Loading...
HomeMy WebLinkAbout59-17 Town of Southern ShoresPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 59-17 Issued to Town of Southern Shores, 5375 N. Virginia Dare Trail, Southern Shores, NC 27949 Authorizing development in Dare County at At. Ocean, from Southern Shores/Kitty Hawk town line to 44 Ocean Blvd. Southern Shores, as requested in the permittee's application dated 3/7/17, including attached workplan drawings (6) all dated 1/27/17, & attached Ocean Hazard AEC Notice dated 2/27/17. This permit, issued on May 11, 2017 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) Unless specifically altered herein, all excavation activities shall take place entirely within the areas indicated on attached sheets No. 3 of 6 (Plan View), and 5 of 6 (Borrow Area A Plan View) and in accordance with the attached narrative dated received at DCM Morehead City 3/27/17. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. 1. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. -9c-'-L�� /Z-x Braxton .' avis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee ........................ of Southern Shores / Permit No. 59-17 Page 2 of 5 ADDITIONAL CONDITIONS Beach Nourishment This permit authorizes beach nourishment activities to be carried out one (1) time along the entire reach of the requested project area. Any request to carry out additional activities within an area where nourishment activities have been completed under this permit shall require a modification of this permit. Prior to any nourishment activities occurring between April 1 and October 31 of any year Division of Marine Fisheries Shellfish Sanitation Section shall be notified so that any necessary swimming advisories may be posted. Prior to initiation of beach nourishment activity along each section of beach, the existing mean high Water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management. E:. The permittee is advised that the State of North Carolina claims title to all currently submerged lands and any future lands that are raised above the mean high water level as a result of this project. to the initiation of beach nourishment activity on a specific property, easements or similar legal ments shall be obtained from the impacted property owner(s). ' Prior to the initiation of any beach nourishment activity, the pern ittee shall coordinate with the Division `of Coastal Management to determine the static vegetation line that shall be used as the reference point for measuring future oceanfront setbacks. The static vegetation line, which is defined as the vegetation ,"line that existed within one year prior to the onset of initial project construction, shall be established using on -ground observation and survey or aerial imagery. This static vegetation line shall then be 'marked and a survey depicting this static vegetation line shall be submitted to the Division of Coastal anagement prior to any beach nourishment activities. The seaward nourishment limit shall be conducted in accordance with the attached work plats labeled "Beach Fill Profiles", figure 4 of 6 dated 1/27/17. Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with =,approved profiles upon completion of pumping activities in that particular section of beach. ;.'Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312 i"{Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and `contact the NCDCM. Dredge operations shall resume after resolution of the issue of sand compatibility. The permittee is advised that the deposition of sediment and shell material with a diameter greater than or equal to three inches is considered incompatible if it has been placed on the beach during the beach fill project, is observed between mean low water and the frontal dune toe, and is in excess of twice the background value of material of the same size as identified in the reference area described on page 5-6 of the Southern Shores Beach Nourishment Compatibility Analysis. Town of Southern Shores ADDITIONAL CONDITIONS Permit No. 59-17 Page 3 of 5 10) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs cannot be made immediately, pumping of material shall stop until such leaks are fixed. 11) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 12) Land -based equipment necessary for beach nourishment work shall be brought to the site through existing accesses. Should the work result in any damage to existing accesses, the accesses shall be restored to pre -project conditions immediately upon project completion in that specific area NOTE: The permittee is advised that any new access site would require a modification of this permit. 13) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. 14) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with the Division of Coastal Management as well as the appropriate property owner(s). All disturbed areas shall be restored to original contours and configuration with reference to the surveyed normal high water line and shall be revegated immediately following project completion in that specific area., Mitigation and Monitoring 15) In order to ensure protection of sea turtles, the permittee shall implement the following survey activities throughout the entire project area from May 1 through November 15 for the duration of the authorized project; a) In each case of observation of sea turtles (nesting females, hatchlings or eggs), designated local personnel shall immediately be notified; b) If a sea turtle is observed in the project area during the project, all work shall immediately be stopped within 500 ft. of the turtle. If the turtle successfully places a clutch of eggs on the beach, work in the area shall not resume until the eggs can be relocated to a safe area. If the turtle returns to the water without nesting, work may resume in the affected area; c) If recently emerged hatchlings from an unmarked nest are observed, all work shall immediately stop within 100 feet of the hatchlings, and all artificial lighting shall be extinguished within 500 feet of the hatchling to facilitate seafmding behavior of the hatchlings. Work shall not resume within 100 feet of the emerged nest until authorized sea turtle volunteers can excavate the nest and release any remaining hatchlings into the ocean; d) Nests located in areas where beach nourishment material is to be placed prior to nest hatching shall be relocated to typical nesting habitat on the beach outside of the project area. Nesting surveys and egg relocations shall be conducted only by Wildlife Resources Commission permitted personnel with prior experience and training. Only nests that will be affected by construction activities may be moved; Town of Southern Shores Permit No. 59-17 Page 4 of 5 ADDIITIONAL CONDITIONS e) If any nests or eggs are discovered during the project, all project activity shall immediately cease within 50 feet of the location of the eggs or nest. Work in the affected area shall only resume after receiving permission from Wildlife Resources Commission staff; f) During beach nourishment activities, daily monitoring shall be conducted to determine if escarpments have formed. Any escarpments greater than 18 inches that are present between May 1 and August 30 shall be leveled. Monitoring outside the sea turtle nesting season shall be done at least once every two weeks. Leveling activities shall be coordinated with the Wildlife Resources Commission prior to implementation. The permittee shall implement the escarpment monitoring and associated leveling for three years post construction; g) During the sea turtle season (May 1 through November 15), efforts shall be made to, minimize impacts to sea turtle access to the beach to the maximum extent possible by storing equipment and materials off of the beach, perpendicular to the beach, or at the landward most area of the beach that does not compromise dune integrity; h) During the sea turtle season (May 1 through November 15), nighttime lighting associated with nourishment activities shall be minimized. Lighting shall be limited to the immediate construction area and shall be minimized through reduction, shielding, lowering, and appropriate placement to avoid excess illumination of the water surface and nesting beach. Cultural Resource Protection 16) 'Me project site is located in an area having a high probability of containing cultural resources, such as shipwreck remains. The permittee shall exercise all precautions to avoid damage to any potential historic structures or shipwrecks. If such materials are encountered, the permittee shall immediately stop work and notify the N.C. Division of Coastal Management at (252) 264-3901. 17) In order to satisfy concerns with the North Carolina Department of Natural and Cultural Resources, and to protect the anomaly clusters identified in the report prepared by Tidewater Atlantic Research entitled "A Phase I Remote Sensing Archaeological Survey of Two Proposed Borrow Areas Offshore of Dare County, North Carolina", there shall be a buffer zone around each of the nineteen identified anomaly clusters as indicated in the attached workplan drawing (5 of 6). No excavation activities shall take place with these buffer areas without permit modification. General 18) 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. 19) The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management and the Wildlife Resources Commission prior to the initiation of any dredging or mobilization activities. of Southern Shores Permit No. 59-17 Page 5 of 5 ADDITIONAL CONDITIONS The permitte shall obtain any necessary authorizations or approvals from the US Army Corps of Engineers prior to initiation of any permitted activity. All conditions of the Federal approval shall be adhered to. permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals aulic fluids, etc., necessary to cant' out the project. The N.C. Division of Water Resources has authorized the proposed project under Certification No. 4037 (DWR Project No. 15-0460 V2), which was issued on 4/11/17. Any violation of the Water Quality Certification shall also be considered a violation of this CAMA Permit. sand shall be placed on any sand bags that have been determined by the Division of Coastal aagement to be subject to removal under 15A NCAC .0308(a)(2). In order to ensure compliance with condition, the Division of Coastal Management shall be contacted at (252) 264-3901 prior to project iation so that Division staff may meet on site with the permittee and/or contractor. The permittee is advised that the Division of Coastal Management shall regulate the removal of existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308 (a)(2)(F), or in accordance with any variances granted by the N.C. Coastal Resources Commission. This permit does not authorize any permanent or long-term interference with the public's right of access and/or usage of all State lands and waters. The permittee shall make every effort possible to minimize any negative impacts of trucks and construction equipment on roadway and pedestrian traffic. The pemrittee should also ensure that the "ability of individuals to access and enjoy the beach is not impeded outside of the construction limits. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Future nourishment activities may require a modification of this permit. The permittee shall contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for the determination. The permittee is encouraged to make its contractors aware of existing utilities during ingress and egress of the site to avoid damage to the utilities. Please contact the Dare County Water Department to confirm the location of utilities in the area. A permit 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. TOWN OF SOUTHERN SHORES SHORE PROTECTION PROJECT NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT MAJOR PERMIT APPLICATION Prepared for: The Town of Southern Shores Prepared by: Coastal Planning & Engineering of North Carolina, Inc. 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Submitted to: North Carolina Department of Environment and Natural Resources Division of Coastal Management Elizabeth City Regional Office March 7,20I7 RECEIVED MAR 2 7 2017 DCM- MHD CITY Town of Southern Shores Shore Protection Project NCDCM Major Permit Application Contents 1 FORMS.............................................................................................................................................. 1 1.1 Form DCM MP-1........................................................................................................................ 1 1.2 Form DCM MP-2........................................................................................................................ 5 1.3 Form DCM MP-3........................................................................................................................ 8 2 Supplemental Information, per Forms DCM MP-1 and DCM MP-2....................................... 10 2.1 Per Form MP-1, Section 6a: Project Narrative................................................................... 10 2.1.1 Project Scoping and History ........................................................................................... 10 2.1.2 Proposed Action............................................................................................................... 11 2.1.3 Construction Schedule.................................................................................................... 12 2.1.4 Borrow Areas and Sediment Analysis.......................................................................... 12 2.2 Per Form MP-1, Section 6d: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties ............................ 15 2.3 Per From MP-2, Section 6f: Adjacent Riparian Owner Return Receipts ........................ 15 2.4 Per Form MP-1, Section 6h: Agent Authorization Form .................................................... 17 2.5 Per Form MP-1, Section 6j: Ocean Hazard AEC Notice for Kitty Hawk ......................... 18 Appendices Appendix A: Work Plans Appendix B: Professional Archaeological Assessment Appendix C: Geotechnical Report Appendix D: Survey Report Appendix E: Letters of Permission for Construction Access Points and Staging Area RECEIVED MAR 27 2017 DCM- IVHD CITY COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Form DCM MP-1 Application for Major Permit Development 1 FORMS 1.1 Form DCM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Town of Southern Shores Southern Shores Shoreline Protection Project Applicant 1: First Name MI Last Name Tom Bennett (Mayor of Southern Shores) Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 5375 N. Virginia Dare Trail Southern Shores NC ZIP Country Phone No. FAX No. 27949 USA 252 — 261-2394 ext. 252 — 255-0876 Street Address (if different from above) City State ZIP Email tbennett@southernshores-nc.gov 2. Agent/Contractor Information Business Name Coastal Planning & Enigineering of North Carolina, Inc. Agent/ Contractor 1: First Name MI Last Name Kenneth n/a Willson Agent/ Contractor 2: First Name MI Last Name Brad Na Rosov Mailing Address PO Box City State 4038 Masonboro Loop Road I Wilmington NC ZIP Phone No. 1 Phone No. 2 28409 910 - 791 - 9494 ext. ext. FAX No. Contractor # 910 791 4129 Federal ID # 020623951 Street Address (if different from above) City State ZIP N/A N/A N/A N/A-gFrpIJ ED MAR 2 7 9nn COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 1 DCM- MHD CITY Form DCM MP-1 Application for Major Permit Development Email kenneth.willson@cbi.com 3. Project Location Street Address County (can be multiple) Oceanfront shoreline of Southern Shores, from the Southern State Rd. # Dare town limit to 2,500 ft. north (including a 1,00 If taper section N/A terminating at 44 Ocean Blvd.) and offshore waters Subdivision Name City State Zip N/A N/A NC N/A - Phone No. Lot No.(s) (if many, attach additional page with list) N/A - 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 Pasquotank Atlantic Ocean 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 Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. Southern Shores 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 2,500 feet (Placement Project Limits including taper) 1,022,500 s.f. (Placement Area including dune corridor); 51,094,472 (Borrow Area A) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (If many lot sizes, please attach additional page with a list) beach berm elevation approx. 6' to MHW (12) NAVD88, dune elevation approx. 23.4' NAVD88 ❑NHW or ❑ NWL e. Vegetation on tract Typical beach and dune vegetation in areas not eroded completely. f. Man-made features and uses now on tract The tract includes single and multi -family residential homes. The beachfront is utilized for recreational activities. g. Identify and describe the existing land uses adlacent to the proposed project site. Single and multi -family residences, recreational beach uses. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? Low and medium density residential (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? Tidewater Atlantic Research (at offhshore borrow area) 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? COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. MAR 2-7z64; 2 DCM- h"HD CITY Form I)CM MP-1 ADDlication for Maior Permit Development m. (i) Are there wetlands on the site? []Yes SNo (ii) Are there coastal wetlands on the site? []Yes SNo (iii) If yes to either (i) or III) above, has a delineation been conducted? Oyes ENo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Structures within the proposed area are serviced with on -site septic tanks. o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private/Community b. Give a brief descdption of purpose, use, and daily operations of the project when complete. The Town of Southern Shores is focused on implementing a shoreline management program that will provide shoreline protection for the southernmost 2,500 feet of oceanfront shoreline thereby maintaining the tax base of the Town. Once completed, the beach will provide recreational opportunities for residents and homeowners and will serve as protection from chronic erosion and storm -induced erosion. 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 hydraulic hopper dredge will be used to obtain and transport material from the offshore borrow area to the beach. A sand dike will be constructed on the seaward side of the discharge area. The sand slurry will be discharged behind the temporary dike, and excess water will be directed parallel to the shoreline and around the edge of the dike. Bulldozers, front-end loaders and other earth moving machines will be used to shape the beach to the design profile. A staging area will be established at the public parking lot at Byrd Street. Construction access points will be established at the Hilton Garden Hotel on North Virginia Dare Trail and at Ocean View Loop in Southern Shores. d. List all development activities you propose. The proposed action includes sand placement along 2,500 feet of Southern Shores beginning at the Kitty Hawk/Southern Shores border and extend north. This fill includes a 1,000 foot taper section on the north end terminating at 44 Ocean Blvd. Sand will be obtained from an Outer Continental Shelf borrow area known as 'Borrow Area A" located offshore Dare County using cutterhead and/or hopper dredges. Material will be transported from the borrow areato the beach via submerged pipeline from a cutterhead dredge, or direct transport to a nearshore pump -out location via hopper dredge. A temporary shore -parallel sand dike will be constructed in the discharge area to reduce turbidity of slurry within the nearshore. Material on the beach and dunes will be shaped and graded using earth moving machines. Sand fencing and vegetation will be placed along the existing dune. 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? 1,022,500SSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public access way or other area that SYes []No []NA the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. The placement location is the oceanfront beach and dunes within the Town of Southern Shores, within the reach authorized in the design template i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes SNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No SNA j. Is there any mitigation proposed? ❑Yes SNo ❑NA If yes, attach a mitigation proposal. ED 017 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 3 DCM- MHD CITY 6. Additional Information In addition to this completed application form, I'll1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) dram to scab. 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 DEC. 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: OBX Resort, LLC Phone No. rVa Address: PO Box 1069, Kitty Hawk, NC 27949 Name: Outer Banks Castle In the Sand. LLC Phone No. n/a Address: 200 Country Club Drive, Edenton, NC 27932 Name: Elmer Raper Phone No. rVa Address 9707 Woodland Ridge Dr., Temple Terrace, FL 33637 Name: Gary and Marilynn Quinlan Phone No. n/a Address: 20 Golfvlew Rd., Doylestown, PA 18901 Name: Steven and Bonita Sheffield Phone No. n/a Address: 339 S. Roscoe Blvd., Ponte Vedra Beach, FL 32082 g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, per ittee, and issuing dates. None h. Signed consultant or agent authorization form, lt applicable. I. Wetlend delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) it. A statement of compliance with the N.C. Environmental Policy Act (INC.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. CertIfte ion and Permission to Enter on Land derstand that any permit issued in response to this application will allow only tt project will be subject to the conditions and restrictions contained in the permit. The 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 March 7, 2017 Print Name Brad Rosov, Agent, Coastal Planning & Engineering of North Carolina Inc. Signature e__/ �' Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ODCM MP-4 Structures Information RECEIVED - COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. �jnR 9. 