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HomeMy WebLinkAbout80-16 Village of Bald Head IslandPermit Class ,, t NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 80-16 Issued to Village of Bald Head Island, c/o Chris McCall, PO Box 3009, Bald Head Island, NC 28461 Authorizing development in Brunswick County at adjacent to Cape Fear River, in the Village of Bald Head Island, as requested in the permittee's application dated 4/25/16, including attached drawings (4), 1-3 of 4 dated 3/1/16 and 4 of 4 dated revised 4/18/16. ,This permit, issued on July 7, 2016 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Offshore Riurap Breakwaters 1) In order to protect juvenile shrimp and finfish populations, no in water work shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) The four offshore riprap breakwaters shall be positioned no more than 130 feet waterward of the mean high water level contour and shall be positioned as indicated on the attached workplan drawings. .. 3) Breakwaters authorized under this permit shall be allowed only in waters that average less than five x feet in depth along the proposed alignment as measured from the mean low water level contour. ( (See attached sheets for Additional Conditions) F L ` This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department ;personnel when the project is inspected for compliance. :;Any maintenance work or project modification not covered S -; hereunder requires further Division approval. s All work must cease when the permit expires on December 31, 2019 } .,.-In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal .Management Program. "a474 ���Ii� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Fvi llage of Bald Head Island ` Permit No. 80-16 Page 2 of 4 ADDITIONAL CONDITIONS 4) The height'of the permitted offshore riprap breakwater shall not exceed five feet above mean high water water level 5) No backftll of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. 6) Perpendicular sections, return walls or sections which would enclose estuarine waters or public trust areas shall not be allowed under this permit. 7) The permittee shall maintain the breakwater in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structure shall be removed within 90 days of notification from the Division of Coastal Management. US Army Cora of Engineers Conditions 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at littp://www.fws.gov/nees/i-nanimal/inanatee guidelines ndf. 9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, at a minimum, breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above mean high water level. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 10) The "Bald Head Shoal Channel Range Front Light" (LLNR 30330) at approximate position Latitude 35' 52'45"N Longitude 78°00'04"W is in the vicinity of the proposed construction site. This is a critical range which cannot be block or obstructed for all mariners entering into the Port of Wilmington. The ' Coast Guard must also have access to this range all times in case the aid needs to be worked on. Access r to this range shall not be obstructed or blocked. 11) If Federal Aids to Navigation (ATON) other than the "Bald Head Shoal Channel Range Front Light" do need to be relocated or temporarily removed in the channel for this operation. At least 30 days' notice is required by the Coast Guard to accomplish any ATON movements. The request can be sent to the Coast Guard District Five Office at: USCG District Five (DPW) 431 Crawford Street Portsmouth, VA 23704 Or email: CGD5Waterways a,uscg.mil FVillage d Bead Island 4 Permit No. 80-16 Page 3 of 4 ADDITIONAL CONDITIONS 12) The applicant must provide the following at least 10 days prior to operations commencing: Information requested: Any dredging or other operational activity that impacts the safe navigation on federal waterways. A. Dates (inclusive) of operation. B. Hours of operation (24 hours/daylight hours only). C. Names of the involved vessel(s). D. Working and standby frequencies. E. Specific location (mile marker/channel). F. Any specific instructions/concerns that would be pertinent to the mariner. (NOTE: We can only provide information. We urge the mariner to adhere to the requested actions.) Please send information to: USCG Sector NC Waterways Div 721 Medical Center Drive Wilmington, NC 28401 Or email: NCmarhieevents@usc�4.mil 13).," The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 14) Approval of the structures is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not a be construed, as relieving the permittee of taking proper steps to insure the structure will not be damaged iby wave wash or vessel traffic. 15) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a i spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. # 16) If the permittee discovers any previously unknown historic or archeological remains while ! accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. E" - y: Vihage of Bald Head Island t Permit No. 80-16 Page 4 of 4 ADDITIONAL CONDITIONS %1,7) ' The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. General 1,18)� The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 19) No excavation or filling of any vegetated wetlands is authorized by this permit. 20)„ This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 21); This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public V. interest. x 22) The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to ¢, prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. -NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 198000291 and assigned SAW 2016-00589. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 20160499. .NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. ,yam` DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (check all that apply) New Major Mod_ Permit #_ Minor Mod_ Renewal_ Transfer_ Permit Coordinator:_ �OAI(S Field .ate Time Message -Wcot 1 to Caw U.w1c f-o r C&AA� - IV",, reed gutw l ccrL2 -o )lct ccauj OV4, fly C4vv vvu,+v+ GS ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT PROJECT NARRATIVE Applicant: Village of Bald Head Island, N.C. Activity: Construction of four (4) detached low -profile rock breakwaters Agent: Erik J. Olsen, P.E.; Olsen Associates, Inc. Village Rep: Chris McCall, Village Manager Location: The project site is the 1,400 ft. of Cape Fear River facing shoreline located immediately northward of the stabilized entrance channel leading to the Bald Head Island Marina. The adjacent upland property (Row -Boat -Row) is presently fully developed with single family residences. Between the platted single family residence (SFR) lots and the MHW is a vegetated dune line and sandy beach. Buried in the landwardmost portion of the dune is a timber bulkhead built several decades ago at the inception of Bald Head Island's development. The subject shorefront is classified by the N.C. Department of Environmental Quality (DEQ) as an "Estuarine Shoreline". RECEIVED Purpose and Need: MAY 19 2016 DCM- MHD CITY The purpose of the proposed project is to address chronic erosion along the Row -Boat - Row Estuarine shoreline and to protect single-family residences, public infrastructure, beach/dune resources and associated habitat. The primary objective of the project is to structurally reduce shore normal directed wave energy and to complement an existing groinfield so as to reduce sand losses from the Row -Boat - Row shoreline — thereby reducing the need for high frequency sand placement. Conversely, it is highly desirable that the proposed solution be consonant with the Village's Beach Management RECEIVED (Rev3) DCM WILMINGTON, NC APR 252016 � 5 ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT Plan such that it addresses the synergistic precepts of both its Ocean and Estuarine shorelines in an environmentally sensitive and cost-effective manner. Previous Activities: In 1986, the island development company — Bald Head Island Ltd. — permitted and subsequently constructed a field of four (4) timber groins along the Row -Boat -Row 1,400 ft. of shorefront located northward of the entrance to the Bald Head Island Marina. Over the next 25 years, the four structures were repaired by Ltd. on an as -needed basis. The primary cause of long term timber groin degradation was marine borers. In 2011, the Village of Bald Head Island permitted and subsequently replaced the seawardmost segment of each of the four (4) groins. Materials used for construction included vinyl sheet pile and PVC coated timber walers and piles. Permit Conditions (CAMA 2-95) necessitated that the groin elevations, lengths and locations remain unchanged. As originally designed, the groins are relatively low in elevation and spaced at greater than desired distances apart. Their resultant shore stabilization benefits are therefore limited. The two marina entrance channel jetties located to the south of the Row -Boat -Row shorefront were originally constructed by Ltd, at lengths which over time failed to effectively control shoaling due to northerly directed littoral transport along West Beach. As a result, high frequency maintenance dredging of the navigation channel had been required in order to provide reasonably reliable ferry and barge access between the mainland and the island. To complement this activity, "advance dredging" of the shorefront immediately southward of the south jetty was likewise performed on a high frequency basis in an attempt to create a "sink" intended to intercept sand before it shoaled the channel. Recent records indicate that the construction of such a sand sink (and actual channel maintenance dredging) were performed on essentially a monthly basis during a six year period. The average monthly volume dredged was almost 1,500 cy per event. All sand dredged was placed on (i.e. or bypassed to) the Row -Boat -Row shorefront. This resulted in a relatively stable beach and dune system at that location through RECEWED MAY 19 2016 RECEIVED DCM WILMINGTON, NC (Rev 3) DCM- MHD CITY APR 2 5 2016 if ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT 2014. The Village's monitoring photography documents that on many occasions in the recent past the subject groinfield was completely buried by excess disposal material. In 2015, the Village of Bald Head Island formally assumed various marina entrance channel and shorefront maintenance responsibilities from the development company. In consideration of the undesirable frequency of channel dredging operations necessary to achieve safe and reliable public transport to and from the island, the Village both permitted (CAMA 208- 86) and constructed rock jetty extensions at the ends of the two pre-existing marina entrance channel structures. The purpose of the extended jetties was to reduce chronic channel shoaling, as well as potential temporary closures associated with extreme storm events. Jetty extensions had been permitted for this purpose in the past by the development company — but were never constructed. The Village sponsored jetty extension project was completed in early 2015. Subsequently, the entrance channel has to this date not required maintenance dredging. As a result, the Row -Boat -Row shorefront — no longer the recipient of high frequency (but indirectly beneficial) sand disposal from either the channel and/or West Beach — has suffered erosion to the point that portions of the previously stabilized dune line and beach have become highly recessional. For example, between April 2015 and April 2016, it is estimated that the groinfield lost sand at an estimated rate of 10,000 cy/yr., or more. Although the Village is planning to "bypass" a limited quantity of sand from West Beach once or twice a year, it is clear that the low profile Row -Boat -Raw groinfield is not capable of providing an acceptable level of shoreline stabilization at that location — given a greatly reduced frequency of sand disposal operations. In order to seek a reasonable balance between sand bypass activities and the protection of upland development, as well as to reduce the continuing chronic loss of beach and dune resources, additional stabilization measures or remedial actions are required seaward of, or along the Row - Boat -Row shorefront. 3 RECEIVED MAY 19 2016 DCM- NMHD CITY (Rev 3) RECEIVED DCM WILMINGTON, NC APR 252016 ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT Alternate Actions Considered: The alternate actions presently available to the Village of Bald Head Island relative to the future conditions of the Row -Boat -Row shorefront can be summarized as follows: 1. No Action — Essentially the Village would only bypass small quantities of sand from the marina entrance at times when channel maintenance was required. The documented performance of the 2015 jetty extensions intimate that such volumes may be negligible in the near future. As a result, both the beach and existing duneline would be expected to continue to recede. The net result will be beach and dune resource impacts as well as a significant loss of storm protection and increase vulnerability of the existing riverfront line of construction located along Row -Boat -Row. RECEIVED 2. Modification of the Existin¢ Groinfield — To raise the elevation of the existing fourr�4)1 9 2016 low profile groins would necessitate both a CAMA Major Permit and thejr�romRletcrl.!D CITY replacement. The groins were last upgraded in 2012 and are presently in excellent condition. Moreover, simply raising the groins would not provide suitable stabilization subsequent to a companion beach fill at that location. Much of the wave energy experienced along the project site occurs in a shore -normal direction. As a result, shore perpendicular structures are not highly effective in reducing sand losses — much of which given the proximity of very strong tidal currents — occurs back to the Cape Fear River. Modifying the existing groins through the addition of rock T-heads, could result in a stabilized shorefront with a beneficial equilibrated configuration after a companion beach fill. Maintenance requirements along the residual shorefront would be minimal — and therefore conducive to a greatly reduced sand bypass operation — as currently being experienced. Neither T's nor L's added to the end of the groins within the Estuarine Zone are allowable however, under current State regulations. Hence, this option is not viable without a Variance from the CRC. 3. Increased Sand Bypass Operations — Increased sand bypass volumes at the existing marina entrance channel would necessitate high frequency "borrowing" of sand from the 4 (Rev 3) RECEIVED DCM WILMINGTON, NC APR 2 5 2016 ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT West Beach shoreline immediately south of the southerly rock jetty extension constructed in 2015. Presently, no sand is available from channel shoaling. To meet the recently experienced erosional needs of Row -Boat -Row, it is anticipated that sand bypass operations may need to occur every 60-days, moI (6 times per year). The continuation of this process would adversely impact other portions of West Beach to the south which are currently erosional and in need of a Winter of 2016 sand fill project. Additionally, the occurrence of high frequency fills along the Row -Boat -Row shoreline is not conducive to innertidal beach benthic recovery — and from an environmental impact perspective alone is therefore not a normally preferred alternative shore stabilization action. 4. Construction of a Rock Revetment — Armoring of the subject shoreline so as to protect upland development is an option available within the Estuarine Zone. Given the nature of the wave and storm energies the site experiences, a suitably designed rock revetment is feasible. The construction of such a stabilization structure would result in the eventual loss of any natural beach or dune formation, as well as related habitats, along the 1,400 ft shoreline under consideration. The "hardening" of this shorefront is not a preferred solution of the Applicant, given the opportunity to maintain a beach/dune system through the utilization of a more appropriate structural alternative — without sacrificing the protection of existing upland development. 