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WDN Village of Bald Head Island
DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applica Type: (check all that apply) New. Major Mod � Permit# Minor Mod_ Renewal_ Transfer_ Permit Coordinator: Field Representative 1 q1-0— Date Time Message In I October 10, 2017 Mr. Christian Preziosi Land Management Group, Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Ub ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON C. DAVIS Director Re: Request for CAMA Application Withdrawal- Village of Bald Head Island Dear Mr. Preziosi: This letter is in reference to the CAMA Major Permit application request that you submitted to the Division of Coastal Management on behalf of the Village of Bald Head Island, which was received as complete on May 26, 2017. The project consisted of a proposed major modification of State Permit No. 91-14, requesting authorization to excavate a borrow site off Frying Pan Shoals, near Bald Head Island, in Brunswick County. A request to place the application on hold was sent to us on July 28, 2017, and the application has been on hold since that date. On October 2, 2017, the Division of Coastal Management received your request to withdraw the permit application referenced above. As such, this file will be retired and considered closed in status. Please contact me at (910) 796-7302, or by email at: heather.coats(c)ncdenr.gov if you have any question of if I can be of additional assistance. RECEIVED OCT 18 2017 DCM- MHD CITY Sincerely, Heather Coats Assistant Major Permits Coordinator Cc: MHC Files WiRO Files Ronnie Smith, USACE Chad Coburn, DWR State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9107967215 If you have any questions concerning these matters, please feel free to contact me by telephone at (910) 796-7302, or by email me at heather.coats@ncdenr.gov. Cc: MHC Files WiRO Files Kelly Johnson, DEMLR Tyler Crumbley, USACE Sincerely, /tifyl� Coallt4 ea�er Coats Assistant Major Permits Coordinator RECEIVED OCT 13 2017 DCM- MHD CITY State of North Carolina I Environmental Quallty I Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9107%7215 Coastal Management ENVIRONMENTAL QUALITY October 10, 2017 Land Management Group, Inc. c/o Mr. Greg Finch 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 N ROY COOPER Governor MICHAEL. S. REGAN .Secretory BRAXTON C. DAVIS Wector SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for The Point at OIB, LLC Dear Mr. Finch: This letter is. in response to the above referenced CAMA permit application, which was accepted as complete by the Division's Wilmington office on July 21, 2017 and extended on October 3, 2017. Processing of the application is ongoing. However, it has been determined that additional information will be required prior to the Division taking final action on your application. These required items are summarized below: 1) The N.C. Division of Energy, Mineral, & Land Resources (DEMLR) has notified us that the stormwater permit application for this project was returned as insufficiently complete to process. Therefore, it is necessary that processing of your permit application be placed in abeyance until such time as you have satisfied the requirements of the DEMLR. Once DEMLR has notified the Division of Coastal Management Major Permit Section in writing that no further actions are necessary on the part of the applicant, we will resume processing of your application. If you can provide to this office a copy of the requested information within five working days from the date of this letter, DCM staff will continue processing of the application and the processing clock will not be suspended. If the required information is not received in this office within the specified timeframe, processing of the application will be suspended in accordance with 15A NCAC 07J.0204(d) until such time as the requested information is provided. State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9107967215 4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 April 18, 2017 Wilmington Regulatory Field Office Action ID. SAW-2012- 00040 Dr. Pace Wilber Supervisory Fishery Biologist Habitat Conservation Division Atlantic Branch NOAA Fisheries Service 219 Fort Johnson Road Charleston, SC 29412 Dear Dr. Wilber: Reference is made to a Department of the Army permit application submitted by the Village of Bald Head Island to dredge approximately 460 acres of Frying Pan Shoals and the placement of dredged material to nourish South Beach and West Beach along the shoreline of Bald Head Island, Brunswick County, North Carolina. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act (16 USC 1855(b)2). The Wilmington District Corps of Engineers (Corps) initial determination is that the proposed project may adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This determination is being made based on the project's description, the location of the project, and preliminary feedback from resource agencies on the effects of the project. An EFH assessment is provided to facilitate your review and determination of the project's effects on EFH and Federally managed fisheries. The project public notice can be accessed at: htto://www. saw. usace. army.mil/Missions/ReeulatoryPermitProeram/PublicNotices.asI)x In accordance with the Act, the Corps requests your Agency's final determination of the effects of this project on EFH and Federally managed fisheries, and asks that you provide comments and any conservation measures that would serve to mitigate for these impacts. If you have any questions regarding this letter, please contact Ronnie Smith at the letterhead address, by telephone at 910-251-4829, by fax at 910-2514025, or by email at: Ronnie.d.smith@usace.army.mil. Sincerely Scott C. McLendon Chief, Regulatory Division Enclosures: EFH assessment RECEIVED APR 2 4 2017 DCM- MHD CITY -2- Copy Furnished (with enclosures): Ken Riley National Marine Fisheries Service Habitat Conservation Division — Atlantic Branch 101 Pivers Island Road Beaufort, NC 28516-9722 Pete Benjamin Field Supervisor USFWS — Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Copy Furnished (without enclosures): Doug Huggett CAMA Major Permits Coordinator NCDCM 400 Commerce Avenue Morehead,City, NC Debra Wilson Wilmington District Manager NCDCM 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Tara McPherson Wilmington District Manager NCDCM 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Shane Staples NCDMF - Southern Coastal 5285 Hwy 70 West Morehead City, NC 28557 RECExvei) N?g % 4 2011 DCM. wo C�-�Y 11MG LAND MANAGEMENRODP iac„ Environmental Consultants August 10, 2017 Mr. Ronnie Smith U.S. Army Corps of Engineers - Wilmington District Wilmington Regulatory Field Office 69 Darlington.Avenue Wilmington, North Carolina 28403 RE: Department of Army - Permit Modification Request (USACE Action Id. SAW-2012-00040) Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project Additional Information in Response to Federal Agency Comments Dear Mr. Smith: By way of this letter and on behalf of the Village of Bald Head Island (Applicant), Land Management Group, Inc. (LMG) (agent) is providing additional information in response to comments transmitted by the National Marine Fisheries Service (NMFS) (letter dated June 14, 2017) regarding the Village's proposed dredging of a borrow site located on Frying Pan Shoals (FPS) and associated nourishment of the West Beach and South Beach shorelines of Bald Head Island, North Carolina. In consideration of the concerns raised by NMFS and their accompanying recommendation to explore other viable sand -source alternatives, the Village is currently evaluating options to prioritize the use of the previously authorized borrow site located on Jay Bird Shoals (JBS) (including both the partially recovered area dredged in 2009 and the remaining, undredged portion of the borrow site). Currently, the only alternative borrow site available for near term sand placement at Bald Head Island (BHI) is sand remaining in the developed JBS borrow site. Options other than JBS and FPS are not feasible. For instance, there is not sufficient sand within the Bald Head Creek borrow area. Moreover, only a small dredge can be utilized at that location. Therefore, the Bald Head Creek site is not suitable for any large-scale nourishment event. With respect to the, Wilmington Harbor Channel as a potential borrow site, all sand dredged by the Corps of Engineers (COE) in 2017/18 as part of their regularly occurring channel maintenance will be placed on Oak Island pursuant to the Wilmington Harbor Sand Management Plan (WHSMP). Hence, there will not be sufficient sand quantities available to the Village in the near future. www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0050 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Received 1 AUG 101017 DCM Within the developed JBS borrow site, there is an estimated 900,000 cy of sand remaining in the undredged portion of the site and lying outside a Cultural, Resource Exclusion area. Additionally, there is almost 1 Mcflavailable) which lies within the area previously excavated in 2009. The predicted volume required to be placed on South Beach in 2018/19 is approximately 1.M cy. Subsequent to that sand placement; the Village will be the recipient of the next two (2) federal channel maintenance/beach disposal projects. This would theoretically allow the.use of the FPS borrow, area to be deferred nearly 10 years into the future. It does not; however, obviate, the need to complete the permitting for the FPS borrow site since it would likely be required as a sand source after a major hurricane. The use of the AS site (if -viable in terms of both sand quality and quantity) would address more immediate nourishment needs that will require an estimated iMcy of material in the winter of 2018/19. Note that a long-term borrow site consisting of high volumes of beach -compatible sand (from a borrow site exhibiting physical conditions conducive for relatively rapid recovery) will ultimately be, needed to offset long-term sand deficits along South Beach and West Beach, Ta_that', end, the Village intends -to continue its request for authorization for the use of the proposed FPS borrow site. In the interim, use of the JBS site will likely be able to address the more immediate nourishment. needs. while deferring and ultimately reducing physical disturbance to the FPS site. It is the intent of, the Village to request a permit modification authorizing the dredging of approximately 11VIcy of sand, from the JBS site. Pending, the results of updated vibracore sampling of the infill areas of the previously dredged JBS site and the demonstration of adequate volumes of high quality, beach -compatible sand, the Village will likely seek to dredge 750,000 cy from areas which have infilled'via deposition of sand since 2009 and to obtain the remaining needed volume of 250,000 cy from the unexcavated portion of the site. It is believed that such a plan is deemed favorable at this time based upon the following considerations: (1) It helps to avoid disturbance to the FPS borrowsite over the next several years (potentially up to a decade into the future);, (2) It meets the intent of the terminal groin permit condition which limits the volume of dredging to 250,000 'cy' on the unexcavated portion' of JBS without triggering intensive monitoring of the Oak'lsland shoreline; and (3) It addresses the requirement stipulated by both permit condition and state statute for the Sponsor of a terminal groin project to keep the fillet of the groin full. Upon receipt and analysis of, all sediment data, the Village will prepare and submit a formal written request, to the COE (and state permitting agencies) detailing the revised, proposed action with accompanying plan drawings. In addition, we will continue to coordinate with your office to determine an appropriate course of action for seeking authorization for the long-term use of the FPS borrow site. In doing so, we intend to address remaining, applicable federal agency comments under separate correspondence in the near future. In the Interim, please www.lmgroup.net • Phone: 910.452.0001 • Fax: 930AS2.0060 3005 Wrightsville Ave:, Suite 15, Wilmington, NC 28403 2 feel free to contact me vial phone at 910-452-0001 or by email at cordzio ic& , iikebujj.het should you have any questions regarding the information provided. Sincerely, Christian Preziosi Land Management Group, Inc. (permit agent) Cc. Chris McCall, Village of Bald Head Island Erik Olsen, Olsen Associates Heather Coats, DCM-Wilmington Tara MacPherson, DCM-Wilmington www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 20403 3 R Coastal Management ENVIRONMENTAL QUALITY July 28, 2017 Land Management Group, Inc. Mr. Christian Preziosi 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Dear Mr. Preziosi: Rom' ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director This letter acknowledges your email/letter sent on July 27, 2017 in which you indicated that you wish to place your CAMA Major Permit application, acting as agent for the Village of Bald Head Island, in abeyance. Based on this request, processing of your application will be terminated until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), during the pendency of any termination of processing, the permit processing period will not run. Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796-7302, or by e-mail at heather.coats@ncdenr.gov. cc: MHC Files Wilmington Files Ronnie Smith, USACE Chad Coburn, DWR Sincerely, IIXKt�L Ww64- Heather Coats Assistant Major Permits Coordinator RECEIVED AUG 01 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 9107967215 A�LMG LAND MANAGEMENT GROUP mc. Environmental Consultants July 27, 2017 Ms. Debra Wilson NC Division of Coastal Management Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RE: NC CAMA Permit Application — Major Modification Request to State Permit No. 91-14 Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project Request to Place Application on Voluntary Hold Dear Debbie: By way of this letter and on behalf of the Village of Bald Head Island (Applicant), Land Management Group, Inc. (LMG) (agent) is requesting to place a voluntary hold on the Major Modification Request to State Permit No. 91-14 submitted on December 20, 2016. The Village is currently evaluating options to help address comments received from the National Marine Fisheries Service (NMFS) during the federal Public Notice period. Should you have any questions or would like to discuss, please feel free to contact me via phone at 910-452-0001 or by email at cpreziosi@lmgroup.net. Thank you for your time and assistance. Sincerely, Land Management Group, Inc. (permit agent) 1 ogrtaiN�grce eycnnnbn rieamu Christian Ri„��P,p ,.�, Preziosi Christian Preziosi Environmental Consultant RECEIVED CC. Chris McCall, Village of Bald Head Island AUG U 12017 Erik Olsen, Olsen Associates p CITY Heather Coats, DCM-Wilmington DCM_ MH Tara MacPherson, DCM-Wilmington Ronnie Smith, USACE Wilmington Regulatory Branch Chad Coburn, NC DWR-Wilmington RECEIVED www.lmgroup.net • Phone:910AS2.0001 • Fax:910AS2.0060 DCM WILMINGTON, NC 380S Wrightsville Ave., Suite 15, Wilmington, NC 28403 JUL 2 7 2017 I i ;t ROY COOPER MICHAEL S. REGAN Seawaly CoastatManagement / I B.RAXTON-DA.VIS ENVmGNMENTAL QUALITY _ f. ^,1 /1C�.}�L, DlMdOI Hfblt)fti�Fti�" -Y J June 7, 2017 1I15; TO: Renee. Gledhill -Early �'% Dept. of Cultural Resources j�SI' r ' l_f Archives & History yb� FROM: Heather Coats, Assistant Major'Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather..coats(oncdenr.gov Fax: 395`-3964 Courle"MO_ _16a33),. - SUBJECT: COMA /Dredge 8 Fi►l'App'Ifcation Review,' Applicant: The Village of Bald Head Island'(MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation; and at'South Beach, adjacent to the.Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project:. to use Frying Pan Shoats as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on, West and South Beaches Please indicate below your agency's positionmorviewpoint on the proposed -project and return<ttifs form to NeathereCoats at the, address above by July 1; 101.7. If you have any questions regarding the proposed project, contact Tara MacPherson at' (910) 796-7425 when appropriate in -depth -comments withsupporting`data is requested. REPLY: This agency has no objection to the project as proposed. '"Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended' changes are incorporated. See attached. This agency objects to the project forreasons:described in the attached comments. SIGNED A DATED' Received JUL 10 209 State of North QuotinalFAvlroomenW QQWity I Coastal Management �� �UN 1 6:� 2011 127 Cardinal Dtim ELLlV/ , Wilmington, NC 910-796.7215 � ; 11 � !' y�ir1 «Clttl�.3�;1,J_t�iTF. }! UNITED STATES P404C.A&VICE First -Class Meil USPS PM 41 Permft No. G10 1f + 1 • Sender: Please print your name, address, and ZIP+4 in this box Co�t.�,,b�. Sc 2g2blo Jill, 1111111Ii1111111111111111111i11111'1"I11111111111111111Jill -� tlSl Al. SERVICE II I First -Class Mafl UNITED STATE$ I II Postage &Fees Paid USPS } Permit No. C-10 1 i F��rint yourname, address, and ZIP+4 in this box .� 111111'11111111111i11111111111p11p111111111111'l1111111'll'I'11 RECEIVED JUL 0 7 2017 DCM•- IVIHD CITY ECt_{VED DAM WILMINGTON, NC JUN272017 ■ Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse 11r, so that we can return the cavd to you. ■ Attach this card to the back of the mallplece, K or on the front if space permits. 1. Article Addressed to: inner (Y�ac�fSon �cxS• l-al �m CiF �AU1(0 AKWrW Vc �a*) cQrd.tif a err. B. Date of ❑ !gent ❑ Addm Is dedivary address different from tern 17 ❑ Yes if YM enter delivery address below: ❑ No 3,re Type ifled Mall ❑ Express Mal ❑ Registered tXRturn Recaps for Merchandi ❑ Insured Mail ❑ G.O.O. 4. Restricted DBIIVeryl (Extra Fee) ❑ Yes 2. Article Number rCPr from service lobo 7013 060❑ 0001 1615 2775 PS Form 3811. July 1999 Domestic Return Receipt ■ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiiplece, or on the front if space permits. 1. Article Addressed to: RC`�ecghlNC 2��03 102595M-M-17 A, Received by(Pdaese Print Cleary) I B. Date of Deitvc C. Signature t] Agent •• D1rAy ❑ Address D.K9� tent from Hem 11 13 Yes It YES, enter delivery address below: ❑ No JUN 19 2017 3. Serve \tjCE G Express Mall Registered Return Receipt for Merchandl: ❑ Insured Mall C.O.D. 4. Restricted Deli (Extra Fee) ❑ Yes 2. Article Numbertt+opyeomswvkelab 70H 1140 0002 0247 0545 PS Fore 3811, July 1999 DmMtJc Return " ' 'MJ&e— 717(.ne� RECEIVED JUL 0 7 2017 DCM- MHD CITY RECEIVED ()CM WILMINGTON, NC JUN272017 Energy, Mineral & Land Resources ENVIRONMENTAL OVALRY June 21, 2017 Mr, Chris McCall Village of Bald Head Island P.O. Box 3009 Bald Head Island, NC 28461 Subject: EXEMPTION Stormwater Project No. SW8170607 Frying Pan Shoals Beach Nourishment Project Brunswick County Dear Mr. McCall: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On June 7, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on June 16, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scott@ncdenr.gov. Sincerely, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: MStormwateAPerrnits & ProjectM20171170607 Exemption12017 06 permit 170607 cc: Land Management Group, Inc. RECEIVED Bald Head island Building Inspections Tara MacPherson/Shaun Simpson-DCM WIRO DCM Morehead City JUL 0 7 2017 Wilmington Regional Office Stormwater File DCM- MILD CITY State of North Carohna I Environmental Quality 1 Energy, Mineral and Land Resources Wilatngton Regional Office I t27 Cardinal Drive Extension I Wilmington, NC 28405 9107967215 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD Fl") APPLICANT: The Pdlage of Bald Head Island COUNTY: Brunswick RECEIVE® JUN 12 2017 PROJECT NAME: Frying Pan Shoals Beach Nourishment Project (MM91-14) nnr(%nn�� n,AAyI�e LOCATION OF PROJECT: within the Frying Pan Shoals formation and along the beachfroWs'6t'SoutA'W DhC ITY adjacent to the Atlantic Ocean, and West Beach, adjacent to the Cape Fer River, on BHI DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-26-17 `/ FIELD RECOMMENDATION: Attached: No CONSISTENCY DETERMINATION: Attached: No FIELD REPRESENTATIVE: Tara MacPherson cY DISTRICT MANAGER REVIEW: 'g— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 6-10-17 ✓ ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: I MAIL OUT DATE: 6-7-17 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC'D: $475 #47820 (deposited by MHC) END OF NOTICE DATE: 7-1-17 ^/ DEED REC'D: ON: 11, f 150 DAY DEADLINE: STATE DUE DATE: 7-1-17 FED COMMENTS REC'D: DRAFT ON AGENCSJ,4,,,v 4/e/17 LZwd�� �17 DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Division of Community Assistance 17 Division of Coastal Management-LUP Consistency Public Water Section (DWR) fo /S1/7 Land Quality Section (DEMLR) �/2/l7 au adAV. IW rf astJVbub. h swq &/Sc Division of Water Resources - 401 Section Storm Water Management (DEMLR) l q l State Property Office (% q/1 7 Division of Archives & History f Marine Fisheries - Shellfish Section L�L3�/- ofHighways (NCDOT) (o�i Z// iesources Commissionmit Officer K 6�i `t� -Cultural Res / Underwater Archaeologyof Marine Fisheries - DCM Engineers - Regulatory Branch \",L F Coastal Management ENVIRONMENTAL QUALITY June 7, 2017 TO: Mark Zeigler Division of Community Assistance Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsal --ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED th V vi c 4—of DATED G 9 f( 7 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 \y?_ 1� Coasta/Management ENVIRONMENTAL QUALITY June 7, 2017 TO: Dan Sams District Manager-DEMLR Wilmington Regional Office ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsonncdenr.aov Fax: 395-3964 (Courier 04-1 36r SUBJECT: CAMA/Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return thisform, to Heather Coa7at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes t t { are incorporated. See attached. Alt c"q,h -,F �4.8," STc.-`a�IL Ve�7 ekr s 4 soot" '70 'K^.. S�oan uic•�w .e.,4 -�� 1. ErDt ,, Sxd• rn¢e.+ CCt v` ir90 {tax L7 This axncy objects to the project for reasons described in the attached comments. SIGNED DATED 3y� 2c1 % RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 J U N �i 2 2017 910-796-7215 ROY COOPER Governor DECEIVEn MICHAEL S. REGAN K`r�v Se,,elary Coastal Management JUN 0 7 2017 U BRAXTON DAVIS ENVIRONMENTAL QUALITY %JIreCIOY June 7, 2017 T& Georgette Scott Stormwater Section s DEMLR - WiRO d F OM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED �*" /I� �j-7 RECIBVED State of North Carolina I Environmenlal Quality I Coastal Management iI OLIO(1j&TON, NQ 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 J' N 19 2017 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS I) nxior RECEIVED June 7, 2017 JUN 12 2017 DOA TO: Tim Walton STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d)-niodenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** 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. SIGNED DATED W /" RECEIVED State of North Carolina] Environmental Quality I Coastal Management DCM WILMINGTON, NC 127 Cardinal Drive Exl, Wilmington, NC 29405 910-796-7215 41UN 2,017 ;P ROY COOPER (iovemar K!'r- MICHAEL S. REGAN secretary Coastal Management BRAXTON DAVIS ENVIRONMENTAL QUALITY Director RECEIVED June 7, 2017 JUf4 21 2017 TO: Shannon Jenkins NC DMF QCM- MHp CITY Shellfish Sanitation Section FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aDncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. nor: ANr/r Hut'Nf�7 SIGNED 7 DATED G41111 RECEIVED DCM WILMINGTON, NC JUN 2 3 2017 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Driva Ext., Wilmington, NC 28405 910-796-7215 Am Coastal Management ENVIRONMENTAL QUALITY June 7. 2017 JUN 16 2017 NC DOT DISTRICT 3 David Harris NC DOT Roadside Environmental Unit ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS 7ilr,,t.r FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC).ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached"` This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED l� RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management JUN 2 2 2017 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY June 7, 2017 TO: Chris McCall Bald Head Island Village Manager ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Do,v rnr FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: his agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED RECEIVED DCM WILMINGTON, NC State of North Carolina I Environmental Quality I Coastal Management J U B 1: dl 201 127 Cardinal Chive Ext., Wilmington, NC N405 91MI)&7215 vR/ Coastal Management ENVIRONMENTAL QUALITY June 7. 2017 u� l+. 