7 ion 4 DCM- MHD CITY Fo..... DUI Excavation and Fill 1.2 orm 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 Channel (NLW Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) or NWL) 2.500 fill area; Length 16,064.11'(bomow area A) 538' (fill area); 3,180.66 Width (borrow area A); Avg -10' to 24' NAVD88 (existing Existing NA NA grade within fill area); Depth -58.5' to -65' (borrow area A); Final -10' to 24' NAVD88 (final grade Project NA NA within fill area);-605to-70' Depth (borrow area A) 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in cubic yards. 96,000 cy (fill amount + 20% loss) 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) Descdbe the purpose of the excavation in these areas: NA ❑This section not applicable b. Type of material to be Beach quality sand d. High -ground excavation in cubic yards. None 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Oceanfront shoreline of Southern Shores from the Kitty Hawk/Southern Shores town limits extending 2,500' north. This includes a 1,000 taper section. c. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting permission from the owner. Easements pending 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 b. Dimensions of disposal area. 2,500 ft. by 538 ft. d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ®NA (if) If yes, where? N/A f. (i) Does the disposal include any area in the water? ®Yes ❑No ❑NA RECEIVED COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. MAR 2 7 2017 5 DCM- MHD CITY Form DCM MP-2 Excavation and Fill square feet affected. III) If yes, how much water area is affected? ❑CW ❑SAV ❑SB 610,516 sq. ft. of fill will be placed from MHW to seaward toe -of - OWL ®None fill (ii) Describe the purpose of disposal in these areas: Beach nourishment a. Type of shoreline stabilization: b. Length: 2,600 ft. ❑Bulkhead ❑Riprap ❑Breakwater/Sill ®Other: Width: 538 ft. nourishment c. Average distance waterward of NHW or NWL: 327 ft. d. Maximum distance watenvard of NHW or NWL: 370 ft. f. e. Type of stabilization material: (i) Has there been shoreline erosion during preceding 12 months? Sand ®Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. Approximately -6.0 ft./yr. at the south end of the main fill section at Sta. 0+00, according to LIDAR data from 1996 to 2012 and geophysical profile data compiled by CPE-NC in 2014 g. Number of square feet of fill to be placed below water level. h. Type of fill material. Bulkhead backfill _ Riprap sand Breakwater/Sill _ Other 610,516 so. ft. i. Source of fill material. Offshore Borrow Area 4. OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No DNA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV ❑SB (iv) Purpose of fill OWL ❑None (ii) Describe the purpose of the fill in these areas: 15. 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)? A sand dike will be constructed seaward of the fill area during the Hydraulic hopper dredges and pipeline, bulldozers, front -end - placement of beach fill. This temporary structure will allow the loaders and other earth moving machines. sandy material to settle out before the water reenters the Atlantic Ocean. In addition, the nourishment sand will be low in silt, which improves the retainment quality of the material. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project [x]Yes ❑No ❑NA site? ❑Yes ®No DNA RECEIVED COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 6 DCM- IISHD CITY (ii) If yes, explain what type and how they will be implemented. (it) If yes, explain steps that will be taken to avoid or minimize Submerged and partially submerged sections of pipeline will be environmental impacts. clearly marked with Id buoys to reduce hazards to navigation. N/A March 7, 2017 Date Southern Shores Shore Protection Project Project Name Town of Southern Shores, c/o/ Tom Bennett Applicant Name Brad Rosov, Agent, Coastal Planning & Engineering, Inc. Applicant Signplure RECEIVED MAR 2 7 2017 DCM- MHD CITY COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 7 1.3 Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. None None c. Density (give the number of residential units and the units per acre). d. Size of area to be graded, filled, or disturbed including roads, None ditches, etc. Temporary staging areas at Byrd Street parking lot: 9,302 sq. ft. (0.2 ac.), construction access point at Hilton Garden Hotel: 150 I.f.; construction access Ocean View Loop: 100 If. e. If the proposed project will disturb more than one acre of land, the I. List the materials (such as mad, paver stone, asphalt, or concrete) Division of Land Resources must receive an erosion and to be used for impervious surfaces. sedimentation control plan at least 30 days before land -disturbing None activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No (DNA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stormwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for review? No new impervious surfaces will be constructed ❑Yes ❑No ®NA i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. No new impervious surfaces will be constructed j. Describe proposed method of sewage disposal. None (ii) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? commercial effluent, leash down" and residential discharges). ❑Yes []No ®NA COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 8 'RECEIVED MAR 2 7 2017 DCM- K°HD CITY None If yes, attach appropriate documentation. m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) None o. When was the lot(s) platted and recorded? N/A March 7, 2017 Date Town of Southern Shores, Go Tom Bennett n. (i) Will water be impounded? ❑Yes []No ®NA (il) If yes. how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA Project Name Brad Rosov, Agent, Coastal Planning 8 Engineering of North Carolina, Inc. Applicant Name i Applicant Signature RECEIVED MAR 2 7 2017 DCM- IhHD CITY COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 9 2 Supplemental Information, per Forms DCM MP-1 and DCM MP-2 2.1 Per Form MP-1, Section 6a: Project Narrative 2.1.1 Project Scoping and History On January 31, 2017, the Town of Southern Shores held an interagency meeting in Washington, North Carolina with state and federal agencies including the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS), the North Carolina Division of Coastal Management (DCM), North Carolina Division of Marine Fisheries (DMF), North Carolina Division of Water Quality (DWQ), North Carolina Wildlife Resources Commission (NCWRC), Bureau of Ocean Energy Management (BOEM), and United States Army Corps of Engineers (USACE) to present the scope of a proposed locally sponsored shoreline protection project, as well as develop a permitting approach and scope for necessary environmental documentation. Within the recent past, three other beach towns in Dare County (Kill Devil Hills, Kitty Hawk, and Duck) have obtained permits and authorizations to construct beach nourishment projects in proximity to Southern Shores. During the planning phases of those projects, similar scoping meetings for were held on September 14, 2011 and June 19, 2013. It was determined that BOEM and the USACE would act as joint -lead agencies for NEPA purposes, and would prepare joint NEPA documents. BOEM and the USACE agreed to participate in the required Endangered Species Act (ESA) Section 7 consultations; the Magnuson -Stevens Fishery and Conservation Management Act Essential Fish Habitat (EFH) consultation (Section 305); the National Historic Preservation Act Section (NHPA) Section 106 process; and the Coastal Zone Management Act (CZMA) Section 307 consistency process. In a letter from BOEM to the USACE, dated December 2, 2014, it was stated that lead agency in ESA Section 7 consultation for potential impacts on protected species would be determined by jurisdiction. The BOEM was the lead agency and consulted with NMFS concerning potential effects from dredging activities for species under their purview (e.g. swimming turtles and whales). The USACE was the lead agency and consulted with UFWS concerning effects from placement activities for species under their purview (i.e. nesting sea turtles). BOEM and the USACE consulted jointly with NMFS Habitat Conservation Division on EFH and request NMFS to assign conservation recommendations by jurisdiction. The USACE was the lead agency for the National Historic Preservation Act (NHPA) Section 106, and notified the State Historic Preservation Office (SHPO) and relevant Tribal Historic Preservation Offices (THPO). The USACE and BOEM worked with the North Carolina Department of Environmental and Natural Resources (NCDENR), to ensure compliance with Section 307 of the Coastal Zone Management Act (CZMA). The USACE and BOEM concluded their consultations with NMFS and USFWS through the issuance of Biological Opinions (BOs). The BO from USFWS was issued on November 4, 2015 while the BO from NMFS was issued on May 16, 2016. CAMA Major Permits issued by DCM for the Towns of Duck, Kill Devil Hills, and Kitty Hawk were issued on December 1, 2015. Individual Permits for each of the three towns were subsequently issued by the Department of Army on May 25, 2016. A lease from BOEM for the extraction of 4.825 million cubic yards of material from two offshore borrow areas was issued to Dare County on September 2, 2016. Because the proposed project at Southern Shores will utilize the same borrow source and shares the same construction methods as the other three Dare County beach towns it was determined by the USACE during the January 31, 2017 scoping meeting that the Kitty Hawk Individual Permit could be modified to include the proposed shoreline protection project at Southern Shores. As such, the previously issued BOs could be used for this propose project and would be amended accordingly. The BOEM lease would be modified to include the volumetric 10 T`rr:GEIVED MAR 2 7 Z017 requirements of this project, as well. The State, however, suggested that a stand-alone Major CAMA permit issued to Southern Shores would be required from the Division of Coastal Management (DCM). 2.1.2 Proposed Action The proposed action is a one-time beach nourishment project that would include sand placement along a total of 2,500 feet (0.47 miles) of oceanfront shoreline and dunes within Southern Shore's town limits. The main placement area of the proposed project begins at the southern town limit (baseline station 0+00) at the Kitty Hawk/Southem Shores border. The main placement area extends 1,500 northward. A taper section extends and additional 1,000 feet with the fill terminating at baseline station 25+08. Dunes that have undergone significant scarping will be reshaped along the 2,500 feet of shoreline as needed. The total fill area below MHW is 610,516 square feet (14.02 acres), and the total fill area above MHW is 411,984 square feet (9.465acres), for a total disturbed area of 1,022,500 square feet (23.48 acres). The proposed construction template consists of a berm ranging from approximately 100 to 160 feet wide at an elevation of +6 feet NAVD88. Dunes that require reshaping will be constructed at an elevation no higher than +23.4 feet NAVD88. Complete plan view and cross sectional drawings of the proposed project are provided in Appendix A. The staging area for the proposed project is located within the eastern portion of a public parking lot at Byrd Street in the Town of Kitty Hawk. This parking lot, which abuts the beach, will also include a construction corridor by which machinery can access the beach (Appendix A, sheet 3). Additional construction access point will be located just north of the Kitty Hawk pier, extending from the public parking lot at the Hilton Garden Inn onto the beach and at Ocean View Loop in Southern Shores (Appendix A, sheet 3). No impervious surfaces or alterations to the dunes will be required for use of these areas. The amount of material required to construct the preferred design is 80,000 cy. Actual dredge volume could be up to 20% higher than the fill volume, dependent upon the loss rate. Using a conservative estimate of 20% loss rate, the total dredged volume would be approximately 96,000 cy. Material will be obtained from the offshore borrow areas (more information on the borrow area is provided below in Section 2.1.4) using a hopper dredge. The dredged material would be transported to a nearshore pump -out location and would then be subsequently pumped to the beach via pipeline. A sand dike will be constructed on the seaward side of the discharge area. The sand slurry will be discharged behind the temporary dike, and excess water will be directed parallel to the shoreline and around the edge of the dike. Once discharged onto the beach, the material will be shaped and graded using loaders, dozers, and other earth moving equipment. Due to the use of a hopper dredge, the proposed project will employ relocation trawling as a means to reduce the potential for entrainment of protected species, such as sea turtles and Atlantic sturgeon. The protocols and techniques of relocation trawling were researched and developed by the USACE, and have become a standard practice for reducing lethal sea turtle takes during dredging projects. Two types of trawls are used during hopper dredging projects. Sea turtle abundance trawling is employed several days before commencement of dredging activity, and is used to determine the abundance of sea turtles in the area. Relocation trawling will be performed during active hopper dredging or in coordination with the NMFS. Essentially, this method employs a capture - relocation technique, and is targeted at the active dredging site within the borrow area. The distance covered by each tow may vary as dictated by large vessel traffic in the area, or by the size and configuration of the borrow site. A separate vessel, usually a shrimp trawler, deploys a trawling net ahead of the apprrooacching_drl_ g t remove MAR 2 7 2017 DCM- NIHD CITY sea turtles from the dredge's path. Typically, trawlers tow two specially designed 60-foot trawl nets in the vicinity of the dredge on a 12 or 24 hour schedule. The position at the beginning of each tow is determined from GPS positioning equipment, and tow speed is recorded at the approximate midpoint of each tow. Water temperature measurements are also taken twice per day, and weather conditions (air temperature, wind velocity and direction, sea state, wave height, precipitation) are recorded by instrumentation and visual observations aboard the trawler. If relocation trawling is implemented, standard relocation trawling conditions will be observed as set forth by NMFS including specification for trawl time, handling, holding conditions, take and release, any tagging, etc. In addition to relocation trawling, other measures will be implemented to reduce the threat of takes during hopper or cutterhead dredging. These include use of a turtle deflector on the hopper dredge draghead, insuring pumps are disengaged if a drag head or rotating cutterhead is lifted from the bottom, and use of NMFS-certified Protected Species Observers aboard hopper dredges. On the beach, several steps will be taken to minimize construction impacts to nesting and hatchling sea turtles. Artificial lighting used during nighttime construction activities will be angled and/or shielded to reduce deterrence of sea turtle nesting and hatchling disorientation. Sea turtle nest monitoring is also considered an important part of sea turtle conservation, therefore a sea turtle nest monitoring and avoidance/relocation plan will be implemented through coordination with USFWS and NCWRC. Dare County is included in surveys conducted by Network for Endangered Sea Turtles (N.E.S.T), the volunteer organization which performs systematic surveys of the northern Outer Banks from the Virginia border to the southern tip of Nags Head. Surveys are performed throughout the nesting season (May through August), and include daily morning patrols to mark and protect newly laid nests, as well as monitoring during incubation period and emergence. These surveys have been performed since 1981. Because the Southern Shores project proposes nourishment during the summer months (nesting season), monitoring will be needed to identify, and subsequently avoid burial or excavation of, existing nests during construction. This monitoring will be performed by trained individuals knowledgeable of the beach construction operations. In addition to monitoring surveys, nest relocation will be implemented by highly trained individuals and in coordination with the appropriate agencies. 2.1.3 Construction Schedule The inclement weather typically encountered during the winter months offshore the northern outer banks makes dredging difficult and often reduces dredging efficiencies. Elevated sea states poses a substantial safety risk to crews and equipment, while weather -related down times raise costs and reduce efficiency. As such, the Town proposes for this project to be constructed during the calmer and safer summer months along with the other three towns in Dare County. Construction during this time of the year will give the contractor the most flexibility and provide a safer and more economical work environment. To allow for the greatest scheduling flexibility, no start and end date will be specified; rather, this will remain at the discretion of the contractor, and will be based on equipment availability and weather conditions. The contractor could utilize multiple pieces of equipment and construct the four projects in parallel, leading to a minimum construction time for all four projects of 3.5 months. This timeframe is based on the production rates for hopper dredges achieved during the 2010-2011 Nags Head project. The production rate has been adjusted to account for distances from the project areas to the identified borrow areas. 2.1.4 Borrow Areas and Sediment Analysis Beach quality sand will be dredged from a borrow area known as `Borrow Area A" using a self-contained ocean - certified hopper dredge. The borrow area is located entirely within federal waters, i.e. seaward of the Three Nautical Mile Line, placing them under the jurisdiction of BOEM (Appendix A, sheets I and 2). Coastal Planning & Engineering, Inc. of North Carolina (CPE-NC) conducted a comprehensive sand search using a systematic methodology involving three sequential phases of investigation. Phase I involves.f EWE110 12 MAR 2 1 2017 DCM- R"HD C`TY desktop study that examined previously collected information within the geologic context of the investigation area in order to identify features with the highest potential of containing project compatible sand. Results of jetprobe investigations of several shoal features offshore Dare County by CPE-NC in 2013 as part of a feasibility study for the Town of Kill Devil Hills were also considered during this phase. Details of the findings of Phase I can be found in the full geotechnical report (Appendix Q. Surveying, sampling and analysis of the Southern Shores native beach was also conducted. In order to meet state requirements, 13 samples were collected along a profile at baseline station -20+00 within the Town of Southern Shores. Samples were collected along the profile from the Dune, Toe of Dune, Mid -berm, Berm Crest, Mean High Water (MHW), Mean Tide Level (MTL), Mean Low Water (MLW), Trough, Bar Crest as well as 4 additional samples seaward of the bar crest out elevation - 20.0 ft. NAVD88 (See Table 1 and Figure 2 in Appendix Q. Results of mechanical sieve analysis were composited for the transect and combined with the five (5) profiles sampled throughout the Town of Kitty Hawk to develop composite characteristics by elevation and for the total project area (all 6 profiles). These composites were used in assessing the compatibility of the proposed borrow areas with the native beach. The composite summary and grain size analysis results are displayed in Table 1 of this project narrative. Additionally, the results of sediment analyses for each sediment sample can be found within the Beach Composite Summary Tables provided in Appendix C. During the interagency meeting on January 31, 2017, NC DCM representatives stated that the survey conducted for the Kitty Hawk project could be used for the South Southern Shores project. That survey was conducted by CPE-NC on May 12, 2015. The survey area covered —50,000 square feet of the Kitty Hawk project area from a point approximately 545 ft. north to 80 ft. south of Bleriot Street. The area was staked out using GPS to mark the four (4) corners of a rectangular section of the beach measuring approximately 625 ft. along the beach and 80 ft. across the beach from the toe of dune to the MLW Line. The area was divided into 25 ft. x 20 ft. blocks to facilitate the counting of clasts > 3 inches in each block. The total number of clasts > 3 inches in diameter identified during the survey of the representative project area in the Town of Kitty Hawk was 403. Information gathered during the Phase I archival literature studies regarding the geological setting of the project area give no indication that hardbottom habitats are present within or in the vicinity of the borrow areas. Additionally, previous geotechnical and geophysical investigations conducted by the USACE have not indicated the presence of hardbottoms in the area. Finally, analysis of the sidescan sonar data acquired by CPE-NC for the present project indicated no presence of hardbottom habitats or consolidated rock exposures or outcroppings within or in the vicinity of the borrow areas. Phase II investigations involved reconnaissance level geophysical surveys in order to 1) define the extent of sediment layers identified during Phase I research of past jetprobe data and historic vibracore and surface sediment data; 2) develop a vibracore plan to be implemented during Phase III investigations, and 3) identify potential environmental or cultural resources for avoidance during Phase III vibracore investigations. The bathymetric data collected in both borrow areas during Phase II, as well as the locations of vibracores conducted during Phase III are provided in Appendix A, sheets 