Loading...
HomeMy WebLinkAbout60-17 Town of Atlantic BeachPermit Number 60-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission tCMit. for -2L Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Town of Atlantic Beach, PO Box 10, Atlantic Beach NC 28512 ing development in Carteret County at adi to the Triple Ess Marina, in Boeue as requested in the permittee's application dated 1/6/17 (MP-1) and dated 2/2/17 (MP-2), including attached workplan drawings (2), both dated This pRmit, issued on May 4, 2017 is subject to compliance with the application where �• j P� PP ( consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation oftthese terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation In order to protect juvenile shrimp and finfish populations, no excavation 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. Excavation shall not exceed -6 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters and shall remain within the designated channel as depicted in the attached workplan drawings. 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) action may be appealed by the permittee or other ms within twenty (20) days of the issuing date. must be accessible on -site to Department the project is inspected for compliance. itaintenance work or project modification not covered -r requires further Division approval. r,k must cease when the permit expires on December 31, 2020 ing'this permit, the State of North Carolina agrees that )jest is consistent with the North Carolina Coastal bent Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director sion of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Atlantic Beach Permit No. 60-11 Page 2 of 3 ADDITIONAL CONDITIONS excavation shall take place outside of the area indicated on the workplan drawings. Maintenance Clause 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. Spoil Disposal Due to the fact that a well No. 5, which provides drinking water to the Town of Atlantic Beach, exists in L:% close proximity to the proposed disposal area, spoil material shall not be placed within 100 feet of the ?J, identified well. If relocation of the disposal area is determined to be necessary, additional authorization from the Division shall be required. The permittee and/or his contractor shall take all necessary precautions to ensure that the spoil material is properly contained during transport to the disposal site, and that all the proper coordination has taken "place with the local or state governments to ensure that any damage to public streets caused by transport '; of the spoil material has been addressed. Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to _,,:.ensure that eroded materials do not enter adjacent wetlands, watercourses and property, and the DWR Public Water Supply Section's 100-foot buffer around well No. 5. General 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 http://www.fws.gov/nc-es/mammal/manatee guidelines pd£ 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. In order to ensure compliance with the conditions of this Permit, the permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management and DWR Public Water Supply Section prior to the initiation of any dredging or mobilization activities. Atlantic Beach ADDITIONAL CONDITIONS Permit No. 60-17 Page 3 of 3 This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-1989-00300). The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 2017-0021. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. Narrative Major CAMA Application Triple Ess Dredging Project Owner: Town of Atlantic Beach P.O. Box 10 Atlantic Beach, NC 28512 (252)-726-2121 Engineer: Stroud Engineer, P.A. 151-A Hwy 24 Morehead City , NC 28557 (252)247-7479 Stroud Engineering, P.A. is requesting a CAMA Major Permit for excavation of the channel leading from Bogue Sound up to the Triple Ess Marina. The Marina is located adjacent to the intersection of Fort Macon and Henderson Blvd. in Atlantic Beach, NC and is owned by Fred Bunn, deed book 1551 page 398. The proposed work will be to excavate the channel to elevation -6.0 feet below MLLW ( Mean Lower Low Water) line. The proposed length of the channel is 2600 feet long and 80 feet wide. The volume of the required excavation is 12,702.6 cubic yards. The excavation will be accomplished mechanically using a backhoe excavator on a dredge. A channel plan generated by Geodynamics is included in the attached package. RECENED FEB 0 2 2011 DCM. MHp CITY 0CM M04 APPLICATION for Malor Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town Of Atlantic Beach Triple ESS Dredging Project Applicant 1: First Name MI Last Name Marc Schulze Applicant 2: First Name MI Last Name If additional appl/cants, please attach an additional page(s) with names listed. Mailing Address PO Box city State Town of Atlantic Beach 10 Atlantic Beach NC ZIP Country Phone No. FAX No. 28512 USA 252-726-2121 ext. 252-726-5115 Street Address (if different From above) City State ZIP Email 2. Agent/Contractor Information ousmeaS Name Stroud Engineering Agent/ Contractor 1: First Name MI Last Name Jerry A Munday Agent( Contractor 2: First Name MI Last Name Ron Cullipher Mailing Address PO Box City State 151-A HWY 24 Morehead Citry NC ZIP Phone No. 1 Phone No. 2 28557 252-247-7479 exL _ _ ext. FAX No. Contractor # 252 247 4098 Street Address (d different from above) City State ZIP - I ED- Email amunday@stroudengineer.com FEB 0 2 2017 <Form continues on back> DCM_ MHD CITY 252-808-2808 :: 1.888-4111COAST :: www.nccoastatmanagement.net +•. Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3, Project Location County (can be multiple) Street Address State Rd. # Carteret N/A N/A Subdivision Name City te Zip N/A Atlantic Beach �NC 28512 - Phone No. Lot No.(s) ilf many, attach additional page with list) 252 - 726 - 2121 ext. N/A, a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound 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 Bogue Sound a. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes []No work falls within. Town of Atlantic Beach 4, Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) N/A N/A c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I NWL (normal water level) (If many lot sizes, please attach additional page with alist) WA ❑NHW or ❑NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract N/A g. Identify and describe the existing land uses a latent to the proposed project site. N/A h. How does local government zone the tract?', i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning iance certificate, N applicable) co;®NA ❑Yes ❑No j. is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a mpy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ❑NoRF-C�N/j, E� National Register listed or eligible property? �\/i <Form continues on next page> FEB 0 2 Z017 DCM- MHD CITY 252-808-2808 :: I.888.4RCOA8T :: www.nCCoastalmana0ement.net -' Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. @ Are there wetlands on the site? ❑Yes ®No (II) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (1) or (li) above, has a delineation been conducted? [--]Yes ®No (Attach documentation, !f 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 treatnient systems. N/A 5. Activities and Impacts . a. Will the project be for commercial, public, or private se? ❑Commercial ❑Public/Govemment ®Private/CommuniTy b. Give a brief description of purpose, use, and daily operations of the project when complete. To provide 6.0' of draft from the MLLW (Mean Lower Low Water) in Bogue Sound to Triple ESS Marina c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A backhoe excavator on a dredge anchored in 6ogue Sound when not in use d. List all development activities you propose. Excavate an area 80' wide by 2600' long and 6 0' below the MLLW (Mean Lower Low the attached channel plan. Water) in Bogue Sound as shown on e. Are the proposed activities maintenance of an existing project, new work, or both? New Work T. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area that the public has established use of? ❑Yes []No ®NA h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ONO ®NA I. Is there any mitigation proposed? If yes, attach a mitigation proposal. ❑Ye L. NC V/ � LLJ K C <Form continues on back> FEB 0 2 Z017 DCM_ MHD CITY 252-808.2808 :: 1.888.4RCOAST :: www.nccoastalmanagement.not ^r? Form DCM MPA (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information In addition to this completed application fomn,.(MP-f) th following items below, if applicable, must be submitted in order for the application package to be complete. items (a) — (0 are always app Instruction booklet on how to propedy prepare the requl able to any major development application. Please consult the application d items below. a. A project narrative. b. An accurate, dated work plat (including plan view an cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adj cent waterfront (riparian) landowners and signed return receipts as proof that such owners have recelved a copy of the application and oats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project tthe Division of Coastal Management. Name David S. Sledge i Phone No. (252)-726-2324 Address PO Box 33, Atlantic Beach, NC 28512 Name Asbury Beach Homeowners Association Phone No. Address 933 Brookside Drive NW, Wilson NC 27893 Name Phone No. Address Ij g. A list of previous state or federal permits issued for wbrk on the project tract. Include permit numbers, permlttee, and Issuing dates. State permit assured to Triple ESS Partnership on 715189. Permit Munber 140-89 h. Signed consultant or agent authorization form, if appilcable. 1. Weiland delineation, If necessary. I. 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 1`011cy 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 td this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection' with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date I /6 11 17 Print Name _Marc Schu a ublic Works Director)_ Signature Please indicate application attachments pertaining to your proposed project.0 ^ C I` V , CG D ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culy GV G ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information FEB 0 2 2017 DCM- MHO CITY 252-808-2808 :. 1.888-4RCOAST :-. www.nccoastatmanagement.net 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 (NLW) Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization Length 2600' Width 80, Avg. Existing Depth -4.4 NA NA Final Project Depth 6 0 NA NA I. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 12,702.6 CY c. (i) 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 ❑SB OWL _ ®None (ii) Describe the purpose of the excavation in these areas: N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Adjacent to the new municipal building site at the water tank just west of Atlantic Station Shopping Center off of Fort Macon Blvd c. (1) Do you claim title to disposal area? Was ❑No ❑NA (11) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: ❑This section not applicable b. Type of material to be Sand d. High -ground excavation in cubic yards. N/A ❑This section not applicable b. Dimensions of disposal area. 320' x 360' d. (1) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (II) If yes, how much water area is affected? FEB 0 2 Z017 DCM- MHD CITY 252-808-2808 :: 9-888-4RCOAST :: www.nccoastalmanagement net revised: 12/26/06 F,,fm IDCM MP-2 (Excavation and Fill, Page 2 of 2) V 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Lenath: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:_ Width: _ c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: f. () Has there been shoreline erosion during preceding 12 months? []Yes ❑No El NA (ii) 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 ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes []No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAX0, shell bottom (SB), or (11) Amount of material to be placed in the water other wetlands (WI-)? If any boxes are checked, provide the number of square feet affected. (Iv) Dimensions fill area ❑CW ❑SAV ❑SB (iv) Purpose of fillll OWL ❑None (11) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? NIA Backhoe excavator on dredge c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project []Yes []No ®NA site? []Yes []No ®NA (11) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Marc Schulze (Public Works Director) Data AppllCant7&--RECEIVED Triple ESS Dredging Project '//�/1� Applicant Signature Project Name FEB 0 2 2017 DCM- MHD CITY 252-808.2808 :: 1-888-4RCOAST :: www.necoastaimanagement.net revised; 12/26/06 Coastal Management ENVIRONMENTAL OVAL" May 4, 2017 Town of Atlantic Beach P.O. Box 10 Atlantic Beach, N.C. 28512 Dear Sir or Madam: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1400 Commerce Avenue, I Morehead City, NC 28557 252 808 2808 DCM Coordinator: j Permit #: MAH G DISTRIBUTION SHE /E T - _ Permttee: % rJl ff gwZ f O � /i r' 10 61c 9ch-I Ak Z057 2— DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmington US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pend#) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley Public Water Supply: pHeidi �Cox ,(WIRO) Marine Fisheries: Shane Staples Curt Weychert NC DOT: David Harris Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton DEMLR/DWR: Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanovei Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: LPO: Fax Distribution: Maria Dunn (WARD) Permittee #: Agent# Coastal Management ENVIRONMENTAL QUALITY April 13, 2017 Town of Atlantic Beach Marc Schulze PO Box 10 Atlantic Beach, NC 28512 Dear Mr. Schulze: ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director FILE This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities to excavate the channel leading from the Triple Ess Marina into Bogue Sound, in Carteret 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 2, 2017 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). Sincerely, 4� Gregory ar Assistant Major Permits Coordinator Cc: DCM Morehead City Jerry Munday/Ron Cullipher (Stroud Engineering) via email State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2529082808 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Town of Atlantic Beach County: Carteret LOCATION OF PROJECT: Within Bogue Sound and adjacent to The Triple ESS Marina, in the Town of Atlantic Beach. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2/2/17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes' FIELD REPRESENTATIVE: Heather Styron DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: Yes ADJ. RIP. PROP NOTICES REC'D: No APPLICATION ASSIGNED TO: Gregg Bodnar C) 75 DAY DEADLINE: 415?11 `7 MAIL OUT DATE: 2/20/17 FEDERAL DUE DATE: 1,6f I', PERMIT FINAL ACTION: ISSUE DENY DISTRICT OFFICE: Morehead City FEE REC'D: $475.00 (60/40) END OF NOTICE DATE: 3/4/17 DEED REC'D: Yes ON: 2/20/17 150 - DAY DEADLINE: STATE DUE DATE: 3/M/11 FED COMMENTS REC'D: DRAFT ON AGENCY DATE COMMENTS OBJECTIONS: NOTES RETURNED YES NO Coastal Management- Regional Representative Coastal Management- LUP Consistency Determination Division of Community Assistance 2 ./ 1 Y K DEMLR-Land Quality Section 2H (-I x J;,Vr6nct�ce4secio>�4c.c kK Division of Water Rea, ourcesAOI 'f�OL� Nz 7 I 4 q�ZZ DEMLR-Storm Water Management 1 State Property Office 'L�JI, Division ofArchives& History(Cultural Resources) Y-) 1-1 DMF-Shellfish Sanitation 265 K / DWR.P.bli.Water Supply 1E lcb k Pe C- 1� (00- , 4,1- Division of Highways Wildlife Resources Commission 10 I y Local Permit Office DCM-Fisheries Resource Specialist (, �[Gw �T410lIr W f Corpsof Engineers �(Z 71 7 17117 I �M7M Mc� ROY COOPER Coastal Management fNVIFANMENTAL QUALITY MEMORANDUM: <:nr¢rnnr MICHAEL S. REGAN Secnvarp _ .._ BRAXTON DAVIS Dimdor TO: GREGG BODNAR FROM: HEATHER STYRON THRU: ROY BROWNLOW February 7, 2017 SUBJECT: COMMENTS & RECOMMENDATIONS -CAMA MAJOR PERMIT -TOWN OF ATLANTIC BEACH, TRIPLE ESS DREDGING PROJECT, ATLANTIC BEACH, CARTERET COUNTY The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for the maintenance excavation. of a 80' wide x 2,600' long x -6' deep existing channel (Triple ESS). The proposed excavation work is consistent with 15A NCAC 71-1.0208 and therefore the Morehead City District office recommends the excavation portion of the project be authorized as proposed on plats dated received 2/2/17 contingent upon all applicable general conditions and the following standard conditions: • The maintenance excavation shall remain within the designated channel area as shown on plats dated 2/2/17 and shall not exceed a final depth of -6' nlw. • The spoils shall be located entirely on high ground, a minimum of 30' above nhw and shall not fill any wetlands. The spoil site shall be inspected and approved by DCM prior to spoil disposal. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY February 20, 2017 ,MEMORANDUM: 011111 FROM: SUBJECT: Applicant: Rachel Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach ROY COOPER Governor MICHAEL S. REGAN. Secretary BRAXTON C. DAVIS Director Project Location: Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposed Project: Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216.When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. T is t c bje is to the project for reasons described in the attached comments. SIGNED DATE 2 Z c� State of North Carolina 1 Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY IPil46M'1A@h11JPtl ROY COOPER Governor . - _.._. ,._MIGHAEI_S..(ZEG'AN secretary BRAXTON C. DAVIS Director TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner�D o Division of Coastal Management O� SUBJECT: Major Permit Request by The Town of Atlantic Beach, Triple ESS Channel. DATE: February 21, 2017 Consistency Determination: The request is consistent with/not in conflict with the 2008 Town of Atlantic Beach Core Land Use Plan certified by the CRC on July 24, 2008. Overview: The applicant is proposing a to conduct maintenance dredging at the existing Triple ESS channel. The channel starts at the mouth of the Triple Ess Marina basin and extends north within Bogue Sound in Atlantic Beach, Carteret County, North Carolina. The project is located in the Estuarine Water (EW) and Public Trust Area (PTA) Areas of Environmental Concern (AEC). The waters at the site as classified as SA (Market Shellfishing, Salt Water) and HQW (High Quality Waters), and is not designated a Primary Nursery Area (PNA). The channel is open to the taking of shellfish, while the marina basin is closed to the taking of shellfish. No shellfish or SAV were observed within the project area. Substrate along this area of Bogue Sound is mostly sand and silt. Anticipated impacts resulting from this project are expected to include: the disturbance of 208,000ft2of shallow sand and slit bottom habitat and remove 12,702 cubic yards of material from the system. Maintenance excavation will occur as needed to maintain the operation of these areas. Basis for Determination: The project site is located in the Town of Atlantic Beach and is subject to the town's 2008 Land Use Plan. The Future Land Use Map (FLUM) designates the site as Residential -Low Density and the subject AECs as "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Land Use Policies: The following LUP policies may be applicable to this request. State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. NC 28557 252 808 2808 i P.221 pg. 175 —'The Town of Atlantic Beach supports 15A NCAC 7H for the protection of all AECs". P_.3.f, pg_:176='The_Town of Atlantic Beach will support residential and commercial development which meets 15A NCAC 7H use standards in estuarine shoreline, estuarine water, and public trust areas". P.49, pg. 186 —'The Town of Atlantic Beach supports the guidelines of the Coastal Area Management Act and the efforts and programs of the NC Department of Environment and Natural Resources, Division of Coastal Management and the Coastal Resources Commission to protect/preserve the coastal wetlands, estuarine waters, estuarine shorelines, 404 wetlands, and public trust waters of the Town". State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1400 Commerce Avenue 1 Morehead City. NC 28557 2528082808 0 Coastal Management ENVIRONMENTAL QUALITY February 20, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director Shepflsh 11817 / Wateanitaf/Gn y.9s ` Quality S'cr onatioga/ Shannon Jenkins Shellfish Sanitation Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216.When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. V 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. SIGNEDV Ulf DATE a,3/I7 RECEIVED a(- FEB 24 2017 State of North Carolina l Environmental Quality l Coastal Management DCM- MHD CITY Morehead Cky Office 1 400 Commerce Avenue I Morehead Cky, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL DUALITY February 20,.2017 " W MORANDUM: To: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Oovemor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director Mark Ziegler Division of Community Assistance Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposes maintenance excavation of the existing Triple ESS channel. . Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. 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 VIA PVWI c.,� ��� DATE Z-1 L Z! l 17 State of North CaroVna I FnvhonmemalQuality I Coastal Management MorehcadGty Office 1400 Commerce Avems I Morehead City. NC 28557 2526082808 Coastal Management ENVWtN/MENTAL WAMY February 20, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: REC- FEB 2 2 2017 LOA STATE PROPERTY OFFICE Tim Walton State Property Office Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED MAR 0 1 2017 DCM- MHD CITY CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach Project Location: Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposed Project: Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 00, ✓ 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 agenc objects to the project for reasons described in the attached comments. SIGNED DATE Akyly State of North Carohna I Environmental Qualhy I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 February 20, 2017 MEMORANDUM:._ TO: FROM: SUBJECT: Renee Gledhill -Early NC Department of Cultural Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review ROY COOPER Governor MICHAEL S. REGAN Seaetnry BRAXTON C. DAVIS Dimctor 7 (0 3J'T/ i _- Applicant: Town of Atlantic Beach Project Location: Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposed Project: Proposes maintenance excavation of the existing Triple ESS channel Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Eat. 216.When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no connnent 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 de-s-}cribed in the attached comments. SIGNED _�tit,(-1-R. � a ATE ` T State of North Carona I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Cry. NC 2M7 2528082808 FEB 2 8 2017 4 r; Coastal Management ENVIRONMENTAL WALRY G. y'4•02. 