'UN072017 0 �'vlslcn of Public uvarerHesoorces r✓iR0 - Water Supply Heidi Cox Assistant Regional Engineering Supervisor Public Water Supply-WiRO ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / Dredge & Fill Application Review Applicant: The Village of Bald Head Island (MM91-14) Project Location: a borrow area within Frying Pan Shoals Formation, and at South Beach, adjacent to the Atlantic Ocean, and at West Beach adjacent to the Cape Fear River, on Bald Head Island, Brunswick County Proposed Project: to use Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West and South Beaches Please indicate below your agency's position or viewpoint on the proposed project and return this form to Heather Coats at the address above by July 1, 2017. If you have any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425 when appropriate in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATED �oZ / RECEIVED DCM WILMINGTON, NC State of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 J U N 15 2017 910-796-7215 RECEIVED DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT JUN 12 2017 1. APPLICANT'S NAME: Village of BHI DCM- MHD CITY PROJECT NAME: Frying Pan Shoals Beach Nourishment Project 2. LOCATION OF PROJECT SITE: Project site includes an approximately 460 acre proposed borrow area with a 22.5 acre fairway within the Frying Pan Shoals formation and approximately 21,800 linear feet of beachfront area along South Beach adjacent to the Atlantic Ocean and West Beach, adjacent to the Cape Fear River, on Bald Head Island, Brunswick County. Photo Index - West and South Beach Nourishment Area: 2006: 11-6178 2000: 11-104 Frying Pan Shoals Borrow Site: See Sheet 7 of 9 with attachment for coordinates. West and South Beach Nourishment Area: Lat: 330 52' 05.1385" N Long: 78' 00' 49.1098" 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Scoping Meeting — November 13, 2016 5. PROCESSING PROCEDURE: Application Received — 1/25/17 Complete- 5/26/17 Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Village of Bald Head Island Land Classification From LUP — Disposal Area Only- Conservation (B) AEC(s) Involved: OEA, PT, EW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — N/A Planned - N/A (G) Estimated Rate of Erosion: 8' per year Source-2011 LTAASCR Update 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) (Open Water) 472 acres Frying Pan Shoals 20 560,320 sq. ft (B) Oceanfront Beach above N14W 5 acres (218,000 sq. ft.) Beach Profile below NHW 30 acres (1,306,800 sq. ft.) (D) Total Area Disturbed: 507 acres (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant is proposing a Major Modification of State Permit No. 91- 14 for the use of Frying Pan Shoals as a long-term beach maintenance borrow site and to expand the existing Federal disposal templates on West Beach and South Beach on Bald Head Island. Village of Bald Head Island Major Modification to State Permit No. 91-14 Frying Pan Shoals Beach Nourishment Project Page Two 9. PROJECT DESCRIPTION RECEIVED JUN 12 2017 DCM- MHD CITY Bald Head Island is part of an island group known as Smith Island, located at the confluence of the Cape Fear River and Atlantic Ocean between Fort Fisher and Oak Island/Caswell Beach in Brunswick County. The island is accessed by private boat or a private ferry service from Southport. This project borrow area is along the western side of Frying Pan Shoals located approximately 1 mile southeast of the area between South Beach and West Beach on Bald Head Island known as "The Point", and encompasses approximately 460 acres. The project borrow site is bordered by the Atlantic Ocean and the disposal areas are bordered by the Atlantic Ocean to the south and east, the Cape Fear River to the west and residential properties to the north. The project areas on South Beach and West Beach are located within the Ocean Erodible Area of Environmental Concern (AEC). The annual erosion rate for the project area is 8'/year per the Division of Coastal Management's 2011 Annual Erosion Rate maps. A portion of West Beach north of the constructed terminal groin (along West Beach) has a 2'/year erosion rate. The Coastal Resources Commission established this erosion rate in 2009 by Declaratory Ruling. The South Beach portion of the project falls within the USACE Wilmington Harbor Sand Management Plan project, which authorizes the placement of material excavated from the federal navigation channel on South Beach at Years 2 and 4 of a 6-year cycle. South Beach last received sand under the federal project in the winter of 2014/2015. A short stretch of West Beach was also included in the last two disposal events. West Beach was also previously nourished in 2006 under State Permit #62-05, issued to the Village of Bald Head Island on April 28, 2005 (Federal Permit No. 198000291). State Permit #62-05 authorized the excavation of approximately 40,000 cubic yards of material from Bald Head Creek, which was then deposited on West Beach. State Permit #139-10 authorized the dredging of approximately 140,000 cubic yards of additional material from the mouth of Bald Head Creek, which was placed on both West & South Beaches in 2012. State Permit #9-95, issued to the Village of Bald Head Island, authorized nourishment of a portion of South Beach. A minor modification of the permit was granted on July 7, 1995 by means of a CRC variance, for installation of the sand groin field on South Beach (Federal Permit #199404687). A minor modification of State Permit #9-95 was also issued by CRC variance for the construction of a 300-linear foot sandbag revetment west of Groin # 16 and extending towards "The Point" on August 8, 2011. State Permit #67-09 was issued to the Village of Bald Head Island for the dredging of approximately 1.86 million cubic yards of sand from Jay Bird Shoals for the renourishment of South and West Beaches. Work under this permit was performed in 2010. This proposal has been submitted as a major modification to State Permit No. 91-14, which was issued to the Village of Bald Head Island on October 21, 2014 for construction of a terminal groin structure and associated sand fillet. This permit is due to expire on December 31, 2017. Phase I of the terminal groin (1100 ft. long section) was constructed at "The Point" in 2015 The waters of the Atlantic Ocean contiguous with this portion of the Cape Fear River are classified as SB by the North Carolina Division of Water Resources. The waters are not designated as a Primary RECEIVED Village of Bald Head Island Major Modification to State Permit No. 91-14 J U N 12 2017 Frying Pan Shoals Beach Nourishment Project Page Three DCM- MHD CITY Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing a Major Modification of State Permit No. 91-14 for the use of Frying Pan Shoals as a long -tern beach maintenance borrow site and to expand the existing disposal templates on West Beach and South Beach on Bald Head Island. The application states that the permitted terminal groin, sand tube groin and periodic nourishment events through the Wilmington Harbor and Town nourishment project are not sufficient to mitigate erosion on South Beach or West Beach. While the Environmental Impact Statement (EIS) identified Frying Pan Shoals as a potential long-term sand source for these areas it identified Jay Bird Shoals and the mouth of Bald Head Creek as preferred borrow areas. Concerns were expressed by agencies relative to the use of Frying Pan Shoals during review. In the original application for the terminal groin project the applicant had stated that the preferred sand source for fillet creation was the remaining portion of the Jay Bird Shoals borrow site authorized by State Permit 67-09. The preferred sand source the Village identified for any needed mitigation on West Beach was the remainder of the Bald Head Creek mouth borrow site, as authorized under State Permit 139-10. The three segments of the federal inner -ocean entrance channel near Bald Head Island have also been identified as a potential sand source. A discussion of alternate sand source sites, dated received on April 3, 2017, has been submitted with this project (see Application Attachments). According to the applicant, Frying Pan Shoals contains an approximately 460 acre sand source on the western portion of the shoal located approximately 1 mile seaward of the southeastern shoreline of Bald Head Island (see Sheets 1,4,5 and 6 of 6). According to multiple Vibracores analyzed for sand quality (see Figure 1 of Attachment A), the applicant has determined that composite samples from the borrow site taken to a maximum depth of - 25 ft. at MLW contain 92.09% mean sand content and an average of 2% fines (see Sand Search Investigation and Narrative). DCM determined that the sampling performed did not meet the technical standards for beach fill projects described in 15A NCAC 07H .0312. Spacing requirements were not met and some samples were not taken to the proposed excavation depth. On March 6, 2017 a request for additional information was sent to the applicant including a request for additional sampling. Mr. Erik Olsen stated that for the Frying Pan Shoals Sand Search reliance was made on the geotechnical findings of the Jay Bird Shoals borrow site, as well as a site specific sub -bottom survey and other cores acquired by the Wilmington District, USACOE in 2009. He further states that these efforts provide excellent secondary references for the determination of both the depth and the nature of high quality sediment associated with a future borrow site at the location proposed (see Response to Request for Additional Information and Attachment dated received March 28, 2017). In late May 2017 it came to the attention of DCM that the Regulatory Reform Act of 2016-2017 was passed by the General Assembly and signed into law by the Governor as Session Law 2017-10. The law includes language that exempts NC's cape Village of Bald Head Island Major Modification to State Permit No. 91-14 Frying Pan Shoals Beach Nourishment Project Page Four RECEIVED JUN 12 2017 DCM- MHD CITY shoals, including Frying Pan Shoals from the technical standards of beach fill projects. On May 24, 2017 DCM sent an email to determine if the applicant intended to submit any additional information to support the application. In a response from the applicant they stated that the Sand Search Investigation characterizes the nature and quality of the material contained within the proposed borrow site and therefor would not be submitting additional sampling information to DCM (see Attachment A). The applicant has responded to the USACE's additional information request, and no further sediment sampling is proposed. The application states that the proposed borrow site would provide 8.5 Million cubic yards of compatible material if excavated to a depth of -25 ft. NAVD88 and 5.2 Million cubic yards of material if excavated to a depth of -20 ft. NAVD88. The narrative includes characteristics of the borrow site as a potential sand source due to numerous factors including accessibility, presence of high quality beach compatible sediment, ability to avoid cultural resources and a statement that the area is highly dynamic and highly depositional (see Sand Search Investigation and Narrative). A discussion on Borrow Site Recovery for Frying Pan Shoals is included in the Narrative (see Narrative). The application states that excavation would be conducted to a maximum depth of -21 ft. NAVD88 with -2 ft. overdepth (see Sheet 8 of 9) utilizing a 27"-30" cutter suction dredge. A submerged pipeline would provide disposal on the South and West Beach shorelines. According to the applicant, existing water depths within the fairway range from -15 to — 21 NAVD88 and existing water depths on the overall borrow area range from -15 to -5 NAVD88 (See Sheet 8 of 9). Hydrographic surveys and marine cultural resource investigation have identified a buffer exclusion area within the proposed sand source footprint measuring approximately 9.7 acres that would be avoided (see Narrative and Sheets 7 and 9 of 9). An additional "fairway" within the western portion of the proposed excavation area, not to exceed 400 ft. in width or 22.5 acres, is proposed for construction if deemed necessary by the dredge contractor (see Narrative and Sheets 5-7 of 9). A review of the Sand Search Investigation has determined that VIBRACORE data for this area was not included in the Sand Search Investigation Report. According to Mr. Olsen, the spatial extent of the VIBRACORES acquired was physically limited by operational and safety considerations. The Narrative states that any beach compatible material excavated from the proposed "fairway" would be placed on South and/or West Beach. Physical monitoring of the entire proposed disposal site and the proposed excavation area would be conducted by the Village of Bald Head Island annually for three years and biannually after each specific dredging event. The applicant states that monitoring data would be utilized to calculate deposition rates or "recharge" of the site as part of the existing BM comprehensive Shoreline Monitoring Program, which is reported annually. According to the applicant, the proposed limits of the beach fill template is an expansion from the Federal template, which has been the recipient of multiple projects associated with the Wilmington Harbor navigation project (beginning in 2000). The proposed limits of beach fill expand the previous template from Station 0+00 to Station 8+00 on West Beach to and from Station 134-+00-to1itatiom D Village of Bald Head Island U,V I G ZU17 Major Modification to State Permit No. 91-14 Frying Pan Shoals Beach Nourishment Project Page Five DCM- MHD CITY 218+00 on South Beach, with a potential taper past Station 218+00 The applicant states that the beach construction berm will maintain an 8ft. elevation in order to be consistent with prior USACE disposal events. The beach profile would have an average width of 100 linear ft. over the length of the entire 21,800 ft. disposal template area and would include a mild slope on the oceanward edge (see MP-2 and Sheet 2 and 3 of 9). The application states that the Village of Bald Head Island will be responsible for any site revegetation or stabilization that is deemed necessary by Resource Agencies. Post - construction tilling would be conducted as deemed necessary by Resource Agencies after each fill event. According to the applicant, a maximum of 1,306,800 sq. ft. of fill would be placed below mean high water in an area measuring approximately 30 acres. The proposed beach fill project would have an excavated volume of up to 1.87 million cubic yards of material placed for the current proposed event. According to the applicant, the Frying Pan Shoal Site has a maximum compatible volume of 8.5 million cubic yards of material available for long-term use. Surveying commitments and mitigation thresholds have been described in the Inlet Management Plan submitted as part of the application package (see attached plan for details). A draft EIS has been reviewed by the US Army Corps of Engineers (USACE) and commenting agencies. The final EIS has not yet been released by the USACE. 10. ANTICIPATED IMPACTS: The proposed excavation of the Frying Pan Shoals Borrow site could result in the excavation of approximately 20,560,320 sq. ft. of Public Trust Area and Estuarine Waters. The subsequent beach disposal would result in the filling of approximately 218,000 sq. ft. of unvegetated beach above MHW and approximately 1,306,800 sq. ft. of area below MHW. The proposed borrow area and associated "fairway" contains the potential for excavation of up to 472 acres of Public Trust Area and Estuarine Waters. Minor increases in turbidity should be expected during construction. Submitted by: Tara MacPherson Date: June 7, 2017 Office: Wilmington Frying Pan Shoals Beach Nourishment Project Bald Head Island, North Carolina Applicant: Village of Bald Head Island Project Narrative: I. Introduction RECEIVED JUN 12 2017 DCM- MHD CITY The south -facing shoreline of Bald Head Island (i.e. South Beach) experiences on -going and chronic erosion resulting in predictable sand losses and shoreline recession. Severe erosion has been chronicled along South Beach (particularly its western reach) since the 1970s. Under the most recent detailed physical monitoring, Olsen Associates, Inc. (2016) reported that the Island's gross volumetric loss (excluding East Beach) over the November 2000 to May 2016 timeframe was approximately 5.733 Mcy (corresponding to an average annualized loss of 371,700 cy). The highest rates of sand loss have occurred principally at the extreme west end of South Beach in the vicinity of the Cape Fear River entrance. This prompted the Village of Bald Head Island (Village) to procure authorizations for, and subsequently construct, a 1,300-If terminal groin at this location. Construction of the terminal groin structure was completed in December 2015. While the terminal groin addresses chronic shoreline losses along western South Beach, it has been documented that the terminal groin and existing sand tube groin field are not sufficient, in and of themselves, to prevent or to adequately offset sand losses from South Beach or West Beach. As a result, periodic nourishment through both the federally -sponsored Wilmington Harbor dredge and disposal project and Village -sponsored engineered beach projects are required to mitigate erosion along the entirety of South Beach and West Beach. The threat to existing homes, dunes and infrastructure as a result of the erosion and shoreline recession has prompted the Village to seek longer term beach nourishment options. Predicted sand volume needs for South Beach and West Beach were identified in the terminal groin EIS (for both the terminal groin alternative and non-structural alternatives). Frying Pan Shoals was identified at that time as a long term sand source with the potential to satisfy the sand volume requirements for South Beach and West Beach in the future. REC,--IVED DCM WILMINGTON, NG MAR 282011 LAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) Frying Pan Shoals Beach Nourishment Project Village of Bald Head Island 1 RECEIVED JUN 12 2917 II. Existing Conditions DCM- MHD CITY Bald Head Island is a 3-mile long south -facing barrier island located immediately eastward of the mouth of the Cape Fear River at 33.85"N, 77.9889°W (NAD27). The island forms the southern terminus of the Smith Island complex at Cape Fear Point from which Frying Pan Shoals extend over thirty miles southeastward into the Atlantic Ocean. Bald Head Island's east and south shorelines (East Beach and South Beach, respectively) front the Atlantic Ocean. The western shoreline (a.k.a. West Beach) is located immediately adjacent to, and fronts, the Cape Fear River entrance. The north side of the island is bounded by the Bald Head Creek estuary. The remainder of Smith Island is composed of interior tidal creeks (including Cape Creek and Deep Creek), associated tidal marsh, Middle Island, and Bluff Island. The mouth of the Cape Fear River (over one mile in width) separates Bald Head Island from the eastern end of Oak Island (or Caswell Beach). Frying Pan Shoals is a submerged extension of a large-scale cuspate foreland (i.e. accretional feature formed by processes of longshore drift and prevailing wind and wave conditions). The shoals extend over thirty miles offshore from the eastern end of Bald Head Island. Evaluations conducted by the USACE as part of the General Reevaluation Report (GRR) for the Brunswick County Beaches Coastal Storm Damage Reduction Project indicate the presence of substantial volumes of "beach -compatible" material within Frying Pan Shoals. Olsen Associates, Inc. (OA) has identified a viable sand source (i.e. borrow site) along the west side of the shoal approximately 1 mile seaward of the southeastern shoreline of Bald Head Island (Olsen Associates, Inc. 2016). As part of that sand search investigation, Geodynamics performed a hydrographic survey of the area of interest (since NOAA charts are highly inaccurate in this dynamic area). Similarly, Tidewater Atlantic Research, Inc. (TAR) performed two (2) phases of marine cultural resource investigation to discern the location of potential wrecks. The Phase II investigation identified one small buffer area mapped around one cluster of magnetic anomalies recommended to be avoided (TAR 2016). Accordingly, the project design has delineated a 9.73 A Exclusion Zone within the borrow site based upon the T.A.R. findings. Athena Technologies was retained to obtain multiple VIBRACORES within the proposed area of interest. Those cores have been logged and analyzed for sand quality. CA subsequently completed a summary report of the Sand Search Investigation (Olsen Associates 2016). According to this report, the REC -WED G4MA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 20M WIUMINGTON, NC Frying Pan Shoals Beach Nourishment Project Village of Bald Head Island MAR 2 8 2�17 RECEIVED JUN 12 2017 grand mean sand content for composite samples from the proposed borrow site was 92.09%, and the percent fines measured over depth (to -25 ft MLW) was low (2% on average). Itk9W-reUN&CITY expected based upon these results and the findings of other geotechnical investigations in similarly occurring, nearby shoal features that depositional sediments above a certain elevation within the defined borrow area will be of beach quality. The continuity of the predicted horizon of sands above either clay or silty sands is highly predictable at this location (Olsen Associates 2016). The permit request will seek authorization to dredge above that horizon. III. Proposed Work In order to plan for and address expected sediment deficits over the next several decades, the Village of Bald Head Island has identified an approximate 460-acre sand source site for the acquisition of beach -compatible material suitable for placement along the South and West Beach shorelines. The volume of sand placed for such a project should be sufficient to both address expected sediment losses between federal disposal events, as well as ensure adequate improved beach widths along the entirety of the South Beach shorefront. The proposed borrow source to be permitted is located on the western portion of the Frying Pan Shoals formation approximately 1 mile off the southeast shoreline of Bald Head Island. Sediment identified within the Frying Pan Shoals borrow site will be excavated by cutter suction dredge and pumped by submerged pipeline to the South Beach and West Beach shorelines. Assuming a neat sand volume to -20 ft NAVD88, the identified borrow site could theoretically yield up to 5.2 Mcy. To an elevation of -25 ft NAVD88, the neat sand volume is estimated to be 8.5 Mcy. It is anticipated that these tentative maximum volumes would be reduced by the inability of any dredge operation to effectively excavate all sediment within a defined contract borrow site. There will also be a small percentage loss of sediment during excavation and placement operations. Within the borrow area there is included a 9.73 A Exclusion Zone intended to avoid impact to potential cultural resources. The proposed limits of beach fill are from Station 0+00 on West Beach to Station 218+00 on eastern South Beach (see Sheet 2 of 9). The beach fill berm will maintain an approximate average elevation of +8 ft. NGVD which is consistent with prior beach disposal berms constructed by the Wilmington District USACOE since 2001. A mild slope in the seaward direction will be introduced into the berm (by grading) to reduce post -placement scarping and enhance post -construction turtle nesting activities. Should dune erosion or benching be evident at the time of construction, up to 5 cy of sand per ft. of shorefront would be mechanically moved and graded to repair the duneline. Any revegetation REC°-1VED C4MA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) DCM WILMINGTON, NC Frying Pan Shoals Beach Nourishment Project Village of Bald Head Island MAR 2 % 2017 RECEIVED JUN 12, P017 necessary for dune stabilization would be performed by the Village under separate cont wc3.suhselyyIVVytl1�ttnl1�� TY to fill placement completion by the dredge contractor. Post -construction beach tilling will be performedD C'I based upon consultation with Resource Agencies after each future fill event. It can be reliably assumed that a 27"-30" cutter suction dredge (Ocean Certified) will be utilized to excavate material from the permitted site. Draft considerations for such plant argue for the inclusion of an excavated access fairway between the -20 ft contour and the westernmost boundary of the borrow site. The creation of an optional fairway will be at the discretion of the dredge contractor. Any material to be removed from a fairway (if constructed) is beach compatible and would be placed within the shorefront beach fill site. The effective width of the fairway would not exceed 400 ft. Its maximum effective area would be 22.5 acres, or less. Borrow Site Recovery The selection of the proposed Bald Head Island borrow site capitalized on the findings of hydrographic surveys, geotechnical investigations, and two phases of cultural resource investigation. Of specific interest in the development of the borrow site were the following characteristics: • reasonable accessibility to Bald Head Island; • documented strata of high quality beach compatible sediment suitable for meeting both State Standards and post -placement performance criteria acceptable to the Engineer and the project Sponsor; • desirable constructability characteristics for purposes of sand excavation and beach fill construction by an ocean -certified cutter suction dredge; • avoidance of cultural resources necessary for operational feasibility, and • siting of the borrow area in a known dynamic but highly depositional area for purposes of ensuring rapid substrate recovery. The design depth of the proposed borrow site is such that substrate sediments exposed immediately after project construction will continue to consist of high quality sands. Future sedimentary conditions will therefore initially be influenced by slumping of excavation perimeter side slopes (i.e., sand) and deposition from predictable sediment transport along the marginal shoal feature as presently exists today. Advance quantification of infilling rates are difficult due to equilibration processes between cut and uncut portions of shoal during the first few years following dredging. Physical monitoring pf e pi}tts�t - j v ED borrow site recovery is proposed. It is well documented however that the section of shoal i08nMINGT0N, NC LAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) MAR 2 8 2017 Frying Pan Shoals Beach Nourishment Project Village of Bald Head Island 4 naturally depositional both in the modern day and the morphological sense. Regardless of future realized sediment deposition rates, the probability of sedimentation by similar sandy material (in contrast to fines, organics, clays, etc.) is excellent (McNinch, 2009) and is the principal post -construction borrow site characteristic desired for purposes of rapid recovery of benthic communities (Bergquist, et.al. 2008) and minimization of potential effects to EFH. IV. Post -Construction Monitoring The Village as permittee will perform physical monitoring of a dredged borrow site immediately after construction, annually for three (3) years and biennially thereafter. The post -construction bathymetry will be compared annually with subsequent monitoring results to calculate in -filling or "recharge" of the site. The results of the monitoring will be incorporated into the Village's existing comprehensive Shoreline Monitoring Program and reported annually. The footprint of each monitoring survey shall include the entire permitted site as well as the actual area of excavation within. Any changes in morphology to the Frying Pan Shoals formation will be evaluated and discussed — as relevant. Changes in bathymetry proximate to any cultural resource buffer will be monitored. The Village will coordinate with all State and Federal regulatory agencies prior to the initiation of each redundant excavation within the overall permitted area. The strategic design rationale for each excavation will be provided for all subsequent dredging operations or contracts proposed by the Village. The frequency of physical monitoring surveys will be "reset" after each dredging event. RECEIVED JUN 12 2017 DCM- MHD CITY c�Ec -:IVED DCM WILMINGTON, NC MAR 2 S 2017 LAMA Permit 91-14 Major Modification, Project Narrative, December 1016 (updated March 1017) Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island 5 V. Source of Information Berquist, D.C., S.E. Crowe, M. Levisen and R.F. Van Dolah. 2008. Change and recovery of physical and biological characteristics at beach and borrow areas impacted by the 2005 Folly Beach nourishment project. For Charleston District, US Army Corps of Engineers, Charleston, South Carolina. Final Report by South Carolina Department of Natural Resources. McNinch, Jesse. 2009. Literature Review of Cuspate Forelands, Implications to Dredging Frying Pan Shoals. Prepared for USACE, unpublished. 64 pp. Olsen Associates, Inc., 2011. Bald Head Island, NC. Beach Monitoring Program: Monitoring Report No. 9 (May 2010 - May 2011). Report prepared for Village of Bald Head Island. Olsen Associates, Inc. 2618 Herschel St., Jacksonville, FL 32204. 69 pp plus app. Olsen Associates, Inc., 2016. Frying Pan Shoals Sand Search Investigation. Report prepared for Village of Bald Head Island. Olsen Associates, Inc. 2618 Herschel St., Jacksonville, FL 32204. 38 pp plus app. Tidewater Atlantic Research (TAR), 2016. Remote -Sensing Reconnaissance Survey at the Location of a Proposed Borrow Site on Frying Pan Shoals Off Bald Head Island, Brunswick County, North Carolina. 