5 through 8. Results of the geotechnical investigations, including geophysical (sonar) surveys, vibracores, hydrographic surveys, archaeological resource surveys and sand compatibility analyses, were performed to develop the final borrow area designs. Design considerations for the proposed borrow areas included: • Construction of the project may be accomplished using a hopper or cutterhead dredge • Location of sufficient sand to construct the three proposed beach nourishment projects for the Towns of Duck, Kitty Hawk, and Kill Devil Hills • Beach compatible sand with similar mean grain size and sorting of the project beaches RECEIVED • Avoidance of environmentally sensitive areas such as hardbottom, seagrass beds, etc. 13 MAR 2 7 2017 DCM- IISHD CiTY • Avoidance of potentially significant cultural resources • Avoidance of nearshore impacts due to wave refraction over borrow areas The proposed design cuts for borrow area A is displayed in sheets 5 and 6 of Appendix A, respectively. Borrow Area A has six design cuts ranging from -58.5 ft. to -70 ft. NAVD88, amounting to an estimated total dredge -able volume of 17,350,000 cubic yards. Overall acreage for Borrow Area A is approximately 1,172.96 acres. A summary of the sand compatibility analyses for each area is displayed in Table 1, and indicates these areas contain material deemed compliant with the Kitty Hawk native beach according to standards set forth in the NC State Sediment Criteria (15A NCAC 07H.0312). There are no State Standard Allowances for mean grain size or Munsell color, however, these values are listed in the table for comparison between native beach and borrow areas. Table 1. Results of the compatibility analyses performed for Borrow Area A and C. Allowable limits for the Town of Southern Shores native beach are defined by Rule 15A NCAC 07H.0312. Profile -20+00 Allowable Kitty Allowable Limits Parameter Composite Limits for Hawk/Southern for Kitty Borrow (Southern Profile -20+00 Shores Composite Hawk/Southern Area A Shores) Shores Composite Wet/Dry Munsell 5/6 n/a 5/7 n/a 5/6 Color Mean Grain Size (mm) 0.41 n/a 0.39 n/a 0.36 Sorting (Phi) 1.47 n/a 1.42 n/a 0.90 Silt (%) 1.38 6.38 1.02 6.02 0.83 (<0.0625mm) Granular (%) (2mm < and < 6.89 11.89 6.46 11.46 1.48 4.76mm) Gravel (%) 0.99 5.99 1.53 6.53 0.52 (>4.76mm) Carbonate 2 17.0 2 17.0 1.0 To determine the projects effects on potentially significant submerged cultural resources, Tidewater Atlantic Research (TAR) carried out a background literature review and supervised a cultural resource investigation of the proposed borrow area. The cultural resource report compiled by TAR is provided in Appendix B. A registered archaeologist from TAR identified 9 magnetic anomalies in the vicinity of Area A, 4 of which were considered potentially significant (Appendix A, sheet 5).. As a result, three buffer areas were established within Borrow Area A — two are located within the borrow area and one is located outside the western perimeter (Appendix A, sheet 5). These areas will be avoided during dredging. The stated volumes within both borrow areas meet the engineering requirements for the Southern Shores design template plus dredging losses. The Towns of Duck, Kitty Hawk, and Kill Devil Hills are also currently pursuing beach nourishment projects and proposed to use Borrow Area A and an additional borrow area known as Borrow Area C. Taken together, the engineering requirements (including dredging losses) for the Southern Shores project (96,000 cy), Kitty Hawk project (2,118,000 cy), Duck project (1,699,200 cy) and the Kill Devil Hills project (1,008,000 cy) amount to a total dredged volume of 4,921,200 cy. Thus, the borrow areas, which together contain a total of 19,399,000 cy of beach compatible material, can satisfy the requirements of all three projects. RECEIVED MAR 21 2017 14 DCM- M.HD CITY 2.2 Per Form MP-1, Section 6d: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties The Town is currently in the process obtaining the necessary easements to construct the project. 2.3 Per From MP-2, Section 6f: Adjacent Riparian Owner Return Receipts Adjacent riparian owner notifications were sent certified mail. The certified mail receipts are provided below - once the certified signature cards are returned, they will be submitted to CAMA. RECEIVED MAR 2 7 2017 15 DCM- MHD CITY ❑ '- "PI F. , ZeV s N - m GoiS� t N p ruMnrx p IWwGGmM wIY� G m � p .!1................. -- ....... _. ❑ ° 7-7 737, N - O neAq N ❑ CwYbdw ❑ PGnnn P.oiaw ❑ IEMxGGm�ni PgtN) ❑ ❑ (� PKUYMI T f'� s rxr GwaoG SGrw m a- (y � 7fii/YAF"� 4. Pry(n:sµ P A !1 N G✓nGaGn � '. ❑ pwhlk o�P•aw.wai II "" p IrMP�GPGY�: £1. rc..trxa. w. zoo O rl O PopgG • _ _ � ��i�� N Cskua w ❑ Po� p wGPw quk4 Mw O IEMdwmwP nGu�M m .. a p ro "Po Sox OL5 M1 ........... RECEIVED MAR 2 7 2017 to DCM- VND CITY 2.4 Per Form MP-1, Section 6h: Agent Authorization Form N.C. DIVISION OF COASTAL MANAGEMENT AGENT AUTHORIZATION FORM Date 1/26/17 Name of Property Owner Applying for Permit: Town of Southern Shores Mailing Address: 5375 N. Virginia Dare Trail Southern Shores, NC 27949 Coastal Planning and Engineering of NC, Inc 1 certify that I have authorized (agent) to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) Town of Southern Shores Shoreline Protection Project at (my property located at) Southern Shores oceanfront shoreline This certification is valid thru (date) ? / 2)EC 201 -.Pt- Property Owner Signature f!� o c.rn �o f So...%�yn SinWa� N e- Date 70/7- RECEIVED MAR 2 7 2017 DCM- NIHD 17 CITY 2.5 Per Form MP-1, Section 6j: Ocean Hazard AEC Notice for Southern Shores OCEAN HAZARD AEC NOTICE Project is in an: X Ocean Erodible Area X High Hazard Flood Area _ Inlet Hazard Area Property owner: Town of Southern Shores Property Address: 2,500 feet of oceanfront shoreline, Town of Southern Shores Date Lot Was Platted: Easements Pending This notice is intended to make you, the applicant, aware of the special risks and conditions associated with development in this area, which is subject to natural hazards such as storms, erosion and cements. The rules of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice to writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and done alterations are designed to minimize, but not eliminate, property loss from hazards. By granting permits, the Coastal Resources Commission does not guarantee the safety of the development and assumes no liability for future damage to the development. Permits issued in the Ocean Hazard Area of Environmental Consent include the condition that structures be relocated or dismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) most be relocated or dismantled within two (2) years of becoming imminently threatened, and in any case upon its collapse or subsidence. The best available information as accepted by the Coastal Resources Commission, indicates that the annual long -tern average ocean erosion rate for the area where your property is located is 2 r,_ feet per year. The rate was established by careful analysis of aerial Photographs of the coastline taken over the past 50 years. Studies also indicate that the shoreline could move as much as 50 — feet landward in a major storm. The flood waters in a major storm are predicted to be about 14— feet deep in this area Preferred oceunfrant protection measures are beach nourishment and relocetiom of threatened structures. Hard erosion control swmures such as bulkheads, seawalls, revelments, groins, jetties and breakwaters are prohibited. Temporary sand bags may be authorized under certain conditions. The applicant must acknowledge this information and requirements by signing this notice in the space below. Without the proper signature, the application will not be complete. SPECIAL NOTE: This hand notice is required for development in areas subject to sudden and massive storms and erosion. Permits issued for development in this area expire on December 31 of the third year following the ,year in which the permit was issued. Shortly before work begins on the project site, the Local Permit Officer must be contacted to determine the vegelatiom line and setback distance at your site. If the property has seen little lunge since the time of permit issuance, and the proposed development can still meet the setback requirement, the LPO will inform you that you may begin work. Substantial progress on the project must be made within 60 days of this setback determination, or the setback must be re -measured. Also, the occurrence of a major shoreline change as the result of a stoma within the 60-day period will rnccsxitatc re- measurement of the setback. It is important that you check with the LPO before the permit expires for official approval m continue the work after the permit has expired. Generally, if foundation pilings have been placed and substantial progress is continuing, permit renewal can be authorized It is unlawful to continue work after permit expiration. For sore infornurdon, contact: Lynn Mathis Local Permit Officer 1367 U.S Highway 17 South Address Elizabeth City, NC 27909 Locally 252 264-390 Phone Number Tw .k- J. 9 L.f 2dZZ4fir 4em4-. r Owtrersi/gfoonatuie JJ JDate 3irok70/7 yes v(ryfa ti� Orl+�rs(7]frl�dfel^++�J Ptt�,ry '� 18 Revised May 2010 RECEIV-1 MAR 2 7 2 DCM- Mid.. Appendix A: Work Plans RECEIVED MAR 2 7 P017 DCM- NPHD CITY 19 Appendix B: Professional Archaeological Assessment (Provided in Digital Format) RECEIVED MAR 2 7 2017 20 DCM- MHD CITY Appendix C: Geotechnical Report (Provided in Digital Format) 21 Appendix D: Survey Report (Provided In Digital Format) RECEIVED MAR 21 Z017 '-'- DCM- Nr"[) CITY Appendix E: Letters of Permission for Construction Access Points and Staging Area (Provided in Digital Format) 23 �e'veO ko %1 101 GM- V4, AO c'`I� O Mathis, Lynn From: Rosov, Brad <Brad.Rosov@cbi.com> Sent: Wednesday, March 15, 2017 11:15 AM To: Mathis, Lynn Subject: RE: Southern Shores permit application Attachments: Southern -Shores_ 20+00_Sediment_Sample-Locationsjpg Hi Lynn, Are you referring to Figure 2 in Appendix B? This was meant to depict a representative cross section showing the various features where samples were collected along each profile. I have attached a modified figure showing the 2015 profile at -20+00 in Southern Shores with the precise locations where the samples were taken back in January 2017. Hope this helps! Brad From: Mathis, Lynn [mailto:lynn.mathis@ncdenr.gov] Sent: Tuesday, March 14, 2017 5:12 PM To: Rosov, Brad <Brad.Rosov@cbi.com> Subject: RE: Southern Shores permit application Yes... I am looking through the material now to draft the Field report. I noticed the profile of the sample collected is not form Southern Shores. Do you have the southern shores profile that you could e-mail. Lynn W. Mathis Field Specialist NC Department of Environmental Quality NC Division of Coastal Management Elizabeth City District Office 401 S. Griffin Street Suite 300 Elizabeth City, North Carolina 27909 (252) 264-3901 (Ext. 234) FAX (252) 331-2951 RECEIVED _""r'Noth,;ng Compares --,.,._ MAR 2 7 2011 Email correspondence to and from this address is subject to the pC M- M H D CITY North Carolina Public Records Law and may be disclosed to third parties. 30 15 6 —30 J W —45 —60 -L Ir ReceivedUj _ o 0 MAR 15 1017 LL4 _ U � � DCEC ix Z U South Southern Shores Profile -20+00 0 •pay Note: Samples were collected based on profile conditions/water depths observed ' ns in February -'----•-•-:........... ........ d'........:.......:........... — — --- uringfieIdoperatio 2017 T J tra Qeof Dune .v \,Mid -Berm :Berm -crest : — — May 2015 MHW r MLW :Trough 6arcrest r ....... ...... .-.- --. �. ,,..`.. i-J"15.�_....,,�, t17,5---- ----.-- -.- ..-..-................ '------- ...... ..-.. ..-..-i.--... ..... ...... i.... .. ..... ....-.�.-.-.. .-... ............. . ~. ..- .....- 0 200 UOV DIST. (FEET) ry.M 30 Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: Susan Simpson The Coastland Times Manteo, NC 27954 leqals@thecoastlandtimes.net ROY COOPER Gr,"m MICHAEL S. REGAN S,,oe url' BRAXTON C. DAVIS Director FROM: Yvonne Carver, Coastal Management Representative DATE: 03/23/17 SUBJECT: Public Notice: Town of Southern Shores Please publish the attached Notice in the Sunday, March 26, 2017 issue of The Coastland 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 Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Sarah Young, PIO, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED MAR 2 7 2017 DCM- MHD CITY ,-> Nothing Compares.-t.... State of North Caroline I Envuomm nml Quality I Coaenl Management 401 S. Griffin St., Suite 300 1 Elizabeth City, NC 27909 252-264-39011252-33 1.2951 [fax] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was accepted on 03/15/17. The Town of Southern Shores is proposing beach nourishment along 2500 linear feet of ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard in Southern Shores, Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S. Griffin St., Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 04/15/17, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, March 26, 2017 RECEIVED MAR 2 7 ppl/ DCM- MHD CITY ROY COOPER MICHAEL S. REGAN swvfary BRAXTON C. DAVIS DIMMr Coastal Management ENVIRONMENTAL QUALITY March 22, 2017 The Honorable Tom Bennett Mayor of the Town of Southern Shores 5375 N. Virginia Dare Trail Southern Shores, NC 27949 Dear Mayor Bennett: The NC Division of Coastal Management hereby acknowledges receipt of the Town's application for State approval for development of property located along the oceanfront shoreline of Southern Shores, Dare County. It was accepted on March 15, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is May 29, 2017. 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 March 15, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 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. RECEIVED l Nothing Compares MAR 2 7 7017 State of North Caroline I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 DC M - M H D CITY 252-264-39011252-331-2951 [fax] The Honorable Tom Bennett Mayor of the Town of Southern Shores March 22, 2017 Page 2 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 Lynn Mathis, Field Specialist, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, Frank Jen ings District Manager, Northeastern District NC Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Lynn Mathis, Field Specialist, DCM, Elizabeth City, NC Brad Rosov, Coastal Planning & Engineering of NC, Wilmington, NC TIC1 w w E uj AMA PERMIT APPLIED FOR PROJECT: Beach nourishment along 2500 linear feet of ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12, in the Town of Southern Shores. COMWNTS ACCFPTFQ THROUGH APPLICANT: Town of Southern Shores 5375 N. Virginia Dare Trail Southern Shores, NC 27949 252-261-2394 0410812017 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: '1 Lynn Mathis, Division of Coastal Management, 401 S. Griffin St., Ste 300, Elizabeth City, NC 27909 252-264-3901, ext. 234 MAJOR PERMIT FEE MATRIX Applicant ! a WN b s ttr/L� Sifca��� Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: ❑ Major Modification to a �250 100% ($250) 0% ($0) CAMA Major permit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non- cEl ommercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3900 (See attached) can be applied: III(B). Public or commercial development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3900 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. b400 60% ($240) 40% ($160) 3900 (see attached) could be applied, but DCM staff R C E IV E D determined that additional review and written DWQ R 2 7 2017 concurrence is needed because of concerns related to water quality or DC M H D CITY a uatic life: III(D). If General Water El Quality Certification No. $400 60% ($,240) 40% ($160) 3900 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($.285) 40% ($190) excavation of more than one acre of wetlands and/or Open water areas: NC Division of Coastal Management 31640A B C D Cashier's Official Receipt Date: 20 W o CJ 1r! / Received From: � Permit y V Q 1� �� c nl Check No.: Z is in U No.: 0. / County: S S 0 Applicant's Name: Project Address: ®C Please retain receipt for your records as proof of payment for permit issued. % y Date: Signature of Agent or Applicant: Date: � l Signature of Field Representative: KC Divislon of Coastal Management Major Permit Application Computer Sheet (I1rn1/2012) Applicant; Town of Southern Shores Date: 03/2=017 Project Site: Dare County Staff. Lynn Mathis District: Elizabeth City 0Washington []Morehead City ❑Mimington Project Name: Southem Shores Shoreline Protection Project Rover File: WA State Plane: X: 3200 2970310.083ft Y.• 874203.274ft Date ofinffial application submittal (EX., 1/8/2007): 03/09/2017 Date application 'received as complete' in the Field office (EX: 1/8)2007): OY152017 SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes No Photos Taken: Yes® No❑ ired (riparian): Yes El Critical Habitat: Yes []No ®Not Sure 15 foot waiver obtained: Yes ®No ation Returned: LHazard N/A SAV.❑Yes ®No ❑NotSure Shell Bottom: Yes No ❑ Notpacts: ®Yes ❑No Sure Sandbags: Yes ZNo Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP: ®Yes ❑No ❑Yes ®No Moratorium Conditions: ❑Yes ®No Environmental Assessment Done: ❑NA ®Yes []No []NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) LJ Outstanding Resource Waters (ORW) 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 cordgress (Spartina (SY) Satt reed grass (Spartina attemi9ore) cynosuroides) (DS) Salt or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus D (TY) Cattail (Typhe sp.) spicate) sp.) (JR) Black needlerush (Juncus El (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 Ill(A) Private w/D&F up to 1 acre; 111(D) Priv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 cant 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 El Express Permit- $2000 acre; 3490 can be applied - $400 El Major development extension request - 0 U. Public or commerciaUno dredge RECEIVEu $100 and/or fill - $400 1. Private no dredge and/or fill - $250 111(C) Priv. public or Comm wiD&F to 1 MAN 27 2017 acre; 3490 can be applied; DCM needs DWQ agreement - $400 Applicant: Town of Southern Shores Date: 03/2Z2017 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In your Activities code sheet TYPE REPLACE j Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Dredge New Work Replace 16, 064sf Maint ❑ ❑ Y ®N irregulor Fill New work Replace 2,500' 164.48' Maint ❑ ❑ Y ® N Fill New Work 0 Replace 2,500' 244' Maint ❑ ❑ Y ® N New Work 0 Replace Maint El ❑Y[IN New Work EF Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace 1 Maint ❑ ❑ Y ❑ N New Work 0 Replace 2y �J Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied tor. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration andlor restoration or and/or temp restoration or temp Impact teMD im acts) Impact amoun) tamp impacts) amount 16,064sf 16,064sf Waterbottom Dredge ® Fill ❑ Both ❑ Other El Water Bottom Dredge [I Fill® Both Other 610,516sf 610,516sf High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 411,984sf 411,9848f Shoreline Dredge ❑ Fill ❑ Both ❑ Other ❑ Z,500 Z,500 Dredge ❑ Fill ❑ Both ❑ Shade ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIII ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED MAR 2 7 2017 DCM- MHD CITY DCM Coordinator: �pp��I�Q Permit #: rr MAHdNG DISTRIBUTION S/HEET- Permitee:- /o,o„ �k +YS S37S N': Yr1K/dra -1, l ^I/ �hl�i� � Agents DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: /Of z79f� z gyos (with revised work plan drawings) 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, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley Heidi Cox (WIRO) Clif Whitfield (WARD) Shane Staples Curt Weychert David Harris Shannon Jenkins Tim Walton Karen Higgins Kristy Lynn Carpenter (NC DOT -All Projects) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berne, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Carteret, Onslow, Pender, New Hanover) Chad Coburn — 401 (Brunswick) Georgette Scott - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn � (WARO) LPO: WtS F7 6 loran 1�27u1rCI1 S�rOrrS Fax Distribution: Permittee #: Agent# DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD A) APPLICANT: Town of Southern Shores County: Dare LOCATION OF PROJECT: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. DATE APPLICATION ACCEPTED BY FIELD REP: 03/15/17 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD SPECIALIST: Lynn Mathis � DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: t Date: 3 13 /7 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 475 (60/40%1 PUBLIC NOTICE REC'D: Advertise: 3/A jj 7 END OF NOTICE DATE: Comments due@ Vlt5ll ADJ. RIP. PROP NOTICES REC D: DEED REC'D: 7 APPLICATION ASSIGNED TO: �dn.� ON: C) 75 DAY DEADLINE: 05/29/17 150 DAY DEADLINE: MAIL OUT DATE: Circulation: -7/3.3 �/ I STATE DUE DATE: Comments due: Y//3 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Q V(I Division of Community Assistance k Land Quality Section--DEMLR bwaxotMAI.N�p1urK�How, DWR/DWQ—A4aifsc.RretcettM- ` 7 % DWR/DWQ - Storm Water DWR— Public Water Supply State Property Office �� 7 X Division of Archives & History —Cultural Res. 1-sill jc Division of Env. Health —Shellfish Sanitation `t r Division of Highways --DOT 3 24 ( 7C Wildlife Resources Commission l r3 11 'X t1 n,n Local Permit Office/Planning Dept. 3 ?$ I l X DMF—DCM Fisheries Resource Specialist a (Z K 2017 Corps of Engineers k Slhw(( 252-255-0876 TOWN HALL 01:36:44 p.m. 03-28-2017 1 /1 Coastal Management ENVIGONMENTAL QUALITY March 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: ROY COOPER Goremor MICHAEL S. REGAN Seemiary BRAXTON C. DAVIS alrevinr Wes Haskett Town Planner/Code Enforcement Officer, Southern Shores Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores - Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and retumithis form by 04/13/17 to 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data:are 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 DATE Nothing Compares, -a State otNoslh Cmolmo I Envhomnental Quality] Coastal Managemeol . 