2- 4- February 20, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: P3 Maria Dunn NC Wildlife Resources Commission Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director - FEB 2017 RECEIVED now Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216.When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAR 0 8 P017 This agency has no comment on the proposed project. DCM_ MHO CITY 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 1 . t DATE 9 - G - wz> I State of North Catoftna I Environmental Quality l Coastal Management Morehead Ctty Office 1 400 Commerce Avenue I Morehead Clty. NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY RECEIVED' rE 012017 ukom-HSnorlufi WARO ROY.COOPER .'Governor .._._.. MICHAEL S. REGAN . S. ..Secretory BRAXTON C. DAVIS Director February, 20,.2017 .. MEMORANDUM: . TO:• ' : - _'• ` ` Shane SUple&oz2NgW4ed= Division of Coastal Management FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Atlantic Beach Project Location: Carteret County, Triple ESS Channel (Triple S), Atlantic Beach.. Proposed Project: Proposes maintenanceexcavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron,. Permit officer at (252) 808-2808. Ext. 216.When appropriate, in-depth comments with supporting data is requested. REPLY:. This agency has no objection to the project as proposed. 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 49 Yz DATE State ofNorth Carolina I Environmental Quagty I Coastal Management Morehead City Office 1 400 Commerce Avenue I' Morehead City, NC 28557 2528082808 4. I i GarrstallNuttagement ' EµVlgllq(:{�ryYA�GALITY -- -- --- -�_ _ . ROY GOGFER.. MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Triple ESS Channel, Carteret County DATE: 3/10/17' MICHAEL S,REGAN Secretary BIFAXTOt9 :C.:DAVIS Dlri�etor A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to perform maintenance excavation of a previously permitted channel in Bogue Sound. The channel originally permitted in 1989 in 80' wide and 2,600' in length. Over the years it has been maintained through CAMA general permits moving 1000yards of material or less in each event. Now the applicant wished to perform maintenance of the entire channel due to shoaling to its original permitted depth of -6' at NLW. This would result in the removal of 12,700 cubic yards of material. To reduce the potential for negative impacts to fish and shellfish during the peak season of biologic activity a moratorium for in -water work is recommended for this project from April 1— September 30. While smaller dredge events issued under a GP may not have been subject to a moratorium they generally would have less potential impacts due to short work periods. The increased volume of the proposed project equates to increased.work time and increased potential for negative interactions Contact Shane Staples at (252) M-3950 or shane.3t ples@ncdenr.gov with further.questions or concerns. 8WeofNorthCamlina l EmimnmentalQualay) faastal.Management WaslgnofodOffici 1:94B Wast4fnnS0attMal-j.WashM9gtorr,.NufiMCarolfaa27884 ZV946,6481 Coastal Management ENVIRONMENTAL QUALITY February 20, 2017 MEMO DUM: FR �l SUBJECT: ' 1 Applicant: Project Location: Proposed Project: ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Direcmr ECE1VE FEB 2 2 2017 BY: Georgette Scott Division of Energy, Mineral, & Land Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: Z This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. j This agency objects to the project for reasons described in the attached comments. SIGNED/ Gtri�— ��� DATE 2,231, 7 RECEIVED State of North Carolina I Environmental Quality l Coastal Management MAR 2 A 2011 Morehead Chy Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DCM_ A&W CITY ROY COOPER Governor MICHAEL S. REGAN Secretary coastal Management BRAXTON C. DAVIS ENVIRONMENTAL QUALITY Director February 20, 2017 FFBz MEMORANDUM: By. TO: Dan Sams Division of Energy, Mineral & Land Resources FROM: Gregg Bodnar Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Atlantic Beach Project Location: Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposed Project: Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. If A�L cL j jj 1S '/ �- tlVLJdaS�IQ, W'l �`a^B Ua�1l GCf 4_ Jf Mn0(a_. A� ` L This agency objects to the project foP rea" sons described n the attached comments SIGNED J DATE ?,/zl�/ i 7 RECEIVED State of North Carolina I Environmental Quality) Coastal Management MAR 21 2017 Morehead City office 1 400 Commerce Avenue I Morehead Gty, NC 28557 2528082808 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY February 20, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Heidi Cox Public Water Supply Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON C. DAVIS Director �isioFo B 2 2 V17 p wIRO. Public. a Pfs�ubpl CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. e is s�D pp�ese� o is�sa a, Ti�is we/� r'avi /1<11a4�E .Qe4C REPLY: is ag n eil q objec ib to th roe�yt as posed l �/ 6 o/�° n�f p% c�d /�; I00 f5el o� is a enc as no comment on the propos pro c . > 1161796-7369 a d�$rc ? o o '/ ah� ccns�i�,x7� This agency approves of the project only if the reco ended changes are incorporated. See attached. This agency ob'ects to the project for reasons described in the attached comments. SIGNED DATE Z / REEULIVED MAR 21 2017 Stare of North Carohna I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead atty, NC 28557 D C M - M H D CITY 2528082808 t Coastal Management ENVIRONMENTAL QUALITY FROM: Robb Mairs Division of Water Resources Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director RECEIVED/WDENROR FEB 2 2 2017 Water Quality Regional' ..; .. Operations Section Wilmington. Regional Office , SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Atlantic Beach Project Location: Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposed Project: Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: _his agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are . incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE C State of North Carolina I EmdronmemalQuality l Coastal Management Morehead City Office 1400CommerceAvenue 1 Morehead City.NC 28W 252 8082808 Water Resources Environmental Quality March 23, 2017 ROY COOPER . Governor MICHAEL S. REGAN Secrelaty S. JAY ZIMMERMAN Director DWR Project # 20170221 Carteret County c `11 " j - mr;; Town of Atlantic Beach _ ,r" Attn: Marc Schulze; f ,,, •:� P.O. Box 10 N. Atlantic Beach, NC 28512 Y Fedz � "AMA (�' 'I: Subject Property: Triple ESS Dredging Project, Bogue Sound Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Schulze: You have our approval, in accordance with the attached conditions and those listed below to perform maintenance excavation, as described in your CAMA application dated January 6, 2017, and received by the Division of Water Resources (Division) on February 22, 2017. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). This Certification allows you to use the General Permit No.198000291 when issued bythe USArmy Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. 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, Water Supply Watershed, and stormwater regulations. Also,. this approval to proceed with your proposed impacts or to conduct Impacts to waters as depleted In your application shall expire upon expiration of the 404 or LAMA Permit. This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed on the following pages. The Additional Conditions of the Certification are: Impacts Approved The following impacts.are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental ice. Amount Approved Units Plan Location or Reference Open Waters Approximately 4.8 acres (Dredged) Sheets 1 through 2 rev.1, and project narrative Coastal wetlands NIA 404/401 wetlands NIA 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. -5�--� Nothtng Compares State ofNor%Carolina I Environmental Quality 127 Cudinal Drive Extension WilTnh Wn,North Carolina 28465 910-796-7215 Triple ESS Dredging Project -Carteret County DWR Permit # 20170221 March 23, 2017 Page 2 of 3 3. 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. 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. 5. The applicant/permitee 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. 6. All mechanized equipment operated near or in surface waters will be regularly inspected and maintained to prevent contamination of waters from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Resources, 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. 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 authorized agent is required to return the enclosed certificate of completion form to the NCDENR 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 also. available at: http://portal.ncdenr.org/web/wiz/swp/ws/4011certsandoermits/apply orms). 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 150E 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:l/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). 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. Triple ESS Dredging Project -Carteret County DWR Permit# 20170221 March 23, 2017 Page 3 of 3 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DEQ.: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699.1601 If sending via delfveryservice (UPS, FedEx, etc): Office of Administrative Hearings 1.711 New Hope Church Road Raleigh, NC 27609-6285 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 Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robb.Mairs(ancdenr.4ov. Sincerely, Jim Gre on, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosures: GC 3900 Liz Hair - USACE Wilmington Regulatory Field Office -Electronic Copy DWR 401 & Buffer Permitting Branch file-LF Gregg Bodnar - DCM Morehead City -Electronic Copy WiRO I Water Quality Certification No. 3900 CAMA PERMIT CERTIFICATION Water Quality Certification Number 3900 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the. United States and subject to the North Carolina Division of Water. Quality (DWQ) Regulations in 15A NCAC 02H..0500'and 15A NCAC 02B .0200 for the discharge of fill material to waters and wetland areas as described in General Permits 198000291, 1980.00048,,19B.700056, 197800080, 197800126, and 198200277, Nationwide Permits 3, 12, 13, 14, 18, 27, 29, 33, 35, 39,. and 43, and forthe Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 026.0200. The State of North Carolina certifies that the specified category of activityvlill not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Activities meeting any one f 1) of the following thresholds or circumstances require written. approval for a 401 Water Quality Certification from the Division of Water Quality (the "Division"): a) Activities authorized by CAMA major permits, except: I. Boat Ramps and associated access (i.e. roads and parking lots) that involve the excavation or filling of less than 500 square feettotal of wetland and open water area, with the exception, that the excavation or filling of coastal wetlands may not exceed 100 square feet; ii. Shoreline protection measures that tie into existing bulkheads, land or other shoreline protectionmeasures or do. not extend. waterward of the normal high water - -. - line•or-normal.water...level.morethan.40, feet provided..that.the.activity:will..not..:.