17 pp. ENCL: Permit Sheets 1-9 RECEIVED JUN 12 2017 DCM- MHD CITY REC-71VED DCM WILMINGTON, NC MAR 2 8 2011 LAMA Permit 91-14 Major Modification, Project Narrative, December 2016 (updated March 2017) Frying Pan Shoals Beach Nourishment Project Village of Bald Head Island 6 salt ■Fl APPLICATION for HECIVED Malor Development Permit JUN 12, P017 (last revised 12/27106) DCM- MHQ North Carolina DIVISION OF CO 3 NAGEMENT 1. Primary Applicant/ Landowner Information Business Name Village Of Bald Head Island Project Name (if applicable) Frying Pan Shoals Beach Nourishment Project Applicant 1: First Name Mr. Chris MI Last Name McCall Applicant 2: First Name MI Last Name ff additional applicants, please allach an addihbnel paga(s) with names listed. Mailing Address P.O. Box 3009 PO Box City Bald Head Island State NC ZIP 28461 Country USA Phone No. 910-457-9700 md.1002 FAX No. 910-457-6206 Street Address (d different from above) City State ZIP Email cmccall@villogebhi.org 2. Agent/Contractor Information Business Name Land Management Group, Inc. Agentl Contractor 1: First Name MI Last Name Christian Prevost Agentl Contractor 2: First Name MI Last Name Olsen Associates Inc., Erik Olsen Mailing Address PO Box city State 3805 Wrightsville Avenue #15 Wilmington NC ZIP Phone No.1 Phone No. 2 28403 910-452-0001 ext. ext. FAX No. Contractor M 910 452 0060 Street Address (if different from above) City State ZIP Email cpreziosi@Imgroup.net; eolsen@osen-associates.com dCM WILMINGTON, NC <Form continues on back> JAN 2 5 2017 2.52,.808.2838 ,: 1-888�41RCOAAST a: wvww.nacoastalmsnsgement.nst Form DCM MP-1 (Page 2 of 5) RECEIVED APPLICATION for Major Development Permit JUN 12 2017 3. Project Locadon DGM M County (can be multiple) Street Address 13&teTRd. # Brunswick NA NA Subdivision Name City State Zip NA Village of Bald Head Island INC 28461 - Phone No. Lot No.(s) (if many, attach additional page with list) 910 - 457 - 4926 ext. NA, a. In which INC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear River Atlantic Ocean (borrow area and South Beach nourishment area); Cape Fear River (West Beach nourishment) 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 (borrow area and South Beach nourishment area); Cape Fear River (West Beach nourishment) e. Is proposed work within dry limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. Village of Bald Head Island 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) 21,800 Ift of beach nourishment NA C. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NA, I NWL (normal wafer level) (if many lot sizes, please attach additional pegs with a list) Elevation varies between 0 ft to +6 ft NHW (+f-) ®NHW or ❑NWL e. Vegetation on tract Proposed beach nourishment area consists of unvegetated intertidal beach and denuded dry beach areas. f. Man-made features and uses now on tract Within beach nourishment area; terminal groin, sand tube groins, beach fill, manmade dunes. g. Identify and describe the existing land uses ad seen to the proposed project site. Residential homes, busienesses and public infrastructure (roads, water, sewer, etc.) h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? NA (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 DNA If yes, by whom? Tidewater Atlantic Research, Inc. 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? 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanag emen ' C JAN 252017 Form DCM MP-1 (Page 3 of 5) 'F-CEIVE®APPLICATION for JUN 12 2017 Major Development Permit ")CM- MHD CITY <Form continues on next page> m. (i) Are there wetlands on the site? []Yes SNo (it) Are there coastal wetlands on the site? ❑Yes SNo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. NA o. Describe existing drinking water supply source. NA p. Describe existing storm water management or treatment systems. NA & Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial SPublidGovernment ❑Privatelcommunity, b. Give a brief description of purpose, use, and daily operations of the project when complete. Purpose is to provide a current and future source of beach compatible sand to address documented sand losses between federal disposal events and to ensure adequate improved beach widths along South Beach and West Beach. Nourishment is proposed along the shorelines that receive periodic nourishment from the federally -sponsored Wilmington Harbor dredge and disposal project. Village -sponsored beach nourishment will maintain the beach resources and will protect adjacent residential homes, businesses, and infrastructure. Daily use of the beach will be recreational by the residents of Bald Head Island and the general public. 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. Dredging of the proposed off -shore borrow area will be by 27" to 30" cutter suction dredge. Material will be piped to the beach by hydraulic pipeline and booster pumps. Land -based equipment for fill placement will include bulldozers (D8 or similar), dredge pipe, and payloaders. d. List all development activities you propose. Excavation of beach compatible sand (to a depth no greater than -26 NAVD88) from a 460-acres borrow area within Frying Pan Shoals; placement of sand along approximately 21,800 lit of West Beach and South Beach. The construction bens will maintain an approximate elevation of +8ft NAVD which is consistent with the federal disposal fill template. A mild slope in the seaward direction will be graded to reduce post -placement scarping. e. Are the proposed activities maintenance of an existing project, new work, or both? Maintenance (of shorelines receiving periodic federal disposal) f. What is the approximate total disturbed land area resulting from the proposed project? Approx. 50 ❑Sq.Ft or S Acres g. Will the proposed project encroach an any public easement, public accessway or other area SYes [:]No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sand placement by dredge or mechanical means will occur seaward of the MHWL. I. Will wastewater or stormwater be discharged into a wetland? []Yes ❑No SNA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No SNA e.ar_:iGEIVED 252�808.2808 :: 1-888-4RCOAST :: www.necoostalmanagemeOrjWVVILMINGTON, NC JAN 252017 RECEIVED Form DCM MP-1 (Page 4 of 5) APPLICATION for JUN 12 2017 Major Development Permit j. Is there any mitigation proposed? -" No DNA If yes, attach a mitigation proposal. <Form continues on back> 6. Addidonal Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application Instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Adjacent Property were owners notified during initial project; CAMA Permit 91-14 Phone No. issued 10/21/14 and for federal nourishment project. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, per matee, and issuing dates. CAMA 91-14; COE 2014-00661; CAMA 60-09; COE 2007- 02699; CAMA 139-10; COE 2009-02334; CAMA 9-95; COE 199404687. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowleddge. / Date December20, 2016 Print Name NNe��0l fT1A(✓ AE1/0Sf 1A1014ANMt44FME�- 4R0✓P (A") Signature NMI Please indicate application attachments pertaining to your proposed project. 252-809-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement RECEIVE DCM WILMINGTON, NC IAN 9 6 ^e17 Form DCM MP-1 (Page 5 of 5) APPLICATION for ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information Major Development Permit RECEIVED JUN 12 2017 DCM- MHD CITY RECEIVED 252-808-2808 :: 1.888.4RCOAST :: www.ncconstalmanagemorDGMtWILMINGTON, NC JAN 2 5 2017 Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Irregular Length NA NA NA NA NA NA Shape - See Question 1a below Irregular Width NA NA NA NA NA NA Shape -See Question 1a. below Avg. Existing NA NA NA NA NA NA varies Depth Final Project NA NA NA NA NA NA vares Depth a Amount of material to be cubic yards. or Frying Pan Shoal Borrow Site- Compatible volume estimated between 5.2 Mcy (-20ft NAVD88 final depth) and a maximum 8.5 Mcy (-25ft NAVD88 final depth) to be availabe for long-term use. Estimated 1.872 Mcy needed for current event. The approximate acreage of the borrow area (minus the 9.73-acre exclusion zone) is 450.27 acres (equivalent to 19,613,761 sf). An optional fairway area consists of 22.5 acres (equivalent to 980,100 so, ❑This section not Type of material to be excavated. Beach -compatible sand (see attached Sand Search Investigation for geotechnical information and sediment analysis, Olsen 2016) c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), None or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: RECEIVED To provide a source of beach fill for continued beach maintenance and protection of adjacent residential homes, SUN 1 2 2017 businesses, and infrastructure along South Beach and West Beach. DCM- MHD CITY It DISPOSAL OF EXCAVATEQ, MATERIALhts section not applicable a. Location of disposal area b Dimensions of disposal area. Oceanfront shoreline of South Beach and riverfront Dimensions will vary based upon the beach profiles at the shoreline of West Beach (see Sheet 2 of 9) time of construction (refer to Sheet 3 of 9 attached). Estimated to be an average width of 100 ft over the length of the project. DCM WILMINGTON, NC MAR 2 S 2017 252.808-2808 :: 1.888-4RCOAST :: viww.neeoastalmanauement.net revised: 72/26/06 Forth DCM MP-2 (Excavation and Fill, Page 2 of 3) c. (1) Do you claim title to disposal area? SYes []No ❑NA (ii) If no, attach a letter granting permission from the owner. d. (1) Will a disposal area be available for future maintenance? ®Yes ❑No ❑NA (ii) If yes, where? Beach nourishment footprint along West Beach established by terminal groin project and footprint along South Beach established by Wilmington Harbor federal disposal project. e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? II submerged aquatic vegetation (SAV), shell bottom (SB), SYes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (ii) If yes, how much water area is affected? ❑CW ❑SAV ❑SB Amount of material placed below MHW will vary- See Sheet 3 ❑WL NNone of 9. Area below MHW to be affected is estimated to be 30 (ii) Describe the purpose of disposal in these areas: acres depending upon beach profiles at the time of construction. Maintenance of beach fill and protection of adjacent homes, businesses, and infrastructure. ❑Bulkhead ❑Riprap ❑Breakwater/Sill NOther. Beach Width: Width will vary based on slopes and elevations at time of nourishment with protective berm. placement (see Shet 3 of 9) c. Average distance waterward of NHW or NWL: Varies (see Figure d. Maximum distance waterward of NHW or NWL. —100 ft 3 of 9). e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12 Clean beach compatible sand for protective berm at base of dunes. months? SYes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. Average 371,700 cy per year, per Village's Beach Monitoring Program. g. Number of square feet of fill to be placed below water level. It. Type of fill material. Bulkhead backfill _ Riprap Clean beach compatible sand. RECEIVED 'f C Breakwater/Sill Other — 500.000 cv. R CC C I� / C G V G i. Source of fill material. JUN qO 2017 Frying Pan Shoals Borrow Area as described in this permit I application. DCM- MHD CITY 4. OTHER FILL ACTIVITIES " ❑This section not appricable (Excluding Shoreline Stabilization) a (il Will III material be brought to the site? NYes ❑No ]NA b (i) Will fill material be placed in coastal wetlandsimarsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (ii) Amount of material to be placed in the water varies - other wetlands (WL)? If any boxes are checked, provide the estimated 500.00 cv (see Sheet 3 of 9) number of square feet affected. w Dimensions of fill area 21.800 Ift with varying width (see ❑WL ❑SAV ❑SB Sheets ❑WL NNone Sheets 2 and 3 of 9). (iv) Purpose of fill (ii) Describe the purpose of the fill in these areas: Beach fill construction for maintained protection of homes, NA businesses, and infrastructure along West and South Beaches. R EC `: i V ED DCM WILMINGTON, NC 252-808-2808 :: 1-888-4111 www.nccoastalmanagement.net 1 _._. DCM Form DCM MP-2 (Excavation and Fill, Page 3 of 3) C. (i) Will navigational aids be required as a result of the project? ❑Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. December 20, 2016 Date Frying Pan Shoals Beach Nourishment Project Project Name of Said Head Island d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ❑No ®NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. App nt N ���/ 7,GUJ 1 /Ii1Nt10 /YIANAAHN 11T'i �IW� /ILL ���BvVi� nppilcen Sign RECEIVED JUN 12, Z017 DCM- MHD CITY 252-808-2808::1-888-4RCOAST:: www.nccoastalmanagement.net DCM WICEIVE INC revised: 1zl2&06 JAN 252011 Form DCM MP-2 (Excavation and Fill, Page 3 of 3) a. How will excavated or fill material be kept on site and erosion controlled? Temporary toe -dike to be used. In addition, grading sloped beach profile will promote more rapid beach equilibrium. Engineered nourished beach will help to reduce erosion of upper beach and dunes. c. (i) Will navigational aids be required as a result of the project? []Yes ❑No ®NA (ii) If yes, explain what type and how they will be implemented. December 20, 2016 (updated March 28, 2017) Date Frying Pan Shoals Beach Nourishment Project Project Name Village of Bald Head Island Applicant Name Christian Preziosi (Land Management Group, Agent) Applicant Signature b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Assumed 27" to 30" cutter suction dredge. Payloaders, dozers; backhoes for beach placement. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ❑No ®NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEIVED JUN 12 P017 DCM- MHD CITY SEC<AVED DCM WILMINGTON, NC MAR 282017 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanasrement.net revised: 12/26/06 OIIM a ' , • J � , D /�@', The 8 • L ' 'Sal za `COL REDS Ok MFRC.. ON LINE �' %♦ U PO , :eRECEIVE O , •.�/�. 16 � za 9` \� 4+ 414 aa" JUN 12 2017 APPLICANT: VILLAGE OF BALD HEAD ISLAND � ''�° �•�;� 3.�ka , � °� � /u p^/�'E/✓•,El„, ENGINEER: v� ..•• Bev y M- MHD OLSEN ASSOCIATES, INC. r _ ,! ay a . y I / a y: re M AGENT: fz �zfAa °, kn "r'" fa ERIK I. OLSEN, P.E. y� (�/ " 4 y. 1�7 �, �JS• �sa .L n}17 IRa}.h•OYI,. ,•, WIRI� jY �7a ww"_."° N` 1 BALD HEAD ISLAND [' a •: BNAHRid �• H: 'N as / • R / i ! rrna @. • - .'t T : 5 Sa Y/ r• P N• ONSUPW f 2 2a J IB IS 11 16 .® ., .� al' , 26 �23 i'ATIANTICOCEAN° 'a I' APH EA ( --A ItM — �'_' 2o� / ro �j s 161W PAN SHOALS 7' ! DATUM: MLLW / / �y , i- / NTS O LI CAPE HATTERAS GAPE LOOK C =1 V E D DGM WILMINGTON, REF: LAMA 91-14 SAW-2012MMO A /1_ ! 'C� ATLANTIM�iy8V2017 BRUNSWICK COUNTY, N.C. GAPE FEAR 51TE VILLAGE OF BALD HEAD ISLAND DAE APPROVED R VIS ON 12/5/2016 61NE •.' 3f. also Y' YING PAN SHOALS BORROW SITE AND DRAWN BY: s 2618 9Q`' BEACH RENOURISHMENT ML lackaonvlle, 87-6114 SHEEP , 1 ' C-1468 PROJECT LOCATION 1 of 9 AP SCALE � EARS O` e ` 0 1100 2200 FEE NOTES: 1. PROJECT BASELINE UTILIZED FOR ANNUAL BEACH MONITORING BY VILLAGE AND FEDERAL BEACH DISPOSAL PROJECT CONSTRUCTION BY WILMINGTON DISTRICT, USACOE. 2. REF: CAMA 91-14, SAW-2012-00040 c 3. FILL MAY INCLUDE TAPER PAST STA 218+00 g D 9 m olsen assodates. inc 2618 Herschel Street Jacksonville, FL. 32204 (9041 387-6114 C-1468 VILLAGE OF BALD HEAD ISLAND FRYING PAN SHOALS BORROW SITE AND BEACH RENOURISHMENT PROJECT BASELINE AND LIMITS OF FILL - - n... :1 .low 'r low Y sr.« low low sws ,ur low w.. ,,.w ww w., +w. ^'r %ft RECEIVEI JUN 12 2017 DCM- MHD C LIMITS OF FUTURE PROJECT RELATED FILL ACTIVITIES BY VILLAGE UTILIZING [RYING PAN SHOALS RROW SITE OCTOBER 2016 PHOTOGRAPHY 12/5/2016 ML SHEET DCM WILMINGTON, NC MAR1)a"117 EXISTING DUNE OF PROJECT EASEMENT DISTANCE VARIES EXISTING BEACH PROFILE (TYP) NOTES: 1) FILL DENSITY TO VARY SPATIALLY DEPENDING ON CONDITION OF BEACH AT TIME OF CONSTRUCTION. 2) DUNE RESTORATION (AS REQUIRED) WILL BE INCLUDED. LOCAL TIDAL DATUMS (FT) MHHW +2.8 MHW +2.S NAVD+1.1 NGVD(29) 0.0 MLW -1.8 MLLW -2.0 DUNE CONDITIOI VARY BEACH FILL REF; CAMA 91-14 SAW-2012-OW40 +8.5' SLOPE SOUTH BEACH ATLANTICOCEAN 0 RECEIVE D DISTANCE VARIES JUN 12 201 W m DCM- MHD C ITY W +8.0' NGVD AVERAGE FILL DENSITY -- - APPROX. 100cy/ft toy r� BEACH FILL MHW (2.5' NGVD) ASSUMED FILL TEMPLATE SLOPE DURING CONSTRUCTION v--12TO -15FT NGVD (TYP) L SLOPE INTERCEPT TYPICAL SECTION OF FILLTOE NTS DATUM: NGVD 29 WEST BEACH +8.5 —+8' NGVD — — — AVERAGE FILL DENSITY— MHW 1+2.5' NGVD) APPROX. 30cy/ft (Maxj -- 127TY-FT-----�--—— ———— —— ---- i 20' MLW (-1.8' NGVD) CAPE FEAR RIVER CHANNEL GORGE "�"� �EC,:WED EXISTING D ' 9NILMINGTON, NC TYPICAL SECTION PROFILE (TYP) 2 S 2017 NTS DATUM: NGVD 29 NOT FOR PURPOSES OF CONSTRUCTION VILLAGE OF BALD HEAD ISLAND DATE APPROVED RFVESION "-= oIs@associotes. im. FRYING PAN SHOALS BORROW SrrE AND 12/5/2016 RAWN BY: 2618 Herschel Sheet BEACH RENOURISHMENT ML Jacksonville, FL. 32201 MC-1468-13 16114 TYPICAL BEACH FILL SECTIONS SHEEP of 9 R jj{ Z KK " Z �q i p q O* Z M ` O F t s I .. q '• i It i A •� d' d N .A BF p 6 R. .q A lt-I A I N R X _ a Rsilos jaF V A q q �9i�F�ri q a q. n R R [ q Y Y %'R F ;A,,R iN V Q:i . RE EIV D t R •R QQ R i Aj a qp lI JU 12'Z07 Lu .4 " DCM— HD CITY i sV ♦bqqaa m • i .ai dal iA i � 8• � � " * is%� i \� )! l r..�r a p Zli�� 9 y.� �Gt 51• U tl f .6 DEPTHS - NAINGSINGFCAtRUMION VILLAGE OF BALD HEAD ISLAND ogre APMro RE° °" o�$eri G VE 12/5/2016 associates, Inc. FRYING PAN SHOALS BORROW SITE AND o N BY: 2618 Herschel Sheet BEACH RENOURISHMENT CM ILMIN -TON' �1 ML JWksompe, FL.32204 BALD HEAD ISLAND SHEEP (904) 387-6114 MORPHOLOGICAL FEATURES M R 2 8 2017 C-1468 4 Of 9 q,. c z�-!°o 0 s� Asa 3� :o s, �wgl S f C V 4z O < Z< a _ m 24 _ T 24 / /R •2• T W Z > > ,> OR / 26 29_-28 ss. 35 \ ?•... �\-...-.39, z0 OD 0 3927. .•e.�ce^raksa+ r S A; K.'F \r7` .ftO�+a r..�w-mrfdrJ03 / 25 4� � 0 a y ,p .24 36 32 / 39 (7 cQ ZmZ<rUSr 4 XNl--i AY4s\ 26 /3�... 37 4 r N D m Z a` 4a \\ 38 e6 / ay'r\''`'. 41 ' Z RTy \\; yuJ mn 25Q O .,•43 /� ` F'' 43 q •i9 pi C 36 40 42 40 i _2 i 43 42 A -Fi BORROW SITE (SEE SHEET 7) FAIRWAY 7' 2—f ;a � ------4 46 ea 3d APPROXIMATE SCALE d r Q, Z IR 0 1 2 4Mdes o O Z m 3 ` HYDROGRAPHY (2014) >— f'7 a v N < 0 V � v 36 34 23 35 37 •a YA mw..>a+l bn a.e esw.R 3..m3 m..wn mrrnq uRnn•v f# i.p. b wr wpq q M law p.r R.s. vn Wetl•e n 9YA �C C rnwbin .+s>s!m n n Fl3M!llaw3mf ww® LI m 28 If)26 33 3S ;. c 2s 3• FRYING PAN SHOALS (LIMITS OF 2 SAND SEARCH) a 31 J' 29 X I 31 +o p +!. p 34 X 26 2. 35 a a u 32 tE 33 25 33 29 7 Z s I 5 � fl !3 SURVEY BY GEODYNAMICS FAIRWAY IS OPTIONAL T z< c� 0 M T A D Z Gn m O =1 OT 6—^ ZDD m O[;;� 220 0 y Koo m0US Z —ZiHj mZ a� z 0 .ws .s esR a — Pam, — — mw — — amp 4 16 16 10 - 17 T 14 6 27 14 yS 17 15 25 F1Y4sPry Sn 16 21 CAPE4FEAR • 20 e�� � 19 h S 13 7 . 3 Qf 9 .3 24 25 M FAIRWAY 15 10 7 :,• 7 h SBORROW 21 5 SITE 19 (SEE SHEET 7) 29 24 h 22 10 t C 2 DETAILED 1�TUD�Y AREA 31 27 S 21 } FRYING PAN 34 3 26 0 9 SHOALS PA v 16 � 's aa� � a n� :.. a n� n� SngleEeam F.cnvsvunNr-DigMlEhvaLbn M°N/ avry uq.26t. aaan. �rfd A cv.e..n. n"meN 4w uerrtiantrt". �'•• 4,p Notes: '•e eM1o'm a MR �mwon. oyivi eb..ao" sbeei v..eNH lm .nwN.a ven mueeea ana�oon /1 Sub4FqlnVan Sum lJM, EuE-0an°m 8urvry January16-14,2016 w a� n' A a" 1. -.j• �• ••• vN. mwwwear.n.y to-ta vvie, .. wwi es a.eoeoo m Nv b w Nmwn mm.r rtov ..rei.e..m .v..r a^v M1e: t Drawn BY'� Ben Sumners _ _ � I i.ry-wquec mt. a°nw mmoun an t . �vanus, pat0: p°016, 2018 Survey Area 3�' j Z Nil raFlbunm.,an SM1 •� �...•"e'a'etl By. CAM Freeman 61aP Nn SB2c �- a % _ - r••, avq.aon xwea ncavr rmtt avvv. nnv°ee .s.... to v �'•" n 1 DEPTHS -NAVD88 ID Eaptrg Northing 1 2,317,210 26,975 2 2,316,336 26,975 3 2,316,336 28,406 4 2,313,135 28,406 5 2,310,681 28,406 6 2,310,681 28,806 7 2,313,135 28,806 T i(7 Z < �P OD 0 �z0 m O Ax00 f" O v - z v p O Z .0v ti rn�in Zy5; o Z vZ ma z v ................... 400r LIMIT OF DREDGE CUT, WE SHEET 9) • E e BORROW SITE EXCAVATION - N.T.E. 2MCY 1 Seabed Elevation (ft-NAVD88) 0 1 2 .3 -4 -s -6 4 -8 .9 .10 -11 -12 -13 .14 -15 -16 -17 .18 -19 -20 -21 -22 -23 -24 25 25,400 ID Eaa6ng Northing s A 2,313,135 29,566 25,200 B 2$17,210 29,566 7 V > 25,000 C 2,317,210 24,359 D 2,313,833 24,359 • j E 2,33 26,044 j 3 A• 3�F 2,31835 26,044 > RVEY BY GEODYNAMICS CCC ))) n a'^ ni c ;m > s�ssssssssssssss sas�+ s z m n m 14 N 1 11 14 0; fYl 0? f T a v a d a , v')' .4 I N ro u ,a ,c e n n i m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m tz N N N fV N 14 N N N N N N N N N N fV NV N N N ffV N N N N N N N N N N N v N z ® a F Northing (ft-NAD63) ER EXCLUSION ZONE = 9.73 ACRE3� V ; ) �O �, % OPTIONAL FAIRWAY (4,5,6,7) = 22.5 ACRES'BORROW SITE (AB1234A) =137 ACRES ID Long Lat A -77.969143 33.8267635 B -77.9557288 33.8266465 C -77.9559091 33.8123413 D -77.9670236 33.8124384 E -77.9669659 33.8170676 F-77.9692633 33.8170875 RECEIVED JUN 12 2017 Dr--MW MHD CITY 0 L v $loI z LV m, Z G) O A 0 ig Cn o K N v 0 REQUIRED FOR DREDGE ACCI TO BORROW SITE (OPTIONAL) (-21 FT OR LESS) i VERTICAL EXAGGERATION NA LOCAL TIDAL DATUMS IFT) MHH W +2.8 MHW +2.5 NAVD(88)+1.1 NGVD(29) 0.0 MLW -1.8 MLLW -2.0 AMBIENT SEABED ,I, BORROWSITE C 0 5 u 40 45 DESIGN DEPTH I ,� 2 FT ALLOWABLE OVERDEPTH -25 2,000 3,000 4, DISTANCE (FEET) SECTION A • A' NOTES: I. FAIRWAY FOR SAFE ACCESSIEGRESS TO AND FROM BORROW SITE. 2. FAIRWAY TO BE CONSTRUCTED (ALL OR PART) BY DREDGE CONTRACTOR - IF NEEDED TO ADDRESS DRAFT REQUIREMENTS OF DREDGE. 3. FAIRWAY WIDTH NOT TO EXCEED 400 FT. 4. SEDIMENT ANGLE OF REPOSE WILL VARY. -w 6,000 BORROW SITE DESIGN DEPTH -20 FT NGVD (29) .21 FT NAVD (BB) ALLOWABLE OVERDEPTH -2 FT -1�7+1 LD N :]lesao 2150000 2310000 2316200 BUFFER ZONE COORDINATES /4 N (FT-NAD83) 1 A N:28,400 1 ti E: 2,315,857 B N: 28.226 I E: 2,316,336 --, C N:27,445 i E:2,316,052 D N: 27,619 E: 2,315,573 ----- — o2�5n..usOTH, • O.r • ,.." pp qM1) v 0].n rop2 I h 242.!n r, 1913'4CRC 1 ws•.•c.2 eo .4.a l i� �• w flJ Q M 2 N / U 14 4 f,lv i 54 -H GI • pm2 00" y T.A.R. BUFFER ♦ _ � (2016) $]D o�40apu � • 070a y 11171 • LIMIT OF DREDGING 8 ^ 55 110 220 330 440 Feet 23 1;we ni•ano ntma 2214200 NOT FOR PURPOSES OF CONSTRUCTION Olsen VILLAGE OF BALD HEAD ISLAND DATE APPROVED R 15ro 2/5/2016 �iotes. inc. FRYING PAN SHOALS BORROW SITE AND E i V D auwN er: 2618 Herschel Slreet BEACH RENOURISHMENT DC WIL INGT N, N ML Jacksonville, FL. 32204 SHEET 9 of 9 97-61C-1468u C-14� CULTURAL RESOURCES EXCLUSION ZONE MAR $ 20 ] RECEIVED ,1u,d 12 2017 DCNI- MHD CITY Attachment A. Engineer's Response to RAI Items #1-#5 Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project LAMA Major Modification Request (State Permit No. 91-14) Response to Request for Additional Information From: Christian Preziosi [mailto:cpreziosi@lmgroup.net] Sent: Friday, May 26, 2017 4:01 PM To: MacPherson, Tara <tara.macpherson@ncdenr.gov>; eolsen@olsen-associates.com Cc: Smith, Ronnie D SAW (Ronnie.D.Smith@usace.army.mil)<Ronnie.D.Smith@usace.army.mil>; Coats, Heather <heather.coats@ncdenr.gov> Subject: RE: Frying Pan Shoals Nourishment Project Hi Tara, Please see the attached copy of the response to the Corps' request for additional information. Note also the attached updated permit drawings prepared by Erik (Sheets 5-8). This information has been submitted to Ronnie as part of the request to modify the DA permit. We are submitting a copy for DCM's use in supplementing the Village's request to modify State Permit No. 91-14. Let me know if you have any questions or require any additional information for the processing the major mod request. Thank you for your time and assistance with this project - Christian From: Christian Preziosi Sent: Wednesday, May 24, 2017 4:30 PM To:'MacPherson, Tara' <tara.macpherson@ncdenr.gov>; eolsen olsen-associates.com_ Cc: Smith, Ronnie D SAW (Ronnie. D.Smith@usace.armv.mil) <Ronnie.D.Smith@usace.armv.mil> Subject: RE: Frying Pan Shoals Nourishment Project Tara, Thanks for your email. As part of the Village's response to the federal request for additional information (RAI), Erik has prepared a couple of revised permit drawings. As such, we plan to furnish copies to DCM to supplement the application forthe Major Mod request. Note that no further sediment sampling is proposed as Erik believes that the sand search investigation is morethan sufficient to characterize the nature and quality of the material contained within the proposed borrow site. We will be submitting our response to the Corps by the end of this week — and will provide a full copy of our response to DCM as well. In the meantime, please call or email if you have any other questions or would like to discuss further. Thanks, Christian RECEIVED JUN 12 2017 DCM- MHD CITY ®" From: MacPherson, Tara[mailto:tara.macpherson@ncdenr.aovl Sent: Wednesday, May 24, 2017 3:04 PM To: eolsen@olsen-associates.com; Christian Preziosi <cpreziosi@Imttroup.net> Cc: Smith, Ronnie D SAW (Ronnie.D.Smith@usace.army.mil) <Ronnie.D.Smith@usace.armv.mil> Subject: Frying Pan Shoals Nourishment Project Erik, It has come to our attention that the Regulatory Reform Act of 2016-2017 was recently passed by the General Assembly and signed into law by the Governor as Session Law 2017-10. As I'm sure you are aware, this legislation included language that exempts NC's cape shoals from the technical standards of beach fill projects as described in 15A 07H .0312, which includes Frying Pan Shoals. On March 6, we sent a request for additional information that required further sampling in accordance with these technical standards. We have not received this information to date. The USACE also requested information pertaining to the use of Frying Pan Shoals as a borrow source in a letter dated 4/12/17. Many of the items addressed in their letter reference comments received from state and federal agencies. It is our understanding that the new legislation will not have any bearing on federal permitting requirements and on their permit process. As such, please advise us if you still intend to submit any additional information to support your application or if you want us to resume processing of your application as -is, given the passage of Session Law 2017-10. Please be aware that the project must still be determined to comply with 15A 07H .0308 and additional information may be needed pending further review by the commenting agencies. Thank you, Tara MacPherson Field Specialist NC Division of Coastal Management Department of Environmental Quality G ECEIVED JUN 12 2017 DCM- MHD CITY RECEIVE® FRYING PAN SHOALS NOURISHMENT PROJECT JUN 12 2017 State Permit No. 91-14 MAJOR MODIFICATION DCM_ MHD CITY Village of Bald Head Island, N.C. — Applicant Response to DCM — Request for Additional Information (6 March 2017) OVERVIEW Prior to addressing the request for additional (RAI) items addressed in the 6 March 2017 correspondence from Debra Wilson, it is appropriate to discuss the operational and feasibility aspects of acquiring various forms of data required by I SNACA07HO312 (the Technical Standards or "Sediment Rule" for Beach Fill Projects in N.C.). First, the South and West Beach segments of BHI shoreline to be nourished from material dredged from a newly developed Frying Pan Shoals borrow site have been the recipient of multiple sand disposal projects associated with the Wilmington Harbor navigation project (beginning in 2000). As such they are no longer "natural' sandy shorelines, but rather beaches comprised of varying percentages of sand and shell (carbonate material) dredged from three (3) abutting segments of the navigation channel. Moreover, the subject routine beach disposal operations have no scheduled termination due to the reoccurring requirement to maintain the federally authorized channel every two to three years. Various requirements of the adopted State standards therefore do not (and should not) apply. Precedent in this regard was established in the consideration and permitting of the Jay Bird Shoals Borrow Site (CAMA 67-09 and COE #2007-02699). As everyone should be aware, the Frying Pan Shoals formation in itself is typified by a highly energetic and unique wave and current environment. Hence, geotechnical exploration can be limited by operational and safety factors which affect accessibility, motion of the coring vessel and the nature of depositional sediments involved. Case in point — in order to perforia the 4bh9FP ta(JM WILMINGTON, NC 1 MAR 2 8 2017 shallow water coring necessary for the Frying Pan Shoal borrow site, a small shallow draft coring vessel is required. Unfortunately, the coring rigs associated with such vessels are often unable to achieve full penetration of the 20' core tube. Additionally, movement of the vessel due to wave and current surge can totally preclude the acquisition of any level of core at certain locations — irrespective of the number of attempts to do so. Where cores do not reach the full depth of excavation proposed, both self -similar work by others and/or alternate means of evaluating soils at depth (such as a sub -bottom survey) are required to supplement engineering judgement needed for borrow site design. For the Frying Pan Shoals Sand Search, reliance was made on the geotechnical findings of the Jay Bird Shoals borrow site, as well as a site specific sub -bottom survey and other cores acquired by the Wilmington District, USACOE in 2009. All of these efforts provide excellent secondary references for the determination of both the depth and the nature of high quality sediment associated with a future borrow site at the location proposed. The Rule in itself acknowledges the difficulties of comprehensively exploring or investigating dynamic inlet shoal systems. It is submitted that the exact same considerations apply to the highly dynamic Frying Pan Shoals formation. RAI RESPONSES 1. In April 2009, the Wilmington District, USACOE acquired 31 VIBRACORES westward of the Frying Pan Shoal formation in water depths averaging 15-20 ft mol. (see Figure 1). Vibracore no. FPS-V-09-5 typifies the sediments associated with the proposed dredge fairway. Both the Core Log and two grain size distributions curves are attached. As shown on the log, sediment above -26ft (NAVD 88) is considered to be SP material and acceptable for beach placement — should any portion of the fairway require dredging. The federal Vibracores in general are also useful in corroborating the typical geological horizon for beach compatible sediments in the overall area of interest. RECEIVED JUN 12 2017 RECi iVED DCN!