5. Placement of Four (4) Detached Breakwaters — Similar to T-head groins, the placement of low profile detached rock groins along the affected shorefront can result in a beneficially equilibrated configuration — subsequent to a companion beach fill — which would be expected to require very little future maintenance. The net result desired, which includes both a sandy beach and stabilized dune formation, can be achieved through the designed placement of four small breakwaters between the existing low profile groins (unmodified from their current design). The use of such structures — in the manner proposed — is not prohibited within the Estuarine Zone. Rather, it is addressed as a feasible "engineered" solution. RECEIVED 5 MAY 19 2016 (Rev 3) DGW M4W61TY DCM WILMINGTON, NC APR 252016 C5 ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT Preferred Alternative - Detached Breakwaters: Since a principal source of erosional stress along the Row -Boat -Row shorefront is wind and vessel induced wave activity, multiple shore parallel structures are warranted. Modifying the four (4) existing groins by increasing their elevation would not be highly successful in solving ongoing erosion, since much of the vessel related wave energy occurs in a shore -normal direction. Furthermore, the addition of T-heads to the existing low profile groins is prohibited by regulation. Hence, several breakwaters capable of reducing (or intercepting) direct wave impacts are proposed. More specifically, the proposed plan is to construct four (4) detached low -profile rock breakwaters — each approximately 90 ft. in length along its crest (114 ft. overall including end slopes). Each detached breakwater would be constructed between two existing structures and sited below the MHWL in approximately 2 to 5 ft of water (MLW datum). As such, their deployment would not constitute a hardened shoreline. Each breakwater will be constructed on an underlayment which is a composite geogrid and filter fabric product manufactured by TENSAR (ref. Product No. GC654050). This unique underlayment serves to distribute loads, reduce settlement into soft sands and prevent scour by currents and waves. The underlayment is placed directly on grade, upon which rock is placed (see Permit Sheet 4 of 4). The underlayment will normally extend beyond the toe of rock by 2 to 3 ft. The predicted area of underlayment required for each breakwater is 3,100 sq. ft., mol. The strategic placement of breakwaters would initially combine the attributes of each of the two types of stabilization structure so as to reduce the rate of sediment transport from the eroding shoreline. Eventually, it is predicted that after detached breakwater construction and sand placement, the existing groins will again become essentially quasi -buried and therefore only partially active. This will maximize benefits to the beach/dune system and at the same time greatly reduce the frequency of dredging operations associated with discrete Sand Bypass events intended solely to benefit the R-B-R shoreline. As such, the detached breakwater project is consonant with the Village's Beach Management Plan which addresses both its Ocean and RECEIVED MAY 19 2016 RECEIVED ("") DCM WILMINGTON, NC DCM- MHD CITY APR 2 5 2016 ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT Estuarine (River facing) shorelines. A fundamental precept of that Plan is to enhance and protect beach and dune resources, in both an environmentally and cost-effective manner. As such, the detached breakwater project would reduce the future frequency of dredging operations and at the same time protect existing development located upland of an enhanced beach/dune system. The rock utilized to construct the breakwaters will create and maintain varying types of diverse shallow water habitat along the Estuarine shoreline. The subject shore stabilization project (detached breakwaters and existing groinfield) will need to have a design sand fill and be allowed to come to a designed equilibrium condition. Sand placement is not requested under this Application. Rather, the Village can place sand along the Row -Boat -Row shorefront under the authority of two (2) existing permits, i.e. CAMA-208- 86 (Sand Bypass across the marina entrance from West Beach) and CAMA-139-10, sand excavated from an existing Bald Head Creek ebb tidal platform borrow site. Pragmatically, sand volumes available under the Bypass permit are small in magnitude, i.e. 2,000-4,000 cy per event. Conversely, sand volumes from the Bald Head Creek borrow site can be on the order of magnitude of 100,000 cy, mol (as required). The design sand volume required to fill the subject Row -Boat -Shoreline after breakwater installation is unknown at present. It will depend upon beach conditions at the time, but could approach 15-25,000 cy. The current Plan is to episodically place Bypass sand along the Row - Boat -Row shoreline to attempt to "hold -the -line" until permits are acquired for the detached breakwater project discussed herein. Subsequently, a sand placement project will be implemented that in all probability will address sand requirements at both Row -Boat -Row and West Beach (also addressed by Permit 139-10). Such a larger project constructed by dredge is most cost effective if combined. Note — It is presently anticipated that West Beach sand placement may need to occur during the Winter of 2016-17 due to ongoing erosion at that location. This could affect the timing of sand placement at Row -Boat -Row which is dependent upon the timing of permit issuance. RECEIVED MAY 19 2016 DCM- MHD CITY RECEIVED (Rev3) DCM WILMINGTON, NC APR 2 5 2016 if ATTACHMENT A CAMA MAJOR PERMIT DETACHED BREAKWATER PROJECT It is believed that the Applicant's preferred alternative — detached breakwaters — represents the least environmentally damaging practicable solution to the erosion problem under consideration along the Row -Boat -Row shorefront. It is likewise consonant with the Village's Beach Management Plan. Relationship To Federal Navigation Channel: The proposed detached breakwaters would be located in -2 to -5 ft MLW water depths. The authorized depth of the federal navigation channel seaward of the structures is -44 ft MLW. The congressionally authorized channel is some 1,500 ft or more westward of the proposed structures. Hence, there are no predicted adverse impacts to the Wilmington Harbor Navigation Project associated with the proposed activity. Since a portion of the Row -Boat -Row ongoing shorefront sand losses occur directly to the Cape Fear River, the proposed detached breakwater project can be considered to be net beneficial to the federal navigation channel. RECEIVED MAY 19 2016 DCM- NMHD CITY s (Rev 3) RECEIVED DCM WILMINGTON, NC APR 252016 190 NF4 APPLICATION for Major Development Permit (we ravlwd 7sr27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant Landowner Information Business Name Olsen Associates, Inc. Project Name (If applicable) Detached Breakwater Project Applicant 1: Find Name Chris MI Last Name McCall Applicant 2: First Name MI Last Name nadditional applicants, please attach an addtbM page(s) wdh names listed. Mailing Address Village of Bald Head Island PO Box 3009 city Bald Head Island state N.C. ZIP 28461 Country U.S. Phan No. 910 _ 457 _ 9100 Bxt, 1003 FAX No. 910 _457 _ 6206 Street Address (ildifferent from above) city State ZIP Email =ccallovbhi.org 2. AgentlContractor Information Business Name RnECEIM Olsen Associates, Inc. Agent/ Contractor 1: First Name MI Last Name 2016 Erik J. Olsen Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 2618 Herschel Street Jacksonville FL ZIP Phone No. 1 Phone No. 2 32204 904 _ 387_ 6114 ex[. 321 - ext. FAX No. Contractor N 904-384-7863 Street Address (if ifft ant /roar above) City Stele ZIP Email <Form continues on back> DCM WILMINGTON, NC APR 2 5 2016 Form DCM MP-1 (Page 2 of4) APPLICATION for Major Development Permit 3. Project Loeadon - County (can be rm") Street Address State Rd. # Brunswick N/A Subdivision Name City State Zip Row Boat Row Village of Bald Head Isld. N.C. 28461- Ph one No. Lot No.(s) (d many, attach additional page with list) 910 _457 _ 9700 aid 1003 1 1 1 N/A a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Cape Fear River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. PgNatural ❑Manmade []Unknown Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. VBHI 4. Site Descitption a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1,400 N/A c. Size of individual lot(s) N/A d. Approximate elevation of tract above NHW (normal high "104 or NM (normal water level) (Hmany lot sizes, please attach additional page with a list) +1 oft ❑NHW or ®NWL e. Vegetation on had Upland vegetated dune includes salt tolerant vegetation -- primarily Sea Oats. No aquatic species or wetlands are present. f. Man-made features and uses now on tract Four low profile groins, last reconstructed in 2012. Subject shoreline receives episodic placement of sand (from channel maintenance and sand bypass operations). g. Identify and describe the existing land uses adiacenl to the proposed project site. Upland land uses are SFR. Adjacent to the subject shoreline (to the south) is the entrance channel to the BHI Marina. The subject shoreline has historically received episodic beach disposal. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? NA - Shorefront (Attach zoning compliance certificate, if applicable) OYes []No ®NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No it. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes []No ®NA MAY If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a Oyes ❑No ®NA DOW- National Register listed or eligible property? EIVE 9 2016 HD CI <Form continues on next page> RECEIVED DCM WILMINGTON, NC APR 2 5 2016 �r Form DCM MP-1 (Page 3 of 4) APPLICATION for m. p) Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (III) If yes to either (i) or (ti) above, has a delineation been conducted? (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. p. Describe existing stone water management or treatment systems. N/A Major Development Permit ❑Yes ®No ❑Yes ®No ❑Yea ®No 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Govemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The four (4) rock detached breakwaters will serve to address chronic shoreline erosion along the Row Boat Row shoreline. Four (4) existing low profile groins at that location do not adequately provide for satisfactory erosion control. 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. Construction will consist of rock placement from a barge. Rocks will be placed by a crane or suitable equipped excavator from the deck of the barge. d. List all development activities you propose. The construction of four (4) detached rock breakwaters with composite geo-grid underlayment. 6. Are the proposed activities maintenance of an existing project, new work, or both? New work. I. What is the approximate total disturbed land area resulting from the proposed pmji . 3A ❑SQ.Fl or des g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No ❑NA that the public has established use oft h. Describe location and type of existing and proposed discharges to waters of the state. Rock and underlayment placement (only) below the li -- seaward of a sandy shoreline. I. Will wastewater or stormwater be discharged into a wetland? Dyes ®No ❑NA RECEIJ If yes, will this discharged water be of the same salinity as the receiving water? Dye: [:]No []NA MAY 19 2 I. Is mere any mitigation proposed? ❑Yes ❑No ®NA If yes, attach a mitigation proposal. QCM- Ili <Form continues on back> RECEIVED DCM WILMINGTON, NC ,Dp =D 6 CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, d appficable, must be submitted in order for the application package to be complete. Items (a) — (n 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. See Attachment A b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. Attached - four (4) Sheets c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. Attached d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. NA a. The appropriate application fee. Check or money order made payable to DENR. $400 - Fee enclosed 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 See Attached Plane No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates CAMA 208-86; SAW-1987-0057; VBHI; Dec 14/Jan 15 CAMA 139-10; SAW-2009-02334; VBHI; Dec 2015 h. Signed consultant or agent authorization form, if applicable. Agent authorization attached. I. Wetland delineation, if necessary. NA I. A signed AEC hazard notice for pmjects in oceanfront and inlet areas. (Must be signed by property owner) NA k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), B 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. ENCL. 1 7. Certification and Permission to Enter on Land I 1 understand that any permit issued in response to this application will allow only the development (Jesonbed in trio 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 fad grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. RECEIVED E I V E D Date zs 4r4) toll. PnntName +�1� Ulse A��� fSGIi V LJ Signature �iTV MAY 19 2016 ` DCM- IVIHD CITY Please indicate application attachments pertaining to your propti ed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development ©DCM MP-4 Structures Information ❑DCM MP-5 Bridges and Culverts RECEIVED 0CM WILMINGTON, NC APR 2 5 2016 Cy Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL stabilization Length _ 114' Each Width 27' Each Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ®This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No ❑NA III) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (it) Describe the purpose of disposal in these areas: d. High -ground excavation in cubic yards. ®This section not applkeble b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? [-]Yes ❑No [-]NA (ii) If yes, where? RECEIVED I. (I) Does the disposal include any area in the water? []Yes []No ❑NA MAY 19 2016 (ll) If yes, how much water area is affected? RECEIVED DCM WILMINGTON, NC APR 2 5 2016 Form DCM MP-2 it - - - ".g¢ 2 of 2) �S 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 — Structures) a. I yes of snomine stabilization: D. Length: 114 - Each ❑Bulkhead ❑Riprep ®Breakwater/Sill ❑Other: Width: 27' c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: too, 130- e. Type of stabilization material: Granite armor rock and underlavment g. Number of square feet of fill to be placed below water level. h. Bulkhead backfill _ Riprap Breakwater/$Ilf 13,400 Other _ I. Source of fill material. Upland quarry; typically at Raleigh, N.C. (i) Has there been shoreline erosion during preceding 12 months? ®Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. 10.000 Cv. mol. Type of fill material. N/A 4. OTHER FILL ACTIVITIES [I This section not applicable (Excluding Shoreline Stabilization) a. It) Will fill material be brouoht to the site? ❑Yea ❑No ❑NA b. (i) Will fill material be placed in coastal wet ands/mareh (CW), If yes, (n) Amount of material to be placed in the water TBD (iii) Dimensions of fill area N/A (iv) Purpose of fill See Project Narrative - Under separate Permit/ Authorization submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ©None (ii) Describe the purpose of the fill in these areas: 15. GENERAL a. How will excavated or fill material be kept on site and erosion It. What type of construction equipment will be used (e.g.. dragline, controlled? backhoe, or hydraulic dredge)? Fill consists of large granite armor rock By crane from a barge. forming a large stable mass (breakwater) c. (i) Will nevi ational aids be required as a result of the project? ❑Yes ANo ❑NA (ii) If yes, explain what type and how they will be implemented. Date 26, A e. ,f 2u it Project Name VBHI - Detached Breakwater Project d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ❑No ®NA (h) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Sandy shoreline. No wetlands involved. F%�UZIVED Applicant Name DCM- MHD CITY Village of Bald Head Island _ DCM Wl"GTON, NC . _ ;eiwsed: 42,2606 Form DCM MP-1 STRUCTURES (Construction within Public Trust Areas) 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment ❑Private/Communily ®This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO c. (i) Dock(s) and/or piers) d. (i) Are Finger Pier; included? ❑Yes ONO (if) Number If yes: (iii) Length (ii) Number (iv) Width (iii) Length (v) Floating ❑Yes ❑No (iv) Width (v) Floating ❑Yes ONO e. (i) Are Platforms included? ❑Yes ONO I. (i) Are Boatlifts included? ❑Yes ❑No If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ONO Note: Roofed areas are calculated from dripline dimensions. g. (I) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat remp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ❑Open water, no dredging required ❑Other, please describe: k. Typical boat length: m. (i) Will the facility have tie pilings? Oyes ONO (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). HEGEIVED MAY 19 2016 DCM- MHD CITY I. (i) Will the facilittyy be open to the general public? ❑Yes ❑No RECEIVED DCM WILMINGTON, NC APR 2 5 2016 r=rived '2�2?"d,'> cs F orm DCM MP-4 (Str.,cture,, Page 2 of a: 2. DOCKING FACILITY/MARINA OPERATIONS ®This ascillmTrot applicable a. Check each of the following sanitary facilities that will be included in the proposed project ❑ Office Toilets ❑ Toilets for patrons; Number. _; Location: ❑ Showers ❑ Boatholding tank pumpout, Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of'No Sewage Discharge' signs proposed. (ii) Give the location and number of "Purrpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the manna policy on overnight and live -aboard dockage? Jr. Describe design mamma tilel promote boat basin flushing? MAY 19 2016 I. If this project is an expansion of an existing marina, what types of services am currently provided? UCM- MHD CITY WP:r�ED DCM WILMINGTON, NC APR 2 5 2016 Fcr*n 6CNI VP m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes []No n. Is the marina/clocking facility proposed within or adjacent to any shellfish harvesting area? []Yes ❑No a. Is the marina/docking facility proposed within or adjacent to coastal wetimeslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marinaldodking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (indfx8ng covered lifts) ®This section not applicable a. (I) Is the boathouse structure(s): []Commercial ❑PublWGovemment ❑PrivatetCommunity (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpfle, etc. Ha rock gran, use MP-Z Excavation and Flo.) ®This section not applicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheisode, etc.) ❑This section not applicable a. Length 4@114b. Average distance from NHW, NWL, or wetlands 100' c. Maximum distance beyond NHW. NWL or wetlands 130' 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the sbuebire(s): ❑Commercial ❑PublidGovemment ❑Pnvate/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) .�EIVED M- MHD CITY RECEIVED DCM WILMINGTON, NC APR 2 5 2016 Form DCM MP-4 t.Stru( (ures. Page a of a; CS 7. GENERAL a. Proximity of structures) to adjacent riparian property lines N/A - Beach owned by Village. Note: For buoy ornoaing P*V. use arc of swing including Length Of vessel. c. Wldlh of water body 1.5 mi. e. (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. b. Proximity of strucWre(s) to adjacent docking facilities. N/A d. Water depth at waterward end of structure at NLW or NWL -2 ft. MLW 8. OTHER ❑ This section not applicable a. Give complete description: Project consists of four (4) detached rock breakwaters with underlayment to be constructed below the MHWL(as of Dec 15). All work will be performed from the deck of a barge. The purpose of the project is shore stabilization of an eroding shoreline adversely affected by both wind and vessel generated waves. The latter includes wave impacts resulting from high frequency barge and ferry transits through the adjacent navigational channel. Date as ;) zo)l Project Name VBHI - Detached Breakwater Project Applicant Name Village of Bald Head Island Applicant 8ipna(l�i _ /�1 , VwK:n O7se- RECEIVED MAY 19 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 2 5 2016 zwo AN sa cy'u� n . COLRFQS OEN, q.V uNE 7*60l POA �G. 90 6]SB /+psnpNAl ®�i 1♦ i 47 ®pfa. II p SItl6 l y () I iif a 2p $$1 1 -f•1+ ✓ii•n• E Inl 6iic r APPLICANT: ','p ,41,; I A VILLAGE OF BALD HEAD ISLAND \ "`i•• a" + C nl piR••� a ft ENGINEER: OLSEN ASSOCIATES, INC. -CA" ✓ d" IC f 1 : 21 AGENT: fN a r- s F1 •� , , ERIK I.OLSEN, P.E. , r, I e sssmr / Ipi YtlTw BALD HEAD ISLAND nx. Bdd Mi"d ) / 12A si ONSLOYV a or m ATLmncoCFAAI sr - aa a: /: • a b T d ' ,AW}IIW PAN SHOALS) DATUM: MLLW __ �/ - / E.,• •� ki 'T /� NTS ti O LI CAPE HATTERAS CAPE LOOKOUT RECEIVED NTIC OCEW 19 2 16 BRUNSWICK COUNTY, N.C. CAPE FEAR CAN 1... ACM- M ........ " CITY NOT FOR PURPOSE OF CONSTRUCTION • I - Olsen —<s: aszoc ates.inc. VILLAGE OF BALD HEAD ISLAND wlE wrl'Rob KIN 03/01/2016 AWN SY: '"`-_�' 2618 Herschel Street DETACHED BREAKWATER PROJECT , I '' ML _y , _ Jacksonville, FL. 32204 (904) 387-6114 .d SHEET C-1468 CT PROJESITE 1 of 4 _ D DCM WILMINGTON, NC APR 252016 rdr. T m r$ O m O g ,, g H231iy�m0� i<ogorm(pp6 EFN yNO'T�OppI ppZ �0013O mn1< c�Zv C� m p_pm�ImlImomm S R�D ZA> mo w o z 0 m a SCALE %77 0 150 300 FEET NOT FOR PURPOSES OF CONSTRUCTION 6WF;.Q o I s e n asodafes, Inc. 2618 Nead,el Streel Jaclaornie, FL 32204 IBM(9041387-6114 C-1468 S VILLAGE OF BALD HEAD ISLAND DETACHED BREAKWATER PROJECT f� PROJECT Lo�T� E ik" 9 MAY 19 2016 DCW PIHD CITY e f 1/4 03/01/2016 vm sr. ML SHEET RECEIVED DCM WILMINGTON, NC APR 252016 DC,M- MHD CITY C DCM WILMINGTON, NC APR 2 5 2016 2-3FT (TYP) B A � — — — — _— -- DETACHED I BREAKWATER c I A CREST— i � rL ROCK SLOPE stor[ ----- I----- = 27' ROcxzs 5) T€ TOE OF T I I6 %ROCK SLOPEI I Ii tom- 12,1 11Y. PLAN UNDERLAYMENTJ (COMPOSITE GEOGRID) NTS F12, _� _ 90' (TYP) — _ -- 12' —CREST � +4' -------I---- �J SIDE 2 ARMOR ROCK(W/CHINKING) SLOPE \ Z +2.51 (MHW) r 1 RocXs (Hrs) 4- \1 -2' (AV) - ELEV.��jj -TOE OF ROCK SLOPE UNDERLAYMENT \� 0NGVD VARIES _ - _-L81(ML� YV SEABED ATTIME OF— VERTICAL EXAGGERATION 3:1 CONSTRUCTION ELEVATIONS VARY AT EACH SITE (FROM -4.5' TO 0.0 - DEC 2015) SEESHEET3 SECTION A -A NOT SEABED ELEV. VARIES (-V to -45) 1T—�Q UNDERLAYMENT T-5' 27' —f CREST (+4') — — Y 9-MHW (+2.51') 1 SECTION B-B LOW PROFILE BREAKWATER NTS Tidal DatNmsfor Bald Head Island, North Carolina DNS^ -NGVD 29 Mean Higher High Water (MHHW) +2.82 Mean High Water(MHW) +2.51 NAVD 1988 +1.10 Mean Tide Level (MTL) +0.35 NGVD 1929 0.00 Mean Low Water (MLW) Mean Lower Low Water (MULW) VILLAGE OF BALD HEAD IS c DETACHED BREAKWATER PRNtC c DESIGN DETAILS MAY 19 NTS - NOT TO SCALE 03/01/2016 ML SHEEF OECEJED DCM WILMINGTON, NC' DCM- nfHD CITY APR 2 5 2016 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: July 19, 2016 Action ID No. SAW-2016-00589 Mr. Chris McCall Village of Bald Head Island Post Office 3009 Bald Head Island, North Carolina 28461 Dear Mr. McCall: Reference your application for a Department of the Army permit to construct four (4) offshore riprap breakwater structures, approximately 27 feet wide by 114 feet in length at the base, 3-5 feet wide at the top and 90 feet in length at the top. The project is located in the Cape Fear River, along the shorefront of Row Boat Row Bald Head Island, in Brunswick County, North Carolina. Coordinates in Decimal Degrees ate: 33.879403 N and-78.000633 W. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, yow:may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, and the final approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2016. Al10 CHw -Woa WeggW a3AI3038 -2- Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Branch, telephone 910-251-4170. Sincerely, Tyler Crumbley Regulatory Project Manager Enclosures: Federal Special Conditions CAMA permit GP 291 conditions Copies Furnished (with enclosures): Mr. Erik Olsen Olsen Associates, Inc. 2681 Herschel Street Jacksonville, Florida 32204 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 -3- Ms. Debra Wilson North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Wilmington, North Carolina 28405 Ms. Karen Higgins North Carolina Department of Environmental Quality Division of Water Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr. Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Heather Coats North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Wilmington, North Carolina 28405 Mr. Chad Coburn North Carolina Department of Environmental Quality Division of Water Resources 127 Cardinal Drive Wilmington, North Carolina 28405 RECEIVED JUL 2 2 2016 DCM- MHD CITY 13 Special Conditions SAW-2015-02235 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc- es/mammal/manatee guidelines.pd£ 2. In order to protect juvenile fmfish resources, no excavation or filling activities will be permitted between the dates of April 1st and September 30th of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 3. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910)772-2191. 5. The "Bald Head Shoal Channel Range Front Light" (LLNR 30330) at approximate position Latitude 350 52'45"N Longitude 78°00'04"W is in the vicinity of the proposed construction site. This is a critical range which cannot be block or obstructed for all mariners entering into the Port of Wilmington. The Coast Guard must also have access to this range all times in case the aid needs to be worked on. Access to this range shall not be obstructed or blocked. 6.If Federal Aids to Navigation (ATON) other than the "Bald Head Shoal Channel Range Front Light" do need to be relocated or temporarily removed in the channel for this operation. At least 30 days' notice is required by the Coast Guard to accomplish any ATON movements. The request can be sent to the Coast Guard District Five Office at: USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR EMAIL CGD5Waterways@uscg.mil RECEIVED JUL 2 2 20% DCM- MHD CITY -5- The applicant must provide the following at least 10 days prior to operations commencing: INFORMATION REQUESTED: ANY DREDGING OR OTHER OPERATIONAL ACTIVITY THAT IMPACTS THE SAFE NAVIGATION ON FEDERAL WATERWAYS. A. DATES (INCLUSIVE) OF OPERATION. B. HOURS OF OPERATION (24 HOURS/DAYLIGHT HOURS ONLY). C. NAMES OF THE INVOLVED VESSEL(S). D. WORKING AND STANDBY FREQUENCIES. E. SPECIFIC LOCATION (MILE MARKER/CHANNEL). F. ANY SPECIFIC INSTRUCTIONS OR CONCERNS THAT WOULD BE PERTINENT TO THE MARINER. (NOTE: WE CAN ONLY PROVIDE INFORMATION. WE URGE THE MARINER TO ADHERE TO THE REQUESTED ACTIONS.) PLEASE SEND INFORMATION TO: USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR EMAIL NCmarineevents@uscg.mil 7. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 9. Approval of the structures is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure will not be damaged by wave wash or vessel traffic. RECEIVED JUL 2 2 2016 DCM- MHD CITY to 10. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 11. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing oorr�}r6t'v ED JUG 2 2 Z016 DCM- MHD CITY -7- appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 19. The petmittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion :ofthe work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers:witthin 24 hours of the permittee's discovery of the violation. RECENED 3u_ 2 % ZA DCM_ WO CITY Permit Class NEW Permit Number 80-16 Issued to Authorizing development in STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for JUL 15 2016 MY", 'Wm. wl,el: rtdr _ X Major Development in an Area of Environmental Concern pursuant toNCGS 113A-118 RECEIVE X Excavation and/or filling pursuant to NCGS 113-229 JUL 2 2 2016 [lead Island, c/o Chris McCall, PO Box 3009, Bald Head Islas W- IM C Brunswick County at adjacent to Cape Fear River, in the Village of 'Bald Head Island, as requested in the permittee's application dated 4/25/16, including attached drawings (4), 1-3 of 4 dated 3/1/16 and 4 of 4 dated revised 4/18/16. g This permit, issued on July 7, 2016 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may to lines, imprisonment or ctvu action; or may cause me permit to De nut ana voio. Offshore Riprap Breakwaters 1) In order to protect juvenile shrimp and finfish populations, no in water work shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) The four offshore riprap breakwaters shall be positioned no more than 130 feet waterward of the mean high water level contour and shall be positioned as indicated on the attached workplan drawings. 3) Breakwaters authorized under this permit shall be allowed only in waters that average less than five feet in depth along the proposed alignment as measured from the mean low water level contour. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2019 1 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chairman of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Village of Bald Head Island Permit No. 80-16 Page 2 of 4 ADDITIONAL CONDITIONS 4) The height of the permitted offshore riprap breakwater shall not exceed five feet above mean high water water level 5) No backfill of the breakwater or any other filling of wetlands, estuarine waters, public trust areas or high ground is authorized by this permit. 6) Perpendicular sections, return walls or sections which would enclose estuarine waters or public trust areas shall not be allowed under this permit. 7) The permittee shall maintain the breakwater in good condition and in conformance with the terms and conditions of this permit or the remaining breakwater structure shall be removed within 90 days of notification from the Division of Coastal Management. US Army Corp of Engineers Conditions 8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nees/maninial/manateeguidelines.pdf 9) The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, at a minimum, breakwaters shall be marked at 50 foot intervals with yellow reflectors extending at least three feet above mean high water level. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 10) The "Bald Head Shoal Channel Range Front Light" (LLNR 30330) at approximate position Latitude 35' 52'45"N Longitude 78°00'04"W is in the vicinity of the proposed construction site. This is a critical range which cannot be block or obstructed for all mariners entering into the Port of Wilmington. The Coast Guard must also have access to this range all times in case the aid needs to be worked on. Access to this range shall not be obstructed or blocked. 11) If Federal Aids to Navigation (ATON) other than.the "Bald Head Shoal Channel Lange Front Light" do need to be relocated or temporarily removed in the channel for this operation. At least 30 days' notice is required by the Coast Guard to accomplish any ATON movements. The request can be sent to the Coast Guard District Five Office at: USCG District Five (DPW) 431 Crawford Street Portsmouth, VA 23704 Or email: CGD5WaterMys@.uscg.mil RECEIVED JUL 2 2 2016 DCM- MHD CITY Village of Bald Head Island Permit No. 80-16 Page 3 of 4 ADDITIONAL CONDITIONS 12) The applicant must provide the following at least 10 days prior to operations commencing: Information requested: Any dredging or other operational activity that impacts the safe navigation on federal waterways. A. Dates (inclusive) of operation. B. Hours of operation (24 hours/daylight hours only). C. Names of the involved vessel(s). D. Working and standby frequencies. E. Specific location (mile marker/channel). F. Any specific instructions/concerns that would be pertinent to the mariner. (NOTE: We can only provide information. We urge the mariner to adhere to the requested actions.) Please send information to: USCG Sector NC Waterways Div 721 Medical Center Drive Wilmington, NC 28401 Or email: NCnuirhieevents@,usc42.mil 13) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 14) Approval of the structures is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure will not be damaged by wave wash or vessel traffic. 15); All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 16) If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wihnington District Engineer who will initiate the required coordination procedures. RECEIVED JUL 2 2 2016 Village of Bald Head Island Permit No. 80-16 Page 4 of 4 ADDITIONAL CONDITIONS 17) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre - project condition. General 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 19) No excavation or filling of any vegetated wetlands is authorized by this permit. 20) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 21) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 22) The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the proposed project by way of General Permit 198000291 and assigned SAW 2016-00589. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 3900 and assigned the project DWR Project No. 20160499. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED JUL 2 2 2016 MHD CITY DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington'Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/WETLANDS/index.html General Permit No. 198000291 Name of Permittee: General Public Effective Date: January 1.2011 Expiration Date: December 31.2016 DEPARTMENT OF THE ARMY GENERAL PERMIT A general permit to do work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by District Engineer U.S. Army Engineer District, Wilmington . Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343: . TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER REGIONAL GENERAL PERMIT. Oneratine Procedures a. Applications for joint state and federal authorization under this programmatic. general permit will be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of a complete application by the NCDCM will initiate the State's field review that will include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will forward a copy of the complete application, its Field Investigation Report and its Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of the project. The Corps, upon receipt of an application, will immediately assign an action identification number, acknowledge receipt thereof, and examine the application to assure that it can be processed pursuant to this programmatic general permit. RECEIVED JUL 2 2 2016 DCM- MHD CITY The applicant and the NCDCM will be famished written notification of the Corps' determination. Notification to the applicant will include a brief description of the administrative process. b. For those proposals that may result in a discharge into waters of the United States, including wetlands, the North Carolina Division of Water Quality (NCDWQ) and the applicant will be informed regarding the applicant's need to obtain a Water Quality Certification in accordance with section 401 of the Clean Water Act. c. If, at any time, the Corps determines that a proposed activity is eligible for authorization under another regional general permit (RGP) or a nationwide permit (NWP), this procedure may be terminated and the activity authorized pursuant to the terms and conditions of the appropriate RGP or NWP. d. The permit review process conducted by the NCDCM is a public process involving publication of public notices in local newspapers, public hearings, and various public appeal procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed necessary for compliance with appropriate laws, regulation and guidance. e. This general permit does not, in any way, alter established procedures or responsibilities, as required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with respect to the Corps' coordination with appropriate review agencies. The applicant will continue to have the opportunity to rebut any objections to a proposal. f. The Corps will provide copies, of the application and plans, the NCDCM's Field Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS), the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency (EPA), and any other federal agency that the Corps determines to be a necessary review agency (collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies' review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to provide the Corps with their comments and recommendations, including any.proposed permit special conditions and recommendations of denial. The Corps may grant extensions of time for Federal Agency review if justified by unusual circumstances. If an extension is granted that would substantially delay an NCDCM decision, the application may be removed from this general permit process. g. The Corps will receive and review all Federal Agency comments as well as any applicant rebuttal. ProVided all Federal Agencies and the Corps are in agreement, the Corps will prepare a coordinated federal position incorporating all Federal Agency comments, including proposed permit special conditions and any recommendations for denial. The Corps will typically famish this coordinated federal position to the NCDCM within 45 days of its receipt of the complete application, and copies of the Field Investigation Report and Bio-Report. h. If the Corps does not concur with a Federal Agency's comments or recommendations, the Corps will contact the Federal Agency and advise it of the Corps' position. 2 RECEIVED JUL 2 2 2016 DCM- MHD CITY Attempts to resolve the issue may include initiating the referral procedures outlined by current memoranda of agreement (MOA's) between the Department of the Army and the agency. No coordinated federal position will he furnished to the NCDCM until and unless the Corps receives written agreement from the Federal Agency that all issues have been resolved to the satisfaction of that agency. i. If any of the recommendations and/or conditions included in the coordinated federal position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10) days of receipt of the coordinated federal position and attempt to resolve the conflict. If resolution of the conflict involves changes to the conditions or recommendations provided by the Federal Agencies, the provisions of paragraphs g. and h. (above) will, apply. If the conflict is resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit will be issued and the authority of this general permit will apply. j. If a Federal Agency conflict is not resolved within the time necessary for a decision by the NCDCM, the NCDCM may proceed, independently, to conclude the state action without inclusion of the federal position. In such case, the applicant and the NCDCM will be notified immediately, in writing, that the state permit does not satisfy the federal permit requirements and that the proposal in question may not proceed without federal authorization. k. If the coordinated federal position is not in conflict with state agencies' positions, law, regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the NCDCM fully incorporating the state and federal positions. The NCDCM will famish copies of the final permit to the applicant and the Corps. The NCDWQ will furnish a copy of the Section 401 Water Quality Certification; if required, to the applicant and the Corps. The Corps will not confirm the authorization of a proposed project under this General Permit until the issuance of the NCDCM permit and, if required, the Section 401 Water Quality Certification. 