-....., involve the excavation :or filling of any SAV or significant shellfish resources as. identified by the Division of Marine Fisheries and impacts less than 500 square feet. total of wetland, with the exception,that the excavation or filling of coastal wetlands may not exceed 100 square feet; III. Piers and docks designed to accommodate up to but not exceeding,10 vessels (except where prohibited. In ORW Waters as defined ih 15A NCAC 02B.0225.(7)&(8)) and where the water depth is equal to or -greater than two feet of water at normal. low water level or normal water level,(whichever is applicable); iv. Maintenance dredging of less than 0.5 acres of open water or non -vegetated wetiands.provided: that the applicant can provide documentation showing the historic. dimensions of the dredged channel, and no Submerged Aquatic Vegetation or shellfish beds are excavated.or filled; v. Projects, that involve only shading of waters or wetlands; vi. Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPDES Permit, as long as wetland or water impacts are temporary; vii. Upland development involves no more than 1110 of an acre of excavation or filling of non -coastal wetlands, with the exception than no more than 2,000 square feet of the non -coastal excavation or filling may take place within a Coastal Shoreline Area:of. Environmental Concern (AEC). For the purposes of this area calculation, the excavation or filling impacts of the entire project.must be considered, which may include boat ramps; bulkheads or other shoreline Water Quality Certification No. 3900 Water Quality Certification No. 3900 stabilization measu?es.- The applicant must comply with all applicable coastal stormwater rules; viii. Single family home construction that results in fill of 404 wetlands as long as written concurrence is not required from DWQ for the applicable Corps of Engineers Nationwide Permit; or b) Any stream relocation; or c) Any impact associated with a Notice of Violation or an enforcement action for violatiori(s) of DWQ Wetland Rules (15A NCAC 02H .0500), Isolated Wetland Rules (15A NCAC 02H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 02B .0200); or d) Any impacts to streams and/or buffers in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with Riparian Area Protection Rules (Buffer Rules) in effect at the time of application) unless the activities are listed as "EXEMPT" from these rules or a Buffer Authorization Certificate is issued through N.C. Division of Coastal Management (DCM) delegation for "ALLOWABLE" activities. In accordance with North Carolina General Statute 143-215-313(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, then one payment to both agencies shall be submitted and will be the higher of the two fees. Activities Included In this General Certification that do not meet one of the thresholds listed above do not require written approval from the Division as long as they comply with the Conditions of Certification listed below. Activities authorized by Coastal Area Management Act (CAMA) General Permits do not require written approval from the Division as long as they comply with the .Conditions of Certification listed below. If any of these Conditions cannot be met, then written approval from the Division Is required. Conditions of Certification: 1. No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold of Use of this Certification No waste,'spoil,'solids, or fill of any kind shall occur in wetlands, waters, or riparian areas 5eyond-th footlYrlritofthe impacts depicted in the Pre-Constructl0hNotificahriti, as"' authorized in the written approval from the Division or beyond the thresholds established for use of this Certification without written authorization, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are Incorporated by reference and are:enforceable parts of this permit. 2. Standard Erosion and Sediment Control Practices. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation'and maintenance of such Best Management Practices and if apRlicable, comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site: a) Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on ail construction' sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. Water Quality Certification No. 3900 2 Water Quality Certification No. 3900 b) For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c) Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d) Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on' site at all times. e) If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-I, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sedimentation and erosion control designs must comply with the requirements set forth in 15A NCAC 04Q .0124, Design Standards in Sensitive Watersheds. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement.of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in manner that may result in dis-equilibrium otwetlands, stream beds, orbanks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shalt be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources (DLR) or locally delegated program has released the specific area within the project. 4. Construction Stormwater Permit NCG010000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows. stormwater:to be discharged during land disturbing construction activities as stipulated in the conditions -of the permit. If your project is.coYeJeSl,by.this. permit, full compliance nce with permit condttons including erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A.copy of the general,permit (NCG010000), inspection log sheets, and other information'may be found at hhttb•//pottal hcdenroEg/web/wo/ws/su/nodassw#tab-w. The North Carolina Department of Transportation (NCDOT) shall be required to be. in full compliance with the conditions related to construction activities within the. most recent version of their individual NPDES (NCS000250) stormwater permit. 5. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity (i.e. sea turtle nesting, fish spawning, or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these. activities. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, or other aquatic species of concern shall be implemented. Exceptions to this condition require written approval by the resource agency responsible for the given moratorium. Water Quality Certification No. 3900 Water Quality Certification No. 3900 Work within the twenty-five (25) designated trout counties or identified state or federal endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 6. Dredging shall not cause Shellfish Closures The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Quality must be notified if this is to occur. 7. Work in the Dry All Work in or adjacent to stream waters shall be conducted so that the flowing stream does not come in contact with the disturbed area, Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application submittal to and written approval by the Division. 8. Riparian Area Protection (Buffer) Rules Activities located in the protected riparian areas (Whether jurisdictional wetlands or not), within the Neuse, Tar -Pamlico, or Catawba River Basins or in the Randleman, Jordan, or Goose Creek Watersheds (or any other basin or watershed with buffer rules) shall be. limited to "uses" identified within and constructed in accordance with 15A NCAC 02B .0233, .0259, .0243, .0250, .0267 and 0605, and shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 9. If concrete is used during the construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged. to waters of the state due to the potential for elevated pH and possible aquatic life/ fish kills. _._..._... _._....... .. _ . 10. Compensatory Mitigation In accordance with 15A NCAC 02H .0506 (h), compensatory mitigation may be required for losses of equal to or greater than 150 linear feet of streams (intermittent and perennial) and/or equal to or greater than one (1) acre of wetlands. For linear public transportation projects, Impacts equal to or exceeding 160 linear feet per stream shall require mitigation. { Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for activities classified as "Allowable with Mitigation" or "Prohibited" within the Table of Uses. A determination of buffer, wetland, and stream mitigation requirements shall be made for any General Water Quality Certification for this Nationwide and/,or Regional General Permit. Design and monitoring protocols shall follow the US Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003)'or its subsequent updates. Compensatory mitigation plans shall be submitted to the Division for written approval as required in those protocols. The mitigation plan must be implemented and/or constructed before any impacts occur on site. Alternatively, the Division will accept payment into an in -lieu fee program or a mitigation bank. In these cases, proof of payment shall be provided to the Division before any impacts occur on site. Water Quality Certification No. 3900 4 Water Quality Certification No. 3900 11. Placement of Culverts and Other Structures in Waters and Wetlands Culverts required. for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters and streams must be below the elevation of the streambed by one foot for all culverts with a. diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. When topographic constraints indicate culvert slopes of greater than 5%, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/ connectivity has been provided when possible (rock ladders, crossvanes, etc). Notification to the Division including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations shall be provided to the Division 60 days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification to the Division including supporting documentation such as, but not limited to, a location map of the culvert, geotechnical reports, photographs, etc shall be provided to the Division a minimum of 60 days prior to the installation of the culvert, If bedrock is discovered during construction, then the Division shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as _ described above and/or it be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application submittal to, and written approval by, the Division of Water Quality, regardless of the total Impacts to streams or wetlands from the project. Installation of culverts in wetlands must ensure continuity.of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways, or other flII projects 4it3 dohstructed across FEMA-ddsighatdd floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native, woody vegetation and othersoft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 12. All temporary fill and culverts shall be removed and the Impacted area returned to natural conditions within 60 days of the determination that the temporary impact is no longer necessary: The impacted areas shall be restored to original grade; including each stream's original cross sectional dimensions, plan form pattern, and longitudinal bed and bed ,profile,. and the. various sites shall be stabilized with natural woody vegetation (except for the approved maintenance areas) and restored to prevent erosion. 