- IVIND CITY DCM WILMINGTON, NC -2- MAR 2 8 2017 2. The "test" for shell material as addressed by Rule is inapplicable due to the fact that both West Beach and South Beach are the recipients of navigation project disposal material. A similar finding of non -applicability was determined during the permitting of the Jay Bird Shoals Borrow site in 2007 for all the same reasons. 3. The use of Multi -beam survey technology for the site under consideration is not warranted. Instead single beam survey to federal standards was performed. Multi -beam survey results would not provide any meaningful level of additional information on the vast majority of the Frying Pans Shoals formation which is in a continuous state of dynamic flux. That is to say, highly detailed survey data would be subject to change almost immediately due to the dynamic nature of the area of investigation. If multi -beam was intended to detect hard -bottom the side scan survey performed by T.A.R. suffices in that regard. Additional more detailed survey of each discrete borrow area within the larger area being permitted will be performed as part of the design process for a specific nourishment event. As applicable, multi -beam survey may be utilized at that time and incorporated into the construction documents. 4. As expected, the spatial extent of the Vibracores acquired was physically limited by operational and safety considerations. A minimum of three (3) coring attempts at different dates and weather conditions were attempted in order to ensure that "difficult" cores could not be acquired. Accordingly, engineering judgement based upon prior work at J.B. Shoals, sub - bottom profiling, etc. were utilized to guide the consultant in the identification of the sedimentary characteristics typifying the proposed borrow area. 5. See No. 4 above. -3- RECENED JUN 12 2017 DCM- MHD CITY i�EC:::iVED GCM WILMINGTON, NC MAR 282017 m 00 0 z z x m r 0 z RE EIVED JUIT 12 2017 CM- HD CITY FPS-V-09-3 Borrow Site Fairway FPS-V-09-19 ® FPS-V-09-5 FPS-V-v>-i !IECi7i ED DCM WILMIN TON, NC FPS-V-09-8 MAR 2 S 2017 FPS-V-09-18 FPS-V-09-9 0 C 0 0 0 0 0 0 0 0 0 rh a0 W O 1 N Cli V' N f0 N CO Cli (O cl�04 P') f-4 l'7 Cli C14 (M M 04 N N N N C-4 N N N N N N N N Easting (ft-NAD83) Figure 1: Location of USACOE cores relative to proposed borrow site. olsen RECEIVE® ALTERNATIVE SAND SOURCE SITES JUN 12 2017 VILLAGE OF BALD HEAD ISLAND BEACH NOURISHMENT MHD CITY Over the course of the last ten years, the Village of Bald Head Island (Village) has evaluated several potential sand source sites to offset sand losses associated with chronic and accelerated erosion along South Beach and West Beach. The highest rates of sand loss have occurred principally at the west end of South Beach in the vicinity of the Cape Fear River entrance. This prompted the Village of Bald Head Island (Village) to procure authorizations for, and subsequently construct, a 1,300-If terminal groin at this location. Construction of the terminal groin structure was completed in December 2015. While the terminal groin addresses chronic shoreline losses along western South Beach, it has been documented that the terminal groin and existing sand tube groin field are not sufficient, in and of themselves, to prevent or to adequately offset sand losses from South Beach or West Beach. Several alternative sand source sites have been evaluated under prior NEPA analyses for Village - sponsored nourishment projects (LMG and Olsen 2008, LMG 2014). The following source sites have been considered for the purpose of providing a sufficient quantity of sand for the proposed beach nourishment: (a) Wilmington Harbor Entrance Channel; (b) Jay Bird Shoals; (c) Bald Head Creek Shoal; (d) areas westward of the former federal channel alignment; (e) the EPA designated Wilmington Ocean Dredged Material Disposal Site (ODMDS); (f) confined disposal facilities (CDFs) along the upper reaches of the Cape Fear River; and (g) Frying Pan Shoals. The following is a description of each of these sand sources and their viability for use as a large-scale and long-term source of beach -compatible sand. Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites REG:_WED DCM WILMINGTON, NC MAR 2 8 201A k IVIE® 2 2017 A. Wilmington Harbor Entrance Channel Prior federal channel maintenance and disposal events conducted under the )QG%tMW1DoC1TY SMP have demonstrated that the innermost segment of the Ocean Entrance Channel is a suitable source of beach -compatible material. Navigation channel surveys for three channel reaches (Smith Island Channel, Baldhead Shoal Channel 1, and Baldhead Shoal Channel 2) continue to be conducted on bi-monthly intervals. Recent condition surveys performed in 2012 (preceding the Spring 2013 maintenance dredging contract indicate the occurrence of continued shoaling in the western side of the Smith Island Channel and the eastern side of Baldhead Shoal Reach 1 and 2 (USACE 2013). Areas of pronounced decreases in channel depth resulting from shoaling represent suitable high quality sources for beach nourishment material. Presently all sand to be dredged from the Wilmington Harbor entrance channel in 2018 by the USACE is scheduled to be placed on Oak Island. As a result, sand from these reaches is not available to the Village of Bald Head Island until 2021 at the earliest. Per the Wilmington Harbor Dredged Material Management Plan (USACE 1996) and the SMP (USACE 2000), beach quality sand can be found within the interior reaches north of the Smith Island Channel. According to sediment composition data, dredged material from Horseshoe Shoal and Reaves Point contained 98%sand and 99%sand, respectively (USACE 1996). The SMP contains a section dedicated to the management of sediments dredged from the Inner Harbor channels (Snows Marsh and Horseshoe Shoals channels). Based upon investigations conducted in support of the development of the SMP, it was estimated that 0.6 Mcy of beach quality material would be removed from these channels as part of the proposed Wilmington Harbor Deepening Project. Prior to 2000, maintenance dredging operations for these reaches utilized the ODMDS. Subsequent to the development and implementation of the SMP, placement of dredged material from these reaches may occur on adjacent beaches including Carolina Beach, Kure Beach, the Fort Fisher area, Bald Head Island, or Caswell Beach (when such options are deemed the least costly and environmentally acceptable alternatives that are consistent with the engineering requirements of the project) (USACE 2000). Village of Bald Head Island FPS Beach Nourishment Project SEC • IUED Alternative Sand Source Sites DCM WILMINGTON, NC MAR 282017 2 RECEIVED JUN 12 2017 B. Jay Bird Shoals DCM- MHD CITY Jay Bird Shoals is a linear, ebb tidal feature of the Cape Fear River and is situated immediately west of the confluence of the current Wilmington Harbor entrance channel and the former, abandoned channel. Suitable sediment (i.e. beach compatible by North Carolina sediment standard criteria) has been previously identified throughout much of the shoal feature to an average depth of -22 ft NGVD. In 2009, the Village of Bald Head Island received federal and state authorizations (Department of Army (DA) Permit No. 2007-02699 and CAMA Major Permit No. 67-09, respectively) to dredge up to 2M cy of material from Jay Bird Shoals. The permitted borrow site was approximately 158 acres and was located at the seaward end of the shoal. Prior to authorization of the final borrow site footprint, boundaries were refined to avoid and minimize disturbance to potential cultural and environmental resources. The final authorized borrow limits avoided shallow subtidal and intertidal habitat (Land Management Group and Olsen, 2009). Physical and biological monitoring of Jay Bird Shoals was completed prior to implementation of the project and continued for three years post -construction (LMG 2011, 2012, 2013) Approximately 1.85M cy of material (measured volume from borrow site) was excavated and pumped to South Beach and West Beach during the Village -sponsored 2009/2010 Beach Restoration Project. Detailed geotechnical analyses of the sediments within the Jay Bird Shoals depositional feature indicated that sediments within the shoal feature are characterized as SP sands under the Unified Soil Classification System and defined as poorly graded sands -gravelly sands with little to no fine sand components. SP sands were found to occur to an average depth of -25 ft at which point a thin clay layer was identified to exist. Overall, the sediments were determined to be compatible with the existing beach substrate on South Beach and West Beach as confirmed via post -nourishment inspections by the project engineer and staff of NC DCM and the NC Wildlife Resources Commission (WRC). Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites : _1 EC. _ l V E E) DOM WILMINGTON, NG3 MAR 2 8 2017 DECEIVED JUN 12 2017 Within the previously developed and analyzed Jay Bird Shoals borrow site r%r "O C1TY approximately 1 Mcy of sand. Permits issued for the recently constructed terminal groin, however, have conditions which operationally restrict near term excavation of the Jay Bird Shoals borrow area to 250,000 cy. This quantity is insufficient to meet the predicted erosional losses since 2015 (the date of the last federal beach disposal on South Beach). C. Bald Head Creek Shoal The depositional shoal feature located at the mouth of Bald Head Creek (BHC) represents a smaller volume sand source in the immediate vicinity of the Island. The creek mouth is located approximately 1600If north of the entrance to Bald Head Marina. BHC, itself, is a relatively small saltwater creek system (approximately 3.5 km from headwaters to mouth) subject to semidiurnal tidal flows. It is bordered to the south by Bald Head Island and to the north by Middle Island. In November 2010, the Village received federal and state authorization (DA Permit No. 198000291 and CAMA Major Permit No. 139-10, respectively) to dredge 100,000 cy of material from an approximate 21-acre borrow site at the mouth of BHC for the purpose of providing supplemental sand to a severely eroded segment of western South Beach. The permit was subsequently modified to allow for up to 140,000 cy of material to be excavated. In December 2008, fifteen Vibracores were acquired by the firm of Athena Technologies, Inc. throughout portions of the ebb tidal shoal feature located at the entrance to Bald Head Creek. The purpose of the effort was to document sediment conditions in the proposed excavation area for the project being considered at that time as well as to characterize the sediments of the ebb tidal platform in general. The sediments encountered were predominantly medium grained, moderately well sorted sands. It was common for sand lithologies to show layered variations in grain size from medium sands to finer sands. The coarser lenses were typically cleaner and occasionally reflected a higher percentage shell content. Carbonate content on average was generally about 10%. Shell material was typically finer grained with few instances of large intact Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites AEC -IVEID DCM WILIVINGTONWNC MAR 2 8 2017 RECEIVED JUN 12 2017 shells encountered. Fines content was also typically very low (i.e., about 1%±) witb IUMtt CITY of increase with depth Biological monitoring performed for three years post -dredging demonstrated rapid recovery of characteristic benthic taxa (LMG 2015). Physical monitoring also demonstrated in -filling with beach compatible sand. In 2016, the Village received state and federal authorizations to dredge the approximate 21-acre borrow site for the placement of up to 100,000 cy of sand on the shorelines of Row Boat Row and West Beach. This work was completed in early March 2017. Although there remains approximately 250,000 cy of sand within a permitted (but to -date unused) borrow area within the shoals of Bald Head Creek, use of that material is designated for offsetting any future adverse effects of the terminal groin (should such occur). As a result, this borrow site would not be viable to address the long-term, high -volume sand needs of South Beach and West Beach. D. Areas West of the Former Federal Channel Offshore sediment data acquired from areas situated immediately adjacent to the former federal channel alignment at the mouth of the Cape Fear River indicate a high content of fine sediments generally considered unsuitable for beach nourishment. Due to the nature of this material and the technical standards for beach placement, this alternative was determined not to be practicable during the 2008 NEPA process and permit evaluation. E. Offshore Ocean Dredged Material Disposal Site (ODMDS) The offshore ODMDS has been used for the disposal of dredged materials from the Wilmington Harbor Federal navigation project and the Military Ocean Terminal at Sunny Point (MOTSU) for many years. MOTSU is a military port facility located on the west bank of the Cape Fear River approximately 10 miles upstream from the river's mouth. Both the Federal navigation project and MOTSU require some level of annual maintenance dredging. Reaches of the Federal project Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites DCM WILMINGTON. NC MAR 2 8 2017 RECEIVED JUN 12 Z017 maintenance extend from the ocean bar channel at the mouth of the Cape Fear Riivrve��rrq to a point just north of Smith Creek on the Northeast Cape Fear River (north of WilmiRtC315AN_MQe CITY Wilmington Harbor Dredged Material Management Plan (DMMP) provides specific information as to the historical and present-day use of the ODMDS including documentation of the quantity and character of material placed within. In addition, an evaluation of potential beneficial uses of material dredged from the Federal navigation project is required as part of the DMMP. This requirement served as the premise for the establishment of the 2000 Wilmington Harbor Sand Management Plan (SMP) which specifically provides for the return of littoral material to the beachfront. According to the SMP, beach -compatible dredged material (sands) dredged from the ocean bar or river navigation channel should be placed on nearby beaches or within the active littoral system when it is economically and environmentally acceptable to do so. The DMMP clearly documents conditions of the two ODMDS sites (both the old site used until 2002 and the new site used for current dredged material disposal). Specific volume totals of dredged materials placed within the former ODMDS site are available from 1976 through 1999 (Table 2). Since 1987, the date of the site designation, approximately 27.6 Mcy of dredged materials have been placed within the ODMDS. The source of the material is divided into three general zones within the Cape Fear River: (1) the Wilmington Harbor Federal navigation project, ocean bar channels (WH-OB); (2) the Wilmington Harbor navigation channel to Wilmington, excluding the ocean bar and portions above the Lower Brunswick channel (WH-NAV); and (3) the MOTSU channel. Of the total material disposed in the ODMDS, approximately 15.5 Mcy (56%) of the material has come from WH-NAV and the MOTSU channels. As identified in Table 3, the mid - project reaches of WH-NAV and MOTSU exhibit significantly higher silt and clay components not compatible with beach placement. MOTSU dredged material alone (accounting for 12 Mcy or 43% of the total material placed in the ODMDS since 1987) is characterized as silty riverine sediments consisting of 70% silt and clay. Additionally, it is commonly reported that the ODMDS consists of woody debris associated with prior dredging of river bottom. In light of these Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites iEC .iv D DC WILMINGTM NC MAR 282017 documented conditions, this alternative was determined not to be practicable during the 20008 NEPA process and permit evaluation. RECEIVED JUN 12 2017 Table 2. Dredged Material Quantities from Wilmington Harbor Project 1976.1999. richA RAW CITY DREDGED MATERIAL QUANTITY CUBIC YARDS YEAR WH-08 WH-NAV MOTSU YEAR TOTAL 1976 1,157,161 0 0 1,157,161 1977 218,624 0 0 218,624 1978 523803 0 0 523,803 1979 138,817 0 0 138,817 1980 951,935 0 0 951,935 1981 376942 0 0 376,942 1982 1 850,621 0 0 850,621 1983 1,018,839 0 0 1,018,839 1984 1,297,202 0 0 1,297202 1985 190,633 0 0 190,633 1986 756,423 0 0 756,423 1987 1571,976 0 983,250 2,555,226 1988 0 1 597,568 0 597,568 1989 1,124,408 0 1,255,134 2,379,542 1990 524,267 0 1,047,290 1,571,557 1991 427,176 466,349 0 893,525 1992 1,051328 0 773,950 1,825,278 1993 749,800 0 945,255 1,695,055 1994 1,040,600 0 549,770 1,590,370 1995 1,594,295 1,633,852 398,111 3,626,258 1996 1,000,000 345,430 3,683,330 5,028,760 1997 1 1,444,000 217,294 132914 1,794,208 1998 901,988 1 196,442 1 1,473,582 2,572,012 1999 675,549 0 825,000 1,500,549 1976-1999 19,586,387 3,456,935 12,067,586 35,110,908 1987-1999 12,105,387 3,456,935 12,067,586 27,629,908 Note: WH-OB - Baldhead Shoal through Battery Island Channels, indusive. WH-NAV - Lower Swash through portions of Lower Brunswick channels. MOTSU - Materials associated with MOTSU only. Material Management Plan (DMMP) Wilmington Harbor, North Carolina, June 1996. U. S. Army Corps of Engineers, Wilmington District - Ocean Disposal Database and Contract Dredging Records. Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites -iCC. _iVED 7 DCM WILMINGTON, NC MAR 282017 RECEIVED Table 3. Sediment Composition of Dredged Material - Wilmington Harbor Project JUN 12 2017 DCM- MHD CITY Channel %Gravel % Sand % Silt & Clay Sediment Grouping Bald Head Shoal Offshore Reaches 0.0 73.2 26.8 Silty Offshore Inlet Reaches 0.0 98.7 1.3 Sandy Lower Project Reaches Smith Island 7.9 92.0 0.1 Caswell -Southport 18.0 80.5 1.5 Southport 12.5 85.5 2.0 Battery Island 38.0 61.0 1.0 Lower Swash 27.0 70.0 3.0 Horsheshoe Shoal 0.0 98.0 2.0 Reaves Point 0.0 99.0 1.0 Lower Midnight 0.0 76.0 24.0 Vaned Mid -Project Reaches Upper Midnight 0.0 82.5 17.5 Lower Lilli ut 0.0 56.5 46.5 Upper Lilli ut 0.0 98.0 2.0 Keg Island 0.0 63.0 37.0 Upper and Lower Big Island 2.0 94.0 3.0 Lower Brunswick 0.0 92.7 7.3 Upper Brunswick 0.0 57.0 43.0 Fourth East and Between 0.0 80.0 20.0 Anchorage Basin 0.0 6.0 94.0 Silty Upper - Project Reaches Between Memorial & Hilton Railroad Bridges 10.0 55.0 35.0 Above Hilton Railroad Bridge 0.0 58.0 42.0 MOTSU' 0.0 1 30.0 70.0 Silty Riverine Note: Gravel - grain size larger than 5.0 mm Sand -grain size between 0.07 and .5 mm Silt and Clay - grain size smaller that 0.07 mm Source: USACE 1996 except for' which is USACE 1993 F. Confined Disposal Facilities (CDFs) Over the years, maintenance for the Wilmington Harbor project has resulted in the creation of disposal sites along channelized reaches of the Cape Fear River Estuary. The 1989 Environmental Impact Statement (EIS) for the long-term maintenance of Wilmington Harbor (LISACE 1989) identified eighteen (18) disposal sites extending from Snow Marsh Channel (north of Southport) to near the upstream limit of the federal project on the Northeast Cape Fear River (just north of the mouth of Smith Creek). The disposal areas were originally formed from pumping material to unconfined areas along maintained channel reaches. Over time, the federal project included the Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites SEC i1lED DCM WILMINGTON, I�C MAR 2 8 2017 RECEIVED JUN 12 2017 construction of upland dikes to contain the dredged material. Most of thg _d wdIlAd CITY facilities have since been abandoned by the USACE. IJL+ These areas range in size, with all but one site (Area 15 on Eagles Island) less than 50 acres. Many of the sites have eroding dikes and have been subsequently overgrown by Phragmies australis and wetland plant species. Based upon the location of these areas, many of the sites consist of mixed material with higher content of fine-grained sediments. Only two sites (Area 3 and Area 4) are still maintained by the USACE as CDFs. Area 3 (29 ac) has mixed sediment content (Owens, pers. communication) and would likely not be a suitable source candidate for beach quality material. Area 4 (25 ac) consists predominantly of beach -compatible sand. However, sand from this island is dedicated for the federally -authorized Kure Beach project in New Hanover County (NC). Based upon documentation of existing disposal areas of the Wilmington Harbor project, use of any single CDF as a source of beach -compatible sand is not viable. All but one of these sites consists of mixed sediment content deemed unsuitable for beach placement. The one CDF (Area 4) that contains higher percent sand content is dedicated as a sand source for the federally - authorized Kure Beach project. Given the quantity of sand required for nourishment on Bald Head Island, the State technical standards the material must meet, and issues associated with constructability, CDFs were determined not to be practicable during the 2008 NEPA process and permit evaluation. G. Frying Pan Shoals Frying Pan Shoals is a submerged extension of a large-scale cuspate foreland (i.e. accretional feature formed by processes of longshore drift and prevailing wind and wave conditions). The shoals extend over thirty miles offshore from the eastern end of Bald Head Island. Evaluations conducted by the USACE as part of the General Reevaluation Report (GRR) for the Brunswick Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites REC� iVED 9 DCM WILMINGTON, NC MAR 2 8 2017 RECEIVED County Beaches Coastal Storm Damage Reduction Project indicate the presence of slll:114 24017 volumes of "beach -compatible" material within Frying Pan Shoals (Catlin 2010). DCM- MHD CITY Olsen Associates, Inc. (OA) has identified a viable sand source (i.e. borrow site) along the west side of the shoal approximately 1 mile seaward of the southeastern shoreline of Bald Head Island (Olsen Associates, Inc. 2016). As part of that sand search investigation, Geodynamics performed a hydrographic survey of the area of interest (since NOAA charts are highly inaccurate in this dynamic area). Similarly, Tidewater Atlantic Research, Inc. (TAR) performed two (2) phases of marine cultural resource investigation to discern the location of potential wrecks. The Phase II investigation identified one small buffer area mapped around one cluster of magnetic anomalies recommended to be avoided (TAR 2016). Accordingly, the project design has delineated a 9.73- acre Exclusion Zone within the borrow site based upon the T.A.R. findings. Athena Technologies was retained to obtain multiple VIBRACORES within the proposed area of interest. Those cores have been logged and analyzed for sand quality. OA subsequently completed a summary report of the Sand Search Investigation (Olsen Associates 2016). According to this report, the grand mean sand content for composite samples from the proposed borrow site was 92.09%, and the percent fines measured over depth (to -25 ft MLW) was low (2% on average). It can be reasonably expected based upon these results and the findings of other geotechnical investigations in similarly occurring, nearby shoal features that depositional sediments above a certain elevation within the defined borrow area will be of beach quality. The continuity of the predicted horizon of sands above either clay or silty sands is highly predictable at this location (Olsen Associates 2016). The applicant is seeking a permit to dredge above this horizon. Summary of Viable Sand Source Sites Areas considered as potential sources of material for beach nourishment have been evaluated in the context of the project requirements (both in terms of sand quality and quantity). Any Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites SEC _ VED 10 DGM WILMINGTON, NC MAR 2 8 2017 RECEIVED JUN 12 2017 potential sand source area must consist of sediments satisfying minimum standOM-bW401 CITY projects. The applicant must also consider the proximity of the source area relative to the area of beach being nourished due to transport logistics, project duration, constructability, and cost constraints. All dredging and beach filling operations must be confined to a relatively narrow window of time to minimize potential adverse effects to environmental resources. In light of these considerations, the most desirable potential sources are identified in the general vicinity of West Beach and South Beach on Bald Head Island. While Jay Bird Shoals has demonstrated to be a viable sand source site for the Village, dredging a quantity in excess of 250,000 cy of material from the previously delineated borrow site would trigger several permit provisions including the formation of a three -member Technical Advisory Committee (TAC) and monitoring and analyses of shoreline trends along Oak Island (for a minimum of nine years post -dredging) to ensure that there is no adverse effect to the Oak Island monitoring area resulting from the Jay Bird Shoals dredging. In addition, Jay Bird Shoals is a more finite resource and is identified as HAPC for shrimp, estuarine -dependent snapper -grouper, and red drum by the South Atlantic Fisheries Management Council (SAFMC). Given the size of the shoal feature relative to the predicted, long-term needs and the additional provisions required under the current authorization, Jay Bird Shoals is not viable as a long-term, multi -event sand source site. Given the size of the proposed borrow area on Frying Pan Shoals relative to the entire shoal feature (both spatially and volumetrically) and the annual rates of sediment input (estimated to be 500,000 cy/yr), the morphological integrity of the shoal will not be affected by the proposed action. Provided the overall physical integrity of the shoals is maintained, then potential adverse effects to ecological functions are minimized. In general, it is preferable to utilize sites that are anticipated to have a high likelihood of physical recovery and biological recovery. The location Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites SECJVED DCM WILMINGTON INC MAR 282017 of the borrow site on the western flank of FPS ensures infilling with sand (consistent with the existing substrate) and a relatively high rate of recharge. Use of Frying Pan Shoals will avoid disturbance to coastal inlets and associated shoals, hard bottom habitat, and Primary Nursery Areas (PNAs). In light of the favorable physical conditions of the borrow site (suitable substrate and characteristics favorable for physical and biological recovery), avoidance of other sensitive EFH habitats, adherence to the identified SAFMC protection measures, and incorporation of additional mitigative actions, it is believed that potential adverse environmental effects are minimized. Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites RECEIVED JUN 12 2017 DCM- MHD CITY REC_IVED DCM WILMINGTON, it, MAR 282017 Sources of Information RECEIVED JUN 12 2017 (ASFMC) Atlantic States Marine Fisheries Management Commission. 1990. FisloleM_ MHD CITY Management Plan for Spanish mackerel, Scomberomorus maculatus. Fisheries Management Report No. 18. 93 pp. (ASFMC) Atlantic States Marine Fisheries Management Commission. 2007. SEAMAP. (ASFMC) Atlantic States Marine Fisheries Management Commission. 2011. Omnibus Amendment to the Interstate Fishery Management Plan for Spanish mackerel, Spot, and Spotted seatrout. Includes technical addendum la to the Spanish mackerel Amendment 1. 161 PP. (Catlin) Catlin Engineers and Scientists. 2010. Brunswick County Beaches Renourishment Study, Frying Pan Shoal Soil Testing and Compatibility Analysis and Geotechnical Report. Catlin Project No. 209-049. Appendix to Integrated General Reevaluation Report and Environmental Impact Statement for Brunswick County Beach, North Carolina in press. USACE Wilmington District. (LMG and Olsen) Land Management Group, Inc. and Olsen Associates, Inc. 2008. Environmental Assessment: Bald Head Island Beach Restoration Project, Bald Head Island, NC. Prepared for the Village of Bald Head Island and NC Division of Coastal Management. (LMG) Land Management Group Inc. 2011. Village of Bald Head Island Beach Restoration Project Brunswick County, NC: Second Annual Biological Monitoring Report. (LMG) Land Management Group Inc. 2012. Village of Bald Head Island Beach Restoration Project Brunswick County, NC: Third Annual Biological Monitoring Report. (LMG) Land Management Group Inc. 2013. Village of Bald Head Island Beach Restoration Project Brunswick County, NC: Third Annual Biological Monitoring Report. (LMG) Land Management Group Inc. 2014. Village of Bald Head Island Shoreline Protection Project: Final Environmental Impact Statement. Prepared for the U.S. Army Corps of Engineers, Wilmington District. 370 pp. (MAFMC) Mid -Atlantic Fisheries Management Council. 1988. Fishery Management Plan for the Summer Flounder Fishery, Paralichthys dentatus. MAFMC and ASMFC in cooperation with National Marine Fisheries Service, New England Fishery Management Council (NEFMC) and the South Atlantic Fishery Management Council (SAFMC). 291 pp. (MAFMC) Mid -Atlantic Fisheries Management Council. 1990. Fishery Management Plan for the Bluefish Fishery, Pomatomus saltotrix. MAFMC and ASMFC in cooperation with National Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites i EC' i V E D DCM WILMINGTON, N� MAR 282017 Marine Fisheries Service, New England Fishery Management Council (NEFMC) and the South Atlantic Fishery Management Council (SAFMC). 176 pp. McNinch, J. E. Literature Review of Cuspate Forelands — Implications to Dredging Frying Pan Shoals. Unpublished Report. USACE Field Research Facility, Coastal and Hydraulics Laboratory. 64 pp. (NMFS) National Marine Fisheries Service. 2003. NMFS, Northeast Regional Office. Essential Fish Habitat for Cobia and Mackerel. http://www.nero.noaa.gov (NMFS) National Marine Fisheries Service. 2009. Amendment 1 to the Consolidated Atlantic Highly Migratory Species Fisheries Management Plan. Chapter 5 — Essential Fish Habitat for Atlantic sharpnose shark (Rhizoprionodon terroenovae). (NMFS) National Marine Fisheries Service. 2010. Essential Fish Habitat: A Marine Fish Habitat Conservation Mandate for Federal Agencies South Atlantic Region. 14 pp. (NRC) National Research Council. 1995. Beach nourishment and protection. National Academy Press. 334 pp. (NOAA) Department of Commerce National Oceanic and Atmospheric Administration. Federal Register. 77(24) 50 CFR Part 224. (NOAA) Department of Commerce National Oceanic and Atmospheric Administration. 2009. Stock Assessment and Fishery Evaluation (SAFE) Report for Highly Migratory Species. 248 pp. (NOAA) Department of Commerce National Oceanic and Atmospheric Administration. 2016. Office of Sustainable Fisheries Atlantic Highly Migratory Species Management Division. DRAFT Amendment 10 to the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan: Essential Fish Habitat and Environmental Assessment. 380 pp. Olsen Associates, Inc. 1989, Feasibility Study of Beach Restoration at Bald Head Island, NC, 4438 Herschel St., Jacksonville, FL Olsen Associates, Inc. 2007. Sand Search Investigation Summary, Bald Head Island, N.C. Beach Restoration Project. Prepared for the Village of Bald Head Island. Olsen Associates, Inc. Jacksonville FL. 40 pp. Olsen Associates, Inc. 2007. Bald Head Island Beach Restoration Project —Analysis of Potential Impacts of Borrow Site to the Local Wave Climate. Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites REC7IVED DCM WILMINGTON, Nd MAR 2 8 2017 RECEIVED Olsen Associates, Inc. 2011. Bald Head Island, NC. Beach Monitoring Program: Monitoring JUN 12 2011 Report No. 9 (May 2010 - May 2011). Report prepared for Village of Bald Head Island MHD Associates, Inc. 2618 Herschel St., Jacksonville, FL 32204.69 pp plus app. CITY Olsen Associates, Inc. 2016. Frying Pan Shoals Sand Search Investigation. Prepared for the Village of Bald Head Island. Olsen Associates, Inc. Jacksonville FL. 361 pp. Olsen Associates, Inc. 2016. Bald Head Island, NC Beach Monitoring Program, Monitoring Report No. 14 (April 2015 to April 2016). Prepared for the Village of Bald Head Island. Olsen Associates, Inc. Jacksonville FL. 90 pp. plus appendices. (USACE) U.S. Army Corps of Engineers. 1990. Wilmington Harbor — Bald Head Island, Section 933 Evaluation Report. Wilmington District, South Atlantic Division. (USACE) US Army Corps of Engineers. 1996. Final supplement I to the Final Environmental Impact Statement on improvement of navigation, Wilmington Harbor Channel Deepening. Wilmington, NC. (USACE) U.S. Army Corps of Engineers. 1997. Draft Reevaluation Report and Environmental Assessment for Beach Erosion Control and Hurricane Wave Protection. Brunswick County Beaches, North Carolina. Ocean Isle Beach Portion. Wilmington District, South Atlantic Division. (USACE) US Army Corps of Engineers. 1999. Environmental Effect Statement: Manteo (Shallowbag) Bay North Carolina, Draft Supplement #3. U.S. Army Corps of Engineers, Wilmington District, 232 pp. (USACE) U.S. Army Corps of Engineers. 2000. Environmental Assessment for Preconstruction Modifications of Authorized Improvements, Wilmington Harbor, North Carolina. Wilmington District, South Atlantic Division. (USACE) U.S. Army Corps of Engineers. 2001. The New York District's Biological Monitoring Program for the Atlantic Coast of New Jersey, Asbury Park to Manasquan Section Beach Erosion Control Project, Final Report. Waterways Experiment Station, Vicksburg, MS. (USACE) U.S. Army Corps of Engineers. 2011. Wilmington Harbor Sand Management Plan Ocean Entrance Channels and Inner Harbor Between Lower Swash and Reaves Point. Appendix D. Wilmington District, South Atlantic Division. (USACE) US Army Corps of Engineers. 2013. Integrated General Reevaluation Report and Environmental Impact Statement for Brunswick County Beach, North Carolina in press. USACE Wilmington District. Village of Bald Head Island FPS Beach Nourishment Project Alternative Sand Source Sites i EC DCM WILMINGTON, NC15 MAR 282017 Coastal Management ENVIRONMENTAL QUALITY June 7, 2017 Mr. Christian Preziosi Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Mr. Preziosi: ROY COOPER Go,,emm' MICHAEL S. REGAN Secretary BRAXTON DAVIS Director R".`"EIVED JJ, x 2 2017 DCM- MHD CITY The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for the Village of Bald Head Island, for State approval for use of Frying Pan Shoals as a borrow site located adjacent to the Atlantic Ocean and the Cape Fear River, Brunswick County. It was received as complete on May 26, 2017 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 9, 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 May 26, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Tara MacPherson Field Specialist cc: Heather Coats, DCM Ronnie Smith, USACE Doug Huggett, MHC Curt Weychert, DCM Fisheries Chris McCall, VBHI Chad Coburn, DWR State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ent., Wilmington, NC 29405 910-796-7215 >C�_ N0T1(01$1?j ED v AMA PERMIT APPLIED FOR To use Frying Pan Shoals as a borrow PROJELIL- - -- - - - - - - - - , �-i=ii�L��7[�i��7%l�>•�■�L�/%[7le>L�L�id�/%['tom/Il��'I'L�I��ld�l7%A Island, in Brunswick County. COMMENTS ACCEPTED THROUGH duly 1. 2017 APPLICANT: The Village of Bald Head Island c/o Chris McCall, Village Manager 1-0 Box 3009 Agent: Christian Preziosi (910) 452.0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: _NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, NC 28405 Tara MacPherson, Field Specialist -9 I 0 / 96- / YLJ AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Village of Bald Head Island c/o Chris McCall Mailing Address: P.O. Box 3009 Phone Number: 910-457-9700 Email Address: rmrrall(&villagFhhi_ora I certify that I have authorized Land Management Group, Inc. Agent I Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Beach nourishment along in Brunswick County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature G/tecr3 M �C sc-c- Print or Type Name ✓rL�CGz MA„lAGmlt Title rz 1 19 / 20/L Date This certification is valid through 12 1 31 1 2617 RECEIVED JUN 12 2017 I)(;M- MHD CITY RECEIVED ()CM W I-MINGTOb- b@ ,JAN 2 5 2'J17 AEC HAZARD NOTICE Project Is In An: Ocean Erodible Area —High Hazard Flood Area _Inlet Hazard Area Property Owner: r"4,.1fr1*AL """ rs of Vl"Aft of eeLa dtifi rrl.AAO Property Address: F4Y,14 f m XNOAL Date Lot Was Platted: 'v14 This notice is intended toimake 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 currents. The odes of the Coastal Resources Commission require that you receive an AEC Hazard Notice and acknowledge that notice in writing before a permit for development can be issued. The Commission's rules on building standards, oceanfront setbacks and dune 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 Concern include the condition that structures be relocated ordismantled if they become imminently threatened by changes in shoreline configuration. The structure(s) must 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-term average ocean erosion rate for the area where your property is located is N A feet per year. The rate was established by careful analysis of aerial photographs of the coastline taken over the past 50 years. Stud'es also indicate that the shoreline could move as much as feet landward in a major storm. The flood waters in a major storm are predicted to be about ._MIA_ feet dap in this area. Preferred oceanfront protection measures are beach nourishment and relocation of threatened structures. Hard erosion control structum such as bulkheads, seawalls, revetments, 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. X C 0, 8 S✓tj 2047 Property Owner's Signature Date SPECIAL NOTE: This hazard notice is required fordevelopment 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 fttust be contacted to determine the vegetation line and setback distance at your site. If the property has seen little change 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 remeasured. Also, the occurrence of a major shoreline change as the result of storm within the 60-day period will necessitate remeasurement of the setback. It is important thatyou check with the LPO before the permit expires forolHcial approval to 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 mo%e Information, contact. SrtirNtaw lovttrr Local Permit Officer f,0. BoC loaf Address 840 Hfi4O ISLAN Locarty 710 . Ys7. gsoo Phone Number RECEIVED JUN 12 2017 DCM- MHD CITY i _C.; iVE1) OCM WILMINGTON, NC JUN 0 7 2017 RavLart 9A97 LMG LAND MANAGEMENT GROUP sec. Environmental Consultants May 26, 2017 Mr. Ronnie Smith U.S. Army Corps of Engineers - Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 RECEIVED JUN 12 2017 DCM- MHD CITY RE: Department of Army - Permit Modification Request (USACE Action Id. SAW-2012-00040) Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project Response to Request for Additional Information Dear Mr. Smith: By way of this letter and on behalf of the Village of Bald Head Island (Applicant), Land Management Group, Inc. (LMG) (agent) is providing a response to your request for additional information (dated April 18, 2017) for the permit modification request to the Department of Army (DA) authorization for the proposed dredging of a borrow site located on Frying Pan Shoals and associated nourishment of the West Beach and South Beach shorelines of Bald Head Island, North Carolina. Please refer to the following requested information: a. The project Environmental Impact Statement (EIS) evaluated the use of Frying Plan Shoals as a long-term sand source site under the Preferred Alternative. Indeed, there were four sand source sites identified for future Village -sponsored nourishment. These were: (1) Jay Bird Shoals; (2) reaches of the Wilmington Harbor Channel demonstrated to contain beach -compatible material (i.e. Baldhead Shoal Reach 1, Baldhead Shoal Reach 2, and Smith Island Range); (3) Bald Head Creek Shoals; and (4) Frying Pan Shoals. Delft 3-D modeling (required to evaluate the six project alternatives) incorporated the predicted future Village - sponsored nourishment events for Alternatives 3 through 6 (with Alternative #5 being the preferred alternative for the combined use of a terminal groin with periodic federal disposal and future long-term Village -sponsored nourishment). Jay Bird Shoals and Frying Pan Shoals were specifically identified as necessary sand source sites based upon the relatively large sand volumes required to offset predicted erosion rates and sand losses along the entirety of West Beach and South Beach (based upon the modeled performance of alternatives with and without the terminal groin). The implementation of the Preferred Alternative (with the terminal groin) reduced overall long-term sand volume needs but certainly did not preclude the requirement for long-term Village -sponsored nourishment of West Beach and South www.lmgroup.net • Phone: 910.452.0001 • Fax: 910AS2.0060 3805 Wrightsville Ave., suite 15, Wilmington, NC 28403 RECEIVED DCM WILMINGTON, NC MAY 262017 RECEIVED JUN 12 2017 Beach. Such a requirement was evaluated within the FEIS and specifically idenntt,led tlieW CITY of a borrow site on Frying Pan Shoals. The Village understands the need to revise the 12,600-If Action Area identified for the Incidental Take Statement in the June 19, 2014 Biological Opinion (BO). Note that the March 2014 Biological Assessment (BA) and subsequent BO evaluated potential adverse effects to the rufa red knot (Calidris canuta rufa) and to critical habitat for loggerhead sea turtle (Caretta coretto) in anticipation of these listings. Furthermore, in February 2015 (subsequent to the listing of rufa red knot as threatened and after the biological and conference opinions for the Village's project), the U.S. Fish and Wildlife Service (Service) confirmed the conference opinion as the biological opinion for red knot. As a result, the Incidental Take Statement in the BO became effective for the red knot. The revised Action Area (to include the remaining beachfront of South Beach east to Sta 218+00) consists of the same beach habitats (both type and quality) as evaluated in the 2014 BA. As a result, the Village requests an update of the existing BO utilizing species information contained within the 2014 project BA and BO. There are no additional species or critical habitats listed since that time. In addition, the dredge and nourishment work is to occur during the acceptable environmental windows. As a result, it is anticipated that there will be no changes to the existing effect determinations. LMG (as authorized Agent) will coordinate with the Corps of Engineers (COE) and the Service to modify the Action Area to incorporate the remaining beachfront of South Beach which is periodically nourished through federal disposal events associated with the maintenance of the Wilmington Harbor Channel. b. The functional importance of Frying Pan Shoals for commercially- and recreationally - important fish species is recognized and discussed in greater detail in the Essential Fish Habitat (EFH) assessment prepared by the Applicant. This document has been submitted to the Corps of Engineers (COE) and to the National Marine Fisheries Service (NMFS). It is also available digitally via the COE Wilmington Regulatory Field Office. The FPS feature represents a multi -use habitat for numerous species. Both its vertical relief and its location make it an important habitat. As such it has been designated as a Habitat Area of Particular Concern (HAPC) for coastal migratory pelagics including the following managed species: cobia, king mackerel, and Spanish mackerel. FPS provides habitat for benthic invertebrates adapted to dynamic substrate and serving as trophic base for demersal fish. It also serves as refuge for pelagic planktivores (e.g. anchovies, menhadens) that are prey species for resident and transient piscivores (e.g. bluefish, spiny dogfish, smooth dogfish, king mackerel, and Spanish mackerel). Subtidal bottom areas off the southeastern shoreline of North Carolina (including inlet shoals and cape -associated shoals) serve as pupping grounds for several species of shark (Deaton et al. 2010). Any potential for long-term alteration of habitat is minimized based upon the size and siting of the borrow site within such a large, dynamic and depositional feature. The initial maximum proposed volume of excavation (1.51VIcy to 2Mcy) represents a small fraction (estimated to be 0; 1% to 0.2%) of the total volume of sand within FPS. Sediment input from www.lmgroup.net • Phone: 910.452.0001 • Fax: 930AS2.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 i E C I V E D DCM WILIONGTON, NC MAY 2 6 2017 RECEIVE® JUN 12 2017 updrift cuspate forelands provides active recharge of the shoal feature (estimedZg be.ynJ ® C STY to 500,000 cy/yr). The position of the borrow site on the western flank of el�'s}}ji''aaaI I allow for more rapid physical recovery. According to McNinch (unpublished), the crest of the shoal is "likely planed -off during storm conditions, when waves are steep and breaking across the shoal". Sediment during these events is transferred to the flanks of the shoal. The combination of the size and position of sand source site (on the western flank) minimizes the probability of adverse effects to the shoal integrity and will have minimal influence on processes contributing to shoal formation and maintenance. As a result, the overall morphology of the cape -associated shoal will remain unchanged. The proposed project will not bifurcate nor affect the sediment stability of the shoal in any manner (i.e. there is no predicted alteration of the current hydrodynamics or littoral transport regimen). Therefore, the existing biogeographical boundary will remain intact. The shoal receives sand from the north via sediment transport southward along East Beach and from the west along South Beach. The majority of the placed fill on South Beach will eventually return to the shoal and is therefore not removed from the "system" as would for example sand taken to Oak Island. Much of the sand will therefore "recycle" to a large part back to the shoal from which it was removed. c. With respect to concerns regarding potential future cumulative effects, it is the Applicant's position that any future use of FPS as a borrow site by others is speculative and generally not practicable. If another municipal or federal project identified FPS for a preferred option, federal and state permitting agencies would require appropriate NEPA documentation ensuring that the integrity of the shoal formation is not compromised. In addition, any future, hypothetical sand borrowing for transport to a shoreline other than Bald Head would necessarily require the use of a hopper dredge (to be able to transport sand that distance). Hopper dredges have operational draft requirements of 20 to 30 ft of water (or more when loaded). Hence, they could not physically excavate sand directly from the majority of the shoal, and as a result, shoal integrity would not be compromised. Use of a hopper dredge would require a borrow site westward of the shoal and seaward of Bald Head Island (i.e. the sand search area for the Wilmington District Brunswick County Shoreline Protection Project). It is important to note that the Corps did not explore the area delineated by the Village of Bald Head Island since they could not consider the use of a hydraulic cutter suction dredge. Pragmatically, even if a hopper dredge could operate in the area of the Village's proposed borrow site, it would be prohibitively expensive for a typical community. 2. a. Long-term sand losses along the shorelines of West Beach and South Beach have been well -documented through intensive physical surveying of Bald Head Island since 2000 (and before with less intensive physical monitoring). As detailed in the FEIS for the Village's Shoreline Stabilization Project (i.e. terminal groin project), future Village -sponsored nourishment of South Beach and West Beach would be required irrespective of the installation of the terminal groin. To date the terminal groin has proven to be effective in its intended purpose: to re -orient and stabilize the western shoreline of South Beach and to reduce the rate of sand losses along the effective updrift shoreline of the structure. The www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 FiECFIVED DCM WILMINGTON, NC MAY 2 6 2017 RECEIVED JUN 12 2017 HIS modeled the relative differences of predicted sand losses with 1XWiaomHE) CITY terminal structure. It was clear at that time from the modeling and from the engineering analyses that future Village -Sponsored nourishment would be required. Post -construction monitoring has confirmed the need for nourishment along the entirety of South Beach. The Village (through the authorized Shoreline Stabilization Project) developed a long-term beach management strategy that identified long-term sand source sites (including FPS). This is deemed preferable rather than designing, permitting, and implementing ad -hoc projects in response to emergency conditions. b. The Applicant refers WRC to the submitted EFH report. It is recognized that FPS provides habitat for commercially- and recreationally -important fish species. The location and design of the borrow site would not compromise the integrity of the shoal and would minimize any potential effects to fish habitat. In addition, the project incorporates all of the SAFMC protection measures for dredging within a HAPC. These measure include: (1) preparation and submittal of an impact assessment document; (2) ensuring compatibility of fill material to that of recipient beach; (3) siting borrow sites in areas characterized by strong currents and sand movement to promote more rapid infilling rates (and thus reducing the duration of impacts to benthic habitats); and (4) dredging in a manner intended to minimize impacts to wave energy and currents,"thus reducing the likelihood of infilling with fine-grained sediments". Other mitigation elements of the proposed project include the following: (1) avoidance of hard bottom habitat; (2) avoidance of Primary Nursery Areas (PNAs); (3) avoidance of impacts to coastal inlets and associated shoals; (4) use of hydraulic cutter suction dredge (avoidance and minimization of entrainment); and (5) incorporation of physical monitoring of the borrow site (i.e. post -construction assessment of gross morphology and physical recovery). In light of the favorable physical conditions of the borrow site (suitable substrate and characteristics favorable for physical and biological recovery), avoidance of other sensitive EFH habitats, adherence to the identified SAFMC protection measures, and incorporation of additional mitigative actions, it is believed that potential adverse effects to EFH and managed species is minimized. c. The Applicant agrees to perform the proposed work during the acceptable environmental window (i.e. avoiding both sea turtles and shorebird nesting periods from April 1 to November 15) unless there is a required response to a "declared" emergency such as a major tropical storm or hurricane. In addition, the Applicant will perform necessary physical monitoring of the borrow site on an annual basis to evaluate and document borrow site recovery. In addition, the shorelines of West Beach and South Beach will continued to be surveyed on a minimum of annual intervals. The results and findings of physical monitoring will be submitted to the agencies on an annual basis. The Applicant will also develop and www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED DCM WILMINGTdN, NC MAY 2 6 2017 RECEIVED JUN 112017 implement a biological monitoring plan that will include benthic infaunal mor 'Tpof�Mq.tD CITY borrow site and benthic macroinvertebrate sampling of the beachfront for a period�oi u�p��f{o�� �� 3 years. 