1.. If the NCDCM permit or Section 401 Water Quality Certification is denied, the applicant will be informed that federal authorization is denied without prejudice. in. No work may proceed under this general permit until the District Engineer or his representative provides written verification that the procedures and conditions of the general permit have been satisfied. n. The NCDCM and the Corps will monitor all permitted work and periodically inspect projects for compliance with permit conditions and applicable. state and federal regulations. If any violation of the NCDCM permit is discovered which would also constitute a violation of the federal position, both the NCDCM and the Corps, in accordance with their respective regulations and policies, may take enforcement action. RECEIVED JUL 2 2 2016 DCM- MHD CITY o. This general permit will not be used to authorize an activity when the District Engineer determines that the proposed activity would significantly affect the quality of the human environment and therefore require preparation of an Environmental hnpact Statement (EIS). General Conditions a. Except as authorized by this general permit or any USACE approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place, at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized. by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by. the North Carolina Division of Water Quality. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance, with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). c. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. f. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. RECEIVED 4 JUL 2 2 2016 DCM- MHD CITY g. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the affected water of the United States to its former conditions. IL The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. in. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Anny, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. n. This general permit does not authorize any activity which the District Engineer determines, after any necessary investigations, would adversely affect: 5RECEIVED jUL 2 2 2016 DCM- MHD CITY (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. I (2). Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. o. This general permit does not authorize any activity which will adversely affect any threatened or endangered species or a species proposed for such designation, or their designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531). Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices or at the following internet address: http://www.nenhp.org/Paizes/heritatzedata.html. or hlW://nc-es.fws.gov/es/es.html. Permittees should notify the Corps if any listed species or designated critical habitat might be affected by the proposed project and may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. . p. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. q. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. r. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. RECEIVED JUL 2 2 2016 DCM- MHD CITY s. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permits expiration, modification, or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit BY AUTHORITY OF THE SECRETARY OF THE ARMY: 4oloeorson M. s enel, U.S. Amny District Engineer REGE1vEo Jo- 2 2 Job DCM- MHO CXIY DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO AIR=ON OF: July 6, 2016 Regulatory Division Action ID No. SAW-2016-00589 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of the Village of Bald Head Island to construct four (4) breakwater structures within the Cape Fear River, along the shorefront of Row Boat Row Bald Head Island, in Brunswick County, North Carolina. Coordinates in Decimal Degrees are: 33.879403 N and-78.000633 W The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at b=://www.fws.gov/nc-es/mammal/manatee euidelines.pdf. 2. In order to protect juvenile finfish resources, no excavation or filling activities will be permitted between the dates of April 1st and September 30th of any year without the prior approval of the North Carolina Division of Coastal Management and the U.S. Army Corps of Engineers. 3. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. RECEIVED JUL 11 2016 DCM- MHD CITY -2- 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. The "Bald Head Shoal Channel Range Front Light" (LLNR 30330) at approximate position Latitude 35' 52'45"N Longitude 78°00'04"W is in the vicinity of the proposed construction site. This is a critical range which cannot be block or obstructed for all mariners entering into the Port of Wilmington. The Coast Guard must also have access to this range all times in case the aid needs to be worked on. Access to this range shall not be obstructed or blocked. 6. If Federal Aids to Navigation (ATON) other than the "Bald Head Shoal Channel Range Front Light" do need to be relocated or temporarily removed in the channel for this operation. At least 30 days' notice is required by the Coast Guard to accomplish any ATON movements. The request can be sent to the Coast Guard District Five Office at: USCG DISTRICT FIVE (DPW) 431 CRAWFORD STREET PORTSMOUTH, VA 23704 OR EMAIL CGDS Waterways@uscg.mil The applicant must provide the following at least 10 days prior to operations commencing: INFORMATION REQUESTED: ANY DREDGING OR OTHER OPERATIONAL ACTIVITY THAT IMPACTS THE SAFE NAVIGATION ON FEDERAL WATERWAYS. A. DATES (INCLUSIVE) OF OPERATION. B. HOURS OF OPERATION (24 HOURS/DAYLIGHT HOURS ONLY). C. NAMES OF THE INVOLVED VESSEL(S). D. WORKING AND STANDBY FREQUENCIES. E. SPECIFIC LOCATION (MILE MARKER/CHANNEL). F. ANY SPECIFIC INSTRUCTIONS OR CONCERNS THAT WOULD BE PERTINENT TO THE MARINER. (NOTE: WE CAN ONLY PROVIDE INFORMATION. WE URGE THE MARINER TO ADHERE TO THE REQUESTED ACTIONS.) RECEIVED PLEASE SEND INFORMATION TO: JUL 1 1 2016 DCM- MHD CITY ff9a USCG SECTOR NC WATERWAYS DIV 721 MEDICAL CENTER DRIVE WILMINGTON, NC 28401 OR EMAIL NCmarineevents@uscg.mil 7. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 8. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. 9. Approval of the structures is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure will not be damaged by wave wash or vessel traffic. 10. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 11. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. RECEIVED JUL 11 2016 DCM- MHD CITY In 13. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 14. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. 15. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 16. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 17. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 18. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. RECEIVED JUL 112016 DCM- MHD CITY -5- 19. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 20. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Tyler Crumbley, Wilmington Field Office, Regulatory Division, telephone (910) 251-4170. Sincerey.� Tyler Crumbley, Project Manager Wilmington Regulatory Field Office Copies Furnished: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 RECEIVED JUL 11 2016 DCM- MHD CITY sz Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Chad Coburn Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Debbie Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RECEIVED JUL 11 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY July 12, 2016 Village of Bald Head Island P.O. Box 3009 Bald Head Island, N.C. 28461 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. . From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, I/ A Douglas V. Hugge" ttt Major Permits Manager N.C. Division of Coastal Management Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T DCM Coordinator:_ f Permit #: MAILING DISTRIBUTION SHEET Permitee• VO Agents: f;�V Ol S-(A, 2-U19 tiersthe( Sr• . Ja(/KJMLA' lie, - L 3zzo DCM Field Offices C Vh ( C rl 11 6� Vh k I . 0 "9 Elizabeth City (with revised work plan drawings) Morehead City Washington Wilmingtol US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARD) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR 7_. Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:_ r DIVISION OF COASTAL MANAGEMENT �S FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Village of Bald Head Island 2. LOCATION OF PROJECT SITE: shoreline along Row Boat Row, adjacent to the Cape Fear River, in the Village of Bald Head Island, Brunswick County Photo Index- 2006: 11-6178 W, X-10, 11 2000: 11-104 A-13, 14 1995: 9-104 V, W, X-16, 17 State Plane Coordinates - X: 2303577.518 Y: 48633.391 Lat:33°52'45.90"N Long:77°59'59.90"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 04/26/16 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received—03/31/16, 04/25/16(complete) Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —Village of Bald Head Island Land Classification From LUP — No classification (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment:Existing — Municipal Planned - None (F) Type of Structures: Existing — Four (4) timber pile groins Planned —Four (4) shore parallel rock breakwaters (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh (B) Non -Vegetated Wetlands 13,400 sq. ft. Open Water (C) Other Uplands (D) Total Area Disturbed: 13,400 sq. ft. (0.30 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to protect the shoreline by constructing four (4) offshore riprap breakwaters. RECEIVED MAY 19 2016 DCM- MHD CITY VBHI- Offshore Breakwaters Page Two 9. PROJECT DESCRIPTION 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. The island's west beach is adjacent to the Cape Fear River Inlet and its northern side is bordered by Bald Head Creek and associated marshes. The project area consists of four (4) timber pile groins located adjacent to the Cape Fear River, between the entrance channel to Bald Head Island Marina and the mouth of Bald Head Creek, Near Row Boat Row. The shoreline frontage north of the marina entrance to the mouth of Bald Head Creek is approximately 2,000 feet. Single family residential home sites border the shoreline. Following the construction of Bald Head Island Marina in 1981, accelerated shoreline erosion began to occur on the north side of the marina entrance channel. The channel is protected by jetties which extended approximately 125 feet water ward of MHW. The jetties initially interrupted sand transport along the shoreline creating erosion on the downdrift side (north) and accretion on the updrift side (south) of the marina entrance channel. The rapid accumulation of sand resulted in severe shoaling in the channel. In 1986 the applicant's received authorization by CRC variance (CAMA Major Permit #206-86) to implement sand bypassing methodology to achieve a sand transport equilibrium on either side of the marina entrance. The sand bypassing project consists of dredging sand from the updrift side of the channel and depositing on the down drift side. A series of four (4) timber pile groins were constructed along the downdrift shoreline to trap the pumped sand. CAMA Major Permit #2-95 authorized the armoring the sides of the wooden groins, which were existing at the time. Permit #2-95 has received 5 renewals and most recently received a minor modification authorizing replacement of the four (4) timber groins and armor stone. The permit is due to expire on December 31, 2019. The existing marina entrance channel jetties were recently extended and armored with riprap which has reduced the sand bypass and the need for maintenance dredging of the entrance channel. The applicant has stated that as a result of the jetty extension the shoreline along Row Boat Row is no longer receiving high frequency beneficial sand disposal from dredging of the entrance channel and West Beach. Additionally, the shoreline is experiencing erosion and the shoreline has become unstable. According to the project narrative approximately 10,000 cubic yards of sand was lost between April 2015 and April 2016. The applicant has stated that the existing four (4) timber groins are not capable of providing an acceptable level of shoreline stabilization given the now reduced frequency of sand disposal operations. The permitted groins were approximately 250 feet in length and portions of the groin remain buried. The existing groins extend approximately 50-90 feet below MHW and the sides are armored with stone. Portions of the groin and stone are exposed at low tide. The waters of the Cape Fear River are classified SA by the Division of Water Resources and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. RECEIVED MAY 19 2016 DCM- IVMMHD CITY VBHI- Offshore Breakwaters Page Three 10. PROPOSED PROJECT: The applicant proposes to protect the shoreline by constructing four (4) offshore riprap breakwaters. The breakwaters would be installed to prevent erosion of the shoreline adjacent to the residences along Row Boat Row. The applicant has proposed installing breakwaters that would be approximately 27 feet wide by 114 feet in length at the base, 3-5 feet wide at the top and 90 feet in length. The proposed breakwaters would vary in height based on the river bed elevation (see sheet 4 of 4) and would be located in water depths ranging from -2 to -5 feet at MLW. As proposed, the breakwaters would be exposed during periods of low tide and high tide. Based on the submitted drawings, approximately 3-5 feet of the proposed breakwaters would be exposed above MHW during periods of high water. The applicant is proposing to install a composite geo-grid underlayment to support the structure. The proposed underlayment material would extend approximately 2-3 feet beyond the proposed breakwater and would be approximately 3,100 square feet in area per groin. As proposed, the breakwaters would be constructed at a 2:1 slope. The proposed breakwaters would be located, on average, 100 feet water ward of MHW and a maximum of 130 feet water ward of MHW nearest the marina entrance channel. As proposed the breakwaters would be located between the existing timber groins, oriented parallel to the shoreline and approximately 20-50 feet water ward of the existing groin ends. The proposed breakwaters would be located approximately 1,500 feet from the Wilmington Harbor Channel setback in this location. The applicant has stated the proposed breakwaters would be constructed from a floating barge mounted with a crane and materials would be obtained from an upland quarry. The applicant states the shorefront of Row Boat Row will need sand fill to come to a designed equilibrium condition. Sand placement is not proposed as part of this application. Sand placement along the shorefront of Row Boat Row is currently authorized by CAMA Major Permit #208-86 (sand bypass across the marina entrance from West Beach) and CAMA Major Permit #139-10 (sand excavated from the existing Bald Head Creek ebb tidal platform borrow site). The applicant has stated approximately 15-25,000 cubic yards of material would be placed along the shoreline depending on the conditions at the time and sand volume required for design equilibrium. Additionally, the sand placement would be initiated and consistent with the existing authorizations in place. 