13. All temporary pipes/ culverts/ riprap pads etc, shall be installed irl all streams as outlined in the most recent edition. of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual so as not to restrict stream flow or cause dis-equilibrium during use of this General Certification. Water Quality Certification No. 3900. Water Quality Certification No, 3900 14. Any riprap*required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall buried and/or "keyed in" such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area. 15. Any rip -rap used for stream stabilization shall be of a size and density so as not to be able to be carried off by wave, current action, or stream flows and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not. be installed in the streambed except in specific areas required f& velocity control and to ensure 'structural Integrity of bank stabilization measures. 16. If this Water Quality Certification is used to access building sites, then all lots owned by the applicant must be buildable without additional impacts to streams or wetlands, The applicant Is required to provide evidence that the lots are buildable without requiring additional impacts to wetlands, waters, or buffers if required to do so in writing by the Division. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters, and protective buffers within the project boundaries in order to assure compliance for future wetland, water., and buffer impact. These mechanisms shall be put in place at the time of recording of the property or of individual lots whichever is appropriate. A sample deed notification can be downloaded from the Division's web site at http://portal ncdenr org/web/wg/swp/ws1d01/certsandbermits/aoplylforms. The text of the sample deed notification may be modified as appropriate.to suit to a specific project. Documentation of deed notifications shall be provided to the Division upon request. 18. If an environmental document is required under the National or State Environmental Policy Act (NEPA orSEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 19. In the twenty (f0}coastatcounties, the appropriate DWQ Regional Office musf tie cOrtacfed to determine if Coastal Stormwater Regulations will be required. 20. This.General .Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 21. 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, then the Division may reevaluate and modify this General Water Quality Certification, 22. When written authorization Is required for use of this cert(fication, upon completion of all permitted impacts included within the approval and any subsequent modifications; the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NO, 27699-1650. 23. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Water Quality Certification No. 3900 a Water Quality Certification No. 3900 Certification in order to ensure compliance with all applicable water quality and effluent standards. 24. This certification grants permission to the director, an authorized representative of the Director, or DEN staff, upon the presentation of proper credentials, to enter the property during normal business hours. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality, Including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Effective date: March 19, 2012 DIVISION OF WATER QUALITY By Charles Waklld, P.E. Director History Note: Water Quality Certification (WQC) Number 3900 issued March 19, 20f2 replaces WQC Number 3641 and 3642 issued March 19, 2007, WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February 11, 1997; and WQC Number 3025 issued September 6, 1995. This General Certification is rescinded when the Corps of Engineers reauthorizes any of the corresponding Nationwide and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Quality, Water Quality Certification No. 3900 7 v . 4 Bodnar, Gregg From: Huggett, Doug Sent: Sunday, April 02, 2017 10:34 AM To: Bodnar, Gregg Subject: FW: CAMA GP 291/SAW-1989-00300/rriple ESS marina Attachments: GoogleEarth_Image jpg; Triple ESS Bioreport.pdf, Triple ESS disposal area.pdf; Triple ESS plans.pdf; SAW-1989-00300 Triple ESS ePN-signed.pdf -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Friday, March 31, 2017 11:03 AM To: Huggett, Doug <doug.huggett@ncdenr.gov>; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Owens, Jennifer L CIV USARMY CESAW (US) <Jennifer.L.Owens@usace.army.mil>; scott.d.mcaloon <scott.d.mcaloon@uscg.mil>; ken.riley@noaa.gov; HORTON, J TODD CIV USARMY CESAW (US) <James.T.Horton@usace.army.mil>; Arnette, Justin R CIV USARMY CESAW (US) <Justin.R.Arnette@usace.army.mil>; DCR - Environmental —Review <Environmental.Review@ncdcr.gov>; Bowers, Todd <bowers.todd@epa.gov>; Ethan.J.Coble@uscg.mil; Mairs, Robb L <robb.mairs@ncdenr.gov>; Styron, Heather M. <heather.m.styron@ncdenr.gov>; Eunice.A.lames<Eunice.A.James@uscg.mil> Cc: Crumbley, Tyler A CIV USARMY CESAW (US)<TYLER.A.Crumbley@usace.army.mil>; Charles, Thomas P CIV USARMY CESAW (US) <thomas.p.charles@usace.army.mil> Subject: CAMA GP 291/SAW-1989-00300/Tripie ESS marina All: Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and Bio Report for the subject project. The attached notice requests federal agency comments on this project by April 28, 2017. The applicant proposes to perform maintenance excavation within waters of Bogue Sound, to the north of the Triple ESS Marina, in Atlantic Beach, Carteret County, NC. Historically, the channel was originally authorized in 1989 and has been maintained over the years, with the most recent dredging event approximately 4 years ago (2013). Maintenance dredging via bucket and barge is proposed within the 2,600 foot long by 80-foot channel. Water depths would increase from an average of -4.4 feet NLW to -6.0 feet NLW. According to calculations based on the average water depths within the project area, approximately 20,000 cubic yards of material is proposed to be removed from the channel and marina basin. Dredged material will be transported by truck to the 1400 West Fort Macon Road (known as the Town of Atlantic Beach Water Tower site (map attached). Please see the attached application, bio report, and kmz file for project details. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but not likely adversely affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to temporary nature of sedimentation impacts, but the change in habitat and use of the shallow bottom habitat will be permanent. The waters within the project area are NOT designated as PNA, are classified as SA-HC!W and are open to shell fishing (within Bogue Sound, not within the marina basin). SAV is not present and there are currently no shellfish resources within the project area footprint. Average water depth within the dredge project area is - 4.4 feet NLW. T . , ESA: 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. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. The use of Manatee Guidelines may be required as a permit condition. 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 me if you have any questions. Please provide comments as soon as you can or by April 28, 2017. Liz Hair Project Manager USACE-Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 910-251-4049 Sarah.e.hair@usace.army.mil Bodnar, Gregg From: Hair, Sarah E CN CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> sent: Tuesday, May 02, 2017 12:04 PM To: Bodnar, Gregg Subject: RE: CAMA GP 291/SAW-1989-00300/rriple ESS marina Gregg, Below are the draft conditions for the Triple ESS project: 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. J2. 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. 3. 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. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time 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. 5. 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. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality 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. 7. 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. 8. 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 conditions, shall be available at the project site during construction and maintenance of this project. 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. 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). 10. 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. 11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or 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. Hard copy will go to Doug. Thanks, Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, May 01, 2017 4:06 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: CAMA GP 291/SAW-1989-00300/Triple ESS marina Great thanks! Gregg -----Original Message ----- From: Hair, Sarah E CIV CESAW CESAD (US)[mailto:Sarah.E.Hair@usace.army.mil] Sent: Monday, May 01, 2017 4:01 PM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Subject: RE: CAMA GP 291/SAW-1989-00300/Triple ESS marina Hey -I'm still waiting on comments from USFWS. Since the Public notice closed on Friday, I'm guessing they will come in the next couple of days. I'll let you know as soon as I see them. I'm thinking our standard GP 291 conditions and the Manatee Guidelines will apply ... I'll try to have our recommendations to you before the end of the week (at least in draft form)... -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, April 03, 2017 1:55 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [Non-DoD Source] RE: CAMA GP 291/SAW-1989-00300/Triple ESS marina Coastal Management ENVIRONMENTAL QUALITY February 20, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director fWW4"� OnI#Mix David Harris NC DOT, State Construction/Materials Branch Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Town of Atlantic Beach Carteret County, Triple ESS Channel (Triple S), Atlantic Beach. Proposes maintenance excavation of the existing Triple ESS channel. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 12, 2017. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 :M"hv:t, DATE 4-2O-I Rgr-FIVED MAY 0 4 Z017 State of North Carokna I Environmental QualNy I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead CBy. NC 28557 a� D CITY 2528082808 DCM- M Vi DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS fib DARLINGTON AVENUE \\ WILMINGTON, NORTH CAROLINA 28403.1343 May 3, 2017 Regulatory Division Action ID No. SAW-1989-00300 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Marc Schulze of the Town of Atlantic Beach to conduct maintenance dredging within the access channel for the Triple ESS Marina site. This project is located in Bogue Sound, in Atlantic Beach, Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.7046 N and-76.7110 W. The applicant proposes to perform maintenance excavation within waters of Bogue Sound, to the north of the Triple ESS Marina, in Atlantic Beach, Carteret County, NC. Historically, the channel was originally authorized in 1989 and has been maintained over the years, with the most recent dredging event approximately 4 years ago (2013). Maintenance dredging via bucket and barge is proposed within the 2,600 foot long by 80-foot channel. Water depths would increase from an average of -4.4 feet NLW to -6.0 feet NLW. According to calculations based on the average water depths within the project area, approximately 20,000 cubic yards of material is proposed to be removed from the channel and marina basin. Dredged material will be transported by truck to the 1400 West Fort Macon Road (known as the Town of Atlantic Beach Water Tower site. 