3. As referenced above, the Applicant has completed an EFH Assessment. As part of the assessment, specific actions and potential adverse effects to fishery resources are evaluated. In addition, the document includes a comprehensive alternatives analysis for other potential sand source sites and specific protection measures and actions to be employed to minimize disturbance to EFH. 4. a. An alternatives analysis has been included within the EFH Assessment (refer to Appendix B of the EFH). The alternatives evaluated include: (a) Wilmington Harbor Entrance Channel; (b) Jay Bird Shoals; (c) Bald Head Creek Shoal; (d) areas westward of the former federal channel alignment; (e) the EPA designated Wilmington Ocean Dredged Material Disposal Site (ODMDS); (f) confined disposal facilities (CDFs) along the upper reaches of the Cape Fear River; and (g) Frying Pan Shoals. The analysis described each of the sand sources and evaluated their viability for use as a large-scale and long-term source of beach -compatible sand. Use of a sand source site on the Outer Continental Shelf (OCS) was considered but is prohibitively expensive to develop, design, and dredge. Therefore, the use of a borrow site on the OCS was deemed to be not practicable. b. The Applicant will prepare a comprehensive physical and biological monitoring plan as part of the permit review process. The monitoring will include annual bathymetric surveys and sediment grab samples to document the extent and composition of the infill material. The biological monitoring will include benthic infauna, and macroinvertebrate sampling. c. Several BMPs were identified in the EFH Assessment. Refer to the following brief overview of these BM Ps: 1. The project will be performed during periods of reduced biological activity (outside of the April 1 through November 15 moratorium); 2. The initial dredge volume will be reduced to 2Mcy (or less) from an approximate 137-acre borrow site. It should be noted that the larger borrow site was evaluated and delineated based upon long-term nourishment needs and sand volume requirements for West Beach and South Beach. Identification, engineering analyses, environmental due -diligence, and permitting of a long-term borrow site is considered advantageous for all parties in that it reduces the adverse effects and costs of multiple smaller, ad -hoc projects in response to emergency conditions. 3. The project incorporates the use of a cutter suction dredge which significantly reduces the spatial scale of excavation and eliminates entrainment of turtles and various fish species (particularly demersal fish such as the endangered Atlantic sturgeon and shortnose sturgeon). Similarly, a cutter suction dredge allows for access to the best quality sediment which results in the minimization of sediment losses from the beach fill template and thus reduces the frequency of future maintenance events. In addition, it helps to ensure that the post -dredge substrate will infill with sandier sediments (a condition considered favorable for benthic www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED DCM WILMINGTA, NC MAY 2 6 2017 RECEIVED JUIN 12 2017 infaunal recovery). Note that the request for limiting excavation t�h qf�0�� CITY would increase the spatial extent of the dredge area an estimated a l7 In addition, the Applicant could incorporate a BMP which prioritizes the use of the remaining, previously authorized Jay Bird Shoals borrow site provided that the existing terminal groin authorization is modified to eliminate the monitoring of Oak Island. Implementation of this BMP would defer the dredging from the FPS borrow site for a period of time and could potentially reduce the frequency of future dredge events from FPS to every nine years (more or less). The frequency and schedule of future Village -sponsored nourishment is heavily influenced by the schedule and volume of the Wilmington Harbor Sand Management Plan (SMP) as well as by episodic storm -induced erosion. It should be noted that the proposed initial dredging is for an approximate 137-acre borrow area (with an estimated maximum volume of 2Mcy or less). Additional borrow site acreage was identified for the purpose of long-term due diligence and disclosure for permitting purposes (particularly in the event of a future, emergency condition). The advance engineering analyses and environmental due -diligence of a larger borrow site is deemed prudent for both the Applicant and the reviewing permitting/resource agencies. In addition, the fairway shown in the permit drawings is "optional' in that it will only be dredged if required by the Contractor for safe access to the borrow site. The dredge must be able to reliably leave the work area and seek a safe harbor within the Cape Fear River mouth — hence the need to illustrate a fairway for safety reasons. S. Refer to attached drawing (Sheet 5 of 9) depicting the proposed dredge area in relation to the sand search area. 6. As discussed in Item 1(c) above, the proposed dredge area is appropriately sited to promote physical recovery and to avoid impacts to the integrity of the shoal. The position and size of the borrow area (137 acres) relative to the larger shoal feature will have no effect to the integrity of the shoal. During storm events, sand from the crest of the feature will be transported south and west and will allow for physical recovery while minimizing effects to shoal morphology. The proposed borrow site will not affect the entirety of the shoal cross section (by design) at any location. Hence, the minimum existing shallow water depths typifying the crest of the shoal — which currently affect wave energy dissipation or translation) will not be compromised. As a result, longshore drift from the beach to the west and the north to the shoal will likewise not be affected by the project. This shoal formation under natural conditions is a highly discontinuous and translatory feature. Localized changes in elevation change almost daily and more significant annual changes to the shoal feature occur naturally. In light of the predicted minimal effect to shoal morphology, there is not anticipated to be any long-term effect to fish habitat and no effect to fish migration patterns as the integrity of the shoal will remain unaffected. www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED DCM WILMINGTON, NC MAY 2 6 2017 PECEI`JED JUN 12 2017 7. There is no predicted alteration to the hydrodynamics of the shoal orDtWNID CITY transport regimen as a result of the proposed dredging. Similarly, there will be no effect to adjacent barrier islands. 8. Based upon the texture of the sediments migrating south along the shoal and the predicted infilling patterns, there will little to no fine -textured sediments deposited within the dredged area. Any potential adverse effect to benthic infaunal communities will therefore be short-lived as it is anticipated (and demonstrated through prior monitoring of Jay Bird Shoals and Bald Head Creek Shoals) that these assemblages return to pre -project composition and abundance rather quickly particularly in dynamic shoal systems with relatively rapid infilling rates and sandy substrates. This is largely due to the fecundity and opportunistic nature of benthic infaunal species adapted to high-energy and disturbance - prone environments. If required, the Applicant would include pre- and post -construction benthic monitoring as an additional mitigative measure. 9. During gaps in the Wilmington Harbor SMP sand placement events, there is a predicted sand volume need of approximately 1.5Mcy to 2Mcy that would be derived from a Village - sponsored interim fill project. An initial Village -sponsored project is required for the Winter of 2018/2019. Under the current SMP, federal disposal is anticipated to occur in 2021 (1Mcy) and 2024 (1Mcy). As a result, the next predicted Village -sponsored need would occur in 2027 and would remain on an approximate 9-year interval thereafter (in the absence of a catastrophic storm event). Each Village -sponsored event is anticipated to average 1.5Mcy to a maximum of 2Mcy. It is anticipated that the shoreline on South Beach east of the existing terminal groin fillet will remain as the principal area of required nourishment. Currently, state and federal permits allow for sand placement at West Beach from two developed borrow sites located within the Bald Head Creek ebb tidal platform. Most previous fill placements along West Beach sponsored by the Village have been small scale and have averaged about only 25,000 cy, mol. 10. Due to the extremely "energetic" nature of the Frying Pan Shoal formation — which is affected by converging wave energy originating from both Onslow Bay and the Atlantic Ocean — post -construction shoaling rates of the proposed borrow area are expected to be high. Pragmatically, such a dynamic and ever -changing hydrographic condition cannot be reasonably numerically modeled. With the design condition that the shoal will not be bifurcated — post construction transport of littoral material into the excavated area will be rapid. This is in contrast to borrow sites located within inlet shoals where the primary causation of sediment transport principally results from hydrodynamic forces associated with tides (and riverine discharges at times). For example, monitoring shows that the Jay Bird Shoal borrow area (excavated portion) has experienced some 630,000 cy of deposition over a 5-year period, mol. (i.e. 125,000 cy/yr on average). It is predicted that the excavated portion of the Frying Pan Shoals borrow site will experience annual deposition at a higher rate (i.e. 2 to 3 times). An accurate determination of post -construction shoaling will be again made by way of a detailed annual hydrographic survey. www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 '_:1ECEIVE7D DCM WILMINGTON, NC MAY 2 6 2017 RECEIVED JUN 12 2017 11. The size and volume of the proposed dredge area is based upon the long_tQLnL prg ,piS,t�fID CITY nourishment needs of West Beach and South Beach and allows for some le d1i41y to an emergency condition resulting from a major storm event. As indicated above, it is considered desirable from an engineering and environmental due -diligence standpoint to delineate and permit a long-term probable sand source site rather than responding to each nourishment need in an ad -hoc manner. It is believed that such an approach is prudent for both the Applicant and for reviewing permitting and resource agencies. Should you have any questions regarding the information provided, please feel free to contact me vial phone at 910-452-0001 or by email at coreziosi(@Imgrouo.net. Thank you for your time and assistance. Sincerely, Christian """`°� ° °"" o. Preziosi `us Mfe: 30�10536 i5:�S:��pW Christian Preziosi Land Management Group, Inc. (permit agent) Encl. Revised Permit Drawings (Sheets 5, 6, 7, and 8) CC. Chris McCall, Village of Bald Head Island Erik Olsen, Olsen Associates Heather Coats, DCM-Wilmington Tara MacPherson, DCM-Wilmington www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 � s_ `- E I V E D DCM WILMINGTON, NC MAY 2b2017 UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE ���'• Southeast Regional once 4+,� & 0 263 13thAvenue South St. Petersburg, Florida 33701-M httpJ1sero.nmh.maa.gov F/SER47:KR/pw Colonel Kevin P. Landers Sr., Commander MAR 3 0 2017 U.S. Army Corps of Engineers Wilmington District V 69 Darlington Avenue D Wilmington, North Carolina 28403-1398 JuN 12 2017 Attention: Ronnie Smith DCM- MHD CITY Dear Colonel Landers: This letter is in reference to public notice SAW-2012-00040 dated March 9, 2017. The Village of Bald Head Island (Village) requests the Wilmington District modify the permit it issued for construction of a terminal groin and beach nourishment. The Village seeks authorization to dredge a portion of Frying Pan Shoals and place the dredged material along the shoreline of Bald Head Island, including West Beach and South Beach. The permit modification request would benefit the Village in securing an additional source of material for beach nourishment activities. The Wilmington District's initial determination is the proposed project may adversely affect essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), Mid -Atlantic Fishery Management Council, and the National Marine Fisheries Service (NMFS). The SAFMC designated Frying Pan Shoals as a Habitat Area of Particular Concern under the Magnuson -Stevens Fishery Conservation and Management Act. Frying Pan Shoals support aquatic resources of national importance in accordance with Section 906(e)(1) of the Water Resources Development Act of 1986. As detailed in the enclosed letter dated March 9, 2017, the NMFS shares concern the proposed project may adversely affect EFH. The NMFS believes dredging sand from Frying Pan Shoals may have long-term impacts to a substantial amount of shoal habitat the SAFMC designates as EFH for cobia, Spanish mackerel, and king mackerel and the NMFS designates for Atlantic highly migratory species (tuna, swordfish, billfish, small and large coastal sharks, and pelagic sharks). The NMFS believes systematic dredging of Frying Pan Shoals, such as the proposed project and subsequently other projects, may result in cumulative and unanticipated changes in habitat quality. The NMFS provided the Wilmington district with four EFH conservation recommendations. The most notable recommendation is the NMFS request that excavation of Frying Pan Shoals for beach nourishment activities be excluded from permit modifications, as cumulative adverse impacts are likely to occur with the proposed project. Pursuant to Part IV 3(b) of the Memorandum of Agreement between the Department of Commerce and the Department of the Army dated August 11, 1992, I have reviewed the findings of my staff and determined the proposed work would adversely impact aquatic resources of national importance. I request you consider fully the views and recommendations of the NMFS in making your final decision concerning authorization of the proposed work. I also encourage Received APR 11 2017 DCM ArY�� R E C E DCM WILMIN a APR 1 1 2017 continued efforts to resolve this matter at the staff level, and I have directed my staff to cooperate in any related effort to this end. Thank you for consideration of this request. Please contact Dr. Ken Riley at (252) 728-8750, or by e-mail at Ken.Riley@noaa.gov if you have questions regarding this matter. Sincerely, Gwc- z� Roy E. rabtree, Ph.D. Regional Administrator Enclosure cc: (sent via electronic mail) COE, Ronnie.D.Smith@usace.army.mil USFWS, Pete_Benjamin@usfws.gov NCDCM, Doug.Huggett@ncdenr.gov NCDCM, Shane.Staples@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net ASMFC, LHavel@asmfc.org F/SER4, David.Dale@noaa.gov F/SER47, Ken.Riley@noaa.gov RECEIVED DCM WILMINGTON, NC APR 1 1 2017 2 �J UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE Southeast Regional Office 26313th Avenue South St. Petersburg, Florida 33701-5505 hftp://sero.nmfs.rioaa.gov March 9, 2017 F/SER47:KR/pw Colonel Kevin P. Landers Sr., Commander U.S. Army Corps of Engineers Wilmington District 69 Darlington Avenue RECEIVED Wilmington, North Carolina 28403-1398 Attention: Ronnie Smith JUN 12 2017 Dear Colonel Landers: DC M- M H D CITY NOAA's National Marine Fisheries Service (NMFS) reviewed public notice SAW-2012-00040, dated February 8, 2017. The Village of Bald Head Island (Village) requests authorization from the Department of the Army to modify a permit for groin fillet maintenance and beach nourishment. Specifically, the Village seeks authorization to dredge a portion of Frying Pan Shoals and place the dredged material along the shoreline of Bald Head Island, including West Beach and South Beach. The Wilmington District's initial determination is the proposed project may adversely affect essential fish habitat (EFH) or associated fisheries managed by the South Atlantic Fishery Management Council (SAFMC), the Mid -Atlantic Fishery Management Council, or NMFS. For reasons detailed below, the NMFS agrees with this determination and concludes borrowing sand from Frying Pan Shoals may have long-term impacts to a substantial amount of shoal habitat the SAFMC designates EFH for cobia, Spanish mackerel, and king mackerel and the NMFS designates for Atlantic highly migratory species (tuna, swordfish, billfish, small and large coastal sharks, and pelagic sharks). In accordance with Part IV, Section 3(a) of the Memorandum of Agreement (MOA) between the Department of Commerce and the Department of the Army, dated August 11, 1992, the NMFS has also determined the mining of Frying Pan Shoals may lead to substantial and unacceptable impacts to aquatic resources of national importance (ARNI). As the nation's federal trustee for the conservation and management of marine, estuarine, and diadromous fishery resources, the NMFS provides the following comments pursuant to authorities of the Fish and Wildlife Coordination Act and the Magnuson -Stevens Fishery Conservation and Management Act (Magnuson -Stevens Act). Description of the Proposed Project The Village has relied on a variety of shoreline management actions to address chronic erosion on the western end of South Beach, The Point, and West Beach over the past 18 years. The most recent project, completed in December 2015, included construction of a 1,300-linear-foot terminal groin concurrent with a federal beach disposal operation on Bald Head Island. Recent physical monitoring reports the average annualized loss is 371,700 cubic yards of sand from West Beach and South Beach. Previous groin fillet maintenance and beach nourishment projects used material sourced from the Wilmington Harbor Federal Navigation Project and Jay Bird Shoals. Since 2001, Bald Head Island has received 250,000 to 366,000 cubic yards of sand per year from the Wilmington Harbor Federal Navigation Project. The Wilmington District has committed to continue contributing beach compatible sand frogton Harbor Federal RECEIVED MAR 09 OEM WILMINGTON, Z�z...J DCM MAR 9 2017 Navigation Project to the Village for beach nourishment activities. Other sources of material approved in the current permit for beach disposal are located on Jay Bird Shoal and Bald Head Creek Shoal. The Village wants to secure an additional long-term source of material for groin fillet maintenance and beach nourishment. The Village has identified a borrow source located within a 460-acre site on the western portion of the Frying Pan Shoals formation, approximately one mile off the southeast shoreline of Bald Head Island. Sediment would be excavated to a depth up to -25 feet by cutter suction dredge and pumped by submerged pipeline to the shoreline of Bald Head Island. The identified borrow site could yield up to 8.5 million cubic yards of sand material meeting North Carolina's standards for beach compatibility. Because of draft restrictions to access the borrow source, the Village also seeks authorization for the dredge plant to excavate a fairway (channel) to access the borrow location. The effective width of the fairway would not exceed 400 feet and the affected area would be approximately 22.5 acres. The public notice does not discuss the fate of the material dredged for the fairway, and it is not clear if the material is suitable for beach disposal. Hence, impacts from dredging the fairway may exceed the amount stated. The Village proposes to conduct physical monitoring of the borrow site immediately after dredging, annually for three years, and biennially thereafter until the permit expires in November 2024. The footprint of each monitoring survey would include the entire permitted nourishment site as well as the area of excavation within Frying Pan Shoals. The results of the monitoring would be incorporated into the Village's existing Shoreline Monitoring Program annual report. The Village does not propose any environmental surveys or ecological studies of affected fisheries or fish habitat. Consultation History The NMFS participated in a scoping meeting with the Village, North Carolina Division of Coastal Management, North Carolina Wildlife Resources Commission, U.S. Fish and Wildlife Service, and the Wilmington District on November 4, 2016. The NMFS expressed concerns that a project of this scope may affect EFH associated with an important cape -associated shoal complex. The NMFS recommended a more thorough alternatives analysis be completed and recommended the analysis include additional sources of material from the Wilmington Harbor Federal Navigation Project (e.g., Outer Ocean Bar and Mid -River) and the Wilmington Harbor Ocean Dredged Material Disposal Site. The NMFS also recommended the Village investigate other offshore sand sources not affiliated with the Cape Fear inlet and shoal complex (e.g., Outer Continental Shelf). The NMFS commented extensively in review of the Environmental Impact Statement (EIS) entitled, Village of Bald Head Island Shoreline Protection Project, dated August 2014, and its EFH Assessment, dated January 2014. The NMFS comments noted significant errors and omissions in these documents. The NMFS provided guidance on interpretations of impacts to fisheries. The NMFS provided an EFH conservation recommendation requesting the permit authorizing the terminal groin and beach nourishment not include dredging of sand from Frying Pan Shoals without further EFH consultation and in-depth review of environmental impacts. The i 3ECEiVEi7 DCM WILMINGTON, NC 2 MAR ) 9 2017 RECEIVED JUN 12 2017 Wilmington District agreed, and the permit it issued did not authorize dredging in � H D CITY Shoals. bPa Essential Fish Habitat and Aquatic Resources of National Importance Pursuant to the Magnuson -Stevens Act, the SAFMC and NMFS designate EFH within the study area to include tidal inlets and cape -associated shoal complexes because these areas provide feeding, resting, and staging habitat for a variety of commercially, recreationally, and ecologically important fish species. The SAFMC also designates these areas as an HAPC under the fishery management plans for shrimp, snapper/grouper complex, and coastal migratory pelagic species because these areas are rare, sensitive to stress and disturbance, and important to ecosystem function. Understanding how tidal inlets and shoals function to provide habitat is the product of a complex mix of connections between biological processes and physical factors. The cape -associated shoal complexes of North Carolina are known "hot -spot" environments where dense aggregations of fish are supported by local primary production. The SAMFC provides additional information on the species it manages and their EFH in Fishery Ecosystem Plan of the South Atlantic Region (available at www.safmc.net), and the NMFS provides additional information on the EFH of highly migratory species in Amendment 10 to the 2006 Consolidated HMS Fishery Management Plan: Essential Fish Habitat (available at www. nmfs. noaa. gov/sfa/hmsl) Several fish and invertebrates inhabiting the project area are ARNI in accordance with Section 906(e)(1) of the Water Resources Development Act of 1986 (PL 99-602), including bluefish (Pomatomus saltatrix), spotted seatrout (Cynoscion nebulosus), croaker (Micropogonias undulatus), southern flounder (Paralichthys lethostigma), blue crab (Callinectes sapidus), Spanish mackerel (Scomberomorus maculates), pompano (Trachinotus carolinus), and penaeid shrimp. Impacts to Essential Fish Habitat The Wilmington District and NMFS evaluated EFH impacts from dredging sand at Jay Bird Shoals, Bald Head Creek Shoal, and the Wilmington Harbor federal channel during the original EFH consultation for this project. Consequently, this additional review focuses on the EFH impacts from dredging sand at Frying Pan Shoals. The North Carolina coast consists of a series of cuspate bays or coastal compartments, each with different spatial orientations and a geologic character reflecting the adjacent continental shelf (McNinch and Luettich 2000; Riggs and Ames 2009). Frying Pan Shoals, like the other cape - associated shoal complexes in North Carolina, is a prominent feature extending to the continental shelf break. Among the three cape -associated shoal complexes, Frying Pan Shoals extends the farthest, approximately 30 miles. Each of the cape -associated shoal complexes appears to have large volumes of high quality, beach compatible sand (Riggs et al. 2011). Cape -associated shoal complexes are constantly changing. They shift under normal current regimes, but storm events are largely responsible for sediment transport, sand distribution, and shoal migration. Wind - driven currents and storm -induced waves suspend sediment causing frequent erosion and deposition on the seabed. A significant knowledge gap exists in understanding the role of cape - associated shoal complexes in the function and maintenance of North Carolina's barrier island system (Kato and Schiavinato 2009). It is entirely unknown how barrier islands and longshore RECEIVED DCM WILMINGTON, NC 1AAR 0 9 2017 coastal currents will respond to dredging and removal of large volumes of sand from Frying Pan Shoals. There is potential for significant short-term and long-term physical and biological impacts from dredging shoal habitat. Frying Pan Shoals is characterized by a high fish production, a high benthic faunal density, and species diversity. The Shoals are critically important for fisheries as it demarcates the boundary where the Labrador Current flowing south collides with the Gulf Stream Current flowing north. This biogeographical boundary plays a key role in supporting shrimp, the snapper -grouper complex, coastal migratory pelagic species, and highly migratory species by generating localized areas of high productivity. Upwelling in frontal eddies and summer bottom intrusions driven by the Gulf Stream contribute to this productivity by providing nutrient rich waters and a succession of biological responses (Lee et al. 1991). Shoal habitat is defined by such factors as exposure, sediment texture, depth, and rugosity. The NMFS is primarily concerned about the impacts of dredging on prey resources and foraging habitat provided by the Frying Pan Shoal complex. Benthic invertebrate communities consisting of crustaceans, worms, and mollusks are diverse and productive despite the high-energy disturbance regime affecting the Shoal complex. Infaunal species provide important trophic linkages coupling benthic-pelagic ecosystems. Many of the organisms utilizing these habitats also provide trophic linkages between inshore and offshore populations. Succession and recovery of benthic communities established in shallow high-energy environments may reflect the adaptation of communities that occur in these habitats to frequent disturbance from episodic storm events (Normandeau Associates 2014). Potential impacts caused by dredging include physical removal of benthic