11. ANTICIPATED IMPACTS The proposed construction of four (4) offshore rip rap breakwaters would result in the filling of approximately 13,400 square feet of shallow bottom habitat in the Estuarine Waters and Public Trust Areas of Environmental Concern. Minor increases in turbidity can be expected during construction. No navigational aids or markers have been proposed, although it appears that portions of the structure will be submerged offshore. The offshore riprap breakwaters would provide habitat for some species of marine crustaceans. Submitted by: Holley Snider Date: May 16, 2016 Office: Wilmington RECEIVED MAY 19 2016 DCM- MHD CITY PAT MCCRORY Governor Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: TO: Maria Dunn NCWRC For WiRO DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Direclor FROM: Heather Coats, Assistant Major Permits Coordinator �.6L NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaa)-ncdenrgov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. JUL o s tots This agency has no comment on the proposed project. �� M- MHD CITY This agency approves of the project only if the recommende c anges are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE a-(0-201)C. TS�I �t vi SI �, )'2$ � ] DcM /INNDAA / 1,L5Ac£ , — Jwc + P11p.17 r1L� rvld_-1 r`J',t/j GV 1t0.. " � i�,J [ T✓ti R1—� ^ _J}DL ` R 1 ,, V .9Ke"- ( 4 {w oQe Imo: X CAM 1 Nothing Compares- "�� ` �` - Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910496-7215 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD C5 1) APPLICANT: Village of Bald Head Island PROJECT NAME: VBHI Breakwater Project COUNTY: Brunswick RN i l LOCATION OF PROJECT: shoreline along Row Boat Row, adjacent to the Cape Fear River, in the Village of Bald Head Island DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-25-16 FIELD RECOMMENDATION: Attached: No To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Holley Snider DISTRICT MANAGER REVIEW: .0 e— B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 5-19-16 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED O: C) 75 DAY DEADLINE: �I MAIL OUT DATE: 5-17-16 FEDERAL DUE DATE: To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE REC D: $4001 #2218 END OF NOTICE DATE: 6-9-16 DEED REC'D: ON: 1 150 DAY DEADLINE: STATE DUE DATE: 6-9-16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative (pl(o I l[ Coastal Management - LUP Consistency ' a ce Division of Community Assistance *(Ivie �( 4 D� Land Quality Section (DEMLR) 04 * r, d— Division of Water Resources (401) Storm Water Management (DEMLR) 01piediov, State Property Office s (q + Division of Archives & History Division of Environmental Health Cj 3t 1p X Vl 0 LOw�W�2� Division of Highways /li'A4 Wildlife Resources Commission N r f u X �A 0 W Local Permit Office m Orb) ec,� ftv 19 Division of Marine Fisheries / DCM f eq WQAm Corps of Engineers it �lYEEI 191+ U4�lt A M /3i/Q X m objcltioh Recommendations for State Permit- VBHI Breakwaters CS It is the opinion of this office that the proposed project to construct four (4) offshore rip rap breakwaters for shoreline protection appears to be consistent with the Use Standards for Public Trust Areas in 07H .0207 & 07H .0208, the Use Standards for Coastal Shorelines in 07H.0209. The proposed four (4) offshore rip rap breakwaters for shoreline protection would be located on average 100 feet water ward of the MHW based on the existing shoreline configuration at the time of this request. The shoreline configuration can vary based the existing authorizations (CAMA Major permit #208-86 and CAMA Major Permit #139-10) to place sand along Row Boat Row. The sand placement will likely shift the MHW boundary water ward thus creating the potential for the breakwaters to be located in proximity to the public beach. The applicant has not described in detail the "sand volume for design equilibrium" and consideration should be given to the amount of sand placed in the near shore area adjacent to the proposed groins. Additionally, the near shore sand placement may potentially cover the proposed groins. It is recommended that the groins be marked with navigation aids and/or notice to swimmers and boaters of the location of the proposed structures. The proposed length, width and offshore location of the proposed breakwaters will result in the filling of approximately 13, 400 square feet of Estuarine and Public Trust Areas AECs and the potential usurpation of approximately 145,000 square feet of the same AECs based on the proposed location and configuration of the existing timber groins. Additionally, the potential for sand placement to result in the groins being located in more shallow depths, it is recommended that the size of the proposed structures be reduced. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued including standard conditions for breakwaters: NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, —Village of Bald Head Island, Brunswick County Date: July 7, 2016 This project is consistent and not in conflict with the Village of Bald Head Island Land Use Plan Update. The applicant is proposing to construct four (4) offshore riprap breakwaters adjacent to the Cape Fear River. The project is located in the Village of Bald Head Island in Brunswick County. Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PTA. Waters in the area are classified as SA. The area is not open to the harvesting of shellfish and is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Bald Head Island Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, Bald Head Island allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The Village of Bald Head Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the Village of Bald Head Island Land Use Plan Cc: File Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: PAT MCCRORY Govemnr DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director TO: Mark Zeigler WiRO Division of Community Assistance FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenraov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / D & F Application Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: SIGNED A This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 1 A �, �j I"� DATE Nothing Compares Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 910-796-7215 S'1f5(I(0, Received MAY 18 2016 ACM PAT MCCRORY Cs Governor ]'d Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: TO: Dan Sams District Manager DEMLR - WiRO DONALD R. VAN DER VAART secretary =cEIve MAY 17 1016 BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrgov Fax: 395-3964 (Courier 04-10-33) SUBJECT: CAMA /D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4— This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED DCM WILMINGTON, NC MAY 2 0 2016 Nothing Compares�.� State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 PAT MCCRORY Governor -J Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: TO: FR M: t SUBJECT: Applicant: Project Location: ECOVE MAY 17 2016 BY:----- Georgette Scott Stormwater Section DEMLR - WiRO DONALD R. VAN DER VAART Secretary BRAXTON DAVIS UirecYor OJ �T N �c�'zs ts, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(aD-ncdenr.aov Fax: 395-3964 (Courier 04-16-33) CAMA / D & F Application Review Village of Bald Head Island shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Q� This agency objects to the project for reasons described in the attached comments. SIGNED �/�/ Ste_ DATE �d (S h� �Nothfng Compares. RECEIVED DCM WILMINGTON, NC MAY 2 6 2016 RECEIVED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ez1., Wilmington, NC 28405 910-796-7215 MAY 31 2016 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY �7 Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dimcmr May 17, 2016 RECEIVED MEMORANDUM: MAY 2 4 2016 TO: Tim Walton DOA Dept of Administration STATE PROPERTY State Property Office OFFICE FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(oD-ncdenrpov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA / D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore hiorap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ,01" 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 hy+1 Q.TaM> ) DATE 1AJig C)j� RECEIVED JUL 05 2016 DCMWt_IA1NGTON•I�� DCM- MHD CITY JUN 13 2016 Nothing Compares% State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director TO: Shannon Jenkins NC DMF Shellfish Sanitation Section COVRXN 1` Sft-;,�5 FROM: HeatheF-Goats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats0).ncdenr.Qov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAY 31 2016 This agency has no comment on the proposed project. DCM- MHD CITY' This agency approves of the project only if the recommended changes are incorporated. See attached. agency objects to the project for reasons described in the attached comments. SIGNED DATE S 2. S I b Z S�dt4"0L-i J ^S Received MAY 2 5 10t Nothing Compares�- State ofNoNl Carolina I Environmemal Quality [ Coastal Management DC M 127 Cardinal Drive EA., Wilmington, NC 28405 910-796-7215 LYE PAT MCCRORY Governor RECEIVED DONALD R. VAN DER VAART MAY 2 4 2016 Secwtary BRAXTON DAMS Coastal Management NC DOT ENVIRONMENTAL QUALITY DISTRICT 3 May 17, 2016 MEMORANDUM: TO: Ben Hughes NC DOT Brunswick County IfCw a T7,42y S AS FROM: k- ats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)ncdenroov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: K This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Y, DATE �v RECEIVED JUN 06 2016 RECEIVED DCM WILMINGTON, NC rict:7., "i't.3 CITY MAY 2 7 2016 �Nothtng Compares State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 910-796-7215 Spears, Courtney From: Dunn, Maria T. Sent: Thursday, July 07, 2016 3:30 PM To: Spears, Courtney Subject: RE: FBHI Breakwater I placed them in the mail yesterday, essentially "no comment". Sorry. Maria T. Dunn Coastal Coordinator NC Wildlife Resources Commission 943 Washington Sq, Mall Washington, NC 27889 office:252-948-3916 fax:252-975-3716 www.ncwildlife.org Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Thursday, July 07, 2016 10:42 AM To: Dunn, Maria T. <maria.dunn@ncwildlife.org> Subject: VBHI Breakwaters Hey Maria, Doug and I are probably going to review our draft permit for the Village of Bald Head Island's proposed offshore breakwaters today or tomorrow. Our 75 day deadline is on the Sit'. Will WRC be submitting comments? Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 office cou rtney. spears((Dncden r. gov 400 Commerce Avenue Morehead City, NC 28557 PAT MCCRORY o.+emnr C. DONALD R. VAN DER VAART Sec2I ry BRAXTON DAVIS Coastal Management D,i ,wr ENVIRONMENTAL OUALITY May 17, 2016 MEMORANDUM: TO: Chris McCall LPO Brunswick County ( of vZTT- SI26-W-5 FROM: HeathepGoets, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a)-ncdenr.gov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA/D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 44 - DATE zS "Ay loft RECEIVE -Received MAY 31 Z016 DCM- MHD !/'Nothing Compares71, Sue o(Nonh Camliu i rmimnmenlal QOlity'�.. C=WI M=9cmenl 127 Cenlmal Dnvc lat , W ilminEt., NC 2E705 910-796.7215 MAY 2 5 2016 DCM Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT MCCRORY Governor DONALD R. VAN DER VAART sec _y BRAXTON DAVIS Dlreumr Gregg Bodnar Fisheries Resource Specialist DCM, Morehead City & r. 4 Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive.Ext. Wilm. NC 26405 heather. coats(ZDncdenr.aov Fax: 395-3964 (Cou�ri 04-16-33. CAMA/D & FApplication Review Village of Bald Head Island shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore nprap breakwaters to protect the shoreline Please indicate below oy ur agency's position or viewpoint on the proposed project and etum form this foto Heather Coats the address above by June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is. requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED vo_DATE RECEIVED MAY 19 2016 DCM- MFID CITY Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Dan Ext., Wilmington, NC 28405. 910-796-7215 C5 ~ PAT MCCRORY Govemor DONALD R. VAN DER VAART ra Secretary BRAXTON DAVIS Coastal Management of eeror ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Gregg Bodnar, DCM Fisheries Resource Specialist SUBJECT: VBHI (Offshore Breakwaters) i DATE: 6/1/2016 ANorth.Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats,, The applicant proposes to. construct four rip rap' breakwaters offshore of four armored timber pile groins near Bald Head Island Marina. The surrounding waters are classified as able to support'shellfish.(SA) and are closed to shellfish harvest. Since. the construction of the Bald Head Island Marina in 1981;.the surrounding shoreline has been in fluxvith continual need for intervention.Jetties were constructed to protect the;marina entrance channef,.whichinterrupted sand transport that resulted in severe shoaling along the updrift sideof the . jetties and within the channel. in 1986 sand bypass methodology was authorized through variance to move sand that was accumulating on the updrift side and.place it on the downdrift side to compensate for the associated accelerated erosion. Four timber pile groins were then constructed to trap the.bypan sand. These:four groins Were armored with stone in 1995. Recently the entrance channel:jetties were extended and armored, and as a result sand bypass is minimal and the shoreline is consequently experiencing erosion. The applicant states thatthe existing timber groins are no longer capable of providing acceptable shoreline protection. Therefore, the applicant proposes to coristruct four rip rap breakwaters between the existing armored groins, approximately 20-50ft waterward of the groin ends. Dimensions of the breakwaters are 27ft wide x 114ft long at the base, 3-5ft wide x 90ft long at the top. Based on drawings the breakwaters would be exposed approximately 3-5ft above. mean high.water (MHVU).. Sand 'placement will still be required and.is currently,authoriied under CAMA permits.g208-86' and #13940 In general;.there issignificant concern that shoreline armoring brings about the need. for additional shoreline armoring: As detailed above there has been a history of the need to construct additional structures to alleviate impacts that have occurred due to the previous structure(s). In this case.as well, there is,significant concern that these. structures.will only being.aboutthe need for additional structures. .. m tiie futurq-to compensate. In addition, with. every additional structure:shallow.bottom tidal habitat.is' lost: Tidal flats'are inhabited by many species that are, prey for larger -marine predators: Tidal flats, are utilized by anad,romous, estuarine and marineapecies, such as:cowa; red drum; gag . grouper, king mackerel; shrimp,:flounder and Atlantic sharpnose sharks (USF.WS 2002). These: species utilize the tidal flats forrefuge, corridors, and nursery.and spawning.purposes (Deaton . ..et al.-201% There is concern that -the addition of shore parallel hardened structures' in, close . Nothing Cornpares�..` .. .. - -.. State dNorth Cmolma I ERviroRmeRtal Qwlityl CoaWMauagem-t. ..400 Commute Ave.l Morehead City: Natlh Cmolme]8557- :. 252-808-2808' . .. :. . -4 Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY "' cowmor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director proximity to the shore perpendicular armored groins would remove from the system, the entire shallow bottom tidal habitat corralled by these structures. If the project is authorized, a moratorium on in water work from 1 April to 30 September is recommended to reduce the negative effects on critical fish life history activities, to include spawning migrations and nursery functions. Contact Gregg Bodnar at (2S2) 808-2808 ext. 213 or gregg.bodnarOncdenr.gov with further questions or concerns. Deaton, A.S., W.S. Chappell, K. Hart, J. O'Neal, B. Boutin. 2010. North Carolina Coastal Habitat Protection Plan. North Carolina Department of Environment and Natural Resources. Division of Marine Fisheries, NC. 639 pp. USFWS (U. S. Fish and Wildlife Service. 2002. Draft Fish and Wildlife Coordination Act Report Bogue Banks Shore Protection Project, Carteret County, North Carolina. Nothing Compares State of North Carolina I Environmental Quality I Coaatd Management 400 Commerce Ave I Morehead City, North Carolina 28557 252-808-2808 e t,a Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: TO: Heidi Cox Environmental Engineer Public Water Supply PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary �CC�f�OVV d MAY 1 7 9016 Division or wa[er [resources NiRO - Puhrrc Water SuoDly BRAXTON DAVIS Director FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(c>7ncdenr.yov Fax: 395-3964 (Courier 04-16-33) SUBJECT: CAMA /D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline 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 June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: —4— This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED blf� lQQ�J, DATE RECEIVED DCM WILrANGTCN. Nc Nothing Compares�.� MAY 31 2016 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-7%-7215 0 C4 e 2 UPLY , r>nrrso� n Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Action ID: SAW-2016-00589 Waterway: Cape Fear River County: Brunswick Work Type: Breakwater installation Mr. Ken Riley National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 May 31, 2016 Applicant: Village of Bald Head Island BOSN3/Mr. Scott McAloon United States Coast Guard Sector NC Waterways Management 2301 East Fort Macon Road Atlantic Beach, North Carolina 28512 Ms. Debbie Wilson Division of Coastal Management North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett North Carolina Department of Environmental Quality Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 MN Ladies and Gentlemen: Pursuant to the CAMA-Corps Programmatic Permit process, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before July 1st, 2016. Questions or comments may be addressed to the undersigned at (910) 251-4170. Sincerely, ;' �� /�• IT — Tyler Crumbley, Regulatory Project Manager Wilmington Regulatory Field Office PC Spears, Courtney From: Coats, Heather Sent: Thursday, June 23, 2016 426 PM To: Spears, Courtney Subject: FW: CAMA GP 291 SAW-2016-00589 / VBHI Row Boat Row Breakwaters / Brunswick County Attachments: Rowboat Row Breakwaters.kmz; Final-CAMA Application and Plans.pdf; Update -narrative and plans.pdf, Revised CAMA Application.pdfi ePN_2016-00589_VBHI Breakwaters Row Boat Row-signed.pdf Here's another one Heather Coats Assistant Major Permits Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather.coats@ncdenr.gov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Crumbley, Tyler SAW [mailto:Tyler.Crumbley@usace.army.mil] Sent: Tuesday, May 31, 2016 12:53 PM To: Michael.A.Davis@uscg.mi1; Huggett, Doug <doug.huggett@ncdenr.gov>; kathryn_matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Tiffany.A.Johnson@uscg.mil; bowers.todd@epa.gov; evelynn.b.samms@uscg.mil; Wilson, Debra <debra,wilson@ncdenr.gov>; John <john_ellis@fws.gov>; Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov>; Owens, Jennifer L SAW <Jennifer.L.Owens@usace.army.mil>; Scott.D.McAloon@uscg.mil; Derek.J.Burrill@uscg.mil; Coats, Heather <heather.coats@ncdenr.gov>; ken.riley@noaa.gov; Horton, James T SAW <James.T.Horton@usace.army.mil>; Arnette, Justin R SAW <Justin.R.Arnette@usace.army.mil>; Hutchings, Shay P MST1 <Shay.P.Hutchings@uscg.mil>; Coburn, Chad <chad.coburn@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov> Cc: Beter, Dale E SAW <Dale.E.Beter@usace.army.mil>; Hair, Sarah E SAW <Sarah.E.Hair@usace.army.mil>; Crumbley, Tyler SAW <Tyler.Crumbley@usace.army.mil> Subject: CAMA GP 291 SAW-2016-00589 / VBHI Row Boat Row Breakwaters / Brunswick County All, M Pursuant to the CAMA-Corps Programmatic Permit process, the North Carolina Division of Coastal Management (NCDCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by July 1st, 2016 The applicant proposes to construct four (4) offshore riprap breakwaters. The breakwaters would be approximately 27 feet wide by 114 feet in length at the base, 3-5 feet wide at the top and 90 feet in length at the top. The total fill impacts to waters of the U.S. would be (3,078 ftA2 at the base). The proposed breakwaters would be located in water depths ranging from -2 to -5 feet at MLW. As proposed, the breakwaters would be exposed during periods of low tide and high tide. Based on the submitted drawings, approximately 3-5 feet of the proposed breakwaters would be exposed above MHW during periods of high water. *The original proposal consisted of attaching the breakwaters to the existing groin structures thereby creating T-Head groins. Through consultation with the DCM and the USACE, the applicant has subsequently altered the original plans to locate breakwaters between the groins and allow for additional aquatic passage and flushing along the shoreline, while still attenuating some of the wave energy. No beach fill is proposed with this construction plan. The proposed expansion project is located in the Cape Fear River, along the shorefront of Row Boat Row Bald Head Island, in Brunswick County, North Carolina. Coordinates in Decimal Degrees are: 33.879403 N and-78.000633 W. Additionally, a Google Earth .kmz file is attached for reference. Please see the attached field investigation report /application for more detailed information concerning the proposed project. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Impacts are expected to be minimal due to the location of the project in open water and the existing wave action, no coastal wetlands will be impacted, and the waters within the project area are not designated as PNA. SAV is not present due to the high energy of the system. The Corps has reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps has determined that the project will affect, but not likely adversely affect the following species: West Indian Manatee, Green Sea Turtle, and Loggerhead Sea Turtle. These not likely determinations are based upon the temporary sedimentation effects of construction and no beach work (sand placement is not requested with this project) within the project area. The structures themselves will remain an impact to species, due to species navigation around the proposed structures and the temporary sedimentation impacts associated with construction and permanent loss of river bed. These impacts are considered to be minimal and will not likely adversely affect the current existence of species or their habitats. The project will not affect any other species listed as threatened or endangered or their critical habitat formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the project area. Pursuant to Section 106 of the National Historic Preservation Act (NHPA) of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties, nor properties'eligible for inclusion in the National Register, are present within the Corps' permit area: therefore, there will be no historic properties affected. Please contact me if you have any questions and please provide comments as soon as you can, or by July 1st, 2016. Thank you, E Tyler Crumbley Regulatory Project Manager U.S Army Corps of Engineers -Wilmington District 69 Darlington Avenue Wilmington, NC 28403 Phone: 910-251-4170 Fax:910-251-4025 email: tyler.crumbley@usace.army.mil ' "The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at: http://regulatory.usacesurvey.com/" KI Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 PAT MCCRORY Gnvumnr DONALD R. VAN DER VAART .A'ecrcmry BRAXTON DAVIS Drr«trrr Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Village of Bald Head Island Zachary Salmon Kyle & Heather: Please publish the attached Notice in the Thursday, May.19, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (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: Heather Coats - WiRO Doug Haggett -MHC Tyler Crumbley — USACE Sarah Young- DCM Sincerely, 'f zef; �- ' / Shaun K. Simpson Permitting Support & Customer Assistance Nothing Compares �� _ RECEIVED MAY 19 2016 DCM- IVMHD CITY State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wihningtou, NC 28405 910-796-7215 6 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 applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On April 25, 2016, the Village of Bald Head Island proposed to construct./bur (4) offshore riprap breakwaters along the shoreline at Row Boat Row, adjacent to the Cape Fear River, in Brunswick County; and on May 17, 2016, Zachary Salmon proposed to reconfigure an existing road within Cedar Point Subdivision (Lots 18 - 20), adjacent to Topsail Sound, in Surf City, Pender County. The applications can be examined or copied at the office of Holley Snider (VBHI) or Debbie Wilson (Salmon), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 June 9, 2016 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 MAY 19 2016 %NothingCompares� ` DCM- MHD �`v State of Nwh Carolina I Envimnm nental Quality I Coastal Management I 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo in Brunswick County: • Village of Bald Head Island • Zachary Salmon PAT MCCRORY V Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Dimcnir Kyle & Heather: Please publish the attached Notice in the Thursday, May 19, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (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: Heather Coats - WiRO Doug Huggett -MHC Tyler Crumbley — USACE Sarah Young- DCM Sincerely, Shaun K. Simpson Permitting Support & Customer Assistance Nothing Compares-, State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 RECEIVED MAY 19 2016 DCM- MHD CITY 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 applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA in Brunswick County: On April 25, 2016, the Village of Bald Head Island proposed to construct four (4) offshore riprap breakwaters along the shoreline at Row Boat Row, adjacent to the Cape Fear River, and on May 17, 2016, Zachary Salmon proposed to reconfigure an existing road within Cedar Point Subdivision (Lots 18 - 20), adjacent to Topsail Sound, in Surf City. The applications can be examined or copied at the office of Holley Snider (VBHI) or Debbie Wilson (Salmon), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) 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 June 9, 2016 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 Nothing Compares�.� MAY 19 2016 State of North Carolina I Environmental Quality I Coaetal Management D C M- IVND D CITY 127 Cvdinal IAiw Ext., Wilmington, NC 29405 910-796-7215 Coastal Management ENVIRONMENTAL OUALITV May 16, 2016 Erik Olsen Olsen Associates, Inc. 2618 Herschel Street Jacksonville, Fl- 32204 Dear Mr. Olsen: PAT MCCRORY Govemor DONALD R. VAN DER VAART swNmr BRAXTON DAVIS Dwdor The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your client's property located along the shorefront of Row Boat Row, adjacent to the Cape Fear River, in the Village of Bald Head Island, in Brunswick County. It was received complete on April 25, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 9, 2016. 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 April 25, 2016, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si erely, �J olley Snider Coastal Management Representative Enclosure cc: Doug Huggett, DCM Heather Coats, DCM Tyler Crumbley, ACOE Debra Wilson, DCM Chris McCall, Manager VBHI Nothing Compare' State of North Carolina I Envaomnental Quality I Coastal Management 127 Cardinal Drive Est., Wilmington, NC 28405 910-796-7215 RECEIVED MAY 19 2016 DCM- MHD CITY n K 2 n NOTI(01$1074 imp • . -.. _ APPLICANT: Village of Bald Head Island ,APO Box 3009 n Bald Head Island, NC 28461 m o Agent: Eric Olsen (904-387-6114 u FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management �t 127 Cardinal Dr. Extension Wilmington, NC 28405 Holley Snider, Field Representative 910-796-7270 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: Mailing address: Phone Number: VIL-LA66 of gAtO HrgO 1514M0 PO. 60X 3o09 641-0 h 1L'90 IS44N0 14G tg461 4)10 - 'f87- 1700 I certify that I have authorized EPu k °496N✓ 0 LStFN s /155064-1VS Agent / Contractor to act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of OErgcNEo 3aegKw1trg1? Srdv6ruars AS 005/61VrD 1N 77fff SITE PI-101 87 OLSEN > g55oG1Arj S at my property located at in Sgvnr5wlck POW BOAC' Row xMG1Q;1.1'Vg County. This certification is valid through (Property Owner Information) ^� 4�-� Signature G tFRlS MLGq-b` Print or Type Name �Nf7eR1M VILZASE N1gNA+6Y72. Title /2 F413 z016 Date OI10. yS7. 1700 Phone Number Email Address 12 FAF6 X017 Date RECEIVED MAY 19 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAR 11 9n1R �l�nn:w `()w,A, Lixi - t-k- YAK 20)6 � I fll�l I Adown IA&bm4 ON ' irM� � 2601RO51 SAYRE I ANDREW IR ETUX WENDY WILMOT PO BOX 3259 BALD HEAD ISLAND INC 2B461 26015DSS COSTA DANIEL L ET MARGARET 41 FISHER ST EAST PROVIDENCE RI 02914 2601BOB1 HENDRICKSON DENNIS I ET JEAN A 103 STANDING ROCK RD CHAPEL HILL INC 27516 260111052 TURKS HEAD LLC 2266 W LANE AVENUE COLUMBUS OH 43221 2601B070 206 ROW BOAT ROW LLC 44653RD STREET NW HICKORY INC 28601 2601BO71 WRAY DAVID B PO BOX 2164 BLOWING ROCK INC 28605 2601BO72 COWHER WILLIAM L ETALS TRUSTEES SUITE 700-N 7950 JONES BRANCH DR MCLEAN VA 22107 2601BO77 DAVID G PHIWP ET ANN 921 INLET VIEW DRIVE WILMINGTON NC 28409 26018046 BURTON LAMES G AND MELODE H 8519 DARGAN LANE WAXHAW NC 28173 26018045 SCHNOG ALFRED & ANITA M PO BOX 3305 BALD HEAD ISLAND INC 28461 2601B047 BURTON JAMES G ETALS 3203 BANYAN WAY WAXHAW INC 29173 2601B048 CRABTREE GLENN ET MARGARET 90 WHITE PINE DR MONTOURSVILLE PA 17754 2601BO49 JASKE JOHN B& PAMELA JASKE TRUSTEE 200195PRINGHILL LANE RAPIDAN VA 22733 26018050 BROWN KEVIN D ETUX AMY SENNS 1 MORNINGSIDE CIRCLE BRONXVILLE NY 10708 26018075 EBS HOLDINGS LLC PO BOX 595 WRIGHTSVILLE BCH INC 2B480 26038076 BONICA LAMES P ET PATRICIA L eia new euAI . PO BOX 3293 BALD HEAD ISLAND NC 28461 26018053 1ROW BOAT ROW LLC 621 SUGARBERRY ROAD CHAPEL HILL NC 27514 26025054 1 ROW BOAT ROW LLC 621 SUGARBERRY RD CHAPEL HILL NC 27524 2601B067 NORTON ALAN H ET LISA L 101 TURNBURY PLACE ELON NC 27244 2601B060 STEPHALS PROPERTIES LLC 1024 GLEN ANGUS DR BELAIR MD 21025 2602SO73 THOMAS PHILIP R ET LOAN H 1125 EAST MOREHEAD CHARLOTTE NC 29204 26018074 SCHLOSSER PAMELA R ETVIR THOMAS J 7883 ENCHANTED GR MONCLOVA OH 43542 2601B069 BLANTON ANTHONY ETUX 501 SAINT MARYS WALK ROCKY MOUNT INC 27804 26000005 BALD HEAD ISLAND UNITED LLC PO BOX 3059 BALD HEAD ISLAND NC 28461 v n 70 m n M m N ' -< _ 0 uJ z m _ v Com ^_ C o < C7 Q f;� 0 �S Certified Mail — Return Receipt Requested _ FKAM Pig — Date Name of Adjacent Riparian Property Owner Mailing Address City, State, Zip Dear <Name of Adjacent Riparian Property Owner(s)>: The Village of Bald Head Island is applying for a LAMA Major permit to construct four (4) detached rock breakwaters, to be located seaward of the Row -Boat -Row shoreline fronting the Cape Fear River in Brunswick County, N.C. The specifics of the proposed work are in the enclosed application forms and drawings. As an adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application, drawings and detailed narrative addressing justification. Should you have any objections to this proposal, please send your written comments to Ms. Debbie Wilson, NCDEQ-Wilmington District Office, 127 Cardinal Drive Ext., Wilmington, NC 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-457-9700, or e-mail meat cmcallCnlvillaaebhi.ora. Sincerely, Chris McCall, Village Manager Enclosures RECEIVED MAY 19 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 252016 (�7 Erik Olsen From: Chris McCall <cmccall@villagebhi.org> Sent: Tuesday, February 16, 2016 1:07 PM To: eolsen@olsen-associates.com Subject: R d Breakwater A - VBHI Items Attachments: _ 1 6 FEB 2016.xlsx Erik, Here is the adjacent riparian properties in excel (attached)... they are the parcels highlighted in the GIS aerial below (outlined in red)... note the large parcel at the end going around the back side is a large tract owned by BHI Limited... it is the remainder of what was once a single parcel that has been divided up throughout the years to create was is currently present. REC-1 t MAY 19 2016 DCM. MHD CITY )/2_ RECEIVED DCM WILMINGTON, NC APR 2 5 2016 M (Domestic Mail Only; No Insurance Coverage Providec Poi delivery Intoemellon visll uur websno of www.uePs.comn r` I .I rn y - •n poemve a 18 0 fyrlid Fee K O16bon�aflea ka i ll flnblcva Or"IY Foe � p lGkw•neM Rep�Ysd) 1-1 A 01 2010 aaalPwupee F•^. C HEN I[=DENNISJ A rlc10 N orPl7Borrb. CHAP 6 U.S. Postal Service , CERTIFIED MAIL,: RECEIPT (Domestic Afait Only: No Insmancc Coverage Provided) I or dalirOry In!crms'. wn vlsn wu wnbz'.Ie el www usus.com,: L) FIC1l OLn r c - In Pmteao s B o 0 Cerllaed Fee ' atF,m�!r.el"'"n.wllwF"i 2 �1f 0 For 20� o O IBaeaiarrwo�ABepuhed) rA COSTA DANIEL L .0 ET � PS a 41 FISHER ST --- EAST PROVIDENCE, RI02914 U.S. Postal Service.: CERTIFIED MAIL,.. RECEIPT (Domestic MAIL Only; No Insurance Coverage Pro vlc For dellvery Infrr .11111 wm,.... r-.e..."..... ...... __.__ C3 Pcsl go a LAPP qo - O�dl p Maw F. C3 p O Romm Reaepl Foo (EllmtrrmaeflpuMvdl ' "p h..� fla•vkLd oe6wy Re (Elldan1111en1 ne4nodl 1 2016 uJ ru ru Toml Pc:mp• • ` - BURTO f M G ANO M DE A s T rrq o M1 YnioiAy"i v 851 DD 'LANE arPOBw Nc uir.dorm. n WAXHAW, NC28273 GtH I It-ItU MAIL:.. RECEIPT (Dameelle Mall Only; No Insurance Coverage Provided) Fol tlel!verY Inlormelipn vtR our wabelle .'. T1w.: V K'�.J. LnLn Pae pe O C3 co er PR Oa-U6 c IFsna+bdl po C3HWdly .�. F- O (Ed.;::: rO pm g" C f TURKS H pv a ri o W°k��LA16' 2266 W LANEAVENUE r- WMBWNS i.1y 5yilq A4 COLUMBUS, OH 43221 Postal Service UU.S. CERTIFIED MAIL RECEIPT lDumesbe Afail Only: Na Insurance Cmeragc Previrl, In u- r• rn Ln O bWnd"a�an"e�P qd") It G (e.eso'u"'n.ear:a rq OTaal pa SAYREJ CERTIFIED MAIL... RECEIPT ti(Dorn*3I1cMjIOnjy;jVo Insurance .o Coverage • . m C3 CarlwM pp GXftd nt F;"ulwdoj /J Pasiiarh (Ermn.n"a � ;sal 2 01 2tli6 ru Taapr..r,..• I: N l rn Amy. 1 ROW BORO�K1�/ z o U;.:'S_ 621 SLRiARBERRY ROAD" I WA CHAPEL HILL, NC 27514 MAY 19 2016 RECEIVED DCM WILMINGTON, Nf DCM- MHD CITY APR 252016 C� U.S. Postal Service .r CERTIFIED MAIL. RECEIPT ;Domestic 6}all Only; No Insurance Coverage Provident Fcr doltVory Inrvrm o0an vrzrt der wp b1 to N . W aa.C7 M1I Ln . C3 a i "I O Cooled Fm G(Ed,lone,m,,,"`R HIGPO PR G O1 RevlepaolMM,yFm 2016 G (emMoawe n.dde.d) a Po4�a TaW a COWnHER WILL L Si � S111 S NLew— U.S. r-Ln lin vl,-�-ILy1AI E O postage $ / /I CmIWPm (f �pa� G �+atdramwry l as! a aloe \ O C3 zero ::44= R Q 1 zn1 GTdW Pmlr�•a c... at If 206 ROW d �AT 015WA / a IN 0C3 4465 3RD STAE PS r` arneo<r - iw', HICKORY, NC 28601 - Va—al a la ILY RIP (Domestic Mel/Only; Nr For delivery Information vl, m / C pIGrap� wa RoyLe�dp FW;aMedOaevdYPm )lymraa„pA Rawa,ae) Ln NToW Pdelmn A F.. t m 1-9 � rE r'' d a m BURTON)AI :r ULH I IFIED MAIL— RECEIF (Domestic MoU Only; No Insurance Covers) For Nllwrvinlnrmwnno vial, ei,..wr.. n. ,., ......, m O Codabd Foo S . o ro, G Robmflacooffee 0 IErodebodwN Reduree) l Ibn Roalrlclod Oafrvaq Foe 201, UlIEnlonolnenlRoqulred) —7� IT, � ru Tdal Pm•' -' SCHNOG d A RE ANITA m srrnT � l C3 sdw h PO BOX PS M1 OrPoBu sera BALD HEAD ISLAND, NC 28461 I i � J m ti G -0 m .n a T Q CONIbdFm GRalwn Fl000ll Fm C (Endu ,o Rolerlrad) o , ) Ln ti Toldl Pmlr sae m— a c " '.L M1m aNHd A 7 N rll T N in Ln O O(edesnmwalMewRRepM�ef =AW"AW"= p IFX a a TOW Pealapa 6 F^ M UBps � 3203 BANYAN WAY N WAXHAW, NC 28173 821 INLET VIEW ORIVE- WILMINGTON, NC 28409 MAY 19 2016 RECEIVED DCM WILMINGTON, NC DCM- NIHD CITY APR 2 5 2016 a //'5 a A crli I Irltu MAIL,.. RECEIPT I Gl (Domestic Mall Only; No insurance Coverage Prov/de� For deftery lnrarmetlon vial, our webelte at M -A - r � Posupo f S Cadllbd fag `1 / (n /�1 ` IEMo vlmm�ntt Roqu4.� •.ii / f rf U lN+n iuk fln+ncbd DefiveN Fba O p-edorvmanl Rayul+e0) ru N �l ru Tara Paslaga } FOe9 .�i M r.-- E65 H IN Iq rM- rosia, PO BOX 595 WRIGHTSVILLE BCH, NC 28480 U.S. Postal Service,. CERTIFIED MAIL RECEIPT (Damesdc Mail Only; No Insurartee Coverage Provided) For deltas tint0muttlon visit our weballe at www.uap`� p Fad C3 ::4d Rai.Racogt Fao Pr C3 IE ndorarmfFi Rgrebal r o °°wl 'nN r 2n1s ar, (Er mlti �— ru ru TPmI Paelrw A Fm. C: BROWN KE D X A NN (i n poa. 1 MORNING P cwi i:++ BRONXVILLE, NY 10708 V1-11 r IF FLL (Domestic Afall C For dellvary Inform, rn J-a 0 S I4,r.>- I s i 9 p QIEw=' lnneW Foe ofuKU) r / Is {iivran r� Roelltlbu DWvrlrF« R o r tors 0 IEndonomum RMWMMLn M ,Afro - -- LISPS._.. M1 Po1FFUN 501 SAINT MARYS WALK rat. aieiFea ROCKY MOUNT, NC 27804 CERIIFIED MAIL,u HILL; LIP T (Domeafle Mall Only; No Insurance Coverage Provided) Fort41Mry Information vlall our webelb at www.uepe.cbms e p GaNlbd IN O •"0 p RoWm R.cebl Fed p IE.Mf�nmM ReWktl! DD __ _ I} o' 2a 10 O R.nln[Ibd OeKary Fw In (Endwaament Ra9vllsbi ru N TNA Pml.v.s. —.e. a rn JASKE JOHN B & PAM 1A STE LISPS 171 + 20019 SPRINGHILL LANE { c RAPIDAN, VA 22733 - ...... U.S. Postal Service,,, CERTIFIED MAIL,.. RECEIPT — (Domesllc Mail Only; No Insurance Coverage Provided) if For delivery Inlormedon vlelt our wabs14 at www.uepe.cdmn p rrMlaad Fen �S V �;; dMtum Raeesd Fad / / ri. (Endoreament R.Cu4ed) a •,.•, -� o Im°R=F.. 12016 to ru Twat Poseoe A F... (: ru In �Te 80NICAJA SP ATRI L a 218 ROWICAFJJPS a s:ani: PO BOX 3 tti fFok sh BALD HEAD ISLAND, NC 28461 + U.S. Postal Service,., CERTIFIED MAIL,:. RECEIPT 'Domestic Mall Only; No Insurance Coverage Provided) .- `nnf9--Z4 o _ O Q CorO/bd Fee ' L p Rorum Rxfai Fed E I+gorwnwm Required) [ PR 0 r F416 O RtlaNPd oalw4n Fab (EndwwaonrW. Ra wd) rn u It: ielb� P..r. I 1,+ a CRABTA Fee. REELENN A AtrET at �dro', 90 WHITE PINE DR abism MONTOURSVILLE, PA 17754 MAY 19 2016 RECEIVED DCM OLMINGTON, NC DCM- MHD CITYAPR2 5 2016 7 Postal CERTIFIED MAIL,,, RECEIPT 14 m f n 1_ . - 19(ae, S pm� d f --•--a ?� M GQn"d Fro QI 1 G Holum R no ptkonuldd) Pusvlrn G IElxbrsomYN f1 r�1�Y O PMelc:pd eYiwry F9p Y LV'U pp j TYm! PMwee a F. $ V't / A [,,w— THOMAS PHIL R ET�ORIPF; VsPs ti arrrono. 1125 EAST MOREHEAD sc CHARLOTTE, NC 28204 -- in _o O S 1 O Ln ru ru m .a 0 r` (Oomeatfe Mail Only; No Insurance Coverage Provided) - (OomesticMatiOnly;NolnsumnceCcverageProvided) CEHTIFIEU Mail Only; IVIAIL!,: HtCtIYI No Insurance Coverage Provided) For dellvsry Infarmelon=urwsba1te@t�.usp1.