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 State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus mantas, 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 hgp://www.fw.5.gov/nc-Wmammal/manatee ¢uidelines.Rdf. Jr -2- 2. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a pant of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 3. 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, 4. 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. 5. 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. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality 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. 7. 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. 8. 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 conditions, shall be available at the project site during construction and maintenance of this project. A -3- 9. The petmittee 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). 10. 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. 11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or 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. Sincerely, clv�k Liz Hair, Project Manager Wilmington Regulatory Field Office -4- Electronic copy furnished: Mr. Gregg Bodner, NC DEQ-DCM Mr. Rob Mairs, NC DEQ-DWR Ms. Heather Styron, NC DEQ-DCM Dr. Ken Riley, NMFS-HCD Ms. Kathy Matthews, USFWS Ms. Karen Higgins, NC DEQ-DWR Mr. Pete Benjamin, US FWS Mr. Pace Wilber, NOAA/NMFS Mr. Todd Bowers, US EPA Mr. Scott McAloon, USCG- Sector NC Waterways Management DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 May 3, 2017 Regulatory Division Action ID No. SAW-1989-00300 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Mr. Marc Schulze of the Town of Atlantic Beach to conduct maintenance dredging within the access channel for the Triple ESS Marina site. This project is located in Bogue Sound, in Atlantic Beach, Carteret County, North Carolina. Coordinates in Decimal Degrees are: 34.7046 N and-76.7110 W. The applicant proposes to perform maintenance excavation within waters of Bogue Sound, to the north of the Triple ESS Marina, in Atlantic Beach, Carteret County, NC. Historically, the channel was originally authorized in 1989 and has been maintained over the years, with the most recent dredging event approximately 4 years ago (2013). Maintenance dredging via bucket and barge is proposed within the 2,600 foot long by 80-foot channel. Water depths would increase from an average of -4.4 feet NLW to -6.0 feet NLW. According to calculations based on the average water depths within the project area, approximately 20,000 cubic yards of material is proposed to be removed from the channel and marina basin. Dredged material will be transported by truck to the 1400 West Fort Macon Road (known as the Town of Atlantic Beach Water Tower site. 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 State authorization: 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.eov/nc-es/mammal/manatee euidelines.odf. RECEIVED MAY 0 S 2017 DCM- MHD CITY -2- 2. 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. 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. 4. 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. 5. 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. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality 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. 7. 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. 8. 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 conditions, shall be available at the project site during construction and maintenance of this project. RECEIVED MAY 0 8 2017 DCM- MHD CITY -3- 9. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. 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). 10. 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. 11. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 12. Violations of these conditions or violations of Section 404 of the Clean Water Act or 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 pernuttee's discovery of the violation. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Division, telephone (910) 251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office RECEIVED MAY 0 S 2017 DCM- MHD CITY 10 Electronic copy furnished: Mr. Gregg Bodner, NC DEQ-DCM Mr. Rob Mairs, NC DEQ-DWR Ms. Heather Styron, NC DEQ-DCM Dr. Ken Riley, NMFS-HCD Ms. Kathy Matthews, USFWS Ms. Karen Higgins, NC DEQ-DWR Mr. Pete Benjamin, US FWS Mr. Pace Wilber, NOAA/NMFS Mr. Todd Bowers, US EPA Mr. Scott McAloon, USCG- Sector NC Waterways Management (RECEIVED MAY 0 8 2017 DCM- MHD CITY DIVISION OF COASTAL MANAGEMENT - FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Atlantic Beach, Triple ESS channel (Triple S), Atlantic Beach 2. LOCATION OF PROJECT SITE: Within Bogue Sound and adjacent to the Triple ESS Marina, Atlantic Beach, Carteret County Photo Index - 2006: 40-8088 grids: A-M (17&18) State Plane Coordinates - Longitude: 76°42'39.71 Latitude: 34°42' 16.85 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —2/7/17 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received- 1/9/2017 Application complete-2/2/2017 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Atlantic Beach dated 7/24/2008 Land Classification from LUP — Mobile Home Park/Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public/Government (E) Wastewater Treatment: Existing — onsite septic systems Planned — None (F) Type of Structures: Existing — asphalt roads, docks, bulkhead, driveways, mobile homes, sheds Planned — maintenance excavation (G��-Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom (new 208,000 ftz N/A N/A excavation) (D) Total Area Disturbed: 208,000 ftz (E) Primary Nursery Area: No (F) Water Classification: SA, HQW PROJECT SUMMARY: Open: Yes (within Bogue Sound) No (within marina basin) The proposed project consists of the maintenance excavation of the existing Triple ESS channel. There was a previous permit issued in 1989 that authorized the excavation of an 80' x 2,600' channel. This area has been maintenance dredged through the years Triple ESS. Channel Field -Investigation Report: East Fort Macon Road Page 02 (yearly) via the general CAMA general permit, which was 1000 cubic yards or less. 9. Narrative Description The Town of Atlantic Beach Triple ESS channel project is located on the south side of Bogue Sound and the north side of the Triple ESS Marina, Atlantic Beach, Carteret County. The project area is found by turning off of Highway 70 East in Morehead City (Arendell Street) onto the on -ramp for Atlantic Beach. Follow the Atlantic Beach Causeway to the 4-way stop light and turn left onto East Fort Macon Road. Follow East Fort Macon Road for approximately 6,800' (1.29 miles). The entrance to the Triple ESS Marina will be on the left and directly across from Henderson Drive. The Triple ESS Channel starts at the mouth of the marina basin and extends to the north within Bogue Sound. The proposed development is a public/government project. There are residential properties to the east and west of the project area. The Town of Atlantic Beach's Land Use Plan classifies this project area as Mobile Home Park with all parts of the AEC classified Conservation. Bogue Sound is not designated as Primary Nursery Area and the channel connecting to Bogue Sound are open to the taking of shellfish with the marina basin closed. Bogue Sound carries a water classification of SA/HQW with water depths averaging -4.4' nlw and connecting water depths of -6' nlw plus. No shellfish or SAV - were observed within the project area. Substrate along this area of Bogue Sound is mostly sand and silt. 10. Project Description: The current proposal is to conduct maintenance excavation along the Triple ESS channel within Bogue Sound. There was a CAMA major permit (140-89) issued in 1989 to Triple ESS Partnership for the excavation of an 80' x 2600' channel. The current proposal would dredge the same channel footprint to a final depth of -6' nlw. It would begin at the mouth of the existing Triple ESS marina basin and extend 2,600 feet to the north (within Bogue Sound). The connecting water depths are -6' plus. The excavation would be conducted with a bucket to barge method. A total of 12,702.6 cubic yards of material would be removed below nhw. The spoils would be taken offsite to an existing disposal site located at the Town of Atlantic Beach Water Tower site (1400 West Fort Macon Road). This disposal site has been inspected by DCM, are outside of any wetland areas and appear to be functioning to retain the dredge spoils. Triple ESS Channel - Field Investigation Report: East Fort Macon Road Page 03 11. Anticipated Impacts: The maintenance excavation within Bogue Sound would temporarily disturb 208,000 ft2 of shallow sand and silt bottom habitat and remove 12,702 cubic yards of material from the system. The increases in suspended sediment and turbidity levels from the dredging will be temporary, occur while the dredging operation is taking place and should be minimal given the bottom composition. Maintenance excavation would occur as needed to maintain the operation of these areas as historically done through the general permit process. Name: Heather Styron Date: 2/20/17 Morehead City ' 'This is a word processing form to be completed in Microsoft Word' NC Division of Coastal Management Major Permit Application Computer Sheet (11/012012) Applicant: Town of Atlantic Beach Date: 218117 Project Site County Carteret Staff.: HMS District: ❑Elizabeth ®Morehead City El Washington City El Wilmington Project Name: Triple ESS channel excavation Rover File: N/A Date of initial application submittal (EX.., 1182007)i 119117 Date application 'received as complete" in the Field office (EX., 1/82007): 22117 Permit Authorization: ❑CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: []Yes ®No Photos Taken: Yes ❑ No❑ Setback Required (riparian): ❑Yes ®No Critical Habitat: ❑ Yes ®No ❑Not Sure 15 foot waiver obtained: ❑ Yes ®No Hazard Notification Returned: ❑Yes ®No SAV: ❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑Not Sure Temporary Impacts: ®Yes ❑No Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from countyLUP: ❑Yes ®No Mitigation Required (optional): ❑Yes ®No Moratorium Conditions: ®Yes ❑No ❑NA Environmental Assessment Done: ❑Yes ®No ❑NA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiftora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina memerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ 111(A) Private w/D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ® IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ 111(B) Public or commercial w/D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ 11. Public or commerciaUno dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or comet w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808.2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 02/15/10 jY# i ivision of Coastal Mgt. Application Computer Sheet, Page 3 of 3) Applicant Town of Atlantic Beach -----__Date: 218117_ Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow bottom Dredge ® Fill ❑ Both ❑ Other ❑ 208,000 208,000 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 ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill Both ❑' Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Bath ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 02/15110 ROY COOPER Coasfa7Management ENVIRONMENTAL QUALITY Town of Atlantic Beach C/o Stroud Engineering 151-A Hwy 24 Morehead City, NC 28557 Dear Sirs: (7rnemor -= - -- -- - - - -MIGHAEL S. REGAN- - Secremiy 1.3 W.1101111012 0 GRATA K Diwdo • 2/8/17 The INC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development at the Triple ESS channel in Atlantic Beach, Carteret County. The complete package was received on 2/2/17. The projected deadline for making a decision is 4/18/17. 