faunal communities and disturbance of foraging habitat for fish and invertebrates. Dredging can also affect benthic communities by altering sediment transport characteristics of a shoal favoring sedimentation instead of resuspension. Benthic impacts are expected to be reflected in measures of abundance, biomass, and taxa richness. Several practices have been suggested to reduce recovery times for benthic communities following dredging events. Most important is ensuring dredging activities do not create a depression in which fine sediments deposit and collect. This may change the sediment composition and associated infaunal assemblages, which is essential for recovery and recolonization (Byrnes et al. 2004; Crowe et al. 2016). Also, timing of dredging prior to the peak recruitment period of spring and summer, along with the preservation of local refuge patches to maximize the rate and success of benthic recolonization have also been suggested to improve recovery times (Byrnes et al. 2004; Brooks et al. 2006). The NMFS believes dredging and alterations of habitat on Frying Pan Shoals could affect spatiotemporal longshore movements of migratory fish species by disrupting feeding behavior (i.e., movement based on patchy food availability) and by disrupting a significant orientation cue for migration. Frying Pan Shoals serve as a migratory corridor for many species that traverse the coastal waters of the Southeast. Data on fish migration through North Carolina's cape -associated shoal complexes are sparse (Schwartz 1989). Anadromous species are the most common and well known fish to exhibit longshore migratory behavior. Anadromous species have complex lifecycles where individuals migrate great distances along the continental shelf and then return to their natal rivers to spawn. In the Southeast, Atlantic sturgeon, shormose sturgeon, striped bass, American shad, and blueback herring move along and across the shoal habitat multiple �'r I V E D DCM WILMINGTON, NC 4 MAR 0 9 2017 RECEIVED JUN 12 2017 throughout their life cycle. Sexually mature adults move across the shoals to aggr d Oft at river mouths and inlets prior to spawning migration in rivers. Similarly, CITY P P B !'x Y. Young-o -year emerge from estuaries and migrate across the shoals en route to the waters of the North Atlantic for growing. Inlets and nearshore shallow areas with predominantly sandy substrate are particularly important refuge and foraging habitat for sturgeon and other anadromous species (Laney et al. 2007; Taylor et al. 2016). A number of marine species seasonally migrate across the shoals. Cobia is a popular recreational and commercial species distributed worldwide in tropical, subtropical, and warm -temperate waters. Cobia are abundant in the warm waters off the coast of the U.S. from Virginia south throughout the Gulf of Mexico. The SAFMC manages cobia as part of the Coastal Migratory Pelagics Fishery Management Plan because the species is highly migratory. In late spring, schools of fish begin to migrate north from Florida. Migration and movement correlate with water temperature. Schools of migrating fish occur throughout coastal waters moving along beaches and the nearshore environment. Cobia form large spawning aggregations off North Carolina in May and June. There are numerous other examples of spatial movement patterns of fish across Frying Pan Shoals at various temporal scales. Atlantic menhaden form large schools that migrate between inshore and offshore waters foraging on plankton. During fall and early winter, menhaden migrate south around the North Carolina capes to spawn (ASMFC 2015). The accumulation of menhaden and other schooling planktivores (e.g., anchovies, sardines, herring, and scad) on the shoals attract pelagic predators such as Spanish mackerel, king mackerel, and coastal sharks. The NMFS is concerned the systematic dredging of cape -associated shoal complexes, such as the proposed project and subsequently other projects, may result in cumulative and unanticipated changes in habitat quality. Although opportunistic invertebrate communities may repopulate these areas after dredging, benthic populations may not recover to pre -project levels. Dredging will also suspend any fine material in the borrow area which may clog the gills in young, less mobile fish and invertebrates and thereby increase their mortality rates within assemblages. The extent of negative effect is dependent on the life history stages of the species present and the duration of the event. Frying Pan Shoals are a long-established seascape feature unique to North Carolina that provides valuable habitat for fishery resources utilizing estuaries and offshore waters as a part of their life cycle. Avoiding dredging of sand from this shoal complex would ensure that these important areas would not be altered to the point they no longer provide valuable habitat. Monitoring Needed for the Dredging Impacts To fully evaluate the proposed mining of Frying Pan Shoals for sand, the NMFS requires additional information regarding the rates at which borrow areas are expected to fill and measures the Wilmington District may require the Village to take to limit dredging to portions of the Shoal expected to fill in most rapidly. The NMFS also requires information on the biological monitoring the District may require quantifying whether the actual impacts to EFH are within acceptable limits. To characterize distribution, abundance, biomass, and diversity of fish and invertebrates on the Shoal complex, the NMFS recommends using fishery -independent surveys RECEIVED DCM WILMINGTON. NC LIAR 9 9 2017 that include a combination of active sampling (e.g., trawling) and passive sampling (e.g., acoustic surveillance technology). Dredging Best Management Practices The NMFS requests the District develop best management practices (BMPs) to minimize the adverse effects from dredging the shoal -complex and provide these for review before the District makes its final decision on the proposed permit modification. For example, limiting the dredging to the prevailing downdrift flanks of the shoals and limiting the depth of the dredge cuts to ten feet may be good practices. Dredging within the shoal -complex should be limited to the portions of the shoal expected to fill in most quickly once dredging has stopped. Environmental windows (seasonal restrictions) should be used to limit the timing of dredge and disposal activities to protect fish during sensitive life stages. Impacts to Aquatic Resources of National Importance Several fish and invertebrates known to inhabit the project area are ARNI in accordance with Section 906(e)(1) of the Water Resources Development Act of 1986 (PL 99-602), including bluefish, spotted seatrout, croaker, southern flounder, blue crab, Spanish mackerel, pompano, and penaeid shrimp. These species utilize sandy shoals for spawning, refuge, foraging, or nursery areas. As proposed, the work could directly and permanently eliminate a substantial amount of sandy shoal habitat. Indirect impacts to this habitat and the ARNI that depend upon the Shoals also may result from the altered wave climate caused by removing a substantial portion of the Shoal. These indirect and cumulative impacts from the proposed action include increased turbidity and sedimentation from placement of fill in the aquatic environment and loss of food production functions performed by sandy shoals. EFH Conservation Recommendations Section 305(b)(4)(A) of the Magnuson -Stevens Act requires the NMFS to provide EFH Conservation Recommendations for any federal action or permit which may result in adverse impacts to EFH. Therefore, the NMFS recommends the following to ensure the conservation of EFH and associated fishery resources: 1. The excavation of Frying Pan Shoals for terminal groin maintenance and beach nourishment should be eliminated from the project design. The NMFS would reconsider this recommendation based on receipt of additional environmental analysis performed including an EFH Assessment addressing the proposed permit modifications. 2. An alternatives analysis should be done to identify whether Frying Pan Shoals is the least environmentally damaging practicable alternative sand source the Village could use during the remainder of the permit period. This analysis should include examination of additional offshore sources, including those in the Outer Continental Shelf, capable of providing beach compatible sand. 3. A physical and biological monitoring plan for the offshore borrow areas should be developed to more accurately determine impacts to shoal habitat. The objectives of the monitoring should include documenting the extent and grain -size distribution of the material filling the excavation sites. Environmental monitoring should also document biological components of the ecosystem, including fish, invertebrates, and infauna, to quantify recovery and whether the actual impacts to EFH are within acceptabI C Cl.V E D L)CM WILMINGTON, NC MAR 0 9 2017 0 RECEIVED JUN 12 2017 4. BMPs should be developed to minimize the adverse impacts associated with dredgi, D CITY Frying Pan Shoals and integrated into the project design. For example, )b�l�iti t n dredging to the prevailing downdrift region of the shoal and limiting the depths of the dredge cuts to ten (10) feet may be good practices. Similarly, restricting the time of year for construction activities including dredging, groin maintenance, and beach nourishment, should be included to reduce impacts to EFH and vulnerable life stages of federally managed fishery species. Please provide a list of BMPs to NMFS for review before the District makes its final decision on the proposed permit modification. Section 305(b)(4)(B) of the Magnuson -Stevens Act and implementing regulation at 50 CFR Section 600.920(k) require the Wilmington District to provide a written response to this letter within 30 days of its receipt. If it is not possible to provide a substantive response within 30 days, in accordance with the "findings" with the Wilmington District, an interim response should be provided to the NMFS. A detailed response then must be provided prior to final approval of the action. The detailed response must include a description of measures proposed by the Wilmington District to avoid, mitigate, or offset the adverse impacts of the activity. If the response is inconsistent with the EFH conservation recommendations, the Wilmington District must provide a substantive discussion justifying the reasons for not following the recommendations. Closing Thank you for the opportunity to provide these comments. Please direct related questions or correspondence to the attention of Dr. Ken Riley at our Beaufort Field Office, 101 Pivers Island Road, Beaufort, North Carolina 28516-9722. He may be reached by telephone at (252) 728- 8750 or by e-mail at Ken.Riley@noaa.gov. cc: COE, Ronnie.D.Smith@usace.army.mil USFWS, Pete_Benjamin@usfws.gov NCDCM, Doug.Huggett@ncdenr.gov NCDCM, Shane.Staples@ncdenr.gov EPA, Bowers.Todd@epa.gov SAFMC, Roger.Pugliese@safmc.net ASMFC, LHavel@asmfc.org F/SER4, David.Dale@noaa.gov F/SER47, Ken.Riley@noaa.gov Sincerely, �n 4� Virginia M. Fay Assistant Regional Administrator Habitat Conservation Division RECEIVED DCM WILMINGTON, NC 7 MAR 0 9 2017 References ASMFC. 2015. Southeast Data, Assessment, and Review (SEDAR 40): Atlantic Menhaden Stock Assessment Report. Atlantic States Marine Fisheries Commission, North Charleston, South Carolina. 643 pp. Brooks, R.A, C.N. Purdy, S.S. Bell, and K.J. Sulak. 2006. The benthic community of the eastern U.S. continental shelf: A literature synopsis of benthic faunal resources. Continental Shelf Research 26:804-818. Byrnes, M.R., R.M. Hammer, J.L. Kelley, D.B. Baker, T.D. Thibaut, S.A. Zichichi, L.M. Lagera, S.T. Viada, B.A. Vittor, J.S. Ramsey, and J.D. Germano. 2004. Environmental surveys of potential borrow areas offshore northern New Jersey and southern New York and the environmental implications of sand removal for coastal and beach restoration. U.S. Department of the Interior, Minerals Management Service, Leasing Division, Marine Minerals Branch, Herndon, VA. OCS Report MMS 2004-044. Vol 1: 264 pp and Vol IL194 pp. Crowe, S.E., D.C. Bergquist, D.M. Sanger, and R.F. Van Dolah. 2016. Physical and biological alternations following dredging in two beach nourishment borrow areas in South Carolina's coastal zone. Journal of Coastal Research 32:875-889. Kalo, J., and L.C. Schiavinato. 2009. Developing a management strategy for North Carolina's coastal ocean, Report of the Ocean Policy Steering Committee. North Carolina Coastal Resources Commission. North Carolina Sea Grant Publication. April 2009. 86 pp. Laney, R.W., J.E. Hightower, B.R. Versak, M.F. Mangold, W.W. Cole, Jr., and S.E. Winslow. 2007. Distribution, habitat use, and size of Atlantic sturgeon captured during cooperative winter tagging cruises, 1988-2006. Pages 167-182 in J. Munro, J. E. Hightower, K. McKown, K. J. Sulak, A. W. Kahnle, and F. Caron, editors. Anadromous sturgeons: habitats, threats, and management. American Fisheries Society, Symposium 56, Bethesda, Maryland. Lee, T.N., J.A. Yoder and L.P. Atkinson. 1991. Gulf stream frontal eddy influence on productivity. Journal of Geophysical Research 96:22-191. McNinch, J.E. and R.A. Luettich. 2000. Physical processes around a cuspate foreland: implications to the evolution and long-term maintenance of a cape -associated shoal. Continental Shelf Research, 20: 2367-2389. Normandeau Associates, Inc. 2014. Understanding the habitat value and function of shoal/ridge/trough complexes to fish and fisheries on the Atlantic and Gulf of Mexico outer continental shelf. Literature Synthesis for the U.S. Department of the Interior, Bureau of Ocean Energy Management. Contract # M12PS00031. 116 pp. Riggs, S.R. and D.W. Ames. 2009. Impact of the Oregon Inlet terminal groin on downstream beaches of Pea Island, NC Outer Banks. Unpublished report. 19 pp. RECCIVED DCM WILMINGTON. NC MAR 0 9 2017 8 Riggs, S.R., D. Ames, S.J. Culver, and D.J. Mallinson. 2011. The battle for North Carolina's coast: evolutionary history, present crisis, and vision for the future. Chapel Hill: University of North Carolina Press. 142 pp. Schwartz, F.J. 1989. Zoogeography and ecology of fishes inhabiting North Carolina's marine waters to depths of 600 meters. Pages 335-374 in R.Y. George and A.W. Hulbert, editors. North Carolina Coastal Oceanography Symposium. U.S. Department of Commerce, NOAA-NURP Rep. 89-2. Taylor, A. D., K. Ohashi, J. Sheng, and M. K. Litvak. 2016. Oceanic distribution, behaviour, and a winter aggregation area of adult Atlantic sturgeon, Acipenser oxyrinchus oxyrinchus, in the Bay of Fundy, Canada. P10S One 11:1-16. RECEIVED ju,v 12 2017 DCM- MHD CITY ciECi=i VED DCM WILMINGTON, NC MAR 0 9 2017 0 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 February 27, 2017 Mr. Ronnie Smith Wilmington Regulatory Division Office RECEIVED 69 Darlington Avenue Wilmington, North Carolina 28403 J U N 12 2017 Subject: Action ID #SAW- 2012-00040; Village of Bald Head Island DC M- M H D CITY Brunswick County, NC Dear Mr. Smith: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated February 7, 2017. The Village of Bald Head Island (VBHI) has requested a modification to the permit issued November 19, 2014 for the construction of a terminal groin structure on Bald Head Island in the Atlantic Ocean. The terminal groin was constructed in 2015. At this time, the permittee proposes to maintain the sand fillet with sand from Frying Pan Shoals; and also to nourish the entire length of South Beach and West Beach. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661- 667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.1531-1543). Project Area, Proposed Activities, and Anticipated Impacts The project area is the entire length of South Beach, and a large portion of West Beach and the adjacent Atlantic Ocean on Bald Head Island. The waters of the project area are classified as SB. The area is not designated as a Primary Nursery Area (PNA) and is not closed to the taking of shellfish. The substrate of the project area is primarily sand. RECEIVED DCM WILMINGTON, NC HAR C, 9 2017 Federally Protected Species The following federally -listed species (under the authority of the Service) are found within the project area: West Indian manatee (Trichechus manatus), piping plover (Charadrius melodus), red knot (Calidris canutus rufa), seabeach amaranth (Amaranthus pumilus), and the Kemp's ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and green (Chelonia mydas) sea turtles. In addition, the project area includes terrestrial critical habitat for the Northwest Atlantic Ocean (NWA) loggerhead sea turtle. Service Concerns and Recommendations 1. The Service believes that this is a new and separate project from the construction of the terminal groin, and as such, should be treated as a new proposal rather than a modification to the authorization for the constructed groin. We direct your attention to the August 1, 2014 Final Environmental Impact Statement (FEIS), the June 19, 2014 Biological Opinion (BO), and other information associated with the terminal groin project. According to meeting minutes, as early as September 12, 2012, the Project Review Team (PRT) for the terminal groin project began discussing issues with combining nourishment alternatives with the terminal groin alternative, and it was determined that beach nourishment along South Beach would be a separate alternative. The Service understands that the authorization of the project includes "beach nourishment," but the specific areas to be nourished are not described, and the Corps did not consult with the Service on specific areas to be nourished, outside of the sand fillet. In the FEIS, the preferred alternative and the authorized project is Alternative 5, "Terminal Groin with Beach Nourishment/Beach Disposal (Sand Tube Groinfield Remaining)." This alternative includes the construction of a 1,900 linear foot (If) terminal groin concurrent with, and following a federal beach disposal operation on Bald Head Island. The structure was proposed to be constructed in two phases and serve as a "template" for fill material placed eastward of the groin. The first phase, a 1,3001f groin, was constructed in 2015. Sand from the Corps Wilmington Harbor Sand Management Plan (SMP) was placed on South Beach and West Beach prior to construction of the groin. According to the BO, the project that the Service consulted on was described as including approximately 12,600 If of shoreline along portions of South Beach (for construction of the groin). Approximately 2,5001f of shoreline was proposed to be affected by the disposal of sand for maintenance of the sand fillet. The project includes proposed maintenance of the 2,5001f sand fillet at 3 years after the initial placement of sand and initiation of groin construction, and then on 9-year intervals for the life of the RECEIVED DGM WILMINGTON, (� MAR d 9 2017 project (Years 12, 21, and 30 after initial sand placement). The maintenance of the sand fillet does not include other portions of South Beach or West Beach. The Incidental Take Statement in the BO for the terminal groin project does not allow incidental take of listed species outside of the 12,600 If of shoreline anticipated for construction of the terminal groin. The Service did not dictate a smaller incidental"CEIVED for the maintenance of the sand fillet; however, we expect that the fillet would be as described in the original project description (2,500 If). JUN 12 2017 Alternative 3 in the FEIS (`Beach Nourishment/Disposal with Existing Sand Tub)CM- MHD CITY Groinfield to Remain in Place") involves a beach fill project, which is smaller than the one currently proposed. However, this alternative was not combined with the preferred alternative, and in fact was distinctly separated from the preferred alternative. The currently proposed beach fill project is considerably larger than that proposed in Alternative 3. The project in Alternative 3 is not defined spatially in the FEIS, but a review of FEIS figures 5.4, 5.9, 5.10 appears to define an area from approximately Station 38+00 to Station 166+00. The currently proposed beach nourishment project spans the entire shorelines of South and West Beach from Station 4+00 to Station 228+00. Therefore, the Service recommends that this proposal be considered a new and separate project from the terminal groin project. 2. If the permittee and the Corps agree to modify the terminal groin permit to include this larger beach nourishment project, the Service recommends reinitiation of consultation to amend the June 19, 2014 BO. We note that a new or updated Biological Assessment should be submitted to provide project -specific information and up-to-date species data for the new portions of the Action Area. 3. If the Corps determines that the beach nourishment proposal for South and West Beaches should be addressed through a new authorization, the Service recommends that the permittee and Corps consider achieving compliance with ESA Section 7 consultation requirements through coverage under the Statewide Programmatic BO, which should be issued later this spring. The Terms and Conditions of this BO will require, among other things, sand placement outside of the sea turtle nesting season, compliance with the North Carolina sediment criteria, and species monitoring (with annual reporting). 4. The Service notes that the June 19, 2014 BO (Section IX — Reporting Requirements) requires that an "annual report detailing the monitoring and survey data collected during the preceding year (required in the above Terms and Conditions) and summarizing all piping plover, red knot, shorebird, seabeach amaranth, and sea turtle data must be provided to the Raleigh Field Office by January 31 of each year for review and DECEIVED DCM WILMINGTON, NC MAR A 9 2017 4 comment." To date, the Service has not received any annual reports that were required by the BO. 5. The Service notes that the FEIS does not appear to contain detailed sediment quality data for Frying Pan Shoals. Appendices E and F contain hydrographic maps and geotechnical data for Bald Head Creek Shoals. The Service could not find similar data or reports for the other potential sand sources described in the FEIS (Jay Bird Shoals and Frying Pan Shoals), and we do not recall significant discussions about the utilization of Frying Pan Shoals, presumably because the applicant intended to use sand sources that are closer. The applicant should provide applicable sediment quality data for the currently -proposed borrow area. The Service recommends that a more comprehensive presentation on the borrow area alternatives be developed. 6. Cape Shoal complexes such as Frying Pan Shoals are biogeographical boundaries, separating ocean bays such as (in this case) Onslow Bay and Long Bay. Maintaining the integrity of these complexes is essential, particularly as stopover points for migrating commercially- and recreationally -important fish species. The Service is concerned that removing sand from the complex and depositing it to the southwest will effectively remove the sand from the system, causing potential long-term impacts. It is difficult to predict how quickly the complex may recover from a significant sand removal event, and no data has been provided in this regard. The Service is also concerned with the potential cumulative effects of multiple parties mining a new borrow area that has never been mined before. We note that the applicant is not the only municipality in the area that is interested in using Frying Pan Shoals as a borrow source. We recommend that a more rigorous analysis of sand source alternatives be provided. Summary The Service appreciates the opportunity to comment on this public notice. If you have questions regarding these comments, please contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at <kathryn_matthews@fws.gov >. Sincerely, to Benjamin Field Supervisor 01 rIECEIVED DCM WILMINGTON, NC MAR o 9 2017 LMG LAND MANAGEMENT GROUP ixc Environmental Consultants March 28, 2017 Ms. Debra Wilson NC Division of Coastal Management Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 RECEIVED JUN 12 2017 DCM- MHD CITY RE: NC CAMA Permit Application — Major Modification Request to State Permit No. 91-14 Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project Response to Request for Additional Information Dear Debbie: By way of this letter and on behalf of the Village of Bald Head Island (Applicant), Land Management Group, Inc. (LMG) (agent) is providing the following response to your request for additional information (dated March 6, 2017) for the Major Modification application for State Permit No. 91- 14. Please refer to the following requested information. Several of the items requested in your letter pertain to geotechnical information associated with North Carolina technical standards for beach fill projects (15A NCAC 07H 0312). In response to these requests, please refer to the attached information from the project engineer (Erik Olsen) (see Attachment A). The remaining items (#6 through #10) are addressed below: 6. Property owner notifications have been submitted to the property owners directly adjacent to the outer limits of the proposed fill template (specifically Bald Head Island Limited on West Beach and the State of North Carolina on the eastern end of South Beach). See attached copies of these notification letters with the corresponding certified mail receipts (Attachment B). 7. The project narrative has been updated to reflect the proposed beach fill templates beginning at Station 0+00 on West Beach and extending to Station 218+00 on South Beach (see attached update narrative, Attachment C). 8. The MP-2 form has been updated to include the square footage of the proposed excavation area within Frying Pan Shoals (see attached updated form, Attachment D). 9. Refer to the attached description of borrow site alternatives considered for the proposed long- term nourishment project (Attachment E). RECEIVED DCM WILMINGTON, INC www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 MAR 2 S 2017 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 10. Noted. The comments provided by the US Fish and Wildlife Service will be addressed via the federal permit review process. Lastly, please note that the complete set of geophysical imaging (requested via email from Heather Coats on March 16, 2017) has been transmitted by Geodynamics, LLC via an email link to a FTP site (transmitted on March 27, 2017). Should you have any questions regarding the information provided, please feel free to contact me vial phone at 910-452-0001 or by email at cpreziosi@lmeroup.net. Thank you for your time and assistance. RECEIVE© Sincerely, Christian JUN 12 2017 d naYY�9^�WC�.Mun Pemw �ra¢men�6mu0.N ,ou.