401 S. G ffm St. Ste 3001 Elizabeth City. NC 27909 252-264-39011252-331.2951 If.) / ROY COOPER C;Mmor = MICHAEL S. REGAN A. Acrawy ,,a 13RAXTON C. DAVIS lJlrtclor Coastal Management ENVIRONMENTAL OVALITY March 23, 2017 MEMOI2ANDIJM TO: David B. Harris, Roadside Erosion Control & Vegetation Management Engineer, NCDOT Roadside Environmental Unit FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue Morehead Ci NC 28557 faz: 252-247-3330 . If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264.3901, ext. 234. When appropriate, in-depth continents with supporting data are requested. REPLY: ZThis 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 SIGNED / DATE Zak a othinCompares ..., siaw o rah Q+roha 16uviro '=tW Quality, I cmnulMon g& t 01 S. Cri[fiR St, SW 300 1 52 26d3901rI 252- 7 C=95 NC 99 10/10 39Vd i.OQON 66LOTEEZSZ 69:60 LSOZ/6Z/60 t: CoastalManagement ENVIRONMENTAL QUALITY March 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: Clif Whitfield, Environmental Engineer DWR — PublicWater Supply Section, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management ROY COOPER Govemar MICHALL S. REGAN Secretary BRAXTON C. DAVIS Dircotor PLECEIVED MAR 2 8 2017 BY: CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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 1 SIGNED C&��A&P7�IW DATE -^`Nothing Compares..-.,. State of North Carolina I Fnvironnxatal Quality I Coastal hfnaegement 401 S. Griffin St., Ste 3001 Mzebeth City, NC 27969 252-264-3901 I252-331-2951 [fm] Coastal Management ENVIRONMENTAL OVALITV March 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: RECEIVED MAR 282011 DOA STATE PROPER78 OFFICE Tim Walton, Manager State Property Office Doug Huggett, Major Permits Coordinator Division of Coastal Management ROY COOPER Gove,nor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Drmclor CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: agency has no objection to the project as proposed. &Sk,� 0'� rpur% Zhisagency has no comment on the proposed project. K. � NA�1� I Spot e5 This agency approves of the project only if the recommended changes are incorporated. See attached. r� This agency objects to the project for reasons described in the attached 1 comments. RECEIVED v MAR $1 2011 SIGNED DATE CM- MHD CITY ing Compares State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC 27909 252-264-39011252-331-2951 [fax] 1 I a. I � l�J Coasta(Management ENVIRONMENTAL OUALITY March 23, 2017 MEMORANDUM TO: FROM: :.'SUBJECT: Applicant; Pro jecf Location: -' Proposed Project: ,_Pl6ase indicate belc form;by 04/13/17 t Jf,you have any qu t264=39011 ext. 234. ROY COOPER Gowmar MICHAEL S. REGAN S"rrwy BRAXTON C. DAVIS Director Lee Padrick Division of Community Assistance Doug.Huggett, Major Permits. Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores Extending along the ocean beach shoreline beginning at the Southern ShoresMtty Hawk Town line & terminating at.44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Beach Nourishment agency's position or viewpoint on the proposed project and return this stions regarding the proposed project, please contact Lynn Mathis at (252) When appropriate, in-depth comments with supporting data are requested. "'REPLY:-` '`r. This agency has no objection to the project as proposed. 4 .r :This agency has no comment on the proposed project. t This agency approves of the project only if the recommended changes are incorporated. See attached. " This agency- objects to the project for reasons described in the attached comments. DATE 9-7/—/ 7 -t::>�Nothing Compares_. 'State of Nonh Carolina I EasvuzIrnental Quality I Coastal Management 401:S. Gri6h St., Ste 3001 Elizabeth. City. NC 27909 252-264-39011252-331-2951 Ifaal I,! ,.i Coastal Management ENVIRONMENTAL QUALITY March 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: MAR 2 7 201,1 J � �Ie ;ish Sanitation E RE:"==_: c Water Quality Sec: Shannon Jenkins Environmental Health— Shellfish Sanitation Doug Huggett, Major Permits Coordinator Division of Coastal Management ROY COOPER Gowrnar MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Direclor CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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. RECEIVED SIGNED DATE LI`f ApR 0 � (117 �dhatinok�n i k, lS >"Nothing Compares State of North Caroluua I Environmental Quality I Coastal Management p C M - M H D CITY 401 S. Griffin St., Ste 3001 Elimbeth City, NC 27909 252-264-39011252-331-2951 [fax] l,a Coastal Management ENVIRONMENTAL OUALITV March 23, 2017 MEMORANDI TO: FROM: SUBJECT: Applicant: ROY COOPER Gown,or MICHAEL S. REGAN Semlary BRAXTON C. DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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 agenfobjectstotroject for reasons described in the attached RECEIVED TE 7y • 3& iT APR 3 2017 ---�'—NothingCompares DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 401 S. Griffin St., Ste 3001 Elizabeth City, NC 27909 252-264-39011 252-331-2951 [fax] Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Doug Huggett, Major Permits Coordinator Division of Co71CF, anagement FROM: Charlan Owen NE District Planner Division of Coastal Management ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SUBJECT: Major Permit Request by the Town of Southern Shores for beach nourishment of 2,500 feet of oceanfront beach with material obtained from a borrow site located in the Atlantic Ocean that will cover approximately 23 acres extending from the southern town limit to 44 Ocean Boulevard, in the Town of Southern Shores. DATE: March 30, 2017 Consistency Determination: The request is consistent with/not in conflict with Town of Southern Shores CAMA LUP Update certified by the CRC on August 30, 2012 and the Town of Kitty Hawk 2004 Core Land Use Plan (LUP) certified by the CRC on June 17, 2005. Overview: The project areas consist of 2,500 feet of oceanfront shoreline extending from the Town of Kitty Hawk/Town of Southern Shores town limit north to 44 Ocean Boulevard; the Byrd Street Public Access and parking area in Kitty Hawk, the Hilton Garden Inn parking area located at 5353 North Virginia Dare Trail in Kitty Hawk; the Ocean View Loop Beach Access in Southern Shores, and; a site totaling 1,173 acres in the Atlantic Ocean on the Outer Continental Shelf (OCS) located 19.2 miles from the shoreline area. There are approximately twenty-eight (28) developed residential lots and three (3) beach access points along the oceanfront shoreline project area. Erosion rates in this area are 2 feet per year. An accretion area between 0 to .8 feet per year extends from Ocean View Loop Beach Access north to 44 Ocean Boulevard. Floodzones along the oceanfront shoreline are VE (EL 12). The Byrd Street Public Access is located east of the Byrd St. intersection with NC 12 and consists of a constructed walkway and an emergency vehicular access. The associated 24,000 sq. ft. paved parking area is located at the northeast corner of Byrd Street and Lindbergh Avenue, 280 feet west of the public access. Beach nourishment of 2,500 feet of oceanfront beach and nearshore with material obtained by dredging from the ocean borrow site is proposed. The project will extend from the southern town limit and end with a 1,000 foot long taper at 44 Ocean Boulevard. The average project width will be 409 feet with a maximum project width of 540 feet. The placement of material will fill a maximum width of 244 feet of Atlantic Ocean below mean high water and a maximum width of 164 feet of beach above mean high water. Total coverage area will be approximately 23 acres. Approximately 96,000 cubic yards of beach quality sand will be removed from the borrow area. A hopper dredge will be used to collect sand from the borrow area. Obtained sand will be transported to a pump -out site just offshore and then piped the remaining distance to the beach. Nothing Compares RECEIVED State of North Carolina I Environmental Quality l Coastal Managemem Elizabeth Ctty Office 1 401 South Grrffm Street, Suite 300 1 Elizabeth City, North Carolina 27909 APR 0 3 2017 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 5 A temporary dike will be constructed parallel to the shoreline and sand slurry will be pumped on the landward side of the dike. Excess water will be directed around the edge of the dike and back into the ocean. As sand is being pumped on the beach, bulldozers and front end loaders will move the sand where needed to shape the new beach profile. Dredging will be conducted 24 hours a day, 7 days a week as weather permits and is estimated to take approximately 3.5 months. A summer month construction window is proposed. Staging of equipment will occur from the Byrd Street Public Access and parking area. Equipment will access the beach via the Hilton Garden Inn on the north side of the Kitty Hawk Pier (in Kitty Hawk) and the Ocean View Loop Beach Access (in Southern Shores). Upon project completion, the Town will install sand fencing along the project area landward of the seaward toe of the reshaped dune. No historic properties or properties eligible for inclusion in the National Register are present within the proposed placement area. An archaeological assessment of the borrow area is included in the application. Areas of potential cultural resource significance have been identified within the borrow area and buffers have been established for avoidance. According to sediment analysis of the borrow site provided by the applicant's consultant, sands in the borrow site are within the allowable limits for placement on the receiving beach. Potential impacts to sea turtles, marine mammals, fish, and benthic organisms are recognized. Measures will be taken to identify and relocate any sea turtle nests and reduce potential takings of protected species. It is noted that threatened and endangered species are known to occur in or near the project area and may be impacted by the beach nourishment project. The Atlantic Ocean is designated as "Coastal Waters" with a water quality classification of SB (Primary Recreational, aquatic life propagation and survival, fishing and wildlife) and is open to shellfish harvesting. Anticipated Impacts resulting from this project are expected to include: the dredging of .37 acre of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC) and the filling of 14.02 acres of Public Trust Area/Estuarine Waters AEC and 9.46 acres of High Ground within the Ocean Hazard AEC. Basis for Determination: In the Town of Southern Shores, the oceanfront shoreline project area is primarily located along areas designated as "Residential" with two (2) "Recreation" areas and a single "Commercial" area. As indicated on page 62, since the project areas are located within Areas of Environmental Concern (AECs), the "Conservation" designation applies. The following LUP policies may be applicable to this request. �Nothtng Compares--�.- RECEIVED APR 0 3 2017 State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 Sarah Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 D C M- M H D CITY 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 5 Parks and Recreation: Policy 14, page 56. "Encourage the protection, preservation, and maintenance and use of common areas and open space." Natural Hazards: Policy 18, page 57. "Minimize and mitigate potential damages to individual properties from natural hazards." Policy 19, page 58. "Integrate natural resource protection polices with property protection measures." Action Item 19-a, page 58. "Continue enforcement of the Dune Protection regulations." Action Item 19-c, page 58. "Continue enforcement of the Coastal Area Management Act (CAMA) regulations." Policy 24, page 59. "The Town shall support protection and maintenance of the dune system." Action Item 24-a, page 59. "Maintain existing dune vegetation wherever and whenever possible." Action Item 24-b, page 59. "Restore vegetation and install sand fencing to help stabilize dunes and protect against storm surge." Nothing Compares RECEIVED APR 0 3 2017 State of North Carolina I Environmental Quality I Coastal Management DC M- M H D CITY Elizabeth City Office 1 4015outh Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 5 In the Town of Kitty Hawk, the construction access areas are designated as "Commercial Shopping and Working Areas" and "Open Space and Public and Private Recreation Areas" and the staging area is designated as "Commercial Shopping and Working Areas" and "Community Facilities Areas". The construction access areas are located within Areas of Environmental Concern (AECs). The following LUP policies may be applicable to this request: Issue Area #1 Atlantic Ocean Shoreline: Policy #1a, page IX-6. "Kitty Hawk will continue to regulate and support the management of oceanfront shoreline development to protect and preserve the natural and recreational resources along the oceanfront and will continue to acquire oceanfront properties as appropriate." Issue Area #3 Beach Nourishment and Dune Stabilization: Policy #3a, page IX-8. "Kitty Hawk will continue to participate in beach nourishment projects and supports beach nourishment as the preferred shoreline management alternative along the ocean beach. Kitty Hawk supports nourishment projects that utilize sediment with adequate, compatible grain size, address secondary and cumulative impacts, and limit the size and density of structures along the oceanfront in order to maximize the public use of the nourished beach and keep unsuspecting property owners out of harm's way." Issue Area #12 Natural Hazard Areas: Policy #12j, page IX-16. "Kitty Hawk will take actions locally and in conjunction with NCDOT and adjacent jurisdictions to improve traffic safety and drainage to mitigate the impact of localized flooding and seek alternative methods of hazard avoidance." Nothing Compares RECEIVED APR 0 3 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252 264 3901 North Earolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 5 of 5 Issue Area #14 Public Access: Policy #14a, page IX-17. "Kitty Hawk will provide and continue to seek public access opportunities to beaches and public trust waters and supports the development of additional State funded shoreline accesses." Issue Area #22 Tourism: Policy #22a, page IX-23. "Kitty Hawk recognizes the vital importance of tourism to the local economy and supports efforts to maintain its status as a desirable place to visit and vacation. The Town also recognizes the need to address the infrastructure and service demands of the seasonal populations that may occur." Nothing Compares� State of North Carolina I Environmental Quality l Coastal Management Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 252 264 3901 RECEIVED APR 0 3 2017 DCM- MHD CITY J R' ?wR Coastal Management MAR 3 0 201? ENVIRONMENTAL OUALITY ROY COOPER Goveroor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director V. .ality Regional MI nations Section March 23, 2017 Vva:.nington Regional Oflico MEMORANDUM TO: Anthony Scarbrairgh, DWR - Water Quality - 401, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line '& terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern. Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3336). if you haveany questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth'.domnients with supporting data are requested. REPLY: his agency has no objection to the project as proposed. C'�rtM'Ga� �{csavrr(i f Ro} k�Gt R Cy rSI v69 d This agency has no comment on the proposed project. ULiq Ee, M 09 ib i4-1N t-IA4n31t NcOQG}%i ACNt 1' This agency approves of the project .only if the recommended changes are incorporated. See attached. SIGNED' This agency objects to the project. for reasons described in the attached comments. DATE (i 411) 0 ipares� , State of North Carolina (Environmental Quality I Coastal Management 401 S. GtilLrtSt., Ste 3001 Elizabeth City, NC 27909 252-264-39011252-331-2951[ful Water Resources ENVIRONMLNTAL OUALITY April 11, 2017 Town of Kitty Hawk Attn: Mr. John Stockton PO Box 549 Kitty Hawk, NC 27949 Town of Southern Shores Attn: Mr. Tom Bennett 5375 N. Virginia Dare Trail Southern Shores, NC 27949 ROY COOPER um.e mr A4ICHAEL S. REGAN SE.Taar, S. JAY ZIMMERMAN %)irmo, DWR # 15-0460 v2 Dare County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions - Modification Towns of Kitty Hawk Beach/Southern Shores Renourishment Project Dear Mr. Stockton and Mr. Bennett: Attached hereto is a copy of Certification No. 4037 issued to the Town of Kitty Hawk and Town of Southern Shores, dated April 11, 2017. This Certification replaces the Certification issued on November 13, 2015 to include additional impacts for beach renourishment for the Town of Southern Shores. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http:/Iwww.ncoah.corl or by calling the OAH Clerk's Office at (919) 431-3000 for information. 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 8:00am and 5:00pm, 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. State ofNonb Carolina I Environmental Quality ! Water Resources 1617 Mail Service Crnter I RaloigN Noah Carolina 27699-1617 919 807 6300 1 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Towns of Kitty Hawk/Southern Shores DWR# 15-0460 v2 Individual Certification #4037 Page 2 of 10 If sending via delivery service (UPS, EedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27669-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Since ely, fVJfI ��L}l1 Ka Gee, Higgins, Supervisor 401 & Buffer Permitting Branch cc: Doug Huggett, DCM Morehead City (via doug.huggett@ncdenr.gov) Lynn Mathis, DCM Elizabeth City (via lynn.mathis@ncdenr.gov) Josh Pelletier, USACE Washington Regulatory Field Office (via josh.r.pelletier@ usace.army.mil) Samir Dumpor, DEMUR WaRO (via samir.dumpor@ncdenr.gov) Kenneth Willson, Coastal Planning & Engineering of North Carolina, Inc. (via email: kenneth.willson@cbi.com) Anthony Scarbraugh, WaRO (via anthony.scarbraugh@ncdenr.gov) DWR 401 & Buffer Permitting Branch file File name: 150460v2TownsofKittyHawk_SouthernShoresBeach Renourishme ntProject(Dare)_401 IC_Mod.docx Towns of Kitty Hawk/Southern Shores DW R4 15-0460 v2 Individual Certification #4037 Page 3 of 10 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4037 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500, to the Town of Kitty Hawk and Town of Southern Shores, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on September 24, 2015; by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on April 9, 2015; and application for modification dated March 23, 2017 and received by the Division on March 27, 2017. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the other conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506 (b) & (c)] Type of Amount Approved Amount Approved Plan location / Impact (units) Permanent (units) Temporary Reference Attached Open Waters OW-1- Fill CAMA PLAN Sheet (Kitty Hawk) 159.64 (acres) 0 (acres) Nos. 3 through 25 of 33 OW-2 - Fill 14.02 (acres) 0 (acres) CAMA PLAN Sheet (Southern Shores) Nos. 3 and 4 of 6 2. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] A Towns of Kitty Hawk/Southern Shores DW R# 15-0460 v2 Individual Certification #4037 Page 4 of 10 3. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Resources, between the hours of 8 am to 5 pm at the Washington Regional Office at (252) 946-6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] 4. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. 115A NCAC 02B .0221] 5. Continuing Compliance The Town of Kitty Hawk and Town of Southern Shores shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC 02B .0200] If the Division determines that such standards or laws are not being met (including the 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, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify the Town of Kitty Hawk, Town of Southern Shores and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to the Town of Kitty Hawk and Town of Southern Shores in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit forthe project. 6. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Unit within ten days of project completion (available at: http•//portal ncdenr org/web/wq/swp/ws/401/certsandPermits/apply/forms). [15A NCAC 02H .0502(f)] 7. No Impacts Beyond those Authorized No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the application, as authorized in the written approval from the Division or beyond the thresholds established for use of this Certification Towns of Kitty Hawk/Southern Shores DWR# 15-0460 v2 Individual Certification #4037 Page 5 of 10 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. 8. 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 applicable, comply vyith 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 all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. 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-Il, 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 04B .0124, Design Standards in Sensitive Watersheds, 9. 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 a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. Towns of Kitty Hawk/Southern Shores DWR# 15-0460 v2 Individual Certification #4037 Page 6 of 30 10. 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 covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCGO10000), inspection log sheets, and other information may be found at http://Dortal.ncdenr.org/web/wq/ws/su/nr)dessw#tab-w. 11. 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. 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. 12. 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. 13. 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. 14. 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 Towns of Kitty Hawk/Southern Shores DW Rq 15-0460 v2 Individual Certification 44037 Page 7 of 10 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. 15. 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. 16. 