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 2/2/17, 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-119(b) requires that Notice of an application be -posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincere y, Heather M. Styron Coastal Management Representative State of North Cuolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 A tv / . off - -'TT Ali III Styron, Heather M. From: Legals <legals@thenewstimes.com> Sent: Wednesday, February 08, 2017 1:25 PM To: Styron, Heather M. Subject: Re: Town of Atlantic Beach Triple ESS channel This ad is set and scheduled to run on February 12, 2017 in the amount of $ 44.99. Proof: NOTICE OF FILING OF APPUCATION FOR CAMP MAJOR DEVELOPMENT PERMIT The Departmental Ensimnmenlal Quality hereby goes publicrumoe as required by NCGS 113A-119(b) Net application for a development permit in an Area of Environmental Cancer as designated under Me CAMA was received on M17. According to the application, The Town of Ati Beach applied fore familiar maintenance excavation wiWn Me Triple ESS Cannel, Agantic Beach, Car a et County. A copy of Me chase application may be examined or copied at the once of Heather Stymn, NC Division of Coastal Management located at400 Commerce Avenue, Morehead City, NC, (252) 8062808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management 400 Commerce Avenue, Morehead City, N.C. 28557, prior M X4117, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit dedsbn. Project modification may occur based on review and comment by Me public and state and federal agencies. Notice of Me permit decision in this magerwill be provided upon written request F12 On Feb 8, 2017, at 11:09 AM, Styron, Heather M. wrote: Legal Advertisement Section 2/8/17 Re: Public Notice — Town of Atlantic Beach, Triple ESS channel, Atlantic Beach, Carteret County To Whom It May Concern: Please publish the attached Notice in the 2/12/17, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, INC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, gerd{ler/{,,Siymn Heather M. Styron Coastal Management Representative NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that application for a development permit in an Area of Environmental Concern as designated underthe CAMAwas received on 2/2/17. According to the application, The Town of Atlantic Beach applied for a permit for maintenance excavation within the Triple ESS channel, Atlantic Beach, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/4/17, 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 this matter will be provided upon written request. PUBLISHED ON: 2/12/17 Heather M. Styron Field Representative NC Divison of Coastal Managment NC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.styron(a)ncdenr.gov Email 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. Styron, Heather M. From: Styron, Heather M. Sent: Wednesday, February 08, 2017 11:10 AM To: 'legals@thenewstimes.com' Cc: Bennett, Ronda (ronda.bennett@ncdenr.gov) Subject: Town of Atlantic Beach Triple ESS channel Legal Advertisement Section 2/8/17 Re: Public Notice —Town of Atlantic Beach, Triple ESS channel, Atlantic Beach, Carteret County To Whom It May Concern: Please publish the attached Notice in the 2/12/17, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, +aAerk.-aron Heather M. Styron Coastal Management Representative NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 2/2/17. According to the application, The Town of Atlantic Beach applied for a permit for maintenance excavation within the Triple ESS channel, Atlantic Beach, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. 1 Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/4/17, 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 this matter will be provided upon written request. PUBLISHED ON: 2/12/17 Heather M. Styron Field Representative NC Divison of Coastal Managment NC Department of Environmental Quality 252 808 2808 ext.216 Office heather. m.stvronCcDncdenr.gov Email 400 Commerce Ave. Morehead City, NC 28557 a-3 ---:>^Nothing w I Ilk" f-I Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 2 ................ Judy Allred Legal Assistant — Carteret County News -Times 4206 Bridges Street I Morehead City, NC 28557 Phone:252-726-7081 ext. 207 Fax: 252-726-2653 LeoalSCcDTheNewsTImes.com — www.CarolinaCoastOnline.com ROY COOPER fiuvernnr MICHAEL S. REGAN BRAXTON DAVIS Coastal Management ENVIRONMENTAL QUALITY Dirttxlor Legal Advertisement Section 2/8/17 Re: Public Notice —Town of Atlantic Beach, Triple ESS channel, Atlantic Beach, Carteret County To Whom It May Concern: Please publish the attached Notice in the 2/12/17, issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, INC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, flea6$er&-c4m Heather M. Styron -- Coastal Management Representative HMS Enclosure State of Noah Carolina I Envimnmental Quality I Comial Management 400 Commerce Ave I Momhead City, NC 28557 252 808 2808 NOTICE OF FILING OF A PPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on 2/2/17. According to the application, The Town of Atlantic Beach applied for a permit for maintenance excavation within the Triple ESS channel, Atlantic Beach, Carteret County. A copy of the entire application may be examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 3/4/17, 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 this matter will be provided upon written request. PUBLISHED ON: 2/12/17 State of North Carolina � Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 U.S. POSTAGE SO ,a0 CITY, NC 7014 0150 0000 4788 3020 �¢ 27e93 uAAMOUNi RZ$7 36 STROUD ENGINEERING, P.A. I Hestron Plaza Two 151-A Hwy. 24 Morehead City, NC 28557 Asbu�' beach RoA . �3 3 a�v�kS tClrc. �✓� �� �nt,Ir NI�CTR s�a9�aase-ix �s./zs/�� RRTVRN TO gRNri]�R J""TiD TO SORTRARD STx9►TQ @ZONX19D RRTtTUR RN T .__. • Ilhdlfldllrlup�lllhlldllllllt #/�PLET l6THIS SECTION Irll,NDELIVERY j Q ■ Complete items 1, 2, and 3. Also complete A. Signature (-� item 4 if Restricted Delivery is desired. ❑ Agent X = T ■ Print your name and address on the reverse ❑ Addressee m' 1 1 so that we can return the card to you. B. Received by (Printed Name) C. Date of Delivery W Is Attach this card to the back of the mailpiece, p p rT1 or on the front if space permits. D. Is delivery address different from Item 17 ❑ Yes 1., Article Addressed to: �• p N If YES, enter delivery address below: No m o AsbuY9 -teach 1+ol� 93-3 3vook S1C1A � a. �`Sej�''Ice Type L�Certifled MaV ❑ Priority Mail Egress- 1 ❑ Registered ❑ Return Receipt for Merchandise 1N,1Sdr1, NL 2�8 3 ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front if space permits. 1. Article Addressed to: . Mv.-'btaj\d %dqe_ A. ❑ Agent ❑ Addre B. Received by (Pdnted Name) D. Is delivery address different from Rom I-9 ❑ Yes if YES, enter delivery address below: PfNo L.N-A 33 3. S rvice Type I -9 Certified MaiN ❑ Priority Mail Pxpress" C [3nsuulstered 13 Return Recelt for red Mail ❑ Collect on DeliMerchandise very 4. Restricted Deflvery? (Extra Fee) Cl Yes 2. Article Number 7014 0150 OOOQ 4788 3013 (rransfer from service law_ I Ps Form 3811, July 2013 Domestic Return Receipt _ ) m � � � o m ° � m v � TO STROUD ENGINEERING, P.A. Hestron Plaza Two 151A Hwy. 24 Morehead City, NC 28557 (252) 247.7479 40 UVev, t,'iy t.-e 0\1'(, N c WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter $ Attached ❑ Under separate cover via [URWVF5 n W VMfin ,@W0U4G1d following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change order ❑ DESCRIPTION • 1 M.• i W1 V • THESE ARE TRANSMITTED as checked below: .P For approval ❑ For your use ❑ As requested REMARKS ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US CEIVE.p DCM_ MHD CIT COPY TO SIGNED: M enclosures ere not as noted, kindly notify us at once. Postal MAILT. RECEIPT (DomesticCERTIFIED o m ATLAN7IC i BEACH iC M12 CO to PAS EAU 0557 13 C;T p Certified Fee p p Return eiFee (Endorsementnt Required) $I,1 ('• tma�rk H p 00 p Restricted Delivery Fee (Endorsement Required) ' O (j tiQ17 9 I/ Ln $1. �O Total Postage & Fees ,Q L/I If �Y �✓( Q3 WJ S Sent a mr: - " ---"-------------- p :3 oiiPOBcsrido:: a� or POBOT Nc. - 2E y1 Postal TIFIED MAILM, RECEIPT C3 I p m ra WIL!QNe..NG.27 i4 2 S p Cartllled Fee so: ,. C! 13 p 0 Return Receipt Fee (Endorsement Required) su • Po mark a H p t.r) Restricted Delivery Fee (Endorsement Required) �® 1� r"' p Total Postage & es (' V o M1 Sent To Ubiuf�r �y ------- MPOB=Afa. 017 ,. L RECEIVED JAN 0 9 2017 DCM- MHD CIT 8000'W 7800'W 76°0'W z 0 cn 0 °v Bogue Sound 0 76°44'W 76`43'W 76042'W Triple Ess Channel 0 8000'W 7800'W 7600'W Bogue Sound G 0 76°44'W 76°43'W 76°42'W d Triple Ess Channel 4 0 3 APPLICATION for -� Malor Development Permft (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Atlantic Beach Project N e (if applicable) Triple iredging Project Applicant 1: First Name Marc MI Last Name Schulze Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box I City State Town of Atlantic Beach 10 tlantic Beach NC ZIP Country Phone No. FAX No. 28512 USA 252-726-2121 252-726-5115 Street Address (ddtrent from above) City State I ZIP Email 2. Agent/Contractor ormation Business Name Stroud Engineering Agent/ Contractor 1: First Name MI Last Name Jerry Munday Agent/ Contractor 2: First Name I Last Name Ron Cullipher Mailing Address PO Box City State 151-A HWY 24 Morehead Citry NC ZIP Phone o. 1 Phone No. 2 28557 252 - 247 - 7479 ext. ext. FAX No. Contractor # 252 247 4098 Street Address (d different from above) City State ZIP Email amunday@stroudengineer.com <Form continues on back> -- V e LUlf ;M- MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.net Form QCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret N/A N/A Subdivision Name City State Zip N/A Atlantic Beach NC 28512 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 726 - 2121 ext. N/A, I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound 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 Bogue Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes []No work falls within. Town of Atlantic Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A N/A c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) N/A ❑NHW or ❑NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract N/A g. Identify and describe the existing land uses adiacent to the proposed project site. N/A In. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? N/A (Attach zoning compliance certificate, if applicable) ❑Yes ❑No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No ®NA If yes, by whom? I. 