the hearing which shows the following: A "Non -Hazardous Solid and Liquid Waste Disposal Site" is permissible within the Rural (RL) zoning district with special exception permits. No specific evide= or testimony Ras presented that this use «ill not bRLRCE NED harmony nith the surrounding development. NOV 0 2 2018 II. The use, if developed as proposed, will not substantially injure the v Ket�ILMINGTQN, NC adiomme or abuttine oronerty. This is based upon sworn testimony evr ence II I I I I I II II II I I II I III I II IIII it ll ll 111 az519 P0094 Robinson Brunswick County, NC Register of Deeds page 2 of 3 (a) The red* shall be adequately secured by means of gales, chains. berms, fences, etc. to prevent unauthorized access except when an operator is on duty. An attendant shall be on duty at all times while the landfill is open for public use to assure compliance with operational requirements and to prevent acceptance of unauthorized wastes. (9) Access roads shall be of all-weather construction and property maintained. (10) Surface water shall be diverted from the working face and shall not be impounded over waste. (11) Solid waste shall not be disposed of in water. (12) Open burning of solid waste is prohibited. (13) The concentration of explosive gases generated by the facility shall not exceed: (a) Twenty-five percent of the lower explosive limit for the gases in facility structures. (b) The lower explosive limit for the gases at the properly boundary. (14) Leachate shall be properly managed on site through the use of current best management practices. (15) Should the Division deem it necessary, ground water or surface water monitoring, or both, may be required as provided for under Rules .0601 and .0602 of this Subchapter. ' (16) A sign shall be posted at the facility entrance showing the contact name and number in rase of an emergency and the permit number. The permit number requirement is not applicable for facilities not requiring an individual permit. Certification by Land Owner: I certify that the information provided by me in this notification is true, accurate, and complete to the best of my knowledge. The facility siting and disposal operations of this Land Clearing & Inert Debris landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 13B, North Carolina Solid Waste Management Rules. The facility and operations of this landfill will also comply with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where the operator is different from the land owner, I, the land owner, have knowledge of the operator's plans to dispose of solid waste on the land and I specifically grant permission for the operation of the landfill. I understand that both the land owner and operator are jointly and severally liable for improper operations and proper closure of the landfill as provided for by North Carolina General Statute 130A-309.27. I further understand that North Carolina General Statute 130A-22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per each violation of the Solid Waste Management Rules. I further understand that the Solid Waste Management Rules may be revised or amended in the future and that the facility siting and operations of this landfill will be required to comply with all such revisions or amendments. a _ (A�. ..�} l`l� 1- 0 a 2iCE W�IIrPw.w- CJ.N• APrint Name (Owner) Signature (Owner) Date North Carolina _ rtLCounty ©, ,'� �•� .� r1� a Notary Public for said County and State, do hereby certify that �. (t! r �'r �h , t' 11'41w s oA) personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness hand and official seal, this the r1 day of'� 20 Notary Public 4— ,20i d A� G i� uetcic to �Y ,�• RECEIVED NOV 0 2 2018 DCM WILMINGTON, NC NOTI(01#17,j- CAMA PERMIT APPLIED FOR ��Eperform maintenance excavation of M U in Sunset Beach, Brunswick County, COMMENTS ACCEPTED THROUGH March 30. 2018 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Town of Suncpt Roach NC Div. of Coastal Management 700 Slincot Rlyd-, N_ 127 Cardinal Dr. Extension Sunset R4RR Wilmington, NC 28405 Sean Farrell, Field Representative Agent: Robert Neal (910) 218-7100 910-796-7424 11 Ii5 III n" j III 'I I'I III I'lil I"1"""I'�"'�"" 1.ill I ,......,...,.......