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 can 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. Towns of Kitty Hawk/Southern Shores DW R# 15-0460 v2 Individual Certification #4037 Page 8 of 10 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 fill projects are constructed across FEMA-designated 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 other soft stream bank stabilization techniques must be used where practicable instead of riprap or other bank hardening methods. 17. 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. 18. All temporary pipes/ culverts/ riprap pads etc, shall be installed in 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 Certification. 19. 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. 20. 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 for velocity control and to ensure structural integrity of bank stabilization measures. 21. If this 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. Towns of Kitty Hawk/Southern Shores DWR# 15-0460 v2 Individual Certification #4037 Page 9 of 10 22. 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:/Iportal.ncdenr.org/web/wolswp/ws/401/certsandpermits/apply/forms. 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. 23. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. 24. In the twenty (20) coastal counties, the appropriate DWR Regional Office must be contacted to determine if Coastal Stormwater Regulations will be required. 25. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 26. 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 Water Quality Certification. 27. 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 DWR Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 28. 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 Certification in order to ensure compliance with all applicable water quality and effluent standards. 29. This certification grants permission to the director, an authorized representative of the Director, or DENR staff, upon the presentation of proper credentials, to enter the property during normal business hours. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The Towns of Kitty Hawk/Southern Shores DWR# 15-0460 v2 Individual Certification #4037 Page 10 of 10 conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506j Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 11th day of April 2017 ctt� f Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/jab 4037 Coastal Management ENVIRONIARNTAI QUTUTY March 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: j ROY COOPER MICHAEL S. REGAN Serwtary 1 �Jl- - - BRAXTON C. DAMS DVIS C� t+ U57G � Renee Gledhill -Early N�'I 31, 11 NC Department of Cultural Resources 3 Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & PILL Permit Application Review Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue Morehead Citv, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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 / DATE Nothing ComparteS,..,. f� p State of'Nordi Cnrolina I Envlromcenml Quality I CO2MI N1=29cment i"fF111 M A n 401 S. Griffin St., Ste 3001 Eliwheth City, NC 27909 L 252-264-39011252-331-2951 [fa ] Coastal Management ENVIRONMENTAL QUALITY March 23, 2017 MEMO TO: FROM: SUBJECT: Applicant: RECEIVED APR 0 3 7017 DCM-rishorlea WARD Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management ROY COOPER Govemor MICHAEL S. RPGAN &Craws BRAXTON C. DAVIS Ulreclor 1. CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty, Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue Morehead Ci NC 28557 fax: 252-247-3330 . If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: ln�Thfs 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 t �/,j7 l.Nothing Compares_-. Stets of North Caroline 1 Fnvlmnmemel QWity I Camtel M, Reeernm 401 S. Griffin St., Ste 300, Elizehath City, NC 27909 252-264-39011252-331.29511he1 Coastat Management ENYIROW49WrAG OUAWY MEMORANDUM: TO: Gregg Bodnar, Assistant Major Permits Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Town of Southern Shores DATE: 4/11117 ROY COOPER Covanar MICb�)sk 3:.4iGAN r '.. ,�stary BRAXTON 0. DAVIS ,y 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 Town of Southern Shores is proposing beach nourishment along the oceanfront shoreline beginning at the Southern Shores/Kitty Hawk town line and terminating at 44 Ocean Boulevard. The total project length will be 2,500 linear feet and will tie in with and run along with the permitted beach nourishment project in the Town of Kitty Hawk. The borrow site for the sand will be an offshore site already permitted for use for neighboring beach nourishment projects. DCM fisheries prefers dredging and beach placement of sand project to adhere to an in -water work moratorium from April 1. — September 30. This period of the year the near shore wash zone where the sand will be placed sees its highest level of biological activity for not only finish but crustaceans as well. However, since this project will be a continuation of neighboring projects that have been permitted and will be occurring during the summer months a moratorium will not be requested as the project occurring at a separate time could cause a longer project time and increase the time of impacts. Additionally, the borrow site may be a portion. of the project that will be protected by the summer timing of the project as the offshore shoals near the borrow site are heavily used as wintering grounds for Atlantic Sturgeon. Contact Shane Staples at (A2) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State of North Carolina I Environmental. Quality I Coastal Management Washington Office 1943 Washington Square Mail 1 Washington, North Cafolhia 27899 252946.6481 :t Coastal Management ENVIRONMENTAL QUALITY March 23, 2017 MEMORANDUM TO: FROM: SUBJECT: Applicant: ROY COOPER Gnreol, MICHAEL S. REGAN semuuy BRAXTON C. DAVIS Diwe for Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA/DREDGE & FILL Permit Application Review Town of Southern Shores AP8 2017 'y V'tiLn"S i J Y N tn�c�9`ryi Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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 A, i 1� DATE 1:�13-221-' -' 'Nothing Compares -- ,- State of NorW Carolina! Environmental Quality! Coastal Management 401 S. Griffin SL, Ste 3001 Elisabeth City, NC 27909 252-264-3901'252-331-2951 [far] I 91 North Carolina Wildlife Resources Commission n Gordon Myers, Executive Director MEMORANDUM TO: Gregg Bodnar NC Division of Coastal Management FROM: Maria T. Dum Habitat Conservation Division DATE: April 13, 2017 SUBJECT: CAMA Dredge/Fill Permit Application for Town of Southern Shores, Dare County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the public notice with regard to impacts on fish and wildlife resources. The proposed project would occur beginning at the Southern Shores / Kitty Hawk town line and terminating at 44 Ocean Boulevard, off NC Hwy 12 in the Town of Southern Shores, adjacent the Atlantic Ocean in Duck, NC. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16 U.S.C. 661 et seq.). The Town of Southern Shores proposes to nourish 2,500' of ocean front with material from an offshore borrow source in conjunction with the towns of Duck, Kitty Hawk, and Kill Devil Hills nourishment projects. These borrow areas, Borrow Sites A and C, are to be used for all four towns, ,Mth the Town of Southern Shores accounting for approximately 80,000 CY. Material will be removed by hopper dredge, cutterhead dredge, or both and placed on the beach via a pipeline or via a hopper dredge to a pumpout site just offshore and then piped the remaining distance. Abundance trawling (pre -project) and relocation trawling for sea turtles will implemented. A temporary dike will be constructed parallel to the shoreline and a sand slurry will be pumped on the landward side of the dike. Excess water will be directed around the edge of the dike and routed back to the ocean. As material is placed on the beach, heavy equipment will manipulate the new beach profile. The applicant has requested the ability to work 24 hours allay, 7 days a week, during any time of the year. The NCWRC has reviewed the permit application and is concerned with the impacts the project may have on wildlife resources if conducted during the nesting seasons of shorebirds and sea turtles. Federally protected species that utilize the area include piping plover (Charadritts melodus melodus), red knot (Calidris canunu• ntfa), roseate tern (Sterna dougallii dougallii) and Kemp's Ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata), Icatherback (Dermochelys coriacea), loggerhead (Caretta Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)707-0220 • Fax: (919)707-0028 1 Crmp Town of Southern Share. Page 2 April 13, 2017 caretta), and green (Chelonia mydas) sea turtles. Conducting nourishment activities during the nesting shorebird moratorium April 1 -- August 31, and the sea turtle nesting moratorium, May I — November 15, or until the last known nest has hatched, may have an adverse effect on some individuals even if measures are taken to minimize impacts. These moratoria were established to protect threatened and endangered species that use the shoreline for foraging and nesting. The applicant states the need to work during these moratoria is due to adverse weather and the increased cost of the project. Although we understand weather during the winter months will make the project more difficult, the impact of this project and the cumulative impact of other projects during the nesting season may adversely affect wildlife resources. The proposed construction schedule includes the time of peak migration for beach nesting shorebirds. These birds forage in the project area during their migration along the Atlantic shore. Potential impacts may include direct disturbance of birds as a result of continuous construction activities and decreased recruitment of invertebrates that provide food. Placement of material on the beach during the summer season would decrease invertebrate populations, especially if beach nourishment work is done in subsequent years. Placement of material on the beaches outside the summer months would minimize these impacts. Dredging, especially by hopper dredges, during May through November would increase the likelihood of sea turtle take incidents. The NMFS limits the number of incidental takes of sea turtles by dredging activity in the southeastern U.S. Should this project result in turtle mortality, we assume they would contribute to the overall allowance of incidental takes for dredging activities in the southeast. Additionally, the placement of material on beaches may disrupt turtle nesting by causing lost nesting opportunities, destruction of unmarked nests (not all eggs can be successfully located by nesting monitors), and the misorientation of hatchlings due to artificial lights used at night on construction equipment. Even with the proposed intensive monitoring for nesting turtles, a percentage of nests are still expected to be unsuccessful due to missed nests or relocation failures. Some indirect impacts may include an increased disturbance of nesting females and reduced availability of suitable nesting habitat due to changes in the beach's physical characteristics, such as increased escarpment formation, increased compaction levels, and other changes. Beach quality material that is compatible with native beach material and meets the NC Division of Coastal Management's sediment criteria is essential. If during construction non -compatible material is placed on the beach, nourishment activities should stop, state and federal agencies should be notified, and it should be determined if the dredge needs to move to an alternative location within the borrow source to obtain compatible material. Additionally, state and federal agencies should assess the non -compatible material for removal to determine if mitigation is required - In conclusion, the NCWRC is concerned with the increased frequency and extent of beach nourishment and the potential cumulative impact of these projects to shoreline habitats. While we prefer the project be constructed outside of the sea turtle and shore bird nesting moratoria, including this project in conjunction with other nourishment projects that have received relief from the preferred moratoria for this cycle will reduce time, costs, and allow this section of oceanfront to recover from the event holistically rather than be impacted again the next or following season. Therefore, we do not object to the issuance of the permit provided measures to minimize impacts to wildlife resources are included and NCWRC is allowed to work with our federal partners, county officials, and the contractor to ensure the most effective mitigation strategies are employed. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at nuu ia.dwin a.lxwildlife.org Coastal Management ENVIRONMENTAL QUALITY tl I • •_2 , �� TO: Greg Bodnar, Assistant Major Permit Coordinator, NCDCM THROUGH: Frank Jennings, District Manager, NCDCM FROM: Lynn Mathis, Field Specialist, NCDCM�� DATE: April 12, 2017 ROY COOPER GImm.r MICHAEL S. REGAN secretary BRAXTON DAVIS Director SUBJECT: Town of Southern Shores CAMA Major Permit Recommendations The Town of Southern Shores is proposing a one-time beach nourishment along 2,500 linear feet (0.47 Miles) of ocean beach shoreline and dunes paralleling Ocean Boulevard from the Southern Shores/Kitty Hawk Town line to 44 Ocean Boulevard. The project will include the placement of beach quality sand along the 2,500' stretch of ocean beach and nearshore to provide a wider beach and buffer storm impacts to the adjacent residential and vacation rental properties. The main placement area will begin at the southern Town line baseline station 0+00 and extend 1,500' northward. A taper will extend an additional 1,000' and terminate at 44 Ocean Blvd at baseline station 25+08. The placement of sand will widen the beach and offshore bar and attenuate wave action before reaching adjacent structures. It is also the intent of this project to replace erosion losses and augment the regional sand supply by using a non -littoral sand source, more specifically, Borrow A, which is located 19.2' miles offshore within federal waters. The placement would not include the storage of equipment, construction activities or the placement of sand over any existing dunes or vegetation. Sand will be placed in a manner to match the natural contours of the dry beach, focusing placement within the "active" beach zone. 15A NCAC 07H .0312 TECHNICAL STANDARDS FOR BEACH FILL PROJECTS Placement of sediment along the oceanfront shoreline is referred to in this Rule as "beach fill." Sediment used solely to establish or strengthen dunes or to re-establish state -maintained transportation corridors across a barrier island breach in a disaster area as declared by the Governor is not considered a beach fill project under this Rule. Beach fill projects including beach nourishment, dredged material disposal, habitat restoration, storm protection, and erosion control may be permitted under the following conditions: (1) The applicant shall characterize the recipient beach according to the following methodology: (a) Characterization of the recipient beach is not required for the placement of sediment directly from and completely confined to a maintained navigation channel or associated sediment basins within the active nearshore, beach or inlet shoal system; N/A RECEIVED — '- 'Nothing Compares... APR 17 2017 State of North Carolina I Environmental Quality I Coastal Management 401 S Griffin Street I Suite 3001 Elizabeth City. NC 27909 ®i.•/�+ M "' M H ry V CITY 252-264-3901 r Town of Southern Shores Major Permit Recommendations Page 2 (b) Sediment sampling and analysis shall be used to capture the three-dimensional spatial variability of the sediment characteristics including grain size, sorting and mineralogy within the natural system; See the Geotechnical Report in Appendix C. (c) Shore -perpendicular topographic and bathymetric surveying of the recipient beach shall be conducted to determine the beach profile. Topographic and bathymetric surveying shall occur along a minimum of five shore -perpendicular transects evenly spaced throughout the entire project area. Each transect shall extend from the frontal dune crest seaward to a depth of 20 feet (6.1 meters) or to the shore -perpendicular distance 2,400 feet (732 meters) seaward of mean low water, whichever is in a more landward position. Transect spacing shall not exceed 5,000 feet (1,524 meters) in the shore -parallel direction. Elevation data for all transects shall be referenced to the North American Vertical Datum of 1988 (NAVD 88) and the North American Datum of 1983 (NAD 83); See Appendix D: 2015 Hydrographic and Topographic Survey Report for Duck, Kitty Hawk and Kill Devil Hills. (d) No fewer than 13 sediment samples shall be taken along each beach profile transect. At least one sample shall be taken from each of the following morpho dynamic zones where present: frontal dune, frontal dune toe, mid berm, mean high water (MI-IW), mid tide (MT), mean low water (MLW), trough, bar crest and at even depth increments from 6 feet (1.8 meters) to 20 feet (6.1 meters) or to a shore -perpendicular distance 2,400 feet (732 meters) seaward of mean low water, whichever is in a more landward position. The total number of samples taken landward of MLW shall equal the total number of samples taken seaward of MLW; In agreement with the Division of Coastal Management, the Town of Southern Shores used five profile samples from the Town of Kitty Hawk's "Shoreline Protection Project". A single profile was required from within the Southern Shores project limits. See Table 1 of the Project Narrative. See also page 3 of Appendix C. (e) For the purpose of this Rule, "sediment grain size categories" are defined as "fine" (less than 0.0625 millimeters), "sand" (greater than or equal to 0.0625 millimeters and less than 2 millimeters), "granular" (greater than or equal to 2 millimeters and less than 4.76 millimeters) and "gravel" (greater than or equal to 4.76 millimeters and less than 76 millimeters). Each sediment sample shall report percentage by weight of each of these four grain size categories; See Compatibility Analysis in Appendix C. (f) A composite of the simple arithmetic mean for each of the four grain size categories defined in Sub -Item (1)(e) of this Rule shall be calculated for each transect. A grand mean shall be established for each of the four grain size categories by summing the mean for each transect and dividing by the total number of transects. The value that characterizes grain size values for the recipient beach is the grand mean of percentage by weight for each grain size category defined in Sub -Item (1)(e) of this Rule; See Appendix B, page 7 (Beach Characterization). (g) Percentage by weight calcium carbonate shall be calculated from a composite of all sediment samples along each transect defined in Sub -Item (1)(d) of this Rule. The value that characterizes the carbonate content of the recipient beach is a grand mean calculated by summing the average percentage by weight calcium carbonate for each transect and dividing by the total number of transects. For beaches on which fill activities have taken RECEIVED !