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? Rr_ r—IVCI.J <Form continues on next page> JAN 0 9 2017 252-808-2808 :: 1-888-4RCOAST :: www. nccoastal management. net Form QCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? []Yes ®No (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. To provide 6.0' of draft from the MLLW (Mean Lower Low Water) in Bogue Sound to Triple ESS Marina c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A backhoe excavator on a dredge anchored in Bogue Sound when not in use d. List all development activities you propose. Excavate an area 80 ' wide by 2600' long and 6.0' below the MLLW (Mean Lower Low Water) in Bogue Sound as shown on the attached channel plan. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? N/A ❑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? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stonnwater 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 j. Is there any mitigation proposed? []Yes []No ®NA If yes, attach a mitigation proposal. <Form continues on back> DECEIVED JAN 0 9 2017 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net 3M- MHD C!T Form QCM 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 to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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 David S. Sledge Phone No. (252)-726-2324 Address PO Box 33, Atlantic Beach, NC 28512 Name Asbury Beach Homeowners Association Phone No. Address 933 Brookside Drive NW, Wilson NC 27893 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State permit issured to Triple ESS Partnership on 7/5/89. Permit Munber 140-89 h. 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. 7. Certification and Permission to Enter on Land 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 1 further certify that the information provided in this application is truthful to the best of my knowledge. Date ��7 Print Name —Marc Schu}ze ublic Works Director)_ Signature JJ°°Qp``// Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information JAN 0 9 2017 DCM- MHD CITY 252-808-2808 :: 1.888-4RCOAST :: www. nccoasta lma nagement. net UCM MP-1 APPLICATION for Maier Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town Of Atlantic Beach Triple ESS Dredging Project Applicant 1: First Name Marc MI Last Name Schulze Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address Town of Atlantic Beach PO Box 10 City Atlantic Beach State NC ZIP 28512 Country USA Phone No. 252-726-2121 ext. FAX No. 252-726-5115 Street Address (d different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Stroud Engineering Agent/ Contractor 1: First Name MI Last Name Jerry A Munday Agent/ Contractor 2: First Name MI Last Name Ron Cullipher Mailing Address PO Box City State 151-A HWY 24 Morehead Citry NC ZIP Phone No. 1 Phone No. 2 28557 252 - 247 - 7479 ext. ext, FAX No. Contractor # 252 247 4098 Street Address (if different from above) City State ZIP Email RECEIVED amunday@stroudengineer.com <Form continues on back> JAN 0 9 2017 �M- MHD CITY 252-808-2808 :: 1-888.4RC®AST :: www.nccoastalmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Carteret N/A WA Subdivision Name City State Zip N/A Atlantic Beach NC 28512 - Phone No. Lot No.(s) (if many, attach additional page with list) 252 - 726 - 2121 ext. N/A, I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Bogue Sound 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 Bogue Sound e. is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes ❑No work falls within. Town of Atlantic Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) N/A N/A c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or N/A, I NWL (normal water level) (If many lot sizes, please attach additional page with a list) N/A ❑NHWor ❑NWL e. Vegetation on tract N/A f. Man-made features and uses now on tract N/A g. Identify and describe the existing land uses a 'acent to the proposed project site. N/A h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? NIA (Attach zoning compliance certificate, If applicable) []Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does @ involve a ❑Yes []No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED JAN 0 9 2017 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.ne ' Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? []Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (it) 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. N/A 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑PublicIGovemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. To provide 6.0' of draft from the MLLW (Mean Lower Low Water) in Bogue Sound to Triple ESS Marina c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. A backhoe excavator on a dredge anchored in Bogue Sound when not in use d. List all development activities you propose. Excavate an area 80' wide by 2600' long and 6.0' below the MLLW (Mean Lower Low Water) in Bogue Sound as shown on the attached channel plan. e. Are the proposed activities maintenance of an existing project, new work, or both? New Work f. What is the approximate total disturbed land area resulting from the proposed project? WA ❑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 oft h. Describe location and type of existing and proposed discharges to waters of the state. N/A 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 j. Is there any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. <Form continues on back> JAN 0 9 2017 -- r ;M- MHD CIT 252.808-2808 :: 1-888-4RC®AST :: www.nccoastaimanagement.net ' 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 to be complete. Items (a) — (Q are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name David S. Sledge Phone No. (252)-726-2324 Address PO Box 33, Atlantic Beach, NC 28512 Name Asbury Beach Homeowners Association Phone No. Address 933 Brookside Drive NW, Wilson NC 27893 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. State permit issured to Triple ESS Partnership on 7/5/89. Permit Munber 140-89 h. Signed consultant or agent authorization forth, 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. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 1/b1)7 Print Name —Marc Schujza ublic Works Director)_ Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and CulvertRECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information JAN 0 9 2017 CM- MHD CIT 2 5 2 - 8 0 8 - 2 8 0 8 :: 1.888-4 RCOAST :: w w w. n c c o a s t a l m a n a g e m e n t. n et ., 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 Length 2600' Width 80, Avg. Existing 4.4 NA NA Depth Final Project 6.0 NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. Sand 12,702.6 CY c. (i) 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 ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: N/A d. High -ground excavation in cubic yards. N/A 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Adjacent to the new municipal building site at the water tank just west of Atlantic Station Shopping Center off of Fort Macon Blvd 320' x 360' area. c. (1) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA ❑Yes []No RNA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL RNone (ii) Describe the purpose of disposal in these areas: f. (i) Does the disposal include any area in the water? ❑Yes RNo ❑NA (ii) If yes, how much water area is affected? JAN 0 9 2017 DCM- MHD CIT 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Pbrm bCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®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: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other i. Source of fill material. Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. It. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No El NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill suomergeo aquatic vegetation tbAv/, snen oonom tsel, or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? N/A Backhoe excavator on dredge c. (i) Will navigational aids be required as a result of the project? ❑Yes []No ®NA (ii) If yes, explain what type and how they will be implemented. Date Triple ESS Dredging Project Project Name d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes []No ®NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Marc Schulze (Public Works Director) Applicant Name RECEIVED Applicant Signature JAN 0 9 2017 y,M- MHD CITY 252-808.2808 :: 1-888-4RC0AST :: www.nccoastalmanaaement.net revised: 12/26/06 F 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 (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL stabilization Length 2600' Width 80' Avg. Existing Depth 4.4 NA NA Final Project Depth 0 NA NA 1. EXCAVATION a. Amount of material to be excavated from below NHW or NAIL in cubic yards. 12,702.6 CY c. (i) Does the area to be excavated include coastal wetlandsrmarsh (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 (ii) Describe the purpose of the excavation in these areas: N/A 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. Adjacent to the new municipal building site at the water tank just west of Atlantic Station Shopping Center off of Fort Macon Blvd c. (i) Do you claim title to disposal area? ®Yes []No ❑NA (ii) If no, attach a letter granting permission from the owner ❑This section not applicable Type of material to be excavated. Sand d. High -ground excavation in cubic yards. N/A area. 320' x 360' El This section not applicable d. (i) Will a disposal area be available for future maintenance? ❑Yes []No ®NA III) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (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 OWL ®None III) Describe the purpose of disposal in these areas: (i) Does the disposal include any area in the water? []Yes ®No ❑NA III) If yes, how much water area is affected? JAN 0 9 2017 DCM- MHD CITY 252.808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/26/06 F ; Farm DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ®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: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other _ i. Source of fill material. Width: _ d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes [--]No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be Dlaced in coastal wetlands/marsh (CW). If yes, (it) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? N/A C. (i) Will navi ational aids be required as a result of the project? ❑Yes No ®NA (ii) If yes, explain what type and how they will be implemented. Date Triple ESS Dredging Project Project Name 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 OWL ❑None (ii) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe excavator on dredge d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes []No ®NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. Marc Schulze (Public Works Director) Applicant Name �j„x,� RECEIVED Applicant Signature " JAN U 9 2017 OM- MHD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 12/26/06 STROUD ENGINEERING, P.A. Hestron Plaza Two 151A Hwy. 24 Morehead City, INC 28557 (252) 247.7479 1 . TO 00 ;� 5I r,.' qk ct,' / ICI I'A yI-0.u(�P•i..• WE ARE SENDING YOU 1 Attached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Copy of letter ❑ Change order ❑ Plans L L MU711n OCP CTQ&Gfl@WUVVLRJL DATE c?2 02 17 JOB NO. ATTENTION t' E: F -S �r the following items: ❑ Samples ❑ Specifications DESCRIPTION ��� ► ► , ■ -_ THESE ARE TRANSMITTED as checked below: IFor approval ❑ For your use ❑ As requested ❑ Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ For review and comment ❑ ❑ FORBIDS DUE REMARKS C ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US N1e „.•- COPY TO D SIGNED: 1 /f enclosures are not as noted, kindly notHy us at once. 1 > 1 � � � ._. � r �. _ r: -