� Prezio "'`°>"`°` DCM- MHD CITY `Oahe. 0318 �635W G'W' Christian Preziosi Land Management Group, Inc. (permit agent) Encl. CAMA Permit Application, Major Modification Request CC. Chris McCall, Village of Bald Head Island Erik Olsen, Olsen Associates Heather Coats, DCM-Wilmington Tara MacPherson, DCM-Wilmington nEGGIV ED DCM WIC-MINGTON, NC MAR. 2 8 2011 www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 LMG LAND MANAGEMENT GROUP mr. Environmental cnnsu/mots March 27, 2017 State of North Carolina RECEIVED JUN 12 P017 116 West Jones Street DCM- MHD C11►"V Raleigh, NC 27603 RE: NC CAMA Permit Application — Major Modification Request to State Permit No. 91-14 Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project Dear Sir/Madam, This letter serves to notify the State of North Carolina of the proposed beach nourishment project of West Beach and South Beach utilizing a sand source site (i.e. borrow site) located on the western portion of the Frying Pan Shoals formation approximately 1 mile off the southeast shoreline of Bald Head Island. Sediment identified within the Frying Pan Shoals borrow site will be excavated by cutter suction dredge and pumped by submerged pipeline to the South Beach and West Beach shorelines to offset sand losses from chronic erosion. Adjacent riparian property owners are required by the NC Coastal Area Management Act (CAMA) permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC DCM is enclosed. If you have any comments on the project, they can be directed to Ms. Debra Wilson at the following address: North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Ms. Wilson can also be reached by phone at 910-796-7266. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, Christian Preziosl Land Management Group, Inc. (permit agent) Encl. CAMA Permit Application, Major Modification Request SEC =iVED CC. Debra Wilson, DCM-Wilmington DCM WILMINGTON, NC Tara MacPherson, DCM-Wilmington Heather Coats, DCM-Wilmington MAR 2 8 2017 www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 LMG LAND MANAGEMENT GROUP x.. En ...... mental Consultmts March 27, 2017 Bald Head Island Limited, LLC PO Box 3069 Bald Head Island, NC 28461-7000 RE: NC CAMA Permit Application — Major Modification Request to State Permit No. 91-14 Village of Bald Head Island Frying Pan Shoals Beach Nourishment Project Dear Sir/Madam, This letter serves to notify Bald Head Island Limited, LLC of the proposed beach nourishment project of West Beach and South Beach utilizing a sand source site (i.e. borrow site) located on the western portion of the Frying Pan Shoals formation approximately 1 mile off the southeast shoreline of Bald Head Island. Sediment identified within the Frying Pan Shoals borrow site will be excavated by cutter suction dredge and pumped by submerged pipeline to the South Beach and West Beach shorelines to offset sand losses from chronic erosion. Adjacent riparian property owners are required by the NC Coastal Area Management Act (LAMA) permit application process to be notified. A copy of the CAMA permit application (narrative, application forms and figures) as it has been submitted to the NC DCM is enclosed. If you have any comments on the project, they can be directed to Ms. Debra Wilson at the following address: North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Ms. Wilson can also be reached by phone at 910-796-7266. No comment within 30-days of receipt of this package indicates no objection. I am happy to answer any questions you may have regarding the enclosed materials and can be reached at 910-452-0001. Sincerely, l RECEIVED Christian Preziosi JUN 12 2017 Land Management Group, Inc. (permit agent) Encl. CAMA Permit Application, Major Modification Request DCM- MHDCITY CC. Debra Wilson, DCM-Wilmington Tara MacPherson, DCM-Wilmington Heather Coats, DCM-Wilmington ;RECciVED www.lmgroup.net •Phone: 910.452.0001 •Fax: 910.452.0060' CM WILMINGTON, NC 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 MAR 2 8 2017 p o kAL£1G' ry V 1 P ED m Certified Fee p p Raesa Receipt Fee (EndpsMtOnt Required) m RaablMap OelNM Fee ry (gndOr. sWg Required) ill $2. Total Postage & Fees Lrl E3 f o i ti s m so p ry u Po p p CerOned Fee p p Return Recelpt Fee (EndOMMOSM Required) O RNgklad DWYMy Fee � (Endpreemarlt RagWred) ni Total Postage & Fees ul . p p f- ^ or P09ox No. � ii t PosMark Here 3:27i =U1' N(I IAL USE �14i1b I, Postmark Here RECEIVED JUN 12 2017 DCM- MHD CITY REG.-.-WED DCM WILMINGTON, NC MAR 282011 F Coastal Management ENVIRONMENTAL QUALITY March 6, 2017 Village of Bald Head Island c/o Christian Preziosi 3805 Wrightsville Avenue No.15 Wilmington, NC 28403 RE: CAMA Major Development Permit Application Village of Bald Head Island Frying Pan Shoals Nourishment Project Major Modification State Permit No. 91-14 Dear Mr. Preziosi: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director The Division of Coastal Management hereby acknowledges receipt of your application on January 25, 2017, acting on behalf of the Village of Bald Head Island, for use of Frying Pan Shoals as a long term beach maintenance borrow site adjacent to the Atlantic Ocean and the Cape Fear River Based on the information you provided, your application package lacks information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly confinue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. If you have any questions concerning this matter, please call me at my Wilmington Office at (910) 796-7266. Sincerely, Debra Wilson District Manager, NC Division of Coastal Managements Wilmington Regional Office Tm/Dw cc: Tara MacPherson, DCM-Wilmington Heather Coats, DCM Wilmington Electronically delivered to cpreziosi@lmgroup.net .� 1UN 12 2o17 DCM- MHD CITY State of North Carolina i Environmental Quality: Coastal Management Wilmington Office '. 127 Cardinal Drive Extension ; Wilmington. North Carolina 28405 9107%7215 After reviewing your recently submitted CAMA major permit application submittal, it has come to the attention of the N.C. Division of Coastal Management (NCDCM) that the following items are missing from your application package. 1. If material from the proposed access fairway will be placed on a recipient beach the fairway area must be included in the characterization of the borrow site and at least one (1) additional VIBRACORE must be obtained to meet spacing requirements. Please provide an additional VIBRACORE sample on the western side of the access fairway location for a complete composite sampling profile. 2. In accordance with 15A NCAC 07H 0312(1)(h) the total number of sediments and shell material greater than or equal to three inches in diameter, observable on the surface of the beach between mean low water and the frontal dune toe, shall be calculated for an area of 50,000 sq. ft. within the beach fill project boundaries. This area must be established as a representative sample of the entire project area in order to be utilized as a background value. Color photographs of the sample area also need to be provided. 3. Please provide measurements of seafloor elevation utilizing multibeam technology for 100 percent of the entire proposed borrow site, including the proposed fairway, in accordance with NCAC 07H. 0312(2)(c). If this can't be performed in areas with elevations of less than 10 ft. please note the requirements in 15A NCAC 07H. 0312(2)(e) which state that sediment sample spacing shall be no less than one core per six acres (grid spacing of 500 feet or 152 meters). 4. Please provide additional VIBRACORE samples and geophysical data within the proposed borrow area (see Figure 5.5 of the Frying Pan Shoals Sand Search Investigation Report). In accordance with the requirements of 15A NCAC 07H. 0312(2)(e). VIBRACORE samples should cover the entire proposed borrow area. 5. Please provide additional data for VIBRACORE samples not taken to depth. According to15A NCAC 07H. 0312(4)(a): sediment excavation depths for all borrow sites shall not exceed the maximum depth of recovered core at each coring location. 6. Please provide proof of adjacent property owner notifications for both properties directly adjacent to the outer project limits of the expanded template area. 7. Please update the project Narrative to include language discussing the expansion of the beach template on West Beach and South Beach. 8. Please update the MP-2 form to include the sq. ft. are of proposed excavation within Frying Pan Shoals. 9. Please provide discussion of alternative borrow locations as was requested during the November 3, 2016 scoping meeting for this project. 10. Please also see the attached letter from the US Fish and Wildlife Service. While we are not requesting additional information at this time we strongly encourage you to address their concerns. Failure to do so may result in a delay in processing and/or future additional information requests. RECEIVED JUN 12 2017 DCM- MHD CITY United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 February 27, 2017 Mr. Ronnie Smith Wilmington Regulatory Division Office 69 Darlington Avenue Wilmington, North Carolina 28403 Subject: Action ID #SAW- 2012-00040; Village of Bald Head Island Brunswick County, NC Dear Mr. Smith: This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated February 7, 2017. The Village of Bald Head Island (VBHI) has requested a modification to the permit issued November 19, 2014 for the construction of a terminal groin structure on Bald Head Island in the Atlantic Ocean. The terminal groin was constructed in 2015. At this time, the permittee proposes to maintain the sand fillet with sand from Frying Pan Shoals, and also to nourish the entire length of South Beach and West Beach. These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661- 667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C.1531-1543). Project Area, Proposed Activities, and Anticipated Impacts The project area is the entire length of South Beach, and a large portion of West Beach and the adjacent Atlantic Ocean on Bald Head Island. The waters of the project area are classified as SB. The area is not designated as a Primary Nursery Area (PNA) and is not closed to the taking of shellfish. The substrate of the project area is primarily sand. RECEIVED JUN 12 2017 0CM- MHD CITY 1-�EC - VED DCM WILMINGTON, NC MAR 0 6 2017 Federally Protected Species The following federally -listed species (under the authority of the Service) are found within the project area: West Indian manatee (Trichechus manatus), piping plover (Charadrius melodus), red knot (Calidris canutus rufa), seabeach amaranth (Amaranthus pumilus), and the Kemp's ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and green (Chelonia mydas) sea turtles. In addition, the project area includes terrestrial critical habitat for the Northwest Atlantic Ocean (NWA) loggerhead sea turtle. Service Concerns and Recommendations RECEIVED JUN 12 2017 1. The Service believes that this is a new and separate project from the construction c6C M_ M H D C ITS the terminal groin, and as such, should be treated as a new proposal rather than a modification to the authorization for the constructed groin. We direct your attention to the August 1, 2014 Final Environmental Impact Statement (FEIS), the June 19, 2014 Biological Opinion (BO), and other information associated with the terminal groin project. According to meeting minutes, as early as September 12, 2012, the Project Review Team (PRT) for the terminal groin project began discussing issues with combining nourishment alternatives with the terminal groin alternative, and it was determined that beach nourishment along South Beach would be a separate alternative. The Service understands that the authorization of the project includes "beach nourishment," but the specific areas to be nourished are not described, and the Corps did not consult with the Service on specific areas to be nourished, outside of the sand fillet. In the FEIS, the preferred alternative and the authorized project is Alternative 5, "Terminal Groin with Beach Nourishment/Beach Disposal (Sand Tube Groinfield Remaining)." This alternative includes the construction of a 1,900 linear foot (If) terminal groin concurrent with, and following a federal beach disposal operation on Bald Head Island. The structure was proposed to be constructed in two phases and serve as a "template" for fill material placed eastward of the groin. The fast phase, a 1,3001f groin, was constructed in 2015. Sand from the Corps Wilmington Harbor Sand Management Plan (SMP) was placed on South Beach and West Beach prior to construction of the groin. According to the BO, the project that the Service consulted on was described as including approximately 12,600 If of shoreline along portions of South Beach (for construction of the groin). Approximately 2,5001f of shoreline was proposed to be affected by the disposal of sand for maintenance of the sand fillet. The project includes proposed maintenance of the 2,5001f sand fillet at 3 years after the initial placement of sand and initiation of groin construction, and then on 9-year intervals for the life of the :-iEt---iVED DCM WILMINGTON, NO MAR 062017 project (Years 12, 21, and 30 after initial sand placement). The maintenance of the sand fillet does not include other portions of South Beach or West Beach. The Incidental Take Statement in the BO for the terminal groin project does not allow incidental take of listed species outside of the 12,600 If of shoreline anticipated for construction of the terminal groin. The Service did not dictate a smaller incidental take for the maintenance of the sand fillet; however, we expect that the fillet would be as described in the original project description (2,500 If). Alternative 3 in the FEIS ("Beach Nourishment/Disposal with Existing Sand Tube Groinfield to Remain in Place") involves a beach fill project, which is smaller than the one currently proposed. However, this alternative was not combined with the preferred alternative, and in fact was distinctly separated from the preferred alternative. The currently proposed beach fill project is considerably larger than that proposed in Alternative 3. The project in Alternative 3 is not defined spatially in the FEIS, but a review of FEIS figures 5.4, 5.9, 5.10 appears to define an area from approximately Station 38+00 to Station 166+00•. The currently proposed beach nourishment project spans the entire shorelines of South and West Beach from Station 4+00 to Station 228+00. Therefore, the Service recommends that this proposal be considered a new and separate project from the terminal groin project. 2. If the permittee and the Corps agree to modify the terminal groin permit to include this larger beach nourishment project, the Service recommends reinitiation of consultation to amend the June 19, 2014 BO. We note that a new or updated Biological Assessment should be submitted to provide project -specific information and up-to-date species data for the new portions of the Action Area. 3. If the Corps determines that the beach nourishment proposal for South and West Beaches should be addressed through a new authorization, the Service recommends that the permittee and Corps consider achieving compliance with ESA Section 7 consultation requirements through coverage under the Statewide Programmatic BO, which should be issued later this spring. The Terms and Conditions of this BO will require, among other things, sand placement outside of the sea turtle nesting season, compliance with the North Carolina sediment criteria, and species monitoring (with annual reporting). 4. The Service notes that the June 19, 2014 BO (Section DC — Reporting Requirements) requires that an "annual report detailing the monitoring and survey data collected during the preceding year (required in the above Terms and Conditions) and summarizing all piping plover, red knot, shorebird, seabeach amaranth, and sea turtle data must be provided to the Raleigh Field Office by January 31 of each year for review and RECEIVED JUN 12 2017 tEC -.� ED DC.M WILMINGTON, NC DDM- MHD CITY 1,1AR 0 6 2017 comment." To date, the Service has not received any annual reports that were required by the BO. 5. The Service notes that the FEIS does not appear to contain detailed sediment quality data for Frying Pan Shoals. Appendices E and F contain hydrographic maps and geotechnical data for Bald Head Creek Shoals. The Service could not find similar data or reports for the other potential sand sources described in the FEIS (Jay Bird Shoals and Frying Pan Shoals), and we do not recall significant discussions about the utilization of Frying Pan Shoals, presumably because the applicant intended to use sand sources that are closer. The applicant should provide applicable sediment quality data for the currently -proposed borrow area. The Service recommends that a more comprehensive presentation on the borrow area alternatives be developed. 6. Cape Shoal complexes such as Frying Pan Shoals are biogeographical boundaries, separating ocean bays such as (in this case) Onslow Bay and Long Bay. Maintaining the integrity of these complexes is essential, particularly as stopover points for migrating commercially- and recreationally -important fish species. The Service is concerned that removing sand from the complex and depositing it to the southwest will effectively remove the sand from the system, causing potential long-term impacts. It is difficult to predict how quickly the complex may recover from a significant sand removal event, and no data has been provided in this regard. The Service is also concerned with the potential cumulative effects of multiple parties mining a new borrow area that has never been mined before. We note that the applicant is not the only municipality in the area that is interested in using Frying Pan Shoals as a borrow source. We recommend that a more rigorous analysis of sand source alternatives be provided. Summary The Service appreciates the opportunity to comment on this public notice. If you have questions regarding these comments, please contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at <kathryn_matthews@fws.gov>. Sincerely, (I01m,4 to Benjamin Field Supervisor cc: Ken Riley, NOAA Fisheries, Beaufort Maria Dunn, NCWRC, Washington, NC Doug Huggett, NC Division of Coastal Management, Morehead City RECEIVED JUN 12 2017 ocm. MHD CITY UGM WILMINGTON, NG MAR o b 2017 LMG LAND MANAGEMENT GROUP INC Environmental Consultants MEMORANDUM TO: Tara MacPherson, NCDCM FROM: Christian Preziosi, LMG DATE: January 2S, 2017 RE: Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island CAMA Permit No. 91-14, Major Modification Request Ta ra, On behalf of the Village of Bald Head Island, please see attached a hard -copy of the Major Modification Request for CAMA Permit No. 91-14. The modification request seeks to authorize the use of an approximate 460-acre multi -event borrow area on the western flank of Frying Pan Shoals for long-term nourishment and maintenance of the South Beach and West Beach shorelines of Bald Head Island. Note that a request has also been submitted to the U.S. Army Corps of Engineers (COE) for modification of the corresponding Department of Army (DA) permit authorization. The enclosed application materials include a CD of: (1) the Frying Pan Shoals Sand Search Investigation Report (Olsen Associates, Inc.); and (2) the Submerged Cultural Resource Management Summary (Tidewater Atlantic Research, Inc. 2016). Let us know if you have any questions or need anything else at this time. Thank y u, (, ). Christian Prezio i Land Management Group, Inc. www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JUN 12 2017 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC AN 2 5 2017 1 LMG LAND MANAGEMENT GROUP roc Environmental Consultants 20 December 2016 Mr. Doug Huggett NC Division of Coastal Management 404 Commerce Avenue Morehead City, N.C. 28557 Re: Frying Pan Shoals Beach Nourishment Project, Village of Bald Head Island CAMA Permit 91-14, Major Modification Request Dear Doug, Please find enclosed a request for Major Modification of CAMA Permit 91-14 which is submitted on behalf of The Village of Bald Head Island. Work requested in this modification would provide a long term sand source for beach maintenance on the West and South Beaches of Bald Head Island An approximately 460-acre multi -event borrow area within Frying Pan Shoals has been identified as an adequate source of beach compatible sand. Beach placement would utilize footprints and profiles previously established and approved in the terminal groin and federal beach disposal projects. Additional details are provided in the enclosed application materials. Please note that the Frying Pan Shoals Sand Search Investigation Report (Olsen Associates Inc. 2016) and the Submerged Cultural Resource Management Summary (Tidewater Atlantic Research Inc. 2016) are provided on the enclosed CD. An Essential Fish Habitat (EFH) report is being prepared and will be furnished to NC DCM, the U.S. Army Corps of Engineers (USACE), and the National Marine Fisheries Service (NMFS) as part of the permit review process. Thank you in advance for your assistance in processing this request. RECEIVED Sincerelyr- (%il Ji Christian Pre osi Environmental Consultant Encl: Application package $475 application fee check Cc: Mr. Chris McCall, Village of Bald Head Island Mr. Erik Olsen, Olsen Associates, Inc. JUN 12 2017 DCM- MHD CITY RECEIVED WM WILMINGTON, NC JAN 2 5 2017 www.lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 �e ROY COOPER Gmemor MICHAEL S. REGAN Secretary Coastal Management ENVIRONMENTAL QUALITY June 7, 2017 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for The Village of Bald Head Island / Brunswick Co. Kyle & Heather: Please publish the attached Notice in the Saturday, June 10, 2017 issue BRAXTON DAVIS Director The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Tanya Wright, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Sincerely, ekSau K. son Permitting Support & Customer Assistance Heather Coats - WiRO Doug Huggett - MHC Ronnie Smith - USACE Sarah Young- DCM RECEIVED JUN 12 2017 DC M- MI -HD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 M NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On May 26, 2017, The Village of Bald Head Island proposed to modify State Permit No. 91-14 to use Frying Pan Shoals as a borrow site for the beach nourishment of South Beach, adjacent to the Atlantic Ocean, and West Beach, adjacent to the Cape Fear River, on Bald Head Island, in Brunswick County. A copy of the application can be examined or copied at the office of Tara MacPherson, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7425) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to July 1, 2017 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED JUN 12 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-7967215 NC Division of Coastal Management AEC +to5escnesrs�u+es _ $475 / #47620 c@MHC Major Permit Application Computer Sheet CDAITS _- MHC cc _.__. A Applicant e of Bald Head Island Villa pp st1/71j/ _-- �I Agent/Contractor. LMG c%o £hristian Preziosi Piolect Site County Brunswick Staff Tara MacPherstn District Wilmington Project Name Frying Pan Shaais Nourishment Pro}. MM91-t4 Rover -File n.a Rjv beta Cape Fear fnitial date of application submittal. 1-25-17 Date application 'received as complete in the Field office: ''- � Permit Authorization: (� -CAMAO & FAI oth SITE DESCRIPTIONIPERMIT INFORMATION pi Yv __lYes 'ytyNc °NA Ys tNn thotos Taken Yes❑ No,� Setback Requred r, parian} [Yes [moo h,, �_al r, ii't-ii Yes N . `. "1v� � ... ' h foot waver obi alned Ine Haz Notification •i,urriorl ,. [,Yes ❑No ;Yes „ fJ� ;—INo[Sure Sr m =:v- .� e• ',o _ ,. Temporary Impacts ;ryr es ��,,Na. Sure - _ Sandbags: [ Yes to El Not Sure , t Did the land use ciasslfi t' n c; r•'F- from county LUP E]YesNo 4.litigation Required (optional) ..,Yes �1\10 Moratorium Conditions. ,,Err}}vvtronmental Assessment Done 'Yes Length of Shorehmr Yes [JNo ❑NA T r1tin F-NA y (? Shellfish Are9.•Desujnaaon Project Desc, p' ia, .. _. i , n.eni •. , ,. Open - - Closed SECOND ER CLASSIFICATION - OPTIONAL (choose MA? [j Future Water SuPPIY(FW orient'Sensdive ^aaters(S'N) ❑ High Quality Waters iHOW'i ❑ Outstanding Res(e,: -. .. WETLANDSIMPACTED (404) Corp of Engineers (Jurisdictional ; [] U S) Sea lavender ti. monium ;h : I. , ,>,., ,,. ,,,,d v, S,,n, , , � s;:..I wetlands) (CJI Saw grass ICladiurn jamaicense) LJ iSA) Salt marsh cordgrass (Spartrna ❑ (SY) Salt reed grass (Spartma altemiflora) cynosuroides) :. j (DS) Salt or spike grass (Dlstichhs E] (SC) Du rush or three square (Scirpus ❑ (TY) Cattail (Typha so,) i,picma) sp.) ](JR)Black needlerush Juncus ( - S- � {SPi SalUrneadow grass (Sganina -- roemerianus) patens) APPLICATION FEE ' ,• F� IIItA) Private w/ D&F up ro 1 acre 3490 :' Q Ill(D) Priv public or comm wl D&F to .-. • +. , ,i 5250 e 3490 can't be applied - $400 ..V ition to a CAMA Major X I Any development involving D&F of $25U �, fie than 1 acre - $475 13j Public or commercial w/ D&F to 1 :, n- Express Permit - $2000 ,490 can be applied - S400 (Major cieve. opment extension reques! - : il. Public or commercial/no dredge '.. $100 :,ndlor fill - S400 :. ? ❑ I Private no dredge andlor fill- $250 _ [j III(C) Priv public or comm .4vfD&F to 1 acre, 349t7 :an be applied. DCM needs DWO r ; -ment - $400 Date. 1 25-17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number '.. Choose Choose Dimension 1 1. Dimension 2 Dimension 3 Dimension 4 :. One One Y 7, v _ nrt [3Y tsN t' , Mart ID Y Nx:vr V,r t. , 1 Reprece Repiace_. C3 Y N ,v Replace Y ❑ N New Wrr`, Replace ., Ma,nt Ej Y El N New Won [j '�. Replace . Ma,nt ❑ u Y Q 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. So. Fl. TOTAL Feet FINAL Feet :(-.v ,.. uei. _. D,Pn, .... DISTURB TYPE U:stwbance total ; i:tu`baoce Habitat Name includes any . n dudes any . >„ Choose One ,a, p• r. o-� anhcipeted 5toratian. r r +r:ir rt r..h ra��u� �,ur Ill restoratror or 1: d or temp xa ion r tprit + p"i, terP mr"Actsl „ mpacts r amOLPt .Dredge C,t F111, Both ❑ Other l._1 Butn L Other ,.j Both ❑ Other ❑ .:,e jJ Fd? ❑ Both ❑ Other n c Fill Ll Both p Other [ '.7 Both D Other El [� Both ❑ Other 0 919,733.2293 % 1-888.4FWOAST revised: 10 12.06 MAJOR PERMIT FEE SCHEDULE E2 L6/ -/ 4- /9 L/ DCM % DWQ % Development Ta Fee1(14300160143510009316266253)2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C. r D below ap lies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3900 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 900 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 900 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 RECEIVED JUN 12 2017 OCM- MHD CITY 0 From: Bennett, Ronda Sent: Wednesday, February 01, 2017 6:32 AM To: Simpson, Shaun <shaun.simpson@ncdenr.gov> Subject: RE: Major Mod 91-14 Ck no. 47820 for $475.00. Rec'd 12-22-16. Written by LMG, Inc. Ronda C. Bennett Department of Environmental Quality Office Manager Bennett, Ronda 808-2808 ExL 206work Division of Coastal Management i Commerce Avenue rehead City, North Carolina 28557 From: Simpson, Shaun Sent: Tuesday, January 31, 2017 5:05 PM To: Bennett, Ronda <ronda.bennett@ncdenr.gov> Subject: Major Mod 91-14 Hey Ronda, We received a Major app for the Village of Bald Head Island / Frying Pan Shoals Beach Nourishment Project. Tara says the check was deposited in MHC. Can you please send me a cc of the deposit sheet? The cc of the check is undecipherable, so I can't tell the amount or check number. Thanks, Shaun Shaun Simpson Permit Support & Customer Service NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7226 Shaun. SimasonOncdenr. aov RECEIVED JUN 12 2017 DCM- MHD CITY