-'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management APR 17 2017 401 S Griffin Strew I Suite 3001 FJhbeth City, NC 27909 252-264-3901 DCM- MHD [:ITV Town of Southern Shores Major Permit Recommendations Page 3 place prior to the effective date of this Rule, the Division of Coastal Management shall consider visual estimates of shell content as a proxy for carbonate weight percent; Per page 5 of Appendix C, Content determined and displayed in Granularmetric Report. (h) The total number of sediments and shell material greater than or equal to three inches (76 millimeters) in diameter, observable on the surface of the beach between mean low water (MLW) and the frontal dune toe, shall be calculated for an area of 50,000 square feet (4,645 square meters) within the beach fill project boundaries. This area is considered a representative sample of the entire project area and referred to as the "background" value; For this project the Town of Southern Shores was permitted to use sample data collected for the Town of Kitty Hawk Beach Protection Project. See Appendix C, page 5 (Qualifying Clasts > Three Inches). (i) Beaches that received sediment prior to the effective date of this Rule shall be characterized in a way that is consistent with Sub -Items (1)(a) through (1)(h) of this Rule and shall use data collected from the recipient beach prior to the addition of beach fill. If such data were not collected or are unavailable, a dataset best reflecting the sediment characteristics of the recipient beach prior to beach fill shall be developed in coordination with the Division of Coastal Management; and, N/A 0) All data used to characterize the recipient beach shall be provided in digital and hardcopy format to the Division of Coastal Management upon request. Provided as requested. (2) The applicant shall characterize the sediment to be placed on the recipient beach according to the following methodology: (a) The characterization of borrow areas including submarine sites, upland sites, and dredged material disposal areas shall be designed to capture the three-dimensional spatial variability of the sediment characteristics including grain size, sorting and mineralogy within the natural system or dredged material disposal area; See Geotechnical Report, Pages 8 and 9. (b) The characterization of borrow sites shall include sediment characterization data provided by the Division of Coastal Management where available. These data can be found in individual project reports and studies, and shall be provided by the Division of Coastal Management upon request and where available; N/A (c) Seafloor surveys shall measure elevation and capture acoustic imagery of the seafloor. Measurement of seafloor elevation shall cover 100 percent of each submarine borrow site and use survey -grade swath sonar (e.g. multibeam or similar technologies) in accordance with current US Army Corps of Engineers standards for navigation and dredging. Seafloor imaging without an elevation component (e.g. sidescan sonar or similar technologies) shall also cover 100 percent of each borrow site and be performed in accordance with US Army Corps of Engineers standards for navigation and dredging. Because shallow submarine areas can provide technical challenges and physical limitations for acoustic measurements, seafloor imaging without an elevation component may not be required for water depths less than 10 feet (3 meters). Alternative elevation surveying methods for water depths less than 10 feet (3 meters) may be evaluated on a case -by -case basis by the Division of Coastal Management. Ele`` E IV E D APR 17 201? `NothingCompares �� State of North Carolina I Fnvuu mental Quality I Coutal Management D C M— ' •' H D �.: 'FT i@g 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 Jr Town of Southern Shores Major Permit Recommendations Page 4 data shall be tide- and motion -corrected and referenced to NAVD 88 and NAD 83. Seafloor imaging data without an elevation component shall be referenced to the NAD 83. All final seafloor survey data shall conform to standards for accuracy, quality control and quality assurance as set forth by the US Army Corps of Engineers (USACE). The current surveying standards for navigation and dredging can be obtained from the Wilmington District of the USACE. For offshore dredged material disposal sites, only one set of imagery without elevation is required. Sonar imaging of the seafloor without elevation is not required for borrow sites completely confined to maintained navigation channels, sediment deposition basins within the active nearshore, beach or inlet shoal system; This information is available in Appendix C of the Geotechnical Report submitted for the Town of Kitty Hawk, Duck and Kill Devil Hills applications, Figures 21 and 22 for bathymetric imagery and Figures 27 and 28 for sonar imagery. (d) Geophysical imaging of the seafloor subsurface shall be used to characterize each borrow site and shall use survey grids with a line spacing not to exceed 1,000 feet (305 meters). Offshore dredged material disposal sites shall use a survey grid not to exceed 2,000 feet_(610 meters) and only one set of geophysical imaging of the seafloor subsurface is required. Survey grids shall incorporate at least one tie point per survey line. Because shallow submarine areas can pose technical challenges and physical limitations for geophysical techniques, subsurface data may not be required in water depths less than 10 feet (3 meters), and the Division of Coastal Management shall evaluate these areas on a case -by -case basis. Subsurface geophysical imaging shall not be required for borrow sites completely confined to maintained navigation channels, sediment deposition basins within the active nearshore, beach or inlet shoal system, or upland sites. All final subsurface geophysical data shall use accurate sediment velocity models for time -depth conversions and be referenced to NAD 83; Provided in Geotechnical Report submitted for the Town of Kitty Hawk, Duck and Kill Devil Hills applications, Figures 16 and 17 and in Appendix 9 in Appendix C. (e) Sediment sampling of all borrow sites shall use a vertical sampling device no less than 3 inches (76 millimeters) in diameter. Characterization of each borrow site shall use no fewer than five evenly spaced cores or one core per 23 acres (grid spacing of 1,000 feet or 305 meters), whichever is greater. Characterization of borrow sites completely confined to maintained navigation channels or sediment deposition basins within the active nearshore, beach or inlet shoal system shall use no fewer than five evenly spaced vertical samples per channel or sediment basin, or sample spacing of no more than 5,000 linear feet (1,524 meters), whichever is greater. Two sets of sampling data (with at least one dredging event in between) from maintained navigation channels or sediment deposition basins within the active nearshore, beach or inlet shoal system may be used to characterize material for subsequent nourishment events from those areas if the sampling results are found to be compatible with Sub -Item (3)(a) of this Rule. In submarine borrow sites other than maintained navigation channels or associated sediment deposition basins within the active nearshore, beach or inlet shoal sygtED where water depths are no greater than 10 feet (3 meters), geophysical i , . the seafloor are not required, and sediment sample spacing shall be no less than one core APR 17 2017 -5'-'Nothing Compares -,, DCM- MHD CITY State of North Caroline I Environmental Quality I Coaxal Management 401 S Griffin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 v Town of Southern Shores Major Permit Recommendations Page 5 per six acres (grid spacing of 500 feet or 152 meters). Vertical sampling shall penetrate to a depth equal to or greater than permitted dredge or excavation depth or expected dredge or excavation depths for pending permit applications. All sediment samples shall be integrated with geophysical data to constrain the surficial, horizontal and vertical extent of lithologic units and determine excavation volumes of compatible sediment as defined in Item (3) of this Rule; See Appendix 11: Vibracore logs, Appendix 12: Vibracore photos, and Appendix 13: Individual Vibracore Granularmetric Reports (in Appendix C) submitted with the Kitty Hawk Beach Protection Project application. (f) For offshore dredged material disposal sites, the grid spacing shall not exceed 2,000 feet (610 meters). Characterization of material deposited at offshore dredged material disposal sites after the initial characterization are not required if all of the material deposited complies with Sub -Item (3)(a) of this Rule as demonstrated by at least two sets of sampling data with at least one dredging event in between; N/A (g) Grain size distributions shall be reported for all sub -samples taken within each vertical sample for each of the four grain size categories defined in Sub -Item (1)(e) of this Rule. Weighted averages for each core shall be calculated based on the total number of samples and the thickness of each sampled interval. A simple arithmetic mean of the weighted averages for each grain size category shall be calculated to represent the average grain size values for each borrow site. Vertical samples shall be geo-referenced and digitally imaged using scaled, color -calibrated photography; See Appendix 11: Vibracore logs, Appendix 12: Vibracore photos, and Appendix 13: Individual Vibracore Granularmetric Reports (in Appendix C) submitted with the Kitty Hawk Beach Protection Project application. (h) Percentage by weight of calcium carbonate shall be calculated from a composite sample of each core. A weighted average of calcium carbonate percentage by weight shall be calculated for each borrow site based on the composite sample thickness of each core. Carbonate analysis is not required for sediment confined to maintained navigation channels or associated sediment deposition basins within the active nearshore, beach or inlet shoal system; See Appendix 16 and 17 as previously noted in (d). (i) All data used to characterize the borrow site shall be provided in digital and hardcopy format to the Division of Coastal Management upon request. (3) The Division of Coastal Management shall determine sediment compatibility according to the following criteria: (a) Sediment completely confined to the permitted dredge depth of a maintained navigation channel or associated sediment deposition basins within the active nearshore, beach or inlet shoal system is considered compatible if the average percentage by weight of fine- grained (less than 0.0625 millimeters) sediment is less than 10 percent; N/A (b) The average percentage by weight of fine-grained sediment (less than 0.0625 millimeters) in each borrow site shall not exceed the average percentage by weight of fine-grained sediment of the recipient beach characterization plus five percent; See Geotechnical report for Southern Shores, Table 4 and description on pages 10 and 11. <'s 'Nothinq Compares State of North Carolina I Environmental Quality I Coastal Management 401 S Cmtrin Street I Suite 3001 Elizabeth City, NC 27909 252-264-3901 RECEIVED APR 17 2017 DCM- MHD CITY r I# Town of Southern Shores Major Permit Recommendations Page 6 (c)The average percentage by weight of granular sediment (greater than or equal to 2 millimeters and less than 4.76 millimeters) in a borrow site shall not exceed the average percentage by weight of coarse -sand sediment of the recipient beach characterization plus 10 percent; See Geotechnical report for Southern Shores, Table 4 and description on pages 10 and 11. (d)The average percentage by weight of gravel (greater than or equal to 4.76 millimeters and less than 76 millimeters) in a borrow site shall not exceed the average percentage by weight of gravel -sized sediment for the recipient beach characterization plus five percent; See Geotechnical report for Southern Shores, Table 4 and description on pages 10 and 11. (e)The average percentage by weight of calcium carbonate in a borrow site shall not exceed the average percentage by weight of calcium carbonate of the recipient beach characterization plus 15 percent; See Geotechnical report for Southern Shores, Table 4 and description on pages 10 and 11. (f) Techniques that take incompatible sediment within a borrow site or combination of sites and make it compatible with that of the recipient beach characterization shall be evaluated on a case -by -case basis by the Division of Coastal Management. (4) Excavation and placement of sediment shall conform to the following criteria: (a)Sediment excavation depths for all borrow sites shall not exceed the maximum depth of recovered core at each coring location; To be condition by the permit if issued. (b)ln order to protect threatened and endangered species, and to minimize impacts to fish, shellfish and wildlife resources, no excavation or placement of sediment shall occur within the project area during times designated by the Division of Coastal Management in consultation with other State and Federal agencies. The time limitations shall be established during the permitting process and shall be made known prior to permit issuance; To be condition by the permit if issued. (c)Sediment and shell material with a diameter greater than or equal to three inches (76 millimeters) is considered incompatible if it has been placed on the beach during the beach fill project, is observed between MLW and the frontal dune toe, and is in excess of twice the background value of material of the same size along any 50,000-square- foot (4,645 square meter) section of beach. In Kitty Hawk 403 clasts were identified. Per the applicant's consultant CP&E, sufficient data has been submitted as required by rule to meet the Division's criteria. Should the responding agencies determine that a permit can be issued based on their standards I would recommend issuance of the CAMA Major Permit subject to the standard conditions, and mirroring the permits issued to the Towns of Duck, Kitty Hawk and Kill Devil Hills. RECEIVED APR 17 2017 !" Nothing Compares DCM- MHD CIT' State of North Carolina I Environmental Quality I Coastal Management 401 S Griffin Street I Suite 300 1 Elisabeth City, NC 27909 252-264-3901 I . I 1 6 22W Bodnar, Gregg From: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.miI> Sent: Monday, April 24, 2017 1:35 PM To: Bodnar, Gregg Subject: RE: Another update That is correct, Greg! I just modified Kitty Hawk to reflect the Southern Shores portion... -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, April 24, 2017 11:05 AM To: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Subject: [Non-DoD Source] FW: Another update Hey Josh, When you have a minute could you verify Southern Shores for me. Thanks again, Gregg -----Original Message ----- From: Bland, Raleigh W CIV CESAW CESAD (US) [mailto:Raleigh.W.Bland@usace.army.mil] Sent: Monday, April 24, 2017 9:27 AM To: Bodnar, Gregg <gregg.bodnar@ncdenr.gov> Cc: Pelletier, Josh R CIV CESAW CESAD (US) <Josh.R.Pelletier@usace.army.mil> Subject: RE: Another update No issues with Trent Woods. Josh has Southern Shores. I believe Josh modified our issued permits for Duck, KDH, and KH, so there will not be a new permit for Southern Shores from the Corps. Check with Josh to make sure. Thanks! -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Monday, April 24, 2017 8:50 AM To: Bland, Raleigh W CIV CESAW CESAD (US)<Raleigh.W.Bland @usace.army.mil> Subject: [Non-DoD Source] Another update Hey Raleigh, Thanks for the update on Elite Management. Please let me know how things are unfolding so I can update folks here. I also wanted to check in on... Trent Woods in Craven County, stormwater culvert Southern Shores in Dare, beach nourishment Thanks as always for tolerating my constant questions! Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. " °`rh United States Department of the Interior FISH AND WILDLIFE SERVICE ' Raleigh ES Field Office y ,A Post Office Box 33726 �q "' je Raleigh, North Carolina 27636-3726 pr December 21, 2015 Mr. Josh Pelletier Washington Regulatory Field Office Wilmington District, Corps of Engineers 2407 West Fifth Street Washington, NC 27889 Subject: Towns of Duck, Bill Devil.Hills,;tnd Kitty Hawk; Batched Biological Opinion Action ID Numbers: SAW-2014-02202 USFWS Log numbers: Dear Mr. McLendon: SAW 2014-02203 SAW-2014-02204 04EN2000-2015-F-0443 04EN2000-2015-F-0444 04EN2000-2015-F-0445 This document constitutes an amendment to the November 4, 2015, Biological Opinion (BO) on the proposed dredging of offshore borrow sites and disposal of material on the beaches of Duck, Kill Devil Hills, and Kitty Hawk in Dare County. Per discussions with the National Park Service (NPS) and North Carolina Wildlife Resources Commission (NCWRC), the U.S. Fish and Wildlife Service (Service) is aware that two hawksbill sea turtle (Eretmochelys imbricata) nests were discovered (through DNA analysis of eggshells) south of Hatteras on the Cape Hatteras National Seashore in Dare County. Because this species has not been recorded as nesting in North Carolina until now, the consultation for the three Dare County projects listed above did not consider the potential for nesting by hawksbill sea turtles. However, because of the potential for the hawksbill sea turtle to nest in the Action Area, the U.S. Fish and Wildlife Service (Service) has amended the BO to include consideration of this species. RECEIVED DEC 2 8 2015 DCMA MHD CITY Bodnar, Gregg From: Thorpe, Roger Sent: Tuesday, April 25, 2017 2:51 PM To: Bodnar, Gregg Subject: Southern Shores Beach Nourishment Dare County Gregg The subject project will not require a State stormwater permit. Roger Roger K. Thorpe Environmental Engineer Division of Energy, Mineral, and Land Resources North Carolina Department of Environmental Quality 252-948-3923 office roger.thorpe@ncdenr.gov Washington Regional Office 943 Washington Square Mall Washington, NC 27889 — -^Nothing Compares.-.,,... Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY COOPER Gavemor a MICHAEL S. REGAN secm1my BRAXTON C. DAVIS Director Coastal Management ENVIRONMENTAL QUALITY March 23, 2017 MEMORANDUM TO: Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA/DREDGE &'FILL Permit Application Review Applicant: Town of Southern Shores Project Location: Extending along the ocean beach shoreline beginning at the Southern Shores/Kitty Hawk Town line & terminating at 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Proposed Project: Beach Nourishment Please indicate below your agency's position or viewpoint on the proposed project and return this form by 04/13/17 to 400 Commerce Avenue, Morehead City. NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are 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 DATE •'''Nothing Compares State of North Carolina) Environmental Quality I Coastal Management 401 S. Griffin St., Ste 300 1 Elizabeth City, NC27909 252.269.39011252.331-2951 [fax) 1. 2. 3. 4. 5. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of Southern Shores LOCATION OF PROJECT SITE: Extending along the ocean beach in a northerly direction from the Kitty Hawk/Southern Shores Town Line to 44 Ocean Boulevard, off NC 12 in the Town of Southern Shores. Photo Index: 2006.1995 No flight line over the Southern Shores ocean beach 1989: 1 42-51 0, P & Q 11-20 Lat. and Long.: (North End of Project) 36006'28.13" N 75°42'52.97" W (South End of Project) 36°06'05.33" N 75°42'41.15" W INVESTIGATION TYPE: CAMA/ Dredge & Fill INVESTIGATIVE PROCEDURE: Dates of Site Visit: March 17, 2017 Was Applicant Present: No PROCESSING PROCEDURE: Application Accepted: March 15, 2017 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Southern Shores RECEIVED Land Classification: Residential, Commercial and Public (B) AEC(s) Involved: OH, PTA & EW MAR 2 7 2017 (C) Water Dependent: Yes (D) (E) Intended Use: Public Wastewater Treatment: Existing: Septic Systems on individual properti®CM- MHD CITY Planned: None (F) Type of Structures: Existing: Dwellings and beach accessways Planned: Expand Beach, create Sand dunes and Install Sand Fencing (G) Estimated Annual Rate of Erosion: 2' per year 7. HABITAT DESCRIPTION: [AREA] nRFnr:Fn FILLED OTHER (A) Vegetated Wetlands: None (B) Non -Vegetated Wetlands: Borrow A Open Water/Below MHW 16,064sf 610,516sf (C) Other: Above MHW 411,984sf (D) Total Area Disturbed: 1,038,564sf (23.8 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Shellfish Open: Yes 8. PROJECT SUMMARY: The Town of Southern Shores is proposing beach nourishment along the ocean beach fora distance of 2,500', beginning at the Southern Shores/Kitty Hawk Town line and terminating at 44 Ocean Boulevard. The project will entail the dredging of beach quality sand from an offshore borrow and placement of that sand along the ocean beach and nearshore. Town of Southern Shores Shoreline Protection Project Field Investigation Report Page 2 Project Setting The Town of Southern Shores is situated between the Town of Duck to the north and the Town of Kitty Hawk to the south on the Dare County "Outer Banks", and extends from the Atlantic Ocean to Gin Guite Creek and the Cumtuck Sound to the west. Incorporated as a municipality in 1979, the town has limited access by means of US 158 (N. Croatan Road) and NC 12 (Ocean Boulevard/Duck Road). The town has a permanent residential population of —2,867 and consists of 4.17square miles, with 3.72 miles of ocean beach. The Town is characterized as a quiet seaside residential community comprised primarily of small low density neighborhoods consisting of single family homes, with mix of full time residents and seasonal (vacation) visitors. Commercial uses are predominately located along two central business districts on US 158 and Ocean Boulevard, with no commercial activity along the ocean beach. The ocean beach is primarily used for recreation with limited dune and beach habitat. While aerial photographs do not indicate that erosion is as aggressive as in neighboring Kitty Hawk, the limited habitat is the result of normal ongoing disturbance from recreational and residential activities, as well as protective measures such as beach bulldozing. Wildlife that is known to inhabit the beaches and waters within and adjacent to the Southern Shores oceanfront includes, but is not limited to, Horseshoe Crabs (Limulus polyphemus), Ghost Crabs (Ocypode spp.), Mole Crabs (Emerita talpoida), juvenile Hooded Seals (Cytophora cristata), Loggerhead Turtle (Caretta caretta), Brown Pelican (Pelecanus occidentalis), and Gulls (Laridae). Vegetation found on the landward side of the beaches includes, but is not limited to, American Beach Grass (Ammophila breviligulata), Sea Oats (Uniola paniculata), Salt Meadow Hay (Spartina patens), Sea Shore Mallow (Kosstelezykya virginica), Blanket Flower (gallarelia pulchella), Dwarf Palmetto (Subalminor), Sea Rocket (Cakile edentula), Seashore Elder (Iva imbricate), Bitter Panicum (Panicum amarum), and a variety of non -indigenous ornamentals planted by property owners. Located offshore are two Outer Continental Shelf borrow sites (Borrow A and Borrow C) that were identified as sources of sand for the Towns of Duck, Kitty Hawk and Kill Devil Hills' Beach Nourishment projects. In the case of the Southern Shores projects, only Borrow A will be reviewed. Borrow A is located —19.2 nautical miles southeast of the project site within federal waters under the jurisdiction of the Bureau of Energy Management (BOEM). BOEM and the US Army Corps of Engineers (USACE) will be federal co -lead agencies for reviewing environmental documents for the Town of Southern Shores Beach. The width of the beach varies with seasonal accretion and erosion events with little to no homes along the ocean front (within the project area) being characterized as eminently threatened. The erosion rate along the project alignment is 2' per year, with the Division of Coastal Management's Oceanfront Erosion & Accretion Rate Map showing a long-term trend of accretion between 0 to .8'. per year from the Ocean View Loop Beach Access north —1,000' to 44 Ocean Boulevard. This stretch of beach falls within the project taper. Development Proposal The Town of Southern Shores is proposing a one-time beach nourishment along 2,500 linear feet (0.47 Miles) of ocean beach shoreline and dunes paralleling Ocean Boulevard from the Southern Shores/Kitty Hawk Town line to Town of Southern Shores Beach Nourishment Field Investigation Report Page 3 44 Ocean Boulevard. The project will include the placement of beach quality sand along the 2,500' stretch of ocean beach and nearshore to provide a wider beach and buffer storm impacts to the adjacent residential and vacation rental properties. The main placement area will begin at the southern Town line (baseline station 0+00 on the attached plan) and extend 1,500' northward. A taper will extend an additional 1,000' and terminate at 44 Ocean Blvd at baseline station 25+08. The placement of