=m7(Domestic Far tlelNery Informe[lon v(elt our webe!la at www,u•pe.dome ti Total POYmpe a Fm� E NO A A L N rYw •- e pri�,r---- \ SCHLOSSERPAMELA Ig��i$MAS ri /i.SPS a :midi%t:rib' 101TURN9UR`CPCACE t~ o pnao No. 7883 ENCHANTED CIR Gpt"s`ciu:ZiPN - ELON, NC 27244 ry dr°'°ro 4.2 MONCLOVA, OH 43542 U.S. Postal Service... ru CERTIFIED MAIL-,, RECEIPT atr (00mesfic 100 Only; No insurance Covemus Provided-) 0 m —_ J o S N G1O S O ('snJbtl Fao .4 /� i Poem � 1 RECEIVED O RYudmdow. WrYo IEnddYomwY R•p,Ydl 2016 "1 N 4 MAY 1 9 2016 rnuiram! PMwr • rm. STEPHAL4 P �PEQ m m o "innfyo I DCM- NIHD CITY i.a ^ 1014 GLEN A4GU c,4r-;-;e,'z BEL AIR, MD 21015 RECEIVED DCM WILMINGTON, NC APR 252016 MEMORANDUM TO: Holley Snider, Field Rep, Coastal Management CC: Chris McCall; Tyler Crumbley; Christian Preziosi FROM: Erik J. Olsen, P.E. EJ D DATE: 25 April 2016 RE: CAMA Major Permit Application (revised) Village of Bald Head Island — Applicant Detached Breakwaters Adjacent to Row -Boat -Row - Project olsen associates, inc. Coastal Engiisering Pursuant to your RAI of 15 April 2016, we have modified the Permit Application as requested. Enclosed are the modified forms, narrative and drawings (i.e. Sheet 4 of 4) only. Thank you for your continuing assistance in this matter. Eric/ DCM- MHD CITY olsen associates, inc. 1 2618 Herschel Street I Jacksonville, FL 32204 1 904.387.6114 1 FAX 904.384.7368 www.olsen-associates.com. RECEIVED DCM WILMINGTON. NC APR 2 5 2016 Snider, Holley From: Snider, Holley Sent: Friday, April 22, 2016 1:33 PM To: 'eolsen@olsen-associates.com'; 'cmcall@villagebhi.org' Cc: 'cpreziosi@lmgroup.net';' (tyler.crumbley@usace.army.mil)' Subject: FW: Response to Detached Breakwater Major CAMA Permit App. RAI Attachments: 3951_OO1.pdf Good Afternoon All, I have reviewed the information submitted by Erik Olsen in response to my April 15 request for additional information. The information submitted appears to address the deficiencies stated in my letter, however this information will need to updated on the appropriate forms and within the narrative. The updated forms and narrative will need to be submitted to complete the request for additional information. have any questions or I may be of assistance to you in any way. Sincerely, Holley Snider Field Representative NC Division of Coastal Management NC Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910) 796-7215, Fax: (910) 395-3964 " "Nothing Compares.... E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. Be Green - Don't print this e-mail unless required. Please feel free to call or email me if you From: Erik Olsen [mailto:eolsen@olsen-associates.com] Sent: Monday, April 18, 2016 2:18 PM To: Snider, Holley <holley.snider@ncdenr.gov>; Tyler Crumbley <Tyler.Crumbley@usace.army.mil> Cc: Chris McCall <cmccall@villagebhi.org>; Christian Preziosi <cpreziosi@lmgroup.net> Subject: FW: Response to Detached Breakwater Major CAMA Permit App. RAI Holley Will this suffice or do you want a paper copy also? Thanks. ERIK From: deviceCalolsen-associates.com rmailto:device(0)olsen-associates.coml Sent: Monday, April 18, 2016 1:56 PM To: Erik Olsen RECENED Subject: Attached Image MAY 19 2016 DCM- I1i'",HD CITY tiTil=TI [DT71► w 9Nil TO: Holley Snider, Field Rep, Coastal Management CC: Chris McCall; Tyler Crumbley; Christian Preziosi FROM: Erik J. Olsen, P.E. CJZ) DATE: 18 April 2016 RE: CAMA Major Permit Application Village of Bald Head Island — Applicant Detached Breakwaters Adjacent to Row -Boat -Row - Project olsen associates, inc. Coastal Engineering Pursuant to your RAI of 15 April 2016, we are enclosing the following additional information: 1. Permit Application Fortes — DCM-MP-1 a) No. 4d. — Contours and spot elevations were shown on Permit Sheet 3 of 4 The back beach is about elevation +6 ft. NGVD29 The dune rises to about +10-11 ft. NGVD29 The building sites upland of the dune are at about elevation +10 to 12 ft. NGVqkEC E IV_ =-) NGVD29 is approximately NWL b) No. 5d. — It appears this item was misinterpreted. MAY 19 2016 DCM- MHD CITY The "development" proposed consists of the construction of four (4) detached rock breakwaters. Each structure would include an underlayment (composite geo-grid and filter fabric) to reduce settlement. Each breakwater would be placed between two (2) existing structures (i.e. 4 groins and the south jetty) and slightly seaward of the groinfield. c) No. 6f. — Certified mail receipts have been forwarded to you via email by the Applicant on 18 April 2016. RECEIVED DCM WILMINGTON, NC olsen associates, inc. 1 2618 Herschel Street I Jacksonville, FL 32204 1 904.387.6114 ON"0140018 www.olson-associates.com. DCM WILMINGTON, NC APR 1 8 2016 2. Permit Application Form MP-2 a a) Underlayment details. The proposed underlayment is a composite geogrid and filter fabric product manufactured by TENSAR (ref Product No. GC654050). This unique underlayment serves to distribute loads, reduce settlement into soft sands and prevent scour by currents and waves. The underlayment is placed directly on grade, upon which rock is placed (see Permit Sheet 4 of 4). The underlayment will normally extend beyond the toe of rock by 2 to 3 ft. The predicted area of underlayment required for each breakwater is 3,100 sq. ft., mol. b) Armor Rock will typically vary between 18" (min) to 36" (max). Each low -profile breakwater structure will be "chinked" so as to be sand tight and stable. 3. Drawings — Scales — Permit Sheet 4 of 4 a) The Plan View and Section A -A by convention are Not -To -Scale (NITS), so as to best present the details of the structure components and configuration. b) Section B-B — The scale has been removed. It is now NTS. A revised Permit Sheet 4 of 4 is attached. Since the seabed elevation varies, so will the effective height of the structure above the seabed. Hence, a scale is not appropriate for Section B-B. c) The Title of Sheet 4 of 4 has been changed to "Design Details". 4. Additional Information — The subject shore stabilization project (detached breakwaters and existing groinfield) will need to have a design sand fill and be allowed to come to an anticipated equilibrium condition. Sand placement is not requested under this Application. Rather, the Village can place sand along the Row -Boat -Row shorefront under the authority of two (2) existing permits, i.e. CAMA-208-86 (Sand Bypass across the marina entrance from West Beach) and CAMA-139-10, sand excavated from an existing Bald Head Creek ebb tidal p0 ETV t D site. DCM WILMINGTON, NO RECEIVED APR 1 8 2016 -2- MAY 19 2016 olsen associates, inc. DCM- t\!HD CITY Pragmatically, sand volumes available under the Bypass permit are small in magnitude, i.e. 2,0004,000 cy per event. Conversely, sand volumes from the Bald Head Creek borrow site can be on the order of magnitude of 100,000 cy, mol (as required). Plan -of -Action. The design sand volume required to fill the subject Row -Boat -Shoreline after breakwater installation is unknown. It will depend upon beach conditions at the time, but could approach 15-25,000 cy. The current Plan is to episodically place Bypass sand along the Row -Boat -Row shoreline to attempt to "hold -the -line" until permits are acquired for the detached breakwater project discussed herein. Subsequently, a sand placement project will be implemented that in all probability will address sand requirements at both Row -Boat -Row and West Beach (also addressed by Permit 139-10). Such a larger project by dredge is most cost effective if combined. Note — It is presently anticipated that West Beach sand placement may need to occur during the Winter of 2016-17 due to ongoing erosion. This could affect the timing of sand placement at Row -Boat -Row which is dependent upon the timing of permit issuance. Please let me know if I can provide any additional information related to this Application. Thank you. RECEIVED MAY 19 2016 DCM- NPHD CITY Enc/ RECEIVED DCM WILMINGTON, NC APR 1 8 2016 - 3 - olsen associates, inc. Coastal Management ENVIRONMENTAL OUALITY April 15, 2016 Olsen Associates, Inc. C/o Erik Olsen 2618 Herschel Street Jacksonville, FL 32204 RE: CAMA Major Permit Application The Village of Bald Head Island Brunswick County Detached Breakwaters adjacent to Row Boat Row Dear Mr. Olsen: I PAT MCCRORY Governor DONALD R. VAN DER VAART $eardary BRAXTON DAVIS Dvmtor The Division of Coastal Management hereby acknowledges receipt of your application, requesting state approval for four (4) detached breakwaters parallel to the shoreline along Row Boat Row, adjacent to the Cape Fear River, in the Village of Bald Head Island, Brunswick County. However, your application lacks information necessary for 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 continue and will not be placed on hold. 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) 796.7270. Sincerely, a MAy 19 2016 Holley Snider VHD ci iy DGM- Field Representative cc: Doug Huggett Debra Wilson Heather Coats Chris McCall-VBHI Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 910-796-7215 PAGE I CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION 1. PERMIT APPLICATION FORMS Not all questions on the application have been answered, or indicated as "not applicable." Please address the following items: Form DCM-MP-1: • Number 4.d, please provide a range of elevations of the tract above Normal High Water (NHW). • Number 5.d, please include the construction of the rock groins and underlayment material as part of the development activities proposed. • Number 61, please provide the certified mail receipts for the adjacent riparian property owners along Row Boat Row. Form DCM MP-2: please address the placement, type and quantity of underlayment material that is proposed in the narrative and DCM Form MP-1. • Number 3.e, please provide an approximate size of the armor rock proposed. 2. DRAWINGs • Please correct the scale on the cross section drawing. 3. ADDITIONAL INFORMATION Additional information is needed in the narrative to address the plans for sand placement along Row Boat Row. If sand placement is proposed as part of this permit application additional information on quantities, sources, etc. will be necessary to complete the permit application. However, if sand placement will be initiated independently under a separate permit action, please provide information on the authorization and how the sand placement may affect the proposed project. Also, several references are made throughout the permit regarding underlayment material, please provide additional information on this material. RECEIVE:". MAY 19 of::h DCM- vt=,.- Nothing Compares_ State of North Carolina I Environmental Quality I coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 NU Received Pi Permit No.: Applicant's Name: .y Project Address: Division of Coastal Managemer Cashier's Official Receipt All In(- 1523 A s il Date: 20 L(L $ 1m— Check No.: aaA 90 County: EGN V l 4- Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Feld Representative: r Date: Date: 7 `� J 4µl RECEIVED MAY 19 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC APR 2 5 2016 MEMORANDUM TO: Holley Snider, NCDCM/DEQ CC: Chris McCall; Charles Baldwin, Esq. FROM: Erik J. Olsen, P.E. ETU DATE: 30 March 2016 RE: Major Permit Application by Village of Bald Head Island Four (4) Detached Rock Breakwaters; Cape Fear River Shoreline olsen associates, inc. Coastal Engineering Enclosed you will find revised DCM Permit Application Forms MP-1, MP-2, MP-4 and supplementary information required by same for the above referenced project. Please substitute this revised Application for that previously submitted. As you will see, the nature of the detached breakwater design is as discussed at our 24 March 2016 inter -agency meeting in Wilmington. Pursuant to comments received at that time, the project Narrative has been greatly expanded and an Alternatives Analysis included. Our firm will serve as Permit Agent and Project Engineer. The Village of Bald Head Island, N.C. is the Applicant. As described herein, the subject site is classified as an Estuarine Shoreline. Pursuant to DCM requirements, a Notice to adjacent property owners is being sent by the Village via Certified Mail. A copy of the draft Notice and a list of Riparian owners is enclosed. We are also enclosing the $400. Fee previously submitted (and returned) — to this revised Application. We look forward to addressing any further questions or data requirements for this project as requested by the NCDCM/DEQ and/or the Wilmington District, USACOE. Thank you. cc: C. Preziosi, LMG RECEIVED H. Coates, DEQ Tyler Crumbley, USACOE MAY 19 2016 Eric/ DCM- MHD CITY olsen associates, inc. 1 2618 Herschel Street I Jacksonville, FL 32204 1 904.387.6114 1 F)1M0%a64.7368 www.olsen-associates.com. DCM WILMINGTON, NC MAR 3 3 7nIF NC Division of Coastal Management AEC: Cape Fear River / Atlantic Ocean ( o Major Permit Application Computer Sheet Cdaits _ Fee: $400 #2218 �J Applicant: Village of Bald Head Island AgentlContractor: Olsen Associates, Inc. c/o Eric Olsen Project Site County: Brunswick Staff: Holley Snider District:Imington Project Name: Detached Breakwater Project Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 3-31-16 Date application "received as complete" in the Field office: Permit Authorization: ❑ CAMA ❑ Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: []Yes o I PNA: []Yes Wo Photos Taken: YesK No❑ Setback Required (riparian): []Yes o Critical Habitat: ❑Yes NINO ❑Not Sure 15 foot waiver obtained: []Yes XNo Hazarq%tification Returned: ❑YesNo SAV: ❑Yes o ❑Not Sure Shell Bottom: ❑Yes XNo ❑ Not Temporary Impacts: es ❑No Sure Sandbags: [_-]Yes No ❑ Not Sure Did the land use q4ssification come from LUP:]Yes ❑No Mitigati n equired (optional): ❑Yes XNo county Moratorium Conditions: Environmental A sessment Done: Length of Shoreline: ❑Yes ❑NoXNA Oyes❑NoRNA 4��FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open -o Closed SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) I ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) Sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ II. Public or commercial/no dredge $100 and/or fill - $400 [11. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs MAY 19 2016 DWQ agreement - $400 DCM- MHD CITY Village of Bill Date: 3-31-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One ` 1 New Work E Replace I Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Mair ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts amount 5 Dredge ❑ Fill Both ❑ Other ❑ ob 13" 4 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888-4RCOAST :: www ncaoastalmanaaement.net revised: 10N 2706 MAJOR PERMIT FEE SCHEDULE Village of BHl / $400 #2218 / Brunswick Co. C5 DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (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 1 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 RECEIVED MAY 19 2016 DCM- MHD CITY au. Data Daymal Rxvivatl d Check From(Name INlara of RetmH Holtlar Ventlor Check Numher Check amount Permit Number/Commmtr Recral Refund/Realloca Bran Forehand & Mollie Garnett Ter Pippin/Pippin Marne Construction LLC_ Jahn & Mary Richardson Peter Mueller Broadly & Shame Turner - JRWIRDW Inc _ _ Charles Walters, Jr. F & S Marne Contractors Inc F & S Marne Contactors Inc F & S Marne Contractors Inc _ Town of Carolina Beach Mike GallanUANA Builtlere Inc, Richard or Ends Penny Antinor Construction lz Proper Building Group Inc -Bradford Stevens -Rhonda WooteNrown of Holden Beach Mike Central Manna Construction Inc Cnns Connaway/Conn away Mmm Construction Rock Solid Construction - _ Adam KnlernllMa Land, LLC Adam Knumna Martech LLD Brandon Gnmeadmoney ardea Jerry EnnetVAntinon Construction Inc Jimmy NOONCeastal Marine Pairs Bulkheads LLC Me* Clements/Clements Manna Construction Nicholas Nixon III Donnie Re,WReid & Cook Builders LLC _. _ _ Jerry EnneNAntmon Construction Inc Cm. GibsoNil Coastal Services Jerome & Joy Kay _ Lnck OIsaNOlsen Associates, Inc Bran ForehaM Gary Lynch _ same Edwarc Hathaway same _ Louise Mengel same Richard & LocalFtaher iDerms Farrell Dennis Farrell same MO Affy same Ed Ball _ Ed Hill same same Michael McDaniel Georgia Rasmussen Linda Poemllo Steven Matthews Steven Madhewe Enc Cassidy _— Chad Barnhill _ _ Gene Hodges Sterling Karen _ -- — Channel Walk & Shore Line_HOA same - John & Jan Best Will Russell Mallard Bay HOA _ _ same -Village of BHI. Inc. _ Saah State _Bank _ _ ' Wells Fargo B of A 8 of A Wells Fargo First Bank _ - BB &T PNC Bank _ PNC Bank PNC Bank SB &T TD Bank USAA Federal Savings Bank 5WA First Citizens Bank NC SECU _ 80 &T First Bank :B&A CresCom Bank 6 of A BofA Wells Fargo B of A _ Wells Fargo First Citizens Bank BB &T B of A B of A Coming Fetleral Chad If Unbn king Branch Banand Trust Wells Fargo 2001 $2,000.00 express fee, 2103 Washington Ac.RC. HampIPN JD oft 1746D $400.00 GP 66369D _ _ _ _ RM act. 14UD 32M 00 GP M367D _ SF M. 1626D f200.00 GP 56346D JD mL 1745D $100.00 minor fee, Lot 4 Chiral St. E A NITS Ons JD hot. 17470 $400. OO GP 65365D BE act. 1625D _ $2W.00 major fea, 9197 Schl Drive Calabash BrCo SF act 1628D $200.00 GP M72D RM rt0. 1483D $450.00 GP 66371D ®$600 RM act. 1483D _ $150 00 RM nol 14830 $100. 00minor fee, C816-0 RM rut. 1464D $100.00 minor fee, 9 Hunter Heath NTS On. _ JD of 1749D $200.00 GP 661 JD at 1748D $200AO GP 66307D JD n2. 1754D $100.00 palate ee, W 4 Mailearfic Gabs, Hampstead PN JD rct. 158OD E200.0D GP 6472713 SF act. 1631D $400.00 GP 66360D SF act. 1629D $200.00 GP 663ODD JD fct. 17WD $200. 00: GP 66 11D HISrU. 1521D _ $200.00 GP 66383D SF act. 1633D $250.00 major fee 223 Flaritla Aw. CB lill0$400 RM act. 1485D f1W. DO major fee 223 Florkte Ave, CB fill Cp400 RM al 148513 $200.00 GP 66391D JD rci 1576D $200.00 GP 66297D_ _JD rct 1755D POO 00 GP 66393D @$200 RM rcT. 14B6D GP 66392D @$200 j $250. 00' major fee 199 Dr awood Cour, Will NHCO RM act. 1487D $400 00 malorme 115 & 125 Hollis Lana. Wlm NHOo 'RM rut. 1489D $100.00 minor fee 409 S. Antle son Blvd, TB PN JD act. 1577D $200 00 UP 662960 iJD act. 17MD $400 00 GP W395D _ �JD rat 1579D $200 00 GP 66396D JD rot. 1578D r18 $40000 majro fee Row Boat Row, BHI BrCo HS not. 1S23O WN 4741 W25 6740403431 1026 8125. 