�il_.." I'; dTOWOtdi $pnkottBeaC�li I I I�jl '' i + i j "III i�I�Ih( tI ul I t r aV 1 + r I� 1 1 I 7 u'f IhIjII II f fill 1 ,b IIIJ Iq Ij Ijj f jDate 2i�3=�Bfit vli n- 5 1 ll�l;lllh IIIi�I�Ii'+ I+ lJ ifUs I if k hill t �Ilt. IIIITT .....�I Ih�Ill �! I ql!iT I t h�ri''', I ,G i p d1 I l' j 11'il V�'II "II S ill I ��I I itl II �� 1 1r I I Ii IT 21 r, i I I; I�. II j II u e + I� I 'illl I' I Ih III i. i IIII 11111 II d 4 ✓{IIII a I 1 I I,IIII ^ Illj .fir 41I7 j II'llll �I I I;I I Ij jf I II i�j�it e ll' iII I' •' III II4 I �fli III rIFi t I IiIT IT I IIII: Iryj {I I II I�III�Ip^f9187332293IIiI1 �ti8r4HC0A$ffri+,vw ncc_oast�hn�nK ement:nHit,re"�Isad ,I110I9210GI II',�. v IT .-IIT o r� I � �n 1 14 ldmeasuremeln HI 1 I �� p4ndlhnlllyoui'dActivlies�lo`ileslheetedl`forl;'I NC Division of Coastal Management Major Permit Application Computer Sheet AEC: AIW W / Tubbs Inlet Fee: $475 #3 0 / CDAITS _ MHC cc _ Applicant- Town of Sunset Beach Agenticontractor Moffatt & Nicol do Robert Neal Project Site County: Brunswick Staff: Sean Farrell District Wilmington Project Name: Maintenance dredge: Mary's & Turtle Creeks Rover File: i River Basin: Initial date of application submittal: 2-23-18 _ Date application "received as complete" in the Field office 1 j Permit Authorization: ❑CAMA ❑Dredge & Fill UBolh SITE DESCRIPTION/PERMIT INFORMATION ORW: []Yes IRNo PNA: MYes nNo Photos Taken: YesR NoEl Setback Required (riparian): Yes PINo Critical Habitat: Yes []No W( Not Sure 15 fool waiver obtained: Yes No Hazard Notification Returned: ❑Yes EINo SAW. Yes XNo ❑Not Sure Shell Bottom: Yes No vE] Not Temporary Impacts: Yes LNo Sure Sandbags: Yes �No ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ❑Yes (WNo ❑Yes IONo Moratorium Conditions: Environrjpntal Assessment Done: ONo ❑NA Length of Shoreline: ❑Yes y- ��j FT. ,Ryes ❑No ❑NA ' Shellfish Area Designation: Project Description: (code) Deevtellop�me-nt Area (code) Open -or- to L S�q SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) F1 Future Water Sumnly (FWS) inNutfient Sensitive Waters (NSW) Swamp Waters (SW) Outstanding WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) 0 (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus El (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncos (SP) Salt/meadow -grass (Spartina rcemenanus) patens) APPLICATION FEE No fee required - $0 00 ❑ III(A) Private w/ D&F up to 1 acre, 3490 ❑ III(D) Pnv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major I IV Any development involving D&F of I more than 1 acre - $475 permit - $100 permit -$250 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - C1 11. Public or commercial/no dredge $100 and/or fill - $400 ❑ I Private no dredge and/or fill - $250 111(C) Pnv. public or Comm w /D&F to 1 acre, 4144 can be applied, DCM needs DWQ agreement - S400 Town of Sunset Beach Date: 2-23-18 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 1 Dimension 2 Dimension 3 Dimension 4 One One I New Work El Replace New Work ❑ Replace ----- t ' Maint ❑ Y gN lon �- New ork ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y [:IN New Work ❑ Replace Maint ❑ ❑ Y [IN j 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 I restoration or and/or temp restoration or temp impact temp impacts) impact amount '.. ternim acts)amount 5 Dredge Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑' Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733.2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10il Z06 i i Project Narye Alvt wo Major Permit Fee Schedule County: Check No & Amount: DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Prvate, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) H. 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 filing andlor excavation of up to i 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. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) ill(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% ($240) 40% ($160) III(D). If General Water Quality Certification No. 4144 (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 and/or open water areas: $475 60% ($285) 40% ($190) Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 2/26/2018 Robert Neal Town of Sunset Bankof l70� $475.00 major fee, Mary's & Turtle SFrct.5835 Beach America r-Tv Creek adj to 206 Sunset Blvd N, Sunset Beach, BrCO NO split