sand will widen the beach and offshore bar and attenuate wave action before reaching adjacent structures. It is also the intent of this project to replace erosion losses and augment the regional sand supply by using a non -littoral sand source, more specifically, Borrow A, which is located 19.2' miles offshore within federal waters. The placement would not include the storage of equipment, construction activities or the placement of sand over any existing dunes or vegetation. Sand will be placed in a manner to match the natural contours of the dry beach, focusing placement within the "active" beach zone. The preferred design will require 80,000cy of sand, with an actual; volume as high as 96,000cy to allow for an estimated 20% loss during construction. Sand will be placed immediately adjacent to private property and will necessitate easements prior to beginning any work. The location of staging area for support vehicles and equipment will be at the Byrd Street Access in the Town of Kitty Hawk, two construction access points will be at Hilton Garden on the north side of the Kitty Hawk Pier (in Kitty Hawk), and the Ocean View Loop Beach Access in Southern Shores. Should access to the beach necessitate additional land disturbance not covered in this application request, additional review may be required. The project totals below are based on the Narrative totals. The project widths stated in the application's Form MP-2 do not appear to be correct. A. Project Length: 2,500' (0.47 mi.) RECEIVED Average Project Width: -409' Maximum Project Width: -540' MAR 2 7 2017 Total Area of Placement:-1,022,500sf or 23.47 acres B. Ave. Project Width Above MHW:-164.48' DCM- MHD CITY Max. Project Width Below MHW: -244' Area of Sand Placement Above MHW: -411,984 square feet (sf) or 9.45 acres. Area of Sand Placement below MHW: -610,516sf or 14.02 acres. The applicant proposes to excavate sand from Borrow A, under federal jurisdiction. This site will also be utilized for Duck, Kitty Hawk and Kill Devil Hills. Borrow A has six design cuts that range from -58.5 to -68' NAVD88 with three no work zones for identified magnetic anomalies. The total amount of proposed dredge material for all projects will be within the available limit in Borrow A. Area of Borrow A = 51,094,137sf Area of Borrow A to be Used in Conjunction with Southern Shores=16,064.11sf Estimated Dredge -able Sand Volume=17,350,00cy Town of Southern Shores Beach Nourishment Field Investigation Report Page 4 Proposed Volume including 20% loss rate for: Duck = 1,358,499cy Kitty Hawk = 2,245,200cy RECE1\/ED Kill Devil Hills=1.095.600cv 4,699,200cy 9 2017 Southern Shores = 96,OOOcv MAR 2 Total = 4,795,200cy The dredge tot"t (r�j��cNipagand Kill Devil Hills, noted in the last paragraph on page 14 in the Narrative are incorrect the totals presented for the permits issued are as noted above. The Duck, Kitty Hawk and Kill Devil Hills will be using both Borrows A and C, which further highlights the abundant availability of beach quality sand for the Southern Shores project. The consultant has provided supporting documentation (in digital form) including Geophysical and Hydrographic Surveys, cross sections profile of the receiving beach showing the requested 13 samples (see attached profile). In agreement with the Division of Coastal Management the remaining five transects were accepted from the Kitty Hawk sample area. In addition, the Town of Southern Shores utilized the clast sampling also undertaken along Kitty Hawk's beachfront. Sand will be obtained from the borrow using a hopper dredge. The sand will then be transported to a nearshore pump -out and pumped to the beach by way of a marked pipeline that will be moved along the shore paralleling the project alignment as needed. A temporary dike will be constructed parallel to the shoreline and a sand slurry will be pumped on the landward side of the dike. Excess water will be directed around the edge of the dike and back into the ocean. As sand is pumped onto the beach, bulldozers, excavators and front end loaders will move the sand where needed to shape the new beach profile. This process will be moved along the beach as needed to complete the process. The construction template will include a berm ranging -100' to -160' wide with an elevation of +6' NAVD88. Dunes requiring reshaping will be constructed at an elevation not to exceed +23.4' NAVD88. Upon completion of the sand placement the Town proposes to construct sand fencing along the project area landward of the seaward toe of the reshaped dune. Abundance trawling and relocation trawling will be used to reduce potential takings of protected species. Additional measures that will include:1) identifying and relocating any existing nests prior to beginning work, 2) sea turtle nest monitoring and relocation as needed, 3) angling and/or shielding of artificial lighting during all night operations to reduce sea turtle nesting and hatchling disorientation, 4) turtle deflectors on the dredge drag head, 5) disengaging pumps when lifting the drag head, and, 6) the use of National Marine Fisheries Service Certified Protected Species Observers aboard the dredge vessel(s). Scheduling of the project will be during the summer months to provide a safer and more flexible environment for the excavation and placement of the sand, and is within the approved window for the adjacent beach nourishment projects. Operations will include dredging 24 hours a day, 7 days a week, as weather permits to facilitate a speedy completion of the project. Based on estimated production rates and the possible construction of the beaches in parallel the minimum time to complete beach nourishment for all four projects is 3.5 months. While summer dredging is presented as being the more efficient time to undertake this project, it also increases the chance of adversely impacting protected or endangered species. Town of Southern Shores Beach Nourishment Field Investigation Report Page 5 Anticipated Impacts 1) During the project, it is anticipated that noise levels will increase above surrounding background (ambient) levels at the dredge site(s) and on the beach from heavy equipment. 2) Per the EA "Marine dredging produces broadband, continuous, low frequency sound that can be detected over considerable distances and may trigger avoidance reactions in marine mammals (Thomsen et al., 2009) and other organisms". 3) Per the EA the water bottom disturbance created by the dredge in the borrow areas "can negatively affect the physiology and feeding behavior of visually orienting fish via increased turbidity", this impact can be reduced by the use of a cutter suction dredge. 4) The placement of sand along the surf zone will have a temporary adverse effect benthic organisms. 5) The placement of sand along the surf zone and dredging of sand at the borrow sites will have a temporary adverse effect on infaunal (burrowing) communities. Per the EA it is anticipated that these communities will be recolonized from adjacent communities. 6) Threatened and endangered species are known to occur in or near project area, and may be impacted by the beach nourishment project. 7) Per Rumbold, Davis and Parretta's book "Estimating the Effect of Beach Nourishment on Caretta caretta (loggerhead sea turtle) Nesting," Collective results from their studies show that beach nourishment significantly diminished loggerhead sea turtle nesting during the first season following the project. Temporary impacts by increased turbidity could result in a decrease in dissolved oxygen during dredging and during the placement of sand on the beach and near shore. 8) It is anticipated the proposed project would have only minor impacts to the marine water column at the borrow areas. 9) The negative temporary effects to benthic organisms could occur during dredging at the offshore borrow sites and during the placement of sand along the oceanfront shoreline. 10) Proposed sand fencing will encourage dune formation that can increase storm protection on a temporary basis. 11) The placement of sand on the existing beach and near shore will widen the beach and provide additional protection from storm activity on a temporary basis. 12) Fill of 5,347,500sf or 122.7 acres of near shore/open water below MHW. 13) Fill of 3,658,000sf or 84.0 acres of beach above MHW. 14) Excavation of 2,600,000cy of sandy water bottom from offshore in Borrow C. Submitted By: Lynn Mathis Date: March 22, 2017 RECEIVED MAR 2 7 2017 DCM- MHD CITY Town of Southern Shores Shore Protection Project Coastal Planning & Engineering of North Carolina, Inc. Town of Southern Shores Shoreline Protection Project The Town of Southern Shores is in the early stages of assessing long term needs to sustain the beaches that support a significant portion of their local economy and maintains the tax base of the Town. Infrastructure protection, storm damage mitigation and rapid recovery from storm events are important considerations. During initial public discussions regarding the assessment of the Town's beaches, an erosion hot spot spanning approximately 1,500 ft. along the southern most portion of the Town was identified. Recently, three other beach towns in Dare County (Kill Devil Hills, Kitty Hawk, and Duck) have obtained permits and authorizations to construct beach nourishment projects. These three projects are scheduled to begin construction in May, 2017 (Figure 1). In an attempt to address the immediate erosion hot spot identified along the Town's southern boundary, while evaluating long-term shoreline management needs, the Town of Southern Shores is seeking their own permits and authorizations to provide a one-time beach nourishment project that would include sand placement along the most critically eroded portion of the Town's shoreline. This project would coincide with the construction of the other three projects. Figure 1. Location of the proposed Duck, Kitty Hawk, Kill Devil Hills, and Southern Shores Shoreline Protection Projects. Town of Southern Shores Shore Protection Project Coastal Planning & Engineering of North Carolina, Inc. The main placement area of the proposed project would begin at the Kitty Hawk/Southern Shores border at baseline station 0+00 and extend 1,500 feet. The proposed construction template consists of a berm ranging from approximately 100 to 160 feet wide, at an elevation of +6 feet NAVD88. A 1,000 foot taper section would tie into the main fill area and terminate at baseline station -25+00 (Figure 2). The amount of material required to construct the main fill template (Station 0+00 to-15+00) is approximately 80,000 cy. Actual dredge volume could be up to 20% higher than the fill volume, dependent upon the loss rate. Using a conservative estimate of 20% loss rate, the total volume dredged from the borrow area would be approximately 96,000 cy. .,., , J P I :aK •ai�ll � it 1� - ji • � ♦ I J ! ;! 'f k .. ,,.-�.= c+ nw s v:uncw svuo •• TT _ t /�yj. pt 4Y2.M1 4Gj E 6kt G Figure 2. Plan view drawing of the proposed Southern Shores Shoreline Protection Project. The beach quality sand will be dredged from Outer Continental Shelf borrow areas using a self- contained ocean -certified hopper dredge, a cutterhead pipeline dredge, or a combination of the two. The borrow area utilized for the Southern Shores Shoreline Protection Project is known as Borrow Area A. This borrow area is located entirely within federal waters, i.e. seaward of the Three Nautical Mile Line, placing them under the jurisdiction of BOEM (Figure 1). Dare County has secured a lease from BOEM for the extraction of up to 4,825,000 cubic yards of material to be used for the aforementioned three beach town projects which includes Borrow Area A and Borrow Area C (which will be used for the Town of Duck only). The lease will be modified as needed such that the volumetric limitations of the lease will allow for the inclusion of this proposed project. Town of Southern Shores Shore Protection Project Coastal Planning & Engineering of North Carolina, Inc. Construction Methods For the use of a cutterhead dredge, sand will be transported from the borrow area to the beach as a slurry via pipeline; use of a hopper dredge would involve transport to a nearshore pump -out location, and subsequent pumping to the beach via pipeline. A sand dike will be constructed on the seaward side of the discharge area. The sand slurry will be discharged behind the temporary dike, and excess water will be directed parallel to the shoreline and around the edge of the dike. Once discharged onto the beach, the material will be shaped and graded using loaders, dozers, and other earth moving equipment. The staging area for this project will be located within the eastern portion of the public parking lot at Byrd Street and the associated construction access includes the portion of Byrd Street extending from the parking lot to the beach No impervious surfaces or alterations to the dunes will be required for use of this area. A construction access will also be located just north of the Kitty Hawk pier, extending from the public parking lot at the Hilton Garden Inn onto the beach. Borrow Areas and Sediment Analysis Coastal Planning & Engineering, Inc. of North Carolina (CPE-NC) conducted a comprehensive sand search using a systematic methodology involving three sequential phases of investigation. Phase I involves a comprehensive desktop study that examined previously collected information within the geologic context of the investigation area in order to identify features with the highest potential of containing project compatible sand. Results of jetprobe investigations of several shoal features offshore Dare County by CPE-NC in 2013 as part of a feasibility study for the Town of Kill Devil Hills were also considered during this phase. Surveying, sampling, and analysis of the Kitty Hawk native beach was also conducted during Phase I. In keeping with the requirements set forth in the North Carolina State Sediment Criteria, CPE-NC performed shore - perpendicular topographic and bathymetric surveys of the native beach to determine the beach profile. The locations of the profiles surveyed by CPE-NC were based off a data set previously collected by the US Army Corps of Engineers, Wilmington District. Each profile was surveyed from a point 150 ft. landward of the vegetation line seaward out to an elevation no less than -20 ft. NAVD88. Of the profiles surveyed, characterization of the Kitty Hawk native beach was generated from samples collected along five generally evenly spaced profiles within the Kitty Hawk project area: 0+00, 50+00, 75+00, 110+00 and 160+00. As required by the State Sediment Criteria, samples were taken at 13 locations along each of the 5 sampling profiles, including: the dune, toe of dune, mid -berm, berm crest, mean high water, mean tide level, mean low water, trough, bar crest and at -12.5, -15.0, -17.5 and -20.0. In total, CPE-NC collected a total of 65 samples within the proposed project area in Kitty Hawk. The composite summary and grain size analysis results are displayed in Table 1 of this project narrative. Additionally, CPE-NC conducted a survey of 50,000 square foot portion of the Kitty Hawk project area, from a point approximately 545 ft. north to 80 ft. south of Bleriot Street, to determine the total number of clasts greater than 3 inches in diameter. A total of 403 clasts greater than 3 inches in diameter were identified during the survey. Information gathered during the Phase I archival literature studies regarding the geological setting of the project area give no indication that hardbottom habitats are present within or in the vicinity of the borrow areas. Additionally, previous geotechnical and geophysical investigations Town of Southern Shores Shore Protection Project Coastal Planning & Engineering of North Carolina, Inc. conducted by the USACE have not indicated the presence of hardbottoms in the area. Finally, analysis of the sidescan sonar data acquired by CPE-NC for the present project indicated no presence of hardbottom habitats or consolidated rock exposures or outcroppings within or in the vicinity of the borrow areas. Phase II investigations involved reconnaissance level geophysical surveys in order to 1) define the extent of sediment layers identified during Phase I research of past jetprobe data and historic vibracore and surface sediment data; 2) develop a vibracore plan to be implemented during Phase III investigations, and 3) identify potential environmental or cultural resources for avoidance during Phase III vibracore investigations. Results of the geotechnical investigations, including geophysical (sonar) surveys, vibracores, hydrographic surveys, archaeological resource surveys and sand compatibility analyses, were performed to develop the final borrow area designs. Design considerations for the proposed borrow areas included: • Construction of the project may be accomplished using a hopper or cutterhead dredge • Location of sufficient sand to construct the three proposed beach nourishment projects for the Towns of Duck, Kitty Hawk, Kill Devil Hills • Beach compatible sand with similar mean grain size and sorting of the project beaches • Avoidance of environmentally sensitive areas such as hardbottom, seagrass beds, etc. • Avoidance of potentially significant cultural resources • Avoidance of nearshore impacts due to wave refraction over borrow areas A summary of the sand compatibility analyses for each area is displayed in Table 1, and indicates these areas contain material deemed compliant with the Kitty Hawk native beach according to standards set forth in the NC State Sediment Criteria (15A NCAC 07H.0312). There are no State Standard Allowances for mean grain size or Munsell color, however, these values are listed in the table for comparison between native beach and borrow areas. Table 1. Results of the compatibility analyses performed for Borrow Area A and C. Allowable limits for the Town of Kitty Hawk native beach are defined by Rule 15A NCAC 07H.0312. Parameter Kitty Hawk Allowable Borrow Area A Borrow Area C Native Beach Limits Wet/Dry Mansell Color 5/7 n/a 5/6 5/6 Mean Grain Size (mm) 0.38 n/a 0.36 0.27 Sorting (Phi) 1.41 n/a 0.90 1.09 Silt (%) (<0.0625mm) 0.94 5.94 0.83 1.59 Granular (%) 6.38 11.38 1.48 2.05 (2mm < and < 4.76mm) Gravel (%) (>4.76mm) 1.64 6.64 0.52 1.07 Carbonate 2.0 17.0 1.0 7.0 Town of Southern Shores Shore Protection Project Coastal Planning & Engineering of North Carolina, Inc. To determine the projects effects on potentially significant submerged cultural resources, Tidewater Atlantic Research (TAR) carried out a background literature review and supervised a cultural resource investigation of the proposed borrow area. The cultural resource report compiled by TAR is provided in Appendix B. A registered archaeologist from TAR identified 9 magnetic anomalies in the vicinity of Area A, 4 of which were considered potentially significant (Appendix A, sheet 26). In area C, there were 65 magnetic anomalies, 25 of which were considered potentially significant (Appendix A, sheet 30). As a result, three buffer areas were established within Area A — two are located within the borrow area and one is located outside the western perimeter (Appendix A, sheet 26). Likewise, 14 buffers were established in the vicinity of Area C, five of which are located within or partially within the borrow area These areas will be avoided during dredging. Conservation Measures The same conservation measures described in the NEPA documents and Batched Biological Opinions for the three Dare County beach towns will apply to this proposed, roject at Southern Shores as well. — lc�tZ h� lei f"'� , d ib Should hopper dredging be utilized, the proposed project will employ relocation trawling as a means to reduce the potential for entrainment of protected species, such as sea turtles and Atlantic sturgeon. The protocols and techniques of relocation trawling were researched and developed by the USACE, and have become a standard practice for reducing lethal sea turtle takes during dredging projects. Two types of trawls are used during hopper dredging projects. Sea turtle abundance trawling is employed several days before commencement of dredging activity, and is used to determine the abundance of sea turtles in the area. Relocation trawling will be performed during active hopper dredging or in coordination with the NMFS. Essentially, this method employs a capture -relocation technique, and is targeted at the active dredging site within the borrow area. The distance covered by each tow may vary as dictated by large vessel traffic in the area, or by the size and configuration of the borrow site. A separate vessel, usually a shrimp trawler, deploys a trawling net ahead of the approaching dredge to remove sea turtles from the dredge's path. Typically, trawlers tow two specially designed 60-foot trawl nets in the vicinity of the dredge on a 12 or 24 hour schedule. The position at the beginning of each tow is determined from GPS positioning equipment, and tow speed is recorded at the approximate midpoint of each tow. Abundance trawling will be employed 5 days prior to the commencement of hopper dredging if SST is above 10°C, to determine relative abundance of sea turtles in the area. If 1 turtle is captured during preliminary abundance trawling, then relocation trawling shall be employed during the remainder of the dredging operation. If no turtles are captured during abundance trawling, relocation trawling shall not be required and dredging may proceed. Water temperature measurements are also taken twice per day, and weather conditions (air temperature, wind velocity and direction, sea state, wave height, precipitation) are recorded by instrumentation and visual observations aboard the trawler. If relocation trawling is implemented, standard relocation trawling conditions will be observed as set forth by NMFS including specification for trawl time, handling, holding conditions, take and release, any tagging, etc. In addition to relocation trawling, other measures will be implemented to reduce the threat of takes during hopper or cutterhead dredging. These include use of a turtle deflector on the hopper Town of Southern Shores Shore Protection Project Coastal Planning & Engineering of North Carolina, Inc. dredge draghead, insuring pumps are disengaged if a drag head or rotating cutterhead is lifted from the bottom, and use of NMFS-certified Protected Species Observers aboard hopper dredges. On the beach, several steps will be taken to minimize construction impacts to nesting and hatchling sea turtles. Artificial lighting used during nighttime construction activities will be angled and/or shielded to reduce deterrence of sea turtle nesting and hatchling disorientation. Sea turtle nest monitoring is also considered an important part of sea turtle conservation, therefore a sea turtle nest monitoring and avoidance/relocation plan will be implemented through coordination with USFWS and NCWRC. Dare County is included in surveys conducted by Network for Endangered Sea Turtles (N.E.S.T), the volunteer organization which performs systematic surveys of the northern Outer Banks from the Virginia border to the southern tip of Nags Head. Surveys are performed throughout the nesting season (May through August), and include daily morning patrols to mark and protect newly laid nests, as well as monitoring during incubation period and emergence. These surveys have been performed since 1981. Because the Southern Shores project proposes nourishment during the summer months (nesting season), monitoring will be needed to identify, and subsequently avoid burial or excavation of, existing nests during construction. This monitoring will be performed by trained individuals knowledgeable of the beach construction operations. In addition to monitoring surveys, nest relocation will be implemented by highly trained individuals and in coordination with the appropriate agencies.Sw (d J' b J ,�� � ; 6k AFr k-o '-0 ig 1��0 Fr �,l( ✓�/ ��OGt71^% .l.qfd� = 2-� F t / LC4a r µ'am.,l d l �r{ G� r >! D�/ L S (� �Cu d/MdGw "tar Qi'tr-� �ry (C , O 13e 3 �w1 �r�cej- r�fiN+� s =� 1 be-oA P � ClcSf so�Pl� ; (( 4, -� - KN soµ s��s � Q�ffl' c% o mod ire 7Ye � l�.an � -1*-& tY 4 + &" s ia5 A e 41 1G Gw SD K�L w f ( {a�rC w`2-. wQ5 noi- Kuck em - �dF�laKC Cowtwwn%5 uo ��U'tf'— +-c b maw�r-��E/�it Ir�at(�n1w*� A16P/1-,3 acuc�rc sal( 7K.kua�. pt�ae'cJ 's i � u5 Southern Shores Shoreline Protection Project a1� �7r CB&I / Coastal Planning & Engineering of North Carolina, Inc. January 31, 2017 �.LL „,tt.Y1 J CIS 4�\♦ �b I E Q) r 0 .0 V- CD N co E CL E 2 4—+ ^� (n p C`�^J T- N co CL Q) U U n I O CN 0 0 0 J W U �0 u S ..ice F'6 CY�•. �. •if '� ' r��I. r•4 '" t ' (iP i , Town of Duck Fill Template (1.6 miles) 0 Town of Kill Devil Hills Fill Template (2.74 miles) t i +r �/ •� r � r Y� r t ! Notes: 1. Coordinates are in feet based on the North Carolina State Plane Coordinate System, North American Datum of 1983 (NAD 83). 