6239'_ 5194 5198 St 7823 7821 4183, 1829 1037 28499 10169 1223 1527 2142 2143 17-335655485 4165 20793 4061 4462,, 11326 4164� 7",, 5219 22 // PAT mCCRORY y Gorenror {;> DONALD R. VAN DER VA9RT Secretary BRAXTON DAVIS Coastal Management Dlrecror ENVIRONMENTAL QUALITY /EWI,,it ll.lWr.. May 17, 2016 MEMORANDUM: TO: Chad Coburn kMoterGntalih,Regional gperatlon5 SOCttUT1 401 Wetlands \Vilmingicn'negionalOffice DWR-WiRO I BR Co. FROM: E=Hedthdr'Coats, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilma, NC 28405 heathercoatsonnedenr.uov Fax:395-3964 (Couvier04-1S-33) SUBJECT: LAMA/D&FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline Please indicate below your agency's position or viewpoint on the proposed project and eeffurn ffhis form ffo`dWea4Prer Coats at the address above by June 2, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. Oi jam. CLL"t qL.-; c'I/c S/i:= Cc c- REPLY: This -agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Thislagendobjects to the project for reasons described in the attached comments. SIGNED DATE \�/ f RECEIVED 0r;h1l N/II-MINGTON, NC ,5>�hlothing Cornpares% Slate ofNorlh Carolina I Environmental Quality l C035M1 Management 127 Cardinal Drive ExL, Wilmington, NC 28405 910-796-7215 U't Tim Walton Dept of Administration State Property Office PAT MdRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director EEC EIVEf? MA'i '� 4: 2016 [DOA ,�­ rn`rr: PROP6RT`f OFRCEI FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405heather. coats().ncdenr.nov Fax: 395-3964 (doh{ 0 4 33) SUBJECT: CAMA/D&FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline Please indicate below your agency's position or viewpoint on the proposed project and Ye urn thrs,'form foslieather. Coats at the address above by June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V," This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED I.'. vtL(�e� l�1IoQ.te4l(lk) DATE." �Alothtng Compares_A . Stale of North Carolina I Environmental Quality l Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796.1215 Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director TO: Mark Zeigler WiRO Division of Community Assistance FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext.,Wllm., NC 28405heather. coatsanncdenr.c� Fax: 395-3964 (Courier 0� 9S 83) ,I ,1 1 I 'I SUBJECT: CAMA/D & FApplication Review I Applicant: Village of Bald Mead Island Project Location: shoreline along Row Boat Row, adjacent -to the Cape Fear River, Brunswick Co. .i I Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline Please indicate below your: agency's position or viewpoint on the proposed project and { return Phf§iPorm to=Heather'Coatsrat the address above by June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. i REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED IM a,' i DATE Received Nothing Compares MAY 18 2016 State of North Carolina l 9nvito nuenlal Quality l Coastal Management ®�� 127 Cardinal Drive Ext., Wilmington, NC 28405 910-796-7215 Coastal Management ENV I RONMENTAL OUALITV i i PAT MCCRORY Governor - DONALD R. VAN DER VAART Secretary DRAXTON DAVIS Direcmr May 17, 2016 MEMORANDUM: °j✓�% j 1 . TO: Dan Sams —` District Manager DEMLR - WiRO FROM: 'Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm,, NC_28406heather coatsOncdenr.nov Fax: 395-3964 (Coeavaet;®96 raj SUBJECT: CAMA/D 1l, FApplication Review Applicant: Village of Bald Head Island Project Location:. shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline Please indicate below your agency's position or viewpoint on the proposed project and v fttvot 49ii :0®van &oaP �at9te� di6at the address above by June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4— This agency has no comment on the proposed project. This agency approves of the project only it the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ®ATE 2D ZO SIGNED Pit$ tNcy RECEIVED DCM Wn.IMC CGTON, NO MAY 2 0 20W1 Nothing Compares State ofNodh Carolina I gnvironmental Quality I Coastal Management 127 Cardinal Drive Gxt., Wilmington- NC 28405 910-796-7215 Coastal Management ENVIRONMENTAL QUALITY May 17, 2016 MEMORANDUM: TO: F/RM. VIM.., ,1 } '21116 Georgette Scott Stormwater Section DEMLR - WiRO PAT MCCRORY Govemor DONALD R. VAN DER VAART secnlary BRAXTON DAVIS Dinctor Heather Coats, Assistant Major Permits Coordinator t NCDEQ — Division of Coastal Management ° 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats()ncdenr.gov Fax:395-3964 • `(Courier0 -9S,A SUBJECT: CAMA /D & FApplication Review Applicant: tillage of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline Please indicate below your agency's position or viewpoint on the proposed project and ee4urn jh7&4iorm 4olHea`ther.Coatsl"at the address above by June 9, 2016. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED 4 �� G� ToJ> DATE ( I J(r RECEIVED - ' DCM WIL MINGTON, NC idliY .iv 201G Nothing Compares. Slate ofNodh Carolina I Enviromnental Quality I Coastal Management 127 Cardinal Dnve Ext., Wilmington, NC 26405 910-796-7215 t ; i3�t?1`trI?D MAY 2 d 2016 Coastal Management. �Gl3OI' ENVIRONMENTAL QUALITY 619WIC 3 May 17, 2016 MEMORANDUM: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director TO: Ben Hughes NC DOT Brunswick County FROM: Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats@ncdenr.aov Fax: 395-3964 ' C ii 16 3.3) SUBJECT: CAMA /D & FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline Please Indicate below your agency's position or viewpoint on the proposed project and vetdin tlils;gortn to?'l-0eathei.Coats at the address above by June 9, 2096. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is.requested. REPLY: This agency has no objection to the project as proposed. I This agency has no comment on the proposed project. :i s This agency approves of the project only if the recommended changes are incorporated. See attached. e This agency objects to the project for reasons described in the attached comments. SIGNED (i i� t4�a _V,✓it DATE / - i VtFCEIVFD i r)Clll vvil-MINGTo 1 NcI 9, 7 2016 <'>^Nothtng Compares vI C( Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive ExL, Wilmington, NC 28405 910.796-7215 May 17, 2016 MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section PAT MCCRORY Governor DONALD R. VAN DER VAART 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((Dncdenr.00v Fax:395-3964 (Cou04-96'0). SUBJECT: CAMA/D&FApplication Review Applicant: Village of Bald Head Island Project Location: shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co Proposed Project: construction of four (4) offshore riprap breakwaters to protect the shoreline Please indicate below your agency's position or viewpoint on the proposed project and eelurnrthis form to:Heather, Coats t the address above by June 9, 2096. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. e)cThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. agency objects to the project for reasons described in the attached comments. DATE MAY 2 5 2016 �Nothtng Compares ({�� flf� State of North Carolina I Environmental Quality I Coastal Management DCM 127 Cardinal Drive Eat., Wilmington, NC 28405 910-796-7215 May 17, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: PAT.MCCRORY Goamoe DONALD R. VAN DBR VAART Sftmlary BRAXTON DAVIS Dimnat Chris McCall. LPO Brunswick County Heather Coats, Assistant Major Permits Coordinator NCDEQ — Division of Coastal Management 127 Cardinal Drive Ext , Wilm„ NC 28405 heather' coatsOncdenr. cov Fax:, 396-3964 (�ouile%'0 x' # 37# CAW /® d FApplication Review Village of Bald Head Island shoreline along Row Boat Row, adjacent to the Cape Fear River, Brunswick Co. Proposed Project: construction of four (4) offshore nprap breakwaters to protect the shoreline Please indicate below youkr agency's position or viewpoint on the proposed project and RUG'! js,fo�mito�WeeP/�'Y> CRARs'at the, address above by June 9, 2096. If you have any, questions regarding the proposed project; contact Holley Snidest (910) 796-7270 when . appropriate, in-depth comments with supporting data Is requested. REPLY: SIGNED agency has no objection to -the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments:. e Gr/Lj DATE Z6 144.1 Zo/6 Received MAY 2 b 2016 Nothing Compares State ofNonh Cmolina I rnvimnmental QulitYI Coastal Maasgement 127 Canlinal Ddm rAt., Wilmington, NC 29405 910.796.7215 M. MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Applicatio , —Village of Bald Head Island, Brunswick County Date: July 7, 2016 T)ns project �s conststent andlnoftn confltct wtth the village of BaI ea&IdlandtLand se P1an�Update The applicant is proposing to construct four (4) offshore riprap breakwaters adjacent to the Cape Fear River. The project is located in the Village of Bald Head Island in Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters in the area are classified as SA. The area is not open to the harvesting of shellfish and is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Bald Head Island Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection. In general, Bald Head Island allows development in Resource Protection classified AECs, which is consistent with the State's minimum use standards. The Village of Bald Head Island Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the Village of Bald Head Island Land Use Plan. Cc: File /_\» =_1IN TO: Doug Huggett, NCDENR CC: Charles Baldwin, Esq.; Chris McCall; Mayor Andy Sayre; Tyler Crumbly, USACOE; Courtney Spears FROM: Erik J. Olsen, P.E. EJv DATE: 26 July 2016 RE: Village of Bald Head Island — Detached Breakwater Project CAMA Permit No. 80-16 (SAW 2016-00589) Appeal of Permit Condition No. 9 (Regarding Signage) olsen associates, inc. Coastal Engineering As recently discussed, the Village of Bald Head Island, as Permittee, takes exception to the policy requirement that warning signage must be placed every 50 ft. along the subject four (4) detached breakwaters. Simplistically, the Applicant believes that the standards required by the USCG should instead apply to this site which is: a.) exposed to significant wave energy entering the Cape Fear River from the Atlantic Ocean — in addition to commercial shipwake, and b.) adjacent to the entrance of a marina from which ferry and barge traffic enter and exit hourly. Moreover, the breakwater(s) will predominately be initially sited in extremely shallow water, which will shoal even further after the placement of a sand fill landward thereof. That is to say, eventually the waters landward of the proposed structures will not be navigable. No breakwater will be located more seaward than the end of the north jetty rock structure recently constructed in 2015. Accordingly, the Permittee proposes to install up to four (4) pile supported warning signs in the manner described on the attached drawing. Our experience is that this design is consistent with USCG standards and we will seek their written concurrence in that regard. Hence, we would request that CAMA Permit No. 80-16 Condition No. 9 be revised to read that: "The Permittee must install and maintain at his expense any signal lights, signals or signage prescribed by the U.S. Coast Guard through applicable regulations". Please advise if a meeting at your offices in Wilmington is desired to discuss this Appeal further. Thank you. Eric/ olsen associates, inc. 1 2618 Herschel Street I Jacksonville, FL 32204 1 904.387.6114 1 FAX 904.384.7368 www.olsen-associates.com. Spears, Courtne From: Huggett, Doug Sent: Wednesday, August 10, 2016 2.45 PM To: eolsen@olsen-associates.com; Spears, Courtney Cc: 'Chris McCall'; 'Charles Baldwin';'Tyler Crumbley'; Coats, Heather, Wilson, Debra; Davis, Braxton C; Lopazanski, Mike Subject: RE: VBHI - CAMA Permit No. 80-16 - Appeal of Permit Condition No. 9 Erik At this point in time I simply don't have the time and energy to continue this discussion any further. Therefore, I will agree that, by copy of this email, you may consider your permit refined to include your originally proposed language. Please keep this email, as well as Sheet 1 of 1(dated 7/25/16), on site for review when a Division representative inspects the project for compliance. Please note that, in case liability issues arise from any future accidents involving the breakwaters, the Division will include this correspondence in our official permit file for this project. I trust that this satisfies the Village's concerns over this issue. Doug Doug Huggett Manager, Major Permits and Federal Consistency Section North Carolina Division of Coastal Management doug.huggett@ncdenr.gov (252) 808-2808 ext. 212 From: Erik Olsen Imailto:eolsen@olsen-associates.com] Sent: Wednesday, August 10, 2016 12:56 PM To: Huggett, Doug <doug.huggett@ncdenr.gov>; Spears, Courtney <courtney.spears@ncdenr.gov> Cc: 'Chris McCall' <cmccall@villagebhi.org>; 'Charles Baldwin' <cbaldwin@brookspierce.com>; 'Tyler Crumbley' <Tyler.Crumbley@usace.army.mil>; Coats, Heather<heather.coats@ncdenr.gov>; Wilson, Debra <debra.wilson@ncdenr.gov> Subject: RE: VBHI - CAMA Permit No. 80-16 - Appeal of Permit Condition No. 9 Doug Thanks for the speedy reply.Unfortunately, the installation of 8 signs here(as recommended below) is still considered excessive. I would note that the signs proposed by the Village are very large (ie36" square),reflective and meet USCG spec. They are the same size and type as installed along the terminal groin constructed last year. In my opinion , the spacing and placement proposed by the Village exceed the requirements of the USCG. Hence, we are attempting to "balance" their regulations with yours. In your continuing deliberations of our Appeal ,please consider the following: 1.The 1300 ft long terminal groin project constructed last year only required 3 pile mounted signs, as accepted by the USCG. The crest elevation of the terminal groin is only half a ft higher than the proposed breakwaters.For the TG, DCNR had no signage requirements. - ) 2. Neither of the two rock jetty extensions built at the marina entrance in 2015, resulted in any form of signage requirements by DCNR. The north jetty is seaward of Row Boat Row. 3. The Row Boat Row shoreline presently has 4 groins(last reconstructed in 2012) with armor rock placed at each end. DCNR required no signage for that project. 4. The subject RBRow shoreline will receive a hydraulically placed sand fill from BHCreek, immediately after construction(and prior to 1 April 2017). Accordingly after fill equilibration, the waters behind at least 3 of the 4 breakwaters will not be navigable.Hence the signage density proposed by the Village can be considered as conservative relative to the predicted eventual need. For these reasons, we believe that DCNR should differentiate the requirements of this project relative to those potentially recommended at other more quiescent and less dynamic locations where such structures are permittable. Please advise as to how to best proceed here. We currently are out to BID on this project so as to be able to construct it and the companion beach fill before 1 April of next year. Thank you for your continuing consideration of this request. ERIK From: Huggett, Doug rmailto:doug.huggett(&ncdenr.govl Sent: Wednesday, August 10, 2016 11:31 AM To: eolsenCdolsen-associates.com; Spears, Courtney Cc: Chris McCall; Charles Baldwin; Tyler Crumbley; Coats, Heather; Wilson, Debra; Huggett, Doug Subject: RE: VBHI - CAMA Permit No. 80-16 - Appeal of Permit Condition No. 9 Erik Sorry for the delay in getting back with you - it took me a while to discuss this with Division management. Here is what we have come up with. The Division continues to believe that it is necessary to separately mark each of the four permitted breakwater structures. Therefore, we continue to view that the proposed location of the marking pilings shown on your Sheet 1 of 1 (dated 7/25/16) are not consistent with the permit requirements. However, what we can do in this case is to refine the requirements of Condition No. 9 of Permit 80-16 to allow for the type of piling/signage depicted on Sheet 1 of 1 in lieu of the requirement that the sills be marked with yellow reflectors extending at least 3 feet above the water line. Additionally, we can agree to allow for the markings to be at each end of the each of the four breakwaters ( 2 per breakwater) as opposed to requiring these every 50 feet. If that is acceptable, please consider this email as a refinement to Condition No. 9 of Permit 80-16. If you have any other questions on this, please don't hesitate to give me a call. Thanks and good luck with the project, Doug Doug Huggett Manager, Major Permits and Federal Consistency Section North Carolina Division of Coastal Management doug.huggett@ncdenr.gov (252) 808-2808 ext. 212 From: Erik Olsen Imailto:eolsen@oIse n-associates.coml Sent: Wednesday, August 10, 2016 10:18 AM To: Spears, Courtney <courtnev.spears@ncdenr.gov> Cc: Huggett, Doug <doua.hueaett@ncdenr.aov>; Chris McCall <cmccall@villagebhi.ora>; Charles Baldwin <cbaldwin@brookspierce.com>;Tyler Crumbley <Tvler.Crumbley@usace.armv.mil> Subject: FW: VBHI - CAMA Permit No. 80-16 - Appeal of Permit Condition No. 9 Courtney Can you give me the Status of this Request? We are out to BID.Thanks. ERIK From: Erik Olsen [mailto:eolsen(o olsen-associates.com] Sent: Tuesday, July 26, 2016 11:50 AM To: Doug Huggett (doug.huggett( ncdenr.Qov); Courtney.spears(ancdenr.gov Cc: Tyler Crumbley (Tyler.Crumbley(&usace.army.mil); Chris McCall; Charles Baldwin (cbaldwin(&brookspierce.com); Andy Sayre (isayreCla villagebhi.org) Subject: FW: VBHI - CAMA Permit No. 80-16 - Appeal of Permit Condition No. 9 Doug/Courtney I'm sorry to have to belabor the point but as Permit Agent I am authorized to submit the attached Appeal to Permit Condition No.9 of CAMA permit no. 80-16. Please review the attached information and schematic intended to better represent the nature of this request. Thank you for your continuing consideration in this matter. ERIK From: Heather Kalka [mailto:hkalka(aolsen-associates.com] Sent: Tuesday, July 26, 2016 11:09 AM To: 'Erik Olsen' Subject: VBHI - CAMA Permit No. 80-16 - Appeal of Permit Condition No. 9