2. 2012 background imagery is from the NC One imagery service. 2992000- ^ '.^• .. ILA?' V (M]I eL' Legend: ® Kill Devil Hills Placement Area Town Limits 0 1.000 2.000 Feet Town of Kitty Hawk Fill Template Kitty Hawk Taper Section into Southern Shores CiKiT�1'N/. �.J � -1 f N MOYi A World of Solutions � Y —_� Yo® T v�i.Oatl W.d ram' Southern Shores Fill Limits �rorm a ai7r waax �� I ♦ �',t 'E W�11 gij, CAC t+ 1,500 Linear Ft. I-'� , ` + t 1 �� DooF{ PV 3 vc f.anaom�+n as �'W ..� Y.I[ T �' YC P M.PF Ptlw TN A.t Vi.f M1gY Na • �T..a.�`F w e aaa�`w _ ,l..i _.. ..-. ..... _, -.. _ . _.. _ ae..... ro u..n !• r nu_� 1 _ Y asF •.!o f M !rM ar.rr Na �l I-aal upp r�o- ms • aF� Il I.M •? IN �> Ica Fxl Y • w r Fff f f<4 rw�1r.• fa.. s II Permitted Borrow Areas for Kitty Hawk, Kill Devil Hills, and Duck Borrow Area A with Preliminary Max. Design Cuts Ave G�. Potential volume of Beach quality material = 17.05 million cy ' r r Depth in ft (NAVD88) qj 50 3 TIPO -51 51 51 53 5so 5 57 5B 59 5, y I -65 42 0.63 64 ES T E5 _�ra 8. F7 -63 ic a A IN .5 l� 72 XLwT� 8 :1111O Notes: Coordinates are in feet based on the NOM Carolina State plane Coordinate System, North American Datum of 1983 (MAD 83). 2. Color bathymeby surface is based on fold data collected by CPE-NC between June 7, 2014 and June 13. 2014. 3. Gray bathymeny surface is based on historical NOAA hydgrographic survey data aw ►''-? oil •41, Legend: ® Cultural Resource Buffers (No Work Zone) Three Nautical Mile Line proposed Design Cuts Depths in It (NAVD88) 4 Preliminary Investigation Area 0 2.000 4,000 Feet L 11 Length of Fill Fill Volume (cy) Construction Volume (cy) 81415If 20,970If (1.6 mi.) (3.97 mi) 11180,000 1,765,000 1/180/000 1,7651000 141464 1f 21500 if (2.74 mi) (0.47 mi) 8401000 801000 8401000 80,000 461349 If (8.78 mi) 3/885/000 41638,000 Dredged 1/699200 2,118,000 1,008,000 961000 4/92/200 k Volume (cy)*j BEOM Lease 4/825/000 A/ (cy) *Represents an additional 20% in volume to account for dredging losses The Southern Shores component increases the total fill length of the forthcoming "Three Town Project" by -3% the total fill volume by -2% SIGN UP SHEET INTERAGENCY/SCOPING MEETING Scoping Meeting - Southern Shores - Beach Fill of Oceanfront Shoreline Purpose of this meeting is to gather and provide environmental regulatory and resource guidance for this proposed project January 31 at 2 PM Conference line 919-420-1375 Name Agency Phone Email Kathy Matthews USFWS 919-856-4520 Ext 27 Kathryn_Matthews@fws.gov Jennifer Culbertson BOEM 703-787-1742 jennifer.culbertson@boem.gov Paul Knorr BOEM paul.knorr@boem.gov Jennifer Bucatari BOEM jennifer.bucatari@boem.gov -Dsv✓ j �p�LS.Z � RCNa "14l5 36!113 x, l , r r'�c { c✓� 2-C2 `74s-372•J cnflic,�•i ea�hr�- C /lccja ✓ > ✓ USACb;L 9141'S/— y(oO s U osh •r t v t r ! l / tLlle r-Aj lei@ eAr. 5 WV C in56- -W 62Q9 •Oou eyn 56v -N� lqC sbc.,l 25Z goo -g-F306 �-, Cana /leci r (73 e tte /i/G©E1f%P.6e -` 7i2 N C44 RC 2,52 q 4B :301 IG A.&Lnn ncw, .Or 251 kleln. r+lcl er+oGa I5QV NCDEQ WASHINGTON REGIONAL OFFICE 943 WASHINGTON SQUARE MALLWASHINGTON, NC 27889 252-946-6481, FAX 252-975-3716 1of1 Coastal Management ENVIRONMENTAL QUALITY May 16, 2017 Town of Southern Shores 5375 N. Virginia Dare Trail Southern Shores, N.C. 27949 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 c� Sincerely, ov d y Douglas V. Hugget Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 Please use this card to schedule a pre -construction conference immediately BEFORE you q begin work on your permitted project 01 The pre -construction meeting will give you the opportunity to discuss permit conditions, construction techniques and any questions you may have with a Coastal Management representative. This wilkspoble you to proceed with your project as quickly and smoothly as possible. When you are ready to begin construction, fill out his card and mail it to the Division of Coastal Management at the address on the reverse side of this card. Thank You- .t j Permit Number. q Expiration Daze:D ' a� Issued to:! 4 Contact Person: S � 02 � 7�' Telephone Number. Project Starting Date:—JLlno 26 C".- Nothing Corrrpares,. NC Division of Coastal Management 401 S. Griffin St., Ste 300 Elizabeth City, NC 27909 RECEIVED MAY 2 2 2017 DC MM HD CITY C Coastal Management ENVIRONMENTAL OUALI7Y August 11, 2017 Doug Dorman Atlantic Environmental Consultants, LLC ROY COOPER aavemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director RECEIVED AUG 14 2017 P.O. Box 3266 DCM- MHD CITY Kitty Hawk, NC 27949 Re: CAMA Major Permit Application: Yaupon Trail Bulkhead Replacement & Road Widening Dear Mr. Dorman: The NC Division of Coastal Management hereby acknowledges receipt of your application on July 31, 2017, for State approval for the development of the referenced project. An initial screening of the submittal package has been conducted as per 15A NCAC 07J.0204. This revealed certain deficiencies, which must be corrected before the application package can be accepted as complete. To assist you in expediting the permitting process as much as possible, I am notifying you of these deficiencies immediately so that they can be quickly corrected to facilitate my detailed review. Because the deficiencies are easily correctable, I am not returning the original application package. Please make the needed changes, and submit the appropriate documentation. With the retained copy of the application, I can commence the detailed review. Please understand that the subsequent detailed review may reveal additional areas where further information or documentation is required to demonstrate compliance with the rules directly applicable to the proposed development. If this occurs, you will be notified of such issues separately. Our initial screening has identified the following deficiencies: Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: ■ Form DCM-MP-1: Number 5(c): 1. It is indicated that the majority of the bulkhead will be constructed 2' waterward of the existing bulkhead; however, the majority of proposed bulkhead indicated on the site plan is well beyond this measurement. Please correct this statement. ''Nothing Compares - State of Nosh CMIM I Fnviranmental QuahtY I Coastal NLHM e t 401 S. Cmffin St, Ste 3001 FLzabeth Oty, NC 27909 252-264-39011252-331-2951 [fax] Doug Dorman August 11, 2017 Page 2 of 4 Form DCM-MP-2: - Number 3(c): 1. It is indicated that the average distance waterward ofNWL is 2'; however, I calculated the following: a. Area # 1=1.8' b. Area #2 = 4.1' c. Area #3 = 5.9' d. Area #4 = 4.3' e. Area #5 = 16.3' Please confirm these distance and list each one on the application. - Number 3(d): 1. It is indicated that the maximum distance waterward of NWL is 20'; however, I am measuring —31' in Area #5. Please confirm and correct. - Number 3(g): 1. Please indicate the square footage of fill material to be placed in the open water area. 2. Adequate Work Plans or Drawings have not been submitted. Please address the following items: ■ When drawings are larger than 11 inches by 17 inches, 26 copies must be provided. I understand that the 26 copies will be submitted once the final drawings are approved. ■ Plats must be to scale: Sheet 1 of 2 indicates an overall scale of 1" = 20'; however, the blown -up insets of Areas 1 and 2 do not indicate the appropriate scale. Please add the scale to the insets. ■ When colored drawings are submitted, 26 copies must be provided. - Remove lavers not pertinent to the permitting agencies review. This includes proposed and removed trees. This can be explained in the project narrative. - Blue is typically associated with waterways and should not be used to denote the roadway. Please do not use colors that are hard to see or blend into the background color. For example, red lettering on the blue background, the color used to denote NWL can barely be seen and is easily overlooked. 1. Do not use any color combinations that a colorblind person may have a hard time with RECEIVED Doug Dorman August 11, 2017 AUG 14 2017 Page 3 of 4 A Plan View must be submitted that: D C M- M H D CITY - Distinguishes and labels existing and proposed features. This includes but is not limited to: 1. existing road limits 2. existing docks/boatlifts Correctly shows the alignment of the existing bulkheaded shoreline. The submitted site plans depict the bulkheaded shoreline prior to CAMA GP#67629A, issued on 12/1/2016 for --496' of bulkhead replacement 2' waterward of the bulkhead in two separate sections. 1. It should be noted that GP#67629A eliminated the recessed areas across from Lots 6 & 7 that are still depicted on the site plan. 2. Regarding Area #5, it appears that the depicted tie in point on the site plan is —6' short of the return wall of the bulkhead replacement section issued under GP#67629A based on Google Earth imagery. - Indicates approximate location of Normal Water Level (NWL) Each of the proposed bulkhead areas (1-5) have a title Block that need the following changes: 1. Remove references to retaining wall and use the word Bulkhead for continuity. 2. Remove the references regarding the 2' normal wall offset for partial wall subtracted from total fill area below. 3. The project narrative mentioned that SAVs were not found within the project area. Please expand on this and describe how the survey was conducted and provide supporting documentation. 4. Documentation of Notification of Riparian Property Owners must be provided. Please submit Certified Return -Mail Receipts for this notification, along with a copy of the notification letter provided to these owners and any comments received in reply. ■ Please note the notifications sent provided the wrong mailing address for the Elizabeth City Division of Coastal Management office as well as not listing our office's phone number so that an adjacent riparian pronertv owner could contact us in case of concerns or objections. Please resend the letter with the correct information and provide documentation for this. To expedite our response to your permitting request, we will commence the detailed review of your application for a permit pending the receipt of the additional information requested above. However, the statutorily provided 75/150 days allowed for review cannot commence until such time as we have received a complete application package. Once your application has been accepted as complete, you will receive a separate notification letter. 14 4Y. Doug Dorman August 11, 2017 Page 4 of 4 If it is not possible to render a permit decision within 70 days of the date when your application is received complete, 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. Please do not hesitate to contact me at our Elizabeth City office (252 264 3901) if you have any questions regarding this letter or the permitting process. Sincerely, Ron Renaldi Field Representative Division of Coastal Management cc: Greg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Frank Jennings, District Manager, DCM, Elizabeth City Peter Rascoe, Town of Southern Shores VIRGINIA $4 NORTH DARE COUNTY BEACHES oe =x TOWN OF SOUTHERN SHORES aLL SHORELINE PROTECTION PROJECT =p DARE COUNTY, NORTH CAROLINA r =a e 'Ny/A- J-�/' pie 1 a- �i LINDBERGH AVE --11,�,� tt } - - �: < 'lT6k4 OF_mTry4v#IN`` JI JIri 1 ) - AREA I I r —I — • 11 �.'� `1 j l Y B i (. .i I i [ P \y f OPAL 4011011- TOWN OF KITTY l -I ncrFss, -- A4 6 _ I 2015 MLW(-2.05') 2C15 MHW (1.18') `LANDWARD LIMIT OF BEACH FILL BERM CREST LANDWARD BERM TII ATLANTIC OCEAN 1. DATE OF AERIAL PHOTOGRAPHY: 2012. 2 COORDINATES ARE IN FEET BASED ON THE NORTH CAROLINA STATE PLANE COORDINATE SYSIEA, NORTH AMERICAN DATUM OF 1983j (NAM). 3. ELEVATIONS ARE IN FEET REFERENCED TO NORTH AMERICAN VERTICAL DATUM, 1988 (NAVD8B). A. THE MATERIAL USED TO CONSTRUCT THE TEMPLATE AS SHOWN IN THE MANS FOR THE TOWNS OF KITTY HAWK AND SOUTHERN SHORES SHALL COME SOLELY FROM THE AREA OUTLINED WITHIN BORROW AREA A. REFERENCED AS THE -TOWN OF KITTY iAW'K ALLOWAS-E DREDGE AREA.- NO OTHER POR-IONS OF BORROW AREA A AND/OR C MAY BE USED -O CONSTRUCT THE TEN PLATE AS SHOWN IN THE PLANS FOR THE TOWNS OF KITTY HAWK AND SOUTHERN SHORES. 5. THE DUNE MAY BE RE -SWIPED WITHIN THE UNITS OF THE DUNE CORRIDOR, ANC 1S DEPENDENT ON THE CONDITIONS AT THE TIME OF CONS -RUCTION. THE RE -SHAPED DUNE WILL STAY WITHIN THE HORIZONTAL AND VERTICAL LIMITS OF THE MAY 2015 EXISTING CONDITIONS ILLUSTRATED ON THE BEACH FILL PROFILES SHOWN ON SHEET A OF 8. THE RE -SHAPED DUNE SMALL NOT EXTEND ABOVE THE MAXIMUM MAY 201S EXISTING ELEVATION OF 23.4 FEET, NAVD. A fil Iw IZ D ; o" . S I TOjWGF. W BASE:I E �\ v- ! • ao�o 7777/777, "v BEACH PILL BERM I- i u OCEAN BOULEVARD - N.C. 12 r 20+ m115TRA(TION ACCESS ` — SEAWARD TOE OFF LL 1 `SEAWARD LIMIT Of DUNE 0 O 2 2 2 N � C C G !t y 2 0 O z 2 a na � 3 3 C 3 c x P P P P Q-_0+08 b P z [ f$ Q w0 MAR 2 7 2017 zo, zox ; wt0 w two > DCM- �I�HD CITY s Oi0 Z�V USAGE BASELINE STATION FO o w NO 2015 MEAN HIGH WATER (1.18-) 201S MEAN LOW WATER (-2.OS') MUNICIPAL BOUNDARY daWINO �' N BEACH AS IDENTIFIED by �57AL PV-I DIVISION KP1� T DUNE CORRIDOR SHIFT 3 OF 6 PROFILE: STA. 0H00 ss ss Z —_ J 20 20 t Q yiY ss 15 w W 30 10 = C o s s Z c W ° w atl L1 f O is io Z W � s d 100 2 3 000 500 700 500 w � O DISTANCE ALONG PROFILE (FEET) O K Z O PROFILE: STA. -10+W zZ m Rz ss zs z 3 3 m zo 1s is g10 10 2 2 5- fi 0 0 O w -s -s a _10 10 -15 -15 zo -20 1 z � DISTANCE ALONG PROFILE (FEET) L 8 E $ a $^n @g O PROFILE: STA -20108 25 25 5 S ry N { L 8 ea 20 20 EC 9 15 is E 5 10 10 9 Z EL 60 z $ 5 s s RECEIVED w 0 w VIZ s J ° MAR 2 7 2017 =Go m t is z -15 �� u DCM- KIND CITY °_' D. DISTANCE ALONG PROFILE (FEET) z U NOTES: 3o z w m po o 1. ELEVATIONS SHOWN ARE IN FEET REFERENCED TO NORTH AMERICAN " LEGEND: VERTICAL DATUM OF 1988 (NAVD88). s 2. BATHYMETRIC SURVEY PERFORMED MAY 201S, BY CPE-NC. fi 0 10 20 3. THE CONSTRUCTION TEMPLATES AND VOLUMES MAY BE REVISED BY THE ----- EXISTING GRADE MAY 2015 ENGINEER BASED THE PRE -CONSTRUCTION SURVEY TO REFLECT DM'MNG NO. DESIGN TEMPLATE C CHANGES IN FIELD CONDITIONS. = ---------- MEAN HIGH WATER LINE (MHW) VERTICAL GRAPHIC SCALE IN FT 4. PROFILE STA. ILLUSTRATES A BEACH FILL SLOPE OF SLOPE. LOW WATER LINE (MLW) o`— 1�� LD+00UST W THE CONTRACTOR SHEET PV-1 TES A MILDER SLOPE TOHE OBEACH — — —MEAN FLEXIBILITY DURINGATHE CONSTRUCTION OF FILL SLOPE J ADJACENT PROFILES. AS BEST AS PRACTICAL, THE CONTRACTOR SHALL HORIZONTAL GRAPHIC SCALE IN FT ATTEMPT TO CONSTRUCT THE TEMPLATE USING A 1V! 15H SLOPE. SHEET 9 OF 6 / I _ \ l\ EL6 — L _ x.or EL. 60' ` \ ]s - -az.os P ______ __________ ________ _ _____ ______ ________ _E<—,or I � LEGEND: ® MAXIMUM AFTER DREDGE ELEVATION (FT. NAVD88) r--s4� BATHYMETRIC CONTOUR ® TAR CULTURAL RESOURCE AVOIDANCE AREA (NO DREDGE ZONEINO ANCHOR) Q CPE-NC 2014 VIBRACORES t CPE44C 2014 MAGNETIC ANOMALIES 0 CPE44C 2014 SIDESCAN SONAR ANOMALIES 9© BORROW AREA COORDINATE ID (SEE SHEET 12) NOTES: 1. COORDINATES ARE IN FEET BASED ON NORTH CAROLINA STATE PLANE COORDINATE SYSTEM, NORTH AMERICAN DATUM OF 1988 (NAD88) 2. BATHYMETRIC SURVEY PERFORMED JUNE-OCTOBER, 2014 BY CPE-NC. 3. ELEVATIONS ARE IN FEET BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88). 4. THE MAXIMUM AFTER DREDGE (AD) ELEVATIONS SHOWN ARE THE MAXIMUM DEPTHS ALLOWED WITHIN THE BORROW AREA PER THE PERMITS AND BASED ON THE AD SURVEY. 5. THE MATERIAL USED TO CONSTRUCT THE TEMPLATE AS SHOWN IN THE PLANS FOR THE TOWN OF KILL DEVIL HILLS SHALL COME FROM BORROW AREA A ONLY. THE'TOWN OF KITTY HAWK ALLOWABLE DREDGE AREA" OUTLINED WITHIN BORROW AREA A ON SHEET 15 OF 18 OF THE TOWN OF KITTY HAWK PLANS MAY BE USED TO CONSTRUCT THE TOWN OF KILL DEVIL HILLS ONLY AFTER THE CONSTRUCTION OF KITTY HAWK HAS BEEN COMPLETED. NOT FOR CONSTRUCTION FOR REGULATORY REVIEW ONLY BORROW AREA COORDINATE TABLE POINT ID EASTING NORTHING O7 3019370.9 854970.6 O2 3017204.5 853123.7 O3 3017798.4 8524482 ® 3016996.7 851633.8 O5 3016928.0 851150.8 © 3017357.5 850708.4 O7 3018654.8 850392.9 OB 3018932.5 860696.0 O9 3019568.9 849757A 10 3018120.0 849511.3 11 3018069.8 846700.6 12 3017289.0 846700.2 13 3017302.1 843966.8 14 3018139.0 842988.7 15 3017637.6 840084.1 16 3018653.3 839011.8 17 3019763.8 838967.9 18 3020753.7 838966.2 19 3021081.7 844430.1 ® 3020569.7 845124.3 21 3021352.1 8462D5.8 ® 3021047.1 846601.5 0 3022507.8 847829.8 24 3=106.3 849556.7 25 3021784.4 850590.2 ® 3020836.5 851593.4 O 3021646.9 852335.9 ® 3020574.6 853476.8 ® 3019847.3 852740.9 ® 3019168.0 853414.4 31 3019995A 854247.1 ® 3020095.7 849063.5 ® 3019105.0 848168.8 ® 3020217A 847888.2 ® 3019742.8 845124.3 ® 3019117.8 843436.6 3© 3019748.5 843429.8 ® 3018069.8 844635.9 ® 3020197.4 846629.9 ® 3019050.6 846678.1 N N0 N 80i �'8 i DCVC=14-14 V f4-13 yam% C-14 S� ( -14�2 ° ocVAl A i A DCVC 14 0� a 4 DCV@1'4 �' O DCVC-14 98A -"tt� 0 DCVC-14 5 b C 14-68 \_- DCV 9 DCVC•1 4-45W 12 4' DCV DCVC' 6 71- 3 i 7z -70 28 30 9 'ss &DCV 4-71 �70 i1 DCVC 14-0810 Q' .VC-1440MA `. I 111 •Qi C- 0499Vr 1 G44'0Z- 2 ,opCV 14-a41A e2 i DCV 14+50 O -�. OD VC-14 k 0 32 VC-14-4MA 491A _ VC-14-1 CV 4-41VA 0 B. A? ( DCV 14 3 0 CVC 0 Dlf C-14-52W 3 r,CVC DCV -1 % 0 1 0 DCVC-14-63 f 1 O 0 I 0 DCVC-14-67 DCVC-14• -DCVC-1 1 0 '-A` 17 64 f� Z I 0 GRAPHIC SCALE IN FT BORROW AREA A VOLUME= 17,806,000 C.Y ATLANTIC OCEAN RECEIVED MAR 2 7 2017 DCM- i:.HD CITY N 853 N "4 NO. 1Ml �1 I SHEET 5 OF $ i8 Y SECTION AN 20 A B-B' A' 20 S� e I I I I � aLL JUNE-OCTOBER 2M4 BATHYMETRY I �' C BY CPENC : z 40 Dcvc-lase I _ ...... �..._ 40 W c o $ I 2 d $$ 8 I O > o 30I U w wo > 3 OI 0 m 0 p5w o o S o 0 ul Q w O U wI Z' .. O p. ..... -60 0 K O MAXIMUM EL _ ___ I �z w 5.0' NAVD MAXIMUM AD EL. i i = -63.0' NAVD (� o ° MAXIMUM DISTURBANCE ¢ o m EL. = b7 0' NAVD : u __. .......... ......... ....... ...........' .. .......... .1. .. .... _. -80 MAXIMUM AD EL MAXIMUM ADEL. a3 =58.5'NAVD ', l =-68.0'NAVD ' MAXIMUM DISTURBANCE I MAXIMUM DISTURBANCE EL. _ -80.5' NAVD EL. _ {5.0' NAVD MAXIMUM DISTURBANCE EL.=-70.0' NAVD _,.. 00 -100 Of00 20t00 4D«00 eM00 e0f00 100+00 12M00 140H10 160�00 1]Oi00 H O DISTANCE ALONG SECTION (FEET) SECTION B-9 s 20 B A -A' B' '" JUNE-OCTOSER.2014 I BATHYMETRY BYCPENC L 9$ Icy I 0 10 20 5� gn I VERTICAL G� IN FT 40 -g �.._ I b.. __. ......1.. �0 0 7000 2000 y g Co s_� o HORIZONTAL GRAPHIC SCALE IN FT 7 w --t m � � w 2 3 w I >w I NOTES: 1��..... I w ` w �e 1. ELEVATIONS ARE IN FEET BASED ON THE NORTH Z p / AMERICAN VERTICAL DATUM OF 1988 (NAVD88). G a O / 2. BATHYMETRIC SURVEY PERFORMED JUNE-OCTOBER, w w z 2014, BY CPE-NC. p 0 w I I 3. THE MAXIMUM AFTER DREDGE (AD) ELEVATIONS SHOWN N z 5 N w L MAXIMUM MAXIMUM AD EL. ARE THE MAXIMUM DEPTHS ALLOWED WITHIN THE z o i w DISTURBANCE = 65.5' NAVD I BORROW AREA PER THE PERMITS AND BASED ON THE AD i G 0 EL. _ -65.0' MAXIMUM I SURVEY. r z O NAVD DISTURBANCE 4. THE MATERIAL USED TO CONSTRUCT THE TEMPLATE AS 00 a -80 I SHOWN IN THE PLANS FOR THE TOWN OF KILL DEVIL a m z MAXIMUM AD EL HILLS SHALL COME FROM BORROW AREA A ONLY. THE ° z o z = 463.0' NAVD I MAXIMUM AD EL. I "TOWN OF KITTY HAWK ALLOWABLE DREDGE AREA' w " ?� = 58.5' NAVD OUTLINED WITHIN BORROW AREA A ON SHEET 150E 18 Roo MAXIMUM OF THE TOWN OF KITTY HAWK PLANS MAY BE USED TO o DISTURBANCE CONSTRUCT THE TOWN OF KILL DEVIL HILLSJ R m EL. =-60.6 NAVD THE CONSTRUCTION OF - P COMPLETED. Il G DnAvn7NO..���MAR 100 100 2 7 2017DISTANCE ALONG SECTION (FEET) XS SHEEP 6